§ 40-516. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means and refers to the Clean Water Act as amended by the Water Quality Act of 1987 (33 U.S.C. § 1251 et seq.), as amended, and the rules and regulations promulgated by the United States Environmental Protection Agency pursuant thereto.

Attached residential property shall mean improved property containing individually owned, attached dwelling units such as duplexes, triplexes, townhouses, or other residential structures not listed herein where one or more family groups commonly and normally reside or could reside. Improved property may be classified as an attached residential property despite the presence of incidental structures associated with residential uses such as garages, carports and small storage buildings. Improved property may be classified as an attached residential property despite the presence of a commercial use. Attached residential property shall not include improved property containing: structures used primarily for non-residential purposes, hotels, motels, retirement centers, nursing homes and assisted living home.

Credit means a reduction in the amount of a stormwater user fee charge to the owner of a particular property for the existence and use of privately owned, maintained and operated on-site or off-site stormwater systems or facilities, or continuing provision of services or activities that reduce or mitigate the city's cost of providing stormwater management services for that particular property.

Customers of the stormwater utility shall include all persons, properties, and entities serviced by and/or benefiting from the services provided by the city's SWMP and the stormwater utility. These services include, but are not necessarily limited to, the stormwater utility's administration, management, maintenance, expansion, and improvement of the public stormwater management systems for the handling of stormwater runoff of private and public properties, and the regulation of the public and private stormwater management systems, controls, facilities, and activities.

Detached single-family residential property or DSFR means improved property containing one residential structure which is not attached to another dwelling, and which contains one or more bedrooms, with bathroom and kitchen facilities, designed for occupancy by one family. A detached single-family residential property may include a "stick-built," industrialized, or manufactured home located on one or more individual lots or parcels of land. Improved property may be classified as a detached single-family residential property even if there is present incidental structures associated with residential uses such as garages, carports, storage buildings, guest houses, servants or caretakers quarters, cottages or barns, or the presence of a commercial use within the residence, as long as such use does not result in additional areas of impervious surfaces. Detached single-family residential properties shall not include improved property containing structures used primarily for nonresidential purposes, manufactured homes located within manufactured home parks where the land is owned by someone other than the owners of the manufactured homes, or multiple dwelling unit residential properties.

Dwelling unit shall mean a structure, which contains one or more bedrooms, a bathroom and a kitchen facility.

Equivalent residential unit (ERU ) means the stormwater user fee charge billing unit increment related to the median horizontal impervious surface area footprint of 3,300 square feet for a typical single-family dwelling unit within the city.

Hydrologic response defines the manner and means whereby stormwater collects, remains, infiltrates, and is conveyed from a property. Hydrologic response is dependent on several factors including, but not limited to, the presence of impervious surface, the parcel's size, the parcel's shape, the parcel's vegetative canopy, the parcel's groundwater, the parcel's antecedent moisture and the parcel's geologic condition.

Impervious area shall mean the area, usually expressed in square feet, that is covered by an impervious surface.

Impervious surface means those areas which prevent or impede the infiltration of stormwater into the soil in the manner in which it entered the soil, in natural conditions, prior to development. Common impervious surfaces include, but are not limited to, rooftops, buildings or structures, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, awnings and other fabric or plastic coverings, and other surfaces which prevent or impede the natural infiltration of stormwater runoff which existed prior to development.

Improved property means property altered from its natural state by construction or installation of 500 square feet or more of impervious surfaces.

Non-single-family residential property or NSFR means improved property containing multiple dwelling unit residential properties, condominiums, apartments, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas, parking lots, parks, recreation properties, tennis courts, swimming pools, public and private schools and universities, research facilities and stations, hospitals and convalescent centers, airports, agricultural uses, water and wastewater treatment plants, and any other form of use not otherwise mentioned which is not a detached single-family residential (hereinafter "DSFR"), or attached residential (hereinafter "AR") property, and which has private parking lots and private drives or roads.

Public water influence zone means those areas lying downstream of a culvert, or other stormwater management conveyance system. On the downstream side of the conveyance system, the public water influence zone will extend for a length of six times the diameter (or width) of the culvert from which runoff is being discharged (Field Manual for Erosion and Sediment Control in Georgia, Third Edition, pg. 99), and within the horizontal limits set forth in the aforementioned field manual. For example, if a 48-inch diameter culvert is discharging to a private property, the public water influence zone shall extend 24 feet (six times 48-inches) from the end of the culvert and for the specified width (i.e. typically the width of the creek). The Cornelia Stormwater Utility may perform maintenance and/or capital construction activities only within that portion of the public water influence zone which the city has an ownership interest in, or for which a dedicated easement has been granted to, and accepted by the city for such purpose.

Service area means the entire land area within the corporate limits of the city.

Stormwater management services mean all services provided by the city which relate to the:

(1)

Transfer, control, conveyance or movement of stormwater runoff through the incorporated portions of the city;

(2)

Maintenance, repair and replacement of existing stormwater management systems and facilities;

(3)

Planning, development, design and construction of additional stormwater management systems and facilities to meet current and anticipated needs;

(4)

Regulation of the use of stormwater management services, systems and facilities; and

(5)

Compliance with applicable state and federal stormwater management regulations and permit requirements. Stormwater management services may address the quality of stormwater runoff as well as the quantity thereof.

Stormwater management systems and facilities means those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainage ways, inlets, catch basins, pipes, headwalls, storm sewers, lakes and other physical works, properties and improvements which transfer, control, convey, detain, retain, treat or otherwise influence the movement of stormwater runoff.

Stormwater user fee charge means the periodic user fee charge imposed pursuant to this article by the Cornelia Stormwater Utility for providing stormwater management services. This term shall exclude special charges to the owners of particular properties for services, systems or facilities related to stormwater management, including, but not limited to, charges for development plan review, inspection of development projects, onsite stormwater control systems and other stormwater management services provided by Cornelia for which a corresponding fee is collected for the service rendered.

Undeveloped land means land in its unaltered natural condition or which is modified to such a minimal degree as to have a hydrologic response comparable to land in an unaltered natural condition shall be deemed undeveloped. Undeveloped land shall have minimal impervious surface, which impedes the infiltration of stormwater runoff or causes stormwater runoff to collect, concentrate or flow in a manner materially different from what would occur if the land were in an unaltered natural condition. For purposes of this article, undeveloped land includes property altered from its natural condition by the creation or installation of 500 square feet or less of impervious surface.

User is defined as any person who uses property, which maintains connection to, discharges to, or otherwise receives services from the city for stormwater management.

(Ord. No. 09-16-01, 10-4-2016)