§ 17-155. Definitions.

As used in this article, unless the context clearly indicates otherwise, the following definitions apply:

City means the City of Kannapolis, North Carolina.

City council means the city council for the City of Kannapolis, North Carolina.

City manager means the city manager for the City of Kannapolis, North Carolina. The term shall also include any appointee of the city manager designated to perform one (1) or more duties under this article.

Customer or consumer means the person or entity to which a bill for stormwater service charges is sent.

Developed land means real property that contains impervious surfaces, and includes improved land without structures and land on which improvements are under construction.

Dwelling unit means one (1) or more rooms physically arranged to create a housekeeping establishment with separate facilities for cooking, sleeping and toilet for occupancy by one (1) or more persons.

Equivalent runoff unit (ERU) means the average amount of impervious surface area on a single-family developed land in the city and has been calculated to be three thousand two hundred fifty (3,250) square feet.

Illicit connections are defined as either of the following:

(a)

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

(b)

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.

Illicit discharge is any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other discharge of any substance other than stormwater into the storm drain system, the waters of the United States, or upon the land such that the substance is likely to reach the storm drain system or the waters of the United States constitutes an illegal discharge, except as exempted in section 17-179 of this article.

Impervious surface means any surface that because of its material composition or compacted nature impedes or prevents natural infiltration of stormwater into the soil. Impervious surfaces include, but are not limited to, roofs, roof extensions, patios, balconies, decks, athletic courts, swimming pools (excluding the water area of swimming pools), privately-owned streets, parking areas, driveways, and sidewalks, and any concrete, stone, brick, asphalt, or compacted and/or sealed gravel surfaces. Porous pavers, ungraveled natural footpaths, compacted dirt surfaces, noncompacted gravel surfaces, wooden slatted decks over pervious surfaces, water surfaces of lakes and streams, and septic system drain fields are not impervious surfaces.

Manager means the city manager of the City of Kannapolis or his designee.

Nonresidential developed land means all nonresidential land uses including, but not limited to, churches, institutional buildings, whether public or private, hospitals, rest homes, public and private schools, colleges and universities, institutionally-owned fraternity and sorority houses, dormitories, commercial, office, hotels and motels, industrial buildings, bona fide farms, storage areas, parking lots, and land containing nonresidential improvements under construction or other impervious surfaces.

Other residential developed land means any individual lot or parcel of residential developed land that is not single-family developed land. It includes, but is not limited to, land upon which there are residential structures that contain more than one (1) dwelling unit, such as multifamily dwellings (duplexes and greater), manufactured home parks as defined in the ordinances or statutes regulating development, condominiums, apartments, boarding houses, rooming houses, and privately-owned fraternity and sorority houses. Other residential developed land is sometimes called "multifamily" land.

Proper operations and maintenance means any action necessary to keep stormwater control measures and devices in proper working condition, so that such facilities will continue to comply with applicable City of Kannapolis Code of Ordinances to prevent safety hazards, public nuisances, and the failure of stormwater control measures and devices to function as intended. Maintenance includes activities identified on approved stormwater control plans, any applicable stormwater operations and maintenance manual, any applicable agreements or certifications to the city, and those activities described in rules, regulations, criteria and policies approved by the city manager or city council and this article.

Property owner or owner means the owner of a real property as shown on the Cabarrus County or Rowan County tax records.

Single-family developed land means an individual lot or parcel of land developed with only one (1) single-family (attached [townhome] or detached) dwelling unit (which may include an accessory apartment), one manufactured home, or one mobile home, and the ownership interest of the land and of the dwelling unit are united and identical. Single-family developed land shall not include structures used primarily for nonresidential purposes or other residential and nonresidential developed property.

Stormwater control measure means any device constructed to manage stormwater quantity and/or quality.

Stormwater service charge is the charge to provide stormwater services to developed property. The charge is based upon the single-family equivalent runoff unit (ERU) as calculated for that property.

Stormwater management system or system means the network of natural and constructed devices owned or maintained by the city for collecting, storing, treating, and transporting stormwater. It includes, but is not limited to, structural drainage systems such as open swales and ditches, catch basins, pipes, inlets, storm sewers, drains, culverts, junction boxes, and other stormwater management facilities that affect the quality and quantity of stormwater located within dedicated public street rights-of-way and City of Kannapolis permanent drainage easements accepted by the city and any natural stormwater drainage systems owned or maintained by the city.

Stormwater utility funds mean the stormwater service charges and the interest generated by those charges.

Stormwater services means city stormwater management programs designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater, and city service of structural and natural stormwater and drainage systems of all types. Stormwater services include any cost necessary to ensure that all aspects of stormwater quality and quantity are managed in accordance with federal and state laws, regulations and rules, and costs related to the mapping, planning, construction, operation, maintenance, inspection, management and regulation of the stormwater management system and the regulation of impervious surface and stormwater.

Undeveloped land means real property that that is without any building, structure or improvement, or other impervious surfaces, such as but not limited to paved parking areas.

(Ord. No. 2007-03, art. I, 2-12-07)