§ 90-163. Definitions.

For the purpose of this article, the following definitions shall apply: words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this article shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

Availability charge means a charge to a developer or individual resident to recover the debt service and extension and replacement costs paid on a stormwater management system facility that had been previously constructed, but which serves such developer or individual resident.

Bonds means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the cost of construction.

Cost of construction means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including but not limited to the costs of:

(1)

Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor;

(2)

Physical construction, installation and testing, including the costs of labor, services, materials, supplies and utility services used in connection therewith;

(3)

Architectural, engineering, legal and other professional services;

(4)

Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation;

(5)

Any taxes or other charges which become due during construction;

(6)

Expenses incurred by the city or on its behalf with its approval in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to construction;

(7)

Principal of and interest of any bonds; and

(8)

Miscellaneous expenses incidental thereto.

Debt service means, with respect to any particular fiscal year and any particular series of bonds, an amount equal to the sum of: (i) all interest payable on such bonds during fiscal year; plus (ii) any principal installments of such bonds during such fiscal year.

Developed property means real property which has been altered from natural state by the addition of any improvements such as a building, structure, or impervious surface. For new construction, property shall be considered developed pursuant to this article: (i) upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or (ii) if construction is at least 50 percent complete and construction is halted for a period of three months.

Director means the public utilities director.

District means the Northern Palm Beach County Water Control District.

Dwelling unit means a single unit or apartment providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Equivalent residential unit and ERU mean the average impervious area of residential developed property per dwelling unit located within the city and as established by separate resolution of the city commission as provided in this article.

ERU rate means a utility fee charged on each ERU as established by commission resolution as provided in this article.

Extension and replacement means costs of extensions, additions and capital improvements to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for, the system, or land acquisition for the system and any related costs thereto, or paying extraordinary maintenance and repair, including the cost of construction, or any other expenses which are not costs of operation and maintenance or debt service.

Fee-in-lieu-of means a charge to the developer or individual resident to recover: (i) the costs of construction and debt service on a new stormwater management system facility which serves such developer or individual resident; or (ii) the extension and replacement cost necessitated by development undertaken by such developer or individual resident.

Fiscal year means a 12-month period commencing on October 1 of any year, or such other 12-month period adopted as the fiscal year of the utility.

Impervious area means all areas covered by structures and impervious amenities such as roofed and paved areas, including, but not limited to, areas covered by roofs, roof extensions, patios, porches, driveways, sidewalks, parking areas, athletic courts and any other area which is covered by stone, shellrock, asphalt, concrete or any other type of impervious material.

Nonresidential developed property means any developed lot or parcel not exclusively residential as defined in this section, including hotels or motels zoned commercial, or as determined by city utility records or field inspection.

Operating budget means the annual stormwater management utility operating budget adopted by the city for the succeeding fiscal year.

Operations and maintenance means the current expenses, paid or accrued, of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practices, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practices.

Property appraiser means the office of the county property appraiser.

Revenues means all rates, fees, assessments, rentals or other charges or other income received by the utility, in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the city, all as calculated in accordance with sound accounting practice.

Stormwater system means the existing stormwater management facilities/structures of the city and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.

Stormwater utility means the stormwater utility created by this article to operate, maintain and improve the system.

Undeveloped property means property which has not been altered by the addition of any improvements such as a building, structure, impervious surface, change of grade or landscaping.

Undisturbed parcel means a parcel which has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities which have disturbed or altered the topography or soils on property.

Utility fee means a utility fee authorized by state law and this article which is established to pay operations and maintenance, extension and replacement and debt service.

Vacant improved property means vacant property which has or is served by any subdivision improvements.

Vacant improved single-family lots mean any individual lot of vacant improved property which is limited by chapter 94 to single-family use.

(Code 1979, § 32-3; Ord. No. 4427-12, § 2, 8-16-2012)

Cross reference

Definitions generally, § 1-2.