Section 78-277. Definitions and construction.

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 herein shall be construed to have the meaning given them by applicable state or federal law or if no such law applies, the common and ordinary meaning as defined in the latest edition of Webster's Dictionary shall apply.

Council means the City Council of the City of Cape Canaveral, Florida.

Condominium means a condominium created by a declaration of condominium, pursuant to F.S. ch. 718.

Condominium residential unit parcel means a tax parcel of developed property constituting a condominium "unit" to which the property appraiser has assigned a DOR code of 0135, 0351, 0352, 0414, 0421, 0430, 0465, 0834, 0839 2020 or as defined or supplemented by the city manager in writing.

City means City of Cape Canaveral, a Florida municipal corporation.

Developed property means any tax parcel that includes impervious area.

DOR code means a property use code established in rule 12D-8.009, Florida Administrative code, as applied by the property appraiser.

ERU means "equivalent residential unit," the standard unit to be used in calculating the stormwater burden expected to be generated by the impervious area of developed property, after taking into consideration any mitigation of the stormwater burden that results from privately maintained stormwater management facilities and other factors affecting the quantity or quality of stormwater runoff.

ERU value means the Impervious area for a typical residential condominium parcel within the stormwater service area. Based upon a median impervious area derived from a statistically valid sample of residential condominium parcels, the city has computed an "ERU value" of 2,074 square feet, which shall be used to calculate the number of ERUs attributable to each tax parcel.

Exempt property means public rights-of-way, public streets, public alleys and public sidewalks, public parks and conservations (sic) areas and easements dedicated to the public.

Fiscal year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by laws as the fiscal year for the city.

General parcel means a tax parcel of developed property that is not a residential condominium unit parcel, single-family parcel, mobile home parcel or a trailer park parcel.

Government property means property owned by the United States of America, the State of Florida, a county, a special district, a municipal corporation, or any of their respective government agencies or political subdivisions.

Impervious area means hard-surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development.

Single-family parcel means a single-family parcel with an impervious area between 1,000 square feet and 4,000 square feet, inclusive. Property constituting a single-family parcel includes property to which the property appraiser has assigned a DOR code of 0100, 0110, 0119, 0130, 0140, 0194, 0195, 0196, 0200, 0210, 0220, 0819, 0820, 0830, 0840, 0850 or as defined or supplemented by the city manager in writing.

mitigation credit means, for any tax parcel of developed property, a number between 0.0 and 1.0 representing a reduction in the stormwater burden expected to be generated by such tax parcel attributable to privately maintained stormwater management facilities. The "mitigation credit" for each tax parcel shall be determined in accordance with the mitigation credit policy.

mitigation credit factor means the figure computed by subtracting the mitigation credit from 1.00.

mitigation credit policy means the City of Cape Canaveral Stormwater Utility mitigation Credit Policy approved by the city council and attached to Ordinance No. 06-2003 as appendix A.

Property appraiser means the property appraiser for Brevard County, Florida.

State means the State of Florida

Stormwater means the flow of water which results from, and which occurs immediately following, a rainfall event.

Stormwater fee means a monthly utility fee imposed upon each benefited user in the stormwater service area to fund stormwater management services.

Stormwater utility roll means the fee roll relating to the stormwater utility fee.

Stormwater management services means:

(a) Management and administration of the city's stormwater management program;

(b) Stormwater program engineering;

(c) Basin planning, including capital improvement plan development;

(d) Operating and maintaining the city's capital facilities for stormwater management, including extraordinary maintenance;

(e) Billing and collection of stormwater fees, including customer information services and reserves for available statutory payment discounts; and

(f) Legal, engineering and other consultant services.

Stormwater service cost means the estimated amount for any fiscal year of all expenditures and reasonable reserves that are properly attributable to stormwater management services provided within the stormwater service area under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the city for any moneys advanced for stormwater management services, and interest on any interfund or intrafund loan for such a purpose.

Stormwater utility means the utility established by this article to implement, operate, and maintain the stormwater management program of the city.

Stormwater utility director means the city's public works director or such person's designee or such other person designated by the city manger.

Stormwater service area means all real property within the city.

Tax parcel means a parcel of property, other than government property, to which the property appraiser has assigned a distinct ad valorem property tax identification number.

Tax roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collection of ad valorem taxes.

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