Definitions

For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:

Annual stormwater resolution means the resolution described in section 21-129 hereof, approving a stormwater roll for one (1) or more fiscal years.

Assessed property means all parcels of real property included on the stormwater roll that receive a special benefit from the stormwater improvements and stormwater management services identified in a final or annual stormwater resolution.

Borrow pits means the excavation and off-site hauling (to the site of another property owner) of sand, soil, peat, clay, stone, shell and the like in quantities of more than ten thousand (10,000) cubic yards.

Capital cost means the cost associated with the construction, acquisition, installation, reconstruction, renewal or replacement of stormwater improvements including without limitation: (a) the cost of physical construction, reconstruction, renewal, replacement or completion; (b) the costs of acquisition and installation; (c) the cost of all labor, materials, machinery and equipment, including costs associated with the acquisition thereof; (d) the cost of all lands and interest therein, property rights, and easements of any nature whatsoever, including costs associated with the acquisition thereof; (e) the cost of any indemnity or surety bonds and premiums for insurance during construction; (f) the cost of construction plans and specifications, surveys and estimates of costs; (g) the cost of engineering, legal and other consultant services; (h) reasonable contingencies for construction cost increases and change orders; and (i) all other expenses that are properly attributable to such acquisition or construction under generally accepted accounting principles; and including reimbursement to the city or to a landowner or developer as authorized by any other city ordinance for any moneys heretofore or hereafter advanced for capital cost and interest on any interfund loan for such purposes.

Clerk means the city clerk, or such other person as may be duly authorized to act on such person's behalf.

Comprehensive plan means the comprehensive plan adopted by the city pursuant to F.S. ch. 163, pt. II.

Department means the public works department having jurisdiction and cognizance over the stormwater management division therein and its matters relating to the use, management, operation and maintenance of the stormwater services and system.

Department of revenue (DOR) code means those Florida Department of Revenue codes classifying land use as defined by Rule 12D-8-008(2)(a) F.A.C., as may be amended from time to time.

Detention pond means a stormwater facility designed to capture and limit stormwater flow (by releasing it at a reduced rate) in order to reduce downstream impacts or improve its quality.

Developed property means property that has been developed with impervious area.

Director means the director of the department who shall be responsible for the management of the affairs of the department, or his designee.

Drainage system means the surface and subsurface system for the removal of water from or control of water on the land, including both the natural elements of streams, marshes, swales and ponds, whether of an intermittent or continuous nature, and manmade elements which include culverts, ditches, channels, piping and storage facilities. The storm sewer system may be referred to as stormwater management facilities, conveyance system, etc.

Dwelling unit means a room or group of rooms forming a single independent habitable unit used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family only; for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis; and containing independent kitchen, sanitary and sleeping facilities.

ESFIA means "equivalent square footage of impervious surface," (also known as an "ESU" or an "equivalent stormwater unit") the standard unit used to express the stormwater burden expected to be generated by each parcel of property, after taking into consideration any approved mitigation credits.

Excavation means the action or process of creating a depression or hole in the ground of two (2) feet or greater in depth by moving and/or removing the soil.

Final stormwater resolution means the resolution described in section 21-128 hereof, which shall confirm, modify or repeal the initial stormwater resolution and which shall be the final proceeding for the imposition of the initial stormwater charges.

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 law as the fiscal year for the city.

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

Grading means the action or process of changing the elevation contour of property.

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 affect the natural infiltration or runoff patterns which existed prior to development.

Initial stormwater resolution means the resolution described in section 21-124 hereof, which shall be the initial proceeding for the imposition of the stormwater charges.

Mine means a pit or excavation in the earth from which minerals or earthen products are taken for use elsewhere.

Mitigation credit means a credit applied to a stormwater charge for a developed property in consideration of the on-site management of the stormwater burden as a consequence of the location of a mitigation facility or in consideration of discharge to an non-city stormwater system or for the conveyance and/or treatment of city stormwater.

Mitigation facility means a manmade facility or structure on the site of a developed property which, by its design and function, retains or detains stormwater on-site and thus generates less volume of stormwater from the site or produces stormwater runoff at a lower rate or with less pollutants than would be the case in the absence of such facilities or structure.

Obligations means a series of bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligations of the city issued or incurred to finance any portion of the capital cost of a stormwater improvement and secured, in whole or in part, by proceeds of the stormwater improvement assessments.

Official means the mayor of the city or his or her designee.

Owner, tenant, occupant shall include the heirs, personal representatives, successors and assigns of the person referred to, and the covenants and agreements contained in any contract between the department and its consumers should be binding upon and inure to the benefit of the heirs, personal representatives, successors or assigns of the respective persons thereto.

Pledged revenue means as to any series of obligations: (a) the proceeds of such obligations, including investment earnings; (b) proceeds of the stormwater improvement assessments pledged to secure the payment of such obligations; and (c) any other legally available non-ad valorem revenue pledged to secure the payment of such obligations, as specified by the resolution authorizing such obligations.

Project cost means: (a) the capital cost of a stormwater improvement which may or may not include the following; (b) the transaction cost associated with the obligations to finance the stormwater improvement; (c) interest accruing on such obligations for such period of time as the city deems appropriate; (d) the debt service reserve fund or account, if any, established for the obligations which financed the stormwater improvement; and (e) any other costs or expenses related thereto.

Property appraiser means the Hillsborough County Property Appraiser.

Public drainage system means drainage systems located in and/or draining water from public rights-of-way or easements.

Retention pond means a stormwater facility that has no structural outfall and the discharge from which is limited to percolation, evaporation, and evapo-transpiration.

Retention storage means storm runoff collected and stored with no release other than evaporation or infiltration to the ground.

Service area means the corporate limits of the city.

Stockpile, permanent means the storage of soil or earthen products as a business function, unrelated to any one (1) special site and with no foreseen end in accordance with a site earthwork and drainage plan.

Stockpile, temporary means the short-term storage of soil or earthen products during construction activities of a specific site in accordance with a site earthwork and drainage plan.

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

Stormwater assessment means either a stormwater improvement assessment, a stormwater service assessment, or both.

Stormwater basin means a part of the earth's surface that contributes stormwater runoff to a drainage system, which consists of diffuse surface waters, together with all natural or artificial tributary surface streams and/or bodies of impounded surface water.

Stormwater basin plan means a policy document that is adopted by the council for each stormwater basin or hydrologic subarea thereof in which stormwater improvements are proposed and that provides for implementation of the stormwater master plan.

Stormwater charge means the stormwater assessments and/or the stormwater fee.

Stormwater fee means a fee reasonably related to service provided by the city to government property to fund all or any portion of the stormwater service cost for government property at a just, fair, reasonable, and equitable rate based upon such property's stormwater burden, the reasonable relationship to benefits received, and the reasonable cost of providing stormwater management services to such property. The stormwater fee imposed against government property is not a special assessment; it is a regulatory fee imposed for the stormwater management service provided to government property as developed property by the city's stormwater utility.

Stormwater improvement means land, capital facilities and improvements acquired or provided to detain, retain, convey or treat stormwater.

Stormwater improvement area means one (1) or more stormwater basins, or any portion or portions thereof, as identified in the initial stormwater resolution, encompassing those parcels of property specially benefited by the construction, reconstruction or installation of all or any portion of a stormwater improvement that removes, detains, retains or treats, in whole or in part, the stormwater burden expected to be generated by the physical characteristics and use of the assessed property. Each stormwater improvement area will include either: (a) the property which is hydrologically connected, directly or indirectly, to a stormwater improvement; or (b) all property located within a hydrologically defined area in which the city constructs one (1) or more stormwater improvements pursuant to a stormwater basin plan to correct existing deficiencies with respect to a specific level of service and provide a consistent level of stormwater management.

Stormwater improvement assessment means a special assessment imposed by the city within a stormwater improvement area to fund the capital cost or the debt service and related cost of obligations issued to finance the project cost of a stormwater improvement.

Stormwater management service means: (a) management and administration of the city's stormwater utility; (b) stormwater program engineering; (c) stormwater basin planning; (d) stormwater improvements to be acquired or constructed during a single fiscal year without the issuance of any obligations, except that budgeted and funded projects may overlap fiscal years; (e) operating and maintaining the city's capital facilities for stormwater management, including extraordinary maintenance and scheduled replacement of such facilities; (f) billing and collection of stormwater charges, including customer information services and reserves for statutory discounts; (g) permitting, inspecting and reviewing of plans; and (h) legal, engineering and other consultant services.

Stormwater roll means the roll created that includes all parcels within the city and their assigned stormwater charge relating to stormwater improvements or stormwater management services approved by a final stormwater resolution or each subsequent annual stormwater resolution pursuant to sections 21-128 and 21-129 hereof.

Stormwater service area means the geographic area described in the initial stormwater resolution that encompasses all parcels within the city which specially benefit from the stormwater management service and all parcels to which stormwater management services are provided.

Stormwater service assessment means a special assessment imposed by the city within the stormwater service area to fund the stormwater service cost.

Stormwater service cost means the estimated amount for any fiscal year (or for more than one (1) fiscal year upon approval of council pursuant to section 21-129(b) hereof) of all expenditures and reasonable reserves that are properly attributable to the stormwater management service provided within the stormwater service area under generally accepted accounting principles.

Stormwater system means the appurtenances, facilities, equipment and services necessary for the collection, treatment, storage and conveyance of storm and surface waters.

Stormwater utility means the entity established by section 21-117 hereof to implement the stormwater management program of the city.

Tax collector means the Hillsborough County Tax Collector.

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.

Transaction cost means the costs, fees and expenses incurred by the city in connection with the issuance and sale of any series of obligations, including but not limited to: (a) rating agency and other financing fees; (b) the fees and disbursements of bond counsel; (c) the underwriters' discount; (4) the fees and disbursements of the city's financial advisor; (d) the costs of preparing or printing the obligations and the documentation supporting issuance of the obligations; (e) the fees payable in respect of any municipal bond insurance policy; and (f) any other costs of a similar nature incurred in connection with issuance of such obligations.

Uniform Assessment Collection Act means F.S. § 197.3632 and 197.3635, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.

Year means calendar year from January 1 to December 31.

(Ord. No. 89-249, § 2(46-4), 9-28-89; Ord. No. 2003-200, § 2, 8-7-03; Ord. No. 2010-93, § 1, 7-29-2010; Ord. No. 2016-63, § 2, 5-5-2016)

Cross reference— Definitions and rules of construction generally, § 1-2.