§ 53.02. DEFINITIONS.  


Latest version.
  • For the purpose of this subchapter, 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 meanings given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
    "APPROVED PLANS." Plans approved by the authorized official according to a permit and plan review which will govern all improvements made within the city that require a stormwater system or changes or alterations to the existing stormwater system.
    "AUTHORIZED OFFICIAL." Any employee or agent of the city authorized in writing by the Board to administer or enforce the provisions of this subchapter.
    "BOARD." The Board of Public Works and Safety pursuant to IC 36-1-2-24(2).
    "CITY." The incorporated City of New Castle, Henry County,Indiana.
    "CLASSIFICATION PROCEDURE." The method that the city uses to determine the classification of non-residential parcels may take the following forms or any combination thereof.
    (1) Computation of the parcel size, pavement area, roof area, or other area using on-site measurements of the apparent outside boundaries of the parcel or impervious area in or on such developed parcel, respectively, made by the city or on its behalf.
    (2) Computation of the parcel size, pavement area, roof area, or other area using the dimensions of the parcel or impervious area in or on the parcels which are set forth and contained in the records of the office of the County Assessor or Township Assessor.
    (3) Computation of the parcel size, pavement area, roof area, or other area using aerial photography or photogrammertry, or using the information data from on-site measurements of like or similar property or features or as contained in the records of the city or county.
    (4) Computation of the parcel size, pavement area, roof area, or other area using data provided by the owner, tenant or developer. The authorized official may require additional information as necessary to make the determination.
    "CODE." The City of New Castle, Indiana Code of Ordinances.
    "COMPOSITE COVERAGE VALUE." The result of calculations as determined by the city that multiplies pavement areas times 0.90, roof areas times 1.00, and other areas times 0.20 and then divides the sum of three by the total area of a particular parcel. Pavement areas include aggregate, asphalt, brick, concrete, etc. that may be used for pedestrian or vehicular traffic. Roof areas include any above ground structure. Other areas include lawns, open water, woods, etc.
    "COVERAGE FACTOR." The part of the non-residential rate equation representing the relative amount of impervious area on a particular parcel. For purposes of this subchapter, each non-residential parcel shall be assigned one of the following coverage factor categories as determined by the city in accordance with the classification procedure:
    (1) "LOW." That the composite coverage value is equal to or less than 0.5. Low coverage factor is hereby established as 2.0.
    (2) "HIGH." That the composite coverage value is more than 0.5. High coverage factor is hereby established as 3.0.
    "NON-DEVELOPED PROPERTY." A lot or parcel of land which is vacant or is used for agricultural purposes. This does not include parking lots, athletic fields, front back or side lawns, or lots which are used as accessory lots to residential property or non-residential property.
    "NON-RESIDENTIAL PROPERTY." All properties not encompassed within the definition of residential property, including but not limited to: commercial, industrial, retail, multi-family residential, governmental, institutional, schools and churches.
    RESIDENTIAL PROPERTY.” Any lot or parcel existing in the city on which a single building or mobile home is situated containing up to and including four dwelling units and including any lot or parcel existing in the city on which a single garage is located provided said garage receives no city water or sewer service and is used solely for residential purposes. This shall include the storage of items by a person for his or her own use. In such cases, said garage may not be used for any commercial purpose.
    "SIZE FACTOR." The part of the non-residential rate equation representing the relative amount of surface area on a particular parcel. All surface area calculations shall be rounded to the nearest one-tenth of one acre. For purposes of this subchapter, each non-residential parcel shall be assigned one of the following size factor categories as determined by the city:
    (1) "SMALL." That a particular parcel is made up of equal to less than 1.0 acres. Small size factor is hereby established as 1.0.
    (2) "MEDIUM." That a particular parcel is made up of more than 1.0 acres but less than 5.0 acres. Medium size factor is hereby established as 3.0.
    (3) "LARGE." That a particular parcel is made of more than 5.0 acres. Large size factor is hereby established as 5.5.
    "STORMWATER." The chemical compound of hydrogen and oxygen which is produced from atmospheric clouds as rain, snow, sleet, and hail.
    "STORMWATER SYSTEM." All constructed facilities, including structures and natural watercourses under the ownership, and/or control of the city, used for collecting and conducting stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, streets, culverts, retention or detention basins and pumping stations; and excluding therefrom, any part of the system of drains and watercourses under the jurisdiction of the Henry County Drainage Board or waters of the State of Indiana.
    "STORMWATER UTILITY." A division of the sewage works as defined in IC 36-9-1-8.
    "STORMWATER UTILITY USER." The owner of a lot or parcel within the city.
    "SURFACE WATER." Water occurring on the surface of the land, from natural causes such as rainfall, whether falling on the land in question or flowing onto the land in question.
    (Ord. 3456, passed 12-19-05; Am. Ord. 3723, passed 6-1-15)