§ 30-324. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bonds means revenue or general obligation bonds or notes heretofore or hereafter issued to finance the costs of improvements.

BPU means the board of public utilities, an administrative agency of the unified government.

Certificate of occupancy means a certificate issued by the office of central inspection that permits a newly constructed or a new addition to a residential developed property or nonresidential developed property to be occupied.

City means all of the territory of the county, except the territory of the Cities of Bonner Springs, Edwardsville and Lake Quivera and the unincorporated area of the county.

Costs of capital improvement means costs incurred in providing capital improvements to the stormwater and surface water management system or any portion thereof including professional services and studies connected thereto; payment of principal and interest on bonds heretofore or hereafter issued, including payment of delinquencies of principal and interest due on bonds that are otherwise payable from special assessments or any other source of revenue; studies related to the operation of the system; and the costs of the rate study performed in relation to establishing rates for the stormwater and surface water utility and other start up costs of the stormwater and surface water utility; costs related to the National Pollution Discharge Elimination System permit and any studies associated therewith as mandated by federal laws and regulations; and costs associated with purchasing equipment, computers, furniture, etc., that are necessary for the operation of the utility.

Debt service means an amount equal to the sum of:

(1)

All interest payable on bonds during a fiscal year; plus

(2)

Any principal installments payable on such bonds during such fiscal year.

Developed property means any parcel of real property on record with the registrar of deeds which either contains more than 400 square feet of impervious area or is part of a larger composite use of land which contains more than 400 square feet of impervious area.

Director means the person appointed by the county administrator to be the director of the stormwater and surface water utility.

Drainage fee means a service fee authorized by Charter Ordinance No. CO-4-08, this article and as set forth in an ordinance adopted or amended by the unified government commission that is established to pay operation and maintenance, extension and replacement and debt service associated with the stormwater and surface water management system.

Dwelling unit means a singular unit providing independent living facilities for one or more persons in a single-family, duplex, multifamily or condominium residential property.

Equivalent residential unit (ERU) means the average impervious area of residential developed property per dwelling unit located within the city as established by unified government ordinance as provided herein.

Equivalent residential unit rate or ERU rate means the amount of a drainage fee charged on each ERU as established by unified government ordinance as provided herein.

Exempt property means public rights-of-way, public streets, public alleys and public sidewalks.

Extension and replacement means costs of extensions, additions and capital improvements to, or the renewal and replacement of capital units of, or purchasing and installing of equipment for, the stormwater and surface water management system, or land acquisition and relocation costs for the stormwater and surface water management system and any related costs thereto, or paying extraordinary maintenance and repairs, including the costs of capital improvements or any other expense that is not costs of operation and maintenance or debt service.

Fiscal year means a 12-month period commencing on January 1 of any year.

Impervious area means the number of square feet of surface areas over which the open pore structure of the soil is covered, compacted or chemically sealed by human activity in a manner which either prevents or retards the entry of water into soil mantle, as it entered the unmodified soil with vegetative cover, and/or causes water to run off the surface in greater quantities or at an increased rate of flow than from the unmodified soil with vegetative cover. Impervious area will include, but is not limited to, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, athletic courts, and compacted dirt or graveled areas. For the purpose of calculating drainage fees, natural rock outcrops, permanent pools of water, gravel landscape mulch, gravel railroad track ballast, playground sand and riparian sand flats will not be included in the calculation of impervious area.

In lieu of franchise fee means a fee of not to exceed five percent of gross revenues of the utility that is imposed by the unified government commission and that is paid to the city for use of public streets, alleys, sidewalks, and other public rights-of-way from revenues as if the utility was a person, firm or corporation using public rights-of-way pursuant to K.S.A. 12-2001 et seq.

Nonresidential developed property means developed property other than residential developed property.

Operating budget means the annual stormwater and surface water utility operating budget adopted by the unified government for the succeeding fiscal year.

Operations and maintenance means without limitation the current expenses, paid or accrued, of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, equipment costs, in lieu of franchise fee payments, labor costs, and the cost of materials and supplies used for current operations.

Residential developed property means developed property used for dwelling units.

Revenues means all rates, fees, assessments, rentals, fines, penalties, interest, or other charges or other income received by the stormwater and surface water utility in connection with the ownership, management and operation of the stormwater and surface water management system, including amounts received from the investment or deposit of monies in any fund or account, as calculated in accordance with sound accounting practice.

Stormwater and surface water management system, sewer system or system means storm sewers that exist at the time the ordinance from which this article is derived is adopted or that are hereafter established and all appurtenances necessary in the maintaining and operating of the same, including, but not limited to, pumping stations, main sewers, intercepting sewers, lateral sewers, outfall sewers, surface drains, street, curb and alley improvements associated with stormwater or surface water improvements, natural and manmade wetlands, channels, ditches, rivers, streams, detention and retention ponds and basins and other flood control facilities and works for the collection, transportation, pumping, treatment, and disposing of stormwater or surface water and pollutants born or carried in such waters.

Stormwater and surface water utility or utility means the utility created by this article to operate, regulate, maintain and improve the stormwater and surface water management system and for such other purposes as are set forth in this article.

Stormwater customer means the person, partnership, corporation, public agency, or other entity who occupies, controls, possesses, owns, benefits from, or takes stewardship of any developed property and to whom drainage fees are billed as provided herein.

Unified government means the unified government of Wyandotte County/Kansas City, Kansas.

Unified government commission means the governing body of the unified government.

(Ord. No. O-56-08, § 1(30-324), 7-31-2008)