§ 9-211. Definitions.

When used in this article, the following terms shall have the meanings set forth below, unless the context clearly requires otherwise. Application of the definitions provided in this article or any initial stormwater assessment resolution, final stormwater assessment resolution or annual stormwater assessment resolution shall be limited to the instrument in which they appear or are specifically incorporated by reference.

Annual stormwater assessment resolution means the resolution described in section 9-222 hereof, approving the stormwater assessment roll for a specific fiscal year.

Board means the Board of County Commissioners of Osceola County, Florida.

County means Osceola County, a charter county and political subdivision of the State of Florida.

Developed property means property that includes impervious area, excluding federal, state, county and municipal road systems.

ERU means equivalent runoff unit, the standard unit to be used in calculating the stormwater burden expected to be generated by the impervious area of developed property.

Final stormwater assessment resolution means the resolution described in section 9-221 hereof, which shall confirm, modify or repeal the initial stormwater assessment resolution and which shall be the final proceeding for the imposition of a stormwater assessment.

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

General stormwater management services means:

(1)

Management and administration of the county's stormwater management program within the stormwater service area, including compliance with the County's National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit;

(2)

Operation and maintenance of the county's capital facilities for stormwater management within the stormwater service area, including extraordinary maintenance; and

(3)

Legal, engineering and other consultant services relating to the foregoing services. Notwithstanding the foregoing, "stormwater management services" shall not include the cost to maintain the stormwater conveyance portion of federal, state, county and municipal road systems.

General stormwater management cost means the estimated amount for any fiscal year of all expenditures and reasonable reserves that are properly attributable to general stormwater management services provided within the stormwater service area under generally accepted accounting principles.

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

Initial stormwater assessment resolution means the resolution described in section 9-217 hereof, which shall be the initial proceeding for the imposition of the stormwater assessment.

Ordinance means this Stormwater Assessment Ordinance.

Property appraiser means the Osceola County Property Appraiser.

Resolution of intent means the resolution required by the Uniform Assessment Collection Act to express the board's intent to collect assessments on the ad valorem tax bill.

Special assessment coordinator means the person designated by the county to be responsible for managing special assessments, or such person's designee.

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

Stormwater assessment means an annual special assessment imposed upon each benefitted parcel within the stormwater service area to fund general stormwater management services and, if applicable, subdivision facilities maintenance services.

Stormwater assessment roll means the special assessment roll relating to stormwater assessments, approved by a Final Stormwater Assessment Resolution or an Annual Stormwater Assessment Resolution pursuant to sections 9-221 or 9-222 hereof.

Stormwater management program means the entity designated by section 9-214 hereof to implement the county's stormwater management program.

Stormwater manager means the county's stormwater manager or such person's designee.

Stormwater management facilities means facilities which are designed and constructed or implemented to control stormwater, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or reduce flooding, over drainage, environmental degradation and water pollution or otherwise affect the quantity and quality of discharges from the facilities.

Stormwater service area means the geographic area described in the Initial Stormwater Assessment Resolution that encompasses all parcels within the county which specially benefit from general stormwater management services and, in portions of such area, subdivision facilities maintenance services.

Subdivision facilities maintenance cost means the estimated amount for any fiscal year of all expenditures and reasonable reserves that are properly attributable to subdivision facilities maintenance services provided within the stormwater service area under generally accepted accounting principles.

Subdivision facilities maintenance services means inspection, operation and maintenance of stormwater management facilities that have been dedicated or conveyed to the county for maintenance including, but not limited to, structure maintenance, mowing and aquatic weed control.

Tax collector means the Osceola 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.

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.

(Ord. No. 09-13, § 1.01, 6-15-09)