§ 2-10-54. Definitions.

The following words, when used herein, shall have the meanings indicated, unless the context indicates otherwise:

Act shall have the meaning set forth in section 2-10-51 hereof.

Benefited area shall mean such designated areas within or without the geographical boundaries of the county as shall be determined by subsequent proceedings of the board in accordance with applicable law.

Department shall mean the public works department or such other department or division within the county's jurisdiction and having cognizance over the system and matters relating to the use, management, operation and maintenance of the system.

Director shall mean the director of the department or his designee.

Existing facilities shall mean the county's stormwater facilities existing at the time of the enactment of this article.

Stormwater management assessment shall mean a non-ad valorem assessment authorized to be imposed by the county pursuant to this article and Section 403.0893, Florida Statutes, as amended and supplemented, on all non-exempt property in the benefited area in relation to each such property's estimated contribution of stormwater runoff to the system and the benefit derived from the use of the facilities of the system, and the future improvements to be funded form stormwater management assessments. Such stormwater management assessment shall include a pro rata cost of the operation and maintenance of the system, based on the same proportion of benefit assessed against each parcel within the benefited area.

Stormwater utility fee shall mean the user fee authorized to be imposed by the county pursuant to this article and Section 403.0893, Florida Statutes, as amended and supplemented, on users (other than non-exempt users) of the system in an amount relating to the benefit derived from the use of the facilities of the system, and the future improvements to be funded from the stormwater utility fees. Such stormwater utility fees shall include a pro rata cost of the operation and maintenance of the system, based on the same proportion of benefit derived from the use of the facilities of the system.

System shall mean the county's unified stormwater management system, as more particularly described in section 2-10-53(2) and created pursuant to section 2-10-55 hereof, and including management services such as designing, permitting, planning, and reviewing stormwater-related infrastructure; operation, management, repair and replacement of the infrastructure; and the improvement or enhancement of the infrastructure related to the public facilities elements of the comprehensive growth management plan for the county.

Year shall mean the county's fiscal year commencing on October 1 and continuing to and including the next succeeding September 30, or such other annual period as may be prescribed by law.

Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. The word "person" shall include corporations, associations, natural persons and public bodies unless the context shall otherwise indicate. Reference to a person other than a natural person shall include its successors. The terms "exempt property," "non-exempt property," "exempt user" and "non-exempt user" shall be defined by applicable law and by subsequent proceedings by the board to the extent not inconsistent with applicable law.

(Ord. No. 91-25, § 4, 1-15-91)