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HomeMy WebLinkAboutOrdinance 521 Stormwater Management Utility ORDINANCE NO. 521 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A STORMWATER MANAGEMENT UTILITY FOR THE CITY OF WINTER SPRINGS, FLORIDA: PROVIDING FOR ARTICLE V OF CHAPTER 19 STORMWATER MANAGEMENT UTILITY: PROVIDING FOR CERTAIN FINDINGS AND DETERMINATIONS: PROVIDING FOR A STORMWATER MANAGEMENT UT I LI TY FEE: PROVIDING FOR A SCHEDULE OF RATES: PROVIDING FOR BILLING, PAYMENT, PENALTIES AND ENFORCEMENT OF THE COLLECTION OF SUCH FEES; PROVIDING FOR A STORMWATER MANAGEMENT UTILITY FUND: PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, is to be responsible for the management of the existing stonmwater management system which has developed over a number of years for the purpose of collection, storage, treatment and conveyance of stormwater; and WHEREAS, the plan will identify a number of projects which are necessary for the improvement and extension of the existing system so that the collection, storage, treatment and conveyance of stonmwater within the City limits adequately protects the health, safety and welfare of the citizens of winter Springs, Florida: and WHEREAS, the state of Florida has adopted Stonmwater Management legislation which encourages proper management of stormwater runoff and water quality; and WHEREAS, pursuant to the Clean Water Act (33 USC 1251 et seq.), the Environmental Protection Agency has proposed rules for the management of stormwater outfalls: and WHEREAS, it is necessary and essential that the City address various environmental issues that will further increase the City's infrastructure requirements; and WHEREAS, Section 403.0893, Florida Statutes (1991) authorizes the City to adopt a stonmwater utility fee to fund the construction, operation, maintenance and administration of a public stonmwater management program: NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: It is found, declared and ordered by the City Commission as follows: A. The City 1S authorized by the Florida Constitution and the provisions of Chapter 166 and Section 403.0893, Florida Statutes, to construct, reconstruct, improve, and extend stonmwater systems to issue revenue bonds and incur other debts if needed to finance in whole or in part the cost of such systems and to establish just and equitable rates and assessments for services and facilities provided by the system. B. Those elements of the City stonmwater system which provide for the collection, storage, treatment and conveyance of stonmwater are of benefit and provide services to all Developed Property within the City. C. The cost of operating and maintaining of the stonmwater management system and the financing of existing and future necessary repairs, replacement, improvements, and extensions thereof should be allocated to the extent practicable in relationship to the benefits enjoyed and services received therefrom. D. Stonmwater management facilities which are designed, constructed and maintained in accordance with the applicable state and local regulations and for the purposes of stonmwater quality improvements are of benefit to and necessary for the public, health, safety and welfare. E. That Chapter 19 of the Code of Ordinances of the City of Winter Springs is amended by the Creation of Article V thereof, consisting of Sections 1 through 10 to read as follows: ART I CLE V. STORMWATER MANAGEMENT UT I L I TY SECTION - This Article V shall be known and may be cited as the "Stormwater Management utility" Article and the provisions hereof shall pertain to all lands within the City of winter Springs except as is otherwise herein provided. SECTION I I. Definitions - For the purpose of this Article, 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 pennissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use. A. "CITY" shall mean the City of Winter Springs. B. "DIRECTOR" shall mean the Director of the stormwater Management utility. C. "IMPERVIOUS AREA" means roofed and paved areas including, but not limited to, areas covered by roofs, roof extensions, slabs, patios, porches, driveways, sidewalks, parking areas, athletic courts/areas and roadways. 2 D. "DEVELOPED PROPERTY" shall mean any parcel which contains IMPERVIOUS AREA. E. "DWELLING UNIT" shall mean any single residential space identified for habitation by persons and including permanent provisions for living, sleeping, eating, cooking and sanitation or as classified by the City Building Code, including, but not limited to: residential roams or combination or roams designed to be occupied on a permanent or long-tenm basis not otherwise defined as a hotel or motel; apartment units; condominium units; multi-family units and prepared mobile home spaces. Multi-unit residential structures or complexes shall be deemed to consist of multiple dwelling units, regardless of whether or not such are served by a single water or sewer connection. Boarding houses and rooming houses as elsewhere defined in this Code shall constitute one equivalent single family residential unit. F. "RESIDENTIAL PROPERTY" shall mean any Developed Property which has the majority use as a residence and is so classified by the Seminole County Property Appraiser. G. "NON-RESIDENTIAL PROPERTY" shall mean Developed Property that is classified by the Property Appraiser as land use types 10 through 99 under the Florida Department of Revenue Land Use Codes, as may be amended from time to time, and shall be deemed to include, but not be limited to, donmitories, hospitals, nursing homes, sanitariums, recreational vehicle spaces, hotels and motels. Any property that contains both residential and non-residential facilities shall be treated as the type property that will result in the larger number of equivalent residential units (ERU's). H. "EQUIVALENT RESIDENTIAL UNIT (ERU)" shall mean the statistical average impervious area of Residential Developed Property per Dwelling Unit within the City. The numerical value of one ERU shall be an impervious area that shall be adopted by the City Commission in the Rate Resolution. I. "STORf"WATER MANAGEMENT SYSTEM" means the system by which the City manages and controls stonmwater within the City. The System includes management services such as designing, permitting, planning and reviewing stormwater related infrastructure; and the operation, maintenance, repair and replacement and improvement of said infrastructure consistent with the Capital Improvements and Stormwater Management Elements of the City's 3 Comprehensive Plan. J. "STORMWATER MANAGEMENT UTILITY FEE" means a non ad valorem assessment benefiting Developed Property parcels. SECTION I I I. STORMWATER MANAGEMENT UTILITY FEE CREATED. A. A Stormwater Management utility Fee (the "Fee"), is hereby created and imposed on all Developed Property within the City for services and facilities provided by the Stonmwater Management System. The Developed Property owner is responsible for payment of the Fee. For the purposes of imposing the Fee, all Developed Property within the City shall be classified either as: (1) Residential Developed Property; or (2) Non-Residential Developed Property. B. The City Manager or his designee shall obtain a list each year fram the Seminole County Property Appraiser of property within the City and shall assign each parcel a classification of Residential Developed Property or Non-Residential Developed Property. SECTION IV. SCHEDULE OF RATES. A. The Stormwater Management Utility Fee shall be adopted by resolution (the "Rate Resolution"), and shall be calculated for each Developed Property as follows: (1) The Fee for Residential Developed Property is the rate for one ERU multiplied by the number of Dwelling Units existing on the property. That is, Fee = ERU x number of Dwelling Units. (2) The Fee for Non-Residential Property is the rate for one ERU multiplied by the numerical factor. The numerical .factor is obtained by dividing the total impervious area in square feet of the Non-Residential Property by the square footage for one ERU as set forth in the Rate Resolution. The resulting calculation is, Fee = ERU rate x (parcel impervious area expressed in square feet/the square footage for one ERU). B. The minimum Fee for Developed Property, whether Residential or Non-Residential, is equal to the rate for one ERU, subject to reduction as set forth in sub-paragraph C below. C. Facility Credit. (1) In order to encourage the improvement of the quality of stonmwater runoff, a reduction in the Stonmwater Management Utility Fee is 4 authorized for those developed properties which have a stormwater management facility designed and constructed for the purpose of stormwater pollution reduction. (2) A reduction in the Fee is allowed for a particular Developed Property only if the stonmwater runoff from the property is treated by a stormwater management facility that has been designed, constructed and is maintained properly for the purpose of stonmwater pollution reduction. If it is detenmined by the Director that the stonmwater management facility has not been, or is not currently being, properly maintained as designed, the Director may disallow the On-Site Stormwater Quality Management Facility Credit. (3) For applicable properties as detenmined by the Director, the Fee shall be reduced by twenty-five (25%) percent. The reduced fee will, therefore, be calculated as the Fee pursuant to the Rate Resolution multiplied by the factor of 0.75 (fee x 0.75). SECTION V. BILLING, PAYMENT, PENALTIES AND ENFORCEMENT. A. Statements for the Stormwater Management utility Fee shall be rendered monthly in accordance with a monthly billing cycle administered by the City for all properties subject to the Fee. Only Developed Property shall be subject to the Fee. B. The Stormwater Management utility Fee is for services furnished to the Developed Property and the Fee therefore must be paid by the property owner. If the property is tenant-occupied, the property owner may request that the City bill the tenant for such Fee. Such instructions shall be in writing. If the property is tenant-occupied and the tenant is to be billed for such Fee, any delinquent Fee shall be charged against any utility deposit then held by the City. If the tenant fails to pay the Fee, the property owner shall remain liable for the Fee. C. Any Fee remaining unpaid on a Developed Property for ninety (90) days shall constitute a lien in favor of the City against said property, and the City Attorney is authorized and directed to record a lien for such unpaid Fee in the Public Records of Seminole County, Florida. Such lien shall be superior in dignity to any encumbrances on the said property, whether occurring prior to or subsequent to such lien being recorded, except for tax liens, and may be foreclosed by the City as provided by law. 5 D. Statements for the Stormwater Management utility Fee shall be payable at the same time and in the same manner and subject to the same penalties as they are otherwise set forth for other utility fees administered by the City. The property owner will be notified of any delinquency in the payment of the Stonmwater Management utility Fee in the same manner that delinquent water and sewer bills are notified, and the failure to pay such fee as is otherwise provided in the statement shall subject the property to the discontinuance of water and sewer services and shall subject the owner of the Developed Property to all other penalties and charges available under the law relative to the discontinuance of such utility services. E. The owner of Developed Property that is not served by City water and sewer shall be required to pay the City a Stonmwater Management utility Fee Deposit in an amount equivalent to one year of Fees for his property. The Deposit may be adjusted in accordance with any applicable Fee credit as provided for herein. If said owner fails to pay this Fee according to statement as provided herein, then a prorata share of the Deposit shall be deducted to compensate for the delinquent fee. The property owner will be required to reestablish the Deposit to the appropriate monetary sum equivalent to one year of utility fees. F. The administrative appeal and hearing procedure applicable to the discontinuance of utility services shall be applicable to the discontinuance of utility services shall be applicable to the discontinuance of such services for the non-payment of the Stormwater Management utility Fee. SECTION VI. ADJUSTMENT OF FEES. A. Any owner, tenant or occupant who has paid the Fee assessed against his property and who believes that the Fee is in error may, subject to the limitations set forth in this Section, submit an adjustment request to the City Manager. (1) Adjustment requests shall be made in writing and shall set forth in detail the grounds upon which the request is made. (2) The City Manager shall review the adjustment request within ninety (90) days of the submittal of the request and shall respond in writing to the applicant, either denying or granting the request with the 6 reasons therefore stated in such response. (3) The rate adjustment, if granted, will apply retroactively to the date on which the erroneous infonmation was applied to the applicant's Fee, but not to exceed one (1) year prior to the adjustment request. (4) If this adjustment request is denied, the applicant may, within thirty (30) days of the receipt of the denial, petition for a review of the adjustment request by the City Commission. The City Commission shall review the adjustment request in accordance with the provisions set forth in this ordinance as well as the evidence provided in the original adjustment request and supplemental evidence requested by the City Manager or provided by the applicant prior to the decision made by the City Manager. Within sixty (60) days after applicant files the petition, the City Commission shall, in writing, either grant or deny the petition. If the petition is granted, the City Manager will apply the adjustment to the Fee for the requesting customer for the retroactive period identified by the City Commission. If the petition is denied, the petitioner may appeal to Circuit Court, provided said appeal is filed within thirty (30) days after the Commission renders its decision. B. The City Manager, upon discovering an error or oversight in the calculation of the Fee, may initiate an adjustment request. The request must be made in writing documenting the reasons for the adjustment. In the event that the adjustment would require an increase in the Fee, the City Manager must provide the adjustment request to the affected Fee payer thirty (30) days prior to adjusting the fee and offer the Fee payer an opportunity within the stated thirty (30) days to request an adjustment pursuant to the provisions of Section VI A. above. An increase or decrease in fee shall not be retroactively effective more than one (1) year from the date of adjustment. SECTION VI I. STORMWATER MANAGEMENT UTILITY FUND. A. There shall be established a Stormwater Management Utility Fund (the "Fund")for the deposit of all Fees collected pursuant to this Article. The Fund shall be used exclusively to pay for costs associated with the Stormwater Management System, including, but not limited to: (1) Operation and maintenance of Stormwater Management 7 Facilities under the jurisdiction of the City; (2) Costs for the evaluation of stonmwater Management Facilities under the jurisdiction of the City; (3) Administrative costs related to the management of stonmwater Management System; (4) Management services such as permit review and planning and development review related to the Stonmwater Management System; and (5) Debt service financing of capital improvements related to the stonmwater Management System. SECTION VI I L - SEVERABILITY. If any part of this Ordinance is declared invalid by a court of competent jurisdiction, such a declaration shall not invalidate or impair the validity, force or effect of any other part of this Ordinance. SECTION IX - CONFLICTS. All Ordinances or parts of Ordinances in conflict herewith are hereby superceded to the extent of said conflict. SECTION X - EFFECTIVE DATE. This Ordinance shall take effect upon its adoption. Assessment of fees hereunder shall begin as of Oct. / / 99~ ~ Passed and adopted this 27th day of .I1I1 Y ,'1992. S RINGS, FLORIDA :J:"-<:.--c--e<~ ULBES, MAYOR ATTEST: h-z-~ -r; 'June CITY ERK First Reading June 8, 1992 Posted June 29, 1992 Public Hearing and Second Reading July 27. 1992 8 RESOLUTION NO. 687 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING THE MONTHLY FEE TO BE PAID FOR A STORMWATER MANAGEMENT UTILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, has determined the need to establish a monthly stormwater management utility fee to support and finance the activities of the stormwater management utility. WHEREAS, the City Commission of Winter Springs, Florida has by adoption of Ordinance No. 521 directed that it is necessary to set stormwater management utility fee rates by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I -The following fee rate is adopted as being the official fee for one Equivalent Residential Unit (ERU) which is $2.04 per month. SECTION II This Resolution shall remain in force and effect until supplemented, amended, repealed or otherwise altered. SECTION Ill - All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. SECTION IV- This Resolution shall take immediate effect upon the passage and approval. Passed and adopted this 28th day of Sept., 1992 --------------------------- 'lheUrlando Sentinel Published Daily $53.06 Afflant fyrtl,.,. says thai the said Orlando Sentinei is a newspaper pub;;shed at CAS~ELBERRY ,~s~d ~EMINOLE County, Florida, and that the said newspaper has heretofore been conftnuousiy published tn said-E. O' E County, Florida, each Week DaJ'~ng t}as been entered as second-class mail matter at the post office in CASSeLbERRY in said SEMI NOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of adverftsement; and affiant furthe' says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (\ NOTICE OF PUBUC HEARING CI1Y OF WINTER SPRINGS, FLORIDA NoTICE IS HEREBY GIVEN by tile city commission of the ~ilY of W,inter Serings. Florida.. \h8I &aid COmmlSS'O~ w,lI hOld a publIC hearing on an ord" nance ~~I~~' 521 ' AN oRQINANCE OF THE CI1Y oF WINTER sPRINGS. FLORIDA, ES- TABLISHING A S'TORMWATER ~EMENT UTIUTY FOR THE , CITY OF WINTER SPRiNGS. FLOR- IDA' PROVIDING FOR ARTICLE V OF'CHAPTER 19 STORMWATER MANAGEMENT UTILITY; PROVID- ING FOR CEl'\TAlN FINDINGS AND DETERMINATIONS: PROVIDING FOR A STORMWA'TER MANAGE- MENT UTILITY FEE; PROVIDING FOR A SCHEDULE OF RATES; PROVIDING FOR BILLING. PAY' MENT. PENALlTIES AND EN. FORCEMENT OF THE COLLEC, TlON OF ,SUCH FEES: PROVIDING FOR A GE. ~5~T T~ n:~ .. .. .. .7:30 :~".,.c~ '~ill tile' ...~ are av8\IebIB In .tIle ill tile City CIeri< for i~on, lntef!'5ted ~r:-~~ ::-~:~ordinance, persons are 8dvIa8d 1hal. if theY cIeCid;8 to 8pPea! 8I'tf ~. made at \hiS meating. theY w\II need. a reoord 91 tile ~Ings and tor!llJCh pu~ theY rn8'I need to ~ lhat a -.........: re- coicl of tile ~~ IS made ~ ~~~~lSto~ baaed per SectlOnll8 286~ Florida ~~~~~R~NGS, FLORIDA Is! M8f'1 T. NoJ\OI'I M8f'1 T. NOrtOII ~~ CIeri< JuI,5,1~ ~tatt ot jflottba} 5.5. COUNTY OF ORANGE Before the undarsia.ned authority personally appeared 'ruesda c. '1..eav~t1:. ' who on oath says that he/she is the Legal Advertisinjl Representative of The Or1ando Sentinel, a dally newsQaper pub;;shed at CA5~El-ilER"Y in SEI"lNOLE ~ counttFIOrida; that the attached copy of advertisemeDt.1,.Qeing a NOT Ie OF PUB Ie ti. inthematterof ORDINANCE ~::SCJi :; ~ in the S Eli IN OLE Court, was pub;;shed in said newspape' in the issue; of ~71 05/ "I c ri -= (SEAL) Juanita Rosado Notur; P ',.. Slate of Florida 94 My CO"> olin exUlres June 18, 19 commission # CC022902 --.----.-...-.....--. -...~ , .r-" RESOLUTION NO. 687 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING THE MONTHLY FEE TO BE PAID FOR A STORMWATER MANAGEMENT UTILITY; CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, has detenmined the need to establish a monthly stonmwater management utility fee to support and finance the activities of the stormwater management ut i lity. WHEREAS, the City Commission of Winter Springs, Florida has by adoption of Ordinance No. 521 directed that it is necessary to set stonmwater management utility fee rates by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: ~~9I.l9l.J_-L The following fee rate is adopted as being the official fee for one Equivalent Residential Unit (ERU) which is $2.04 per month. ,~ECI10N_tl - This Resolution shall remain in force and effect until supplemented, amended, repealed or otherwise altered. ~EQTJ_Q~ - All Resolutions or parts of Resolutions in conflict with this Resolution are hereby repealed. SECTION--LY- - This Resolution shall take immediate effect upon the passage and approval. Passed and adopted this ~_~_ day of #-'____, 1992 ," 1 ~ WINT:!~INGS' FLORIDA PHif~~-'~ ATTEST: ~f-lMt::--- ,- ? April 27, 1992 To: City Manager ~ Engineer \ f From: City Subj: Suggested Methods of Billing for Proposed Stormwater Management Utility 1) Monthly Billing as part of the Water and Sewer Bill; those areas not served by City water and sewer, separate billing would be provided. a) The bulk of the billing would be attached to an existing billing system, ie, Water and Sewer Bill. b) Only a small segment of home owners would require separate billing. Enforcement would be a reduction in a deposit that would have to be replenished later. 2) The City establish a separate billing system. The City does have a data base of all property owners. a) The Utility would have to administer the billing and collection and the enforcement of collection and maintain the changes and up dating of the property owners. b) The City would not lose revenue due to discounts or county administrative costs. 3) Have the billing be done by the county tax collector. a) Part of the fee would be retained by the Tax Collector for administrative costs. There would be a revenue cost to the City. b) If fees were paid early beginning in November, then the fee would be discounted 4%, 3% etc. each month there would be a revenue loss to the city. c) The Utility would only receive monies when the tax collector received the money during the tax collecting season. d) Total collection would be done by the County and then distributed to the City. /nav cc: Finance Director -" June 1, 1992 TO: City Manager FROM: City Engineer SUBJECT: Proposed Stormwater Utility Fee STORMWATER 0 & M Pond Maintenance Manpower - 21 x $334.80 / pond Chemical & Material Costs/pond (Public Ponds) Manhours to Maintain Private Ponds 2600 x 8.37/hr. Chemicals Private Ponds Inlets - Materials Man Hours Inlet Devices 4000 MH at 8.37 Administrative Cost Exp. SUBTOTAL Cost of stonmwater study TOTAL 14.72';' 12 = 1.23/rro/ERU 190,610';' 7853.3(single family residences) = 24.2713 24,2713';' 121m. = $2.~rro/ERU .f1 $ 7,030.80 5,192.72 21,762.00 16,072.00 7,824.00 33,480.00 24,250.00 115,610.00 75,000.00 190,610.00 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 AGENDA WORKSHOP MEETING CITY COMMISSION - CITY OF WINTER SPRINGS MONDAY, JUNE 15, 1992 - 7:00 P. M. 1. Call to order 2. Roll Call 3. Personnel/Manning 4. Merit 5. Stormwater Utility 6. Adjournment PERSONS ARE ADVISED THAT IF THEY DECIDE TO APPEAL ANY DECISIONS MADE AT THESE MEETINGS/HEARINGS THEY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED PER SECTION 286.0105 FLORIDA STATUTES.