HomeMy Public PortalAbout1783 StormwaterORDINANCE NO. 1783
AN ORDINANCE OF THE CITY OF CRESTVIEW,
FLORIDA RELATING TO STORMWATER
MANAGEMENT; PROVIDING FOR A STORMWATER
UTILITY; SPECIFYING TERMS AND PROCEDURES FOR
SAID UTILITY; PROVIDING FOR RATES AND CHARGES;
PROVIDING FOR AUTHORITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Crestview, Florida, desires to develop a Stormwater Utility to
finance the operation, construction, and maintenance of stormwater devices (now existing or to
be constructed); for stormwater system planning; for review of development plans for compliance
with stormwater management codes; and for bay, spring, and river quality management;
WHEREAS, Section 403.0893, Florida Statutes, authorizes the City to establish one or
more stormwater utilities and adopt stormwater utility fees or assessments sufficient to plan,
construct, operate, and maintain stonnwater management throughout the City, and to establish
and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate,
and maintain stormwater management systems throughout the City;
WHEREAS, Section 403.0893(3), Florida Statutes, authorizes the City to create, alone or
in cooperation with the other counties, municipalities, and special districts, one or more
stormwater management system benefit areas within Okaloosa County, Florida, and specifically
providing all property owners within the benefit areas may be assessed a Stormwater Utility fee
or assessment to fund the planning, construction, operation, maintenance, and administration of a
public stormwater management system for the benefited area;
WHEREAS, Section 403.0893(3), Florida Statues, further provides the fees to be assessed
within stormwater management system benefit areas shall be calculated to generate sufficient
funds to plan, construct, operate, and maintain stormwater management systems, and authorizes
the City to utilize the non -ad valorem levy, collection, and enforcement methods provided for in
Chapter 197, Florida Statutes;
WHEREAS, the City is responsible for the maintenance and expansion of its existing
stormwater system which has been developed over a number of years for the purpose of collecting
and disposing of stormwater;
WHEREAS, stormwater facilities, including but not limited to earthen works such as lakes,
dams and ditches within the City have been and remain an integral part of traditional stormwater
management and continued maintenance programs are necessary to preserve water quality in and
around the City;
WHEREAS, the City has concluded that it is necessary and essential to continue to
construct improvements and extensions to the existing system to ensure that the collection and
disposal of stormwater within the City adequately protects the health, safety, and welfare of the
citizens of the City of Lakeland;
WHEREAS, the cost of operating and maintaining all stormwater management systems,
and the financing of existing and future necessary repairs, replacements, improvements, and
extensions thereof, should to the extent practicable, be allocated in relationship to the benefits
enjoyed and services received therefrom; and
WHEREAS, the City has concluded that creation of a stormwater management system and
continued construction of improvements and extensions to the existing system, together with the
adoption of this Ordinance to ensure that the collection and disposal of stormwater within the City
and stormwater management system benefit areas during the coming fiscal year, under the terms,
conditions, and criteria set forth herein, is necessary to protect the health, safety, and welfare of
the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CRESTVIEW, FLORIDA:
SECTION 1 - FINDINGS AND PURPOSE OF UTILITY.
(1) Findings of Ordinance. The foregoing findings are incorporated herein by reference and
made a part hereof. The City further finds uncontrolled drainage and development of land has a
significant adverse impact upon the health, safety, and welfare of the Crestview community.
Further, the City of Crestview finds as follows:
a. Stormwater runoff is capable of carrying pollutants into receiving bodies, thereby
degrading water quality;
b. The increase in nutrients, such as phosphorous and nitrogen, resulting from
stormwater runoff accelerates eutrophication of receiving water bodies and
adversely affecting flora and fauna;
c. Improperly channeling water increases the velocity of stormwater runoff and
increases erosion and sedimentation;
d. Construction requiring the alteration of natural topography and removal of
vegetation tends to increase erosion;
e. Siltation of water bodies resulting from increased erosion decreases the capacity of
water bodies to hold and transport water, interferes with navigation, and harms flora
and fauna;
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f. Impervious surfaces increase the volume and rate of stormwater ninoff and allow
less water to percolate into the soil, thereby decreasing groundwater recharge;
Improperly managed stormwater runoff may increase the incidence and intensity of
flooding, which endangers property and human welfare;
h. Improperly managed stormwater runoff may interfere with the maintenance of river
quality and disrupt biological productivity;
g.
J.
Substantial economic losses may result from adverse impacts upon the waters of
the Shoal River and Yellow River ecosystems;
The City maintains a system of storm and surface water management facilities
including, but not limited to, conduits, manholes, channels, ditches, drainage
easements, retention and detention basins, infiltration facilities, and other
components as well as natural waterways;
k. The stormwater system in the City needs regular maintenance and improvements;
1. All real property in the City either uses or benefits from the maintenance of the
existing stormwater system and enhancements thereto;
m. The extent of use of the stormwater system by each property depends upon factors,
such as land use and the amount of impervious surface on the property, which
influence runoff;
The costs of improving, maintaining, operating, and monitoring the stormwater
system should be allocated, to the extent practicable, to all property owners based
in part on the impact of runoff from the impervious areas of their property on the
system;
o. Management of the system to protect the public health, safety, and welfare requires
adequate revenues, and it is in the interest of the public to finance stormwater
management adequately with a reasonable and equitable user charge system so each
user of the system pays to the extent to which the user contributes to the need for
the system.
(2) Purpose of Ordinance. The purpose of this ordinance is to protect, maintain, and enhance
the immediate and long-term health, safety, and general welfare of the citizens of the City. In order
to effectuate this purpose, this ordinance has the following objectives:
a. To establish a Stormwater Management Program in the City that is mutually
compatible with those developed by the Florida Department of Environmental
Protection, the Northwest Florida Water Management District, and other local
governmental entities;
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b. To develop a Stormwater Management Program which is responsible for the
construction, operation, and maintenance of stormwater devices; for stormwater
system planning; for review of development plans for compliance with stormwater
management codes; and for river quality management;
c. To create one or more stormwater management system benefit areas and adopt
Stormwater Utility fees sufficient to plan, construct, operate, and maintain
stormwater management systems throughout the City;
d. To encourage productive and enjoyable harmony betweenhumanity and nature;
e. To protect, restore, and maintain the chemical, physical, and biological integrity
of community waters;
f. To prevent individuals, business organizations, and governments from causing
harm to the commrmity by activities which adversely affect water resources;
g.
To encourage the construction of drainage systems which aesthetically and
functionally approximate natural systems;
h. To encourage the protection of natural systems, and the use of those systems in
ways not impairing their beneficial functioning;
i. To encourage the use of drainage systems which consume minimal electrical energy
and petroleum fuels when operating;
j. To minimize the transport of pollutants to community waters;
k. To maintain or restore groundwater levels;
1. To minimize erosion and sedimentation;
m. To prevent damage from flooding, while recognizing that natural fluctuations in
water levels are beneficial;
n. To protect, restore, and maintain the habitat of fish and wildlife; and
o. To seek interlocal agreements with the various governmental entities located within
the Shoal and Yellow River watersheds to ensure cooperative efforts toward joint
development of compatible and efficient stormwater management programs.
SECTION 2 - DEI+INITIONS FOR UTILITY.
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
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different meaning. Words not defined in this section shall be construed to have the
meaning given by common and ordinary use as defined by the latest edition of Webster's
Dictionary.
Benefit Area means the geographic area within the municipality, as determined by the
Director, within which customers are subject to the Fee and benefit from the System.
Property located within the Benefit Area may remain subject to flooding and other adverse
stormwater impacts.
Bonds means revenue bonds, notes, loans or any other debt obligations issued or incurred
to finance the Program.
Customer means any person located in the Benefit Area who owns, leases, or otherwise
is responsible for payment of the Fee charged to a property. A person owning, leasing,
or otherwise responsible for a property not containing Impervious Surface is not a
customer.
Debt Service means, with respect to any particular fiscal year and any particular series of
Bonds, an amount equal to the sum of all interest payable on such Bonds during such
fiscal year plus any principal installments of such Bonds during such fiscal year.
Developed Property means real property which has been altered from its original state by
the addition of any improvements, such as a building, structure, or impervious surface.
For new construction, property shall be considered developed pursuant to this Ordinance
(a) upon issuance of a certificate of occupancy, or upon completion of construction or
final inspection if no such certificate is issued; or (b) if construction is at least 50 percent
complete and construction is halted for a period of three (3) months.
Director means the director of Department of Public Services.
Dwelling Unit means a single unit or apartment providing complete, independent living
facilities for one or more persons, including permanent provisions for living, sleeping,
eating, cooking, and sanitation.
Equivalent Residential Unit or ERUmeans the assigned unit of square footage of Impervious
Surface Area of a detached single-family residential property located within the City and
as established in Exhibit A hereto, as amended or modified from time to time by resolution
of the City Council..
ERU Rate means any portion of the Utility Fee charged per ERU, as established in Exhibit
A and as amended or modified from time to time by resolution of the City Council.
Fee, Stormwater Utility Fee, or Utility Fee means the monetary charge established under this
ordinance, levied on owners or users of parcels or pieces of real property in the system
benefit area, and being sufficient to fund, construct, operate, and maintain the stormwater
management system. The Director shall base the Fee upon the equitable unit cost approach
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and design the funding to generate capital to retrofit existing stormwater management
systems, build new treatment systems, operate facilities, and maintain and service debt.
The stormwater utility fee is in addition to any other fee the municipality has the right to
charge under any other rule or regulation of the municipality. The Fee is established to
fund all or a portion of the Operating Budget.
Impervious Surface means a human -made surface compacted or covered with material
resistant to infiltration by water and impeding or restricting percolation of surface water
into the soil. Impervious surfaces include but are not limited to: most conventionally -
surfaced streets, roofs, roof extensions, sidewalks, patios, driveways, parking lots, oiled,
graveled, graded, or compacted surfaces, porches, sidewalks, parking areas and athletic
courts, and semi -impervious areas, such as compacted clay and pavers.
Impervious Surface Area means the number of square feet of horizontal surface covered by
impervious surfaces. Measurements to determine impervious surface area should be made
between exterior or outermost portions of the impervious surface.
Levy means the imposition and collection of a non -ad valorem assessment, stated in terms
of rates, against all appropriately located property by a governmental body authorized by
law to impose non -ad valorem assessments.
Operating Budget means the annual Utility operating budget adopted by the City for one
Fiscal Year.
Operation and Maintenance means the current expenses, paid or accrued, of
operations, maintenance, and current repair of the system, as calculated in accordance with
sound accounting practice, and includes, but is not limited to, insurance premiums,
administrative expenses, labor, executive compensation, materials and supplies costs for
current operations, and charges for the accumulation of appropriate reserves for current
expenses not annually incurred, but which may reasonably be expected to incur in
accordance with sound accounting practice.
Person means a natural or artificial person (such as a corporation) recognized by law to
have the rights and duties of a human being. Person means the state or any agency or
institution thereof, the United States or any agency or institution thereof, or any
municipality, political subdivision, public or private corporation, individual, partnership,
association, or other entity and includes any officer or governing or managing body of
the state, the United States, any agency, any municipality, political subdivision, or public
or private corporation.
Property Owner includes any person who has the right to possess, use, and convey title of
real property. Property owner may include a tenant, if chargeable under tenant's lease for
the maintenance of the subject real property, and any agent of the owner or tenant,
including the developer.
Residential Utility Customer means a Stormwater Utility Customer who lives in a dwelling
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unit. Residential Utility Customer does not include the place where a corporation or other
enterprise conducts or is authorized to conduct business.
Revenue means all rates, fees, assessments, rentals or other charges or other income
received by the Utility, in connection with the management and operation of the System,
including amounts received from the investment or deposit of moneys in any fund or
account and any amounts contributed by the City, all as calculated in accordance with
sound accounting practice.
Single Family Residence means a developed property, which serves the primary purpose of
providing a permanent dwelling unit to a single family. A single family detached dwelling
or a Townhouse containing an accessory apartment, or second dwelling unit is included iu
this definition.
Stormwater means the flow of water which results from a precipitation event and includes,
but is not limited to, stormwater runoff, surface runoff, street wash, waters related to
street cleaning or maintenance, and drainage.
Stormwater Management Program means the comprehensive strategies for dealing with
stormwater quantity and quality issues. Stormwater management includes, but is not
limited to, the planning, design, construction, regulation, improvement, repair,
maintenance, and operation of facilities and programs relating to water, floodplains, flood
control, grading, erosion, tree conservation, and sediment control.
Stormwater Management Fund, Enterprise Fund, or Fund means the fees, special
assessments, and other revenue collected by the Director exclusively to fund the planning,
construction, operation, and maintenance of the city's stormwater management system.
Stormwater Management System means a system which is designed, constructed, or
implemented to control discharges caused by precipitation events and incorporates
methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or
reduce flooding, over drainage, environmental degradation, and water pollution, or
otherwise affect the quantity and quality of discharges from the system.
Stormwater Utility or Utility means the funding of a Program by assessing to the
beneficiaries the cost of the program based on their relative contribution to its need. The
Stormwater Utility operates as a typical utility, which bills services regularly, similar to
water and wastewater services.
Stormwater Utility Customer means a person to whom the Utility Fee is assigned and billed.
User means the owner of record of property or other party subject to the Utility Fee
imposed by this ordinance.
SECTION 4 - CREATION OF UTILITY.
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(1) Establishment of Utility. Pursuant to the home rule power of Article V III, Section 2(b) of
the Florida Constitution, Florida Statutes Chapter 166, as amended, and Florida Statutes
Sections 403.0891 and 403.0893, as amended, the City of Crestview hereby establishes a
stormwater management utility. The Director of the utility shall be responsible for the City's
stormwater management program and system and for all activities and facilities necessary
to provide control of stormwater quantity and quality in the City.
(2) Powers and Duties of Director. The Director shall administer the stormwater management
program. The Director may take any reasonable measures necessary to administer the stormwater
management program, including, but not limited to:
a. Charge a Fee to customers within the Benefit Area;
b. Prepare necessary regulations to implement the ordinance, forward the
regulations to the city council for consideration and adoption, and adopt any
procedures required to implement the regulations or carry out other responsibilities
for the effective administration of the System;
c. Administer the acquisition, design, construction, maintenance, and operation of the
System, including capital improvements designated in the stormwater management
plan;
d. Administer, interpret, and enforce this ordinance and all regulations and procedures
adopted relating to the design, construction, maintenance, operation, and alteration of
the system, including but not limited to the quantity, quality, and/or velocity of
the stormwater conveyed;
e. Inspect private systems as necessary to determine the compliance of such systems
with this ordinance and any regulations adopted under this division;
f. Advise the City Council, City Manager, and other City departments on
matters relating to the system;
g.
Prepare and revise a comprehensive stormwater management program for adoption
by the city council at least every five years;
h. Review, inspect, approve, and deny plans for extensions to the system;
i. Establish and enforce regulations to protect and maintain water quality within the
system in compliance with established federal, state, and local water
quality standards as adopted or amended;
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Ensure an adequate and stable Fee to achieve a stable financial position for the
system by analyzing and amending:
i. the cost of services and benefits provided;
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ii. the system and structure of the stormwater management assessments and
other fees, charges, fines, and revenues of the system; and
iii. any other factors relevant to maintaining a stable financial position; and
k. Seek any grant capable of funding capital improvements for stormwater
management.
SECTION 5 — ESTABLISHMENT OF EQUIVALENT RESIDENTIAL UNIT AND RATE.
(1) Establishment of the Equivalent Residential Unit. For purposes of calculating the rates to
be charged, the City establishes the equivalent residential unit (ERU) as set forth in Exhibit A.
(2) Determination of ERU. The Director, considering the general acceptance and use by other
stormwater systems of a source and the reliability and general accuracy of the source, may
determine the source of data from which to determine the ERU. Using the property tax assessor's
rolls, site examination, mapping information, aerial photographs, and other reliable information'
the Director shall determine the ERU to apply to all non-exempt property within the benefit area,
which determination shall be made not more frequently than annually and the City Council may
thereafter adopt such determination.
(3) ERU Rate. The City Council hereby authorizes the imposition of Fees on Developed
Property within the City, in the amounts set forth in Exhibit A attached hereto, which may be
amended from time to time by resolution of the City Council on recommendation of the Director.
(4) Multiple ERUs. Commercial, Industrial and Institutional zonings may be responsible for
multiple ERU fees. Exhibit A, as amended from time to time by resolution of the City Council,
sets forth the current ERU fees.
SECTION 6 - IMPLEMENTATION OF FEE.
(1) Imposition of Fee. The Director shall impose on all non-exempt properties containing
impervious surface and located within the benefit area Fees as set forth in Exhibit A, as
subsequently amended by the City Council by resolution.
(2) Charges in Fee. The Director shall include in the fee the following types of charges:
a. Charge for Services. The Director shall include in the fee a service charge reflective
of the cost of providing services and facilities to properly control
stormwater runoff quantity and quality. In determining the service charge, the
director shall consider the factors:
i. The amount of impervious surface area in the benefit area;
ii. The intensity of development within the benefit area;
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iii. The type of land uses in the benefit area; amount, if any, of on -site
stormwater treatment.
b. Charges for Administrative and Public Facilities. The Director shall include in the
fee administrative and public facilities charges intended to recover the
stormwater management costs of service unrelated to the size or intensity of
development of properties. The Director may include in the Administrative and
Public Facilities Charges:
i. The cost of billing and accounting and administrative and overhead
expenses;
ii. The cost of managing runoff from public facilities; and
iii. Other appropriate administrative and public facilities costs.
c. Charges for Special Circumstances. The Director, if appropriate, shall include in the
Fee special charges structured to recover the cost of providing to certain persons,
entities, and properties stormwater management services not commonly
required by all customers. Such stormwater management services may include,
but are not limited to, plan review and inspection, site inspections, water quality
monitoring and mitigation activities, and actions to abate private property
conditions not complying with adopted city standards or interfering with proper
stormwater management.
(4) Special Assessment Districts. If the Director deems it necessary to adequately
control and treat stormwater runoff, the Director may create a special assessment district
within the benefit area and charges to customers in the special assessment district all or a portion
of the associated costs to construct, replace, retrofit, implement, operate, or maintain a
stormwater conveyance and management system for that particular area.
SECTION 7 — SUFFICIENCY OF UTILITY RATE; CHANGES TO RATE. The Utility Fee
each fiscal year shall be an amount necessary to generate sufficient funds to plan, construct, operate,
and maintain the system. The City Council may change the Fee, the ERU, or the ERU Rate from
time to time by resolution.
SECTION 8 - COLLECTION OF FEE.
(1) Schedule of Billing. The Director shall mail to all Customers a monthly stormwater utility
bill.
(2) Method of Payment. The customer shall pay to the Director, in person or by mail, the Fee.
(3) Schedule of Payment. The customer shall pay the fee on or before the due date stated on
the bill.
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(4) Combination of Utility Bills. If the Director elects to combine the stormwater utility fee
with other utility in the same bill, the city utility department shall render a monthly utility bill
containing the stormwater utility fee and any other utilities.
(5) Collection with Tax Rolls. If desired, the City Council may by resolution elect to use the
uniform method of collecting the Stormwater Utility Fee pursuant to Florida. Stat. § 197.3632.
SECTION 9 - REVENUE SOURCES FOR UTILITY.
(1) Sources of Funding. The stormwater utility funding sources may include the
following:
a. Fees;
b. civil penalties and damage assessments imposed for or arising from the violation of
the stormwater utility ordinance;
c. Stormwater permit fees, impact fees and inspection fees;
d. Other funds or income obtained from federal, state, local, and private grants or
revolving funds;
e. Bonds issued using future stormwater utility revenue as collateral; and
f. Any other reasonable means.
(2) Insufficiency of Fee Revenue. If the fee revenues collected are insufficient to finance the
operation of the utility, the City's governing body may authorize funding from other City funds.
SECTION 10 - ESTABLISHMENT OF ENTERPRISE FUND. There is hereby established
an enterprise fund exclusively for the deposit and withdrawal of all revenue collected pursuant to
this ordinance. The Director shall use the enterprise fund for the independent and separate
accounting of all revenues, expenditures, assets and liabilities, and earnings and obligations of the
utility and including the following purposes:
(a) The acquisition by gift, purchase, or condemnation of real and personal property and
interests therein, necessary to construct, operate, and maintain stormwater control
facilities;
(b) All costs of administration and implementation of the stormwater management program,
including the establishment of reasonable operating and capital reserves to meet
unanticipated or emergency stormwater management requirements;
(c) Engineering and design, debt service and related financing expenses, construction costs
for new facilities, and enlargement or improvement of existing facilities;
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(d) Operation and maintenance of the System;
(e) Monitoring, surveillance, and inspection of stormwater control devices;
(f) Water quality monitoring and water quality programs;
(g) Retrofitting developed areas for pollution control;
(h) Inspection and enforcement activities;
(i) Billing and administrative costs; and
(j) Other activities reasonably required to carry out the stormwater management program.
SECTION 11 - EXEMPTION FROM FEE. Except as provided in this section, the
Director shall not exempt any customer from the Fee. The Director shall not exempt or reduce a
customer's fee based on, but not limited to, age, tax, economic status, or race. The Director shall
implement the following exemption guidelines:
(a) Government Entity Exemptions. The Director may exempt from the fee governmental
agencies owning real property within the designated Benefit Area;
(b) Churches and Religious Establishments. The Director may exempt from the fee c hurches
and religious establishments owning real property within the designated Benefit Area;
(c) Tax Exempt Properties. The Director shall not exempt a customer owning tax-exempt
property under Florida law and located within the Benefit Area;
(d) Public Lands and Buildings. The Director shall exempt from the fee all public lands
and buildings, including all publicly owned lands used for public purposes,
including offices, maintenance yards, storage facilities, park and recreation
facilities, libraries, schools, colleges, universities, and public housing. Nonexempt
customers subject to the fee, through the public facilities charge, shall share
proportionally the cost of providing stormwater management services to the public
lands and buildings.
(e) Undeveloped Property. Real property that does not contain any impervious surfaces
including improved land without structures.
(f) Streets, Ilighways, and Railroads; and
SECTION 12 - ADJUSTMENT OF CUSTOMER ERU.
(1) Availability of Adjustment. The Director may adjust up or down a customer's ERU.
(2) Basis for Adjustment. All adjustments will be made based on credits. The Director
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shall consider the location, geography, size, use, impervious area, on -site facilities, and any
other factors for determination of credit. A customer may be eligible for a credit if the customer
has installed a stormwater management facility to the standards specified in this document.
The City Land Development Code mandates stormwater management facilities to minimize
the qualitive and quantitative impacts of runoff and ensure compliance with state and federal
requirements. Credits will be made based on facilities that significantly exceed design criteria
specified in Land development Code. Customers are eligible for a maximum credit of 60
percent. The following credits are available for stormwater management facilities:
a. A facility that provides additional rate and volume control. The current City code
requires volume and rate control for a 25-year storm event. A facility that
provides volume and rate control for a L00-year storm event has provided a
significant reduction in impacts. This reduction is eligible for a maximum credit
of 30 percent.
b. A facility that controls runoff from an upstream tributary area, which
means controlling runoff from offsite. An example would be a 10-acre
site that collects runoff from 5 acres of upstream land. The offsite area
is significant compared to the onsite and is in addition to the onsite. This
additional runoff is eligible for a maximum credit of 30 percent. In this case
the post development condition for the offsite must be calculated based on
complete build -out as determined from the current zoning.
All plans and engineering reports required for credits must be prepared by a professional
engineer registered in the State of Florida. For an existing site a customer can at their expense
hire a professional engineer to prepare documents to demonstrate these standards. A
stormwater management facility receiving credit must be privately maintained in strict
compliance with city and state standards to ensure it functions as designed at all times. Failure
to do so will result in loss of credit.
(3) Procedure for Adjustment. A customer shall submit to the Director any request for ERU
adjustment. The Director, when responding to ERU adjustment requests, shallapply the following
procedures and may, as needed, develop different or additional procedures:
a. Submission of Petition. Any customer may submit to the Director a petition for ERU
adjustment. The customer shall include in the petition his or her contact name
and address, the property address, the subdivision name, a property
sketch, the total amount of impervious area, the total lot or parcel size, the location
and size of any on -site or off -site stormwater treatment facilities, a legal
description of the real property affected, a summary description of the asserted
error or basis for exemption, variance, or mitigation, and the relief
requested.
b. Grounds for Appeal. If a customer submits a petition, the customer shall submit
the petition in writing and set forth, in detail, the grounds upon which the customer
seeks relief. Grounds for appeal of the ERU may include, but are not limited to:
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i. incorrect property classification for purposes of determining the
ERU;
ii. errors in the property's impervious surface area square footage;
iii. mathematical errors in calculating the property's applicable ERU;
iv. errors identifying the property owner of a fee -subject property; and
v. presence of on -site stormwater treatment facilities.
c. Supplemental Information for Decision. The Director may require the
petitioning customer, at the customer's expense, to provide supplemental
information to the Director including, but not limited to, survey data approved by
a registered professional land surveyor and engineering reports approved
by a professional engineer. The Director may deny a customer's petition
based on the failure to provide such information.
d. Factors for Decision. When evaluating a petition for adjustment, the Director
shall consider all relevant information and may consider:
i. Any on -site stormwater treatment facilities which are
permitted by the local water management district, and
ii. Any on -site stormwater treatment facilities not requiring or
having a local water management district permit but
providing stormwater quality treatment consistent with the
municipality's natural resource protection ordinance(s), the
municipality's land development regulations, and the water quality
standards for treated stormwater set forth in the Florida
Administrative Code.
e. Timing and Notice of Decision. The Director, on or before ninety (90) days after
receipt by the Director of a customer's completed petition, shall review and
render a decision on the petition. The Director, in writing, shall provide notice to
the petitioner in writing of acceptance or denial of a petition.
f. Retroactivity of Adjustment Decision. The Director shall retroactively apply to
the customer's first billing cycle any grants of adjustment resulting from a
customer's petition. Retroactive adjustment will not exceed one (1) year, and
the Director shall apply reimbursement the customer's future fee collections.
g.
Appeal of Denial. If the Director denies a customer's petition, the customer, on or
before the thirtieth (30) day after the Director renders a final decision on the
petition, a customer may appeal to the City's Board of Adjustment for review,
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which Board shall render a final decision within 60 days. Procedures before the
Board of Adjustment shall be subject to then -existing rules governing quasi-judicial
procedures.
SECTION 13 - VIOLATION OF ORDINANCE.
(1) Determination of Violation. If a customer does not pay all or a portion of the fee on or
before the thirtieth day after the Director mails the bill, the customer's bill becomes delinquent,
and the Director may determine the customer to be in violation of this ordinance.
(2) Notice of Delinquency. The Director, on or before the fifteenth day after a customer's bill
becomes delinquent, shall mail or deliver to the customer a notice of delinquency.
(3) Penalty for Violation. If a customer violates this ordinance and the Director mails the bill
combined with other municipal utilities, the city may discontinue those utility services, including,
but not limited to, electric, garbage collection, water and wastewater, listed on the combined bill.
To the maximum extent allowed by law, the Director may fine a customer in violation of this
ordinance and charge interest on any portion of a customer's delinquent fee remaining unpaid. The
Director may recover from a customer any attorney's fees incurred in collecting delinquent fees. If
using the uniform method of collection, the Director may also pursue enforcement methods as
provided for in Florida Statutes Chapter 197.
SECTION 14 - BORROWING. The City may issue bonds, notes, or other evidences of
indebtedness (referred to here as "bonds") to finance or refinance the costs of the system and to
pay the costs of issuing the bonds. If the City elects to use bonds, the City shall issue the bonds
pursuant to an ordinance adopted by a majority plus one vote of the City Council, and the
ordinance shall set forth the use and disposition of the proceeds of the bonds, the maturity date of
the bonds and their interest rate or rate of accretion if applicable, the manner and method of
payment, the rights and remedies of the holders thereof', the security for repayment and other
covenants or conditions as the City Council may deem proper. The provisions of the bond
ordinance and general law will be the only limitations and restrictions regarding the issuance
of bonds.
SECTION 15 - SEVERABILITY OF ORDINANCE. If any provision, section,
paragraph, sentence, clause, or portion of this ordinance or the application thereof to any person
or circumstance, is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such provision shall be deemed a separate, distinct, and independent provision,
and such holding shall not affect the validity of the remaining provisions or portions thereof.
SECTION 16 - SCRIVENER'S ERRORS. The correction of typographical errors which do not
affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's
designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk.
SECTION 17 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
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SECTION 18 - REPEALER. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed to the extent of such conflict.
SECTION 19 - EFFECTIVE DATE. This ordinance shall take effect on the sixth business day
following adoption, unless the Mayor declines to exercise the veto power in writing after adoption.
PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF
CRESTVIEW, FLORIDA ON THE 15r DAY OF
2020.
ATTEST:
ELIZA ETH M. ROY
City Clerk
APPROVED BY ME THIS
. WHITTEN Mayor
3/S T DAY Of , 2020.
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EXHIBIT A
RESIDENTIAL STORMWATER UTILITY FEE:
$2.50 Monthly Fee/ERU
Each developed residential property is one ERU regardless of impervious area
NON-RESIDENTIAL STORMWATER UTILITY FEE:
1. $2.50 Monthly Fee/ERU, where the first ERU is equal to 10, 000ft2 of impervious area; plus
2. $2.50 Monthly Fee/ERU for each additional 3,000ft2 of additional impervious area up to a
maximum of 9 additional ERUS (a total monthly maximum of 10 ERUs or $25.00). Fractions
round to the next whole number (i.e., 3.4 rounds to 4).
An impervious surface of 70% of the parcel will be used to determine the Fee until the actual
impervious service can be established.
Credit A: Up to 30% reduction given for volume/rate control in excess of design storm
Credit B: Up to 30% reduction given for significant control of offsite runoff
ERU Rate
ERU Rate (30% credit)
ERU Rate (60% credit)
Fee Calculation Table
Exempt* Residential
Non -Residential**
$0
$2.50
{ 1+(IMP ft2-10,000ft2)/3000ft2 } x $2.50
$0
$2.50
{ 0.7[ 1+(IMP ft2-10,000ft2)/3000ft2 ] }x $2.50
$0
$2.50
{ 0.4[ 1+(IMP ft2-10,000ft2)/3000ft2 ] }x $2.50
* Exempt properties include: Churches, Municipal buildings, Schools,
and undeveloped properties
**IMP is the property's impervious area
Example for Commercial Property with no Credits:
(i) Impervious area of 16,600ft2.
(ii) The first 10,000ft2 is 1 ERU ($2.50).
(iii) The additional 6,600ft2 is divided by 3,000ft2 (1 ERU) = 2.6 ERUs, rounded to 3.
(iv) 1 + 3 = 4 ERUs, multiplied by $2.50 per ERU rate equals $10.
(v) This customer will be responsible for $10 per billing cycle.
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