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HomeMy Public PortalAbout1993-11 Establishing a stormwater utility system for the VillageORDINANCE NO. 93-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE; PROVIDING FOR DEFINITIONS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; ESTABLISHING A STORMWATER UTILITY FEE; ESTABLISHING A METHOD AND PROCEDURE FOR THE COLLECTION OF STORMWATER UTILITY FEES; DIRECTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the Village is responsible for the ownership, maintenance and expansion of an existing stormwater management system that has been developed over a number of years for the purpose of collecting and disposing of storm and other surface water; and WHEREAS, the points of discharge for numerous stormwater drainage systems serving the Village of Key Biscayne are Biscayne Bay and its tributaries; and WHEREAS, the waters of Biscayne Bay and its tributaries are protected under the provisions of the Biscayne Bay Aquatic Preserve Act (the "Act") as adopted by the Florida State Legislature; and WHEREAS, pollution abatement requirements of the Act are among the most stringent in the State, resulting in higher capital and maintenance costs for storm drainage facilities; and WHEREAS, the South Florida Water Management District has recently adopted rules and regulations with respect to groundwater protection that result in higher capital costs for the construction of ground water protection devices in conjunction with storm drainage improvement; and WHEREAS, the Village desires to address such various environmental issues which will further burden its infrastructure requirements; and WHEREAS, the Village finds that although each developed property on Key Biscayne has varying degrees of water retention, all properties contribute to some extent to the Village's stormwater problems and that all citizens will benefit from the establishment of a Stormwater Utility; and WHEREAS, the Village finds that from both a financial and administrative perspective, it would be impractical to measure each property's impervious area and to calculate with mathematical precision each Stormwater Utility fee; and WHEREAS, the fee structure set forth herein represents a reasonable and rational basis for allocating the need for a Stormwater Utility to the developed property owners of the Village; and WHEREAS, therefore the Village finds that it is necessary and essential to establish a Stormwater Utility to ensure that the collection and disposal of stormwater within the Village of Key Biscayne adequately protects the health, safety and welfare of the citizens of the Village; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 2 Section 1. That the Code of the Village of Key Biscayne is hereby amended by adding a new Chapter which shall read as follows: STORMWATER UTILITY SYSTEM Sec. 1. Purpose; Authority. The purpose of this article is to implement the provisions of Section 403.0893(1), Florida Statutes, by creating a Village -wide Stormwater Utility and adopting stormwater utility fees sufficient to plan, construct, operate and maintain the stormwater management system required by Section 403.0891(3), Florida Statutes. Sec. 2. Definitions. The following, when used in this article, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning: (a) "Developed Property" shall mean any parcel of land that contains an impervious area. (b) "Dwelling" shall mean any building that is wholly or partly used or intended to be used for living, sleeping, cooking and eating. (c) "Dwelling Unit" shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating. (d) "ERU" shall mean "Equivalent Residential Unit." (e) "Impervious Area" shall mean the horizontal ground surface that is incapable of being penetrated by rainwater. This shall include, but not be limited to, all structures, roof extensions, slabs, patios, porches, driveways, sidewalks, parking areas, swimming pools, athletic courts and decks. (f) "Nonresidential Developed Property" shall mean any parcel of land that contains an impervious area and that is classified by the Dade County Property Appraiser as land use types 10 through and including 99, as set forth in Florida Administrative Code Rule 12D -8.008(2)(c), as amended from time to time. (g) "Residential Developed Property" shall mean any parcel of land that contains an impervious area and is 3 classified by the Dade County Property Appraiser as land use types 00 through and including 09 as set forth in Florida Administrative Code Rule 12D -8.008(2)(c), as amended from time to time. (h) "Stormwater Infrastructure" shall mean the structural, non-structural or natural features of a parcel of land or Watershed which collect, convey, store, absorb, inhibit, treat, use, reuse, or otherwise affect the quantity or quality of stormwater. (i) "Stormwater" shall mean the water that results from rainfall. (j) "Stormwater Management System" (or the "System") shall have the meaning specified by Section 403.031(16), Florida Statutes, as amended from time to time. (k) "Stormwater Utility" shall have the meaning specified by Section 403.031(17), Florida Statutes, as amended from time to time. (1) "Stormwater Utility Trust Fund" shall mean that separate bank account established by the Village for the deposit and use of all Stormwater Utility Fees collected. (m) "Stormwater Utility Fee" shall have the meaning specified by Section 403.0893(3), Florida Statutes, as amended from time to time. (n) "Watershed" shall have the meaning specified by Section 403.031(18), Florida Statutes, as amended from time to time. Sec. 3. Findings and Determinations. It is hereby determined and declared as follows: (a) The Village desires to create a Stormwater Management System to maintain and improve water quality, to control flooding that results from rainfall events, to deter unmanaged rainwater from eroding sandy soils, to deter the disruption of the habitat of aquatic plants and animals and to provide for the collection of Stormwater Utility Fees for those expenses connected with the planning, constructing, operating and maintaining of a Stormwater Management System. (b) The collection of and disposal of stormwater and regulation of groundwater are of benefit to all property within the Village including property not currently served by the System. (c) The cost of operating and maintaining the System should, to the extent practicable, be allocated in relationship to benefits enjoyed and services received. Sec. 4. Stormwater Utility Fee. (a) A Stormwater Utility Fee is hereby assessed against each Developed Property within the Village for services and facilities provided by the Stormwater Management System. The rate per ERU to be used in calculating Stormwater Utility Fees shall be set by an administrative order of the Village Manager after approval by the Village Council. The Village Manager or his/her designee is directed to prepare a list of lots and parcels within the Village and to assign a classification of Single-family Dwelling Unit, Multi -family Dwelling Unit, "Place of Worship" or Nonresidential Developed Property to each lot or parcel. (b) ERUs shall be assigned as follows: (1) Single Family Dwelling Units: 1.5 ERU. (2) Multi -family Dwelling Units: 1.0 ERU per Dwelling Unit. (3) Place of Worship: 0 ERU. (4) Non -Residential Developed Properties, excluding Places of Worship, shall be assigned ERUs on the basis of one ERU per 1083 square feet of Impervious Area. (c) The following procedures and criteria are to be used to calculate Stormwater Utility Fees: (1) Each Single -Family Dwelling Unit, Multi -family Dwelling Unit and Nonresidential Developed Property shall be assessed a Stormwater Utility Fee calculated by multiplying the rate for one ERU by the number of ERUs provided in Sections 4(b)(1), (2) and (4), respectively. (2) The Stormwater Utility Fees payable to the Village pursuant to this article shall be deposited in a separate Village Stormwater Utility Trust Fund account and shall be used exclusively by the Village, together with accrued interest thereon, to pay for the costs of planning, financing, constructing, operating and maintaining the 5 Stormwater Management System required pursuant to Section 403.0891(3), Florida Statutes. Sec. 5. Collection of Stormwater Utility Fee; Liens. (a) The Stormwater Utility Fee shall be billed to the owner of each Developed Property. If the Stormwater Utility Fee is not fully paid by the owner on or before the past due date set forth on the owner's bill, a ten percent late charge may be added to the bill. Any unpaid balance of the owner for a Stormwater Utility Fee shall be subject to an interest charge at a rate of eight percent per annum. Imposition of this interest charge shall commence 60 days after the past due date of the fees set forth on the bill of the owner of the Developed Property. (b) Fees and late charges, together with any interest charges, shall be debts due and owing the Village's Stormwater Utility and all of same shall be recoverable by the Village in a court of competent jurisdiction. (c) The Village Manager shall establish procedures to notify owners or managers of Developed Property of delinquent Stormwater Utility Fee accounts. (d) All Stormwater Utility Fees, late charges and interest accruing thereupon, due and owing to the Village's Stormwater Utility which remain unpaid 60 days after the past due date shall become a lien against and upon the Developed Property for which the Stormwater Utility Fees are due and owing to the same extent and character as a lien for a special assessment. Until fully paid and discharged, such fees, late charges, and interest accrued shall constitute a special assessment lien equal in rank and dignity with the liens of Village ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the Developed Property involved for the period of five years from the date such Stormwater Utility Fees, late charges, and interest accrued thereupon became a lien as set forth in this ordinance. This lien may be enforced and satisfied by the Village pursuant to Chapter 173, Florida Statutes, as amended from time to time, or by any other method permitted by law. The lien provided for in this sub -section shall not be deemed to be in lieu of any other legal remedies for recovery of such fee, late charges, and accrued interest available to the Village. (e) For Stormwater Utility Fees which become more than 60 days past due and unpaid, the Village shall cause to 6 be filed in the office of the Clerk of the Circuit Court of Dade County, Florida, a notice of lien or statement showing a legal description of the Developed Property against which the lien is claimed, its location by street and number, the name of the owner, and an accurate statement of the fees and late charges then unpaid. A copy of such notice of lien shall be mailed within a reasonable time to the owner of the Developed Property involved as shown by the records of the tax collector of Metropolitan Dade County. No such lien shall be enforceable by the Village unless this notice is filed within six months from the date the fees and late charges become a lien as established in this section. (f) Liens may be discharged and satisfied by payment to the Village of the aggregate amounts specified in the notice of lien, together with interest accrued, and all filing and recording fees. When any such lien has been fully paid or discharged, the Village shall cause evidence of the satisfaction and discharge of such lien to be filed with the office of the Clerk of the Circuit Court of Dade County, Florida. (g) Notwithstanding other provisions to the contrary, the Village shall have the discretion not to file notices of lien for fees, late charges, and interest accrued in an amount less than fifty dollars ($50.00). If the Village elects not to file a notice of lien, such fees, late charges, and accrued interest shall remain as debts due and owing in accordance with Section (b) above. (h) The Village Manager or his designee is authorized and directed to certify upon request the amount of fees, late charges and interest accrued, which are due and owing to the Village for any Developed Property which is subject to payment of said fees, or the Village Manager may certify that no fees, late charges or accrued interest are due and owing. Section 2. Repeal of Conflicting Ordinances. Article IV of Chapter 24 of the Dade County Code made applicable to the Village by Article VIII, Sections 8.03 of the Village Charter is hereby repealed. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be 7 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the Board of Trustees, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 8th day of June , 1993. PASSED AND ADOPTED on second reading this 22nd day of June , 1993. ATTEST: Village cv—v RAFAEL H. ONTE, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: V1 , / 1 r - -f 4 w RICHARD JAY1144pS, VILLAGE ATTORNEY rwt\keybisca\ord\stormwat.1 8 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Super- visor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE Meeting June 22, 1993 Re: Stormwater utility system etc. the X. X ..X X Court, was published in said newspaper in the issues of June 15, 1993 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant fu - says that she has neither p : • nor promised any • - n, fir or corporation any dis • • unt, rebate, commi - refun for the purpose of s uri : r this adv = • : ��� f • publi tion in the said ne 15 day of Sworn to and subscrlbtlaa4p,.e me this .•v ri PUS •. **° , A.D�, «' 93 • :sue Ti (SEAL) s� Z•9:f OF F�O:•`•t Octelma V. Ferbeyre personally knoOwn to to ..FFICIAL ' SEAL CRISTINA INGELMO COMMISSION NO. Cc1010i1 MY COMMISSION EXP. AIR 5,19 95 VILLAGE OP KEY BISCAYNE PUBLIC NOTICE, Notice is hereby given that the following ordinance will be con- sidered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, June 22, 1993, at 7:00 p.m., at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: 1. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE VILLAGE; PROVIDING FOR DEFINI- TIONS; MAKING CERTAIN FINDINGS AND DETERMINA- TIONS; ESTABLISHING A STORMWATER UTILITY FEE; ESTABLISHING A METHOD AND PROCEDURE FOR THE COLLECTION OF STORMWATER UTILITY FEES; DIRECTING THE VILLAGE MANAGER TO MAINTAIN CERTAIN RECORDS; PROVIDING FOR REPEAL OF CONFLICTING ORDI- NANCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of the proposed ordinance may be obtained at Village Hall, Office of the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meet- ing, that person shall insure that a verbatim record of the proceed- ings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Guido H. Inguanzo, Jr. Village Clerk 93-4-061528M 6/15