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:
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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
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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
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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
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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
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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