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HomeMy Public PortalAbout2022-05 Amending Chapter 29 "Stormwater Utility System", Sections 29-2 "Definitions", 29-3 "Findings and Determinations", 29-4 "Stormwater Utility Fee" of the Village CodeORDINANCE NO. 2022-05 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 29 "STORMWATER UTILITY SYSTEM," SECTIONS 29-2, ENTITLED "DEFINITIONS," 29-3, ENTITLED "FINDINGS AND DETERMINATIONS" AND 29-4, ENTITLED "STORMWATER UTILITY FEE" OF THE VILLAGE CODE OF ORDINANCES RELATING TO THE VILLAGE'S STORMWATER UTILITY APPORTIONATE METHODOLOGY FOR ALLOCATING STORMWATER UTILITY FEES AND APPEALS OR ADJUSTMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in Chapter 166 — Municipalities, Florida Statutes, the Florida State Legislature conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, pursuant to Section 403.0893, Florida Statutes, the Florida State Legislature also conferred upon local governments the authority to create stormwater utilities and adopt stormwater utility fees to plan, construct, operate and maintain stormwater management systems; and WHEREAS, on June 22, 1993, the Village of Key Biscayne (the "Village") adopted Ordinance 93-11, establishing the Village's stormwater utility, which is codified in Chapter 29 of the Village's Code of Ordinances; and WHEREAS, the Village's current Village currently uses an Equivalent Residential Unit ("ERU") methodology for alto ation of allocating stormwater utility fees from among properties in the Village - ; and WHEREAS, the Village has retained Raftelis Financial Consultants, Inc. ("Rate Consultant") to perform a stormwater rate analysis to review the existing rate structure and allocation methodology; and WHEREAS, the Rate Consultant has provided ids its 2022 Stormwater Fee Analysis dated March 8, 2022 (the "Stormwater Fee Report") to the Village; and WHEREAS. thc Rate Consultant has determined as provided in the Stormwater Fee Report that_bcca„sc of the wick variab;liity for- ► oth s..,.1 fa,,,il.. nd , recognizing that relative volumes of stormwater runoff vary depending on the permeability characteristics of individual properties within the Villas,e. and because permeability characteristics vary widely among single family, multi -family and commercial properties, the Rate Consultant determined that an allocation methodology using the actual impervious square feet area of properties within the Village, instead of a general conversion to an based on the ERU methodology2 will better capture thc largo actual Coding: Strikcthrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted and double underline. Page 1 of 10 differences in impervious areas for residential properties equitable allocation; and , resulting in a more accurate and WHEREAS, the Stormwater Fee Report determined that the single and multi -family and commercial parcels overall within the Village include impervious areas totalling 15,516179 square feet, and that based on the analysis and the current collection of approximately $1.9 million in Stormwater Utility Fees, an annual rate per square foot of impervious area of $0.1237 would need to be imposed in order to collect the same amount from the developed properties in the Village b , ; and WHEREAS, the Village Council had directed the Rate Consultant to supplement its Stormwater Fee Report to assess the impact of including in the Impervious Area measurement the square footage comprising all of the public roadways, sidewalk areas and other governmental impervious public areas within the Village recognizing that those areas generate stormwater runoff and benefit all of the properties within the Villa' e• nu WHEREAS, having performed that further assessment, the Rate Consultant_determined to provide for a Base Fee corresponding to the Impervious Areas comprising public roadways, i e lk vernmental im • ublic a in i • _ to Parcel Fe o R P r lm envious Area of vel e Pr e WHEREAS, the Rate Consultant had provided a supplemental report dated June 7, 2022 (the "Supplemental Report" and, together with the Stormwater Fee Re 'oil the "Final Stormwater F that includes two me h to i s f r 1 1 tin and alloca in the Rase Fe ; and WHEREAS, the Supplemental Report provides that the total impervious area calculated with respect to public roads, sidewalks and other governmental impervious public areas equals 2,853,326 square feet which is 15.5% of the total impervious square feet of 18,369,505 square feet within the Village; and WHEREAS, based on the 15 5°/o of total impervious area the Supplemental Report states that the Rate Consultant recommends that the Base Fee should fund, annually, an amount equal to 5% of the total cost of providing 'Stormwater Management ystem; and WHEREAS the Supplemental Report provides for two alternative methodologies to divide the Base Fee among all the Developed Property that benefit from the Stormwater Management System; and WHEREAS the first method, which is recommended by the Rate Consultant i e upon the premise that maintaining the drainage functionality of roadways is the primary contributor to the Stormwater Management ystem costs, it is a ropriate to apportion the cost based on the estimated number of trips each arse _generates on each roadway, based on the use of the parcel or land use designation; and WHEREAS guidance provided by the Florida Stormwater Association with respect to rate structure recommends that roadway related costs be apportioned based on estimated trip generation; and Coding: Strikcthroughwords are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted and double underline, Page 2of10 WHEREAS, the Supplemental Report sets forth the calculation of trips based onland use using data published in the Institute of Transportation Engineers Manual ("ITE"), which is an industry -wide resource; and WHEREAS, based on such data from the ITE, the Rate Consultant recommends apportioning the Base Fee among Developed ope Properties on a Rate •Trip basis dermi te ned Per annually; and WHEREAS, the Village Council desires to update the current methodology as provided in the Final Stormwater Fee Report, and provide procedures for adjustments to the Stormwater Utility Fee er Developedroe o actual observable rme acteristi s; and WHEREAS, the Village Council finds that based upon the findings set forth in the Final Stormwater Fee Report, which is incorporated herein by reference, it is in the best interest of the Village, that the Stormwater Utility Fee allocation methodology be amended to provide that all stormwater utility fees characterized as the Parcel Fees to be allocated based upon impervious square feet on a property by property basis, and the Base Fee corresponding to the Impervious Area of the roadways and sidewalks, to be allocated based upon estimated trip generation depending on use of the property . NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above -stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending Section 29-2 of the Village Code. That Section 29-2, "Definitions" of the Code of Key Biscayne, Florida is hereby amended to read as follows: Sec. 29-2. Definitions. The following, when used in this chapter, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning: Annual Assessment Rote Resolution shall mean the resolution which determines the Stormwater Utility Fee in any Fiscal Year, provided that &+s, i -- Rate Per Impervious Area and the Rate Per Tripp does not exceed the Maximum Rate established by an Initial Rate Resolution. Base Fee shall mean the portion of the Stormwater Utility Fee based on 15,5% of the Stormwater Management System costs which relate to roadway, sidewalks other governmental impervious public areasDortion of total Impervious Area of the Village, apportioned to each parcel based on the estimated number of trios generated by such parcel based on land use. as provided herein. Developed Property shall mean any parcel of land that contains an impervious area. Dwelling shall mean any building that is wholly or partly used or intended to be used for living, sleeping, cooking and eating. 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. ER ! rha11 ... .. [....:..lent Re identia1 11„it Coding: S rikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted and double underline. Page 3 of 10 Final Vssessmeitt Rate Resolution shall mean the resolution which shall confirm, modify or repeal the Initial _Rate Resolution and which shall be the final proceedings for the imposition of the Stormwater Utility Fee and Maximum Rate under the Uniform Method of Collection Act. Impervious Area shall mean the horizontal ground surface that is incapable of being penetrated or that retards latv rainwater absorption. This shall include, but not be limited to, all structures, :::`_-_'.--:_, slabs, patios, porches, driveways, private sidewalks, parking areas, swimming -peels, pool collars, athletic courts and decks. Initial Assessment Rate Resolution shall mean the i 'ti al resolution the Stormwater Utility Fee,_ including a Maximum Rate under the Uniform Method of Collection Act. Maximum Rate shall mean the maximum Rate Per Impervious Area and the maximum Rate Per Trit�,_as. applicable. that may be imposed on Developed Properties to calculate each Developed Property's Stormwater Utility Fee including_the Base Fee artd the Parcel Fee, that is set forth in the Initial Rate Resolution and adopted by the Final Rate Resolution after a public hearing. Multi -family Residential Property shall mean any Residential Developed Property that contains one or more Dwellings that contains two or more residential Dwelling Units and other common amenities containing Impervious Areas that all the residents of the Dwelling Units have access to. Nonresidential Developed Property shall mean any parcel of land that contains an itoliseftiousw=ee Impervious Area and that is not classified as a Residential Developed Property by the Dade County Property -Appraiser as land from time to time. Parcel Fee shall mean th portion of the Stormwater Utility Fee based on the remaining cost associated with the Stormwater Management System not relating to roadways and sidewalks which is apportioned to each parcel based on such Developed Property's Impervious Area calculated as set forth herein Rate Per Impervious Area shall mean the amount expressed in dollars and/or cents to be applied per square foot of Impervious Area for Developed Properties to calculate each Developed Properties Parcel Fee. e Per Trio shall mean the amount expressed `in dollars and/or cents to be applied per daily tripe neration D f.rR- id-nti.IDevel.'e• Pro t d er if tr • n-r.ti.nrat- •-r1 is' ssuarefeet of building area for Nonresidential Developed Property. Residential Developed Property shall mean any parcel of land that contains an impervious area and is classified as either a Single Family Residential Property, or a Multi -family Residential Property 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. Single Family Residential Property shall mean Residential Developed Property that contains a single Dwellin Unit. Stormwater shall mean the water that results from rainfall. Stormwater Infrastructure shall mean the structural, nonstructural 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. Stormwater Management System (or the "System") shall have the meaning specified by F.S. § 403.031(16), as amended from time to time. Stormwater Utility shall have the meaning specified by F.S. § 403.031(17), as amended from time to time. Stormwater Utility Fee shall have the meaning specified by F.S. § 403.0893(3), as amended from time to time. Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted and double underline. Page 4 of 10 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. Uniform Method of Collection Act shall mean Sections 197.3632 and 197.3535, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, any applicable regulations promulgated thereunder. WASAD shall mean Miami Dade Water and Sewer Authority Department. Watershed shall have the meaning specified by F.S. § 403.031(18), as amended from time to time. Section 3. Amending Section 29-3 of the Village Code. That Section 29-3, "Findings and determinations" of the Code of Key Biscayne, Florida is hereby amended to read as follows: Sec. 29-3. Findings and determinations. It is hereby determined and declared as follows: (1) 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. (2) 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. (3) The cost of operating and maintaining the System should, to the extent practicable, be allocated in relationship to benefits enjoyed and services received. (4) Using a Rate Per Impervious. Area on a square foot of Impervious Area basis for each Developed Property or the Parcel Fee captures the unique characteristics of each property and will equitably allocate the cost of the Stormwater Utility System to the Developed Properties with a greater Impervious Area which will benefit the most from the Stormwater Utility System. Develo ep d Prapetties that generate a greats amount of use of such roadway Section 4. Amending Section 29-4 of the Village Code. That Section 29-4, -Stormwater Utility Fee" of the Code of Key Biscayne, Florida is hereby amended to read as follows: Sec. 29-4. 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. j The rate per Rate Per Impervious Area lR to be used in calculating Stormwater Utility Fees for each Developed' Property shall be calculated as the total amount of the cost to provide the services and facility for the Stormwater Management System excluding 15.5% of the sS ati g to oa r dway, sidewalk other governmental impervious public areas including any debt service related to debt incurred by the System divided by the total amount of all Impervious Area the Parcel Fee portion of the Coding: stripe o-.g__mh words are deletions to the existing words. Underl[ned words are additions to the existing words. Changes between first and second reading are indicated with highlighted and double underline. Page 5 of 10 calculated for each Developed Property to obtain a Rate Per Impervious Area. Such Rate Per Impervious Area is to be multiplied by each Developed Property's square feet of impervious Area to determine the amount of the Parcel Fee for each Developed Property subiect to such 5tormwater Utilit +Fee. The Rate Per Impervious Area shall be set by an Initial AssesemootRate Resolution an-adnunictrativo-erdef of the Village M f} ppeev ;-by of the Village Council and confirmed by a Final Aseeereemeet Rate Resolution of the Village Council. The Rate Per Impervious Area may be increased each year so long as the Rate Per Impervious Area does not exceed the Maximum Rate determined by the Initial AssOSsnt:enRat Resolution and approved in the Final Aseoesentao4 Rate Resolution of the Village Council, if the Stormwater Utility Fee is collected using the Uniform Method of Collection authorized by section 29-5 of the Code. al the Rate Per Tri�to be used in calculating the Bace Fee portion of the rmwater Utility Fees for each velopd Property shall be calculated as 15.5% of the total-arnount_of the to provide the services facility for the 5tormwater Management System tthat relates to roadways, •tdewalks and other yeas divi mount ofiestimated d by ach evveLoped Property to obtain the Rate Per Trip Such Rate Per Trip to multiplied by each Propert 's number of trips allnrated to such Developed Property, as calculated herein, to determine the amount of the Ba icy Fee The Rate Per Trig shall be set by an Initial Rate Resolution of the Village council an¢ confirmed by a Final Rate Resolution of the Village Council. The Rate Per Tri b o may e—it�cta,,ed each year so long as the Rate Per Trip does not exceed the MaximurnRtate deterr�ii the aae2 nciijf the Stortwater Utility Fee is collected toning the Un�rnt Method of Collection (b) 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 Residential Property Dwelling Unit, Multi -family Residential Property Dwelling Unit, "place of worship" or Nonresidential Developed Property to each lot or parcel that is not owl by a governmental entity. In addition, if the Stormwater Utility Fee is collected using the Uniform Method of Collection authorized by section 29-5 of the Code and Section 197.3632, Florida Statutes, the Village Manager or his/her designee shall annually prepare a Stormwater Utility Fee non -ad valorem assessment roll which sets forth the Impervious Area in square feet for each Developed Property as determined by the Village and the tamps per Dev Loped Pos�ett��as determined by section 29 4f } hereof and the Stormwater Utility Fee for each Developed Property as calculated in accordance with the section 29-4 hereof. Such non -ad valorem assessment roll shall be adopted pursuant to an Annual iitiseeeassatatele Rate Resolution of the Village and certified by the Village Manager or his/her designee to the property appraiser prior to September 15. If the Stormwater Utility Fee is collected using the Uniform Method of Collection Act and one of the four criteria listed in Section 197.3532(4)(a)1-4, Florida Statutes applies, including but not limited to exceeding the Maximum Rate, as established by the Final A rfc. :: Resolution, then the Village shall adopt a Final Aoetkest000t Rat Resolution or Annual Assess -moot —Rate Resolution, as applicable, that approves a non -ad valorem assessment roll at a public hearing held between January 1 and September 15, after notice has been provided pursuant to Section 197.3632(4)(b), Florida Statutes. Such public hearing shall be held in accordance with Section 197.3632(4)(c), Florida Statutes. lS Impervious Area square feet shall be calculated for all Developed Property within the Village as follows: (11 For each Single Family Residential Property that contains a Dwelling Unit, the amount Impervious Area square feet contained in each parcel. (2) For each Multi -family Residential Property Dwelling Unit. first determine the total amount of Impervious Area square feet of the Multi -family Residential Property; then determine the amount of living area square feet, as identified by the Miami -Dade County Property Appraiser. for each Dwelling Unit within the Multi-farnil Residential Pro erty; and finally apportion the Impervious Area square Coding: Striket9 edglh words are deletions to the existing words. underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted 44gitkbkettikettifoaeb and douttle-underline, Page 6 of 10 feet of the Multi -family Residential Property amongst each Dwelling Unit on a pro -rata basis to determine the Impervious Area square feet apportioned to each Dwelling Unit. (3) For each Nonresidential Developed Property the amount of Impervious Area square feet contained in each parcel. 4 Place of worshi m t" shall be exempt from the imposition of Stormwater Utility Fees. ERUsshanse- cd sorrow.. (1) Single family Dwelling Units: 1.5 ERU. (3) place of worship: 0 ERU. (1) --Nonresidential Oeveleped Pr®perties, exeVuding p aees e#-wershipr ,v l„ e a wig eci E6Us on the basis of one ERU per 1083 square feet of Impervious Area- WJ Average ilv triggeneration shat( be cafculated for all Developed Propert�yrithin the Village as follows le F Residential Property DwellingiJnit the averagedaily trigl ener ion is_9.43 2) For each Multifamily Residential Property ©welling Urtiithe aweraee daily tripgeneration is 4.54 trips. Far each Non Residential Devellooed Proper per 1.000 ss(taj Aaimi n-rejential building spar the average Bail r eneration is 21 00 trans t4) Place of worship sly q l exeniot from ,_the imposition of Stormwater Utility Fees ( (e The following procedures and criteria are to be used to calculate Stormwater Utility Fees: (1) Each Single-family Residential Property Dwelling Unit, Multi -family Residential Property Dwelling Unit and Nonresidential Developed Property shall be assessed that portion of the Stormwater Utility Fee relating to the ParceL.fee calculated by multiplying the rate Rate Per Impervious Area, determined as provided in section 29-4(a) above for one ERU by the ernef ERUs Impervious Area square feet determined for each Developed Property as provided in section 29-4(4c)(1), (2) and 13) 44) respectively. La Each Sine -family Residential Property DweII Eslnit Multi -family Resmdentral Property Dwe(liing Unit and Nonresidential Developed Property shL be assessed that portion of the S#prmwcter Utllit Fee r elatieg to the Base Fee call la eri b I i I i 24 4(ait2l a v e dais trip generation as orowide in section 294.( 1_l. (2) and (3. respectively. ( 3lThe Stormwater Utility Fees payable to the Village pursuant to this chapter 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 Stormwater Management System required pursuant to F.S. § 403.0891(3). feljn The following procedure and criteria are to be used in appealing Impervious Area calculation, the amount of square feet per building area calculation that determine t number of average dadv trip generation for Nonresidential Developed Property or Dwelling Units calculation: (1) Anv owner of Developed Property disagreeing with the calculation of the Stormwater Utility Fee. as provided in this section 29-4, may appeal such determination to the Village Manager. Anv appeal must be filed in writing and shall include the name of the appealing property owner and address of the Developed Property subiect to the appeal, a folio number, a survey prepared by a registered surveyor or registered engineer showing for (i) Residential Developed Property; Dwellings, Dwelling Units, total Coding: L•y"t„rog„ words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted tiotattle vitethtdbig,h and double underline, Page 7 of 10 oroperty area, and total Impervious Areas, and (ii) Nonresidential Developed Property; total property area. otal square feet of building area and total Impervious Areas. The a pealing party may includ- Photograohs or other obi by ly verifiable information demonstrati # ryry_q ei of nd ed building sonar or ee in calculating-tlte rnber of esti r r ' G v d pro Villa a Mana er ma re uest additional information from the appealing party. Based upon the information provided by the Village and the appealing party, the Village Manager shall make a final calculation of the Stormwater Utility Fee and shall notify the Village and the appealing party in writing of the Village Manager's decision. 4-34(2)The Village Council may provide for a fee payable by such appealing party associated with the cost of review of the appeal. jgZThe following procedure and criteria are to be used when an owner of a Developed Property has decreased the Impervious Area of the Developed Property or with respect to Nonre5id_entia_l_Devlo' -d Pri iert has d creased t e area sauar fop age of anybiil.f ings on thQ ap rcel: (1) Any owner of Developed Property that has reduced the Impervious Area of the Developed Property r Ledil_Ce ittlaiMillat-41,1 square footage Qf ly buijdings on tbe._2arcel with respect to Non ential Developed Property during any Fiscal Year may apply in writing for an adjustment to the Village's calculation_ of Impervious Area or building rea souare footage with the Village Manager. Such application for adjustment to the Impervious Area gr building area square faota shall include the name of the applicant property owner and address of the Developed Property, a property identification number, a survey prepared by a registered surveyor or registered engineer showing for f i) Residential Developed Property; Dwellings, Dwelling Units, total property area, and total Impervious Areas prior to the decrease and total Impervious Areas after the decrease, and (11) Nonresidential Developed Propertya total property area and total Impervious Areas or building area sg re footage prior to the decrease and total Impervious Areasjr building area square footage after the decrease. The Village Manager may request additional information from the applicant. Based upon the information provided by the applicant, the Village Manager shall make a final calculation of the Stormwater Utility Fee and shall notify the Village and the applicant in writing of the Village Manager's decision as to adjustment of Impervious Area9r building area square footage for the Developed Property. (2) The Village Council may provide for a fee payable by such applicant associated with the cost of review of the application. f~l:#(hi The following procedure and criteria are to be used in adjustments to the Parcel Fee no 'o • he Stormwater Utility Fees: (1) After the Village has determined the tercel Fee ortion of the Stormwater Utility Fee based upon Impervious Area, any Developed Property owner may be eligible for an adjustment to the Parcel Fee portion of the Stormwater Utility Fee when certain criteria are met. It is the property owner's responsibility to provide proof that conditions exist that may qualify a Developed Property for a particular adjustment. a, The Village may allow adjustment of the Parcel Fee portion of the. Stormwater Utility Fee for a Developed Property that contains a privately maintained retention and/or detention facility upon inspection and approval of such retention and/or detention facility by a certified engineer. French vertical drains are not an acceptable retention and/or detention facilities in determining Stormwater Utility Fee adiustment. b. The rate of adjustment for a Developed Property that contains a privately maintained retention and/or detention facility is based upon the following determinations: i. Where the privately maintained retention and/or detention facility is constructed and maintained, which collects and retains 100% of Stormwater on the Developed Property Coding: Stf gh words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted tioviti rg#4 and double underline, Page 8of1U measured on the basis of a 72 -hour 25 -year storm event), Stormwater Utility Fee shall be reduced by fifteen percent. the Parcel Fee portion of the ii. Where the privately maintained retention and/or detention facility is constructed and maintained, which collects and retains 100% of Stormwater on the Developed Property (measured on the basis of a 72 -hour 50 -year storm event) the Parcel Fee portion of the Stormwater Utility Fee shall be reduced by twenty-five percent. (2) The following conditions must be met in order for a property owner of a Developed Property is to receive the Stormwater Utility Fee adjustment for the Parcel Fee Portia : a. The owner of the Developed Property containing a privately maintained retention and/or detention facility must appy for a Stormwater Utility Fee adjustment for the Parcel Fee portion in writing to the Village Manager and provide proof of certification by an engineer of the privately maintained retention and/or detention facility and provide proof of 100% Stormwater retention on the Developed Property. The proof of such Stormwater retention shall be provided to the Village Manager and shall include Hydraulic/Hydrologic calculations. with topographic maps signed and sealed by a certified engineer demonstrating that the conditions are met in either Sub -section (eh)(1)(b)(i) or (ii) above for the Developed Property.. b. The Village Manager must agree that based upon the submitted documents for such Developed Property, that the conditions are met in either Sub -section (t)(1)(b)(i) or (ii) above for the Developed Property and such Developed Property has a reduced impact to the Stormwater Utility System. c. The property owner of a Developed Property that has been granted an adjustment as provided above. must certify to the Village each gear that such privately owned retention and/or detention facility has been maintained and the Developed Property continues to qualify for such adjustment. if it is determined by the Village that such privately owned retention and/or detention facility has not been maintained and no longer qualifies for such adjustment, the property owner of such Developed Property shall re -apply for such adjustment. (3) The Village Council may provide for a fee payable by such applicant associated with the cost of review of the application. Section 5. Severability. That 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 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 6. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, and 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 7. Conflicts. That all ordinances or parts of ordinances. resolutions or parts of resolutions, in conflict herewith. are repealed to the extent of such conflict. Section 8. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. Coding: Stir h words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted oiletbiWei.eAkoeititiFough and rrfrutl '.i nsIerl.inp_ Page 9 of 10 PASSED on first reading on the 12`h day of April 2022. PASSED AND ADOPTED on second reading on the 24`11 day of AA=ust, 2022. • MICHAEL W. DAVEY MAYOR ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGALITY: WEISS SEROTA HELFMAN COLE & BIERMAN. P.L. VILLAGE ATTORNEY Coding: trik trough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted tiottbie.stWieckti th and double underline,. Page 10 of 10 $ Base Charge Structure —Cost Allocation Allocated costs based on impervious area. Village/County Roads and Sidewalks in the right-of-way were used as allocation basis: Class Amount % of Total Single Family I.A. square feet Multi -family I.A. square feet Non-residential I.A. square feet Road and Sidewalk I.A. square feet Total I.A. square feet 14.34% of total $1,918,265.91 stormwater budget equals $275,103.84 to be recovered from base charge 7,307,137 6,272,853 1,936,189 2,597,772 40.34% 34.63% 10.69% 14.34% 18,113,951 100.0% Base Charge Structure Fee Design • Base charge costs can be allocated numerous ways. Two ways reviewed for this study include trip rates and per parcel. • Florida Stormwater Association recommends trip rate approach 3 Class Parcels Total Trips Single Family Multi -family Non-residential Total Base Charge Costs Base Charge per Month Base Charge per Year 1,305 5,759 160 12,353 26,146 28,776 7,229 67,275 $275,103.84 $275,103.84 $3.17 $0.3408 $38.04 $4.0848 Base Charge per Unit Parcel Approach Trips Approach Single Family Multi -family Non-residential $3.17 $3.17 $3.17 $3.21 $1.55 $7.16 Revenue Recovery Comparisons Class Existing Revenue I.A. Only Revenue Base — Trips Revenue Base — Parcels Revenue Single Family Multi -family Non-residential Total $407,831 1,147,869 362,566 $903,893 $775,952 $239,507 $824,226 $771,158 $322,752 $823,564 $883.343 $211,131 $1,918,266 $1,919,351 $1,918,137 $1,918,039 Revenue Recovery Comparisons Revenue by Class Comparison $1,500.000 $1,200,000 $900,000 $600,000 $300,000 so i Multi -family a Existing Revenue Single-family Non-residential • IA Approach • Base Charge - Vehicle Trip Rates of Base Charge - Per Parcel 5 Recommendation • Based on the analysis developed, discussions with Village staff, feedback from Village stakeholders, and the intent to implement an equitable stormwater rate structure it is recommended the Village adopt the base charge option with trip rate cost allocations. Existing Stormwater Rate & Fee Structure Basis for the stormwater fee: Single family (SFR) and multi -family (MFR) per dwelling unit Multi -family 1.0 ERU per unit Single family 1.5 ERU per unit Non-residential/commercial (NR) by impervious area (IA) Class Existing Monthly Rate Multi -family Single Family Non-residential (per ERU*) Billed annually on tax bill as a non -ad valorem special assessment *1 equivalent residential unit (ERU) represents 1,083 square feet of IA $16.90 $25.35 $16.90 Stormwater Rate & Fee Structure Considerations What is the appropriate basis for the Village's stormwater fee? Dwelling units, impervious area (IA), parcel size, and/or other Administrative feasibility Customer classes to ensure fair and reasonable charges Fee policy issues Billing method — monthly utility bill vs. special assessment Exemptions (government facilities and other properties granted exemptions by the local government) Low-income relief (affordability policies) Credits for onsite stormwater retention / management Rate Structure Design and Update Existing Rate Structure Customer classes — SFR, MFR, NR ERU fee structure (1.5 ERU/SFR; 1.0 ERU/MFR; 1.0 ERU/ 1,083 sf IA NR) Study Approach and Process Measured IA of all MFR properties Measured IA of all SFR properties (started with sample then measured all remaining) No update to NR measurements, but converted ERUs to IA for each parcel Updated Stormwater Fee Application Uniform rate per square foot of IA applied to all land uses Process and Findings • Impervious area is defined as features that prevent the filtration of rainwater into the ground Includes: buildings, walkways, private sidewalks, driveways, patios, pool collars, parking lots, tennis courts, and basketball courts Excludes: public sidewalks, public roads (right-of-way), and pool surfaces Used FDOT 2021 aerial imagery to digitize the impervious area Single Family Findings Distribution of Impervious Area on SFRs Equitable stormwater fees are based on the impervious area on each parcel Median/Average properties larger than implied by 1.5 ERU factor Long distribution (a lot of large properties) — indicates that a per square foot system is best suited for the Village This is a feasible approach for the Village due to limited new development and ability to manage through permit process 13 120 100 Median 4,805 sf 80 60 U 40 20 Average 5,591 sf �j p o _ -�• _ .o_.o .1 O O O O pO� O� a O O 6 a a 00 8 O O O a 6 00 O O p 6 a 0 0 6 0 0 0 0 0 00 4) N R ^5 Cry P h 4i� o° Wry C6 X10 ^� /\O Q�i @O OOi 4h0 O. ( �W n n �q t ^c? 00 r�p�Q c70 0 6 0 9 0 6 0 00 d 00 O O O O O Q O 0 0 0 0 0 0 O C� 0 4 0 0 0 9 N N m* tr O� 7 to to co co coO iry n0 co api co 0) O v0 Co0 O a tO 00 000 o $oA � o a a Impervious Area (square feet) Example SFR Properties Minimum Property 14 Median Property 4,696 sf Maximum Property 22,810 sf Multi -family Findings Grouped MFR parcels according to individual properties/complexes Summarized unit data using tax roll Verified duplex unit data against property appraiser Measured impervious area on all MFR properties/complexes Variations in the size of each unit influenced the recommendation to apply the IA of the complex to the units on a pro -rata basis Per Sqft Approach Rates/Revenue —All Properties Measured 17 Notes: • MFR units based on pro -rate IA allocation • SFR and NR billed based on IA measurement Class Existing Revenue Calculated Revenue $ Change % Change Multi -family Single Family Non-residential Total $1,147,869 407,831 362,566 $775,952 903,831 239,507 ($371,917) 496,062 (123,060) $1,918,266 $1,919,351 $1,085 Per square foot IA Calculated Rate Annual Monthly (rounded) $0.1237 $0.0103 - 32.4% 121.6% - 33.9% 0.1% Example Bills Existing Monthly Fee Calculated Monthly Fee Multi -family Units: Small — 580 sf Median — 964 sf Larger — 2,770 sf Single Family: Small — 1,700 sf Median — 4,800 sf Larger — 22,800 sf Commercial per ERU/1,000 sf $16.90 $16.90 $16.90 $25.35 $25.35 $25.35 $16.90 $5.97 $9.93 $28.53 $17.51 $49.44 $234.84 $10.30