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HomeMy WebLinkAbout2001- Fee Credits PolicySEBASTIAN STORMWATER UTILITY FEE CREDITS POLICY I. POLICY Developed property from which stormwater runoff is discharged, either directly or indirectly, to the stormwater system or to water bodies within/surrounding the City may be eligible for a reduction in the fee for the Sebastian Stormwater Utility, hereinafter called a "fee credit", if that property employs on-site optimally designed, constructed, and maintained stormwater management facilities. Additionally, property with unique and atypical physical features which substantially mitigate the impact upon the stormwater discharge into the system may likewise be eligible for a fee credit. The fee credit will be based upon the savings to the utility resulting from thi property's stormwater facilities or unique features. Even properties that do not discharge stormwater directly into the Utility system will pay a proportionate share of the Utility expenses incurred in providing generalized benefits to the system, such as management of stormwater upon the public rights-of-way and administrative costs. Additionally, capital improvement projects that improve water quality in the waterbodies of the drainage basin are included in such generalized benefits. The owner of the property for which the fee credit is sought shall be responsible for requesting the fee credit and for supplying sufficient information as may be required by the City to evaluate the merits of the fee credit request. Engineering calculations, prepared and sealed by a professional engineer or land surveyor licensed to practice in the State of Florida, and other documentation that substantiate the fee credit request, must be submitted with the request. The engineering calculations and other documentation shall be in accordance with the requirements established herein and contained in the Stormwater Management Utility Fee Credit Application. The application will be reviewed by the Stormwater Utility Manager or his designee, who shall have the authority to approve or disapprove the request and to establish conditions of issue for the fee credit. By accepting a fee credit, the property owner agrees to comply with the conditions of issuance and authorizes the City to enter upon the property, without additional notification, to verify compliance with the conditions of issue of the fee credit. Failure to comply with any of the conditions of issuance of the fee credit will result in the rescission of the fee credit, until the violation(s) are corrected to the City's satisfaction. H. FEE CREDITS Credits shall be granted on an annual basis and requests therefore must be made each year. Properties having received a credit the previous year, however, may submit an abbreviated credit renewal request if conditions at the site have not substantially changed. A. Initial Anblication Properties that have constructed stormwater retention or detention facilities may be eligible for a percentage reduction, or credit, in that property's stormwater service fee. The amount of reduction will be determined by the City on a case-by-case basis. Credit requests must be applied for in writing by the property owner using Application for Stormwater Credit Form and submitted to the Stormwater Utility Manager. To receive the credit, first-time applicants must supply to the City the following: 1. Site plan and as -built construction drawings (as certified by a licensed surveyor, architect, or engineer) at an appropriate scale, showing the site, topographic details, overland flow paths, all stormwater facilities, and surrounding area; 2. Detailed hydrologic and hydraulic calculations using methodology approved by the City that accurately describes the runoff through the site; 3. Topographic map outlining the size of the drainage area upstream and downstream of the stormwater management structure; 4. Detailed floodplain information, if it exists on the site; 5. A detailed report that clearly describes how the basin functions for all of the design storm events from the 1- through the 100 -year events with percent of over - detention for each event. 6. A proposed maintenance agreement between the City and the customer describing in detail the maintenance activities for the stormwater basin. Failure to operate the facility as designed shall be reason for forfeiture of the credit. The City shall inspect and notify the property owner/operator of the facility's deficiencies. B. Basis for Credits Customers are entitled to a credit when they can demonstrate that their existing or proposed stormwater facilities provide the Utility with a cost savings that the City otherwise would incur as part of its efforts to manage stormwater. The Utility incurs several costs associated with stormwater management including planning, engineering, capital construction, operation/maintenance, and administrative costs. The Utility incurs planning, engineering, and capital costs related to the construction of stormwater collection and treatment facilities. These facilities include, but are not limited to, the design and construction of swales, curbs, gutters, catch basins, stormwater sewers, regional detention basins, and retention basins. Stormwater construction projects address two aspects of stormwater management; water quantity (facilities that convey storrawater runoff) and water quality (facilities that reduce pollution). The Utility also incurs costs related to the operation and maintenance of stormwater facilities located throughout the City. These costs include, but are not limited to catch basin cleaning; detentionlretention basin sediment removal; inspecting, cleaning, and repairing storm sewers; and mowing/maintaining drainage swales and basins. For each customer, the amount of credit will be proportional to the savings provided to the Utility by the customer's stormwater facility. Customers are entitled to a credit if they perform operation and maintenance, including capital costs for repair and replacement, of a facility that significantly reduce the Utility's responsibilities in processing stormwater, including drainage from off-site sources. Customers must provide an annual maintenance record documenting all maintenance procedures conducted including inspections, mowing, and trash/sediment removal. Failure to operate or maintain the facility shall be reason for forfeiture of the credit. No credits shall be granted for the City's costs associated with administering the Utility's stormwater management program. Since all residents receive the benefits (protection of property and improved public health and safety) associated with the development and operation of the Utility, all property owners within the City will bear these costs. Table 1 presents the Utility's total projected stormwater management costs as well as local and system -wide percent spending for Fiscal Year 2002. Table 1 STORMWATER MANAGEMENT PROJECTED ANNUAL EXPENSE FV2002%2bb to 200712008 Total Program Cost Percent Total Cost Percent System -Wide Percent Local Administration $ 95,000 3 3 0 Engineering/Planning $ 50,000 2 2 0 Operation & Maintenance $ 855,000 28 10 18 Capital Improvement $2,025,000 67 43 24 TOTAL $3,025,000 100 58 42 Credits for each property will be evaluated by the Stormwater Utility Manager or designee on an individual basis. Absent special circumstances, systems maintained in subdivisions on a project -wide basis shall be evaluated and the credits granted to the lots therein on a prorated basis. Credit requests must be applied for in writing by the property owner using the Application for Stormwater Credit Form. Guidelines for maximum allowable credits are contained in Table 2. Credit determinations, however, shall be on an individualized basis and not all applicants will receive the maximum credits listed therein. Table 2 STORMWATER FEE MAXIMUM CREDIT GUIDELINE City of Sebastian I. Discharge Outside City System a. No Upstream Drainage 42% b. Upstream 0.25 to 0.5 square mile 52% c. Upstream > 0.5 square mile 65% II. Out -fall to City System a. No Upstream Service 25% b. Upstream 0.25 to 0.5 square 31% Mile c. Upstream Service > 0.5 square 42% Mile For example, a residential development that provides and maintains a complete curb and gutter system, treats its water, and then has fall -out to a major City canal may be entitled to the full 25% credit, while a commercial property that merely treats its water on-site and then has out -fall to a local collector ditch will get a lesser credit. The residential property is handling all the local collection functions for the Utility while the commercial property in the example essentially only provides basic water -quality treatment. Applications for storm water utility fee credits can be obtained and should be submitted to the Growth Management Office, City Hall, 1225 Main Street, Sebastian, Florida. A renewal request form shall be available for subsequent years. After the application form and related materials have been submitted, the application will be reviewed and processed by a City agent for conformance to the regulations listed below. A City agent will review the application within 30 working days, unless extensive modification to the application or extenuating circumstances require additional time. If the application is approved, the conditions of approval will be noted upon the application. If the application is rejected, or modified, reasons for rejection or modification will be noted on the application. Credit request applications and renewal requests for Fiscal Year 2002/2003 and subsequent years must be filed by June I" of each year in order to avoid having the full stormwater fee appearing on the customer's property tax bill. IV. Leeal Effect and Appeal Appeals of a determination as to fee credits must be taken pursuant to the provisions of City Code Section 102-107(a). This fee credit policy, maximum credit guidelines, and the procedural requirements herein may be revised by the City at its discretion at any time. ADOPTED AND EFFECTIVE this 1s` day of October, 2001. Terrence R. Moore City Manager