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