HomeMy WebLinkAbout2001 - Request to adopt O-01-16 -Stormwater UtilityordINV me
ORDINANCE NO. 0-01-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V
SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City presently owns and operates a stormwater system which
has been developed over a number of. years to serve the purpose of collecting, purifying
and disposing of storm and other surface waters, and is in the process of expanding,
constructing and improving the system; and
WHEREAS, the city is authorized by the provisions of Florida Statutes Chapter
166, the Florida Constitution, the City Charter, and Fla. Stat. § 403.0893, to construct,
reconstruct, improve, and extend stormwater utility systems, to issue revenue bonds and
other debts if needed to finance in whole or part the cost of such a system, and to
establish just and equitable rates, fees, and charges for the services and facilities provided
by the system; and
WHEREAS, this stormwater management system benefits and services all
property within the City both directly and, less obviously, by keeping streets open for
passage as well as by monitoring and minimizing pollution levels in adjoining
waterways; and
WHEREAS, based upon empirical functions of personnel serving the City's
stormwater needs, the resources needed to perpetuate the stormwater system for an
undeveloped lot are not substantially different from those needed to perpetuate the
stormwater system for a developed lot; and
WHEREAS, the cost of operating and maintaining the city stormwater
management system and financing necessary repairs, replacements, improvements, and
extensions thereof should, to the extent practicable, be allocated in an equitable manner
among those who are served by the system; and
WHEREAS, the City Council has determined that it is in the public interest to
establish a stormwater utility in accordance with Florida law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended to create Chapter 102, Article V Sebastian Stormwater Utility beginning with
section 102-100 which shall read as follows:
Sec. 102-100. Utility established.
There is hereby created and established in the City, in accordance
with section 403.0893 of the Florida Statutes, a stormwater
management utility entitled the Sebastian Stormwater Utility. This
utility shall be responsible for the city's stormwater management.
Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 102-101 which shall read as
follows:
Sec. 102-101. Powers and authority.
The Sebastian Stormwater Utility shall have all powers necessary for
the exercise of its responsibility for the drainage from all properties
within the City, including, but not limited to, the following:
(1) Preparation of plans for improvements and betterments to
the stormwater management system.
.(2) Construction. of improvements and betterments to the
stormwater management system.
(3) Promulgation of regulations for the use of the stormwater
management system, including provisions for enforcement of
such regulations.
(4) Review and approval of all new development permits within
the City for compliance with stormwater management
regulations included in present city ordinances or ordinances
later adopted.
(5) Performance of routine maintenance and minor improvement
to the stormwater management system.
(6) Establishment of charges for connection and use of the
stormwater management system.
(7) Evaluation of water quality concerns for discharges to the
stormwater management system.
(8) Performance of all normal utility functions to include
construction, operation, and maintenance of the city's
stormwater management system, including, but not limited
to, the hiring of staff, the selection of special consultants, the
entering into contracts for services and construction of
facilities, and the handling of purchase, lease, sale or other
rights to property for the stormwater management system.
(9) Issuance of revenue bonds or other debt instruments for the
purpose of performing those duties as described herein.
Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 102-102 which shall read as
follows:
Sec. 102-102. Definitions.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
Calculated impervious surface of an E.R.U. For purposes of
determining a stormwater fee, the calculated impervious surface of
an ERU shall be deemed to be 3,285 square feet.
Developed nonresidential property. Property zoned for uses
other than for residential purposes upon which improvements have
been constructed.
Developed residential property. Property zoned for
residential use upon which is constructed one or more dwelling units.
This would include single-family or multi -family dwellings,
condominiums and duplexes.
Equivalent residential unit (ERU). The statistical average
horizontal impervious area of all residential units in the city.
Exempt property. Property which shall not subject to a
stormwater fee, which is limited to:
a. Common areas within multi -family areas.
b. Property which is perpetually designated for
conservation land uses or which, because of its
environmentally sensitive character, cannot be
developed under present environmental protection
regulations.
c. Publicly owned road and drainage right-of-way.
Undeveloped parcels. Unimproved property zoned for uses
other than for single-family residential purposes or property zoned for
residential uses upon which no subdivision improvements have been
constructed.
Undeveloped single-family residential property. Property
improved .and subdivided into single-family residential lots upon
which no dwellings have been constructed.
Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 102-103 which shall read as
follows:
Sec. 102-103. Stormwater fee; imposition and calculation of.
(a) Imposition. A stormwater fee is hereby imposed upon all
property within the city unless otherwise exempted, for services and
facilities provided by the stormwater management system. For
purposes of imposing the stormwater fee, the city has obtained the
services of a consulting engineer to develop the statistical rationale
for providing just and equitable rates, fees, and charges for the
facilities and services provided by the system.
(b) Application and classification.
(1) Developed residential property. Each dwelling unit
shall be billed at a flat fee of one ERU per month.
(2) Undeveloped single family residential property. Each
undeveloped single family lot shall be billed for one
ERU multiplied by a correction factor of 0.67 to
calculate the flat monthly rate.
(3) Undeveloped parcels. Each undeveloped parcel shall
be billed at a rate determined by dividing the total land
area of the properties, in square feet, by 11,154 which
represents the square footage of a statistically
average residential building site in the City, multiplied
by a correction factor of 0.67 to arrive at the number
of ERUs for that parcel.
(4) Developed nonresidential property. Each parcel of
developed nonresidential property shall be billed at a
rate determined by dividing the total impervious area
of the parcel by the Calculated Impervious Surface of
an ERU to arrive at the number of ERUs for that
parcel.
(5) Exempt property. Service charges shall apply to all
properties within the city, including those properties
classified as nonprofit or tax-exempt for ad valorem
tax purposes. Service charges shall apply to all
government properties, including properties of the
city, including the city -owned buildings, parks, and
other properties. However, Exempt Property shall not
subject to a stormwater fee.
(c) Within the guidelines and procedures established by
administrative regulations duly promulgated by the Utility, a
landowner may apply for a credit for constructed retention facilities
pursuant to South Florida Water Management District requirements
or for the existence of atypical physical features to the site, and the
City shall reasonably determine said credit based upon the equitable
pro -rata decrease in the total services required of the utility in
providing the systemic benefits of stormwater management to the
property.
Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 102-104 which shall read as
follows:
Sec. 102-104. Establishment of fee.
There is hereby established as the initial fee for one
equivalent residential unit (E.R.U.) the sum of $4 for each month.
Said fee shall continue in effect unless and until the City Council, by
resolution passed by supermajority, establishes a different rate for
any fiscal period following the 2001-2002 fiscal year.
Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 102-105 which shall read as
follows:
Sec. 102-105. Collection.
(a) Fees for the Sebastian Stormwater Utility levied pursuant to
the code shall constitute a non -ad valorem assessment, as set forth
in F.S. ch. 197 and shall be collected pursuant to the uniform method
of assessing, billing and collecting of the same. The stormwater fee
is to be henceforth assessed annually to the owner of each parcel
which is subject to the stormwater fee. The assessment roll prepared
on electronic medium by Camp, Dresser & McKee, September 15,
2001, from records provided by the Property Appraiser of Indian
River County, Florida, and as modified annually hereafter, is hereby
adopted for this purpose, The period for which the fee is charged
shall coincide with the City's fiscal year.
(b) The City may utilize any other method available under the
law to collect the stormwater utility fee provided herein, including
placement of a lien against the subject property and any real or
personal property of landowner, effective as of October 1 of each
fiscal period and charged until the same has been paid in full, and
said lien thereby created shall be co -equal with the lien of all state,
county, district and municipal taxes, superior in dignity to all other
liens, titles, and claims, until paid and shall be enforceable in
accordance with all available provisions of law.
Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 102-106 which shall read as
follows:
Sec. 102-106. Stormwater utility trust fund; use of funds.
(a) There shall be established a Sebastian Stormwater Utility
Fund for the deposit of all fees collected pursuant to this Article.
(b) The stormwater utility fund shall be used exclusively to
provide funding for the stormwater management program.
(c) No less than 80% of utility fees shall be used to fund
capital improvement projects as delineated and programmed in the
Stormwater Master Plan adopted by City Council.
Section S. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 102-107 which shall read as
follows:
Sec. 102-107. Appeal of fee amount; procedure.
(a) After having paid in full all utility fees invoiced against his
property, any property owner shall have the right to appeal either the
utility fee charged, or a credits determination pursuant to Section
102-103(c), with respect to his property as follows:
(1) Within 30 days of either the initial mailing of the utility
fee bill, or the written determination as to credits,
whichever date is relevant, the property owner shall
have the right to appeal to the city council. The city
council shall have 30 days from the receipt of the
notice of appeal within which to hold a hearing on the
appeal and thereafter shall render a determination.
(2) If the appellant prevails and it is decided a refund is
due, the refund amount shall be in accordance with
the determination on appeal but shall not include any
interest on the refunded fee.
(3) Upon filing of a proper petition within thirty (30) days
of the determination of City Council, said
determination may be reviewed in the Circuit Court by
writ of certiorari upon the record made before the City
Council.
(b) Notwithstanding the provisions set forth above, any property
owner shall have until December 1, 2001, to request a review by the
City Manager of the utility fee. bill for fiscal year 2001-2002 for claims
of errors in classification or calculation. As a condition of requesting
such review, the property owner must pay his good -faith estimate of
the fees actually due. The City Manager may deny the appeal or
modify the amount of the fee. The owner may appeal the City
Managers determination to City Council within thirty (30) days and
thereafter follow the procedures set forth in subsections (a)(1) _ (3)
above. Any claims relating to a credits determination pursuant to
Section 102-103(c) must be appealed in accordance with the
standard procedure set forth above.
Section 9. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section numbered section 102-108 which shall read as follows:
Sec. 102-108. Additional regulations.
The City Manager may promulgate reasonable regulations
concerning the operation of the Sebastian Stormwater Utility, with
said regulations subject to modification or nullification by resolution
of the City Council.
Section 10. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 11. SEVERABILITY. In the event a court of competent jurisdiction
shall hold that any part of this Ordinance is invalid, the remainder of the Ordinance shall
not be affected and it shall be presumed that the City Council did not intend to enact such
invalid provision. It shall further be assumed that the City Council would have enacted
the remainder of this Ordinance without said invalid provision, thereby causing said
remainder to remain in full force and effect.
Section 12. EFFECTIVE DATE. Following its adoption by the City Council,
this Ordinance shall take effect October 1, 2001.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
Mn Y and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes pue
Vice -Mayor Ben A. Bishop nde
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr. noe
Councilmember James Hill oe
The Mayor thereupon declared this Ordinance duly passed Edid adopted this 26°" day of
September, 2001.
CITY OF SEBASTIAN, FLORIDA
By: �J&N' .!) 4&-f,.r�
Mayor Walter Barnes
ATTEST:
Approved as to form and legality for
reliance by the City of Sebastian:
Sally A. o, CMC
City Clerk
Rich 9tnnger, City Atto