ORDINANCE NO. 2016-13 AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA RELATING TO ARTICLE V, STORMWATER UTILITY; RESTATING AND AMENDING DEFINITIONS; ESTABLISHMENT OF THE STORMWATER DRAINAGE UTILITY, DUTIES, IMPERVIOUS SURFACE CALCULATION, APPEAL OF IMPERVIOUS SURFACE CALCULATION, UTILITY FEE, STORMWATER MANAGEMENT FUND AND FEE COLLECTION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Port Orange established the Stormwater Utility and in 2005 pursuant to Ordinance No. 2005-24 dated June 28, 2005 collected the Non-Ad Valorem Assessment by utilizing the uniform method of stormwater utility fee collection as authorized in Section 197.3632, Florida Statutes, and as agreed upon with the Volusia County Property Appraiser and Tax Collector; and WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City of Port Orange to restate and amend the Stormwater Utility as set forth herein. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PORT ORANGE, FLORIDA, as follows: SECTION ONE: The City Council of the City of Port Orange, Florida hereby restates and amends Article V. Stormwater Utility, Sections 74-156 through 74-164 to read as follows: Sec. 74-156. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Beneficiaries of drainage service means all developed real properties within the city which benefit by the provision of maintenance, operation and improvement of the stormwater control system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff, improvement in general health and welfare through reduction of undesirable stormwater conditions and improvements to the water quality in the storm and surface water system and its receiving waters.
Commercial unit means any building or facility used other than as a dwelling unit or for industrial purposes and which has not been converted to equivalent dwelling units. Contributors of drainage waters shall include all developed real properties within the city. Developed means any property altered in appearance by removal of vegetation, grading of the ground surface and construction of a structure or impervious surface. Director means the director of the stormwater drainage utility, appointed or designated by the city manager. Dwelling unit means single-family unit or multiple dwelling unit located within a parcel and occupied for residential purposes as defined in Section 74-156. Fee means the stormwater drainage utility fee enacted herein and set by resolution. Hydrologic response means the manner and means by which stormwater collects upon real property and is conveyed from real property, and which is a function dependent upon a number of interacting factors, including, but not limited to, topography, vegetation, surficial geologic conditions, antecedent soil moisture conditions and groundwater conditions. The principal measures of the hydrologic system may be stated in terms of total runoff volume, as a percentage of total precipitation which runs off, or in terms of the peak rate of flow generated in the event of a storm of given duration and intensity, or statistical interval of return (frequency). Impervious surfaces means those hard-surfaced areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions prior to development, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development, including impacts to normal water in ponds and lakes. The following surfaces are considered impervious: Apartment Detached Barn Block Encl. Pool Block Wall Cabana Canopy Carport Finished Carport Residential Carport Unfinished Community Swimming Pool Adult Community Swimming Pool Children Cooler Walk-in Crypts, Mausoleum 2
Enclosed Porch Fin Masonry Enclosed Porch Fin Wood Finished Pool Enclosure Finished Enclosed Porch Garage Masonry Finished Garage Wood Finished Garage Wood Unfinished Garage, Masonry Unfinished Gazebo Glass Wall Enclosure Grand Stand Concrete Greenhouse In Ground Shelter Loading Platform Covered Loading Platform Uncovered Open Porch Finished Open Porch Unfinished Patio/Concrete Slab Paving Asphalt (Grade Est by Size) Paving Concrete (Grade Est by Size) Pole Barn Pool Enclosure, Wood/Block Pump Island Racquetball Court Reinforced Concrete Silo Rest Room Facility Screen Enclosure Residential Screen Enclosure Structure Screen Porch Finished Screen Porch Residential Screen Porch Unfinished Stable, Racing Storage Building Storage Building Storage Building Storage Building Masonry Storage Building Wood Tennis Court Tennis Court Light Unfinished Enclosed Porch Unfinished Residential Utility 3
Vinyl Enclosed Porch Warehouse Prefab Multiple dwelling unit means a building or facility consisting of more than one dwelling unit, each such unit consisting of one or more rooms with bathroom and kitchen facilities designed for residential occupancy by one family, where the units are not sold or deeded as single-family units. Open drainageway means a natural or manmade open-cut which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation, such as swales, ditches, canals, streams and creeks. Peak flow means the highest momentary rate of water flow, measured or estimated in cubic feet of water per second. It is differentiated from total flow volume by the introduction of a unit of time measure during which the maximum rate of flow is measured, calculated or estimated. Runoff control means any means approved by the city engineer by which the peak rate of stormwater runoff from developed land surfaces is reduced and the erosion created by stormwater is reduced. Single-family unit (SFU) means one or more rooms with bathroom and kitchen facilities designed for occupancy by one family such as townhouses, condominiums, zero lot-line and any other unit for residential purposes, etc., where the units are sold and deeded as single-family units. and/or have individual water meters. Total flow means the accumulative volume of water discharged from a property, basin or watershed. The total flow is quantified in measures such as acre feet or cubic feet of water. Utility means the stormwater drainage utility created hereby. Sec. 74-157. - Creation of stormwater drainage utility. Pursuant to the home rule power of article VIII, section 2(b), Florida Constitution, and F.S. Ch. 166 and the powers granted in the charter of the city, the city council does hereby establish a stormwater drainage utility and declare its intention to acquire, own, construct, equip, operate and maintain open drainageways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a complete storm drainage system; and also including maintenance, extension and reconstruction of the present storm drainage system of the city; to minimize by suitable means the system's contribution to flooding; and to seek the cooperation of the county and other municipalities in minimizing the contribution of all such systems and other sources of accelerated runoff to such flooding. 4
Sec. 74-158. - Duties. The utility, under the direction of the director thereof, shall have the power to: (1) Prepare regulations as needed to implement this article, and forward the same to the city council for consideration and adoption, and adopt such procedures as are required to implement such regulations or carry out other responsibilities of the utility. (2) Administer the acquisition, design, construction, maintenance and operation of the utility system, including capital improvements designated in the comprehensive drainage plan. (3) Administer and enforce this article and all regulations and procedures adopted relating to the design, construction, maintenance, operation and alteration of the stormwater system including, but not limited to, the quantity, quality and/or velocity of the stormwater conveyed thereby. (4) Inspect private systems as necessary to determine the compliance of such systems with this Code and any regulations adopted under this chapter. (5) Advise the city council, city manager and other city departments on matters relating to the utility. (6) Prepare and revise a comprehensive drainage plan for adoption by the city council at least every five years. (7) Review plans, approve or deny, inspect and accept extensions to the system. (8) Establish and enforce regulations to protect and maintain water quality within the stormwater and surface water system in compliance with water quality standards established by state and/or federal agencies as now adopted or hereafter amended. (9) Analyze the cost of services and benefits provided, and the system and structure of fees, charges, fines and other revenues of the utility annually to ensure an equitable, adequate and stable utility rate and fee structure and to achieve a stable financial position for the utility. Sec. 74-159. - Impervious surface calculation. (a) All developed property, except dwelling units, single-family, in the city shall have their square footage impervious area calculated in order to establish their single-family unit equivalency. (b) The city council has determined that property not used for dwelling units is furnished service in proportion to the amount of the property's impervious surface and that for each 3,050 square feet of impervious surface the property is furnished service equivalent to that furnished a dwelling unit. The minimum service charge shall be that established for 3,050 square feet of impervious area. 5
Sec. 74-160. - Appeal of impervious surface calculation. Any person disagreeing with the calculation of impervious surface as determined by the utility may appeal such determination to the city engineer. Any appeal must be filed in writing and shall include a survey prepared by a registered surveyor showing total property area and impervious surface area. Based upon the information provided by the utility and appealing party, the engineer shall make a final calculation of impervious surface. The city engineer shall notify the parties, in writing, of his decision. If still dissatisfied, a party may request, in writing, a review by the city manager of the city engineer's decision. Such request must cite specific error by the city engineer and the calculation which the party feels is correct. The city manager shall review the record presented and render a written decision as soon as practical. He may request additional information from either party. If still dissatisfied, a party may appeal the city manager's decision to the city council in the same manner as preceding. The decision of the city council shall be final. Sec. 74-161. - Utility fee established. (a) Subject to the provisions of this article, there is hereby imposed on each and every developed lot or parcel of land within the city and the owners thereof a stormwater drainage utility fee. This fee is deemed reasonable and is necessary to pay for the operation, maintenance, administration and capital improvements of the existing city stormwater drainage facilities and the operation, maintenance, administration and capital improvements of such future stormwater drainage facilities as may be established within the city and to pay for the design, right-of-way acquisition and construction or reconstruction of stormwater drainage facilities to the extent that such costs have been determined to be the responsibility of developed properties. All of the proceeds of this fee are deemed to be in payment for use of the city stormwater drainage system. The fee shall be established by resolution of the city council. (b) The service charges are based on the square footage of impervious area, such that for each 3,050 square feet of area or increments thereof the property shall be charged an additional single-family unit charge. (c) In addition to the stormwater drainage utility fee established in subsection (a) of this section, there is hereby imposed on each and every developed lot or parcel of land within the city and the owners thereof a capital facilities charge as a portion of the stormwater drainage utility fee. The capital facilities charge shall be based upon the volume of water draining from such developed lot or parcel of land into the stormwater drainage management facilities of the city. The capital facilities charge is deemed reasonable and is necessary to pay for capital improvements of the existing city stormwater drainage facilities and capital improvements of such future stormwater drainage facilities as may be established within the city. The capital facilities charge shall be established by resolution of the city council. 6
(d) The full amount of the capital facilities charge of the stormwater drainage utility fee shall be charged on all developed residential property. The amount of the capital facilities charge of the stormwater drainage utility fee for developed nonresidential property shall be determined in accordance with paragraphs (1), (2), (3), (4) or (5) below. (1) If the stormwater drainage management facilities serving the property reduce the volume of stormwater draining into stormwater drainage management facilities of the city by an amount less than 25 percent, the property shall be charged an amount equal to 100 percent of the capital facilities charge of the stormwater drainage utility fee. (2) If the stormwater drainage management facilities serving the property reduce the volume of stormwater draining into stormwater drainage management facilities of the city by an amount equal to or greater than 25 percent but less than 50 percent, the property shall be charged an amount equal to 75 percent of the capital facilities charge of the stormwater drainage utility fee. (3) If the stormwater drainage management facilities serving the property reduce the volume of stormwater draining into stormwater drainage management facilities of the city by an amount equal to or greater than 50 percent but less than 75 percent, the property shall be charged an amount equal to 50 percent of the capital facilities charge of the stormwater drainage utility fee. (4) If the stormwater drainage management facilities serving the property reduce the volume of stormwater draining into stormwater drainage management facilities of the city by an amount equal to or greater than 75 percent but less than 100 percent, the property shall be charged an amount equal to 25 percent of the capital facilities charge of the stormwater drainage utility fee. (5) If the stormwater drainage management facilities serving the property reduce the volume of stormwater draining into stormwater drainage management facilities of the city by an amount equal to 100 percent, the property shall not be charged any amount of the capital facilities charge of the stormwater drainage utility fee. (e) In order to reduce the total number of stormwater drainage retention basins utilized for stormwater management, to pay a portion of the cost thereof, and to provide for the orderly growth within commercial and industrial districts, the city establishes the following stormwater drainage utility fee credit against the capital facilities charge of the stormwater drainage utility fee. (1) Prior to designing and constructing a regional stormwater drainage retention basin within a commercial or industrial district or to serve a commercial or industrial district, the city may enter into an agreement with one or more owners of property within such commercial or industrial district which requires such owner or owners to pay all or part of the construction costs of said regional stormwater drainage retention basin. Each developed lot or parcel of land within such commercial or industrial district (a "surcharged lot") shall be eligible for a stormwater drainage utility fee credit in an amount not to exceed $2.00 per month or $24.00 per year per ERU against the capital facilities portion of the stormwater 7
drainage utility fee. The amount and term of the credit for each commercial or industrial district served by such regional stormwater drainage retention basin shall be established by resolution of the city council. (2) The amount of the credit described in this subsection shall be determined under paragraphs a. or b. below. a. If the property owner pays to the city a lump sum payment of the lot's prorata share of the cost of the regional stormwater drainage retention basin, then the property shall be eligible for a credit equal to the full amount of the capital facilities charge of the stormwater drainage utility fee. The pro-rata share shall be based upon one-half of the proportion of ERUs of the lot to the permitted design capacity of the required regional stormwater drainage retention basin. b. If the property owner pays to the city a portion of the lump sum payment described in paragraph a. above, then the property shall be eligible for a credit equal to the difference between the full amount of the capital facilities charge of the stormwater drainage utility fee and the amount necessary to amortize the balance of the lump sum payment amount over a period of ten years or as otherwise provided in the agreement between the city and the property owner (at an assumed interest rate equal to the city's then-current average cost of funds), provided that such credit shall in no event exceed the capital facilities charge of the stormwater drainage utility fee. (f) The city may retain a maximum of two percent of the funds collected from stormwater drainage utility fees on an annual basis to offset the city's reasonable administrative costs associated with the collection and administration of said fund. The amount of the city's reasonable administrative costs in connection with the collection and administration of these funds shall be documented as part of the city's annual budget process. Any funds retained by the city to offset the city's reasonable administrative costs in connection with the collection and administration of said funds shall be placed in a separate city account which account shall be used solely for administrative expenses incurred by the city in the collection and administration of funds collected from stormwater drainage utility fees. (1) Properties which voluntarily upgrade stormwater drainage management facilities to comply with current Land Development Code standards in effect on the date of construction of such facilities shall be eligible for a stormwater drainage utility fee credit in an amount not to exceed the full amount of the capital facilities charge of the stormwater drainage utility fee. (2) The amount of the monthly credit described in this subsection shall be determined under paragraphs a., b., c., d. or e. below. a. If the upgraded stormwater drainage management facilities reduce the volume of stormwater draining from the property in an amount less than 25 percent, the property shall not be eligible for any credit in any amount of the capital facilities charge of the stormwater drainage utility fee. 8
b. If the upgraded stormwater drainage management facilities reduce the volume of stormwater draining from the property in an amount equal to or greater than 25 percent but less than 50 percent, the property shall be eligible for a credit in the amount of 25 percent of the capital facilities charge of the stormwater drainage utility fee. c. If the upgraded stormwater drainage management facilities reduce the volume of stormwater draining from the property in an amount equal to or greater than 50 percent but less than 75 percent, the property shall be eligible for a credit in the amount of 50 percent of the capital facilities charge of the stormwater drainage utility fee. d. If the upgraded stormwater drainage management facilities reduce the volume of stormwater draining from the property in an amount equal to or greater than 75 percent but less than 100 percent, the property shall be eligible for a credit in the amount of 75 percent of the capital facilities charge of the stormwater drainage utility fee. e. If the upgraded stormwater drainage management facilities reduce the volume of stormwater draining from the property in an amount equal to 100 percent, the property shall be eligible for a credit equal to the full amount of the capital facilities charge of the stormwater drainage utility fee. (3) Such credit shall apply for a period until the aggregate amount of the credit shall equal the cost incurred to upgrade such stormwater drainage management facilities (but not to exceed ten years). (g) Procedures for obtaining credits. (1) The property owner shall submit a formal written request to the director if he desires a credit for his property. The application shall set forth the facts and circumstances necessary to determine eligibility for a credit and the amount of any credit. The director shall advise the applicant in writing as to any additional information required. Based upon the information provided by the utility and the property owner, the director shall make a final determination of the availability of any credits. The director shall notify the property owner, in writing, of his decision. If dissatisfied, a property owner may request, in writing, a review by the city manager of the director's decision. Such request must cite specific error by the director and the calculation which the property owner believes to be incorrect. The city manager shall review the record presented and render a written decision as soon as practical. He may request additional information from either party. If still dissatisfied, a property owner may appeal the city manager's decision to the city council in the same manner as preceding. The decision of the city council shall be final. (2) After a particular property receives a stormwater drainage utility fee credit, annually thereafter the city shall inspect the stormwater drainage facilities serving the site in order to determine whether those facilities are maintained and functioning properly. If the city inspection determines that they are maintained and functioning properly, the stormwater drainage utility fee credit shall be 9
continued. However, if the city inspection determines that they are improperly maintained and not functioning properly, the city shall notify the property owner or owners to correct the deficiency within 60 days. If the deficiency is corrected to the satisfaction of the city within the 60-day period, the stormwater drainage utility fee credit shall continue in effect until the next annual inspection. However, if the deficiency is not corrected to the satisfaction of the city within 60 days, the city may cancel the stormwater drainage utility fee credit until the necessary corrections are made. (h) In adopting any stormwater drainage utility fee, the city will separately identify the amount of such fee which shall be eligible for the credits established in subsections (e) and (f) of this section, which portion is designated the capital facilities charge. No credit shall exceed the applicable capital facilities charge of the stormwater drainage utility fee. (i) No property shall be eligible for more than one credit established in either subsection (e) or (f) of this section. (j) The credits established in subsections (e) and (f) of this section shall apply only to applications approved by the city beginning the first month after adoption of this ordinance and before October 31, 1999, unless extended by action of the city council. The city council may revise, modify, rescind or repeal the credits established in subsection (e) or (f) of this section, provided that such action shall not impair or affect the rights provided in a written agreement between the city and a property owner. Sec. 74-162. - Exemptions. The following land uses are exempt from stormwater drainage fees: (1) Public rights-of-way. (2) Vacant unimproved land in its natural state. (Code 1981, 20-111) Sec. 74-163. - Stormwater management fund. (a) All stormwater drainage utility fees collected by the city shall be paid into an enterprise fund which is hereby created, to be known as the stormwater management fund. Such fund shall be used for the purpose of paying the cost of stormwater drainage facilities to be constructed in the various storm drainage basins and paying the costs of operation, administration and maintenance of the stormwater drainage facilities of the city. To the extent that the stormwater management fees collected are insufficient to construct the needed stormwater drainage facilities, the cost of the same may be paid from such city fund as may be determined by the city council, but the city council may order the reimbursement of such fund if additional fees are thereafter collected. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars will be invested to return the highest yield consistent with proper safeguards. (b) 10
(b) The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, repair, maintenance, improvement, renewal, replacement, design, right-of-way acquisition, and construction of public stormwater drainage facilities and costs incidental thereto, and/or to make any debt service, reserve or other payments required by any resolution or ordinance authorizing the issuance of bonds or other obligations for such purposes. (Code 1981, 20-112) (a) Sec. 74-164. - Fee collection. The stormwater drainage utility fee shall be billed monthly for real property lots or parcels owned by a tax exempt church. The Finance Director may combine the monthly bill with the property owner s city utility bill. When billed as a consolidated statement for utility customers, a partial payment shall be applied pro rata to each account billed on the consolidated statement in the proportion that an individual account bears to the total consolidated statement of all current charges on all accounts billed. All such bills for stormwater drainage utility fees shall be rendered monthly by the city and shall become due and payable in accordance with section 2-240 of the Code. The stormwater drainage utility fee may be prorated on a utility customer s initial and final utility bill to reflect actual days of service. If church owned property does not utilize city utilities, the Finance Director may collect the stormwater utility fee by the Non-Ad Valorem Assessment method. The stormwater drainage utility fee for all church owned real property parcels that contain impervious surface and are exempt from ad valorem tax, including but not limited to schools (private/public) churches, and governmental property shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities. The stormwater drainage utility fee for all real property parcels that contain impervious surface and are not included on the non-ad valorem assessment roll for fiscal year 2005-2006 shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities. Stormwater utility fees shall be billed and collected separately as stormwater drainage utility fees for those lots or parcels of land and owners thereof not utilizing other city utilities. All such bills for stormwater drainage utility fees shall be rendered monthly by the city and shall become due and payable in accordance with section 2-240 of the Code. The stormwater drainage utility fee is part of a consolidated statement for utility customers which is generally paid by a single payment. If a partial payment is received, the payment shall be applied pro rata to each account billed on the consolidated statement in the proportion that an individual account bears to the total consolidated statement of all current charges for all accounts. The stormwater drainage utility fee may be prorated on a utility customer's initial and final utility bill to reflect actual days of service. 11
(b) The owner of a Dwelling Unit and the owner of a Commercial Unit located on real property lots or parcels, except if owned by a church, that contain impervious surfaces shall be charged stormwater utility fees using the Non-Ad Valorem Assessment method. Residential property, commercial property or any other property not owned by a church that contains impervious surfaces shall be charged stormwater drainage utility fees using the non-ad valorem assessment method as outlined in F.S. ch. 197. (c) On or before July 1 of each successive year the city shall provide all information for the non-ad valorem assessment roll to the tax appraiser that shall include all residential and commercial property that has been issued between January 1 and May 31, inclusive, a certificate of occupancy or otherwise has completed impervious structures or improvements. Any residential or commercial property that seeks a certificate of occupancy or any other type certificate of completion, between June 1 and September 30, inclusive, shall be required, prior to the issuance of such certificate, to pay, in advance, the applicable fiscal year stormwater drainage utility fee prorated for the time remaining between the date of the certificate and September 30, inclusive, plus one full fiscal year or until the stormwater drainage fee is collected on the non-ad valorem assessment roll. Any residential or commercial property that seeks a certificate of occupancy or any other type certification of completion, between October 1 and the next ensuing September 30, inclusive, shall be required, prior to the issuance of such certificate, to pay, in advance, the applicable fiscal year stormwater drainage utility fee prorated for the time remaining between the date of the certificate and the next ensuing September 30, inclusive. (d) The Finance Director may utilize the Non-Ad Valorem Assessment method administered by Volusia County for collection of stormwater utility fees for real property lots or parcels owned by governmental entities. SECTION 2: CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3: CODIFICATION. The provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Port Orange and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. SECTION 4: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. 12
SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon adoption. ATTEST: MAYOR ALLEN GREEN Robin L. Fenwick, CMC, City Clerk Passed on first reading on the day of Passed and adopted on second and final reading on the day of Reviewed and Approved: Margaret T. Roberts, City Attorney 13