For the purpose of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined herein shall be construed to have the meanings given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
Board means the administrative hearing board, comprised of a representative from the finance department, a representative from the engineering department and a representative from the city manager's office.
Director means the director of the utilities department or his designee.
Dwelling unit means any residential space identified for habitation by members of the same family or as classified by the city building code.
Equivalent residential unit (ERU) means that unit of construction consisting of one (1) dwelling unit (whether single-family, condominium, mobile home, or townhouse unit) for residential purposes; or for commercial or industrial sites, an impervious area equal to one thousand nine hundred thirty-seven (1,937) square feet.
Impervious area or impervious surface means a horizontal surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces.
Residential property means any lot or parcel existing in the city or in the future annexation reserve area as defined in the city's comprehensive plan developed exclusively for residential purposes including, but not limited to, single-family homes, manufactured homes, multifamily, apartment buildings and condominiums and transient rentals such as hotels and motels.
Nonresidential means any developed property not otherwise defined as residential.
Undeveloped property means that which has not been altered from its natural state by the addition of any improvements such as a building, structure, impervious surface, change of grade or landscaping. For new construction, a property shall be considered developed pursuant to this chapter.
(1) Upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or
(2) Where construction is at least fifty (50) percent complete and construction is halted for a period of three (3) months.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 1, 10-18-94)
A stormwater fee is hereby imposed upon each lot and parcel within the city for services and facilities provided by the storm- water management utility. For purposes of imposing the stormwater fee, all lots and parcels within the city are classified into the following three (3) customer classes:
(1) Residential.
(2) Nonresidential, which includes governmental; institutional (tax exempt); commercial; industrial and other.
(3) Undeveloped.
(Ord. No. 93-72, § 1, 12-21-93)
(a) The Director is directed to prepare a list of lots and parcels within the city and assign a classification of residential, nonresidential or undeveloped to each lot or parcel.
(b) The monthly charge per ERU for all improved properties within the City of Boynton Beach corporate limits shall be set by commission. The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year.
(c) The fee imposed for residential properties shall be the rate for one ERU multiplied by the number of individual dwelling units existing on the property (ERU rate) (number of dwelling units).
(d) The fee imposed for nonresidential properties as defined herein shall be the rate for one ERU for each 1,937 square feet of impervious area.
(e) The Director shall be responsible for determining the impervious area, based on data supplied by the county property appraiser, or by the property owner, tenant or developer if such information is unavailable. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on any additions or deletions to the impervious area as approved through the building permit process.
(f) The minimum fee for any nonresidential parcel shall be equal to the rate for one ERU.
(g) There shall be no fee for undeveloped property.
(h) For a period of two years commencing January 1, 2010, and ending December 31, 2011, a $0.25 per ERU per month surcharge shall be collected to fund a five-year fresh water canal aquatic vegetation removal and control program. The surcharge funds collected shall be deposited in a separate “fresh water canal maintenance account” in the stormwater utility enterprise fund.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 2, 10-18-94; Ord. No. 00-14, § 2, 6-6-00; Ord. No. 02-12, § 2, 4-2-02; Ord. 09-047, § 2, 12-15-09; Ord. No. 18-020, § 4, 9-20-18)
(a) Bills or statements for the stormwater utility fee shall be rendered monthly, in accordance with the regular utility billing cycle, by the utility billing division of the city for all properties subject to the fee. Bills shall be payable at the same time and in the same manner and subject to the same penalties as set forth for water. Any partial payment of a combined utility bill shall be applied first to the stormwater utility fee.
(b) For properties normally receiving monthly utility bills for other services, the stormwater utility fee shall be included in the monthly utility bill rendered to the established customer. At the discretion of the city Finance Director, fee waivers for short-term inactive utility accounts accruing fees of $10 or less in a six-month period may be made for purposes of administrative convenience.
(c) For properties not receiving monthly utility bills for other services, the bill or statement for the stormwater utility fee shall be sent to the owner of the property as determined from the tax rolls. The utility billing division may render annual or semiannual billing at the beginning of the defined period on such properties if determined to be in the best interest of the city.
(d) The owner of a property is ultimately responsible for all fees imposed under this chapter.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 16-005, § 2, 3-1-16)
(a) Requests for adjustment of the stormwater management utility fee shall be submitted through the Director, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site, or additional/enhanced stormwater facilities. No credit shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to all adjustment requests of the stormwater utility fee:
(1) Any owner who has paid his or her stormwater management utility fees and who believes the contribution rate component of his or her stormwater management utility fee to be incorrect may, subject to the limitations set forth in this chapter, submit an adjustment request to the Director.
(2) Request for adjustment of stormwater fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater management utility fee is imposed will be reviewed by the Director within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.
(4) The owner requesting the adjustment may, at his or her own cost, provide supplemental information to the Director including, but not limited to facts, opinions or engineering services to substantiate his or her case.
(5) Adjustments to the stormwater management utility fee will be made upon the granting of the adjustment request, in writing, by the Director. Denials of adjustment requests shall be made in writing by the Director.
(b) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the Board for review of the denial.
(1) The Board shall complete its review within 60 days of receipt of said request for appeal. The Board’s determination on the appeal shall be in writing and set forth in detail the reason for its decision.
(2) In evaluating the appeal, the Board shall be bound by the standards and review criteria contained herein.
(3) All determinations of the Board arising out of this section shall be final.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 3, 10-18-94)
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