(A) Creation of stormwater management utility.
(1) Pursuant to the home rule power of Article VIII, 2(b), Florida Constitution, Chapter 166, Florida Statutes and Section 403.0893(1), Florida Statutes, the city does hereby establish a stormwater management utility and declare its intention to acquire, own, construct, equip, operate and maintain open drainage ways, underground storm drains, treatment facilities, equipment and appurtenances necessary, useful or convenient for a complete stormwater management system, and also including maintenance, extension and construction of the present stormwater management system of the city; to minimize by suitable means said system's contribution to flooding; to minimize by suitable means said system's adverse effect on the water quality of lakes, ponds, rivers and basins within the city; and to seek the cooperation of Seminole County and other municipalities in minimizing the effects of all such systems and other sources of accelerated runoff to said flooding and water quality.
(B) Definitions. For the purposes of this section, the following words when used herein shall have the meanings indicated, unless the context clearly indicates otherwise:
ABATEMENT. Any action taken to remedy correct, or eliminate a condition within,
associated with, or impacting a drainage system.
APPLICABLE CONTRIBUTING AREA. The total area in square feet achieved for any given parcel or parcels where the properties gross impervious and pervious surface areas are reduced by their respective runoff coefficients.
BASE RATE. That portion of the stormwater management fee which comprises stormwater services relative to publicly common impervious surfaces including roads, streets, and bridges. In addition, the base rate may include any expenses incurred in the administration of the billing of charges.
BENEFICIARIES OF DRAINAGE SERVICE. Shall include all real property 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 the general health and welfare through reduction of undesirable stormwater conditions and improvement to the water quality in the storm and surface water system and its receiving waters.
CITY. The City of Lake Mary, Florida.
CONTRIBUTING RUNOFF. The area of a parcel from which stormwater will result in runoff. For the city, the contributing runoff of each parcel is estimated as 100% of the square feet of impervious and pervious surface located on the parcel.
CONTRIBUTION RATE. That portion of the stormwater management fee reflective of a particular parcel's individual contributing to runoff.
CONTRIBUTORS OF STORMWATER. Shall include all real properties within the city.
COMMISSION. The City Commission of the City of Lake Mary.
COUNTY. The County of Seminole, Florida.
DEVELOPED PROPERTY. Any property altered in appearance by removal of vegetation, grading of the ground surface and construction of a structure of impervious surface.
DIRECTOR. The Public Works Director or his/her designee.
EQUIVALENT DRAINAGE UNIT (EDU). A standard unit of measure determined to represent the stormwater runoff generated by a typical residential unit (consisting of a weighted average of a single family unit) in the city. Such measure provides a basis for comparing the runoff generated by one parcel with that generated by another. The weighted average contributing area is determined to be 4,576 square feet, and the weighted average shall be used for the purpose of all such computations. The EDU shall be used as the basis for computing monthly charges on residential and non-residential properties.
HYDROLOGIC RESPONSE. 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 ground water 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 AREAS. Those hard surfaced areas which either prevent or severely restricts the entry of water into the 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 to development, including normal water in ponds and lakes.
LOT. A parcel of property located in a platted subdivision. Each developed lot, multiple lots which have been aggregated to create a single developed residential "lot", and multiple adjoining undeveloped lots in single ownership which may not be developed as individual separate lots will be deemed to be a parcel for the purposes of this ordinance.
NATURAL STATE. These surfaces which remain in a state lacking manmade intervention which would deter the natural percolation of stormwater into the soil mantle.
NON-RESIDENTIAL UNIT. Any building, structure or facility used other than as a dwelling unit or single-family unit.
OPEN DRAINAGEWAY. 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.
OWNER. Applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of the building or land.
PARCEL. The area of land for which the EDU calculation is determined for, including all buildings and appurtenances situated thereupon. Except as to property located in platted subdivisions, a parcel of real property will be that quantity of land assigned a parcel number upon the real property tax rolls of Seminole County, Florida.
PEAK FLOW. The highest instantaneous rate of stormwater runoff, 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.
PERVIOUS AREAS. That area within the city which is, under standard conditions, permeable to stormwater runoff and surface water.
PRIVATE. That property or facilities owned by individuals, corporations, and other organizations and not by a city, county, state, or federal government agency.
SERVICE AREA. The corporate limits of the city.
SITE MITIGATION. All private facilities constructed on a parcel of land which provide for the abatement of stormwater to amounts equivalent to vacant property or standards prescribed by the city.
STORMWATER. Means the flow of water which results from and occurs immediately following a rainfall event.
STORMWATER MANAGEMENT FEE. Stormwater management fee enacted herein which is billed on the basis of equivalent drainage units. The stormwater management fee shall include the Base Rate charge and the contribution rate charge.
STORMWATER SYSTEM. The appurtenances, facilities, equipment and services necessary for which the stormwater runoff is conveyed; the peak flow from developed land surfaces is reduced; the erosion created by stormwater is reduced; and/or the water quality of the stormwater runoff is improved within the corporate limits of the city.
TOTAL FLOW. The accumulative volume of stormwater discharged from a property, basin, or watershed. The total flow is quantified in measures such as acre feet or cubic feet of water.
UTILITY. The stormwater management utility created hereby.
VACANT. Any lot or parcel of land that is without any building, structure, appurtenance, or improvements.
VEGETATION. All plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.
(C) Findings, determination and intent. It is hereby found, determined and declared as follows:
(1) Those elements of the stormwater system for the collection of and disposal of storm and surface water are of benefit and provide services to all property within the city including property not presently served by the storm elements of the system.
(2) The cost of operating and maintaining the city's stormwater management utility system and financing necessary repairs, replacements, improvements and extension thereof should, to the extent practicable, be allocated in relationship to the user impacts, benefits enjoyed and services received therefrom.
(3) All property within the city demonstrates a hydrologic response to rainfall events which generates stormwater runoff. The volume, rate, and quality of this runoff will vary with the soil type, land use conditions, topographic conditions, and other variables. In particular, the construction of non-residential units on previously undeveloped property will generally increase the volume and rate of stormwater runoff, and adversely affect its water quality.
(4) It is the intent of this section to establish stormwater management as a city utility and to establish a program of service charges and fees for stormwater management services, which charges and fees are to be charged to all property within the city to accomplish the purposes of said utility.
(D) Stormwater management utility fee.
(1) A stormwater fee is hereby imposed upon each lot and parcel within the city for services and facilities provided by the stormwater management utility system. For purposes of imposing the stormwater fee, all lots and parcels within the city are classified as residential or non-residential. Apartment buildings will be classified as non-residential due to the commercial nature of the property.
(2) The City Manager or his/her designee is directed to prepare a list of lots and parcels within the city and assign a classification of residential or non-residential to each lot or parcel.
(E) Schedule of stormwater management utility fees. The City Commission may by resolution modify or amend the uniform schedule of charges and fees as established herein for the services and uses of the facilities of the stormwater management system by the owner of property using the services and facilities of said system. The initial uniform schedule of charges and fees is as follows:
(1) Residential. Each single family residential unit shall be billed at a flat fee based upon one equivalent drainage unit (EDU) per dwelling unit. Additionally, common areas and/or tracts that fall under the responsibility of a developer/homeowners association and so forth shall be classified and billed as non-residential.
(2) Non-residential. For non-residential properties, the number of equivalent drainage units (EDU) shall be determined. All non-residential properties shall be billed based on the total applicable contributing area of the property divided by the Equivalent Drainage Unit factor and then multiplied by the rate established for an EDU. The calculation of the EDU amount shall be done to the nearest tenth (0.1) of an equivalent drainage unit. Gross parcel area and applicable contributing area shall be determined for each parcel using site plans, tax maps, REDI maps, aerial photos, and any other appropriate information. For non-residential properties, the total bill will be sent to the property owner as determined by the city.
(3) Charge per EDU. The charge per EDU will be $4.00 per month and will consist of a base fee of $1.93 per EDU applicable to all properties, plus a contribution fee of $2.07 per EDU, applicable to all properties. All non-residential property with site mitigation facilities will pay the minimum charge consistent with (4) below.
(4) The minimum charge for developed property, in addition to the base rate charge, shall be a contribution fee of one (1) EDU.
(5) Each lot or parcel of property shall be charged the base rate charge, regardless of its development character, in addition to any contribution charge which may be rendered.
(F) Equivalent Drainage Unit Calculation. The equation for calculating the number of EDUs applicable to any property is as follows:
AR/CA = EDU
Where:
AP = Applicable Contributing Area of Parcel in square feet.
CA = Contributing Area of a residential unit equal to 4,576 square feet.
EDU = Equivalent Drainage Unit.
(G) Appeal of Surface Calculation.
(1) Any person disagreeing with the calculation of EDUs as determined by the city, may appeal such determination to the City Manager or his/her designee. Any appeal must be filed in writing and, as determined by the City Manager, shall include a survey prepared by a registered surveyor showing total property area, in addition to pervious and impervious surface area. Based upon the information provided by the city and the appealing party, the City Manager shall make a final calculation of pervious and impervious surfaces. The City Manager shall notify the parties, in writing, of his/her decision. If still dissatisfied, a party may appeal the City Manager’s decision to the City Commission in the same manner as preceding. The decision of the City Commission shall be final. Any adjustment to the originally determined area shall be retroactive to commencement of the charges and fees, provided said adjustment was requested within one year from the commencement of the charges and fees; thereafter any adjustment to the impervious area shall apply only from the date of the request for the adjustment.
(H) Storm Water Management Fund.
(1) All stormwater management utility fees collected by the city shall be paid into a separate fund which is hereby created, to be known as the "Stormwater Management Proprietary Revenue 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 cost of operation, administration and maintenance of the stormwater system of the city. To the extent that the stormwater management fees collected are insufficient to construct the needed stormwater system, the cost of the same may be paid from such city fund as may be determined by the City Commission, but the City Commission 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 may be invested to return the highest yield consistent with proper safeguards. The revenue derived for the stormwater management utility fees collected by the city may be pledged for the repayment of revenue bonds which may be issued solely upon the security of stormwater utility revenue or combined with other proprietary revenue of the city.
(2) The fees and charges paid shall not be used for general or other governmental or proprietary purport of the city, except to pay for the equitable share of the cost of accounting, management and government thereof and except in combination with other proprietary revenues for purposes of bonding. To the extent that the stormwater fee revenues are combined with other proprietary funds for the purpose of bonding, the percentage bond revenues equating to the percentage of the pledge of stormwater fee revenues shall be used only for the purposes permitted by this appendix. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, repair, maintenance, improvements, renewal, replacement, design, right-of-way acquisition, and construction of public stormwater drainage facilities and costs incidental thereto.
(I) Stormwater management utility fee collection.
(1) The stormwater management utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of developed property utilizing city utilities and billed and collected separately as stormwater management utility fees for those lots or parcels of property and owners thereof not utilizing other city utilities. The start date for the billing of the stormwater management utility fee shall be at the time of site construction approval. All such bills for stormwater management utility fees shall be rendered monthly by the Finance Department and shall become due and payable in accordance with the rules and regulations of the Finance Department pertaining to the collection of utility fees. The stormwater management utility fee is part of a consolidated statement for utility customers which is generally paid by a single payment. In the event that a partial payment is received, the payment shall first be applied to garbage and trash, next applied to stormwater management, next applied to sewer, and finally applied to the water account.
(2) Any charge due hereunder which shall not be paid when due shall bear all approved monthly service charges as permitted by law or by ordinance of the city and may be recovered in an action at law by the city. The delinquent account shall be responsible for all costs of collection to include reasonable attorney's fees whether or not suit is necessary. In addition to any other remedies or penalties provided by this or any other ordinance of the city, failure of any user of city utilities within the city to pay said charges promptly when due shall subject such user to discontinuance of utility services and the City Manager of the city is hereby empowered and directed to enforce this provision as to any and all delinquent users.
(3) In the case that a tenant in possession of any premises or buildings shall pay said stormwater management utility fees, it shall relieve the land owner from such obligation; but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges.
(4) The utility fee hereinabove prescribed shall constitute a debt to the city for which the owner, tenant and/or occupant shall be jointly and severally liable. The records of the city shall be kept open for the inspection by the owner, tenant, or occupant and it shall be the responsibility of an owner, tenant or occupant to ascertain that the prescribed fee or fees are being paid.
(J) Enforcement.
(1) The Director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties tributary to the city's stormwater management system for the purposes of inspections, observations, measurement, and testing in accordance with the provisions of this section and any rules or regulations adopted pursuant hereto.
(2) Any person violating any of the provisions of this section shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation to include reasonable attorney's fees whether or not litigation is necessary.
(Ord. 643, passed 6-17-93; Am. Ord. 1493, passed 8-22-13; Am. Ord. 1497, passed 9-19-13)