As used in this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BENEFITTED PROPERTY. All parcels of real property located within the City that receive a benefit from the Stormwater Management Services and/or Stormwater Management Facilities.
CAPITAL COST. All or any portion of the expenses that are properly attributable to the acquisition, construction, design, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of Stormwater Management Facilities under generally accepted accounting principles and including reimbursement to the City for any moneys advanced for Capital Cost and interest on any inter-fund or intra-fund loan for such purposes.
CITY. The City of Palm Bay, Florida.
CODE. The City of Palm Bay Code of Ordinances.
DEPARTMENT. The City of Palm Bay Public Works Department.
DIRECTOR. The City of Palm Bay Public Works Director or his designee.
DRAINAGE BASIN. A part of the earth's surface that contributes Stormwater runoff to a drainage system, which consists of diffuse surface waters, together with all natural or artificial tributary surface streams and/or bodies of impounded surface water.
FISCAL YEAR. A twelve (12) month period commencing on October 1 and concluding on September 30 of the following calendar year, or such other twelve (12) month period as may be adopted by the Utility.
MS4. A Municipal Separate Storm Sewer System as designated by the United States Environmental Protection Agency and defined in 40 CFR 122.26(b)(8), is a conveyance or system of conveyances that is owned by a state, city, town, village or other public entity including special districts under state law such, that discharges to waters of the U.S., is designed or used to collect or convey stormwater (including storm drains, pipes, ditches, etc.), is not a combined sewer, and is not part of a publicly-owned treatment works.
PROJECT COST. (A) the Capital Cost of one or more Stormwater Management Facilities, (B) the Transaction Cost associated with the Obligations to finance such Stormwater Management Facilities, (C) interest accruing on such Obligations for such period of time as the City deems appropriate, (D) the debt service reserve fund or account, if any, established for the Obligations which financed the Stormwater Management Facilities, and (E) any other costs or expenses related thereto.
STORMWATER. Any surface runoff and drainage of water from land surfaces, including both impervious and pervious Areas.
STORMWATER ASSESSMENT. Either a Stormwater Improvement Assessment, a Stormwater Service Assessment, or both.
STORMWATER CHARGE. A Stormwater Assessment, a Stormwater Utility Fee, or both.
STORMWATER IMPROVEMENT ASSESSMENT. A special assessment imposed by the City to fund the Capital Cost or the debt service and related cost of an Obligation issued to finance the Project Cost of one or more Stormwater Management Facilities.
STORMWATER MANAGEMENT AREA. A geographic area established by the Resolution of the City Council in accordance with Section 174.092 hereof within which Stormwater Management Services and/or Stormwater Management Facilities are to be provided.
STORMWATER MANAGEMENT FACILITY. The systems, capital facilities, lands, and water bodies utilized in collecting, conveying, storing, managing, and treating Stormwater generated within the City. The term includes but is not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components as well as natural waterways.
STORMWATER MANAGEMENT SERVICE. (A) management and administration of the City's Stormwater Management Utility, including administration, planning, and permitting requirements; (B) Stormwater program engineering; (C) Drainage Basin planning; (D) Stormwater Improvements to be acquired or constructed within a reasonable time horizon without the issuance of any debt or borrowing; (E) operating and maintaining the City's Stormwater Management Facilities, including extraordinary maintenance; (F) billing and collection of Stormwater Service Assessments and Stormwater Service Fees, including customer information and educational services and reserves for statutory discounts; and (G) legal, engineering and other consultant services.
STORMWATER MANAGEMENT SYSTEM or SYSTEM. The network of facilities, both natural and man-made, utilized in collecting, conveying, storing, managing, and treating Stormwater, including but not limited to lakes, canals, rivers, streams, swales, culverts, pipes, wetlands, detention and retention basins, manholes, channels, drainage easements, and infiltration facilities, which convey stormwater from the point of first impact with the surface of land to the receiving water.
STORMWATER MANAGEMENT UTILITY or UTILITY. That division within the City Public Works Department which constructs, operates and maintains the Stormwater Management System and otherwise performs the powers and duties described in this subchapter.
STORMWATER SERVICE ASSESSMENT. A special assessment imposed by the City against benefitted property within a Stormwater Management Area to fund all or any portion of the Stormwater Service Cost properly attributable to the Stormwater Management Services provided by the City to such assessed property.
STORMWATER SERVICE COST. The estimated amount for any Fiscal Year of all expenditures and reasonable reserves that are properly attributable to the Stormwater Management Service provided within the Stormwater Management Area under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the City for any moneys advanced for the Stormwater Management Service, and interest on any interfund or intrafund loan for such purpose.
STORMWATER UTILITY FEE. A fee reasonably related to service provided by the City to property to fund all or any portion of the Stormwater Service Cost or Project Cost for a Stormwater Management Facility for such property at a just, fair, reasonable, and equitable rate based upon such property's Stormwater burden, the reasonable relationship to benefits received, and the reasonable cost of providing Stormwater Management Services and/or Stormwater Management Facilities to such property.
STORMWATER UTILITY FUND. An enterprise fund associated with a specific Stormwater Management Area for maintaining Stormwater Service Charges collected by the City within such Stormwater Management Area.
(Ord. 2010-33, passed 8-17-10; Am. Ord. 2011-62, passed 12-1-11; Am. Ord. 2016-29, passed 5-19-16; Am. Ord. 2020-29, passed 7-2-20)