§ 20-123. Stormwater utility rate.

(a)

The rate to be charged for one (1) ERU shall be as determined and established by resolution by the city council from time to time and kept on file in the office of the city clerk.

(b)

The fee imposed for residential properties shall be the rate for one (1) ERU multiplied by the number of individual dwelling units existing on the property (ERU rate × the number of dwelling units).

(c)

The fee imposed for nonresidential properties as defined herein shall be the rate for one (1) ERU multiplied by the numerical factor obtained by dividing the total impervious area of a nonresidential property by the value of one (1) ERU (2,000) as follows:

Fee = ERU rate × ( impervious area/2,000 )

The finance director shall be responsible for the determination of 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.

(d)

The minimum fee for any nonresidential parcel shall be equal to the rate for one (1) ERU.

(e)

The owner of any developed nonresidential property may submit a written application to the finance director for a reduction (credit) in the corresponding stormwater utility fee, which reduction shall be determined according to the following criteria and procedures:

(1)

Criteria.

a.

Minimum threshold to qualify for credit: No credit (fee reduction) shall be allowed unless the site contribution ratio (SCR) exceeds 0.1 (ten per cent (10%)).

b.

Maximum credit: No credit (fee reduction) shall exceed fifty per cent (50%) (one-half) of the unadjusted gross stormwater utility fee, even if the SCR exceeds 0.5.

c.

Method to calculate the credit (fee reduction):

1.

Determine the standard retention volume (SRV), as defined above, for the site.

2.

Determine the actual retention volume (ARV), as defined above, for the site.

3.

Divide the ARV by the SRV to obtain the site contribution ratio (SCR), as defined above—i.e. ARV/SRV = SCR.

4.

Determine the fee reduction multiplier (FRM), as defined above—i.e. 1 minus the SCR.

5.

Determine the unadjusted gross stormwater utility fee for the site by multiplying the number of ERU's times the stormwater utility rate.

6.

Determine the net stormwater utility fee by multiplying the FRM by the unadjusted gross stormwater utility fee subject to the following limitations: (a) If the FRM does not exceed 0.1, no credit shall be given. (b) If the FRM exceeds 0.5, the FRM shall be deemed to be 0.5 for calculating the net fee.

7.

Example of fee calculation for hypothetical site "X":

(a)

Assume SRV = 16,000 cf (impervious area × 0.79).

(b)

Assume ARV = 3,000 cf.

(c)

Assuming 11 ERU's at $5.00/ERU/mo. gives an unadjusted gross stormwater utility fee of $55.00/mo. or $660.00/year.

(d)

Then to determine the SCR, the ARV is divided by the SRV—i.e. ARV/SRV = SCR (3,000/16,000 = .1875).

(e)

The FRM is then determined by 1-SCR—i.e. 1-.1875 = .8125.

(f)

Finally, to determine the net stormwater utility fee, the unadjusted gross stormwater utility fee is multiplied by the FRM—i.e. $55.00 times .8125 = $44.69 (monthly) or $44.69 times 12 = $536.28 (yearly).

8.

Example of fee calculation for hypothetical site "Y":

(a)

Assume SRV = 348,000 cf (impervious area × 0.79).

(b)

Assume ARV = 100,000 cf.

(c)

Assuming 174 ERU's at $5.00/ERU/mo. gives an unadjusted gross stormwater utility fee of $870/mo. or $10,440/year.

(d)

Then to determine the SCR, the ARV is divided by the SRV—i.e. ARV/SRV = SCR (100,000/348,000 = .2874).

(e)

The FRM is then determined by 1-SCR—i.e. 1-.2874 = .7126.

(f)

Finally, to determine the net stormwater utility fee, the unadjusted gross stormwater utility fee is multiplied by the FRM—i.e. $870 times .7126 = $620.47 (monthly) or $620.47 times 12 = $7,445.64 (yearly).

9.

Example of fee calculation for hypothetical site "Z":

(a)

Assume SRV = 156,000 cf. (impervious area × 0.79).

(b)

Assume ARV = 15,000 cf.

(c)

Assuming 74 ERU's at $5.00/ERU/mo. gives an unadjusted gross stormwater utility fee of $370/mo. or $4,440/year.

(d)

Then to determine the SCR, the ARV is divided by the SRV—i.e. ARV/SRV = SCR (15,000/156,000 = 0.096).

(e)

However, due to the fact that the SCR does not exceed 0.1, no credit shall be given.

(2)

Procedure for obtaining reduction in fee.

a.

The finance director shall notify all nonresidential property-owners of record of the city's "stormwater credit (fee reduction)" program, including a brief description of how it works.

b.

The property-owner shall submit a formal written request to the finance director if he desires a credit for his property. The application fee for processing this request shall be twenty-five dollars ($25.00), to be paid when the request is submitted to the city.

c.

Community development department staff shall check the site development records of the city to determine whether they provide the data showing that the stormwater management system of the property was approved and built in accordance with the city's current standard. If the records show the affirmative and provide the necessary data to calculate the FRM factor, the finance director shall calculate the net stormwater utility fee and shall notify the applicant in writing, indicating the amount of the fee and how it was calculated, with no further proof being required of the applicant. In such case, the net stormwater utility fee for the property shall take effect as soon as practicable following the determination of the finance director.

d.

However, if city records do not show the necessary data for the property, the finance director shall so determine, and he shall so advise the applicant in writing, indicating the data that the applicant must furnish to the city. In such case, the applicant shall bear the burden of proof to determine and provide to the satisfaction of the city the site contribution ratio (SCR) as set forth in this section. The required proof from the applicant must include documentary certification from a Florida registered professional engineer showing how the SCR was determined. Upon receipt of the required documentation, the city engineer shall examine it and determine whether or not the showing is acceptable to him.

e.

If the showing of the applicant is verified by and acceptable to the city engineer, the city engineer shall so inform the finance director, who shall make the corresponding determination and so notify the applicant in writing, with no further proof being required of the applicant; in such case, the stormwater utility fee for the property shall be adjusted accordingly as soon as practicable following the determination of the finance director. However, if the applicant's showing is not acceptable to the city engineer, the city engineer shall provide the finance director with the written rationale behind his finding; in such case the finance director shall make a determination of unacceptability and shall so notify the applicant in writing stating the rationale supporting the determination.

f.

Retrofit. Even after an initial determination by the city of the amount of credit for a particular property, at any time thereafter the property-owner has the option of improving the stormwater management system of the property and applying to the finance director for an additional credit by following the applicable procedures previously set forth herein. No retrofit credit shall be granted until such time as the improvements have been completed and determined to be functional and acceptable by the city engineer.

(3)

Continuation of stormwater fee credit dependent upon proper maintenance of stormwater facilities. After a particular property receives a stormwater fee credit, annually thereafter the city shall inspect the site's stormwater facilities 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 fee credit shall be continued. However, if the city inspection determines that they are improperly maintained and not functioning properly, the city shall notify the property-owner to correct the deficiency within sixty (60) days. If the deficiency is corrected to the satisfaction of the city within the sixty-day period, the stormwater 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 sixty (60) days, the city may cancel the stormwater fee credit until the necessary corrections are made.

(4)

Special deferred payment classification for nonresidential properties with impervious surface area of one million square feet or more. Any such property will be allowed to defer payment of up to fifty per cent (50%) of its normal stormwater facility fee obligation if the property-owner enters into a written agreement with the city which provides that the deferred portion of the fee obligation be set aside by the property-owner for the purpose of constructing stormwater facilities which will bring the stormwater management system of the property up to the city standard within five (5) years of the date of the agreement. The city shall relinquish any claim to those deferred payment funds which are actually used to upgrade the stormwater facility system on the site within the five-year period; however, any such funds that have not actually been expended for that purpose by the end of the five-year period shall immediately become due and payable to the city.

(Ord. No. 89-23, § 3, 8-22-89; Ord. No. 95-03, §§ 2, 3, 3-28-95)