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ORDINANCE NO. ~-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH ESTABLISHING
STORMWATER UTILITY FEES AND PROVIDING FOR
THE IMPOSITION OF STORMWATER UTILITY FEES ON
ALL DEVELOPED PROPERTY WITHIN THE CITY;
PROVIDING DEFINITIONS; PROVIDING A SCHEDULE
OF RATES; PROVIDING FOR BILLING, PAYMENT AND
PENALTIES; PROVIDING FOR ADJUSTMENT OF
FEES;PROVIDING FOR CAPITAL CONTRIBUTIONS;
PROVIDING FOR PROGRAM ADMINISTRATION;
PROVIDING FOR THE ESTABLISHMENT OF A
STORMWATER UTILITY MANAGEMENT FUND;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach plans, constructs,
operates, and maintains a stormwater management system;and
WHEREAS, the City is authorized by the Florida Constitution and
the provisions of Florida Statutes Chapter 166 and Section
403.0893 to construct, reconstruct, improve and extend
stormwater utility systems and to establish just and equitable
rates, fees and charges for the service and facilities provided
by the system.
WHEREAS, the City has conducted a study to determine an
equitable system of fees, rates and charges necessary to fund
the management and operation of the City's stormwater management
system.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH;
Section 1. There is hereby created Article VII of
Chapter 26 of the Code of Ordinances of the City of Boynton
Beach which shall be as follows:
Sec. 26-400. Purpose and Intent.
The purpose and intent of this Article is to establish
stormwater utility fees sufficient to plan, control,operate, and
maintain the City's stormwater management system.
Sec. 26-401. Definitions
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
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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
for 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 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 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 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
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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.
Sec. 26-402. Stormwater management utility fee.
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.
Sec.26-403 Schedule of rates.
(a) The director is directed to prepare a list of lots and
parcels within the city and
residential, nonresidential or
parcel.
assign a classification of
undeveloped to each lot or
(b) the monthly charge per ERU for all improved properties
within the City of Boynton Beach corporate limits shall be one
dollar ($1.00). The City Commission may, from time to time, by
Resolution amend the monthly charge established in this section.
(c) 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 x number of
dwelling units).
(d) The fee imposed for nonresidential properties as
defined herein shall be the rate for one (1) 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
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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 (1) ERU.
Sec. 26-404. Billing and payment; penalties.
(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. Any unpaid stormwater utility fees
shall constitute a lien on such property except the liens of
state, county and municipal taxes and shall be on a parity with
the lien of such state, county and municipal taxes. Such lien,
when delinquent for more than thirty (30) days, may be
foreclosed by the city in the manner provided by the laws of
Florida for the foreclosure of mortgages on real property.
(b) For properties normally receiving monthly utility
bil'ls 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 ten dollars ($10.00) 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.
Sec. 26-405. Adjustment of fees.
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(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 stormwater management
utility fees and who believes the contribution
rate component of his 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 (1)years.
(4) The owner requesting the adjustment may be
required, at his own cost, to provide
supplemental information to the director
including, but not limited to, survey data and
engineering reports, performed by either a
registered professional land surveyor currently
registered in the State of Florida or a
professional engineer currently registered in the
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State of Florida. Failure to provide such
information may result in the denial of the
adjustment request.
(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 thirty (3) days of receipt of such
denial, appeal to the board for review of the denial.
(1) The board shall complete its review within sixty
(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.
Sec. 26-406. Capital contributions.
Procedures and standards developed by the director shall
define appropriate means by which to optimize development
capital contributions in the implementation of basic specific
stOrmwater systems. These basic specific capital contributions
shall take the form of "fee-in-lieu-of" or "availability
charges". Each situation will be analyzed by the director, and
a speCific written decision will be developed. The application
as defined as follows:
(1) Fee-in-lieu-of is applied to a site-specific
negotiated procedure, wherein a development's
stormwater contribution (quantity and quality) is
assessed its share of the capital needs of the
facilities required to serve the development in
question. This capital contribution would be
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used to implement city-owned stormwater
facilities. The process does not apply wherein
the stormwater facilities are privately held.
Each application is evaluated against the city's
stormwater master plan for the watershed involved
or, while the master plan is incomplete, the
cumulative impacts from the development.
(2) Availability charge is administered on a site-
specific basis identical to the fee-in-lieu-of
procedure noted above; the only difference is
that the capital investment advanced by the city
in implementing a stormwater facility is not
recovered through an availability charge. The
capital charge is determined on a prorata share
of the capacity used by the new applicant or by
the cumulative impact from the development upon
all impacted facilities.
Sec. 26-407. Program administration.
It shall be the duty of the director to administer the
storm-water utility program. The director shall keep an
accurate record of all persons using the services and facilities
of said stormwater management utility of the city and make
changes in accordance with the rates and charges established in
this chapter or by resolution
Sec. 26-408. Stormwater utility enterprise fund.
There shall be established a stormwater utility enterprise
fund for the deposit of all fees and charges collected bY the
stormwater utility. These funds shall be for the exclusive use
of the city's stormwater management utility including, but not
limited to, the following:
(1) Stormwater management services, such as studies,
design, permit review, plan preparation and
development review.
(2) Operation, maintenance, repair and replacement of the
stormwater collection, storage, treatment and
conveyance infrastructure.
(3)Project costs related to constructing major or minor
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(4)
structural improvements to the stormwater-related
infrastructure as provided in the city-wide stormwater
management plan.
Administrative costs associated with the management of
the stormwater utility fee.
Debt service financing of stormwater-related capital
improvements defined in the city-wide stormwater
management plan.
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(6)
Funding of studies including water quantity and
quality monitoring, aerial photography, and
geotechnical work associated with the planning of the
stOrmwater-related infrastructure.
Section 2: Ail ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 3: Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
Ordinance shall become effective
affect the remainder of this Ordinance.
Section 4: This
immediately upon passage.
FIRST READING this
SECOND,
7 day of ~~~
FINAL READING and PASSAGE this
, 1993.
, 1993.
day of
CITY OF BOYNTON BEAC/t, FLORIDA
ATTEST:
CITY CLERK
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