HomeMy WebLinkAboutOrdinance_467_01/13/1994
ORDINANCE NO. 467
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, CREATING A STORMWATER UTILITY SYSTEM;
SPECIFYING THE PURPOSES, RATES, BILLING
METHODS AND CONTRIBUTIONS FOR SAID SYSTEM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 1, Florida
Constitution (1968), and Chapter 166, Florida Statutes, as amended,
the Village Council of the Village of Tequesta, has all of the
powers of local self government to perform Village functions and to
render Village services in a manner not inconsistent with general
or special law, and such power may be exercised by the enactment of
Village ordinances; and
• WHEREAS , the Federal Clean Water Act , 3 3 U . S . C . 12 51 et . seq . ,
requires certain political entities such as the Village, to
implement stormwater management programs within prescribed time
frames; and
WHEREAS, pursuant to the Federal Clean Water Act, 33 U.S.C.
1251 et. seq., the United States Environmental Protection Agency
has published proposed rules for stormwater out fall permits; and
WHEREAS, the Village of Tequesta is responsible for the
ownership, maintenance and expansion of the existing stormwater
system which has been developed over a number of years for the
purpose of collecting and disposing of stormwater; and
WHEREAS, the Village of Tequesta is developing a village wide
stormwater management plan; and
WHEREAS, said plan indicates that the present system is
inadequate to control and manage stormwater runoff within the
incorporated limits; and
WHEREAS, said plan has additionally concluded that it will be
necessary and essential to construct improvements and extensions to
the existing system to insure that the collection and disposal of
stormwater within the incorporated Village limits adequately
. protects the health, safety and welfare of the citizens of the
Village of Tequesta; and
• WHEREAS, it is necessary and essential that the Village
address the various environmental issues that will further burden
its infrastructure requirements; and
WHEREAS, the Village is authorized by the Florida Constitution
and the provisions of Florida Statute Chapter 166 and Florida
Statute Section 403.0893 to construct, reconstruct, improve, and
extend stormwater utility systems and to issue revenue bonds and
other debts if necessary to finance in whole or in part the cost of
such system and to establish just and equitable rates, fees and
charges for the services and facilities provided in the system.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of the Village of Tequesta, Florida,
is hereby amended by the creation of a new Chapter 19 thereof to be
entitled "Stormwater Utility" to read and provide as follows:
Sec. 19-1. Short Title.
This chapter shall be known as the "Stormwater Utility Code"
of the Village.
Sec. 19-2. Findings and Determinations.
• It is hereby found, determined, and declared as follows:
A. Those elements of the stormwater management system which
provide for the collection of and disposal of stormwater and
regulation of groundwater are of benefit and provide services to
all property within the incorporated Village limits, including
property not presently served by the stormwater elements of the
system.
B. The costs of operating and maintaining the Village
stormwater management system and financing the necessary repairs,
replacements, improvements and extensions thereof should, to the
extent practicable, be allocated in relationship to the benefits
enjoyed and services received therefrom.
Sec. 19-3. Definitions.
For the purpose of this ordinance, 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 meaning given by common and
ordinary use.
• 2
• Availability charge means a charge to a developer or
individual resident to recover the debt service and extension and
replacement costs paid on the stormwater management system facility
that has been previously constructed, but which serves such
developer or individual resident.
Cost of construction means the cost reasonably incurred in
connection with providing capital improvements to the system or any
portion thereof, including but not limited to the costs of:
1. Acquisition of all property, real or
personal, and all interests in connection
therewith including all rights-of-way and
easements therefore;
2. Physical construction, installation and
testing, including the costs of labor,
services, materials, supplies and utility
services used in connection therewith;
3. Architectural, engineering, legal and
other professional services;
4.
ma is
not
and
• 5.
due
Insurance premiums taken out and
ntained during construction, to the extent
paid for by a contractor for construction
installation;
Any taxes or other charges which become
during construction;
6. Expenses incurred by the Village or on
its behalf with its approval in seeking to
enforce any remedy against any contractor or
subcontractor in respect to any default under
a contract relating to construction;
7. Principal of and interest of any bonds;
and
8. Miscellaneous expenses incidental
thereto.
Debt service means, with respect to any particular fiscal year
and any particular series of bonds, an amount equal to the sum of
1. All interest payable on such bonds during
fiscal year, plus
2. Any principal installment of such bonds
during such fiscal year.
• 3
• Developed property means real property which has been altered
from "natural" state by the addition of any improvements such as a
building, structure, or impervious surface. For new construction,
property shall be considered developed pursuant to this ordinance:
1. Upon issuance of a certificate of occupancy,
or upon completion of construction or final
inspection if no such certificate is issued; or
2. If construction is at least fifty percent
complete and construction is halted for a period of
three (3) months.
•
Director means the chief administrative officer of the utility
as recommended by the Village Manager and confirmed by the Village
Council.
Dwelling unit means a single unit or apartment providing
complete, independent living facilities for one or more persons
including permanent provisions for the living, sleeping, eating,
cooking and sanitation.
Equivalent Residential Unit or ERU means the average
impervious area of residential developed property per dwelling unit
located within the Village and as established by separate ordinance
of the Village of Tequesta as provided herein.
ERU rate means the utility fee charged on each ERU as
established by Council ordinance as herein provided.
Extension and replacement means costs of extensions, additions
and capital improvements to, or the renewal or replacement of
capital assets of, or purchasing and installing new equipment for,
the stormwater management system, or land acquisition for the
system and any related cost thereto, or paying extraordinary
maintenance and repair, including the costs of construction, or any
other expenses which are not costs of operation and maintenance or
debt service.
Fee in lieu of means a charge to a developer or individual
resident to recover:
1. The costs of
service on the new
system facility which
individual resident;
construction and debt
stormwater management
serves such developer or
or
2. The extension and replacement costs
necessitated by development undertaken by such
developer or individual resident.
• 4
• Fiscal year means the twelve month period commencing on the
first day of October of any year or other such twelve month period
adopted as the fiscal year of the utility.
Impervious area means all areas covered by structures and
impervious amenities such as roofed and paved areas, including, but
not limited to, areas covered by roofs, roof extensions, patios,
porches, driveways, sidewalks, parking areas and athletic courts.
Non-residential developed property means any developed lot or
parcel not exclusively residential as defined herein, including
hotels or motels zoned commercial, or as determined by Village
utility records or a field inspection.
Operating budget means the annual stormwater utility operating
budget adopted by the Village for the succeeding fiscal year.
Operations and maintenance means the current expenses, paid or
accrued, of operation, maintenance and current repair of the
system, as calculated in accordance with sound accounting practices
and includes, without limiting the generality of the foregoing,
insurance premiums, administrative expenses, labor, executive
compensation, the cost of materials and supplies for current
operations, and charges for the accumulation of appropriate
reserves for current expenses not annually incurred, but which are
such as may reasonably be expected to be incurred in accordance
• with sound accounting principles.
Property appraiser means the office of the county property
appraiser.
Revenues means all rates, fees, assessments, rentals or other
charges or other income received by the utility, in connection with
the management and operation of the system, including amounts
received from the investment or deposit of monies in any fund or
account or any amounts contributed by the Village, all as
calculated in accordance with sound accounting practice.
stormwater means rain water as it falls to the earth, surface
run off and drainage, and paths taken by such water.
stormwater management system or system means the existing
stormwater management facilities/structures of the Village and all
improvements thereto which by this ordinance are constituted as the
property and responsibility of the utility, to, among other things,
conserve water, control discharges necessitated by rainfall events,
incorporate methods to collect, convey, store, absorb, inhibit,
treat, use or reuse water to prevent or reduce flooding, over-
drainage, environmental degration and water pollution or otherwise
affect the quality and quantity of discharge from the system.
5
Stormwater management utility board shall mean a board
consisting of three or five members appointed by the Village
Council who shall hear appeals of rate adjustments and recommend to
the Village Council capital projects and budget priorities for the
utility.
Undeveloped property means property which has not been altered
by the addition of any improvements such as a building, structure,
impervious surface, change of grade or landscaping.
Utility fee means a utility fee authorized by Florida law and
this ordinance which is established to pay operations and
maintenance, extension and replacement and debt service.
Vacant improved property means vacant property which has or is
served by any subdivision improvements.
Vacant improved single family Zots means any individual lot of
vacant improved property which is limited by zoning ordinance to
single family use.
Stormwater utility or utility means the utility created by
this ordinance to operate, maintain and improve the system.
Sec. 19-4. Establishment of stormwater utility.
• A. The stormwater utility is hereby established by the
Village Council to provide for the general welfare of the Village
and its residents.
B. The director shall be the chief staff member of the
utility.
Sec. 19-5. Operating budget.
The Village shall adopt an operating budget not later than the
first day of each fiscal year. The operating budget shall set
forth for such fiscal year the estimated revenues and the estimated
costs for operations and maintenance, extension and replacement and
debt service.
Sec. 19-6. Required levels of rates for utility fees.
The Village Council shall require that adequate revenues are
generated to provide for a balanced operating budget by at least
annually setting sufficient levels of utility fees.
Sec. 19-7. Imposition of utility fees.
The Council hereby authorizes the imposition of utility fees
on all property within the Village.
6
• Sec. 19-8. Rate schedule.
Property classification.
For purposes of determining the utility fee, all property
within the area of operation shall have one of the following
classifications
1. Residential developed property;
2. Non-residential developed property; or
3. Undeveloped property.
Sec. 19-9. Billing, payment and penalties.
The utility fee is to be paid by the owner of each parcel
subject to the fee. If the property is tenant-occupied, the
property owner may request that the Village bill the tenant for
such fee. Such instructions must be in writing. All properties,
except the undisturbed parcels shall be rendered bills or
statements for the use of these services and facilities of the
system by the Village utilities department. These bills or
statements shall be payable at the same time and in the same manner
and subject to the same discontinuance of service by the Village
utility as set forth under the terms and conditions of Chapter 18
• of the Code of the Village of Tequesta.
Any payment remaining unpaid on an owner-occupied property for
a period of thirty (30) days or on a tenant-occupied property for
ninety (90) days, shall constitute a lien in favor of the Village
against the property serviced, and the proper Village officials are
authorized and directed to record a lien for such unpaid fee in the
public records of Palm Beach County, Florida. Such lien shall be
superior in dignity to any encumbrances on the said property,
whether occurring prior to or subsequent to such lien being
recorded, except for tax liens, and may be foreclosed by the
Village attorney as provided by law.
Sec. 19-10. Adjustment of fees.
A. Owner or tenant initiated adjustments.
Request for adjustment of the utility fee shall be submitted
to the director, who shall have authority to adjust the fee, to
develop and administer the procedures and standards, and to review
criteria for the adjustment of such fees as established herein.
All requests shall be reviewed strictly on the basis of the amount
of impervious area on the property. No credit shall be given for
the installation of facilities required by Village or County
development codes or State stormwater rules. The following
• ~
• procedures shall apply to all requests for adjustment of the
stormwater utility fee:
1. Any owner or tenant who believes the
utility fee is incorrect may, subject to the
limitations set forth in this section, submit
a request for adjustment to the director.
2. The request for adjustment shall be in
writing and shall set forth, in detail, the
grounds upon which the correction is sought.
3. Requests for adjustment for the utility
fees shall require that the person making the
request pay the fee in advance.
4. The owner or tenant requesting the
adjustment may be required, at his own cost,
to provide supplement information to the
director including, but not limited to, survey
data certified by a professional land surveyor
and/or engineering reports approved by a
professional engineer and acceptable to the
director. Failure to provide such information
may result in a denial of the adjustment
request.
• 5. Requests for adjustment made during the
first calendar year that the utility fee is
imposed will be reviewed by the director
within a two (2) month period from the date of
filing of the request for adjustment.
Adjustments resulting from such request shall
be retroactive to the beginning of the
billings, but retroactive adjustments shall
not exceed one (1) year.
6. The adjustment to the utility fee will be
made upon the granting of the adjustment
request, in writing, by the director. A
denial of a request for adjustment shall be
made in writing by the director, a copy of
which shall be provided to the owner.
7. The director, upon discovering an error
or oversight in the calculation of the fee,
may initiate a request for adjustment. The
request must be made in writing documenting
the reasons for the adjustment. In the event
that the adjustment would require an increase
in fee for a fee payor, the director must
• provide the request for adjustments to the
8
. affected fee payor
adjusting the fee
opportunity within
to provide reasons
not be made.
thirty (30) days prior to
and offer the fee payor an
the stated thirty (30) days
why the adjustment should
8. A rate adjustment, if granted, will apply
retroactively to the date at which the
erroneous information was applied to the fee
payor's fee, but will not exceed one (1) year
prior to the request for adjustment.
B. All determinations of the director pursuant to this
section may be appealed to the stormwater utility board for review
of the denial. These appeals must be filed within thirty (30) days
of receipt of the written determination of the director. The
stormwater utility board shall complete their review within sixty
(60) days of receipt of said request for review. The board's
determination on the review shall be in writing and set forth in
detail the reasons for their decision. In reviewing denials of
requests for adjustment, the stormwater utility board shall apply
the following standards and review criteria:
1. Existing or special characteristics of
the site or parcel for which the adjustment
request is made;
• 2. The amount of on site impervious area;
3. Twenty-five (25) year frequency twenty-
four (24) hour duration storm criteria will be
the minimum standard recognized by the
director;
4. Ponds, exfiltration systems or positive
drainage facilities must meet applicable
Village, State and Federal requirements
including groundwater protection devices and
out fall treatment conveyance systems required
by all governing bodies;
5. Ponds, exfiltration systems or positive
drainage facilities must be maintained
according to Village standards, and must
function in accordance with the required
Village design standards; and
6. Adjustments will not be granted for
swimming pools, reflecting pools, existing
open ditch systems and swales.
• 9
• Sec. 19-11. Delinquent stormwater utility fees.
All stormwater utility fees not paid within thirty (30) days
after the bill is due shall be considered delinquent. All
stormwater utility fees delinquent hereunder shall be subject to:
1. An interest charge at the Florida
statutory rate, and
2. A rebilling charge covering
administrative costs.
Sec. 19-12. Capital contributions.
A. Where the Village has constructed or plans to construct
stormwater facilities which are proposed to be used by a developer
in lieu of a facility usually required to be constructed by a
developer, the Village may accept a capital contribution from the
developer and waive certain construction requirements.
B. Procedures and standards developed by the Village shall
define appropriate means by which to optimize the developer's
capital contributions in the construction or refunding of
stormwater systems. These capital contributions shall take the
form of fee in lieu of or availability charges. Each situation
will be analyzed by the Village and a specific written decision
• will be developed. The application of each is 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 used for
the construction or refunding of Village owned
stormwater facilities. The process does not
apply wherein the stormwater facilities are
privately held. Each application is evaluated
against the Village's master plan, or where
the master plan is incomplete, against 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 Village in implementing a
stormwater facility is now recovered through
an availability charge. The capital charge is
determined on a pro rata share of a capacity
used by the new applicant as measured by the
• 10
• cumulative impact from the development upon
all impacted facilities applied to the present
worth of the original capital expenditure. In
the case of a developer constructing
stormwater management facilities in excess of
the site needs, the Village may enter an
agreement with that developer to rebate fee in
lieu of charges paid to the Village by other
developers utilizing those facilities over a
period of time not exceeding seven (7) years
from the date of the agreement.
C. All development subject to the provisions of Section 19-8
shall pay a fee calculated consistent with Section 19-9 herein.
Sec. 19-13. Program responsibility.
It shall be the duty of the director to administer the
stormwater management utility. The director shall keep an accurate
record of all persons using the services and facilities of the
stormwater management system of the Village and to make changes in
accordance with the rates and charges established by this ordinance
and accompanying ordinances.
Sec. 19-14. Stormwater utility board.
• A stormwater utility board is hereby created which shall
consist of three (3) or five (5) members appointed by the Village
Council. All members shall be property owners in Palm Beach County
and be either residents of the Village of Tequesta or business
owners in the Village.
The board shall meet a minimum of two (2) times per year
during April and May to review the next fiscal year's capital
projections list and to set budget priorities for the next fiscal
year. In addition, the board shall comment on the goals and
priorities of the stormwater utility on an annual basis and meet as
necessary to hear appeals of rates.
Board membership and terms are to be as follows:
Position Initial term Category
1 two years civil engineer
2 two years real estate/appraisal
3 three years finances/retail
4 three years c o n s t r u c t i o n
(engineering/contractor/
• developer)
11
• 5 three years at large (resident, lay
person)
All terms after the initial term would be for three years.
Sec. 19-15. Flooding; liability.
Floods from stormwater run off may occasionally occur which
exceed the capacity of storm drainage facilities constructed,
operated or maintained by funds made available under this chapter.
This chapter shall not be construed or interpreted to mean that
property subject to the fees and charges established herein will
always (or at any time) be free from stormwater flooding or flood
damage, or that stormwater systems capable of handling all storm
events can be cost-effectively constructed, operated, or
maintained. Nor shall this chapter create any liability on the
part of, or cause of action against, the Village, or any official
or employee thereof, for any flood damage that may result from such
storms or the run off thereof. Nor does this chapter purport to
reduce the need or necessity for obtaining flood insurance by
individual property owners.
Sec. 19-16. stormwater management utility fund.
There shall be established a stormwater management utility
fund for the deposit of all fees collected pursuant to this
• article. The fund will be used exclusively to provide services and
facilities related to the stormwater management program. The funds
shall be used only for the following expenditures and shall be held
as trust funds of the Village:
1. Operation and maintenance of stormwater
management facilities under the jurisdiction
of the Village;
2. Costs for the evaluation, design,
construction management, and construction of
major and minor structural improvements of the
stormwater management infrastructure;
3. Administrative costs related to the
management of the stormwater management
program;
4. Management services such as permit review
and planning and development review related to
the stormwater management program; and
5. Debt service financing of capital
improvements related to the stormwater
management program.
• 12
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of
this Ordinance which can be given effect without the invalid
provisions or applications, and to this end, the provisions of this
Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts thereof
which conflict with this or any part of this Ordinance are hereby
repealed.
Section 4. Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
Section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Councilmember
Earl L. Collings , who moved its adoption. The Ordinance
was seconded by Councilmember Elizabeth A. Schauer and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
i Joseph N. Capretta
Ron T. Mackail
William E. Burckart
Elizabeth A. Schauer
Earl L. Collins
The Mayor thereupon declared the Ordinance duly passed and
adopted this 13th day of January lyg4•
ATTEST:
illage Cler
JCR\131530RD\FORM.STORMwAT
13
MAYOR OF TEQUESTA
~ `~~~~~
Ron T. Mackail