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HomeMy WebLinkAboutDocumentation_Regular_Tab 7E_8/15/1991 J VI _1 It,. i+ -- •VILLAGE OF TEQUESTA 0 i�; Post Office Box 3273 • 357 Tcqucsta Drive , , , .t r��t Tcqucsta. Florida 33469-0273 • (407) 575-6200 o ,m `te .9 FAX: (407) 575-6203 ef O 4 N CO MEMORANDUM : ' TO: Village Council FROM: Thomas G. Bradford, Village Manager %i 4e DATE: August 8, 1991 SUBJECT: ENCON Stormwater Utility Management Advisory Committee; Proposed Rule 31-14; Agenda Item As the temporary representative of -Tequesta to the ENCON Stormwater Committee, I attended the first meeting of the same on August 1st. The first meeting was primarily introductory and served to orientate all persons. to the issues at hand and the proposed goals and objectives of the Committee. The primary purpose of the Committee is communications with each governmental entity and with the Governing Board of ENCON relative to the proposed Stormwater Management function of ENCON, if any. At the meeting, a discussion took place regarding a proposed Rule 31- 14 which is scheduled for a Public Hearing before the ENCON Board on August 21. Rule 31-14 was authorized by the ENCON Governing Board in June and authorizes the creation of a Stormwater Management Program, fees and charges associated therewith, responsibility for payment arid enforcement of collections. In my mind, adoption of the Rule on August 21st would be a "cart , before the horse" situation. The Committee is created for communication ' purposes and to help in the defining of . the Stormwater Management role of ENCON, if any. Therefore, it seems premature to act on this Rule at this time. Please note that adoption of the Rule potentially could impact Tequesta's ability to create a Stormwater Utility in the future. I expressed these concerns at the Committee Meeting which were reiterated by the representatives of the Northern Palm Beach County Water Control District, the Town of Jupiter Inlet Colony and the South Indian Water Control District. I Recycled Paper Memorandum: Village Council ENCON Stormwater Utility Management August 8, 1991 Page 2 - I would recommend that the Village Council direct the Village Manager to prepare a letter to the Board of Directors of ENCON stating the Village Council 's position on Rule 31-14 to the effect that the Rule is premature, and any such Stormwater Management Program to be developed by ENCON should evolve from the findings of the proposed Stormwater Utility Management Advisory Committee and, as such, the findings of the Committee in this regard should be in hand prior to the adoption of any Rule proposing a Stormwater Management Program on the part of ENCON. TGB/mk JUL I'AJIv 1 1:47 1 u:LUA K 1 V NU:407 747-9929 4328 P01 000004404( Loxahatchee River Environmental Control District WO JUPITER PARK DlIIV(•JUmITi*,OLORIDA 0;456.6061 TEL.(401)14i-6100•ADM.6 ENO,•(40T)147.1701•OPERATIONS ;,.,..' •-^..r FAX(407)147.0070 - RICHMD C.PINT EXECUT(YI OISECTOR FAX TRANSMISSION COVER VI II TO FAX NUMBER: 575-6203 RECIPIENT: . 8tt4r4 . . . ... FIRM/COMPANY: Village of Tequesta SENDER: Richard C. Dent TOTAL NUMBER OF PAGES ( INCL.' TRANSMITTAL LETTER) : 16 DATE SENT: � - Ou1v 29, 1991 _ COMMENTS: Wr ILULb14 . T-23 ,27-6/12/91-MMJ CHAPTER 31-14 aToIMWATEL MANAGEMENT 31 -14 .001 Definitions 31-14'.001 Scope and Purpose 31-14 .003 Findings and Determinations 31-14.004 Creation of Stormwater Management Program 31-14 .005 8tormwater Management Tees and Charges Classification and Criteria 31-14.006 8ses and Charges For 8tormvater Management 31-14 .p07 Responsibility for Payment , Enforcement of Collections , and Lien . 31.14 .008 Method of Collection 31.14.009 Funding Sources 31-14 . 010 Flooding ; Liability 31-14.011 Violations and Remedies • -1- 31-14.001 Q*Lial.ciaat• The following vords , vhen used herein, shall have the meanings indicated, unless the context indicates otherwise . ( 1) "Act" shall mean the Loxahatchee River Environmental Control Act, Chapter 71-822 , Special Acts of Florida, 1971 , as amended. ( 2) "Consulting Professional" shall mien a qualified professional or firm of professionals licensed in the State of Florida as defined in 403 .0877 , Florida statutes , as amended, and retained by the District to perform the acts and carry out the duties relating to the atormvater Management Program, as required by the, District. ( 3) "District" shall mean the Loxahatchee River Environmental Control District • a special district of the State of Florida. ( 4) "Executive Director" shall mean the Executive Director of the District. ( 3) "Exempt Property" shall mean that property which is determined by the Governing Board of the District to be' exenpt from the payment of the Stormvater Management Pees and charges. ( 6) "Existing Facilities" shall mean the stormvater • features and facilities existing in the District at the time of the enactment of this Rule. -2- JUL-a7- 71 116.1. IV•LV- miv rrr-7747 HJCO r"C1J • � i • ( 7) "Governing Board" shall mean the CovsreLeg Board of the District acting as the governing body of the District. ( 8) "Stormvater Management Fess and- Charges" shell mean the non-ad valorem fees and/or charges imposed by the District pursuant to this Rule and the Act , as emended and supplemented. ( 9) "System" means the stormvater management system which is designed and constructed or implemented to control discharges vhicb are necessitated by rainfall events , incorporating methods to collect , convey , store , absorb , inhibit, treat , use, or reuse water to prevent or reduce flooding , over drainage, environmental degradation, end water pollution or otherwise affect the quantity and quality of discharges from the System. Specific Authority Chapter 71-822 Special Acts of Florida , 1971 , as amended. Law Implemented, Chapter 71-822 , as amended, Sections 6( 2) , ( 6) , ( 9) , ( 11 ) , ( 12) , ( 17) , ( 18) , ( 19) , . (20) , ( 23) , and ( 27) . Bistoryw-Sev 31-14 .0 0 2 it ._tni_LYrB2iM. The scope and purposes of this Rule are: ( 1) To provide for effective management and f ieeecing. for a Stormwater Management Program within the District; (2) To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned etormvater runoff from both a eater quality and eater quantity standpoint ; -3- -. 5 ( 3) To improve the public health', safety , and welfare by providing for the safe and efficient capture and conveyance of stormvater runoff and the correction of stormvater problems; ( 4) To authorize the eatablishmeat and implementation of a master plan for stormvater management including planning, mapping , monitoring , funding , design, coordination, education, renewal , replacement , construction, management , operation, maintenance, inspection, and enforcement ; ( 5) To establish reasonable Stormvater Management Fees and charges ; ( 6) To encourage and facilitate water resources management techniques , including but not limited to the retention/detention of stormvater runoff, minimization of the need to construct storm severs , optimisation of operation and maintenance of stormvater systems , and the enhancement of the environment. Specific Authority Chapter 71-822 Special Acts of Florida, 1971 , as amended. Law Implemented, Chapter 71-822 , as amended, Sections 6( 2) , ( 6) , ( 9) . ( 11) , ( 12) , ( 17) . (18) , ( 19) , ( 20) , (23) , and (27) . History--New 31-14 .003 It is hereby found. determined. and declared, as follows : ( 1) Terminology - That all terms not otherwise defined in this Chapter 31-14 shall have the meaning ascribed to such terms in the Act and/or Chapter 31 , Florida Administrative Code. .4- ( 2) Planning and Rapping - That , ea a means of complying with federal and Itate mandated goals end priorities relating to *tor:water management , to facilitate the implementation of a Stormwater Management Program and provide for the current and future needs of the District with respect to stormvater drainage within the geographical boundaries of the District ; it is in the best interests of the District to map all stormvater drainage features and facilities relating thereto in the District , which exist now and in the future, including but not limited to such storm savers , drains, culverts . retention systems , detention basins , drainage wells , conduits , and appurtenant features , catch basins,, desilting facilities , recharging basins , outfall structures , equipment, and all appurtenances , whether man-made or natural, necessary, useful, or convenient for a unified Stormwater Management System. (3) Water Quality Monitoring - That water quality monitoring of stormvater should be conducted under the unified management of a District-wide System for the purpose of, among other thing■ , reducing or controlling erosion, sedimentation and turbidity , and other pollution of water, danger and damage to life and property, and to protect and encourage the ,use of efficient natural and man-made means to these ends . (4) Public Purpose - That the establishment of the Stormwater Management Program and operation of the System will �r serve a vital public purpose and promote the common interests and provide for the health, safety, and welfare of the citizens of the District. ( 5) Public Benefit That the 8tormwatar Management Program is of benefit and provides value to all properties within the District. ( 6) Cost Benefit - That the ongoing cost of the Stormwater Management Program, to the extent practicable, be allocated to the benefited properties within the District. ( 7) HPDEB Program - That the District be able to assist in the lannia p g, permitting, management , surveillance, and other fieldiservices under the federally approved state Eational Pollutant Discharge Elimination system ( NPDES) program under Section 403 .0885 , Florida Statutes , as amended. Specific Authority Chapter 71-822 Special Acts of Florida, 1971 , as amended. Law Implemented, Chapter 71-822 , as amended, Sections 6( 2) , ( 6) , ( 9) , ( 11) , ( 12) , ( 17) , ( 18) , ( 19) , ( 20) , ( 23) , and ( 27) . History--Sew 31-14.00 4 �iSaS isa�� Q�S�xA�D�..HaaaAr�a`ram• Pursuant to the Act, the District hereby creates and establishes the Stormwater Management Program with elements which include but are not limited to planning, mapping, monitoring, and managing the System, and further may contain elements which include but are not limited to a program for inspection. operation, maintenance, renewal , replacement , and construction of -6- capital improvements of certain etormvater facilities , equipment , and appurtenances necessary, useful , ' or convenient for a complete Stormwater Management Program. The District shall have jurisdiction over the Stormwater Management Program and the responsibility for the administration thereof. The Program will be conducted in conjunction and cooperation with such other State and local governments that operate Existing facilities in the District. The Governing Board shall preside over the Btormwater Management Program. The Executive Director , in coordination with the staff and consultants of the District shall have the responsibility for planning, developing , and implementing stotmvater management plans ; educating the public and users of ' the System of the benefits of a Stormvater Management Program; collecting fees and charges including the Stormvater Management Fees and Charges ; implementing and enforcing the provisions of this Rule ; and other related duties as may be directed by the Governing Board. Specific Authority Chapter 71-822 Special Acts of Florida , 1971 , as amended. Lev Implemented, Chapter J1-822`. as amended, Sections 6(2) , ( 6) . ( 9) , ( 11 ) , ( 12) , ( 17) , (18) , ( 19) , (20) , (23) , and ( 27) . History- --New 91-14.0 0 5 ss of isX_Migiig1-Ei$i_s.gdAhat at, S�aiaif,i�is.�,a_on�_f���tst�S�• . ( 1) Por purposes of imposing the Stormwater Management Fees . all propertiee , other than Exempt Property, shall be -7- `iven an appropriate classification formulated from studies within the District. ( 2) The Stormwater Management pees , Inspection, Operation, and Maintenance Charges , and Capital Improvement Charges shall be fair and reasonable and levied in proportion to the benefit each parcel receives from the Stormwater Management Program and by the use of the System. It is also recognised that each property in the District derives a benefit from the effective planning, mapping, monitoring, and management incorporated by the Stormwater Management Program. Specific Authority Chapter 71-822 Special Acts of Florida, 1971 , as amended. Law Implemented, Chapter 71-822 , as amended, Sections 6( 2) , ( 6) . ( 9) , ( 11) , ( 12) , ( 17) , ( 18) , ( 19) , (20) , ( 23) , and ( 27) . Bistory--New __ . 31-14.006 L,4g!_inil_lhArS.Bt_g4Z_SLLEMliALAL KAAALASiil1I• . ( 1) Stormwater Management Fee. The amount of the Stormwater Management Fees for each property vithin the District , other than Exempt Property, will be formulated from studies vithin the District. ( 2) Inspection Charge. The District may require an inspection of any property and stormvater drainage facilities on property within the District. The owner and user shall be required to pay to the District an inspection charge in an amount determined by the District. Such inspection shall be made upon reasonable notice to the ovner or occupant of the property moles eh emergency exists , as determined solely by the Executive Director. -8- ( 3) Operation and Maintenance Charge. All persona , firms , and corporations ( hereinafter called "Applicant") desiring to utilise the stormvater operation and maintenance services of the District , where said services are offered as determined by the District , shall sign a Stormvater Management Operation and Maintenance Agreement prior to the District approving the provision of such services aad Applicant shall pay the charges as specified therein. (4) Capital improvement Charges . All persons , liana , and corporations ( hereinafter called "Developer") desiring to utilise the construction and reconstruction services of the District, where said services are offered as determined by the District • shall sign a Btormvater Construction Developer ' s Agreement prior to the District approving the provision of such services and Developer shall pay the Capital Improvement Charges as specified therein• Specific Authority Chapter 71-822 Spacial Acts of Florida , 1971 , as amended. Law Implemented, Chapter 71-822 , as amended, Sections 6( 2) , ( 6) , ( 9) , ( 11) , ( 12) , ( 17) • ( 18) , ( 19) , (20) , ( 23) , and ( 27) . notary—Mew 31-14.0 0 7a�Q aaibl���tsA ��B�a�s��d:sim.6ns. ( 1) The District shall hold the owner of the property primarily responsible for all Stormvater Management Fees and -9- Charges without regard to the fact that a tenant , licences, customer, or other party was actually utilising the property and is paying for same directly to the District , after being billed directly by the District. ( 2) In the event any Stormvater Management Fees end Charges are not paid when due and are in default for thirty (30) days or more . the District may elect to hold either the property owner directly responsible for payment of same, or to seek recovery from the actual user of the property , or from both the- property owner and user of the property. Regardless of any such election, the property owner and user shall be jointly and severally liable to the, District for all Stormvater Management Fees and Charges incurred. SO changes of ownership or occupation shall affect the application of this Rule , and the failure of any owner to learn that he purchased property against which a lien for any Stormvater Management Fees and Charges exists, -shall in no way affect his or her responsibility for such payment. ( 3) When the Fees or Charges are in default as set forth above. the District shell provide written notice to the user of the property, or to the property owner if different from the user. If the Fees or Charges remain unpaid for ten ( lO) days ' after the date of said written notice, such delinquent Fees or Charges shall bear interest at the rate of 14% per month simple interest computed from the date when originally due, until paid. -10- Such delinquent tees or Charges , including interest , and all other costs mad expenses , including court costs and reasonable attorney ' , fees , may be recovered by the District from the property owner and/or the user of the property. (4) The District shall have a lien on all properties served by it for all Stormwater Management Fees and Charges hereunder, from the date on which said Fees and Charges are imposed until paid, which lien shall be on parity with the lien of state , county , and municipal taxes, and any lien for charges for services created pursuant to Section 159. 17 , Florida statutes. Such lien shall be perfected by the District by recor4ng in the official records of the county in which the property is located a Claim of Lien in the form substantially as provided in Section 713 .0S, Florida Statutes , and shall constitute a lien against homestead , as provided in Section 4 , Article X, of the Florida Constitution. A notice copy of the Claim of Lien shell be served as provided in Section 713 .18, Florida Statutes , within ten ( 10) days after the Claim of Lien is recorded. If thirty ( 30) days after notice has been made, liens created under this section remain delinquent , such liens may be foreclosed by the District in the manner provided by the laws of Florida for the foreclosure of mortgages on real property, and the ,District shall be entitled to recovery of its reasonable interest and attorneys ' fees and other court coats. —11— Specific Authority Chapter 71-822 Special Acts of 1lorida, 1971 , as amended. Law Implemented, Chapter 71-822 , aS amended , Sections 6( 2) , ( 6) , ( 9) , ( 11 ) , ( 12) , ( 17) , ( 18) , ( 19) , ( 20) , ( 23) , and ( 27) . History--Saw 31..14 .008 KI.41121-1/t..WIAWAA The method of collection of the Pees and Charges for the Stormwater Management Program, and such other fees as may be applicable may include, but not be limited tos ( 1) Billing by the District , ( 2) Billing by the water utilities of their customers/ vithin the Benefited Area. (0) Billing by the County Property Appraisers under Section 197 .3632 , Florida Statutes , and/or (4) Billing by combination of the above methods or such other methods that the Governing Board determines is in the best • interests of the District. Specific Authority Chapter 71-822 Spacial Acts of Florida, 1971 , as amended. Lax Implemented, Chapter .71-822 , as amended. Sections 6( 2) , ( 6) . ( 9) , ( 11) , ( 12) , ( 17) , ( 18) , (19) , 00) , ( 23) , and ( 27) . History--Bev 31-14.009s���pS:_�g�zszsit• Funding for the System may include, but' not be limited to, the followings ( 1) Stormvater Management Fees -12- ( 2) Inspection Charges ( 3) Operation and Maintenanove Charges ( 4) Capital Improvement Charges ( 6) Direct charges and /or assessments for the cost of design. construction, repair, and reconstruction of stormwater drainage facilities , administrative coats and related expanses vbere the District designs , constructs , or contracts for the construction of such facilities. - ( 6) Other income obtained from Federal , State, local , and private grants or Loans . ( 7) Investment earnings ( 8) Other legally available moneys Specific Authority Chapter 71-822 Special Acts of Florida, 1971 $ as amended. Law Implemented, Chapter 71-822 , as amended, Sections 6( 2) , ( 6) . ( 9) , ( 11 ) , ( 12) , ( 17) , ( 18) , ( 19) , (20) , ( 23) , and (27) . History--Dev ___ . 31-14.010 ii iin&1-1111111LL z• Floods from stormwater runoff may occasionally occur which exceed the level of service of atormwater drainage facilities managed by funds made available under this Rule. This Rule shall not be Construed or interpreted to mean that property subject to the Stormvater Management Fees and/or Charges established herein- will always (or at any time) be free from stormwater flooding or • flood damage, or that atormvater systems capable of handling all -13- storm events can be cost-effectively constructed , operated , or maintained ; neither shall this Rule create any liability on the part of , or cause of action against , the District , or any official or employee thereof, for any flood damage that may result from such storms or the runoff thereof ; neither does this Rule purport to reduce the need or the necessity for obtaining flood insurance by individual property owners. - Specific Authority Chapter 71-822 Special Acts of Florida , 1971 . as amended. Law Implemented , Chapter 71-822 , as amended , Sections 6( 2) , ( 6) , ( 9) , ( 11) , ( 12) , ( 17) , ( 18) , ( 19) , ( 20) , ( 23) , and (27) . History.-Hew 31-14 .011 Violations_AACIemediLL. It shall be unlawful to discharge or propose to discharge into the Stormvater Management System any water or wastes which contain or possess characteristics which in the judgment of the Executive Director may have a deleterious effect upon the Stormw afar Management System, or which otherwise create a hazard to life or constitute a public nuisance. No unauthorised person shall uncover, make any connections with , or opening into the Stormvater Management System. In the event of such violation, the District, acting through its Executive Director, may order the violator to cease and desist the violation, cure or remedy the violation, including the prevention of future violations, and such other remedies afforded to the District by law. the Act, and -14- Chapter 31 , Florida Administrative Code. The District reserves the right to establish additional rules and standards for violations not contained in this Rule. Specific Authority Chapter 71 -822 Special Acts of Florida , 1971 , as amended. Law implemented , Chapter 71-822 , as amended, ' Sections 6( 2) , ( 6) , ( 9) , ( 11) 1 ( 12) , ( 17) , ( 18) , ( 19) , ( 20) , ( 23) , and (27) . History--Rew 4 • • • -15..