HomeMy WebLinkAboutOrdinance_23-13_09/12/2013 ORDINANCE NO. 23 -13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 74. UTILITIES, BY AMENDING THIS
CHAPTER TO PROVIDE INTERNAL CONSISTENCY AND TO UPDATE
CERTAIN RATE PROVISIONS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 74. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 74. Utilities, to provide internal consistency and to update certain
rate provisions; and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the
Village amend its utilities ordinance as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 74. Utilities. of the Code of Ordinances of the Village of Tequesta
is hereby amended to provide internal consistency and to update certain rate provisions;
providing that Chapter 74 shall hereafter read as follows:
Chapter 74.
UTILITIES
ARTICLE I. IN GENERAL
Sec. 74-1.-Utilities department.
Sec. 74 -2. Vegetation in proximity to electric facilities.
Secs. 74 -3- 74-30. Reserved.
Sec. 74 -1. Utilities department.
There is hereby created the village utilities department, which department shall be
composed of such personnel and employees as may be appointed by the village manager.
This department shall oversee the operation of utilities within the village including, but
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not limited to, the operation and oversight of all those provisions contained within this
chapter relating to water and stormwater.
Sec. 74 -2. Vegetation in proximity to electric facilities.
(a) Vegetation standards for proximity to electric facilities.
(1) Electric utilities shall have the right of ingress and egress at any time over
property in order to maintain, trim and remove trees and other vegetation
which may affect electric service.
(2) Planting requirements shall be mitigated or exempted when the proposed
location of said tree is in proximity to overhead or underground electric
facilities. This section shall be applicable to all new vegetation planted and
to replacement planting of dead, destroyed or otherwise removed
vegetation within the limits of the village.
(3) Palm trees must be planted at a distance from overhead electric facilities
not less than the mature maximum frond length plus three feet.
(4) FPL's Right Tree - Right Place program shall be used as guidelines to
facilitate the selection of trees to be planted in proximity to electric power
facilities; and nothing herein shall be construed to permit planting of
exotic species of vegetation.
(5) FPL, including its agents and contractors, shall be responsible for any
permanent damage proximately caused by its tree trimming activities
within the corporate limits of the Village of Tequesta. This section is
always subject to regulations, rules and tariffs promulgated or approved by
the Florida Public Service Commission.
(b) Violation for interference with utility services.
(1) It shall be unlawful to interfere with, to disrupt, prevent or alter the flow of
electric utility service.
(2) No individual shall refuse to permit a utility or its designees' ingress and
egress to and from property for the purpose of pruning, trimming,
maintaining or removing vegetation that may interfere with the delivery of
safe and reliable electric service.
(3) At all times during the year, each person owning or controlling real
property within the village shall cause all landscaping situated upon such
real property, including, but not limited to trees, branches, palm fronds,
vines, bushes and any other vegetative matter, to be maintained and
trimmed so that no tree branches, palm fronds, vines, bushes or other
vegetative matter shall be situated at any point any closer than six feet to
any overhead electric utility facilities. Failure to comply with this section
shall be a violation of this section.
(c) Remedy for violation of this section.
(1) A violation of this section shall result in a civil penalty accruing each day
the violation continues and shall be enforced in accordance with
enforcement procedures in the Village Code. Such civil penalty shall
constitute a lien on the real property of the violator in accordance with
Florida law.
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(2) The village may also exercise any rights and powers given to
municipalities in F.S. ch. 162, as amended, to effectuate the purpose of the
section.
Secs. 74- 3- 74 -30. Reserved.
ARTICLE II. WATER SERVICE
DIVISION]. GENERALLY
Sec. 74 -31. Definitions.
Secs. 74- 32- 74 -60. Reserved.
Sec. 74 -31. Defmitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Backflow prevention device. The customer is responsible for the installation and
testing of all devices pursuant to the utility's backflow and cross connection control
manual and water system installation requirements as adopted.
Developer means any property owner, business, builder or other entity proposing
to develop property and seeking water services for property within the village's service
area.
Developer agreement means a written agreement setting forth in detail the terms
and conditions under which the village will provide water service to developer's property,
and setting forth the obligations and requirements of each party to the agreement.
Equivalent residential connections (ERC) is a factor used to convert a given
average daily flow to an equivalent number of residential connections. For this purpose,
the average daily flow of one equivalent residential connection (ERC) is estimated at 350
gallons of water per day.
(1) Single-family residential includes detached residences, duplexes, triplexes,
townhouses and one -story garden apartments.
(2) Multifamily residential includes individual residential units in a multifamily
structure of one story and above served by one master meter.
(3) Irrigation service means metered connections used for the sole purpose of
irrigating lawns and vegetation. Irrigation uses are converted to ERCs by
dividing the water demand by 350 gallons of water per day.
(4) Nonresidential. All property devoted to industrial, commercial, educational,
governmental or other nonresidential categories not covered by subsections (1)
through (3) of this definition shall be considered to be nonresidential uses.
Capital improvement charges to be paid to the village for nonresidential uses
shall be calculated by determining the ERC of each use. The village will use
statistical data published by the state department of health or other such
agencies concerned with water consumption to determine the pertinent ERC
calculations. Based upon such data, the village shall calculate the anticipated
water consumption on a daily basis and divide such consumption by 350
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gallons per day. The amount from such calculation shall then be multiplied by
the capital improvement charge then in effect for single - family residential uses.
No nonresidential use shall be less than one ERC. The village may, at its
discretion, review consumption for any subsequent 12 -month period and adjust
capital improvement charges to correspond with that demand. Service may be
terminated after due notice upon failure of customer to pay the adjusted capital
improvement charge.
Village. Unless otherwise specified, the village may also be referred to as
"utility."
Secs. 74- 32- 74-60. Reserved.
DIVISION 2. RA TES AND CHARGES
Sec. 74 -61. Monthly service charge.
Sec. 74 -62. Quantity rate.
Sec. 74 -63. Fire protection charge.
Sec. 74 -64. Meter installation charge.
Sec. 74-65. Interrupted service.
Sec. 74 -66. Capital connection charge.
Sec. 74 -67. Failure to pay service charges.
Sec. 74 -68. Security deposit.
Sec. 74 -69. Meter size; relocation of meters, fire hydrants and other appurtenances.
Sec. 74 -70. Emergency bulk water service.
Sec. 74 -71. Capacity reservation fee.
Sec. 74 -72. Automatic annual rate adjustment.
Sec. 74 -73. Annual index rate calculation.
Sec. 74 -74. Water restriction surcharge adjustment.
Sec. 74 -75. Miscellaneous fees.
Sec. 74 -76. Work performed outside normal business hours.
Sec. 74 -77. Addition of taxes and surcharges.
Sec. 74 -78. Free service prohibited.
Sec. 74 -79. Surcharge for consumers outside village.
Sec. 74 -80. Rates for water furnished to village.
Sec. 74 -81. Basis for fixing rates.
Sec. 74 -82. Lien for unpaid service charges.
Secs. 74 -83 -74 -100. Reserved.
Sec. 74 -61. Monthly service charge.
(a) Schedule of charges. The monthly service charges for residential and nonresidential
water service shall be as established by resolution of the village council and on file in
the village clerk's office.
(b) Multifamily buildings.
(1) Where a single meter is installed in a water connection serving a multifamily
structure, the minimum monthly service charge shall be not less than an
amount equal to the number of dwelling units multiplied by the minim
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charge for a five - eighths -inch meter or installed meter size, whichever is
greater.
(2) If there is a single meter measuring quantities of water for two or more
residential units, the gallons measured and charged pursuant to the terms of this
section shall be prorated by dividing the total number of gallons metered by the
number of units included on the single meter.
(c) Multiunit nonresidential buildings. In the case of any nonresidential multiunit
building housing more than one business or entity, each business or entity therein
shall be metered. individually. Monthly minimum service charges shall be based on
the established charge by meter size. Where an existing single meter is installed in a
water connection serving two or more businesses or entities, the minimum monthly
service charge shall also be based on the established charge by meter size. Fire
protection charges for fire lines shall be separately included.
Sec. 74 -62. Quantity rate.
(a) Rate schedule. The quantity rate for water service is applicable to all quantities of
water shown by meter readings to have been delivered. The rates shall be as
established by resolution of the village council and on file in the village clerk's office.
(b) Master meters. If there is a master meter measuring quantities of water for two or
more residential units, the gallons measured and charged pursuant to the terms of this
section shall be prorated by dividing the total gallons metered by the number of units
included on the master meter.
See. 74 -63. Fire protection charge.
(a) The monthly fire protection charge within the village shall be as established by
resolution of the village council and on file in the village clerk's office, plus all
applicable taxes, and shall apply to the total number of service connections located
within the village, except for services used solely for irrigation.
(b) The monthly fire protection charge for other areas shall be as established by
resolution of the village council and on file in the village clerk's office, plus all
applicable taxes and surcharges, and shall apply to the total number of service
connections located outside the village, except for services used solely for irrigation.
(c) The monthly service charges for private fire lines for sprinkling systems or other fire
protection systems shall be as established by resolution of the village council and on
file in the village clerk's office.
(d) The expenses pursuant to this section, including but not limited to all connections to
the water system, shall be borne by the user. No taps will be allowed which may be
used for other than fire protection purposes, and there shall be no connection with any
other source of water.
(e) Fire protection revenue pursuant to this section shall be utilized for, but is not limited
to, hydrant and hydrant valve operation, maintenance and improvements. Revenue
shall also be used to enforce and ensure that a minimum of a three -foot radius of
clearance exists around all fire hydrants and that no other obstructions prevent access
as recommended by the Florida Fire Prevention Code.
Sec. 74 -64. Meter installation charge.
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(a) All water meters shall be installed by the village. The charge for making such meter
installations or replacement with a meter of a different size upon request of the
customer shall be as established by resolution of the village council and on file in the
village clerk's office.
(b) All meters installed remain the property of the utility.
Sec. 74-65. Interrupted service.
(a) Reconnection charge. There shall be a reconnection charge as established by
resolution of the village council and on file in the village clerk's office for the
resetting of any meter which shall have been removed from service, if resetting is
done during regular working hours.
(b) Transfer of service (not including meter replacement). There shall be a charge for
transfer of service during regular working hours as established by resolution of the
village council and on file in the village clerk's office.
(c) Work done outside regular business hours. If the customer requests that the work
described in subsection (a) or (b) of this section be done outside regular business
hours Wonday through Friday, 7:30 a.m. to 5:00 p.m.), the charge shall be twice the
stated amount.
Sec. 74-66. Capital connection charge.
(a) Each new connection to the water system after the effective date of the ordinance
from which this section is derived shall pay a capital connection charge as established
by resolution of the village council and on file in the village clerk's office. Such
payments shall go into a capital improvement fund which shall be a separate fund to
be used for capital improvements to the water system or for payment of debt service
on the water revenue certificates and bonds.
(b) In addition to the charge for making a meter installation or replacement with a meter
of a larger size upon the request of the customer, the customer must also pay the
difference in capital connection charges. If the customer requests a meter installation
or replacement of a smaller size the customer forfeits the right to a refund of the
difference in capital connection charges.
(c) The village recognizes an ERC to be equal to 350 gallons per day (expressed on an
average daily basis) for the water system. Meter equivalent factors are as follows:
Meter Size Equivalent
Factor
5/8 1.00
% 1.00
1.0 2.50
1.5 5.00
2.0 8.00
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3.0 15.00
4.0 25.00
6.0 60.00
Sec. 74-67. Failure to pay service charges.
If any bill for water service has not been paid within 30 days from the date of
billing, a late payment fee shall be applied to all past due balances and service shall be
disconnected after due notice thereof.
Sec. 74-68. Security deposit.
There shall be a security deposit as established by resolution of the village council
and on file in the village clerk's office for each account, to be paid at the time of
application for water service. The security deposit is intended as security for payment of
any final bill prior to disconnection. The security deposits may be credited to the
accounts of customers with good payment records by policy established by the village
from time to time, or otherwise shall be credited to the account when it is closed. In
computing the final bill for an account, any outstanding security deposit shall be credited
to that account and the remaining balance, if any, after being credited toward the final bill
shall be returned to the customer. The deposit will bear interest at the prevailing rate and
shall be credited to each account at regular intervals, all as determined by the village.
Sec. 74 -69. Meter size; relocation of meters, fire hydrants and other appurtenances.
The water department reserves the right to determine the appropriate meter size
for each connection to the water system as referenced in American Water Works
Association (AWWA) Manual of Water Supply Practices M -6. If any customer requests
that a meter, fire hydrant or any other water system appurtenance be changed or relocated
for the customer's convenience, the customer shall pay the actual cost plus ten percent of
such change or relocation, including material, labor, equipment, inspections, fees,
overhead and permitting.
Sec. 74-70. Emergency bulk water service.
There is hereby established an emergency service bulk water rate which shall be
applicable to metered connections specifically identified by the village as emergency
interconnections. The emergency service bulk water rate shall be as established by
resolution of the village council and on file in the village clerk's office. This rate shall be
reviewed periodically and revised as necessary based upon changes in the operating,
maintenance or purchase water costs.
Sec. 74 -71. Capacity reservation fee.
(a) Each new connection to the water system which has paid a capital improvement
charge at the time of application for a new connection shall pay a capacity reservation
fee for each equivalent residential connection which has not been transferred to a
customer or tenant and considered as an active account. The capacity reservation fee
shall be billed monthly to all those applicants who possess permits authorizing
connection to the village's water system or facilities. All applicants who reserve
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capacity or hold water service and/or developer agreements authorizing connection to
the village water facilities shall begin paying the capacity reservation fee upon the
effective date of the ordinance from which this section is derived.
(b) The monthly capacity reservation fee shall be as established by resolution of the
village council and on file in the village clerk's office. All unpaid capacity reservation
fees shall accrue and no connection shall be allowed to the village's water facilities
until all such unpaid accrued fees related to the applicant or his assigns have been
paid in full by the applicant or his assigns. The obligation to continue payment of the
capacity reservation fees for a particular ERC of capacity shall terminate upon
connection of that particular ERC of capacity to the village water system. The village
reserves the right to enforce the capacity reservation fee through special magistrate
proceedings.
Sec. 74 -72. Automatic annual rate adjustment.
The village adopts annually, effective with bills rendered on and after October 1,
1999, and each year thereafter, an automatic annual index rate adjustment to be applied to
all of the rates, fees and charges as contained in this division, including the minimum
monthly service charge and quantity charge which are immediately in effect prior to the
application of such annual index rate adjustment. The annual index rate adjustment shall
be calculated in accordance with section 74 -73 below. The rates, fees, and charges which
are adjusted for the application of the annual index adjustment shall be rounded to the
nearest cent.
Sec. 74 -73. Annual index rate calculation.
The annual index rate adjustment will be determined based on the application of
the following calculation formula:
Price Index = [(OC — PW) * CPIF) * (1 + RRF)]/MOR
Whereby:
Price Index = The index adjustment factor to be applied to the monthly rates, fees
and charges.
OC = The Fiscal Year operating expenses for the most recently completed Fiscal
Year.
PW = The cost of water purchased during such fiscal year.
CPIF = The CPI Factor defined as the percentage change in the Consumer Price
Index published by the Bureau of Labor Statistics Southeastern Regional Office
as of May of each and every year.
RRF = 5.0% to allow for increased costs associated with funding renewal and
replacements.
MOR = The Fiscal Year revenues derived from the monthly service charges,
which includes the Base Facilities Charges and the Quantity Charge, for the most
recently completed Fiscal Year.
Sec. 74-74. Water restriction surcharge adjustment.
(a) If the South Florida Water Management District or other authority having jurisdiction
declares a water shortage requiring mandatory curtailment or imposes guidelines to
be followed which result in a 15 percent reduction in water usage at minimum, the
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consumption charges listed in this division shall be increased 18 percent on the next
billing cycle and on all subsequent billing cycles until such time as the water shortage
declaration is rescinded. The 18 percent increase shall be removed from the first
billing cycle and all subsequent billing cycles following the rescission of the water
shortage declaration.
(b) If a reduction of water use in excess of 15 percent is required or such a guideline is
imposed, and the 18 percent rate increase described in subsection (a) above has been
implemented, the village council may, by resolution, reduce the 18 percent surcharge
by any amount, so long as sufficient revenue will be generated to comply with debt
service covenants or to meet other requirements of the water system.
(c) If a reduction of water use in excess of 15 percent is required or such a guideline is
imposed, and the 18 percent rate increase described in subsection (a) above has been
implemented, the village council may establish by resolution an appropriate surcharge
in excess of 18 percent based upon a recommendation of the village manager as to the
revenue required to comply with debt service covenants or to meet other requirements
of the water system.
Sec. 74 -75. Miscellaneous fees.
Miscellaneous water service fees shall be imposed in accordance with the
schedule established by resolution of the village council and on file in the village clerk's
office.
See. 74-76. Work performed outside normal business hours.
All rates, charges and fees pursuant to this division are double the amount
indicated if work is performed after normal business hours (Monday through Friday, 7:30
a.m. to 5:00 p.m.), or on weekends and holidays.
Sec. 74 -77. Addition of taxes and surcharges.
All rates, charges and fees pursuant to this division do not include the application
of any applicable taxes and surcharges.
Sec. 74-78. Free service prohibited.
There shall be no free services rendered by the waterworks system and, except as
otherwise provided in this article, all users receiving service from the waterworks system
shall pay therefor at the established rate charge.
Sec. 74 -79. Surcharge for consumers outside village.
The schedule of rates and charges for water services furnished to consumers outside the
corporate limits of the village shall include an additional 25 percent water surcharge fee
to offset water system improvements and maintenance costs, as authorized by Sec.
180.191, F.S.
Sec. 74-80. Rates for water furnished to village.
(a) The village shall pay for the privilege of taking water from the waterworks system
through its fire hydrants for the prevention and extinguishment of fires a fire hydrant
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charge at a rate as established by resolution of the village council and on file in the
village clerk's office.
(b) All water used by the village itself for municipal purposes (other than for the
prevention and extinguishment of fires, water reasonably necessary for testing fire
hydrants, and water reasonably necessary for practice of firefighters) and all water
used by any other political subdivision or public agency shall be paid for at the
established monthly rate and charge.
(c) Revenues received for water furnished to the village and all hydrant charges payable
by the village shall be deemed to be revenues derived from the operation of the
waterworks system and shall be applied and accounted for in the same manner as
other revenues derived from the operation of the system; provided, however, that
nothing contained in this section shall be construed as requiring the village to avail
itself of the facilities or services afforded by the system.
Sec. 74-81. Basis for fixing rates.
The village shall fix, establish, maintain and collect rates, charges, fees, and
rentals for the service and facilities of the waterworks system, and revise such charges,
fees and rentals from time to time whenever necessary, as will always provide revenues
in each year sufficient to pay all cost of operation and maintenance of the waterworks
system in such year, together with 125 percent of the maximum debt service requirements
of the waterworks system, and such rates, charges, fees and rentals shall not be reduced
so as to be insufficient to provide adequate revenues for such purposes as certified by the
consulting engineers of the waterworks system.
Sec. 74-82. Lien for unpaid service charges.
The village shall have a lien on all lands or premises served by the waterworks
systems of the village for all charges for water service or any other charges appearing on
the water bill until such charges are paid to the village together with all costs and
expenses incurred by the village in connection with the delinquent account. Such liens
shall be prior to all other liens on such lands or premises except a lien for state, county
and municipal taxes. Such liens, when delinquent for more than 30 days, may be
foreclosed by the village attorney as provided by law.
Secs. 74 -83-74 -100. Reserved.
DIVISION 3. RESERVED
Secs. 74- 101 -74 -140. Reserved.
Secs. 74- 101 -74 -140. Reserved.
ARTICLE III. SOLID WASTE
Sec. 74 -141. Rates and charges.
Secs. 74- 142 -74 -180. Reserved.
Sec. 74 -141. Rates and charges.
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(a) The village manager or his appointed designee shall bill village residential
customers, on the monthly water bills, for solid waste and recycling curbside
collection service at the rate specified in the schedule established by the village
for those residential properties not included within the annual assessment roll
imposed for such services included upon the tax bill issued in November of each
year by the property appraiser's office.
(b) Billing for such services on the monthly water bills shall cease when applicable
residential properties are assessed for such services, at the point in time applicable
to the assessment.
(c) The charges for the services billed shall be designated separately and distinctly on
the monthly water bills rendered to applicable residential customers of the village.
(d) The billing for residential curbside solid waste and recycling collection services
shall be in accordance with the schedule established by resolution of the village
council and on file in the village clerk's office.
Secs. 74- 142-74 -180. Reserved.
ARTICLE IV. STORMWATER
DIVISION]. GENERALLY
Secs. 74- 181 -74 -200. Reserved.
Sees. 74- 181 -74 -200. Reserved.
DIVISION 2. STORMWA TER UTILITY
Sec. 74 -201. Findings.
Sec. 74 -202. Definitions.
Sec. 74 -203. Stormwater utility established.
Sec. 74- 204. Operating budget.
Sec. 74 -205. Required levels of fees.
Sec. 74 -206. Fees authorized.
Sec. 74 -207. Property classifications.
Sec. 74 -208. Billing and payment of charges, lien for unpaid charges..
Sec. 74 -209. Adjustment of fees.
Sec. 74 -210. Delinquent fees.
Sec. 74 -211. Capital contributions.
Sec. 74 -212. Administration.
Sec. 74 -213. Disclaimer of liability for flooding.
Sec. 74 -214. Stormwater management utility fund.
Secs. 74- 215 -74 -240. Reserved.
Sec. 74 -201. Findings.
It is hereby found, determined, and declared as follows:
(1) 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
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limits, including property not presently served by the stormwater elements of
the system.
(2) 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. 74 -202. Defmitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. Words not defined in this section shall be construed to have the
meaning given by common and ordinary use.
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 therefor;
(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) Insurance premiums taken out and maintained during construction, to the
extent not paid for by a contractor for construction and installation;
(5) Any taxes or other charges which become due 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.
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
division:
(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 50 percent complete and construction is halted for a
period of three months.
Director means the chief administrative officer of the utility as recommended by
the village manager and confirmed by the village council.
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Dwelling unit means a single unit or apartment providing complete, independent
living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Equivalent residential unit and ERU mean the average impervious area of
residential developed property per dwelling unit located within the village and as
established by separate ordinance of the village as provided in this division.
ERU rate means the utility fee charged on each ERU as established by ordinance
of the village council as provided in this division.
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 for 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 construction and debt service on the new stormwater management
system facility which serves such developer or individual resident; or
(2) The extension and replacement costs necessitated by development undertaken
by such developer or individual resident.
Fiscal year means the 12 -month period commencing on October 1 of any year or
other such 12 -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.
Nonresidential developed property means any developed lot or parcel not
exclusively residential, 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 rainwater as it falls to the earth, surface runoff and drainage,
and paths taken by such water.
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Stormwater management system and system mean the existing stormwater
management facilities /structures of the village and all improvements thereto which by
this division are constituted as the property and responsibility of the utility to, among
other things, conserve water, control discharges necessitated by rainfall events, and
incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to
prevent or reduce flooding, overdrainage, environmental degradation and water pollution
or otherwise affect the quality and quantity of discharge from the system.
Stormwater management utility board. The stormwater management utility board
shall consist of the village council, which shall hear appeals of rate adjustments and
recommend capital projects and budget priorities for the utility.
Stormwater utility and utility mean the utility created by this division to operate,
maintain and improve the system.
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 state law and this division 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 lots means any individual lot of vacant improved
property which is limited by chapter 78 to single - family use.
Sec. 74 -203. Stormwater utility established.
(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. 74-204. Operating budget.
The village shall adopt an operating budget for the stormwater utility 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. 74 -205. Required levels of 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. 74 -206. Fees authorized.
The village council hereby authorizes the imposition of utility fees on all property
within the village.
Sec. 74 -207. Property classifications.
For purposes of determining the utility fee, all property within the area of
operation shall have one of the following classifications:
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(1) Residential developed property;
(2) Nonresidential developed property; or
(3) Undeveloped property.
Sec. 74 -208. Billing and payment of charges; lien for unpaid charges.
(a) The utility fee is to be paid by the owner of each parcel subject to the fee. All
properties, except 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
terms and conditions of article II of this chapter. The village council is hereby
authorized, in its discretion, to include billings relating to the stormwater utility as
non -ad- valorem assessments to appear upon the tax bill rendered to residents by the
county. If this alternative is chosen, appropriate arrangements shall be made between
the village and the county to include such statements on the tax bill.
(b) Any payment remaining unpaid for a period of 30 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
the county. Such lien shall be superior in dignity to any encumbrances on the
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. 74-209. Adjustment of fees.
(a) Requests 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 in this
division. 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 supplemental 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.
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(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 -month period from
the date of filing of the request for adjustment. Adjustments resulting from
such request shall be retroactive to the be ginnin g of the billings, but retroactive
adjustments shall not exceed one 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. If the adjustment would require an
increase in fee for a fee payor, the director must provide the request for
adjustments to the affected fee payor 30 days prior to adjusting the fee and
offer the fee payor an opportunity within the stated 30 days to provide reasons
why the adjustment should not be made.
(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 year prior to the request for adjustment.
(b) All determinations of the director pursuant to this section may be appealed to the
stormwater management utility board for review of the denial. These appeals must be
filed within 30 days of receipt of the written determination of the director. The
stormwater management utility board shall complete its review within 60 days of
receipt of the request for review. The board's determination on the review shall be in
writing and set forth in detail the reasons for its 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 -year frequency, 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 outfall 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.
Sec. 74 -210. Delinquent fees.
All stormwater utility fees not paid within 30 days after the bill is due shall be
considered delinquent. All stormwater utility fees delinquent under this division shall be
subject to:
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(1) An interest charge at the state statutory rate; and
(2) A rebilling charge covering administrative costs.
Sec. 74 -211. 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) The 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
where 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) The availability charge is administered on a site - specific basis identical to the
fee in Iieu of procedure noted in subsection (b)(1) of this section. 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 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 into an
agreement with that developer to rebate the fee in lieu of charges paid to the
village by other developers utilizing those facilities over a period of time not
exceeding seven years from the date of the agreement.
(c) All development subject to the provisions of section 74 -207 shall pay a fee calculated
consistent with section 74 -208.
Sec. 74 -212. Administration.
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 division and accompanying
ordinances.
Sec. 74 -213. Disclaimer of liability for flooding.
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Floods from stormwater runoff may occasionally occur which exceed the capacity
of storm drainage facilities constructed, operated or maintained by funds made available
under this division. This division shall not be construed or interpreted to mean that
property subject to the fees and charges established in this division 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 division 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 runoff thereof. This division does not purport to reduce the
need or necessity for obtaining flood insurance by individual property owners.
Sec. 74 -214. Stormwater management utility fund.
There shall be established a stormwater management utility fund for the deposit of
all fees collected pursuant to this division. The fund will be used exclusively to provide
services and facilities related to the stormwater management program. The fiends 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.
Secs. 74 -215- 74 -240. Reserved.
DIVISION 3. STORMWA TER CONTROL
Sec. 74 -241. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Authorized official means any employee or agent of the village authorized in
writing by the director to administer or enforce the provisions of this division.
Director means any person so designated by the stormwater utility board.
Discharge means any direct or indirect entry of any solid, liquid or gaseous
matter.
Site of industrial activity means any area or facility used for manufacturing,
processing or raw materials storage, as defined under 40 CFR 122.26(a)(14) of
regulations of the U.S. Environmental Protection Agency, as amended.
Stormwater means any stormwater runoff, and surface runoff and drainage.
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Stormwater system means the system of conveyances used for collecting, storing
and transporting stormwater owned by the village, but not including any facilities
intended to be used in accordance with applicable law for collecting and transporting
sanitary or other wastewater.
Sec. 74 -242. Prohibited discharges.
(a) Generally. Except as set forth under subsection (b) of this section or in
accordance with a valid NPDES permit, any discharge to the stormwater system
that is not composed entirely of stormwater is prohibited. Further, any discharge
to the stormwater system containing any sewage, industrial waste or other waste
materials, or containing any materials in violation of federal, state, county,
municipal or other laws, rules, regulations, orders or permits is prohibited.
(b) Exceptions. Unless the director determines that it is not properly managed or
otherwise is not acceptable, the following discharges are exempt from the general
prohibitions set forth under subsection (a) of this section: flows from firefighting,
water line flushing and other contributions from potable water sources, landscape
irrigation and lawn watering, irrigation waxer, diverted stream flows, rising
groundwaters, direct infiltration to the stormwater system, uncontaminated
pumped groundwater, foundation and footing drains, water from crawl space
pumps, air conditioning condensation, springs, individual residential car
washings, flows from riparian habitats and wetlands, and dechlorinated swimming
pool contributions. Chlorinated swimming pools shall not be drained into the
stormwater system, with the following exceptions:
(1) Discharges associated with backwashing filters when the backwash cycle
generates less that 1,000 gallons; and
(2) Chlorinated water overflowing from a pool associated with a storm event.
(c) Prohibited connections. No person may maintain, use or establish any direct or
indirect connection to the stormwater system that results in any discharge in
violation of this division. This prohibition is retroactive and applies to
connections made in the past, regardless of whether made under a permit or other
authorization, or whether permissible under the laws or practices applicable or
prevailing at the time the connection was made.
(d) Administrative orders. The director may issue an order to any person to
immediately cease any discharge or any connection to the stormwater system
determined by the director to be in violation of any provision of this division, or
in violation of any regulation or permit issued under this division.
(e) Submission of copy of NPDES permit. Any person who holds a National Pollutant
Discharge Elimination System (NPDES) permit shall provide a copy of such
permit to the director no later than the later of 60 calendar days after the effective
date of the ordinance from which this division is derived, or 60 days after
issuance.
(f) Notification of spills. As soon as any person has knowledge of any discharge to
the stormwater system in violation of this division, such person shall immediately
notify the director by telephoning (561) 575 -6200 and if such person is directly or
indirectly responsible for such discharge, then such person shall also take
immediate action to ensure the containment and cleanup of such discharge and
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shall confirm such telephone notification in writing to the director at 345 Tequesta
Drive, Tequesta, Florida 33469 -0273, within three calendar days.
Sec. 74 -243. Inspections and monitoring.
(a) Whenever necessary to make an inspection to enforce any of the provisions of this
division, or any regulation or permit issued under this division, or whenever an
authorized official has reasonable cause to believe there exists any condition
constituting a violation of any of the provisions of this division, or any regulation
or permit issued under this division, any authorized official may enter any
property, building or facility at any reasonable time to inspect the property,
building or facility or to perform any duty related to the enforcement of the
provisions of this division or any regulations or permits issued under this division;
provided that (i) if such property, building or facility is occupied, such authorized
official shall first present proper credentials and request permission to enter, and
(ii) if such property, building or facility is unoccupied, such authorized official
shall make a reasonable effort to locate the owner or other person having charge
or control of the property, building or facility, and shall request permission to
enter. Any request for permission to enter made under this subsection shall state
that the owner or person in control has the right to refuse entry, and that, if entry
is refused, the authorized official may enter to make inspection only upon
issuance of a search warrant by a duly authorized magistrate. If the owner or
person in control refuses permission to enter after such request has been made, the
authorized official is hereby authorized to seek assistance from any court of
competent jurisdiction in obtaining entry. Routine or area -wide inspections shall
be based upon such reasonable selection processes as may be necessary to carry
out the purposes of this division, including but not limited to random sampling
and sampling in areas with evidence of stormwater contamination, nonstormwater
discharges or similar factors.
(b) Any authorized official may establish on any property such devices as are
necessary to conduct sampling or metering of discharges to the stormwater
system. During any inspections made to enforce the provisions of this division, or
regulations or permits issued under this division, any authorized official may take
any samples deemed necessary.
(c) The director may require any person engaging in any activity or owning any
property, building or facility (including, but not limited to, a site of industrial
activity) to undertake reasonable monitoring of any discharge to the stormwater
system and to furnish periodic reports.
Sec. 74 -244. Enforcement.
(a) Injunctive relief. Any violation of any provision of this division, or of any
regulation or order issued under this division, shall be subject to injunctive relief
if necessary to protect the public health, safety or general welfare.
(b) Continuing violations. A person shall be deemed guilty of a separate violation for
each and every day during any continuing violation of any provision of this
division, or of any regulation or permit issued under this division.
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(c) Enforcement actions. The director may take all actions necessary, including the
issuance of notices of violations, the filing of court actions and/or referral of the
matter to the Village code enforcement officer, to require and enforce compliance
with the provisions of this division and with any regulation or permit issued under
this division.
Section 2: Each and every other Section and Subsection of Chapter 74. Utilities. shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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Upon Second Reading this 12' day of September 2013, the foregoing Ordinance was offered by
Council Member Paterno who moved its adoption. The motion was seconded by Vice -Mayor
Arena and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 12` day of
September 2013.
MAYOR OF TEQUESTA
igail ennan
ATTEST:
C04 0,
Lori McWilliams, MMCw� 9, .9 _ C:
Village Clerk
-o: 7 r9�Fo "'y
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