Ordinance 91-1045ORDINANCE N0. 91-].045
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA RELATING TO
STORMWATER MANAGEMENT; PROVIDING FOP THE CREATION OF A
STORMWATEfl MANAGEMENT UTILITV,AOOPTION OFSERVICE CHARGES FOR
THE USE OF THE 6TORMWATER MANAGEMENT SYSTEM; PROVIDING FOR
FURTHER EVALUATION OF CHARGES; PROVIDING FOR AN APPEAL OF
SURFACE CALCULATIONS, ESTABLISHING A STORMWATER MANAGEMENT
FUND; PROVIDING A SEVERABILITV CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Giry Commission otthe Ciy of Longwood has indicated its intentto properly
nage slormweter runoff; to provide for public saferyrhrough reducetl tlootlinq, property tlamage
ands antl to achieve Improved water quality In the city's receiving w ter bodies (r, e., it
oslon;
lakes, strezms, antl aquier); antl
WHEREA6, all real property In the Clry contributes stormwarer runoff b the Cliy's overall
dorm dealnage system thereby requiring stormwarer management; and
WHEREAS, the City has determined substantial a ual m and capital
Improvements are neetletl fo improve the City's overall storm drainage system antl
WHEREAS, Florida Statute 403.0893 specifically authorizes cities to consider stormwarer
m nagement as a city utility iunctlon for which stormwarer utility fees may be levied; antl
WHEREAS, the City Commission of the City of Longwood finds that a need a is for
adtlltional tuntling for rile stormwarer m nagement program of the city and that theXU of
stormwarer management utl'Ay fees is the most equitable mathotl of peoviding this funding, se
NOW THEREFOfl E, THE CITV COMMISSION OF THE CITY OF LONG WOOD HEREBV
ENACTS:
SECTION 1: INTENT
It is the intent of this ordinance for the Gty to establish stormwarer management az a elty utllhy in
cortlance with Floritla Statute 403.0893 and shell establish a program of slormweter utility fees
for stormwarer management services to be levied agehst all property within the elty sutiTOlenr to
plan, construct, operate, antl maintain Its slormweter management system antl to eooompllsh rho
functions of Bald utility. These functions inclutle, but are not limited to, m e, planning,
design, nstruction, regulation, s rveying, antl inspection az they relate roc siormwater
management systems and facilhles of the oty.
(aj "CI1y" shall mean the City of Longwootl, Florida, antl Its stall and electetl oHloials
(b) "City Adminlsrratof' snarl mean the ciry admfnlstrator or Fila designee.
(c) `Department' shall mean the ciry public works department.
(tl) "Equivalent tlralnage unit (EOl!)' shall mean the basic unitfor the computation of stormwater
utility lees. Indlvldual single family antl Indlvitlual multif-famly residenilal propeFles sFall be
equal to o e equivalent dreingge unit. Non~residentlaVoommerciai propenles will Fave
ECU's computed. The exact formula fo cempufe the number of EIXl's for non~indivitlual
residential properties shall be tle9erminetl and adopted by Resolution eta later tlate.
(e) "Feepaye~ snail mean the owner or occupant of real property in the City which contributes
stormwater ninon mre<tly or malre<ny m and/or which benenta from fne <iry as amrmwatar
m nagement system.
(f) "Interim stormwater utility fee °shall be the charge for all single family, multi~tamily, antl non-
residential/commercial properlles un911 such time (he stormwater utility fees are tleterminatl
and adopted by resolution.
(g) "MUlti~tamily residential properties shall inciutle all duplex, <ontlominium, apartment,
wnnouse, and other properties c ning m e than o Ming unit. However,
retire
meni and publicly assistetl choosing complexes shaliwbe ieeefed as non
residentlel/rommer<fal progenies for oaloulation of stormwater utility fees.
(h) "NOn~residenilal/oommerclel" pmpenlas shell include all pmpeRy z netl o usetl for
cial, industrial, retail, governmental, o other non~resitleMlal purposes antl sFall
~lude all real property in the city not olasslfletl as single family or muhl~famlly as deilnotl
In 2 (~ and 2 (j).
() "Receiving water snail mean those creeks, streams, lakes, sinkholes, end other bodies of
water into which surface waters are directetl, either naturally or in manmatle ditches. pipes.
or open systems.
~) '3ingle family' residential properties shall Include all single family detached housing units.
Arceohetl single lemlly dwellings servetl by Individual water meters shall also be consideretl
untler this category. All other residential property shall be classified as'multiiamily'.
(k) "Stormweter management plan'shell mean a plan for receiving, handling, transporting, end
treating storm and surface waters within the city as adopted by the City Commission.
(I) 'Stermwater management system'snall mean a system which is tlesigned and consirvctetl
orfmplementetl to control discharges which are necessltatetl by rainfall events, inoorporating
methods to collee(o vey, store, absorb, Inhibit, treat, u water to prevent o
reduce flooding, o er drainage, environmental degratla9on and water pollution or otherwise
anen the quanlily and quality of discharges from the system. The stormwater management
system includes all natural antl man-made elements used to convey stormwater from the
first point of Impao with the surface of the earth to a suitable receding water or location
internal or externaltto the bovntlaries of the city. The stormwater management system
dudes all pipes, channels, s s, ditches, w ands, sinkholes, deieniion/retention
In beam etl
basins, ponds, antl other stormwater conveyance antl treatment facltltles wM1eiher public or
private. Regardless of whether o t the city snail have recortletl rights-0away o
s, it is presumed chat the city has a prescriptive right of access to ail stormwater
m snagement faolllties for opaeetlon, maintenance, rehablltation, or replacement.
(m) 'stormwater Ufitiry Evaluation" shall mean a tlefaitatl engineering antl financial analysis of
stormwater management plan cos15 antl financial responslblll[y (or all (aepayers.
(n) 'stormwater Boartl of Appeals" shall mean the Sfonnwater Boartl of Appeals created untler
Seatlon 6 of this ortllnence.
(o) "Contnbuing flllnOfP tFa area of aparoel from which stormwetervAtl result In runoff. Forihe
City of Longwood, the contributing runoff of each parcel is estimated as 1 W%of the square
feet of impervious surtace located on the parcel.
(p) "Owner, Tenant, Occupant" shall include the executors, administrator, su and
ssigns of the pars referred to; antl the c antl agree ontained Sn any
ants c
onfract between the tlepart and its oons ~merrs should be bintling upon re to the
an Inu
benefit of She s essors, heirs, executors, administrators or assigns of fha respective
persons thereto uc
(q) "Parcel" fha are of la d for which the EDU calculation Is determined [or, inclutling all
buildings end appurtenances siiuatetl thereon the premises.
(r) "Per/ous areas that area witFln the Clfy of Longwootl whloh is, untler sfandartl conditions,
permeable fo stormwater runoff and surtace water.
(s) "Pr~efa' that property or faollitles ownetl by Intllvltluals, corporations, and other
organ zafions and not by a city, county, state, or federal gov rnment agency.
(1) 'Service Araa the oorporate limits of the City of Longwood.
(u) "Site Mitigation' all pMate feclifles constructed on a parcel of lantl whioh provide for the
abatement of stormwater to amounts equivalent to vacant property or sfantlartls prescribed
by the Ciry.
(v) "Stor watef means the flow of water which results from antl occurs immetlialely following
e rainfall event.
(w) "Siormwater Management fee" stormwater Managem nt Utility Fee enacted herein which
is billed on the basis of equivalent drainage units. The fee shall include the Base Hate antl
Contribution Reta
(x) "Vacant' any pleoe or parcel of lend that Is without any building, structure, appurtenance,
or improvements,
(y) °COUnty means the County of Seminole, Florida.
(z) °Oeveloped Property' shall m any property altered in appearance by re oval of
vagetetlon, gretling of the ground surieoe end construction o[ a structure or impervious
surtace.
(aa) "Impervious Areas" those hartl surtacetl areas whim either prevent or severely restricts the
entry of w into the soil mantle, a eretl under natural conditions prio
tlevelopment'a and/or c water to ros otiethe surface n greater quantilles o a[ a
asetl rate of flow hom that preseninuntlee netueal contlXlons prior to development.
Common Impervious surfaces Inclutle, but are not limited to, rooftops, sitlewalks, walkways,
patio areas, driveways, perking lots, storage a and otnee sudeces which similarly Impact
the natural infiltration o noN panerns which existed to development, including n anal
water in ponds antl lakes~u
SECTION 3 -UTILITY ESTABLISHED
mere la Hereby oreatad and aatablisned fn the dry a stormwater management uWtry to accordance
with 6ection 603.0093, Florida Statutes. This stormwater management utility shell be responsble
for the city's stormwater management system and snail have equal status with other utility services
provitletl by the city.
SECTION 4 -DUTIES AND POWERS
The stormwater management utiliy shall nave auhoriry over fha deainage from all properties within
fns city antl shall carry out the lollowing tunotlons:
(a) Preparation of plans [or Improvements and betterments to iha stormwater management
system.
(b) Construction of improvements antl betterments to the stormwater manageme t system.
(c) The promulgation of regulations for the use of the stormwater management system including
provisions for the enforcement of said regulations.
(d) Review and approval of all new development permits within [tie city for compliance with
water management regulations included in the present city code or amentlments later
atlopted.
(e) Pertormance of routine maintenance antl minorimprovemeni tothe stormwater management
ayatem.
(1) Rec entlafion of charges for connection to and use of the stormwater management
systemm
(q) Evaluation of water quafry concemsior tllsehar9es to the stormwater managemani system.
(h) Pertormance of all n mat utility functions relating t onsiruction, operation, and
maintenance of ine city's stormwater m nagement system. <
SECTION. S. -. STOfl MWATER UTILITY FEES
The siormwater management utility Is empoweretl by this ortllnance to recommend Merges for the
e of and discharge to the<ity's siormwater management system. Su<n cnarges shall be basetl
n the cost of providing stormwater management services to all propenies within the city and may
be tliHerent for pmpenies receiving tllHeren9 classes of servlce. Tha City Commission shell atlop[
antl ee a from time to time a schedule cf stormwater uftilry fees rot stormwater m nagement
services to cover footling requir menis of utility operations.
(z) Rates for siormwater managemem service
There Is levletl against all feepayers for all real propeM In the city which contributes
sfoemweler runoff to end/oe wnfch benefit from the city's stormwater managem t system
a monthly stormwater utility tee in accordance with the following tleflnifions, methotlology
Interim Stcrmwater lAiliry Fee
Oue to the urgency of implementing the stormwater atlfry to satis4y immediate needs
an Interim tee schedule Is established as follows'.
(a) Single Famiry Property Stormwater utility Fees
53.00 per month per unit
(b) Multi-family Property Stormwater Utility Fees
33.00 per month per unit
(c) Non-resltlentlal/COmmeeoial Property Stormwater U11IIty Fees
33.00 per month per unit
The Interim stormwater utility fees snail become eflective on September 1, 1991 end
shall continue until the stormwater utility fees eee determined and Implementetl by
resolution.
Stormwater utilM Fees
It is untlersYOOtl that the interim st water utllliy leas ar emporary antl will be
raplacetl by the stormwater utility fees. The stormwater utility (ees for single family
propeM, multi-family property, and nonresidential/wmmerolal propeM shell be as
determines by the Stormwater utility Evaluation and as adopted by resolution by me
oAy. The st r utility tees will be tletermined Ina expetlilious m antl
based on fai~and equitable cnarges for providing stormwater managementnservices
to all propenies within the city. The charges may be tliHerent for propenies receiving
diXerent classes of servlce.
The st utility lees shall become effective on the effective tlate of the
resmmuo~wnmh amends the inerim stormwater utinry fee.
Billing of Stormwater Fee
The Stormwater utility fees Imposed by this ortllnance shall be bllletl In conjunction
wiH1 the menthiy utility bll issued by the qty's utility bllling section. Such fees shell
be tlue antl payable at the same time antl in the same manner antl subject to the
me penalires es other utility fees. In the event a prope<ty shall not have utility
ervlce
at the time of the adoption of this ordinance, but Is deemed to be contributing
rtofilo or benefitting form the city's Stormwater management system, a new awount
shall be developed antl that properly shall be billed separately for the Stormwater
management charges
All such Mils for Stormwater Managemem Utlliry fees shell be rendered monthly by
the Finance Department and shall became tlue and payable in accortlance with the
rules and regulations of the Finance Department pertaining to the collection of utility
tees. The stonnwater management Niliry tee'rs part of a consolidated statement for
Utlliry cu which is generally paltl by a single peymen9. In the event that a
partial paymentsls reoelvetl, the payment shall flint be applied untiormly to all utility
services re(leeted on the bllling to the uullry account.
Any charge tlue hereunder which shall not be paid when tlue shall bear all approved
onihly s charges as provitled for elsewhere by ordinance end may be
eretl alit at law by the City. The delinquent a shell be
responable fo8all coals of oolleotien to Include reasonable attorney s fees whether
nary. In atlditlon to any other remedies or penalties providetl by
ihla otreanfy other o6tllnance of the Cty. (allure of any user of Clty uflllfles within the
City of Longwootl to pay saitl charges promptly when tlue shall be subjetl such user
to aiaoonenuanae of uruiry sa and the city Administrator of the City is hereby
empowered and dfreoted to enforce this provision as to any antl all delinquent users.
The Utlliry tee heralnabova prescribed shell constitute a debt to She Giry for whroh the
er, tenant and/or occupant shall be jointly antl severally liable. The records otihe
Clay shall be kept open br the inspection by the owner, tenant, or occupant antl 19
shall be the responsibility of a r, tenant or o cupant to ascertain that the
prescribed (ee or fees are beingnpaid~e
SECTION 6 ~ STOPMWATEP MANAGEMENt FUND
(a) A Stormwater management fund is hereby establishetl into whioh all revenues from user
lees, connection charges, 9ra other funding sources of the siormwater management
Utlliry shall ba deposlietl antl from wNCh all expantlliuras relatetl to the city's siormwater
nagemenf utility shall be paltl. Aoeouniing and reporting proeatlures shall be consistent
w¢h slate law and reported to the Ciry Commission by ine city aaminisvamr at least
annuany.
E%penditures for activities that ors not relatetl to the city's Stormwater management utility
shall not be perm netl from the fund e cept fora Prorated charge for gait ral city
govemmeni services such as accounting, data processing and management as isen eflect
for other city Utlliry tunas or oommon unliry expenses aeooumed for weer one utility system.
To the extent that stormwzer m nagement lees collectatl a nsutticient to operate o
eetletl stormwater systems, the cos[ of some may be paid from such City funds
as tleterminetl by the Clry Commission. The Gry Commfssfon may order the reimbursement
o(such funds if additional tees are ihereaMer collected.
SECTION ]-APPEALS
(a) Any teepayer who leek that the stormwater utility tee for his property has been assigned or
omputetl Inconectly may petition in writing fo the chy adminlsira9or for areview of said
charges. If the property antl its use fs not specified on the epplleable tee schetlule the city
atlministrator shall use the lee applicable to the most nearly comparable type of lantl use
on the fee scM1etlule. If the teepayer questions the computation of the stormwater utility tee,
than the feepayar shall prepare antl submit to the city atlministrator an independent lee
n for the property. The intlepentlent lee calculation study shall follow the
prescribed methoddogies and formats established by this ordinance end any regulations
promulgated hereuntler. Indepentlent tae calculations studies shall be prepared antl
presented by professionals qualified In their respective fields. The sNtly shall show the
basis upon which the independent fee calculation was matle, including but not limited to
rveys sowing the Impervious a antl s
detention ee end in nal o water m tnagement systetms, antl engineering
n~slte storm
studies documenting theastormwater runoff antl proposed oretllts attributable to the property.
The city administrator shat) consltler the documentation submitletl by the teepayer but Is not
requlretl to cept such tlocumentation as he shell re nebly tleem to be Inaccurate,
napplicable ao eeliabie antl may, in the altematiYesrequlre the feepayar to submit
~atltlitlonal or tliHerent documentation for wnsitleration. If any acceptable intlepentlent tee
caleulatlon study is not presented, She teepayer shall pay the stoemwe9er utility tees based
upon the schedules set forth in this chapter.
(b) If not satlslletl with fhe determination of the clry adminrstrator„ [hE teepayer, by filing a
wrlnen request wlm the airy atlmmisvetor wnnrn tan (r o) days of me ary administrators
determination, may schetlule a hearing before the Stormwater Eoard of Appeals, whose
tlecision shall be linal.
(e) Any adJustment to the originally tletarminad area shall be retroactive to commencement of
the charges antl tees provldetl said adjustment was requested whhln one year from the
t of the charges end fees, fhereeXer. Any credits euthorizetl by the appeal
p~ocess shalleonly ba effective egafns[ bllings subsequent to the date of the petition to the
city administrator.
SECTION 8 - DELIN OU ENT CHAFGES~ LIENS
TMe city shall have alien upon the property (or which the stormwater utility fee is assessed for any
and all delinquent or unpaitl stormwater management utility fees. Entorcemant antl toreclosure of
saltl lien(s) shall be as provided by law.
The city shall be entitled to collect reasonable attorneys fees from any teepayer, cu
property owner foe services rentlaretl by the <Ity's attorneys in the collegion of such charges or
In the institution antl prosecution of any foreclosure proceedings.
SECTION 9
If any sec clause or phrase of this ordinance Is for any re on held to be invalitl or
ilon, sentence,
onstitutlonal by eny court of competent jurlsdotlon, such poetlon shallsbe deematl a separate,
tl stinof, and Intlepentlent proNSlon, and saltl holding shall In no way affect the validity of the
remaining ponlons of this ordinance.
SECTION 10
All ordinances or parts of ortllnanees In conflict herewith are, to the extent of such wnilict, hereby
repealed.
SECTION 11
This ordinance takes eRed September i, 1991 a will expire on eptanber 1, 1996
wlesa readapted by ttre City Carenissaon.
Adopted at a regular meeting of the'vCity Commission of the Ciry of Longwood, Florttla, heltl
In Ciry Hell, Longwootl, Florida, on the ~ day of /
Arrest:
~~~'
Ci