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Ordinance 92-1078ORDINANCE N0. 92-10]A AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDq RELATING TO STORM WATER MANAGEMENT; PROVIDING FOR THE CREATION OF A STORMWATER MANAGEMENT UTILITY, ADOPTION OF SERVICE CHARGES FOR THE USE OF THE STORM WATER MANAGEMENT SYSTEM; PROVIDING FOR FURTHER EVALUATION OF CHARGES; PROVIDING FOR AN APPEAL OF SURFACE CALCULATIONS, ESTABLISHING A STORMWATER MANAGEMENT FUND; PROVIDING A SEVERABILITV CLAUGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Longwootl has intlicated its Intent to properly nags stormwater runoff; to provide for public safety Through eetlucetl flootling, property damage and a and to achieve improved water quality in the City s recervinq w tar bodies (i.e, rcs lakes. streams, antl aquifer); antl WHEREAS, all reel property in the City contributes stormwater runoff to the City's overall storm tlrainage system thereby requiring stormwater management; and WHEREAS, the City has tleterminetl substantial a ual m antl capital improvements are needed to improve the City's overell storm drainage sysiem;nantl WHEREAS, Florltla Statute 403-0099 spe<Itically authorizes cities to wnaider stormwater m nagement as a city utility function for which stormwater utility tees may be levied; antl WHEREAS, the Ciry Commission of the Ciry of Longwood finds that a need exists for additional tunSng for the stormwater m nagement program of the Gty antl that the a of stormwater m nagement unity tees is the most equitable method of providing this funding se WHEREAS, this ortllnance supersedes Ortllnance 91 ~t c45. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF LONG WOOD HEREBY ENACTS: SECTION 1: INTENT a the Intern of tnis ordinance for me pity m establish stormwater management as a Gry vuury to cortlance with Florltla StaWfe 609.0&93 end shall establish a program of stormwater utility tees for stormwater management services to be levied against all property within the Gry sufficient to plan. c nstruct, operate. and maintain its stormwater management system and to accomplish the functions of said utTty. These functions include, but are not limltetl to, maintenance, planning, design, onstruction, regulation, rveylrrg, end Inspeclon as they relate tc stormwater management systems and faolllfies of the oiry. SECTION 2: DEFINITIONS (a) "CM' shall mean the Ciry of Lcngwood, Florida, antl Xs staff antl elected oHicisls. (b) "City Admfntstratot' shall mean the vlty atlministrator or his tleslgnee. (c) 'Department shall mean the city public woMS department. (d) 'Equivalent drainage unit (EDII)'shall mean the basic unltfor the computation of stormwater utility fees. Intl'rvidual single family and intlivitlual multi-family residential properties shall be equal to a equivalent drainage unit. Non-residential/commercial properties will have EDU's computed on the bazis o11 EDU equalling 2,898 square feet of impervious areas. (e) `EeepayeY shall mean the owner cr occupant of real property in the City which contributes stormwater ninon direMry o ina'ireeny to andlor which benerns o-om me city az stormwater management system. (g "Interim stormwater Wilily tae"shall ba the charge for all single family,multi-famty,andnon- esidential/commercial properties until such lime [he stormwater utility fees are tleterminad antl atloptetl by resolution. (9) Multifamily" residential properties shall inclutle all duplex, condominium, apartment townhouse, antl other properties c ning m e than c e dwelling unit. However, retiremen, antl publicly staled ohousing omplexes shall be treatetl es non residential/commerolal properties for caloulatlon of stormwater utility fees. (h) 'Non+esltlentlal/commercial' properties shall Inclutle all property i ned o cial, intlustdal, retail, governmental, or cthar nc esitlential purposes anddshall nclude all real property In the city not classified es singlenfamly or multi-family as deilnetl in 2 (f) and 2 (jf. (I) °RecelVinB water'shail mean those creeks. streams, lakes, sinkholes, antl other bctlles cf water into which surface waters are tlireMetl either naturally or in manmatle ditches, pipes. or open systems. () ^Single family° residential properties shall include all single famiy Reached housing units. Attached single family tlwellings served by Individual water mMers shall also be consitleretl antler this category. Ail other residential property shall be classlfietl as'multhfamlly". (k) "Sbrmwater management pian'shall mean a plan for receiving, handling, transporting, and treating storm antl surface waters within the city as atloptetl by the City Commission. (I) 'stormwater management system" shall mean a system which Is tlesignetl antl consWCtetl implamentetl to control discharges which are necessitatetl by rainfall events, incorporating methods to collets, convey, st absorb, inhibit, treat u water to prevent or reduce flooding, over drainage oen oral degradation and water pollution or otherwise aNect the quantity and quality of discharges from the system. The stormwater management system includes all natural and manmade elements used to ccnvey stormwater from the tiM point of impact with the surface of the earth to a suitable recetling water or location nal o eaemal ro the noundaries of the ciry. The water m nagement system nowdes all pipes onannela, s a, mtonea, wetlands s gholes, derenfion/retention bazins. ponds. and other stormwaternconveyance and treatment facilities whether public or private. Regardless of whether o not the ciry shall have recorded rights~of~way o ants, It Is presumetl that the ciry has e prescriptive right of access to ell stcrmwatar management facilities for operetlon, maintenance, rehabilitation, or replacement. (m) 'Stormwater Utiflty Evaluation" shall mean a tletalled engineering and financial analysts of Stormwater m nagement plan costs and financial responsibility for all teepayers. (n) °Stormwater Board of Appeels'shall mean the Stormwater Boartl of Appeals created untler SaGion 6 of tnts ordinance. (o) "Contributing RunotY'the area ofa parcel from which Stormwater will result in runoff. For the City of Longwootl, the contributing runoff of each parcel is estimatetl az tog%of the square feet of impervious surface locatetl on the parcel. (p) "Owner, TenanR Occupant" shall Include the executors, administrator, su and ssigns of the person refercetl to: antl the c ants antl agreements containetl In any tract between the department and i[s consumers shoultl be binding upon an inure to the benefit of the su cessors, heirs, executors, administrators or assigns of the respective persons thereto. s (qJ "Paecel` the area of fend for which the EUU calculetlon Is determinetl tor, Including all buildings antl appurtenances situated thereon the premises, (r) "Pervious areas that area within the City of Longwood which is, untler stantlard contlitions, permeable to Stormwater runoff antl surace water. (s) "Pn'/ate" that peopeery or faculties o ned by Intllvlduals, corporations, end other organizations antl not by a ciry, county, slate, or federal government agency. (t) "Service Aree"the corporate limits of the city of Longwootl. (u) "Site Mitigation" all private facilities constructed on a parcel of land wnlu, provide for the abate tof stoemwater to amounts equivalent to vacant peopefiy or standards prescribed by the ciry. (v) "StonnwateY means the flow of water which results hom and occurs immedfa[ely following arainfall evens. (w) "Stormwater Management Fee° Stormwater Management Utility Fee masted h wnicn is billed on the basis of equivalent drainage units, The lee shall include the Base Raie and Contribution Rate. (x) "Vacant any piece or parcel of lantl that is without any building, structure, appurtenance. ar improvements. (y) 'County' means the County of Seminole, Floritla. (z) °Developetl Property' shall m any property altered in appearance by re vat of vegetation, grstling of the grountl surface antl construction of a structure or impervious surface. (aa) "Impervious Areas" those hartl surtacetl areas which either prevent or severely restdcts the entry of w o the sail mantle, as it enteretl under natural contlitions prior to development`e and{or ca er to ru ott the surface in greater quantities or at a sect ra of flow from that preseninunder n turel contlltions prior to tlevalopment. Com impervious surtaces include, but are not Invited to, rooftops, sitlewalks, walkways, patio a eaz, driveways.. parking lots, storage areas antl other sudaces which similarly impact the natural infiltration or runoff panems which existetl tc development, inclutling n anal water In pontls and lakes. SECTION 3 -UTILITY ESTABLISHED There is hereby created and established In YFa city a stormwater management utility in accordance with Section 903.0893, Floritla Statutes. This stormwater management utility shall be responsible for the olry's stormwater management system and shall have equal status with other ufltlry servloes provitletl by the city. SECTION 4 -DUTIES AND POWERS The stormwater management utility shall have authority over the drainage from all properties within the city antl shall carry out the following functions: (a) Prepare n of plans for improvements and betterments to the stormwater m nagement system. (b) Construction of Improvements antl betterments to the stormwater management system. (c) The promulgation of regulations forthe use of the stormwater management system inclutling provisions for the enforcement of said regulations. (d) Review antl approval of all new development permits within the city for compliance with water management regulations inclutled In the present city cotle or amentlments later atloptetl. (e) Performance of routine maintenance antl minorimprovement to the stormwater management system. (1) Recommendation of charges for connection to and use of the stormwater management system (g) Evaluation of water quality concerns for discharges to the stormwater manageme t system, (h) Performance of all n utility Nnciions relating to construction, operation, antl maintenance of the ciry~s stormwater management system. SECTION 5 - STORMWATER UTILITY FEES The stormwater management utility is empowered by [hls ordinance to recommentl charges forthe e of antl discharge to the city's stormwater managemem system. Such charges shall be based on the cost d providing stormwater management services io all properties within the city and may be different for properties receiving different classes of service. The Clry Commission shall adopt antl re se from time to time a schedule of stormwater utility teas for stormwater management services to cover funding requirements of utllity operations. (a) Rates for stormwater management servloe There is vied against alt feepayers for all real property In the city which contributes non wand/or which benefit hom the city's stormwater management syste onthry st water utility fee in accordance with the idlowing definitions, methotlology antl schetlulerm 1. g[ormwater Utility Fees (a) Single Famiy Property stormwater Utility Fee 53.00 per month per unit (b) Multi-family Properly stormwater Utility Fee 53.00 per month per unit (c) Nonresltlentlal/Commeroiel Properly stormwater Utlliry Fee ST00 per EDU per month (II property has mitigation)~minimum charge 51.00 per month 53.29 per EDU per mcnth (If properly has no mitigation)-minimum charge 53.29 per monN (d) Vacant property wilt not be as setl a stormwater Utility Fee, but may be sad a imum fee at sometime in the future as tletarminetl by the City Commission. The stormwatae utllity fees shall become efiecttye on June 1, 1992. 2. stormwater Management Systems Inspection Fee the city snau cnarge a fee of Sso.W mr eacn inspection of completes aormwater m negement systems which were approved for construction by the City. Billing of Stormwater Utility and Stormwater Managemem Systems Inspection Fees The Stormwater utility lees and the Stormwater managem t syste nspectlon fees imposed by this ortlinance shell be billetl In conjuno[ion with the monthly Wllity bill ued by the city's utility billing section. Such fees shall be due antl payable at the antl in the same manner antl subject to ine same penalties as other utility tease In the event a property shall not have utility service at the Time of the atloption of this ortlinance, but is tleemetl to be contributing runoil to or beneltling Corm the city's nagement system, a new account shall be tleveloped antl that property shall be bllletl separately for the Stormwater management charges. All such bills shall be rentlered monthly by the Finance Department antl shall became tlue and payable in cordance with the rules and regulations of the Finance Department pertaining to [he colleMion of utility fees. The Stormwater management utility fee is part of a consolitlatetl statement for utility customers which is generally paid by a single payment. In the event that a partial payment is cued, the payment shall itrs[ be applletl unlfortnly to all utility eervlces retlectetl on ethe billing to the utility account. Any charge due hereuntler which shall not be paitl when tlue shall bear all approvetl on[hly s charges as providetl for elsewhere by ortlinance and may be eretl ein action at la by the City. The tlelinqueni a shall be reaponsble for ail costs of coliectlon to include reasonable enorneysfees whether not suite is necessary. In addition to any other remetlles or penalties provitletl by this or any ocher ortlinance of the Ciry, failure of any u r of Ciry utilities within the City of I.ongwootl to pay said charges promptly when due shall be subject such user to tllscontinuance of utility se and the City Atlminis[rator of the City is hereby empowered antl tliracted to enforce this provision as to any and all delinquent users. The utiiiry tee antl inspection fee hereinabove prescribetl shall constitute a tlebt to the City for which the owner, tenant antl/or occupant shall be jointly antl severally liable. The reoords of the Clty shall be kept open for the Ir~spectlon by the owner, tenant, or cupant antl it shall be the responsibility of an r, tenant or occupant to ascertain that the prescribed lee or tees ere being paid,ne (a) A Stormwater management fund is hereby establfshetl Into which all revenues from user fees, connection charges, grants, or other funding sources of the Stormwater management utlity shall ba deposited end from which all expenditures related to the city's Stormwater nagem utility shall be paid. Accounting and reporting procedures shall be consistent whh st teelew and reportetl to the City Commission by the Uty administrator et least annually- Expentllfures for aotlvliles ghat are not related to the city's sbrmwater management utlity shall not be perm ned from the fund a cept for a prorated charge for general city gov ant services such as accounting, data processing and managem n effect for other city utility funtls or common utility expenses accounted for under one Nllity System. To the extent tnat stormwater management fees ccllegetl ar nsufrcient fo operate o onsiruct neetled stormwater systems, the cost of some may be paitl from such City funtls mined by the Cry Commission. The city Commission may order tna reimbursement of soon funds it additional foes are mereaner calected. SECTION) ~ APPEALS (a) Any feepayer who feels that the stormwater utility tee for his property nos been assignetl or ompufed Incorzectly may petition in mifing tc the city admintstmtor, or olty adminlsiretor's designee, for a review of saitl charges. If fhe property and its u t spec tied on the applicable fee schetlule, the city atlminisirator shall use the fee applecable tc the most nearly omperable type of land use on the fee schedule. If the feepayer questions the computation 01 iha stormwater utility fee, then the feepayer snail prepare antl submit to the city administrator, o city atlminisiralor's tlesignee, a intlependent tee calculation for the property. Tne intlependent fee calculation stutly shall follow the prescribetl methotlologies and formats establishetl by this ortlinance antl any regulations promulgated hereunder. Tne stutly snail show the basis upon which the intlependent fee calculation waz matle, including but not limited to surveys showing the impervious areaz, o site stormwater retention antl and in mal o nagemenf systems, antl engfn earing studlesotlocumenfing the stormwateai runofl an(d proposetl credits atlrlbufable o fhe property. The city atlminis(rator, or city atlminis(rators tlesignee, shall consitler the documentation submitted by the feepayer but is not requiretl to accept such tlocumentation es ha shall reasonably tlaem to be inaccurate, inapplicable or no[ relable antl may, In the alternative, requlee the feepayer to submit atltlitlonal oe tlliferenf tlocumentation for nsideration. If any acceptable intlependent tee calculation stutly is not presentetl, [tie feepayer shall pay the stormwater utility tees bazetl upon (tie schetlules set forth in this chapter. (b) If not satlNetl wAh the determination of the city atlminls(rator, or city adminlstrator'e designee, the feepayer, by filing a wrinen request with the city atlminlstmtor wlinin ten (10) tlays of the tleferminatlon, may request a hearing to appeal the decision before the Ciry Eoartl of Atljusiment. (c) Any adjustment to the originally determined area snail be retroactive to commencement of the charges and tees. SECTION B -DELINQUENT CHAPGES' LIENS The city snail have a Ilan upon the property for which the stormwater utility fee is assessed for any antl all tlelinquent or unpaitl stormwater management utility fees. Enforcement antl foreclosure of said Oen(s) snail be as provltletl by law. The city snail be eniitletl to collect re noble aXOrneys tees from any feepayer, usiomer or property owner for services rentleretl by the city's aHOmeys in the collection cf such charges or in the instiiutlon antl prosecution of any foreclcsure proceedings. SECTION s If any section, sentence, clause or phrase of this ortllnance is for any reason heltl to be invalitl or onstitutional by any court of competent juristliction, such portion shall be daemetl a separate, d stlnct, antl indepentlent provision, antl saitl holtling shall in no way aRect the valitlity of the remaining portions of this ortlinance. SECTION YO All ordinances or pads of ordinances in conflict herewith are, to the extent of such conflict, hereby SECTION tt This ordinance takes effect June t, 1992 antl will expire on October 1, 1996 unless reatlopted by the City Commission, Adopted at a regular meeting of the Ciry Commission of the Ciry of Longwood, Floritla, heitl m city nau, Longwooa, Fmdda, on the f$!'ti day off X992 . M Anest: ~Li ~.