Fort Walton Beach Council agenda — 06-17-08 special agenda — reading text

Environmental Protection, the Northwest Florida 22 Water Management District, and other local governmental entities; 23 24 ( b) Develop a City -wide Stormwater Management Program responsible for the 25 construction, operation, and maintenance of stormwater devices; for stormwater system 26 planning; for review of development plans for compliance with stormwater management 27 codes; and for surface water quality mana ement; 28 29 ( c) Recommend stormwater utility user fees sufficient to plan, construct, operate, and 30 maintain stormwater management systems; 31 32 ( d) Recommend the establishment and setting aside, as a continuing source of revenue, 33 other funds sufficient to plan, construct operate, and maintain the City' s stormwater 34 managements stems; 35 36 ( e) Protect, restore, and maintain the chemical, physical, and biological integri y of 37 community waters; 38 39 ( f) Assist in preventing individuals, business organizations, and governments from 40 causing harm to the community, by activities which adversely affect water resources; 41 42 ( g) Encourage the construction of drainage systems which aesthetically and functionally 43 approximate natural systems, 44 45 ( h) Encourage the protection of natural systems, and the use of such natural systems in A6 ways which do not impair their beneficial functioning;  i) Encourage the use of drainage systems which minimize the consumption of electrical enemy, or petroleum fuels, in order to move water, remove pollutants, and maintain said systems; 6 (() Minimize the transport of pollutants to community waters; 8( k) Maintain or restore groundwater levels, 10 ( 1) Protect, maintain, or to restore natural salinity levels in estuarine areas; 12 ( m) Minimize erosion and sedimentation; 13 14 ( n) Prevent damage to wetlands, 15 16 ( o) Prevent damage from flooding, while recognizing _that natural fluctuations in water 17 levels are beneficial; 18 19 ( p) Protect, restore, and maintain the habitat of fish and wildlife; 20 21 ( g) Ensure the attainment of these objectives by requiring the approval and 22 implementation of a Stormwater Management Program for all activities adversely 23 impacting community waters; 24 25 ( r) Ensure cooperative efforts toward joint development of compatible and efficient 26 stormwater management programs in adjacent jurisdictions; 27 28 ( s) Ensure the Cites compliance with all requirements of the NPDES permit. 29 30 31 10. 521. 03 STORMWATER MANAGEMENT UTILITY USER FEE 32 There is hereby created a stormwater management utility user fee to be charged 33 for the provision of stormwater management services to properties with impervious 34 surfaces and developed^properties with improvements or uses that contribute stormwater 35 runoff to the City's stormwater management systems. Such user fees shall be used only to 36 accomplish the functions of the stormwater management program and utility. Such user 37 fees shall be a monthly fee as established by a separate resolution and set forth in the 38 Comprehensive Fee Schedule, in accordance with the following methodology. 39 40 ( a) Single- family residential property. Each single -family property, including those properties 41 with up to four residential units shall be considered one ERU for billing purposes. Monthly 42 service charges for each single -family dwelling unit shall be identical. 43 44 ( b) Other properties All other properties shall be charged a user fee equivalent to the following 45 formula: Base ERU = Total impervious surface on property divided by the residential ERU of 46 2, 700 or one ( l) ERU, whichever is ater. r n7  10. 521. 04 Exemptions 3 City -owned lots or parcels, public road rights -of w - ays, vacant lots or parcels, and 4 undeveloped lots or parcels shall be classified as exempt from stormwater utility user 5 fees. 8 10.521. 05 Right of Refusal to Connect To Utility; Procedures 9 Any property owner responsible for paving the stormwater user fee, who chooses 10 not to use stormwater management program services, may elect to develop their property 11 in a manner that retains all run -off on -site and prevents discharge to the City' s 12 stormwater infrastructure. The property owner must verify retention of all stormwater on- 13 site by submitting, for review and approval by the City, certified engineering drawings 14 and calculations demonstrating that one hundred ( 100) percent of the total volume of 15 runoff from the property will be retained within the property. The engineering 16 calculations shall be based on runoff volumes from the one- hundred-year frequency 17 rainfall event, for the following durations: one ( 1), two 2), four 4), eight ( 8) and twenty- 18 four (24) hours and one ( I), two ( 2), three ( 3), four (4), seven 7 and ten ( 10) dam 19 20 21 10. 521. 06 Mitigation Credits 22 Stormwater fee credits of up to fifty percent ( 50 %) may be given to developed 23 properties, demonstrating stormwater control and management facilities which e erate 24 less volume of runoff and apply Best Management Practices ( BMPs ) to improve surface 5 water quality. The amount of each available credit shall be adopted by se arate resolution 26 and set forth in the City' s Comprehensive fee schedule Credits will be awarded on a 27 four -year basis and each property owner must reestablish the right to a credit every four 28 ( 4) years. A property owner may apply for a credit by submitting an application for 29 credit, on a form approved by the City Manager, along_ with certified engineering 30 drawings and calculations sufficient enough to evaluate a claim for credit 31 32 33 10. 521. 07 Collection of Fees 34 Stormwater utility fees shall be collected and enforced in the same manner that 35 water, wastewater, and solid waste fees are collected and enforced Failure to timely pay 36 the monthly stormwater utility fees will result in the termination of water service to the 37 subject property in accordance with section 10. 53. 02, of the City' s Code, as amended 38 The City may, at its discretion, submit a separate notice to aproperty owner of the annual 39 stormwater utility fees imposed on that owner' s property if such notice will facilitate the 40 billing and collection of imposed fees. 41 42 43 10. 521. 08 Stormwater Utility Fund 44 There shall be established a stormwater utility fund for the deposit of all fees 45 collected pursuant to this ordinance for the Stormwater Management Program The d6 stormwater utility fund shall be used exclusively to provide services and facilities related  1 to the Stormwater Management Program and for the following expenditures: operation or 2 maintenance of stormwater management facilities; costs for the planning, evaluation, 3 design, construction, and management of the Stormwater Management Program; 4 administrative costs related to the management of the Stormwater Management Program; 5 management services, such as permit review and planning and development review 6 related to the Stormwater Management Program; debt service financing_ of capital 7 improvements related to the Stormwater Management Program. 8 9 10 10. 521. 09 Inspection, Compliance, and Enforcement 11 The City' s Code Inspectors and other City staff as required, upon presentation of 12 proper identification, shall be granted access for inspection of facilities, structures, or 13 properties, discharging or suspected of discharging to the City's MS4 or waters of the 14 United States in order to effectuate the provisions of this ordinance, investigate violations 15 or complaints of potential violations of the terms of this ordinance, and to collect samples 16 for review and analysis. All structures and processes which allow discharges to the City's 17 MS4, as well as records concerning them, shall be made accessible to authorized 18 personnel for this purpose. 19 20 21 SECTION 4. CONFLICTS 22 If any ordinance or parts of any ordinance are in conflict with this ordinance, the 23 provisions of this ordinance shall prevail. 4 5 26 SECTION 5. SEVERABILITY 27 If any provision, section, paragraph, sentence, clause, or portion of this ordinance, or the 28 application thereof to any person or circumstance, is, for any reason, held invalid by a court of 29 competent jurisdiction, such provision shall be deemed a separate, distinct, and independent 30 provision, and such holding shall not affect the validity of the remaining provisions or portions. 31 32 33 SECTION 6. PENALTIES 34 Violations of this ordinance shall be subject to enforcement and penalties as provided in 35 chapter 1. 05 of the City' s Code. 36 37 38 SECTION 7. EFFECTIVE DATE 39 This ordinance shall become effective immediately upon its adoption by the City 40 Council. 41 42 43 44 Adopted Mike Anderson, Mayor 45 J6 7  1 2 Attest: Approved for form and legal sufficiency: 3 4 5 6 Helen Spencer, City Clerk Toni Craig, City Attorney 7 8 Codification Instructions: 9 Sections 1, 2, 4, 5, 6, 7: not codified. 10 Section 3: codified as chapter 10. 521 as indicated. n  Page 1 of 1 Sam Wilson From: Toni Craig [ tonicraig@cox.net] Sent: Wednesday, June 11, 2008 5: 22 PM To: Sam Wilson; John Hofstad Cc: ' Bomar, Michael'; Helen Spencer; Joyce Shanahan Subject: RE: Stormwater Utility Good Afternoon Guys Attached is my final version of