Ordinance No. 80-90-44 v ORDINANCE 80-90-44
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 22, UTILITIES, ADDING UNDER ARTICLE IV
A SECTION TO ESTABLISH STORMWATER MANAGEMENT
UTILITY RATES, TO PROVIDE GENERAL PROVISIONS,
DEFINE FEE CATEGORIES, ESTABLISH A FEE SCHEDULE,
SET ENFORCEMENT AND PENALTY PROCEDURES, ESTABLISH
AN APPEAL PROCESS, DEFINE SEVERABILITY, AND
PROVIDING AN EFFECTIVE DATE.
1 . 0 GENERAL PROVISIONS
1 . 1 Short Title:
This ordinance shall be known and may be cited as
the STORMWATER MANAGEMENT UTILITY (SMU) FEE
ordinance of the City of Atlantic Beach.
1 . 2 Findings of Fact:
It is hereby found, determined, and declared as
follows:
(a) The City of Atlantic Beach has established a
SMU by separate ordinance.
(b) A utility rate structure has been prepared
that establishes an operating program budget
of planned expenditures .
(c) Adequate revenue for the planned expenditures
shall be provided by application of the
utility fees as established by this
ordinance.
1 . 3 Definitions:
Unless specifically defined below, words or phrases
shall be interpreted so as to give them the meaning
they have in common usage and to give this
ordinance its most effective application. Unless
specifically intended otherwise, words used in the
singular shall include the plural and the plural
the singular; words used in the present tense shall
include the future tense. The word "shall"
connotes mandatory and not discretionary
compliance; the work "may" is permissive.
(a) Equivalent residential unit (ERU) shall mean the basic unit, derived
from data for Atlantic Beach used to compute individual SMU fees.
(b) Impervious area shall mean any part of any parcel of land that has been
modified by the action of persons to reduce the land's natural ability to
absorb and hold rainfall. This includes areas that have been cleared,
graded, paved, graveled, or compacted, or covered with structures. All
lawns, landscape areas, and gardens or farming areas are excluded.
(c) Manager shall mean the Atlantic Beach City Manager or designee.
(d) Multi-family property shall include all residential development not
classified as single-family residential.
(e) Non-residential property shall include all property zoned or used for
commercial, industrial, retail, governmental, or other non-residential
purposes and shall include all developed real property in Atlantic Beach
not classified as single- or multi-family residential property as defined in
this ordinance.
(f) Single-family property shall include all single-family detached
residential dwelling structures. All other residential development shall be
classified as multi-family.
2.0 UTILITY FEE CATEGORIES
2.1 Single-Family Property:
Each single-family property shall be considered one ERU for billing purposes.
Data for Atlantic Beach indicates that each ERU has a median impervious area
of approximately 1,790 square feet. Monthly utility fees for each ERU shall be
established in Section 3.0 of this ordinance.
2.2 Multi-Family Property:
Each residential unit of multi-family property shall be considered as 0.6 ERU
for billing purposes. Monthly utility fees for each ERU shall be established in
Section 3.0 of this ordinance.
2.3 Non-Residential Property:
The monthly utility fee for all non-residential properties shall be calculated in
accordance with the following formula:
Impervious Area (Sq. Ft.)/1,790 = Number of ERUs
2
Monthly Fee= (Number of ERUs) x (Rate per ERU)
A minimum value of one (1.0) ERU shall be assigned to each
non-residential property. The impervious area of each non-
residential property shall be determined by the City manager
or designee. The value of 1, 790 square feet of impervious
area per ERU is a median value obtained from data for Atlantic
Beach. Monthly utility fees for each ERU shall be established
in Section 3.0 of this ordinance.
3.0 FEE SCHEDULE
3.1 ERU Rate:
The fee per ERU billing unit shall be $3.00 per month.
3.2 Capital Improvement:
At such time as a stormwater management master plan is
completed and capital improvement projects are identified,
project expenditures will be approved by the directors
each budget year.
3.3 Undeveloped Property:
Initail SMU fees shall not be levied against undeveloped
property that has not been altered from the natural state, as
evidenced by a complete lack of impervious surface as defined
in this ordinance. Farmland, gardens, and landscaped areas
also shall be exempt except for roads, parking, or structures
associated therewith. Results of a stormwater management
master plan for Atlantic Beach when completed, can be used to
adjust the exemption for undeveloped property, when specific
benefits to undeveloped property are possible to quantify.
3.4 Credit Factors:
Property owners who have provided stormwater management
facilities in excess of the requirements of the Atlantic Beach
land development code, and that are consistent with the
stormwater management master plan, when completed, may request
a reduction in the SMU fee. Determination of the credit to
be allowed shall be made by the City Manager or designee. The
credit shall apply only to the portion of the fee above the
required to cover common fixed costs of the SMU program.
4.0 ENFORCEMENT AND PENALTIES
3
Pursuant to state law, the City of Atlantic Beach
shall have a lien for delinquent or unpaid
stormwater management service charges . Enforcement
and foreclosure of said lien(s) shall be as
provided by law. Interest on the unpaid balance
shall be the highest rate as authorized by state
law.
5 . 0 APPEAL PROCESS
Any customer or property owner who feels that the
SMU fee for their property has been assigned or
computed incorrectly may petition in writing to the
City Manager or designee for a review of said
charges .
If not satisfied with the determination of the City
Manager or designee, the petitioner may ask for a
hearing before the City Board of Adjustment whose
decision shall be final.
6 .0 SEVERABILITY
If any section, sentence, clause, or phrase of this
ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the
remaining portions of this ordinance. All
ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby
repealed.
7 . 0 EFFECTIVE DATE
This Ordinance shall take effect immediately upon its
final passage and adoption.
PASSED by the City Commission on first reading, this
25th day of March , 1991.
PASSED by the City Commission on second and final
reading, this 22nd day of April , 1991 .
ATTEST:
. , , ..ti
MAUREEN KING FrLL -i' I. .' IFi q5 ,
City Clerk Mayor, Presiding Offi•
Approved as to form and correctness:
—
C. JEN ` ► , ESQUIRE
City Atto -y
Note: This ordinance was approved on first reading on November 12 ,
1990 , and defeated on second reading on December 13 , 1990 ,
and has been brought back for consideration as requested at
the Commission meeting of March 11 , 1991 .