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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 .