2021-09 Code Amendment - Stormwater Management UtilityORDINANCE NO. 2021-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES BY ADOPTING A NEW CHAPTER 30, "STORMWATER
MANAGEMENT UTILITY;" CREATING A STORMWATER MANAGEMENT
UTILITY AND STORMWATER MANAGEMENT UTILITY FUND;
PROVIDING FOR ADOPTION OF STORMWATER MANAGEMENT
UTILITY ASSESSMENTS BY RESOLUTION; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, stormwater runoff is capable of carrying pollutants into receiving bodies, thereby
degrading water quality; and
WHEREAS, the increase in. nutrients, such as phosphorous and nitrogen, resulting from
stormwater runoff accelerates eutrophication of receiving water bodies and adversely affects flora
and fauna; and
WHEREAS, improperly channeling water increases the velocity of stormwater runoff and
increases erosion andsedimentation; and
WHEREAS, construction requiring the alteration of natural topography and removal of vegetation
tends to increase erosion; and
WHEREAS, siltation of water bodies resulting from increased erosion decreases the capacity of
water bodies to hold and transport water, interferes with navigation, and harms flora and fauna;
and
WHEREAS, impervious surfaces increase the volume and rate of stormwater runoff and allow less
water to percolate into the soil, thereby decreasing groundwater recharge; and
WHEREAS, improperly managed stormwater runoff may increase the incidence and intensity of
flooding, which endangers property and human welfare; and
WHEREAS, the Village of North Palm Beach conducted a preliminary feasibility study and final
stormwater management study in 2019 and 2020 respectively, further finding that the Village
maintains a system of storm and surface water management facilities, inlets, conduits, pipes,
manholes, channels, ditches, drainage easements, retention and detention basins, infiltration
facilities, and natural waterways; and
WHEREAS, those elements of the Village stormwater management system that provide for the
collection, storage, treatment, and conveyance of stormwater benefit and provide services to all
developed property within the Village; and
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WHEREAS, the cost of operating and maintaining the stormwater management system and the
financing of existing and future repairs, replacements, improvements, and extensions thereof
should, to the extent practicable, be allocated in relationship to the contribution to the need for
services; and
WHEREAS, the stormwater management system requires scheduled maintenance, rehabilitation
and replacement; and
WHEREAS, all developed property either uses or benefits from the presence and operation of a
stormwater management system; and
WHEREAS, the use of the stormwater management system is dependent on land use, impervious
area and other factors that influence runoff; and
WHEREAS, Florida municipalities have authority to establish a stormwater management utility
pursuant to the home rule powers provided in the Florida Constitution and Florida Statutes; and
WHEREAS, the uniform method of collection for non -ad valorem assessments is expressly
permitted for stormwater management fees in Section 403.0893, Florida Statutes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends the Village Code of Ordinances by adopting
an entirely new Chapter 30, "Stormwater Management Utility," to read as follows:
Sec. 30-1. Intent
It is the intent of this article to establish stormwater management as a Village
utility enterprise in accordance with F.S. §403.0893 and to establish utility
assessments for stormwater management services to be levied against all developed
property within the Village that benefit from the Village's stormwater management
system to accomplish the functions of such utility. These functions include, but are
not limited to, maintenance, planning, design, construction, regulation, surveying,
and inspection as they relate to stormwater management facilities of the Village.
The stormwater utility assessments will be levied as a non -ad valorem special
assessment on the tax bill using the Uniform Method of Collection as authorized
by the State of Florida in F.S. §403.0893(3).
Sec. 30-2. Findings.
The Village Council finds as follows:
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(1) Stormwater runoff is capable of carrying pollutants into receiving bodies,
thereby degrading water quality; and
(2) The increase in nutrients, such as phosphorous and nitrogen, resulting from
stormwater runoff accelerates eutrophication of receiving water bodies and
adversely affects flora and fauna; and
(3) Improperly channeling water increases the velocity of stormwater runoff
and increases erosion and sedimentation; and
(4) Construction requiring the alteration of natural topography and removal of
vegetation tends to increase erosion; and
(5) Siltation of water bodies resulting from increased erosion decreases the
capacity of water bodies to hold and transport water, interferes with
navigation, and harms flora and fauna; and
(6) Impervious surfaces increase the volume and rate of storm water runoff and
allow less water to percolate into the soil, thereby decreasing groundwater
recharge; and
(7) Improperly managed stormwater runoff may increase the incidence and
intensity of flooding, which endangers property and human welfare; and
(8) The Village conducted a preliminary feasibility study and final stormwater
management study in 2019 and 2020, respectively, further finding that the
Village maintains a system of storm and surface water management
facilities, inlets, conduits, pipes, manholes, channels, ditches, drainage
easements, retention and detention basins, infiltration facilities, and natural
waterways; and
(9) The Village maintains a system of storm and surface water management
facilities, inlets, conduits, pipes, manholes, channels, ditches, drainage
easements, retention and detention basins, infiltration facilities, and natural
waterways; and
(10) Elements of the Village stormwater management system that provide for
the collection, storage, treatment, and conveyance of stormwater benefit and
provide services to all developed property within the Village; and
(11) The cost of operating and maintaining the stormwater management system
and the financing of existing and future repairs, replacements,
improvements, and extensions thereof should, to the extent practicable, be
allocated in relationship to the contribution to the need for services; and
(12) The stormwater management system requires scheduled maintenance,
rehabilitation and replacement; and
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(13) Real property either uses or benefits from the presence and operation of a
stormwater management system; and
(14) The use of the stormwater management system is dependent on land use,
impervious area and other factors that influence runoff; and
(15) Florida municipalities have the authority to establish a stormwater
management utility pursuant to the home rule powers provided in the
Florida Constitution and Florida Statutes.
(16) The uniform method of collection for non -ad valorem assessments is
expressly permitted for the collection of stormwater management fees by
F.S. §403.0893(3).
Sec. 30-3. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Condominium means a residential property with a Palm Beach County
Property Use Category of "CONDO" and means a property as defined by section
718.103, Florida Statutes. "Condominium" means that form of ownership of real
property created pursuant to Chapter 718, Florida Statutes, which is comprised
entirely of units that may be owned by one or more persons, and in which there is,
appurtenant to each unit, an undivided share in common elements.
Department means the Village's Public Works Department.
Development or Developed Property means a property or parcel that has been
altered in any way by human beings from its natural state.
Director means the Public Works Director or his/her designee.
Equivalent residential unit or ERUmeans 5,550 square feet of impervious area
of a property and is the basic unit for the computation of the stormwater
management utility assessment.
ER U rate means the rate established by resolution of the Village Council
whereby the stormwater management utility assessment is determined for each
property within the Village.
Illicit discharge means any discharge to a municipal separate storm sewer
and/or receiving water body that is not composed entirely of stormwater.
Impervious area means the surface area of a property into which the
percolation and infiltration of stormwater is prevented or significantly restricted.
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Multifamily residential means a residential property with a Palm Beach County
Property Use Category of "MULTIFAMILY" or "MULTIFAMILY < 10 UNITS".
Nonresidential means all developed properties that do not fall into the Single-
family Residential, Multifamily Residential or Condominium categories.
Pervious area means the surface area of a property which is not impervious
area.
Property means the land parcel as geographically defined by the Palm Beach
County Property Appraiser.
Receiving water means a lake, canal, river, stream or other water body into
which surface waters, including stormwater runoff, are directed, either naturally or
in manmade ditches, pipes or other mechanisms.
Single-family residential means a residential property with a Palm Beach
County Property Use Category of "SINGLE-FAMILY", "SINGLE -FAMILY -IND
ZONE" or "TOWNHOUSE".
Stormwater management system or system means the network of facilities, both
natural and manmade, including lakes, canals, rivers, streams, swales, culverts,
pipes, wetlands, detention and retention basins, which convey stormwater from the
point of first impact with the surface of land to the receiving water.
Stormwater runoff means the stormwater which impacts (falls on) a property
and does not percolate or infiltrate the ground onto which it falls.
User means any individual or legal entity which owns property within the
Village and thereby uses and benefits from the operation and maintenance of the
stormwater management system by the Village.
Utility or Stormwater management utility means the division within the Village
Public Works Department which constructs, operates and maintains the stormwater
management system and otherwise performs the powers and duties described in this
chapter.
Sec. 30-4. Stormwater management utility established.
The Village of North Palm Beach Stormwater Management Utility is hereby
established to be a division within the Village Public Works Department. The
Utility shall be administered by the Director of Public Works or his/her designee.
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Sec. 30-5. Powers and duties of the stormwater management utility.
Subject to the supervision and authority of the Village Manager and the
Director, the Stormwater Management Utility shall have the following powers and
duties:
(1) Prepare plans for improvements to the stormwater management
system;
(2) Construct, operate and maintain the facilities which comprise the
stormwater management system located on public property and
within public rights-of-way and public easements;
(3) Recommend regulations for adoption by the Village Council for use
by the stormwater management utility including provisions for
enforcement;
(4) Review and approve development permits for compliance with
stormwater management system regulations;
(5) Enter private property for the purpose of inspecting private
stormwater drainage facilities and otherwise enforcing the
provisions of this chapter;
(6) Evaluate water quality concerns for discharge into the stormwater
management system; and
(7) Recommend stormwater management utility assessments and
amendments thereto to pay the costs of the stormwater management
system services provided by the Utility.
Sec. 30-6. Stormwater Management Utility Assessments.
(a) Stormwater management utility assessments are as currently
established or as hereafter adopted by resolution of the Village Council from time
to time to pay the costs of the stormwater management services provided by the
Utility including, but not limited to, administration, planning, design, permitting,
construction, maintenance, regulation, inspection, and enforcement activities.
(b) Stormwater management utility assessments shall be based on the
cost of providing stormwater management services to types of property uses within
the Village. The Village Council may revise the schedule of stormwater rates from
time to time to reflect changes in the cost of providing such services.
(c) The rates for the stormwater management utility assessments shall
be according to the following types of land uses:
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Type of Land
Monthly
Annual
Use
Rate
Rate
Single-family,
(1.00 ERU)
(1.00 ERU)
Residential
x (per ERU
x (per ERU
rate')
rate) x 12
(0.22 ERU
(0.22 ERU
per
per
residential
Condominium
residential
unit) x (per
unit) x (per
ERU rate) x
ERU rate)
12
(1.00 ERU)
(1.00 ERU)
x (parcel IA
Multifamily
x 5a 550cel IA
/
/
151550
Residential
� x (per
sq.ft.) (p
sq.ft.) x (per
ERU rate)
ERU rate) x
12
(1.00 ERU)
(1.00 ERU)
x (parcel IA
x (parcel IA
/ 5,550
Nonresidential
/ 5)550
sq.ft.) x (per
sq.ft.) x (per
ERU rate) x
ERU rate)
12
'The ERU rate shall be established by separate resolution.
(d) Stormwater management assessments shall apply to all properties
within the Village that are benefited by the stormwater utility including those
properties which are owned or occupied by a nonexempt governmental or nonprofit
entity which are otherwise tax-exempt for ad valorem tax purposes. Public right-
of-way and bodies of water are exempt from the application of stormwater
management utility assessments. Public schools are exempt from stormwater
management utility assessments pursuant to ruling of the Circuit Court for the
Fifteenth Judicial Circuit (Palm Beach County) in the case of The School Board of
Palm Beach County v. City of West Palm Beach.
Sec. 30-7. Private drainage facilities; stormwater management assessment
credits.
(a) The owner of real property is responsible for providing and
maintaining stormwater drainage facilities to collect and dispose of stormwater on
site in compliance with local law. It shall be unlawful for any person to alter
privately owned stormwater drainage facilities without the prior approval of the
Director or other agencies having jurisdiction. No changes shall be permitted by the
Director which would adversely affect the stormwater management system around
the property.
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(b) The Director may establish a stormwater utility credit program
under which a property subject to the stormwater management utility assessment
shall receive a credit for investments that reduce stormwater runoff impacts to the
Village's stormwater management system. The Director may establish credit
eligibility requirements including the stormwater management utility assessment
reduction criteria.
Sec. 30-8. Stormwater management utility assessment billings.
(a) Stormwater management utility assessments shall be levied on the
Palm Beach County tax bill as a non -ad valorem assessment.
(b) The owner of a property is ultimately responsible for all assessments
imposed under this chapter.
Sec. 30-9. Stormwater management utility fund.
A stormwater management utility fund is hereby established into which all
revenues from the stormwater management utility assessments, grants, and other
funding sources shall be deposited and from which expenditures relating to the
stormwater management system shall be paid.
Sec. 30-10. Appeals.
Any user who believes that a stormwater management utility assessment has
been computed incorrectly may appeal in writing to the Director for a correction.
The decision of the Director may be appealed to the Village Manager. The decision
of the Village Manager shall be final.
Sec. 30-11. Delinquent charge; liens.
Stormwater management utility assessments collected as non -ad valorem
assessments via the tax bill shall be subject to all collection provisions of Chapter
197, Florida Statues, including provisions relating to discount for early payment,
prepayment by installment method, deferred payment, penalty for delinquent
payment, and issuance and sale of tax certificates and tax deeds for nonpayment.
Sec. 30-12. Flooding; liability.
(a) Floods from stormwater runoff may occur which exceed the
capacity of the stormwater management system. Nothing in this chapter shall be
deemed to mean that property subject to the stormwater management utility
assessments established hereby will always be free from stormwater flooding and
flood damage.
(b) Nothing in this chapter shall be deemed to create any liability on the
part of, or create a cause of action against, the Village, or any official or employee
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thereof, for any flood damage that results from the runoff of floods or storms which
cannot be accommodated by the stormwater management system.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 24TH DAY OF JUNE, 2021.
PLACED ON SECOND, FINAL READING AND PASSED THIS 8TH DAY OF JULY, 2021.
n.
Seal
(Village)
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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