2022-12 Code Amendment - Three Tier Assessment Structure for Single-Family Residential PropertiesORDINANCE NO. 2012-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING CHAPTER 30, "STORMWATER
MANAGEMENT UTILITY," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 30-6, "STORMWATER MANAGEMENT UTILITY
ASSESSMENTS," TO CREATE THREE TIERS FOR ASSESSMENTS IMPOSED
AGAINST IMPROVED SINGLE-FAMILY RESIDENTIAL PROPERTIES;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2021-09 on July 8, 2021, the Village Council
established a stormwater utility and provided for the collection of utility assessments against all
developed property within the Village to fund the functions of the utility, including, but not limited to,
the maintenance, planning, design, construction, regulation and inspection of stormwater facilities; and
WHEREAS, Section 30-6 of the Village Code currently establishes the method of calculating the rate to
be assessed against individual properties based on land use type and assesses each improved single-
family residential property one equivalent residential unit (ERU) at a rate determined by resolution of
the Village Council; and
WHEREAS, due to concerns regarding the perceived inequity of a single assessment for all improved
single-family residential properties, the Village requested that its stormwater consultant investigate the
variation of impervious area within the residential single-family classification and develop scenarios to
more equitably assess such properties; and
WHEREAS, having reviewed the results of the study, the Village Council wishes to adopt a three-tier
assessment structure for single-family residential properties based on the total parcel area and determines
that the adoption of this Ordinance is in the best interests of the residents 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 Chapter 30, "Stormwater Management Utility," of
the Village Code of Ordinances to read as follows (additional language is underlined and deleted
language is strie ):
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
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limited to, administration, planning, design, permitting, construction, maintenance,
Cregulation, 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:
Type of Land
Use
Monthly Rate
Annual Rate
Single-family
Residential
(Parcel area is
(1.00 0.61
(1.00 0.61
less than or
ERU) x (per
ERU) x (per
equal to 7,079
ERU rate)
ERU rate) x 12
sq.ft.)
Single-family
Residential
(Parcel area is
greater than
(0.97 ERU) x
(0.97 ERU) x
7,079 sq.ft.
(per ERU
aper ERU rate)
but less than
rate
x 12
15,475 sq.ft.)
Single-family
Residential
(Parcel area is
(1.53 ERU) x
(1.53 ERU)
equal to or(per
ERU
(per ERU rate)
greater than
rater
x12
15,475 sq.ft)
(0.22 ERU per
(0.22 ERU per
Condominium
residential
residential
unit) x (per
unit) x (per
ERU rate)
ERU rate) x 12
(1.00 ERU) x
(1.00 ERU) x
Multifamily
(parcel IA /
(parcel IA /
Residential
5,550 sq.ft.) x
5,550 sq.ft.) x
(per ERU rate)
(per ERU rate)
x12
(1.00 ERU) x
(1.00 ERU) x
Nonresidential
(parcel IA /
(parcel IA /
5,550 sq.ft.) x
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'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.
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 30TH DAY OF JUNE, 2022.
PLACED ON SECOND, FINAL READING AND PASSED THIS 8TH DAY OF SEPTEMBER, 2022.
(OV*FLORIDA
R(Village SeATTEST.
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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5,550 sq.ft.) x
(per ERU rate)
(per ERU rate)
x 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.
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 30TH DAY OF JUNE, 2022.
PLACED ON SECOND, FINAL READING AND PASSED THIS 8TH DAY OF SEPTEMBER, 2022.
(OV*FLORIDA
R(Village SeATTEST.
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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