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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 Page 1 of 3 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 Page 2 of 3 '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 Page 3 of 3 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 Page 3 of 3