89-O-27ORDINANCE NO. 89-0-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE -
WATER, FLORIDA, AMENDING CHAPTER 9.5, "FLOOD CONTROL
AND DRAINAGE" BY CREATING A NEW ARTICLE "IV",
"STORMWATER MANAGEMENT UTILITY", ESTABLISHING A
STORMWATER MANAGEMENT UTILITY: PROVIDING DEFINITIONS;
PROVIDING FINDINGS, DETERMINATION AND INTENT; PROVIDING
A SCHEDULE OF STORMWATER MANAGEMENT UTILITY FEES;
PROVIDING FOR AN APPEAL OF SURFACE CALCULATION;
ESTABLISHING A STORMWATER MANAGEMENT FUND; PROVIDING
FOR STORMWATER DRAINAGE UTILITY FEE COLLECTION;
PROVIDING PENALTIES; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater has
been and continues to be concerned with stormwater runoff in
terms of public safety, flooding, property damage, erosion and
water quality; and
WHEREAS, real property within the City contributes
stormwater runoff to the storm drainage system; and
WHEREAS, real property in the City directly benefits from
an adequate, functioning, storm drainage system; and
WHEREAS, the City is responsible for the ownership,
maintenance, improvement, and expansion of an existing stormwater
drainage system which has developed over a number of years for
the purpose of collecting and disposing of storm and other
surface water; and
WHEREAS, the point of discharge for numerous drainage
systems serving the City is the Indian River Lagoon which is
considered a sensitive water body; and
WHEREAS, uncontrolled drainage and development of land has
a significant adverse impact upon the quantity and quality of the
waters of the community and it is necessary and essential that
City address the various environmental issues that will further
burden its infrastructure requirements; and
WHEREAS, the City Council has concluded that it is
necessary and essential to construct improvements, and extensions
and to establish procedures and services to the existing system
to ensure that the collection and disposal of stormwater within
the City adequatelyprotects the health, safety and welfare of
the citizens and property owners within the City; and
WHEREAS, the City has previously adopted regulations and
ordinances relative to the protection of drainage ways, wetlands
and associated stormwater management facilities which must be
enforced; and
WHEREAS, the City Council has commissioned a study to
assist in the establishment of a stormwater drainage utility and
to aid in establishing the level of funding required to begin an
improved stormwater management program and the method of fee
computation and billing suitable for raising the needed funds;
WHEREAS, the City's consultants have recommended the use
of stormwater management service charges, based upon the amount
of impervious area on developed properties withhin the City, and
mitigation factors relating thereto, which charges will
he bill.�d as part of water, sewer, solid waste, and/or drawn c, ntilitry
bI iIIP,`, e-ocess; and
.FREAS, t-tonda S-ate !7n:JE,: sn,>ci6cally authorizes cities consider
stormwater as a city utility f.,c.-tion for which service charges may be
levleu; and
`E'HERE.AS, the City Council of the City of Edgewater, by these presents finds
and determines that a need ex.sis fcr additional funding for the smrmwater
management program of the City and that the use of utility service charges is the
mcst equitable method of providing this funding.
NOW, THEREFORE, BE Ff ENACTED 13Y THE PEOPLE OF THE. CITY
OF EDGEWATER., FLORIDA: '
SECTION ONE: Chapter 9.5, "FLOOD CONTROL AND DRAINAGE", OF THE
CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, be and the same
is hereby amended to add Arti elc IV, "STORMR'ATER MANAGEkIENT 01;LITY", to
read as follows:
ARTICLE :v. STPRMtt4ATF.R MAF'.ACE\BENT UTILITY
Section 9.5-68. Crzatlon of Stormwater'd_anagenien: Utility.
Pursuant to tie hom, rule paver of Article Vlli, t(b), Florida Constitution,
I_hapter 166, Florida Statues and Section 403.093, Florida Statutes, the City of
Edgewater does hceby establish a stormwater management utility and cleclare
...s intention to acquire, own, constroct, Pquio, operate and ma:ntarn open
.'r =.inage ways, undergro,.md storm drains, rr,,u Trnent facilities, equipment and
z:ppurtenances necessary, useful or convenient for a (-omplete stormwater
management system, and also including maintenance, extension and construction
of the present stormwater management system of said City; to minimize by
suitable means said system's contribution to flooding; to minimize by suitable
means said systems adverse effect an the water quality of lakes, ponds, rivers
and ha,ins sithin the Ciryi and to seek the cooperation of Volusia County and
other municipalities in minimizing the effects of all su;:h systems and other
=aarces of accelerated runoff to said floodine and water qua;it>.
Section 9.5-69. 1),Tmitions.
For toe pdrposes of this article the following words when used horein .pall
have the meanings indicated, unless the context clearly indicates other:cise:
(a) ABATEMENT. Any action taken to remedy, correct, or cli wmale a
r"ondliion within, also^fated with, or i"npacting a rhai-cage system.
(b) BASE RATE. That portion of the Stormwater Management Fee which
comprises stormwater services relative to publicly common impervious
surfaces including roads, streets, and bridges.
(r) BENEFICIARIES OF DRAINAGE SFRVICF. Shall include all developed real
prooerties within the City of Edgewater w`,;.Ch hemePt Sv the prod:sicn of
maintenance operation and irnprcvemcnt of the stormwater control
System . Such benefits may include, but are not limited to, the pro=,ision of
adequate system; of coll=ction, cgnveyn ace, detention, trcatmeut and
release of stormwater, the reduction of hazard to property life
resulting from stormwater runoff, improvement in the genera: 1-ealth and
welfare through reduction of undesirable srerm—ater cond!r ns aid
improvement to the :eater quality i❑ the storm and surface waor system
and its receiving waters.
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(d) CITY. Means the City of Edgewater, Florida.
(e) CONTRIBUTING RUNOFF. The area of a parcel from which stormwater
will result in runoff. For the City of Edgewater, the contributing runoff of
each parcel is estimated as 100s6 of the square feet of imperil ,is surface
located on the parcel.
(f) CONTRIBUTION RATE. That portion of the Stormwater Management Fee
reflective of a particular parcel's individual contribution to runoff.
(g) CONTRIBUTORS OF STOR\1WA.TER. Shall include all developed real
properties within the City. e
'h) COUNCIL. The City Council of the City of Edgewater.
;D COl1NTY. deans the County of Volusie, Florida.
O DEVELOPED PROPERTY. Shall mean any property altered in appearance
by removal of vegetation, grading of the ground surface and construction
of a structure or impervious surface.
(k) DIRECTOR. 1!eans the Public Works Superintendent or his designee.
(1) EQUIVALENT DRAICAGE UNIT (ERU). A standard unit of measure
determined to represent the stormwater runoff generated by a typical
residential unit (consisting of a weighted average of a single family and
multi -family units) in the City of Edgewater. Such measure provides a
basis for comparing the runoff generated by one parcel with that generated
by another. The weighted average impervious area is determined to be
2,027 square feet, and the weighted average shall be used for the purpose
of all such computations. The EDU shall be used as the basis for computing
monthly charges on residential and non-residential properties.
(rn) HYDROLOGIC RESPONSE. The manner and means by which stormwater
collects upon real property and is conveyed from real property, and which
is a function dependent upon a number of interacting factors, including, but
not limited to, topography, vegetation, surficial geologic conditions,
antecedent soil moisture conditions and ground water conditions. The
principal measures of the hydrologic system may be stated in terms of
total runoff volume, as a percentage of total precipitation which runs off,
or in terms of the peak rate of flow generated in the event of a storm of
given duration and intensity, cr statistical interval.of return (frequency).
(r.) IMPERVIOUS AREAS. Those hard surfaced areas which either prevent or
severely restricts the entry of water into the soil mantle, as it entered
under natural conditions prier to development, and/or cause water to run
off the surface in greater quantities or at an increased rate of flow from
that present under natural conditions prior to development. Common
impervious surfaces include, but are not limited to, rooftops, sidewalks,
walkways, patio areas, driveways, parking lots, storage areas and other
surfaces which similarly impact the natural infiltration or runoff patterns
which existed to development, including normal water in ponds and lakes.
io) MULTIPLE DWELLING UNIT. Means a. "ilding or facility consisting of
more than one dwelUng ,nit, each such an!t consisting of one or more
rooms with hathroern and kitchen facilities designed for occupancv by one
family.
(p) NON-RESIDENTIAL ONIT. :Any building, structure or facility used other
than as a dwelling unit or single-family unit.
(q) OPEN DRAIN.AGEW'AY. Means a natural or man-made open -cut which has
the specific function of transmitting natural stream water or storm runoff
water from a point of higher elevation to a point of lower elevation, such
as swales, ditches, canals, streams and creeks.
(r) OWNER, TENANT, OCCUPANT. .Shall include the executors,
administrator, successors, and assigns of the person referred m; and the
covenants and agreements contained in any contract between the
department and its consumers should be binding upon an inure to the
benefit of the successors, heirs, executors, administrators or assigns of the
respective persons thereto.
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(s) PARCEL. The area of land for which the EDu calculation is determined
for, including all buildings and appurtenances situated thereon the
premises.
it) PEAK FLOW. The highest instantaneous rate of stormwater runoff,
measured or estimated in cubic feet of water per secoad. It is
differentiated from total flew volume by the introduction of a :--it of time
measure during whi,:h the roasLnurn rate of flow is measured, calculated,
or estimated.
PERVIOUS AREAS. That a._a within the City of Edgewatec which is,
under standard conditions, permeable to stormwa4pr runoff and surface
water.
(v) PRIVATE. That property or facilities owned by individuals, corporations,
and other organizations and not by a city, county, state, or federal
government agency.
(w) SERVICE AREA. The corporate limits of the City of Edgewater.
(x) SITE MITIGATION. ,All private facilities constructed on a parcel of land
which provide for the abatement of stormwater to amounts eqd Talent to
vacant property or standards prescribed by the City.
1y) STORMWATER. Means the flow of water which results from and occurs
immediately following a rainfall event.
(z) STORM\PATER MANAGEMENT FEE. Stormwater Management Utility Fee
enacted herein which is billed on the basis of equivalent drainage units.
The fee shall include the Rase Rate and Contribution Rate.
1,7) STORMWATER SYSTEM. The appurtenances, facilities, equipment and
services necessary for which the stormwater runoff is conveyed; the peak
flow from developed land surfaces is reduced; the erosion created by
stormwater is reduced; and/or the water quality of the stormwater runoff
is improved within the corporate limits of the City of Edgewater.
(aa) TOTAL FLOW. The accumulative volume of stormwater discharged from a
property, basin, or watershed. The total flow is quantified ie ?r;easures
such as acre feet or cubic feet of eater.
:;b) UTILITY. The Stormwater %Ianagemen; Utility created
'cc) VACANT. ,Any piece or parcel of land that is without any building,
structure, appurtenance, or improvements.
(dd) VEGF_TATION. Means all plant growth, especially trees, shrubs, vines,
ferns, mosses and grasses.
Section 9.5-70. Findings, Determination and Intent.
It is hereby found, determined and declared as follows:
(a) Those elements of the stormwater system for the collection of and disposal
of storm and surface water are of benefit and provide services to all
property within the City including property not presently s,x,ved by the
storm elements of the system.
fb) The cost of operating and maintaining the City's stormwater management
utility system and financing necessary repairs, replacements,
improvements and extension thereof should, to the extent practicable, be
allocated in relationship to the user impacts, benefits enjoyed and services
received therefrom.
to) All property within the City demonstrates a hydrologic response to rainfall
events which generates stormwater runoff. The volume, rate, land quality
of this runoff will vary with the soil type, land use conditions, ic:,ographic
conditions, and other variables. In particular, the construe''. o, of non-
residential units or, previously undPieioped property will gene r.iip increase
-4- Ord. No. 89-0-27
Q
the volume and rate of stormwater runoff, and adversely affect its water
quality.
(d) It is the intent of this ordinance to establish stormwater management as a
City utility and to establish a program. of service charges and fees for
stormwater management services, which charges and fees are to be levied
against all developed property within the City to accomplish the Purposes
of said utility.
Section 9.5-71. Stormwater Management Utility Fee.
.A stormwater fee is hereby imposed upon each deaeloped lot and parcel
within the City for services and facilities provided by the stormwater
management utility system. For purposes of imposing the stormwater fee, all
lots and parcels within the City are classified as residential or nonresidential.
The City Manager or his designee is directed to prepare a list of lots and
parcels within the City and assign a classification of residential or non-
residential to each lot or parcel.
Section 9.5-72. Schedule of Stormwater Management Utility Fees.
There is hereby established a uniform schedule of charges and fees for the
services and uses of the facilities of the stormwater management system by the
owner of property (to include the tenant(s)) or occupant(s), using the services and
facilities of said system:
(a) Residential, Each single family residential unit shall be billed a flat fee
based upon one equivalent drainage unit (EDU) per dwelling unit. For
multi -family residential developments, the account holder of the master
meter shall be billed the fee established by the City Council for an EDU
multiplied by the number of residential units.
(b) Non -Residential. For nonresidential properties, the number of equivalent
drainage units (EDU) shall be determined. All nonresidential properties,
not covered by subsection (a) of this section, shall be billed based on the
total impervious area of the property divided by the Fquivalent Drainage
Unit factor and then multiplied by the rate established for an EDU. The
calculation of the EDU amount shall be done to the nearest tenth (0.1) of
an equivalent drainage unit. Gross parcel area and impervious area shall be
determined for each parcel using site plans, tax maps, REDI maps, aerial
photos, and any other appropriate information. For non-residential
properties, the total bill will be sent to the account holder of the master
meter or to the property owner as determined by the City.
(c) Charge per EDU. The charge per EDU will be $3.00 per month and will
consist of a base fee of $1.46 per EDU applicable to all developed property,
plus a contribution fee of $1.54 per EDU, applicable to all developed
property. P,11 non-residential property withaq* site mitigation facilities
will not pay the contribution fee. W(\ •Pa. vf✓
(d) The minimum bill for developed property shall be for one (1) EDU.
Section 9.5-73. Equivalent Drainage Unit Calculation.
The equation for calculating the number of EDU's applicable, to any
property is as follows:
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IP/(-A _- EnU
`d'he re_:
IP = Impervious .Area in Square Feet of Utility Account
CA = Contriduting area of a residential unit equal to 2,027 square
feet.
EDU = Equivalent Drainaor Unit.
Section 9.5-74. A2peal of Surface Calculation.
Any person disagreeing with the calculation of EDU's as determined by the
City, may appeal such determination to the City Manager or his designee. Any
appeal must be filed in writing and, as determined by the City Manager, shall
include a survey prepared by a registered surveyor showing total property area
and impervious surface area. Rased upon the information provided by the City
and the appealing party, the City Manager shall make a final calculation of
previous and impervious surfaces. The City Manager shall notify the parties, in
writing, of his decision. If still dissatisfied, a party may appeal the City
Manager's decision to the City Council in the same manner as preceding. The
decision of the City Council shall be final. Any adjustment to the originally
determined area shall be retroactive to commencement of the charges and fees
provided said adjustment was requested within one year from the corcmencement
of the charges ano fees; thereafter any adjustment to the impervious area shall
apply only from the date of the request for the adjustment.
Section 9.5-75. Stormwater Management Fund.
.All stormwater management utility fees collected by the City shall be paid
into a separate fund which is hereby created, to be known as the "Stormwater
Management Fund". Such fund shall be used for the purpose of paying the cost of
stormwater drainage facilities to be constructed in the various storm drainage
oasins and paying the cost of operation, administration and maintrnannce of the
stormwater system of the City of Edgewater. To the extent that the Stormwater
management fees collected are insufficient to construct the needed Stormwater
system, the cost of the same may be paid from such City fund as may be
determined by the City Council, but the City Council may order the
reimbursement of such fund if additional fees are thereafter collected. When
the fund has surplus dollars on hand in excess of current needs, the surplus
dollars will be invested to return the highest yield consistent with proper
safeguards.
The fees and charges paid shall not be used for general or other
governmental or proprietary purposes of the City, except to pay for the
equitable share of the cost of accounting, management and government thereof.
Other than as described above, the fees and charges shall be used solely to pay
for the cost of operation, repair, maintenance, improvements, renewal,
replacement, design, right-of-way acquisition, and construction of public
Stormwater drainage facilities and costs incidental thereto.
Section 9.5-7E. Stormwater Management lJtility Fee Collection.
(a) The stormwater management utility fee shall be billed and collected with
the monthly utility bill for those lots or parcels of developed property
-6- Ord. No. 89-0-27
utilizing City utilities and billed and collected separately
as stormwater management utility fees for those lots or
parcels of developed property and owners thereof not
utilizing other City utilities. All such bills for Storm -
water Management Utility fees shall be rendered monthly by
the Finance Department and shall become due and payable in
accordance with the rules and regulations of the Finance
Department pertaining to the collection of utility fees.
The stormwater management utility fee is part of a con-
solidated statement for utility customers which is generally
paid by a single payment. In the event that a partial pay-
ment is received, the payment shall first be applied to gar-
bage and trash, next applied to stormwater management, next
applied to sewer, and finaly applied to the water account.
(b) Any charge due hereunder which shall not be paid when due
shall bear all approved monthly service charges as defined
in Chapter 19 and may be recovered in an action at law by
the City. The delinquent account shall be responsible for
all costs of collection to include reasonable attorney's
fees whether or not suit is necessary. In addition to any
other remedies or penalties provided by this or any other
ordinance of the City, failure of any user of City utilties
within the City of Edgewater to pay said charges promptly
when due shall subject such user to discontinuance of
utility services and the City Manager of the City is hereby
empowered and directed to enforce this provision as to any
and all delinquent users.
(c) In the case that a tenant in possession of any premises or
buildings shall pay said stormwater management utility fees,
it shall relieve the land owner from such obligation; but
the City shall not be required to look to any person whatso-
ever other than the owner for the payment of such charges.
(d) The utility fee hereinabove prescribed shall constitute a
debt to the City for which the owner, tenant and/or occu-
pant shall be jointly and severally liable. The records of
the City shall be kept open for the inspection by the owner,
tenant, or occupant and it shall be the responsibility of an
owner, tenant or occupant to ascertain that the prescribed
fee or fees are being paid.
Section 9.5-77. Enforcement.
(a) The Director and other duly authorized employees of the City
bearing proper credentials and identification shall be per-
mitted to enter all properties tributary to the City's
stormwater management system for the purposes of inspec-
tions, observations, measurement and testing in accordance
with the provisions of this chapter and any rules or regu-
lations adopted pursuant hereto.
(b) Any person violating any of the provisions of this article
shall be punished as provided in Section 19-87, Edgewater
City Code and shall become liable to the City for any ex-
pense, loss or damage occasioned by the City by reason of
such violation to include reasonable attorney's fees
whether or not litigation is necessary.
SECTION 2. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 3. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Ord. No. 89-0-27
SECTION 4. This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Hatfield
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a reeular meeting of
said Council held on the 18th day of September , 1989.
The second reading of this Ordinance to be at a regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the end day of October , 1989.
ROLL CALL VOTE ON ORDINANCE NO. 89-0-27
'Mayor I
6 7 7/
Council n- o e On`—ej$
Excused
C ci _ man -Zone 7)xro/
cilman-
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unncilman-Zone Three
-2'*4 - A
Councilman -Zone Four
This Ordinance read and adopted on second reading at a
Qe.r./. meeting of the City Council of the City p£ Edge-
water� Florida, and authent' a�his 2 a of OJIV
1989.
Mayor
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:
8 Ord. No. 89-0-27