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O-268-C . . CITY OF CLERMONT CODE ORDINANCE 268-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CREATING CHAPTER 26 OF THE CITY OF CLERMONT CODE OF ORDINANCES, STORMWATER MANAGEMENT UTILITY SYSTEM, PROVIDING FOR THE ESTABLISHMENT OF A STORMWATER MANAGEMENT UTILITY SYSTEM, ESTABLISHING A METHOD FOR COLLECTION OF STORMWATER MANAGEMENT UTILITY FEES, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 26, Stormwater Management Utility System is hereby established as follows: SECTION 1. ARTICLE 1. GENERAL PROVISION Section 26-1. Creation of Stormwater Management Utility. Pursuant to the Home Rule Power of Article VIII, 2(b), Florida Constitution and Chapter 166, Florida Statutes and the powers granted in the Charter of the City of Clermont, the City does hereby establish a Stormwater Management Utility and declare its intention to acquire, own, construct, equip, operate and maintain open drainageways, underground storm drains, equipment and appurtenances necessary, useful, or convenient for a complete stormwater control system; and also including maintenance, extension and reconstruction of the present stormwater control system of said City; to minimize by suitable means said system's contribution to flooding; to minimize by suitable means said system's adverse effect on the water quality of adjacent lakes; and to seek the cooperation of Lake County, other municipalities and agencies in minimizing the effects of all such systems and other sources of accelerated runoff to said flooding and water quality. Section 26-2. Definitions. The following words when used herein shall have the meanings indicated, unless the context clearly indicates otherwise: (a) Beneficiaries of drainage service. Shall include all developed real properties within the City of Clermont which benefit by the prOV1Slon of maintenance, operation and improvement of the stormwater control system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazard to property and life resul ting from stormwater runoff, improvement in the general health and welfare through reduction of undesirable stormwater conditions and improvements to the water quality in the storm and surface water system and its receiving waters. (b) Contributors of drainage waters. Shall include all developed real properties within the City. . . CITY OF CLERMONT CODE ORDINANCE 268-C Page -2- (c) Developed. Shall mean any property altered in appearance by removal of vegetation, grading of the ground surface and construction of a structure or impervious surface. (d) Director. Shall mean the Director of Public Services or other designee appointed by the City Manager. (e) Equivalent residential unit (ERU). impervious area for single family dwellings in established by Resolution of the City Council. The average the City, as (f) Fee. Stormwater Management Utility Fee enacted herein and set forth by Resolution. (g) 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 or statistical interval of return (frequency) . (h) Impervious areas. Those areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions prior 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 prior to development, including normal water in ponds and lakes. (i) MUltiple dwelling unit. Means a building or facility consisting of more than one dwelling unit, each such unit consisting of one or more rooms with bathroom and kitchen facilities designed for occupancy by one family, (j) Non-residential unit. Any building, structure or facility used other than as a dwelling unit or single-family unit. (k) Open drainageway. Means a natural or manmade 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. . . , , CITY OF CLERMONT CODE ORDINANCE 268-C Page -3- (I) Peak flow. The highest instantaneous rate of stormwater runoff, measured or estimated in cubic feet of water per second. It is differentiated from total flow volume by the introduction of a unit of time measure during which the maximum rate of flow is measured, calculated or estimated. (m) Stormwater control system. Is any means by 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. (n) Single-family unit (SFU). Means one or more rooms with bathroom and kitchen facilities designed for occupancy by one family such as houses, townhouses, apartment units, duplex units, condominiums, zero lot line, etc; where the units are sold, deeded or leased as single-family units and/or have individual water meters. Co} Total flow. discharged from a flow is quantified of water. The accumula ti ve vol ume of property, basin or watershed. in measures such as acre feet or stormwater The total cubic feet (p) Utility. The Stormwater Management Utility created by this ordinance. Section 26.3. Findings and determination. It is hereby found, determined and declared as follows: {a} Those elements of the system for the collection, treatment and disposal of storm and surface water are of benefit and provide services to all property within the City, including property not presently served by the storm elements of the system, (b) The cost of operating and maintaining the City 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. (c) All property within the City demonstrates a hydrologic response to rainfall events which generate stormwater runoff. The volume, rate and quality of runoff will vary with the soil type, land use conditions, topographic conditions and other variables. In particular, the construction of commercial units on previously undeveloped property will generally increase the volume and rate of stormwater runoff and adversely affect its water quality. . . CITY OF CLERMONT CODE ORDINANCE 268-C Page -4- ARTXCLE XX. STORMWATER MANAGEMENT UTXLXTY FEES section 26.4. Stormwater management utility fee. A stormwater fee is hereby imposed upon each developed 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 non-residential. 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 26.4. Schedule of stormwater management utility fees. (a) The city Council shall by Resolution establish reasonable rates for the stormwater management utility system. For each single-family dwelling unit (SFU) a flat fee shall be established, For residential accounts not individually metered, the account holder of the master meter shall be billed the fee established for a SFU multiplied by the number of residential units, (b) For non-residential properties, the number of equivalent residential units (ERU) shall be determined periodically and shall be included in the rate resolution, All non-residential properties not covered by subsection (a) of this section shall be billed based on the total impervious area of the property divided by the ERU and then multiplied by the rate established for a residential unit. The total impervious area of the property and the number of ERU's shall be updated by the Director based upon any additions to the impervious area as approved through the permitting process, For non-residential properties that are not separately metered, the total bill will be sent to the account holder of the master meter, section 26.5. Appeal of impervious surface calculation. Any person disagreeing with the calculation of impervious surface as determined by the utility may appeal such determination to the Director, Any appeal must be filed in writing and shall include a survey prepared by a registered surveyor showing total property area and impervious surface area, Based upon the information provided by the utility and the appealing party, the Director shall make a final calculation of impervious surface. The Director shall notify the parties, in writing of his decision. If still dissatisfied, a party may appeal the Director's decision to the city Council in the same manner as set forth above. The decision of the city council shall be final. ARTXCLE XXX. STORMWATER MANAGEMENT UTXLXTY FUND AND STORMWATER UTXLXTY FEE COLLECTXON section 26.6. Stormwater Management utility Fund. All stormwater drainage utility fees collected by the city . . CITY OF CLERMONT CODE ORDINANCE 268-C Page -5- shall be paid into a fund which is hereby created to be known as the 'Stormwater Management utility Fund". Such fund shall be used for the purpose of paying the cost of stormwater management facilities to be constructed in the various storm drainage basins and paying the cost of operation, administration and maintenance of the stormwater management facilities now existing and to be constructed in the City of Clermont. To the extent that the stormwater management fees collected are insufficient to construct the needed stormwater management facilities, 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. The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the City, except for administrative assessments to cover an 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 now existing and future and the costs incidental thereto. Section 26.7. Stormwater management utility fee collection. The stormwater drainage utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities and billed and collected separately as stormwater management utility fees for those lots or parcels of land and owners thereof not utilizing other city utilities. All such bills for stormwater 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 consolidated statement for utility customers which is generally paid by a single payment. In the event that a partial payment is received, the payment shall first be applied to garbage and trash, next applied to stormwater drainage, next applied to sewer, and finally applied to the water account. Any charge due hereunder which shall not be paid when due may be recovered in an action at law by the City of Clermont. In addition to any other remedies or penalties provided by this or any other ordinance of the City of Clermont, failure of any user of city utilities within the City of Clermont to pay said charges promptly when due shall subject such user to discontinuance of util i ty services and the City Manager is hereby empowered and directed to enforce this provision as to any and all delinquent users. The employees of the City shall, at all reasonable times, have access to any premises served by the City for inspection, repair or the enforcement of the provisions of this chapter. .. e· CITY OF CLERMONT CODE ORDINANCE 268-C Page -6- All storffiWater management utility fees assessed pursuant to this chapter shall be a lien upon the property to which such fee is associated from the date said fee becomes due until such fee is paid. The owner of every building, premise, lot or house shall be obligated to pay the fee for all service provided for his premises, which obligation may be enforced by the City by action or law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action the City shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or buildings shall pay said charges, it shall relieve the land owner from such obligation and lien; but the City shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this chapter, and the failure of any owner to learn that he purchased property against which a lien for stormwater management utility fees exists shall in no way affect his responsibility for such payment. SECTION 2. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 3. This ordinance shall be published as provided by law and it shall become law and take effect immediately upon its second reading and final passage. The storrnwater utility fees shall become payable commencing with utility billings rendered on and after October I , 1990. First Reading this 2. S'ffra.ay of ~ ' 1990. Second Reading this .Li!!-day of ~~1990. PASSED AND ORDAINED BY THE CITY COUNCIL O~ THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS I/W<. DAY OF /1.I.p~, 1990. CITY OF CLERMONT ~ ATTEST: ? &'22. CÜy Clerk