3065?-L~R~ OF CI&CU~T CO, ~ RECO~OED & VERIFIED
ORDINANCE NO. 3065
~,.,~
ORDINt~'CE OF THE CIT~ OF S2LNFORD, FLORIDA,
2~'~NDING CttAPT~.R 28 OF THE CODE OF ORDINJL-'~CES OF THE .'
CITY OF S..zLNFORD ENTI~LED~ "WATER, SEtteRS AND SEWAGE '
DISPOSAL AND RECLAIMED WATER PAUSE"; ESTABLISHING
ARTICLE IX OF CHAPTER 28 TO BE ENTITLED, "STORMWATER
MANAGEMENT UTILITY PROGRAM", CONSISTING OF SECTIONS
28-170 THROUGH SECTION 28-177; CREATING A STORMWATER
MANAGEMENT UTILITY; PROVIDING FOR DEFINITIONS; PROVIDING
DUTIES AND POWERS OF STORMWATER MANAGEMENT UTILITY;
ESTABLISHING A STORMWATER MANAGEMENT UTILITY FEE;
PROVIDING FOR SETTING HATES BY RESOLUTION; PROVIDING FOR
BILLING AND COLLECTION OF STORMWATER MANAGEMENT UTILITY
FEE; PROVIDING FOR CREDITS TO THE STORMWATER MANAGEMENT
UTILITY FEE; PROVIDING FOR APPEAL OF STORMWATER
MANAGEMENT UTILITY FEE OR CREDIT; PROVIDING FOR
STORMWATER MANAGEMENT UTILITY FUND; PROVIDING CITY NOT
LIABLE FOR FLOODING; SEVERABILITY CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford desires to
improve the public health, safety and welfare of the citizens of Sanford by
establishing a stormwater management utility program; and,
WHEREAS, the City Commission of the City of Sanford finds,
therefore, that a need exists for funding for the stormwater management
utility program of the City and that the use of utility service charges is
the most equitable method of providing this funding; and
WHEREAS, Section 403.0893, Florida Statutes, specifically
authorizes the City to consider stormwater management as a city utility
function for which service fees may be charged; and
WHEREAS, those elements of the 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 served by the
stormwater elements of the system; and
WHEREAS, the cost of operating and maintaining the City stormwater
management. utility program and financing necessary repair, replacements,
improvements, and extension thereof should, to the extent practicable, be
allocated in relationship to the use, benefits enjoyed and services received
therefrom; and
WHEREAS, it is necessary and desirable and in the best interest of
the City of Sanford to establish a stormwater management utility fee to fund
the construction, operation, maintenance and administration of a~ublic
stormwater management program.
NOW T~MFOR, BE IT ENACTED BY THE PEOPLE OF THE CITY OF S~F~,
FLORIDA:
SE~ION 1: A new Article IX entitled "stormwater Manag~ent
Utility Program", of Chapter 28 of the Code of Ordinances of the City of
Sanford, Florida, is hereby created and shall read as follows:
~TI~ IX. Stor~ater Management Utility Progr~.
S~tion 28-170. Creation of Sto~at~ ~ag~nt Utility.
Inter. There is hereby created and established in the City a sto~water
management utility in accordance with Section 403.0893 and Chapter 166 of
the Florida Statutes. This utility shall be responsible for the city's
stormwater manageent progr~ and shall have e~al status with the other
utility services provided by the city of Sanford. This utility is intended
to acquire, own, construct, e~ip, operate and maintain open drainageways,
underground sto~ drains, e~ipment 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 the City; to minimize by suitable means said system's contribution
to flooding; to minimize by suitable means said syst~s adverse effect on
the water ~ality of stre~s and lakes; and to seek the cooperation of the
State of Florida, Seminole County, municipalities and other gover~ental
entities, in minimizing the effects of all such systems and other sources of
accelerated runoff to said flooding and water ~ality, water conservation,
replenis~ent and enhancement of groundwater.
S~tion 28-171. 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 and undeveloped real properties platted or zoned
for development as a residential, comercial, industrial, or higher use
within the City of Sanford which benefit by the provision of maintenance,
operation and improvement of the sto~water control system and all newly
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developed real properties which will ultimately benefit from the ~r 1
city drainage systems in both tangible and intangible benefits ~
benefits may include, but are not limited to, the provision of adequ~C~
release of stormwater, the reduction of hazard to property and life
resulting 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 real
properties within the city.
C. Detention - The collection and temporary storage of stormwater
rate.
D. Developed - shall mean any property altered in appearance by
removal of 40% or more of its vegetation, grading of the ground surface or
construction of a structure or impervious surface, except agricultural
property in an Agricultural Zoning District.
E. Director - means the Director of Public Works.
F. Equivalent Residential Unit (E.R.U.) - The average impervious
area in square feet for all residential dwelling units in the city and the
basic unit for the computation of stormwater management utility fees, as
established by Resolution of the City Commission.
G. Fee - stormwater management utility fee enacted herein and set
by separate Resolution of the City commission.
H. 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
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duration and intensity, or statistical interval of return (frequency).
I. Impervious Areas - those hard surfaced 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.
J. 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, regardless of whether more than one unit in such building or
facility is served by a single water meter.
K. Nonresidential Unit - any building, structure or facility used
other than as a residential dwelling unit.
L. Open Drainageway - 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.
M. 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.
N. Residential Dwelling Unit - 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 units mobile homes, etc., where the units are sold, deeded or
leased as single-family units whether or not they have individual water
meters.
O. Retention - The prevention of discharge of a given volume of
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stormwater runoff by complete On-site storage. Removal Of the wMer is
caused only by percolation with or without underdrains, eva oratl
p on~ r
evapotranspiration. ' __
P. Stormwater Control System any and all structures or
appurtenances used in the control, treatment or conveyance of stomwater.
Comon systems include, but are not limited to, retention and/or detention
ponds, swales, inlets, pipes, gutters, filters, weirs and other control
structures.
Q. Total Plow - the accumulative volume of stor~ater discharged
from a property, basin, or watershed. The total flow is ~antified in
measures such as acre feet or cubic feet of water, over a stated period of
time.
R. Undeveloped - a piece or parcel of land that is not developed
as defined herein, and is without any building, structure, appurtenance,
impervious area, or improvement. It does not mean recreation, green, or
open space created around private or public facilities, and parcels
connected thereto or contiguous with such facilities for such reason.
S. Undeveloped, Platted or Zoned for Develo~ent - shall mean
those parcels of real property which have been platted or zoned for
development as a residential, co~ercial, industrial or higher use, but have
not been "developed" as that term is defined herein.
T. Utilit~ - the Stormwater Management Utility.
Section 28-172. Duties ~d PMrs.
The stormwater management utility shall have all powers necessary
for the exercise of its responsibility for the drainage from all properties
within the City including, but not limited to, the following:
(1) Preparation of plans for improvements, including treatment,
to the stormwater control system.
(2) Construction of improvements to the sto~water control
system.
(3) The promulgation of regulations for the use of the stor~ater
control system, including provisions for enforc~ent of said
regulations.
(4) Review and approval of all new development permits within the
City for compliance with stormwater management regulations
included in present City ordinances or ordinances later adopted.
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(5) Performance of routine maintenance to the stormwater c6~ntrol
system. C~ --
(6) Evaluate water ~ality concerns for discharges ~ ~
stormwater control system. ~
(7) Access to premises served by the city, at reasonable times,
for inspection, repair or the enforcement of the provisions of
this chapter.
(8) Issue bonds and incur other debts if needed to finance, in
whole or in part, the cost of the stor~ater control syst~.
(9) Performance of all normal utility functions to include
construction, operation, a~inistration, and maintenance of the
City's stormwater control syst~ including, but not l~ited to,
the hiring of staff, the selection of special consultants, the
entering into contracts for services and construction of
facilities, and the handling of purchase, lease, sale or other
rights to property for the stormwater control system.
section 28-173. Sto~ater ~ag~ent Utility F~. A stormwater
management utility fee may be imposed by separate Resolution of the city
Coeission upon all owners or occupants of each lot and parcel located
within the City for services and facilities provided by the sto~water
management utility progr~. For purposes of ~posing the sto~water fee,
all lots and parcels within the City shall be classified as residential;
nonresidential; undeveloped platted or zoned for develo~ent; or undeveloped
property.
The City Manager or his designee is directed to prepare a list of
all lots and parcels within the City and assign a classification of
residential, nonresidential, undeveloped platted or zoned for development,
or undeveloped to each lot or parcel. Stormwater fees set by separate
Resolution of the City comission shall apply to all properties within the
classification, including those properties designated as non-profit,
tax-exempt for ad valorem tax purposes, or owned or occupied by a
gover~ental entity, including the City of Sanford.
S~tion 28-174. Sto~ater ~g~t Utility F~s set ~
Resolution. Stormwater management utility fees shall be est~lished by
separate Resolution of the City Comission in accordance with the following
classifications:
(A) Residential: Each residential dwelling unit, regardless of
residential class, shall be considered one (1) E~ivalent
Residential unit (ERU) for billing purposes. The charge for one
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(1) ERU shall be set at a flat rate by separate Resolutioncef the
City Commission. For residential accounts not indivMua_~_y
metered for water, the account holder of the master water me~r
shall be billed the fee established for one (1) ERU multiplied by
the nu~er of residential units.
(B) Nonresidential: Each nonresidential customer shall be charged a
stormwater fee based on the nu~er of ERUS computed by using the
following formula:
No. of ERU = Total impervious area of each parcel
Average ~pervious area of one (1.0) ERU
A minimum value of one (1.0) ERU shall be assigned to each
nonresidential property. The charge for one (1) ERU shall be set
at a flat rate by separate Resolution of the City Co~ission. The
total impervious area of each parcel of property shall be
determined by the City Manager or his designee. The average
impervious area of one (1) ERU shall be established by separate
Resolution of the City Comission.
(c) Undeveloped, platted or zoned for development. The City
Comission may by separate Resolution establish reasonable
stormwater fees based on the nu~er of E~ivalent Residential
units (ERU) that each parcel of property represents.
(D) Undeveloped: Stormwater fees shall not be charged for undeveloped
property as defined in Section 28-171 (R), herein.
Section 28-175. Credits for on-site sto~ater m~nag~t
facilities. Credits for on-site stormwater management facilities shall be
allowed and calculated as follows:
(1) In order to encourage a reduction in stormwater runoff and
improvement of the ~ality of stor~ater runoff, a credit against the
stormwater management utility fee is authorized for those develo~d
properties which are served by a stormwater retention facility designed and
constructed for the purpose of stormwater flow mitigation and pollution
reduction, if it meets designated standards. Detention facilities are not
eligible for the credit.
(2) A reduction in a stormwater fee may be allowed for a
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particular property only if the stormwater runoff from the prop tYC~s FrO
served by a stormwater management facility that has been deign ~o
constructed and is maintained properly for the purpose of stor~ater flow
mitigation and pollution reduction as measured against a defined standard
established by the city. To be eligible for the sto~water retention
credit, the facility must be constructed, o~ed, operated and maintained by
other than the City. The facility must also be on land o~ed by other
parties than the City and upon which there are no drainage easements
dedicated to the public for the general purposes of drainage retention, flow
mitigation or stormwater pollution abatement.
(3) For applicable properties, a credit may be calculated and the
fee may be reduced based upon defined standards and a formula the City
co~ission may establish by Resolution from time to time. No property
shall have a verified right to the use of any particular formula or fee
reduction other than that established by the City Co~ission by Resolution.
It shall be the responsibility of the applicant to apply for the retention
credit and supply all information needed to substantiate the credit under
the defined standards, formula and procedures established by the City. The
City Manager or his designee shall be responsible for verifying or
disallowing any fee reduction credit for a stormwater retention facility.
In no event will the reduction in fee cause the fee to be paid to be
less than 50% of the fee due without the credit.
Section 28-176. Billhg ~d ~ll~tion of Sto~at~ ~g~nt
Utility F~. The fre~ency of billing is to be est~lished by the City
Manager based on an evaluation of the most efficient, effective and
e~itable method of billing and collections available to the Utility. The
stormwater fee shall be billed at least annually by the City but no more
than twelve (12) times in one calendar year. The City Manager is to assure
that the most efficient and effective billing and collection techni~es are
being used.
All stormwater fees not paid within thirty (30) days after the
bill is due, or that are not under active appeal, shall be considered
delin~ent. All charges delin~ent hereunder shall be subject to an
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RECORDS
' 'PAGE
23 !3 885
SEH t OLE CO. FL.
interest charge at the Florida statutory rate. In the event such premises
shall be served by the waterworks or sanitary sewer system of the city, the
city shall cease to serve such premises with all utility services until all
delinquent utility fees and interest have been paid, as allowed by law.
The stormwater fee shall constitute a debt to the City for which
the owner, tenant and/or occupant 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 the owner, tenant,
or occupant to ascertain that the prescribed fees are paid.
Charges which remain unpaid for a period of sixty (60) days shall
be a lien upon the property to which such fee is associated, as allowed by
law, from the date said fee becomes due until the delinquent fee and
interest are paid. The City Commission may direct the City Attorney to file
suit thereon, by an action at law to collect all such unpaid fees and
interest, or a suit to enforce the lien in the same manner as the
foreclosure of mortgages. In the event of either action, the city shall be
entitled to recover the actual attorney's fees and costs of the City for
the collection.
The City shall not be required to look to any person or entity
other than the owner for the payment of the delinquent fees and interest.
The failure of any owner to learn that he or she purchased property against
which a lien for delinquent fees exist, shall in no way affect the property
owner's responsibility for such payment.
Section 28-177. Appeals.
(1) Any customer or property owner who feels that the stormwater
fee or credit for their property has been calculated or computed incorrectly
may petition in writing to the City Manager or his designee for a review of
their account.
(2) If not satisfied with the determination of the City Manager
or his designee, the petitioner may ask for a hearing before the city
commission, whose decision shall be final. Any credits authorized by the
appeal process shall only be effective against billings subsequent to the
date of the appellate decision.
9
, OFF$C,.'AL RECORDS
""' BOO!' RAGE
] 3 1886
SEHff ,OL:E CO, FL.
Section 28-178. Stormwater Utility Fund.
(1) A Stormwater Management Utility Trust Fund is hereby
established into which all revenues from users fees, grants, or other
funding sources shall be deposited and from which all expenditures related
to the City~s stormwater management utility shall be paid. Accounting and
reporting procedures shall be consistent with State law and reported to the
City Commission by the City Manager or his designee, annually.
(2) Expenditures for activities that are not related to the
City~e stormwater management utility shall not be permitted from the fund
except for a prorated charge for general City government services as is in
effect for other City utility funds.
Section 28-179. Flooding~ Liability. Floods from stormwater
runoff may occur which exceed the capacity of storm drainage facilities
constructed, operated, or maintained by funds made available under this
Chapter. This Chapter shall not be construed or interpreted to mean that
property subject to the fees and charges established herein will always, or
at any time, be free from stormwater flooding, standing water, water
pollution or flood damage, or that stormwater control systems capable of
handling all storm events can be cost-effectively constructed, operated, or
maintained. Nor shall this Chapter create any liability on the part of, or
cause of action against, the City, or any official or employee thereof, for
any damage that may result from floods, storms, rains or the runoff thereof.
Nor does this Chapter purport to reduce the need or the necessity for
obtaining flood insurance by individual property owners.
SECTION 2: Specific authority is hereby granted to codify and incorporate
this Ordinance in the existing Code of Ordinances of the City of Sanford.
SECTION 3: If any section or portion of a section Of this ordinance proves
to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other section or part of this
ordinance.
SECTION 4= That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby revoked.
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SECTION 5: That this ordinance shall become effective immediately upon its
passage and final adoption. The stormwater management utility fees shall
become payable on or after October 1, 1991.
PASSED AND ADOPTED this ~ day of ~- , A.D. 1991.
City of Sanford, Florida
CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3065 PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the 8th day of July
1991, was posted at the front door of the City Hall in the City of
Sanford, Florida, on the 9th day of~uly, 1991.
a -hereUnto set my hand and the
In witness whereof, I h ve
official seal of the City of "San~c~/Florida, this 9th day of
July, 1991. , ~...
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