City of Jacksonville

PART 1. ESTABLISHMENT OF UTILITY, RATES and ENFORCEMENT

Sec. 754.101. Declaration, intent and scope.

(a) The City finds and declares the following as the intent and scope of the Stormwater Management Utility Code:

(1) To provide for effective management and financing of a stormwater system within the City by establishing a Stormwater Management Utility pursuant to Fla. Stat. 403.0893; and

(2) To provide that the Stormwater Management Utility Code shall be effective in the General Services District of the Consolidated City of Jacksonville, as set forth in the Charter of the City of Jacksonville excluding Urban Services Districts 2, 3, 4 and 5 being the Cities of Jacksonville Beach, Atlantic Beach, Neptune Beach, and the Town of Baldwin.

(3) To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff; and

(4) To improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of stormwater runoff and the correction of stormwater problems; and

(5) To ensure compliance with the City's National Pollutant Discharge Elimination System (NPDES) Stormwater permit and to authorize the establishment and implementation of a plan for storm management including planning, design, coordination, construction, management, regulation, operation, maintenance, inspection, surveying and enforcement; and

(6) To establish a program of user charges for stormwater management service to be charged to all developed property within the City that generates stormwater runoff and to use the funds to provide stormwater management services within the area and for the programs designated herein; and

(7) To encourage and facilitate urban water resources best management techniques, including but not limited to the retention/detention of stormwater runoff, minimization of the need to construct storm sewers, compliance with Total Maximum Daily Load (TMDL) requirements mandated by the State or Federal Government, and the enhancement of the environment.

(b) In order to accomplish these purposes, a stormwater service charge shall be made on each developed parcel in the City.

(c) The City's stormwater service charges shall be fair and reasonable, and bear a substantial relationship to the cost of providing service and facilities, in that similar properties shall pay similar stormwater service charges. Rate studies shall be conducted periodically to ensure the equity of the service charges.

(d) The City shall establish an Adjustment and Credit Manual to address the equity of the service charges.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.102. Definitions.

As used in this chapter, unless the context otherwise requires:

(a) Adjustment and Credit Manual is the Manual created and adopted by the City which shall contain the procedures and policies, including appeals, to allow the Director to award adjustments and credits to those applicants that have completed the appropriate forms and received approval from the City Engineer.

(b) Best management practices (BMPs) means those schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollutants from entering the MS4 or being discharged from the MS4 so as to protect or restore the quality of surface waters in Duval County. BMPs include, but are not limited to, treatment methods and practices to control site runoff, spillage, leaks, sludge, waste disposal or runoff from raw material.

(c) CAO shall mean the Chief Administrative Officer of the City, or the designee thereof.

(d) City shall mean the consolidated City of Jacksonville, Florida, and its staff and elected officials, but shall not include the City of Jacksonville Beach, the City of Atlantic Beach, the City of Neptune Beach, and the Town of Baldwin.

(e) Department shall mean the Public Works Department of the City.

(f) Developed property shall mean any parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. These modifications include, but are not limited to, clearing, grading, cementing, filling, or compacting the natural ground, or erecting or constructing buildings, parking lots, driveways, patios, decks, walkways, and athletic courts.

(g) Director means the Director of Public Works, who has been designated by Section 754.104 as the Director of the Stormwater Management Utility or his designee.

(h) Discharge includes, but is not limited to, any spilling, leaking, seeping, pouring, emitting, emptying or dumping of any material, including liquids.

(i) Drainage area shall mean the watershed (acreage) contributing surface water runoff to the city's storm drainage system.

(j) Dwelling unit shall mean a building or part thereof occupied in whole or in part as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

(k) Illicit connection means any man-made conveyance connecting a non-stormwater discharge directly to a municipal storm sewer system.

(l) Illicit discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of storm water except discharges pursuant to a National Pollutant Discharge Elimination System permit (other than the city's NPDES stormwater permit). The term also does not include water line flushing, landscape irrigation, diverted stream flows, rising underground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers, well point water discharges from potable water sources, foundation drains, air conditioning condensate, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, dechlorinated swimming pool discharges, flows from riparian habitats and wetlands, street wash waters, and discharges or flows from emergency fire fighting activities.

(m) Impervious area or impervious surface shall mean a surface which has been compacted or covered with a layer of material so that it is resistant to infiltration by water, including semi-pervious surfaces such as compacted clay, gravel used as travelways, most conventionally surfaced streets, roofs, sidewalks, parking lots, or other similar surfaces.

(n) Industrial activities mean activities which are conducted on properties designated for industrial land use according to local comprehensive plans and at facilities identified by the U.S. Environmental Protection Agency as requiring a National Pollutant Discharge Elimination System stormwater permit under the definition of "Stormwater Discharge Associated with Industrial Activity" in 40 CFR 122.26.

(o) Industrial and high risk runoff means discharges from landfills, hazardous waste treatment, storage, disposal and recovery facilities, facilities that have reported under the requirements of EPCRA Title 3, Section 313, and any other industrial or commercial discharge which the Director determines is contributing a substantial pollutant loading to the MS4.

(p) Inspection includes, but is not limited to, a review of all components of a stormwater management system, records on operation and maintenance of facilities and the results of any monitoring performed in compliance with state, federal or local regulations or permit conditions.

(q) Multifamily residential properties shall mean and include all duplex, condo, trailer, apartment and other properties containing more than one dwelling unit. Common areas associated with such properties shall be included in the charge to the multifamily units on such properties.

(r) Municipal separate storm sewer system or MS4 means that conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, pipes, head walls, manholes and storm drains) governed by the MS4, designed or used for collecting or conveying storm water, which is not a combined sewer, and which is not part of a publicly owned treatment works as defined in 40 CFR 122.2.

(s) Nonresidential properties shall mean and include all property zoned or used for commercial, industrial, retail, governmental, or other nonresidential purposes and shall include all developed real property in the city not classified as single-family or multifamily as defined in this section.

(t) Owner shall mean the person in whom the ownership, dominion or title of property is vested. The term may include a tenant, if chargeable under a lease agreement for the maintenance of the property, and any agent of the owner or tenant, including a developer.

(u) Person shall mean any person, firm, individual, partnership corporation, organization or association of any kind.

(v) Receiving water shall mean those creeks, streams, rivers, lakes, sinkholes, and other bodies of water into which surface waters are directed, either naturally or in manmade ditches, pipes, or open systems.

(w) Credit factor shall mean the numeric value generated utilizing the Adjustment and Credit Manual developed by the City, and amended as needed.

(x) Service charge or service fee shall have the same meaning as User Fee.

(y) Single Family Unit (SFU) shall mean the basic unit for the computation of stormwater service charges and is defined as 3100 square feet of impervious area, which represents the estimated average impervious area for all developed, detached single-family dwelling units in the city.

(z) Storm sewer refers to a municipal storm sewer.

(aa) Stormwater means stormwater runoff, surface runoff and drainage.

(bb) Stormwater detention basin shall mean a facility, either natural or manmade, that collects and contains stormwater runoff and allows the release of the stormwater through a structure that is designed to control the rate of the release of the stormwater, as acknowledged by the Director or designee.

(cc) Stormwater detention/retention basin shall mean a facility, either natural or manmade, that performs a combination of both a stormwater detention basin and a retention basin, as acknowledged by the Director or designee.

(dd) City's/State's Stormwater management system shall mean and include all natural and manmade elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable receiving water body or location internal or external to the boundaries of the city. The stormwater management system includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities, and includes TMDL compliance requirements.

(ee) Stormwater retention basin shall mean a facility, either natural or manmade, that collects and contains stormwater runoff and only allows the release of the stormwater runoff by one or more of the following: evaporation, percolation into the natural ground and/or percolation into a manmade filtration system that may convey the stormwater runoff to a stormwater management system, as acknowledged by the Director or designee.

(ff) TMDL shall mean the Total Maximum Daily Load nutrient load requirements with which the City shall be required to comply.

(gg) User Fee or Service Charge shall mean the fee or charge for stormwater service established pursuant to this ordinance.

(hh) User Fee Adjustment shall mean the adjustment of the user fee assessed to a particular parcel based upon errors or mistakes in the fee or charge for that parcel.

(ii) User Fee Credit shall mean the credit for stormwater management services provided by the applicant for a specific parcel and awarded by the Director in accordance with the Adjustment and Credit Manual.

(jj) User Fee Reduction shall mean the Reduction of the User Fee to a specific parcel based upon this ordinance. An application from the Owner or Owner's Agent and approval to award this credit will be the responsibility of the Director.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.103. Stormwater Management Utility—Established.

There is hereby created and established in the city a stormwater management utility in accordance with F.S. § 403.0893. This utility shall constitute the storm water management system; shall operate from within the Department of Public Works; and shall be responsible for the city's stormwater management plan, subject to appropriations from the City Council.

(Ord. 2007-836-E, § 2)

Sec. 754.104. Stormwater Management Utility Director.

The Director of Public Works shall serve as the director of the City's stormwater management utility.

(Ord. 2007-836-E, § 2)

Sec. 754.105. Stormwater Management Utility Director—Duties and powers.

The stormwater management utility director shall have all powers necessary for the exercise of responsibility of the drainage of stormwater from all properties with the City covered by this Chapter, including, but not limited to, the following:

(a) Preparation of plans for improvements and betterments to the stormwater management system.

(b) Construction of improvements and betterments to the stormwater management system.

(c) Promulgation of regulations for the use of the stormwater management utility and system, including provisions for enforcement of such regulations.

(d) Review and approval of procedures, regulations and criteria by which the Development Management Group reviews all new development permits within the city for compliance with stormwater management regulations included in present city ordinances or ordinances later adopted.

(e) Performance of routine maintenance and minor improvement to the stormwater management system.

(f) Recommend the establishment and adjustment of user fees and charges, which shall be submitted to City Council for approval, for the city's stormwater management utility and system.

(g) Evaluation of water quality concerns for discharges to the stormwater management system.

(h) Performance of all normal utility functions to include construction, operation, and maintenance of the city's stormwater management system, including, but not limited 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 management system; all consistent with the personnel and procurement requirements of the City.

(i) Recommendation of the issuance of revenue bonds for the purpose of performing those duties as described herein.

(j) Award User Fee Credits, User Fee Reductions and User Fee Adjustments in accordance with this Section and the approved Adjustment and Credit Manual.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.106. Authority for service charges, and for the levy, collection, payment and enforcement thereof.

(a) Authorization. The City Council is empowered by this chapter to establish, upon recommendation of the Director, service charges for the use and discharge to the city's stormwater management system. Such service charges shall be based on the cost of providing stormwater management services to all properties within the General Services District of the Consolidated City of Jacksonville, as set forth in the Charter of the City of Jacksonville, excluding Urban Services Districts 2, 3, 4 and 5 being the Cities of Jacksonville Beach, Atlantic Beach, Neptune Beach, and the Town of Baldwin. As of 2007, the annual cost of providing stormwater services is approximately $33,000,000.

(b) Rates for stormwater management service. There will be a charge for all Owners of real property in the city covered by this ordinance, who have improvements or uses thereon which contribute stormwater runoff to the city's stormwater management system, a monthly stormwater service charge. The basic stormwater service charge shall be $5 per month per SFU, or $60 per year per SFU, as follows:

All nonresidential properties shall be calculated based on the following calculation: Square footage of impervious area divided by 3100 equals the SFU billing units. The number of billing units × $5 per month will be the property stormwater service charge per month.

(c) Application to certain developed properties. Service charges shall apply to all developed properties, except public right of way and roads developed in accordance with City standards in residential developments, covered by this ordinance within the city using the city's stormwater management system, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes, except those specifically entitled to User Fee Credits, User Fee Adjustments or User Fee Reductions as set forth herein. Service charges shall apply to all government properties, including properties of the city, including the city-owned buildings, parks, and other properties except as specifically provided for herein. In recognition of the fact that the Duval County School Board (DCSB) is a part of the Consolidated Government, and of the future construction needs of both the City and the DCSB relating to stormwater management systems; and in recognition that current land restrictions at some existing DCSB facilities preclude construction of adequate stormwater management facilities, the City and the DCSB will work together to create joint stormwater projects. In lieu of payment of the stormwater fee, the City and the DCSB shall work together to determine the credits that would otherwise be due the DCSB and shall develop a Memorandum of Understanding (MOU), approved by the Council committee to which matters regarding utilities are referred, that will result in a Joint Stormwater Capital Improvement Program (CIP).

(d) Undeveloped property. Stormwater service charges shall not be charged to undeveloped property that has not been altered from the natural state as defined herein. Properties dedicated exclusively to farmland, gardens, and landscaped areas shall also be exempt except for any roads, parking, or structures associated therewith.

(e) Levy, collection and payment—alternative methods.

(1) The stormwater service charges authorized, established, and imposed herein shall commence on July 1, 2008, and shall be due and payable in advance. For the first year of the stormwater service charge, the period of collection shall be from July 1, 2008 to December 31, 2008. In subsequent years, the service charge shall be due for the twelve month calendar year period. The stormwater service charges authorized herein may be billed on an annual basis, or on a monthly, quarterly, semi-annual or pro-rated basis if determined to be in the best interest of the City, and may be charged and collected in advance. The method of billing shall be through any legally authorized method approved by the Director. Stormwater service charges may be collected through the Tax Collector's Office based upon mutually agreeable methods and costs, or may be billed through other means as may be financially advantageous to the City.

(2) The City may utilize the Uniform Method of Collection as a non-ad valorem assessment if such collection method is approved by the City Council in accordance with Florida Statute 197.3632.

(3) The City may impose late fees in the amount of one percent per month (1%) simple interest on unpaid balances.

(4) The City may utilize any legally available collection methods, including but not limited to filing lawsuits or placing liens, in order to collect past due amounts. Liens may not be foreclosed.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.107. Stormwater Management Utility Trust Fund.

(a) A stormwater management utility trust fund is hereby established into which all revenues from user stormwater service charges, grants, or other funding sources shall be deposited and from which all expenditures related to the city's stormwater management utility shall be paid. All disbursements therein are hereby appropriated and shall not lapse but shall carryover into each succeeding fiscal year. Accounting and reporting procedures shall be consistent with state law and reported to the City Council by the Stormwater Management Utility Director or designee on an annual basis.

(b) Expenditures from the fund for activities that are not related to the city's stormwater management utility shall not be permitted, except for prorated charges for general city and central service costs.

(Ord. 2007-836-E, § 2)

Sec. 754.108. Appeals.

Any customers or property owners who feel that the stormwater service charge for their property, or any credit therefore, has been assigned or computed incorrectly may petition in writing following the procedures set forth in the Adjustment and Credit Manual.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.109. Council Approval of User Fee Credits, Adjustments, and Reductions, Applications and Reporting Requirements and Implementation Manuals and Rules.

The City Council hereby approves the following user fee credits, fee reductions, and fee adjustments, and application and reporting requirements, and the use of the Adjustment and Credit Manual, as set forth in this section.

(a) User Fee Credits, Fee Reductions and Adjustments shall be applied as follows:

(1) User fee reduction for organizations classified as 501(c)(3) in accordance with the rules of the Internal Revenue Service. In recognition by the City of the contributions to the overall benefit and well-being of the community by organizations which are classified as a 501(c)(3) organization in accordance with the rules of the Internal Revenue Service, a fee reduction in the amount of 100 percent of the overall stormwater service charge is authorized. In order to obtain the fee reduction, the organization must provide evidence of the following:

(i) That the physical structure on which the stormwater service charge is assessed is owned and operated by the 501(c)(3) organization for the purposes of providing its programs to the community; and

(ii) The organization must provide documentation confirming IRS Code 501(c)(3) designation.

(2) Low Income In Accordance with Federal Guidelines. If the dwelling unit on which the stormwater service charge is assessed is owned by an individual or family with an income level within 150 percent of the Federal poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), then a user fee reduction in the amount of 100 percent of the stormwater service charge shall be granted.

(3) User Fee Adjustments. If the Owner believes that the invoice submitted for the property contains errors, an application should be submitted in accordance with the procedures set forth in the Adjustment and Credit Manual.

(4) User Fee Credits for Stormwater Management Best Practices. User fee credits of 50 percent may be allowed, in accordance with the requirements and procedures contained in the Adjustment and Credit Manual. In exceptional circumstances only, a user fee credit of up to 75 percent may be allowed, in accordance with the requirements and procedures in the Adjustment and Credit Manual.

(b) Applications and Reports Required. For all User Fee Credits, User Fee Reductions, or User Fee Adjustments to be applicable to an individual property, the Owner, or the Owner's agent, shall file an application, and supply the appropriate documentation required. Internal Revenue Service 501(c)(3) organizations contained in IRS Publication 78 shall be classified to receive the user fee reduction on the initial invoice without further application. Self reporting is also required for certain credits, reductions or adjustments to continue from year to year. Specific forms, application procedures and reporting requirements are set forth in the Adjustments and Credit Manual.

(c) Calculation of Maximum Credits Allowable. In calculating the fee reduction for IRS 501(c)(3) organizations, the fee reduction allowed pursuant to that section shall be calculated first, and any additional credits allowed shall be calculated based on the balance of the fee owed.

(d) Adjustment and Credit Manual. The City Council hereby approves the Adjustment and Credit Manual, dated March 25, 2008. The Manual shall be on file with the Office of Legislative Services, and made available to the public on request, and may be modified by the Subdivision Standards and Policy Advisory Committee (SSPAC) in accordance with the procedures established in the City Code. Whenever the Adjustment and Credit Manual is revised, a copy thereof shall be placed on file in the Legislative Services Division of the City Council.

(e) Record keeping and reporting. On a City fiscal year basis, the Department of Public Works shall maintain records to show how all credits, adjustments, and discounts have been applied, and the Director of Public Works shall annually prepare a report to be presented to the Council and the Council Auditor each April 1 commencing in 2009.

(Ord. 2007-836-E, § 2; Ord. 2008-129-E, § 1)

Sec. 754.110 City's obligation to fund Sec. 754.109(a)(1) and (2) user fee reductions.

Annually, the City shall determine the total amount of those user fee reductions authorized by section 754.109(a)(1) and (2), and shall, in the annual budget, appropriate said total Section 754.109(a)(1) and (2) reduction fees to the Stormwater Utility Sub Fund Group to be utilized for pay as you go projects only and not for projects supported by bond funds.