08-91 ORDINANCE NO. 8-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC
WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 56.04, "DEFINITIONS", TO PROVIDE THAT THE
DEFINITION OF "NON-ASSESSED PROPERTY" SHALL INCLUDE
TAX-EXEMPT PROPERTIES OWNED BY RELIGIOUS
ORGANIZATIONS; BY AMENDING SECTION 56.15,
"IMPOS ITION O~ STORMWATER MANAGEMENT ASSESSMENT,
CLASSIFICATION AND CRITERIA", SUBSECTION (B), TO
INDICATE THE AVAILABILITY OF DISCOUNTS; BY AMENDING
SECTION 56.16, "ESTABLISHMENT OF RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION
(C) i(B), TO PROVIDE A FORMULA FOR ASSESSMENTS FOR
RESIDENTIAL CONDOMINIUM UNITS; BY REPEALING SECTION
56.16, "ESTABLISHMENT OF RATES FOR STORMWATER
MANAGEMENT ASSESSMENTS", SUBSECTION (D) AND ENACTING
A NEW SUBSECTION (D), TO PROVIDE FOR A DISCOUNT FOR
PROPERTIES LOCATED WITHIN THE LAKE WORTH DRAINAGE
DISTRICT AND TO PROVIDE FOR A DISCOUNT FOR
PROPERTIES SERVED BY PRIVATE STREET DRAINAGE SYSTEMS
WHERE THE CITY DOES NOT PROVIDE MAINTENANCE; BY
AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS", BY ENACTING A
NEW SUBSECTION (E), TO PROVIDE FOR THE BASIS OF THE
DETERMINATION OF IMPERVIOUS AND TOTAL AREAS OF A
PARCEL; BY AMENDING SECTION 56.17, "ADJUSTMENTS OF
STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (A),
TO DELETE PROHIBITIONS ON ADJUSTMENTS FOR
RESIDENTIAL PROPERTIES AND CONDOMINIMUM UNITS, BY
ENACTING A NEW SUBPARAGRAPH 6, TO PROVIDE FOR AN
ADJUSTMENT FOR NON-RESIDENTIAL PROPERTIES NOT
LOCATED WITHIN THE LAKE WORTH DRAINAGE DISTRICT WITH
PRIVATE DRAINAGE SYSTEMS ON SITE; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida desires to amend Ordinance 21-90 which created Chapter 56,
"Stormwater", of the Code of Ordinances of the City of Delray Beach,
Florida, for the purpose of providing certain discounts in order to
enhance rate equity; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida further desires to amend Ordinance No. 21-90 which created
Chapter 56, "Stormwater", of the Code of Ordinances of the City of
Delray Beach, Florida, to provide that tax-exempt properties owned by
religious organizations shall be defined as non-assessed properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.04, "Definitions", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended by
amending, "Non-Assessed Property", to read as follows:
"Non-Assessed Property" shall mean public rights-of-way,
lakes, rivers, and other bodies of water not utilizing or
having a direct or indirect impact on the System, tax-exempt
properties owned by religious orqanizations~ and such other
properties within the Benefited Area which may be determined
by the Director to be exempt from the payment of the
"Stormwater Management Assessment".
Section 2. That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.15, "Imposition of Stormwater Management
Assessment, Classification and Criteria", subsection (B), be and the
same is hereby amended, to read as follows:
(B) For purposes of imposing the Stormwater Management
Assessment, all parcels of land, other than Non-Assessed
Property, shall have one of the following
classifications~ and may be entitled to additional
discounts pursuant to Section 56.16.
1. Developed Property (a) Residential Property
(b) Non-Residential Property
2. Unimproved Land
Section 3. That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.16, "Establishment of Rates for Stormwater
Management Assessments", subsection (c)l.(b), be and the same is hereby
amended, to read as follows:
(b) The annual Stormwater Management Assessment for a
residential condominium unit shall be the rate for
one (1) ERU multiplied by ~fty-th~ee-~er~ent-~5~%~
o~-one-f}~-ERU a numerical factor to be determined
by dividinq the total impervious area of the
property (in square feet) by the impervious square
footage per one (1) ERU, further divided by the
number of condominium units and multiplied by twelve
(12).
Section 4. That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.16~ "Establishment of Rates for Stormwater
Management Assessments", subsection (D) is hereby repealed and a new
subsection (D), be, and the same is hereby enacted to read as follows:
(D) All properties are subject to the rate classifications
contained within Section 56.16(C). However, some
properties may be entitled to cumulative discounts. The
discount rates are as follows:
1. "Lake Worth Drainage District".
(a) All properties located within the Lake Worth
Drainage District, as indicated by the Palm
Beach County name-address-legal file (NAL),
shall receive a twenty-five percent (25%)
discount.
ORD. NO. 8-91
2. "Privately Maintained Street Drainage Systems".
(a) All properties for which the City does not
provide for the maintenance of street drainage
systems shall receive a twenty-five percent
(25%) discount.
For example, a residential property located within the
Lake Worth Drainage District which is also served by a
Private Street Drainage System, which is not City
maintained, will be entitled to a twenty-five percent
(25%) discount for being located within the Lake Worth
Drainage District, plus, an additional twenty-five
percent (25%) discount (for a total of a fifty percent
(50%) discount) because the property is served by a
Private Street Drainage System, which is not maintained
by the City.
Section 5 That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.16, "Establishment of Rates for Stormwater
Management Assessments", be and same is hereby amended by enacting a new
paragraph (E), to read as follows:
(E) The determination of Impervious Area and total area of a
parcel shall be based on data from the Palm Beach County
Master Appraisal File (herein "MAF"), from aerial
photographs, or from information provided by the owner oi
such parcel if the information from the MAF is £ound to
be incorrect by clear and convincing evidence, as
determined in the sole discretion of the Director.
Information provided by an owner shall include, at his
own cost, such information requested by the Director,
including survey data certified by a professional land
surveyor and/or engineering reports prepared by a
professional engineer acceptable to the Director.
Section 6. That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.17, "Adjustment of Stormwater Management
Assessments", subsection (A), be and the same is hereby amended by
deleting language in paragraph (A) and by enacting a new subparagraph 6,
to read as follows:
Section 56.17 Adjustment of Stormwater Manaqement Assessments
(A) Owner-Initiated Adjustments. Requests for adjustment of the
Stormwater Management Assessment shall be submitted to the
Director, who shall have authority to adjust Stormwater Management
Assessments, to administer the procedures and standards, and to~
review criteria for the adjustment of such assessments as~
established herein. In the review of adjustment requests,
consideration shall be given to properties with valid Surface Water
Management Permits indicating the provision of functional
retention facilities. A~-~eguests -~m -~wne~s -~ -Res~dent~a~
P~pert¥-(~the~-than-the-~wner-~f-a-s~ng~e-~am~y-~esfdent~a~-un£t
~r-resfdentfaf-c~n~mfnfum-un~t~-sha~-be-revfewe~-strf~t~-on-the
~asfs-~f-the-smeunt-~f-fm~erv~s-Area-~n-the-pr~pert~-andT-when
appkfcabkeT-~n-the-bas~s-of-the-numbe=-o{-fn~vkduak-dwekkfng-unfts
ex~st~ng-on-the-p~pert¥=--No- ~eguests-~or-a~justments-ma~e-by-an
3
ORD. NO. 8-91
~wner--~--a--sfng~e--~amify--resf~entfaf--unft--~r--resf~entfa{i
con~mfn~m-~n~t -sha~ -be -e~ns~ere~: The following procedures!
shall apply to all requests for adjustments of the Stormwaterl
Assessment permitted under this Chapter.
1. Any owner who believes the Stormwater Management Assessment is
incorrect may, subject to the limitations set forth in this
Section, submit an adjustment request to the Director. set
2. The adjustment request shall be in writing and shall
forth, in detail, the grounds upon which the correction
sought.
3. If the Uniform Collection Method is being used by the City,
the adjustment request must be made within sixty (60) days
after receipt by the owner of his or her tax bill containing
the Stormwater Management Assessment. If the Interim
Collection Method is being used by the City, the adjustment
request must be made during the Year the $tormwater Management
Assessment is imposed. The adjustment request will be
reviewed by the Director within a four (4) month period from
the date of filing of the adjustment request. Consfderati~:n
by the Director of the owner's request for adjustment shall
not relieve the owner of the obligation to make timely payment
of the Sto£mwater Management Assessment. In the event an
adjustment is granted by the Director which decreases the
Stormwater Management Assessment, the owner shall be entitled
to a refund of the excess Stormwater Management Assessments
paid. If the Uniform Collection Method is being used by the
City, the refund shall be mailed by the Palm Beach County Tax
Collector (the "Tax Collector") unless the Tax Collector and
the City agree otherwise.
4. The owner requesting the adjustment may be required, at his
own cost, to provide supplemental information to the Director
including, but not limited to, survey data certified by a
professional land surveyor and/or engineering reports approved
by a professional engineer and acceptable to the Director.
Failure to provide such information may result in the denial
of the adjustment request.
5. The adjustment to the Stormwater Management Assessment will be
made upon the granting of the adjustment request, in writing,:
by the Director. The document granting the adjustment request]
will be provided to the owner and, if the Uniform Method of~
Collection is being used by the City, the document will also
be sent to the Tax Collector. A denial of an adjustment.
request shall be made in writing by the Director, a copy of
which shall be provided to the owner.
6. All Non-Residential Properties located within the Lake Worth
Drainage District with Private Drainage Systems on site shall
not be eligible for an adjustment based on on-site retention
of stormwater. All other Non-Residential properties with
Private Drainage Systems on-site shall be eligible for an
adjustment based on on-site retention of stormwater.
4
ORD, NO. 8-91
Section 7. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 8. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 9. This Ordinance shall become effective immediately
upon its passage. A certified copy of this Ordinance, as enacted, shall
be filed with the Department of State.
PASSED AND ADOPTED in regular session on second and final
reading on this, the 26th day ofFO~1991-
ATTEST:
First Reading February 12, 1991
Second Reading February 26, 1991
Aid ORDINANCE OF THE CiTY CO/~ISSIO# OF THE CITY OF DELRAY
~IEACH, FLORIDA, AMENDING TITLE 5~ 'PUBLIC WORKS', CHAPTER 56,
~?~R~#ATEF, OF THE C~ODE OF, ONOINAI~$ OF ~! CIT~ OF DELL
RAYI
BEACH, BY AMENDING SECTION SL~ 'DEFINITIONS' TO PRO¥ DE
THAT THE CIEFINITIOtl OF ~SSESSED~ PROPERTY' SHALL INCLUDE
TAX-EXEMI~', PROPERTIES OWNED BY RELIGIOU~ ORGANIZATIONS;
BY AMEROtidG SECTroN Als. 'I~POSlT~ON O~ STCXIMWATEI~ 'MANAGE,
MENT AS~SSAtEidT, CLASStFICATION AND CRITERIA; gJB~:CTION
TO IND~CA~'~ THE AVAiLABiLiTY OF DISCOUNTS; fY AMENDING SEG
Tt~? ~Lld?ESlLAILIStglG~#T OF RATES FO~ STQRMWATER MANAGE~
MEMENT A~, SULSECTIDE (CIV.~), TO PROVIDE.A'~FDEMIJLA
FOR ASSESSMENTS FOR RESIDENTIAL C0ND~INIUM Ugl~ BY
I~)EALIRG SECTION .S6~, ~.STAfLISH~AENT OF RATES
TI;R AdlANA~IEA4ENT AS.SE~AENT~, ~S~CT~ (D~ AND ENACTIRG A
N~. ~ ~ ' "PROPERTIES
L WI~r , A~ TO PRO;
DRAINAGE $YSTEASS.WNERE THE £tT¥~OES NOT PROVIDE MAiNTE-
NANCE; BY AMENDIN~ SECTION ~1~, ~STA~SHAd~NT OF RATES FOR
STOI~WATER MANA6EM~#T ~ENT~ i~¥ ENACTING A NEW
SUBSECTION ~(EI, TO ~I~)YIDE FOR THE _~.~J$ OF THE DETERMINA-
TION OF IMPERVioUS ~RD TOTAL AREAS OF A PARCEL; BY AMEND NO
SECTION g/I7, ~'ADJUSTMENT$ OF STOI~ATER MANAGEMENT AS.
SES"AEidTS', SUfSECT~ ~A~ TO Dr~Lr~E PB~I~tT~ONS O~ AD~ST-
~TS~ FOR RESiDENTiAL ~RO~rnT~S ~ CON~N~
N CNG ^ NEW SUEPAP, AGNA~H ~, TO P~)VtP£ FOR ~N ADJUST.
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ORD. NO. 8-91