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 Delray Beach
 Code of Ordinances
 Title 5. PUBLIC WORKS
 Chapter 56. STORMWATER
 GENERAL PROVISIONS

  § 56.04. DEFINITIONS.  

Latest version.

  • The following words, when used herein, shall have the meanings indicated, unless the context indicates otherwise:

    Act. Shall have the meaning set forth in Section 56.01 of this Chapter.

    Benefited area. The geographical boundaries of the City, including all future annexations and consolidations.

    City. The City of Delray Beach, Florida, a municipal corporation.

    Commission. The City Commission of the City of Delray Beach, Florida, acting as the governing body of the City.

    Common Element. As may be defined by Fla. Stat. § 193.0235 and referenced in Section 56.16, a Common Element is:

    1)

    Subdivision property not included within parcels which are intended to be conveyed or have been conveyed into individual ownership, which property is utilized exclusively for the benefit of parcel owners of such platted subdivision and are designated on the plat or approved site plan as a Common Element for the exclusive benefit of parcel owners;

    2)

    An easement through the subdivision property, not including the property described in paragraph (1), which has been dedicated to the public use or retained for the benefit of the subdivision;

    2)

    Any other part of the subdivision which has been designated on the plat or is required to be designated on the site plan as a drainage pond, or detention or retention are, for the exclusive benefit of the subdivision.

    Consulting engineer. A qualified engineer or engineering firm licensed in the State of Florida and retained by the City to perform the acts and carry out the duties relating to the system, as required by the City.

    Developed property. Any property with more than seven (7) percent of impervious area on such property.

    Equivalent residential unit or ERU. The average square footage of impervious area for detached single-family residential units within the benefited area. An ERU is numerically equal to two thousand five hundred two (2,502) square feet of impervious area which represents five and seven-tenths (5.7) percent of one acre of land.

    Existing system. The City's stormwater system and facilities existing at the time of the enactment of this Chapter.

    Impervious area. An area which either prevents or retards the entry of water into the soil mantle. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact infiltration and runoff, and would also include ponds and lakes or other bodies of water unless such property is classified nonassessed property.

    Nonassessed property. 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 organizations, 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.

    Nonresidential property. Any developed property which does not have as its major use a place of residence and is not classified as residential by the Palm Beach County Property Appraiser.

    Residential property. Any developed property which has the majority use as a place of residence and is so classified by the Palm Beach County Property Appraiser.

    Stormwater management assessment. A nonad valorem assessment imposed by the City pursuant to this Chapter and F.S. Section 403.0893, as amended and supplemented, on all developed property which is not nonassessed property, and on all unimproved land which is not nonassessed property, in the benefited area in relation to each such property's estimated contribution of stormwater runoff to the system and the benefit derived from the use of the facilities of the system, and the future improvements to be funded from stormwater management assessments. Such stormwater management assessment shall include a pro-rata cost of the operation and maintenance of the system, based on the same proportion of benefit assessed against each parcel within the benefited area.

    Surface water management permit. A South Florida Water Management District permit for surface water management facilities.

    System. The City's unified stormwater management system, as more particularly described in subsection 56.03(B) of this Chapter, and including management services such as designing, permitting, planning, and reviewing the stormwater-related infrastructure; operation, maintenance, repair and replacement of the infrastructure; and the improvement or enhancement of the infrastructure related to the approved public facilities elements of the comprehensive growth management plan for the City.

    Unimproved land.

    (1)

    Any undeveloped land regardless of its zoning classification by the Palm Beach County property appraiser; and

    (2)

    Any developed property (other than a single-family residence) which has less than seven (7) percent of impervious area.

    Year. The City's fiscal year commencing on October 1 and continuing to and including the next succeeding September 30, or such other annual period as may be prescribed by law.

    Uniform collection method. The method to be utilized by the City for the year commencing October 1, 1991, and each year thereafter for the billing, collection and enforcement of the payment of the stormwater management assessments, as authorized pursuant to F.S. Section 403.0893, as amended and supplemented, and F.S. Chapter 197, as amended and supplemented.

(Ord. No. 21-90, passed 7/10/90; Am. Ord. No. 8-91, passed 2/26/91; Am. Ord. No. 30-96, passed 9/3/96; Am. Ord. No. 2-00, passed 2/15/00; Ord. No. 36-04, § 1, passed 7/6/04)