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

  § 56.16. ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS.  

Latest version.

  • (A)

    The rate of stormwater management assessments for each parcel within the benefited area, other than with respect to nonassessed property, shall be established each year by resolution of the Commission. Except as provided below, such rate resolution shall not be adopted prior to the establishment of a operational budget for the system for such next succeeding year prepared by the Director; and prior to the conducting of one or more rate hearings as required under applicable law. Such budget shall include, but not be limited to, the estimated cost of planning and constructing additions, extensions and improvements to the system for such next succeeding year (the "capital element"); the debt service requirements for any obligations issued by the City (other than voter-approved general obligation debt) to finance or refinance additions, extensions and improvements to the system (the "debt service element"); and the cost of operation and maintenance of the system for such next succeeding year (the "O and M element"). The O and M element shall contain all outlays of the system determined to be necessary and proper by the City Manager, which will not be provided for in the capital element and debt service element of the operational budget. The rate hearings and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the O and M element.

    (B)

    The owner of each parcel (other than the owner of nonassessed property) within the benefited area, for which a stormwater management assessment is levied, shall be responsible for the payment thereof. However, the owner of the Common elements of a platted subdivision shall not be responsible for such payment. Instead, the assessment for Common Elements shall be prorated and included in the assessment of all the parcels within the subdivision, and the owners of such parcels shall be responsible for the payment thereof.

    (C)

    The rate of stormwater management assessments for the various classes of property (other than nonassessed property) within the benefited area shall be as follows:

    (1)

    Developed Property:

    (a)

    The annual stormwater management assessment for a single-family residential unit shall be the rate for one ERU, multiplied by one ERU, multiplied by [twelve] (12) plus the annual prorated share of the stormwater management assessment for any Common Elements, if such single-family residential unit is within a platted subdivision with Common Elements. The assessment for Common Elements shall be determined in accordance with Section 56.16(C)(1)(d) for developed Common Elements, or Section 56.16(C)(2) for undeveloped Common Elements. The prorated share to be assessed against each residential unit within the subdivision is the sum of the annual assessments for all Common Elements within the subdivision, divided by the total number of parcels within the subdivision which are intended to be conveyed or have been conveyed into individual ownership.

    (b)

    The annual stormwater management assessment for a residential condominium unit shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, further divided by the number of condominium units and multiplied by twelve (12).

    (c)

    The annual stormwater management assessment for a singly-owned multifamily residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by twelve (12).

    (d)

    The annual stormwater management assessment for developed nonresidential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by twelve (12).

    (2)

    Unimproved Land. The annual stormwater management assessment for a parcel of unimproved land shall be the rate for one ERU, multiplied by a numerical factor to be determined by multiplying the total acres of such unimproved land by one and two-tenths (1.2) ERUs, multiplied by twelve (12).

    (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. All properties located within the Lake Worth Drainage District (LWDD), as defined by the LWDD boundary map, shall receive a twenty-five (25) percent discount.

    (2)

    Privately Maintained Drainage Systems. All properties for which the City does not provide for the maintenance of drainage systems shall receive a twenty-five (25) percent discount.

    For example, a residential property located within the Lake Worth Drainage District which is also served by a private drainage system, which is not city maintained, will be entitled to a twenty-five (25) percent discount for being located within the Lake Worth Drainage District, plus an additional twenty-five (25) percent discount (for a total of a fifty (50) percent discount) because the property is served by a private drainage system, which is not maintained by the City.

    (E)

    The determination of impervious area and total area of a parcel shall be based on data from the Palm Beach County Property Appraiser's Office, Palm Beach County Board of County Commissioners Information Systems Services, geographical information system analysis provided by the City of Delray Beach, from aerial photographs, asbuilts, or from information provided by the owner of such parcel if the information, as set forth above, is found 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 or her 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.

(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. 20-00, passed 9/7/00; Ord. No. 20-00, §§ 1, 2, passed 9/7/00; Ord. No. 36-04, § 2, passed 7/6/04)