Resolution 2018-071 RESOLUTION NO. 2O18- 71
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO THE PROVISION OF THE STORMWATER
MANAGEMENT SYSTEM AND IMPROVEMENTS;
ESTIMATING THE COST OF THE STORMWATER
MANAGEMENT SYSTEM; DETERMINING THAT CERTAIN
REAL PROPERTY WILL BE BENEFITED THEREBY;
ESTABLISHING THE METHOD OF CALCULATING THE
COST OF THE STORMWATER UTILITY FEE;
ESTABLISHING THE METHOD OF COLLECTION OF THE
STORMWATER UTILITY FEE; PROVIDING FOR THE
CHARGING OF THE COST OF A STORMWATER
MANAGEMENT SYSTEM TO GOVERNMENT PROPERTY;
DIRECTING THE PREPARATION OF THE STORMWATER
UTILITY FEE ROLLS; SETTING A PUBLIC HEARING FOR
THE ADOPTION OF A STORMWATER UTILITY FEE AND
DIRECTING THE PROVISION OF NOTICE IN
CONNECTION THEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS FOLLOWS:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. PURPOSE AND DEFINITIONS. This resolution constitutes
the Initial Stormwater Rate Resolution as authorized by the Ordinance. As used in this
Resolution, the following terms shall have the following meanings, unless the context
hereof otherwise requires:
"Agricultural Property" means a Tax Parcel containing a bona fide Farm
Operation on land classified as agricultural pursuant to section 193.461, Florida Statutes.
"Benefit Area" means any portion or portions of an area within or without an area
of operation designated by resolution of the Board of County Commissioners as provided
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herein as a Benefit Area for the purpose of determining utility fees. For the utility fees
authorized herein, the Benefit Area consists of the unincorporated area of Collier County,
Florida, as set forth on Appendix A.
"Benefited Property" means all parcels of real property that receive a benefit from
the Stormwater Management System.
"Building" means any structure, whether temporary or permanent, built for
support, shelter or enclosure of persons, chattel or property of any kind. This term shall
include mobile homes or any vehicles serving in any way the function of a building.
"Comprehensive Plan" means the most recent version of the comprehensive
plan adopted by the Board pursuant to Chapter 163, Part II, Florida Statutes.
"Condominium Complex" means a condominium community created by a
declaration of condominium pursuant to Chapter 718, Florida Statutes.
"Condominium Common Area Parcel" means a Tax Parcel of Benefited
Property including one or more "common elements," as defined in section 718.103,
Florida Statutes of a Condominium, the taxable value of which has been attributed to
either Condominium Residential Unit Parcels or Condominium Non-Residential Unit
Parcels by the Property Appraiser.
"Condominium Residential Unit Parcel" means a Tax Parcel of Benefited
Property constituting a Condominium "unit," as defined in section 718.103, Florida
Statutes, which contains a Dwelling Unit and is assigned a DOR Code 04 in the DOR
Codes.
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"Condominium Non-Residential Unit Parcel" means a Tax Parcel of Benefited
Property constituting a Condominium "unit," as defined in section 718.103, Florida
Statutes, which does not contain a Dwelling Unit and is assigned a DOR Code ending in
04 in the DOR Codes.
"DOR Code" means a property use code established in Rule 12D-8.008, Florida
Administrative Code, as applied by the Property Appraiser.
"Dwelling Unit" means a Building, or a portion thereof, available to be used for
residential purposes, consisting of one or more rooms arranged, designed, used, or
intended to be used as living quarters for one family only.
"ERU" means the typical extent of impervious area for a Single-Family Parcel,
which the County has computed is equal to 3,900 square feet.
"Exempt Government Property" means property owned by the United States of
America, the State of Florida, a county or a school board.
"Farm Operation" is as defined in section 163.3162(2), Florida Statutes.
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be
prescribed by law as the Fiscal Year for the County.
"General Parcel" means a Tax Parcel of Benefited Property that is not a Single-
Family Parcel, a Condominium Common Area Parcel or a Condominium Residential Unit
Parcel.
"Government Leasehold" means a Building located on a Tax Parcel of
Government Property that is leased to a private entity for proprietary use.
"Impervious Area" means hard surfaced areas which either prevent or severely
restrict the entry of water into the soil mantle and/or cause water to run off the surface in
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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 affect the natural infiltration or runoff patterns which existed
prior to development.
"Mitigation Credit" means, for any Parcel of Benefited Property, a number
between 0.0 and 100 percent representing a reduction in the Stormwater burden
expected to be generated by such Parcel attributable to privately maintained Stormwater
management facilities and other factors affecting the quantity or quality of Stormwater
runoff.
"Mitigation Credit Policy" means the Collier County Stormwater Utility Mitigation
Credit Policy attached hereto as Appendix B.
"Net ERU" means the standard unit used to express the Stormwater burden
expected to be generated by each parcel of property, after taking into consideration any
mitigation of the Stormwater burden that results from privately maintained Stormwater
management facilities and other factors affecting the quantity, quality, or rate of
Stormwater runoff.
"Ordinance" means Article VII — Stormwater Utility Sections 134-311 to 134-330
of the Collier County Code of Laws and Ordinances.
"Qualifying Mitigation Facility" means a permitted manmade facility or structure
on the site of a Benefited Property which, by its design and function, retains or detains
Stormwater on-site and thus generates less volume of Stormwater from the site or
produces Stormwater runoff with less pollutants than would be the case in the absence
of such facilities or structure.
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"Single Family Parcel" means a Tax Parcel of Benefited Property assigned a
DOR Code of 01 or 02 in the DOR Codes.
"Stormwater" means any surface runoff and drainage of water from land surfaces.
"Stormwater Improvement" means land, capital facilities and improvements
acquired or provided to detain, retain, convey or treat Stormwater within the County.
"Stormwater Management Services" means (A) management and
administration of the County's Stormwater Management System, including
administration, planning, and permitting requirements; (B) Stormwater program
engineering; (C) Drainage Basin planning; (D) Stormwater Improvements to be acquired
or constructed; (E) operating and maintaining the Stormwater Management System,
including extraordinary maintenance; (F) billing and collection of Stormwater Utility Fees,
including customer information and educational services and reserves for statutory
discounts; and (G) legal, engineering and other consultant services.
"Stormwater Management System" or "System" means the existing
stormwater management of the county and all improvements thereto which by this article
are constituted as the property and responsibility of the utility, to be operated as an
enterprise fund to, among other things, conserve water, control discharges necessitated
by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use
or reuse water to prevent or reduce flooding, over-drainage, environmental degradation
and water pollution or otherwise affect the quality and quantity of discharge from such
system.
"Stormwater Roll" means the property roll relating to the funding of the
Stormwater Management System approved by a Final Rate Resolution.
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"Stormwater Service Cost" means the estimated amount for any Fiscal Year of
all expenditures and reasonable reserves that are properly attributable to the Stormwater
Management Services provided within the Benefit Area under generally accepted
accounting principles, including, without limiting the generality of the foregoing,
reimbursement to the County for any moneys advanced for the Stormwater Management
Service, and interest on any interfund or intrafund loan for such purpose.
"Stormwater Utility" means the enterprise fund established by the Ordinance to
operate, maintain and improve the County's Stormwater Management System.
"Stormwater Utility Fee" means a utility fee authorized by state law and the
Ordinance which is established to pay operations and maintenance, improvements,
extension and replacement and debt service.
"Tax Parcel" means a parcel of property which the Property Appraiser has
assigned a distinct ad valorem property tax identification number.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
"hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this
resolution; and the term "hereafter" means after, and the term "heretofore" means before,
the effective date of this resolution. Words of any gender include the correlative words of
the other genders, unless the sense indicates otherwise.
SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined
and declared that:
(A) Pursuant to Article VIII, section 1(f), Florida Constitution, and Chapter 125,
Florida Statutes, the County has all powers of self-government to the extent not
inconsistent with general or special law and such power may be exercised by the
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enactment of legislation in the form of ordinances.
(B) Section 403.0893, Florida Statutes, specifically authorizes and encourages
the County to provide Stormwater Management Services and create Stormwater
programs and adopt Stormwater charges sufficient to plan, construct, operate and
maintain the Stormwater Management System.
(C) The Florida Legislature has mandated that local governments in the State
of Florida, including the County, have the responsibility for developing mutually
compatible stormwater management programs consistent with the rules and regulations
of the Florida Department of Environmental Protection and the water management
districts and the stormwater management programs established and maintained by other
local governments.
(D) In 1991, the County adopted Ordinance No. 91-27, which constituted the
Collier County Stormwater Utility Ordinance. The Ordinance authorized the imposition of
assessments and utility fees to fund the County's Stormwater Utility.
(E) The County is responsible for the management and maintenance of the
County's Stormwater Management System which has been developed for the purpose of
collection, storage, treatment, and conveyance of Stormwater. The County has adopted
its goals, objectives and policies found in the Stormwater Management Sub-Element of
the Collier County Comprehensive Plan, which sets forth goals that make it necessary
and essential to construct improvements and extensions to the existing Stormwater
Management System so the collection, storage, treatment, and conveyance of
Stormwater within the County adequately protects the health, safety, and welfare of the
citizens. The Sub-Element of the Comprehensive Plan encourages the use of innovative
funding mechanisms, including, but not limited to, special taxing or assessment districts.
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(F) Through the National Pollutant Discharge Elimination System Stormwater
permitting program, the U. S. Environmental Protection Agency, as implemented by the
Florida Department of Environmental Protection, has mandated the County to implement
and fund a comprehensive Stormwater management program to reduce the
contamination to surface waters of stormwater runoff and prohibit illicit discharges.
(G) The Stormwater Utility Fees authorized herein are consistent with the
authority granted in section 403.0893, Florida Statutes. That statutory provision is
additional and supplemental authority to the constitutional and statutory power of
self-government granted to the County.
(H) The public health, safety, and welfare are adversely affected by poor water
quality and flooding resulting from inadequate Stormwater management practices. All
Benefited Property either uses the Stormwater management system or benefits from the
provision and operation of the Stormwater Management System provided by the County.
(I) The cost of operating and maintaining the Stormwater Management System
and providing Stormwater Management Services in accordance with existing permits and
the financing of existing and future repairs, replacements, improvements, and extensions
thereof should, to the extent practicable, be allocated in relationship to the benefits
enjoyed, services received, or burden caused therefrom.
(J) Property owners within the County are eligible for flood insurance through
the National Flood Insurance Program (NFIP), which enables these property owners to
acquire federally backed flood insurance protection. To ensure that this coverage is
available, the County is required to meet the minimum FEMA requirements for
participation in the NFIP and failure to meet these requirements could result in flood
insurance being either unavailable or prohibitively expensive to property owners within
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the County.
(K) The Stormwater Utility Fees to be imposed in accordance with this
Resolution provide an equitable method of funding the Stormwater Management Services
by fairly and reasonably allocating the cost to Benefited Property.
(L) Upon the adoption of this Resolution, that certain report entitled "Collier
County Stormwater Utility Study Program Phase II — Stormwater Utility Rate," dated as of
March 12, 2018 (the "Stormwater Utility Rate Study"), is hereby adopted and incorporated
herein by reference, including the assumptions, conclusions, and findings in such study
as to the determination of the Stormwater Utility Fees.
(M) The special benefits provided by the Stormwater Management Services to
all Benefited Property include, but are not limited to: (1) the provision of Stormwater
Management Services and the availability and use of facilities and improvements by the
owners and occupants of Benefited Property to properly and safely detain, retain, convey
and treat Stormwater discharged from such properties; (2) stabilization of or the increase
of property values; (3) increased safety and better access to property; (4) compliance with
Federal and State mandated permit requirements; (5) rendering property more adaptable
to a current or reasonably foreseeable new and higher use; (6) alleviation of the burdens
caused by Stormwater runoff and accumulation attendant with the use of Benefited
Property; and (7) fostering the enhancement of environmentally responsible use and
enjoyment of the natural resources within the Stormwater Service Area.
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(N) The Stormwater Utility Fees authorized by this Resolution provide an
equitable method of funding the Stormwater Service Cost attributed to Benefited Property
by fairly and reasonably allocating the cost of Stormwater Management Services to such
properties classified on the basis of the Stormwater burden expected to be generated by
the physical characteristics and use of such property.
(0) If rainfall were applied at a constant rate to an Impervious Area, the
Stormwater runoff from such Impervious Area would eventually reach a rate equal to the
rate of the rainfall. It is thus fair and reasonable to include 100% of the Impervious Area
in determining such property's Stormwater contribution to the Stormwater Management
Services.
(P) In accordance with section 163.3162(3)(c), Florida Statutes, the County is
prohibited from charging a Stormwater Utility Fee on certain Agricultural Property, if such
Farm Operation has a National Pollution Discharge Elimination System Permit, an
environmental resource permit, a works-of-the-district permit, or if it has implemented best
management practices adopted as rules by the Florida Department of Environmental
Protection, the Department of Agricultural and Consumer Services, or an appropriate
water management district. Accordingly, any Owner of Agricultural Property
demonstrating that they meet the outlined requirements shall be granted a Mitigation
Credit from the Stormwater Utility Fee.
(Q) Any shortfall in the expected proceeds from the Stormwater Utility Fees due
to any reduction or exemption from payment thereof required by law or authorized by the
Board shall be supplemented by any legally available funds, or combination of such funds,
and shall not be paid for by proceeds or funds derived from the Stormwater Utility Fee.
In the event a court of competent jurisdiction determines any exemption or reduction by
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the Board is improper or otherwise adversely affects the validity of the Stormwater Utility
Fee, the sole and exclusive remedy shall be the imposition of a Stormwater Utility Fee,
as applicable, upon each affected Tax Parcel in the amount that would have been
otherwise imposed save for such reduction or exemption afforded to such Tax Parcel.
ARTICLE II
STORMWATER UTILITY FEE
SECTION 2.01. AREA OF APPLICATION.
(A) A Stormwater Utility Fee shall be imposed throughout the Benefit Area,
which consists of the entire unincorporated area of Collier County as described in
Appendix A.
(B) The Stormwater Utility Fee shall provide Stormwater Management Services
to all Benefited Property within the Benefit Area. All or any portion of the cost of
Stormwater Management Services may be funded from the proceeds of the Stormwater
Utility Fees.
(C) The Stormwater Utility may also acquire and construct capital facilities to
assist and facilitate the provision of Stormwater Management Services within the Benefit
Area.
SECTION 2.02. IMPOSITION AND COMPUTATION.
(A) The estimated cost of Stormwater Management Services for the Fiscal Year
beginning on October 1, 2018 is $21,500,000.
(B) A Stormwater Utility Fee shall be imposed against all Benefited Property
within the Benefit Area. The estimated cost of Stormwater Management Services
attributable to Benefited Property shall be charged against all such Tax Parcels at a rate
based upon the properties' demands for service from the Stormwater Utility and the
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Stormwater burden created by such properties, measured by the number of Net ERUs
attributable to each parcel of Benefited Property.
(C) For the Fiscal Year beginning October 1, 2018, the Stormwater Utility Fee,
as applicable, will be computed for each Tax Parcel located within the Benefit Area by
multiplying the number of ERUs attributable thereto by the rate of$120 per ERU, less any
Mitigation Credit for which the Benefited Property may be entitled to arrive at the Net
ERU. However, the $120 rate shall be reduced, if necessary, to ensure that the
Stormwater Utility Fees within the Benefit Area do not exceed the cost of the Stormwater
Management Services.
SECTION 2.03. STORMWATER ROLLS.
(A) The Stormwater Roll consisting of the Stormwater Utility Fees attributed to
the Benefited Properties shall be prepared as provided herein.
(B) A copy of this Resolution and the preliminary Stormwater Rolls shall be
maintained on file in the office of the Stormwater Management Section and open to public
inspection. The foregoing shall not be construed to require that the Stormwater Rolls be
in printed form if the amount of the Stormwater Utility Fee for each Tax Parcel can be
determined by use of an available computer terminal.
SECTION 2.04. METHOD OF COLLECTION.
(A) The Stormwater Utility Fee shall be collected from all Benefited Property
pursuant to the Uniform Assessment Collection Act as provided in Section 197.3632,
Florida Statutes. For purposes of this Resolution, Stormwater Utility Fees against
Government Leaseholds that are included on the Tax Bill will be collected pursuant to the
Uniform Assessment Collection Act as provided in Section 197.3632, Florida Statutes.
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(B) As a result of the status of the law relating to the ability of Stormwater Utility
Fees to be collected from Exempt Government Property where there is no written
agreement, the cost of Stormwater Management Services provided to Exempt
Government Property shall be funded through agreements for services with such entities
or by such alternative means, including but not limited to, interfund transfers from other
legally available revenues of Collier County. Property which is owned by another
governmental entity that is not included within the definition of Exempt Government
Property under this Ordinance and which does not receive a tax bill, shall be responsible
for the Stormwater Utility Fee for that entities property which shall be collected through a
direct bill mailed to that entity, a utility bill or such other means available to the County.
ARTICLE III
DETERMINATION OF NET ERUs
SECTION 3.01. CLASSIFICATION OF TAX PARCELS. Each Tax Parcel
located within the Benefit Area shall be assigned to one of the following classifications:
(A) Category I — Single Family Residential Parcel.
(1) Tier 1 — Single Family Residential Parcel consisting of 400 to 2,900
square feet of Impervious Area.
(2) Tier 2 —Single Family Residential Parcel consisting of 2,901 to 5,400
square feet of Impervious Area.
(3) Tier 3 —Single Family Residential Parcel consisting of 5,401 to 9,300
square feet of Impervious Area.
(B) Category II — General Parcels (Property consisting of Non-Single Family
Residential, Multi-Family Residential, Commercial, Condominium Non-Residential Unit
Parcel, Governmental, Institutional and Non-Profit).
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(C) Category III — Exempt Property — Public roads and rights-of-way, private
roads, vacant parcels, railroad tracks and parcels with less than 400 square feet of
Impervious Area.
SECTION 3.02. SINGLE FAMILY RESIDENTIAL PARCELS.
(A) The Board hereby finds and determines as follows:
(1) There are approximately 82,674 Single Family Residential Parcels
located within the Benefit Area.
(2) The information on the Property Appraiser's data base is the most
comprehensive and recent data available for Single Family Residential Parcels
within the Benefit Area. The cost of measuring or verifying the Impervious Area
for each individual Single Family Residential Parcel greatly exceeds any benefit to
be derived from individual measurement and verification.
(3) Through a statistical analysis of all Single Family Residential Parcels
within the Benefit Area, it has been determined that parcels with like characteristics
of development, such as Single Family Residential Parcels, lend themselves to
tiered fees. While other General Parcels tend to be best charged according to
actual measured Impervious Areas.
(4) The median Single Family Residential Parcel within the Benefit Area
contains 3,900 square feet of Impervious Area.
(B) The County has estimated 400 to 2,900 square feet of Impervious Area for
a typical Small Single Family Residential Parcel within the Benefit Area. Accordingly, the
number of Net ERUs attributable to each Tier 1 - Small Single Family Residential Parcel
shall be computed by multiplying 0.6 ERUs by the appropriate Mitigation Credit Factor.
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(C) The County has estimated 2,901 to 5,400 square feet of Impervious Area
for a typical Medium Single Family Residential Parcel within the Benefit Area.
Accordingly, the number of Net ERUs attributable to each Tier 2 - Medium Single Family
Residential Parcel shall be computed by multiplying one (1) ERU by the appropriate
Mitigation Credit Factor.
(D) The County has estimated 5,401 to 9,300 square feet of Impervious Area
for a typical Large Single Family Residential Parcel within the Benefit Area. Accordingly,
the number of Net ERUs attributable to each Tier 3 - Large Single Family Residential
Parcel shall be computed by multiplying 1.4 ERUs by the appropriate Mitigation Credit
Factor.
(E) The County has estimated that Single Family Residential Parcels consisting
of greater than 9,301 square feet constitute Very Large Single Family Residential Parcels.
The number of Net ERUs attributable to each Very Large Single Family Residential Parcel
shall be computed as a General Parcel.
SECTION 3.03. RESIDENTIAL CONDOMINIUM PARCELS.
(A) The Board hereby finds and determines as follows:
(1) A residential condominium constitutes a unique form of real property
ownership comprised of Condominium Residential Unit Parcels, to which there
may be an appurtenant undivided share in Condominium Common Area Parcels.
(2) It is fair and reasonable and in accordance with section 718.120,
Florida Statutes, to attribute the Impervious Area of Condominium Common Area
Parcels to the Condominium Residential Unit Parcels to which such Condominium
Common Area Parcels are appurtenant.
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(B) The number of Net ERUs attributable to each Condominium Residential
Unit Parcel in a Condominium Complex shall be the amount computed by multiplying:
(1) the amount calculated by (a) dividing the Impervious Area of the
Condominium Complex in which the Condominium Residential Unit Parcel is
located, including any Condominium Common Area Parcels, by the ERU Value,
and (b) dividing the result by the total number of Condominium Residential Unit
Parcels located within such Condominium Complex, and by
(2) applying the appropriate Mitigation Credit Factor.
SECTION 3.04. NON-RESIDENTIAL CONDOMINIUM PARCELS.
(A) The Board hereby finds and determines as follows:
(1) A non-residential condominium constitutes a unique form of real
property ownership comprised of Condominium Non-Residential Unit Parcels, to
which there may be an appurtenant undivided share in Condominium Common
Area Parcels.
(2) It is fair and reasonable and in accordance with Section 718.120,
Florida Statutes, to attribute the Impervious Area of Condominium Common Area
Parcels to the Condominium Non-Residential Unit Parcels to which such
Condominium Common Area Parcels are appurtenant.
(B) The number of Net ERUs attributable to each Condominium Non-
Residential Unit Parcel in a Condominium Complex shall be the amount calculated by
(1) dividing the Effective Impervious Area of the Condominium Complex
in which the Condominium Non-Residential Unit Parcel is located, including any
Condominium Common Area Parcels, by the ERU Value, and then
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(2) multiplying the total number of ERUs assigned to the Condominium
Complex by the percentage of Building square footage allocated to all
Condominium Non-Residential Unit Parcels to arrive at the total ERUs for all
Condominium Non-Residential Unit Parcels, and then
(3) dividing the total ERUs for all Condominium Non-Residential Unit
Parcels by the amount determined by (a) dividing the square footage of each
Condominium Non-Residential Unit Parcel by (b) the total non-residential square
footage in the Condominium Complex, and then
(4) multiplying that figure by the appropriate Mitigation Credit Factor.
SECTION 3.05. GENERAL PARCELS. The number of Net ERUs attributable
to each General Parcel shall be determined by (1) dividing the Impervious Area of the
General Parcel by the ERU Value, and (2) multiplying the result by the appropriate
Mitigation Credit Factor.
SECTION 3.06. APPROVAL OF MITIGATION POLICY.
(A) The Board hereby finds that the Mitigation Credit Policy is fair and
reasonable and, therefore, approves the Mitigation Credit Policy attached hereto as
Appendix B.
(B) The Board recognizes the benefits provided by privately maintained and
permitted Qualified Mitigation Facilities. Properties supporting private Qualified Mitigation
Facilities should be credited for the public benefits they provide. Accordingly, the number
of ERUs otherwise attributable to such property shall be adjusted by a Mitigation Credit
determined in accordance with the Mitigation Credit Policy.
(C) Property which currently provides for the management of Stormwater
through a Qualified Mitigation Facility which is permitted and maintained by a Homeowner
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Association for the benefit of those properties will initially be provided a Mitigation Credit
in the amount of 25% of its ERUs without the necessity of filing an application. That
Mitigation Credit will be subject to review in future years following inspection and
evaluation of the Qualified Mitigation Facility by the County and a determination that it is
fully in compliance with the requirements of its permit. In the event, that a determination
is made that the Qualified Mitigation Facility is not in compliance with its permit, then the
Homeowner Association will be provided notice of the deficiencies. The properties that
are served by such Qualified Mitigation Facility will be allowed to continue to receive a
Mitigation Credit of 25% through September 30, 2022, without the necessity of filing an
application. For the Fiscal Year beginning October 1, 2022, each Homeowner Association
which seeks a Mitigation Credit shall file an application with the Stormwater Management
Section in accordance with the schedule set forth below. No Mitigation Credit shall be
granted for any Qualified Mitigation Facility until it is in compliance with its permit and all
deficiencies have been corrected.
(D) All other properties that seek a Mitigation Credit shall, prior to June 30, 2018
and thereafter, prior to the June 1 of each subsequent Fiscal Year for which reapplication
is required, file a Mitigation Credit application with the County's Stormwater Management
Section on a form approved by the Stormwater Management Section. The property
owner may be required to provide the Stormwater Management Section with "as built"
drawings of the Mitigation Facilities sealed by a Florida registered professional engineer,
a certification from a Florida registered professional engineer as to the standards of
retention and detention achieved by the facility, evidence of compliance with any
exemptions mandated under state law, or such other reasonable requirements as may
be necessary to effectuate the purposes of this Section.
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(E) The Stormwater Management Section, with the assistance of other
members of the administrative staff of the County, shall, within thirty (30) days after the
filing of such application, review the application and such other supporting data that may
be filed therewith and make such further investigation as may be reasonably required in
order to determine if the applicant is qualified for a Mitigation Credit pursuant to this
Section.
(F) The Stormwater Management Section shall furnish his or her written
decision to such applicant by United States mail, postage prepaid, addressed to the
applicant at the address stated on the application.
(G) No Mitigation Credit shall be applied for service provided to property by a
Qualified Mitigation Facility constructed or maintained with County funds. However, a
Mitigation Credit shall be applied for services provided to property by a regional Qualifying
Mitigation Facility if the developer of the property provided a capital contribution to the
regional facility in lieu of constructing on-site facilities.
(H) Upon approval, Mitigation Credits shall be valid and applicable in
subsequent Fiscal Years. However, Mitigation Credits previously granted to a property
may be revoked at any time by the County upon notice to the property owners. Upon
notification by the County, property owners must reapply in accordance with paragraph
(D) of this Section.
ARTICLE IV
NOTICE AND PUBLIC HEARING
SECTION 4.01. PUBLIC HEARING. A public hearing will be conducted by the
Commission on September 06, 2018, in the Board of County Commissioners Chambers,
Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida
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34112, at 5:01 p.m., or as soon thereafter as the item can be heard, to consider imposition
of the Stormwater Utility Fees and their collection pursuant to the Uniform Assessment
Collection Act.
SECTION 4.02. NOTICE BY PUBLICATION. The Stormwater Management
Section shall publish a notice of the public hearing authorized by Section 4.01 hereof in
the manner set forth in section 197.3632, Florida Statutes. The published notice shall be
published no later than August 17, 2018 in substantially the form attached hereto as
Appendix C.
SECTION 4.03. NOTICE BY MAIL. The Stormwater Management Section
shall, at the time and in the manner specified by section 197.3632, Florida Statutes,
provide first class mailed notice of the public hearing to each property owner proposed to
be subject to the Stormwater Utility Fee at the address indicated on the Tax Roll. The
mailed notice shall be mailed no later than August 17, 2018 in substantially the form
attached hereto as Appendix D. As an alternative to the above notice, the mailed notice
may be provided and included as part of the Truth in Millage (TRIM) Notice issued by the
Property Appraiser.
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ARTICLE V
GENERAL PROVISIONS
SECTION 5.01. ADJUSTMENT OF NET ERUs.
(A) Petitions for review of the number of Net ERUs attributed to any Tax Parcel
shall be submitted to the Stormwater Management Section which shall have authority to
correct any errors made in applying the provisions hereof to the Tax Parcel. The following
procedures shall apply to all petitions.
(1) Each petition shall be made to the Stormwater Management Section
by the owner of the Tax Parcel or such owner's authorized agent.
(2) The petition shall be in writing and set forth, in detail, the grounds
upon which adjustment is sought.
(3) The petition must be filed with the Stormwater Management Section
within 30 days of the notice required by Section 4.03 of this Resolution and shall
be reviewed within 20 days of the filing date. Filing of a petition shall not extend
the time for payment of any Stormwater Utility Fee, or effect the amount of any
discount for early payment. If the number of Net ERUs is adjusted for any Tax
Parcel, the Stormwater Utility Fee shall be corrected in accordance with Section
2.04 of the Ordinance. If the Stormwater Utility Fee has been paid prior to
adjustment of the number of Net ERUs, either the Tax Collector shall refund the
amount by which the Stormwater Utility Fee has been reduced, as adjusted for any
early payment discount taken by the owner, or the County shall refund the amount
by which the Stormwater Utility Fee has been reduced, as adjusted for any early
payment discount authorized by the County.
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(4) The petitioner may be required, at petitioner's own cost, to provide
supplemental information to the Stormwater Management Utility Director including,
but not limited to, survey data approved by a professional land surveyor and/or
engineering reports approved by a professional engineer. Failure to provide such
information may result in the denial of the petition.
(5) The Stormwater Management Section shall respond to each petition
in writing.
(B) The Stormwater Management Section may initiate adjustments to the
number of Net ERUs attributed to any Tax Parcel. If the number of Net ERUs is reduced
for any Tax Parcel, the Stormwater Utility Fee shall be corrected. In such event, if the
Stormwater Utility Fee has been paid prior to adjustment of the number of Net ERUs, the
Tax Collector shall refund the amount by which the Stormwater Utility Fee has been
reduced, as adjusted for any early payment discount taken by the owner or the County
shall refund the amount by which the Stormwater Utility Fee has been reduced, as
adjusted for any early payment discount, as applicable. If the number of Net ERUs is
increased for any Tax Parcel, the adjustment shall become effective for Stormwater Utility
Fees in the subsequent Fiscal Year.
SECTION 5.02. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
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PASSED AND DULY ADOPTED on this icA-IN day of ��crA..\ , 2018.
BOARD OF CO TY COMMISSIONERS
OF COLLIE' OU , FLOP P
By: ` I
SOLIS, Chairman
ATTEST:
DWIGHT E. BRQCK'
a
By -.
Attest as to Chairman's
signature only'
APPROVED ' ' ofig R AND LEGALITY:
By: ,
JEFFREY A. ATA OW, COUNTY ATTORNEY
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APPENDIX A
LEGAL DESCRIPTION OF BENEFIT AREA
APPENDIX A
Legal Description of Benefit Area
Collier County.—The boundary lines of Collier County are as follows: Beginning where
the north line to township forty-eight south extended westerly intersects the western
boundary of the State of Florida in the waters of the Gulf of Mexico; thence easterly on
said township line to the northwest corner of section four of township forty-eight south of
range twenty-five east; thence south to the northwest corner of section nine of said
township and range; thence east to the eastern boundary line of range twenty-six east;
thence north on said range line to the northwest corner of township forty-seven south of
range twenty-seven east; thence east on the north line of township forty-seven south to
the east line of range twenty-seven east; thence north on said range line to the north line
of township forty-six south; thence east on the north line of township forty-six south to the
east line of range thirty east; thence south on said range line to the north line of township
forty-nine south; thence east on the north line of said township forty-nine south to the east
line of range thirty-four east and the west boundary of Broward County; thence south on
said range line, concurrent with the west boundary of Broward and Miami-Dade Counties,
to the point of intersection with the south line of township fifty-three south; thence west
on the south line of said township fifty-three south to where that line extended intersects
the western boundary of the State of Florida in the waters of the Gulf of Mexico; thence
northwesterly and along the waters of said Gulf of Mexico, including the waters of said
gulf within the jurisdiction of the State of Florida, to the point of beginning. LESS the
municipal boundaries of all incorporated cities within Collier County, including but not
limited to the City of Naples, the City of Marco Island and Everglades City.
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APPENDIX B
MITIGATION CREDIT POLICY
APPENDIX B
MITIGATION CREDIT POLICY
CREDIT AND ADJUSTMENT POLICY
Stormwater Mitigation Credit Policy
The County recognizes that some developed properties subject to the stormwater
assessment have constructed and currently operate Qualified Mitigation Facilities that can reduce
Stormwater runoff impacts from the subject property and thus reduce the burden on the County
to maintain, operate and provide capital improvements to the Stormwater Management System.
The policy addresses Mitigation Credits as they apply to parcels that have participated in the private
development and maintenance of man-made Mitigation Facilities, thus reducing the amount of
runoff to be collected, conveyed or treated by the County's stormwater management
program.
Mitigation Credit Application
Parcels subject to a stormwater charge may be granted a Mitigation Credit based on one of the
following factors:
1. All parcels served by a qualifying Stormwater Management System.
2. Any parcel that discharges directly outside the County's stormwater system.
3. Agricultural parcels the quality under section 163.3162(3)(a), Florida Statutes.
Rationale
Mitigation Credits may be granted to parcels whose offsite Stormwater impacts on the County
system are non-existent, are mitigated by a properly functioning and permitted Stormwater
System, or the parcel owner contributes to the maintenance of a private system which provides
stormwater treatment and attenuation for runoff to public right-of-way. The basis for these credits
is as follows:
1. Parcels which do not discharge stormwater impose no direct stormwater
maintenance burdens on the County's system. This provides a savings to the County
on the cost of maintaining the County owned and operated stormwater facilities.
2. Parcel owners which contribute to the maintenance of privately held stormwater
management facilities that treat runoff to reduce the pollutant load to receiving waters
reduce the financial burden on the operation and maintenance of the County's
Stormwater Management System and are eligible for a partial Mitigation Credit.
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3. The County and the receiving waters receive benefits from privately-owned and properly
maintained stormwater management facilities.
4. It is in the County's interest to encourage the proper operation and maintenance and
continued existence of onsite stormwater management facilities.
Mitigation Credits
A property with functioning and permitted Qualified Mitigation Facilities may receive a
stormwater management system user fee credit upon the following conditions:
STORMWATER MITIGATION CREDITS
Credit Type Eligibility Credit Amount
Stormwater Control All parcels served by a qualifying permitted Up to 25%
private stormwater management system
Direct Discharge Any parcel that discharges directly outside the Up to 50%
County's Stormwater Management System
Agricultural Agricultural parcels that meet Florida Statutes 100%
Section 163.3162(3)(2)
The above Mitigation Credits are not cumulative. Requests for Mitigation Credits with
supporting documentation must be submitted to Collier County to obtain the credit.
Right of Entry
In order to be eligible for a Mitigation Credit, the owner of the parcel must agree to allow the
County to inspect the stormwater drainage facilities to ensure that they are maintained and
functioning properly.
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APPENDIX C
FORM OF NOTICE TO BE PUBLISHED
To Be Published by
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF STORMWATER UTILITY FEES
FOR STORMWATER MANAGEMENT SERVICES
The Board of County Commissioners of Collier County will conduct a public
hearing to consider the imposition of Stormwater Utility Fees in the unincorporated area
of the County. The hearing will be held at 5:01 p.m. or as soon thereafter as the item can
be heard, on September 06, 2018 in the Board of County Commissioners Chambers,
Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida
34112. In accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to participate in this proceeding should contact the
Collier County Facilities Management Department at (230) 252-8380 at least 48 hours
prior to the date of the hearing. If hearing impaired, telephone the Florida Relay Service
Numbers, 711 , for assistance. All affected property owners have a right to appear at the
hearing and to file written objections with the County within 20 days of this notice. Any
person wishing to appeal any decision of the County Commission with respect to any
matter considered will need a record of the proceedings and may wish to ensure that a
verbatim record of the proceedings is made.
The Stormwater Utility Fees will fund the County's cost to provide Stormwater
Management Services within the unincorporated area. The Stormwater Utility Fees are
based upon the estimated amount of stormwater runoff generated by impervious surfaces
on the property. Impervious surfaces include the roof top, patios, driveways, parking lots,
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and similar areas. The County has determined that the median single-family residence
in the unincorporated area includes 3,900 square feet of Impervious Area, which is
defined as the "equivalent residential unit value" or "ERU Value." The annual Stormwater
Utility Fee rate for the upcoming Fiscal Year will be $120 for each Net ERU. The
maximum Stormwater Utility Fee rate that can, but is not required to, be imposed in future
Fiscal Years without additional notice to Tax Parcel Owners is $120 per Net ERU.
The number of ERUs was calculated for single family residential parcels based on
the estimated amount of Impervious Area attributable to such parcels as computed using
the building footprint attributable to the residence. Generally, for all other parcels the
number of ERUs were calculated individually for each parcel of property by dividing the
effective Impervious Area of such parcel by the ERU Value of 3,900 square feet. If a
property owner applies and qualifies, credits for privately maintained Stormwater
management facilities and other factors affecting the quantity or quality of Stormwater
runoff will be applied, resulting in an assignment of Net ERUs. A more specific description
is set forth in the Resolution adopted by the Board of County Commissioners on April 10,
2018. Copies of the Resolution and the preliminary Stormwater Utility Fee roll are
available for inspection at the Collier County Stormwater Management Section office
located at 2685 South Horseshoe Drive, Suite 103, Naples, Florida 34104.
The Stormwater Utility Fee will be collected by the Tax Collector of Collier County,
pursuant to Chapter 197, Florida Statutes, on the tax bill to be mailed in November 2018.
Failure to pay the Stormwater Utility Fee will cause a tax certificate to be issued against
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the assessed property, which may result in a loss of title to your property. The Stormwater
Utility Fees will be collected through the County's existing utility billing system.
If you have any questions, please contact the Collier County Stormwater
Management Section at (239) 252-2925
COLLIER COUNTY, FLORIDA
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APPENDIX D
FORM OF NOTICE TO BE MAILED
COLLIER COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING FOR ADOPTION
OF STORMWATER SERVICE ASSESSMENTS
AND STORMWATER SERVICE FEES
Owner Name Parcel ID#:
Address Legal Description:
Address Sequence Number:
*****NOTICE TO PROPERTY OWNER*****
Dear Property Owner:
The past decades have brought increased awareness of the detrimental environmental
impacts associated with stormwater runoff from properties, including degradation of
surface waters, land erosion, flooding and collection of standing water on streets and
property. In response to public demand and increased federal regulations imposed by the
U. S. Environmental Protection Agency's National Pollution Discharge Elimination System
stormwater permitting program as implemented by the Florida Department of
Environmental Protection, Collier County has been mandated to improve stormwater
management services, which require a dedicated funding source for these services by
creating a Stormwater fee program to generate revenues. If implemented by the County,
Stormwater Utility Fees shall be imposed against Benefited Property throughout the
unincorporated area.
Stormwater fees are based upon the estimated amount of stormwater runoff generated
by impervious surfaces on your property. Impervious surfaces include the rooftop, patios,
driveways, parking lots and similar areas. Impervious surfaces contribute to the County's
burden of managing stormwater runoff.
The County has determined that the median single-family residence in the unincorporated
area includes 3,900 square feet of effective Impervious Area, which is the value of one
"equivalent residential unit" or "ERU Value." Single-family residential properties are
categorized into one of three ERU tiers based on the estimated amount of Impervious
Area associated with each parcel as computed by using the building footprint of the
residence. Condominium units are charged generally by calculating the total number of
ERUs applicable to the condominium complex as a whole, then dividing that total number
of ERUs by the total number of condominium residential units on the property. For other
General Parcels, such as commercial parcels, the number of ERUs has been calculated
individually for each parcel of property by dividing the effective impervious surface area
by 3,900 square feet. If you apply and qualify, credit for privately maintained stormwater
management facilities and other factors affecting the quantity or quality of stormwater
runoff will be applied, as applicable, resulting in the assignment of Net ERUs. Additionally,
if you apply and qualify, certain Agricultural Property is granted a credit from payment of
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Stormwater Utility Fees pursuant to state law. A more specific description is set forth in
the Resolution adopted by the Board of County Commission on April 10, 2018. Copies
of the Resolution and the preliminary Stormwater Roll are available for inspection at the
Collier County Stormwater Management Section office located at 2685 South Horseshoe
Drive, Suite 103, Naples, Florida 34104. Additional information about the Stormwater
Utility Fee, including the application for credits, is available at
http://www.collierstormwater.com.
The annual Stormwater Utility Fee rate for Fiscal Year 2018-2019 will be $120 for each
Net ERU. The maximum Stormwater Utility Fee rate that can, but is not required to, be
imposed in future Fiscal Years without additional notice to Tax Parcel Owners is $120 per
Net ERU. It is estimated that the County will collect $21,500,000 from the Stormwater
Utility Fees for Fiscal Year 2018-2019.
The above referenced parcel has been assigned the following Net ERUs and assessment
amounts:
Number of ERUs
Annual Stormwater Utility Fee for FY 18-19
Maximum Annual Stormwater Utility Fee for
Future Fiscal Years
The Board of County Commissioners of Collier County will hold a public hearing at 9 a.m.
p.m., or as soon thereafter as the item can be heard, on September 11, 2018, in the Board
of County Commissioners Chambers, Third Floor, Collier County Government Center,
3299 Tamiami Trail E, Naples, Florida 34112. Comments will be received on the
proposed Stormwater Utility Fees, including their collection on the ad valorem tax bill, and
Stormwater Utility Fees. You are invited to attend and participate in the hearing or file
written objections within 20 days of this notice. If you decide to appeal any decision made
by the Board of County Commissioners with respect to any matter considered at the
hearing, you will need a record of the proceedings and may need to ensure that a verbatim
record is made, including the testimony and evidence upon which the appeal is to be
made. In accordance with the Americans with Disabilities Act, if you need a special
accommodation or an interpreter to participate in this proceeding, please contact the
Collier County Facilities Management Department at (230) 252-8380 at least 48 hours
prior to the date of the hearing. If hearing impaired, telephone the Florida Relay Service
Numbers, 711 (Voice), for assistance.
Because the Stormwater Utility Fee will be collected by the Tax Collector of Collier
County, pursuant to Chapter 197, Florida Statutes, failure to pay the Stormwater Utility
Fee will cause a tax certificate to be issued against the assessed property, which may
result in a loss of title to your property.
If there is a mistake on this notice it will be corrected. If you have any questions regarding
the number of ERUs assigned to your property or the amount of the Stormwater Utility
Fee, please contact the Collier County Stormwater Management Section by telephone at
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(239) 252-2925.
If you believe you may qualify for a mitigation credit for a privately maintained stormwater
management facility or you believe your Agricultural Property is entitled to a full credit
from the Stormwater Utility Fee, please contact the Collier County Stormwater
Management Section by telephone at (239) 252-2925 or go to http://www.
Collierstormwater.com.
*****THIS IS NOT A BILL*****
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