§ 122-162. Stormwater utility fee credits.

(a)

The county recognizes that some developed properties subject to the stormwater utility fee have constructed and currently operate and maintain stormwater facilities that can reduce stormwater runoff impacts from the subject property and reduce the burden on the county to maintain, operate and provide capital improvements to the stormwater management system. Additionally, the county recognizes that some property owners may wish to mitigate the stormwater utility fee by constructing and maintaining a stormwater facility that will reduce the impact of the subject property. As an incentive for operating and maintaining a stormwater facility, fee credits may be granted to the utility customer when the management facility reduces the pollutant load on the water quality, reduces the flow of water quantity from the subject property, or both.

(b)

To qualify for the fee credit, a utility customer must operate a stormwater facility that has a valid St. Johns River Water Management District Permit and must provide certification by a Florida registered professional engineer that the facility is operating as designed and is regularly maintained.

(1)

If the stormwater facility has a valid chapter 40-42, F.A.C. St. Johns River Water Management Permit for water quality, then the facility is eligible for a 34 percent fee credit.

(2)

If the stormwater facility has a valid chapter 40C-40 or 40C-4, F.A.C. St. Johns River Water Management Permit for water quality and quantity, then the facility is eligible for a 68 percent fee credit.

(c)

A facility may be eligible for up to a 68 percent credit from stormwater utility fees even if it does not have a valid St. Johns River Water Management District Permit. If the utility customer demonstrates that the stormwater facility does not discharge stormwater to the stormwater management system during the 100-year, 24-hour design storm event as defined by the St. John's River Water Management District or the facility has a level of treatment for stormwater which meets or exceeds the applicable criteria, for a St. Johns River Water Management Permit, referenced in subsection (b). If the utility customer provides proof that both pollutant discharge affecting water quality and stormwater flow affecting water quantity are reduced to standards set forth by the St. Johns Water Management District, than the customer is eligible to receive a 68 percent credit. If the applicant only establishes that the pollutant discharge affecting water quality is reduced, than the customer is eligible to receive a 34 percent credit. The customer must provide a certification with applicable plans and calculations signed and sealed by a Florida registered professional engineer that one or both of the above criteria are met.

(d)

The stormwater utility customer requesting the credit must demonstrate to the county on or before every fifth year anniversary after the granting of the credit that the stormwater facilities are operating properly and being maintained according to standard practices. The demonstration shall include, at a minimum, current photographs of the subject stormwater facilities taken during the year prior and a signed affidavit that the facilities have been operated properly and maintained according to standard practices. The Stormwater facility must be certified by a Florida registered professional engineer that the facility is operating as designed and is regularly maintained.

(e)

After a particular property receives a stormwater drainage utility fee credit, annually thereafter the county may inspect the stormwater drainage facilities serving the site in order to determine whether those facilities are maintained and functioning properly. If the county inspection determines that they are maintained and functioning properly, the stormwater drainage utility fee credit shall be continued. However, if the county inspection determines that the system is improperly maintained and not functioning properly, the county shall notify the property owner or owners to correct the deficiency within 60 days. If the deficiency is corrected to the satisfaction of the county within the 60-day period, the stormwater drainage utility fee credit shall continue in effect until the next annual inspection. However, if the deficiency is not corrected to the satisfaction of the county within 60 days, the county may cancel the stormwater drainage utility fee credit until the necessary corrections are made.

(f)

Agricultural parcels of land, as classified by the property appraiser under F.S. § 193.461, shall be eligible for a 68 percent fee credit if five percent or less of the parcel is developed with impervious area.

(Ord. No. 2005-07, § II, 6-2-05; Ord. No. 2006-19, § I, 8-17-06)