§ 26-10. Credits.

(a)

Availability of credits. The city may allow credits for customer's onsite and offsite stormwater facilities that reduce stormwater runoff and reduce stormwater runoff pollution to an extent greater than that required by the law or regulation in effect at the time the request for a credit is received. The city may, by resolution, establish procedures, in addition to the minimum procedures set forth herein, to review requests for assessment credits.

(b)

Basis for credits. In determining whether to credit a customer's assessment, the city shall consider the customer's onsite and offsite stormwater collection facilities to reduce runoff volume and runoff pollution, including discharge to a non-city drainage system or to a non-city properly designed, constructed, and maintained on-site retention and treatment facility. The city shall also base the credit decision on the approximate percentage of any significant variation in the volume, rate, or quality of stormwater emanating from the property as compared that allowable pursuant to city stormwater collection utility regulations. Only facilities that exceed current city stormwater collection utility regulations will be considered for fee credits.

(c)

Procedure for approving credits.

(1)

Submission of petition. In order to obtain an evaluation of a requested credit, a customer must submit to the city engineering division a petition for assessment credit, and pay an application fee of thirty-five dollars ($35.00). The customer shall include in the petition his or her contact name and address, the property address, the subdivision name, a property sketch, the total amount of impervious area, the total property's area (in square feet), the location and size of any onsite or offsite stormwater treatment facilities, a legal description of the property and a summary description of the asserted basis for the credit requested.

(2)

Grounds for relief. The petition must include, in detail, the grounds upon which the customer seeks a credit. Grounds for a requested credit to the fee may include, but are not limited to, presence of private onsite or offsite stormwater treatment facilities that exceed the requirements of applicable sections of the City Code as it relates to stormwater collection which are in effect at the time the petition is received.

(3)

Supplemental information for decision. The city engineering division may require the petitioning customer, at the customer's expense, to provide supplemental information to the city engineering division including, but not limited to, survey data approved by a Florida registered professional land surveyor, engineering calculations or reports signed and sealed by a Florida registered professional engineer, records and certifications evidencing that the private onsite systems or offsite systems, or both, have been maintained in accordance with best collection practices, and water sampling data and results for nutrient or pollutant loading. The city engineering division may deny a customer's petition based on the failure to provide such information.

(4)

Factors for decision. When evaluating a petition for credits, the city engineering division shall consider all relevant information and may consider:

a.

Any existing onsite or offsite stormwater treatment facilities which are required by the city or another applicable agency to support the extent of improvements on the property pursuant to the law in effect at the time the petition is received;

b.

Any onsite or offsite stormwater treatment facilities which do not exist at the time the petition is received but which would be required by the city or other applicable agency to support the extent of improvements on the property pursuant to the law in effect at the time the petition is received; and

c.

Any onsite or offsite stormwater treatment facilities which are proposed to provide stormwater volume retention/detention or water quality treatment that exceeds the city's or other applicable agency's requirements standards for stormwater collection pursuant to the law in effect at the time the petition is received and which are then permitted, constructed, inspected, and approved.

(5)

Timing and notice of decision. The city engineering division, on or before ninety (90) days after receipt by the city of a customer's completed petition, shall review and render a decision on the petition. The city engineering division shall provide written notice to the petitioner of the approval or denial of a petition.

(6)

Retroactivity of credit decision. Any credit resulting from a customer's petition shall be applied to the upcoming fiscal year. No such credit shall be made, or reimbursement made, for prior fiscal years.

(7)

Availability of continuing credit contingent upon maintenance and certifications. As a condition precedent to receiving continued credit in city fiscal years commencing after the fiscal year in which the credit was first applied, the customer shall submit evidence to establish grounds for relief, as provided for in this section, on an annual basis that the surface water collection systems supporting the credit have been inspected, are maintained in compliance with permit requirements, and that any deficiencies resulting from the inspection have been addressed in accordance with proper professional practices and standards. This evidence shall be submitted no later than March 1 of every year in advance of the October 1 commencement of the fiscal year for which the continuing credit is desired. The failure to submit evidence by March 1 will result in the loss of the credit. After not having the credit for a two-year period, a customer may re-apply for a credit. The determination of whether to award a credit will be evaluated against the regulatory minimum requirements in effect as of the credit re-application date, as opposed to against the regulatory minimum requirements in effect as of the original credit application date.

(8)

Appeal of denial. On or before the 30th calendar day after the city engineering division renders a written decision on the petition, a customer may appeal the determination to the stormwater assessment appeals committee.

(Ord. No. 2018-110, § 3, 11-28-18)