§ 26-2. Findings and purpose.

(a)

Findings. The city finds and determines that uncontrolled drainage and development of land has a significant adverse impact upon the health, safety, and welfare of the public. Further, the city finds as follows:

(1)

Stormwater runoff is capable of carrying pollutants into receiving water bodies, thereby degrading water quality;

(2)

Improperly channeling water runoff increases the velocity of stormwater runoff and increases erosion and sedimentation;

(3)

Construction requiring the alteration of natural topography and removal of vegetation tends to increase erosion;

(4)

Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge;

(5)

Improperly managed stormwater runoff may increase the incidence and intensity of flooding, which endangers property and human welfare;

(6)

Substantial economic losses to the city may result from adverse impacts of uncontrolled stormwater runoff;

(7)

The existing stormwater collection system in the city requires regular maintenance and improvement;

(8)

Due to the age of Coral Springs' existing stormwater collection system, and its necessary rehabilitation, maintenance, replacement and improvement, and due to the implementation of new stormwater collection system enhancements that are required to meet other governmental mandates, a funding mechanism for the city's stormwater collection program is required;

(9)

Reserved.

(10)

Reserved.

(11)

All developed property in Coral Springs either uses or benefits from the city's stormwater collection program;

(12)

The extent of use of the stormwater collection system by each property depends upon a variety of factors, such as land utilization and the amount of impervious surface on the property which influences runoff;

(13)

The costs of the city's stormwater collection program should be allocated and assessed, to the extent practicable, to customers based in significant part on the impact of runoff from the impervious areas of their property on the stormwater collection system. It is fair, reasonable, just, and right to apportion, allocate, and assess the costs of the city's stormwater collection program, to the extent practicable, and charge a non-ad valorem assessment therefore, to each property based in significant part on the impact of runoff from the impervious areas of such property upon the stormwater collection system. In view of the foregoing, the city has determined to levy and assess developed property with a stormwater collection utility assessment, using the non-ad valorem assessment procedure, based upon a calculated ERU rate, as further explained herein;

(14)

The operation of the city's stormwater collection program requires adequate revenues, and it is in the interest of the public to finance the stormwater collection program adequately and with a reasonable and equitable assessment so each customer using or benefitting by the program pays based upon the extent to which such customer contributes to the need for the stormwater collection program;

(15)

The city finds and determines that there are particular and special benefits to real property conferred by creating and maintaining a formally established municipal stormwater collection utility, as explained herein; furthermore, the city finds and determines that by utilizing the levy and assessment methodology that is described herein, the total amount to be paid by non-ad valorem assessments for the city's stormwater collection utility for each assessed property should not, and will not, be more than the particular and special benefits to be derived by each property benefited thereby; and

(16)

By utilizing the uniform method for the levy, collection, and enforcement of non-ad valorem assessments procedure, the failure to pay the assessment for a property will cause a tax certificate to be issued against the property which may result in a loss of title.

(b)

Purpose of chapter. The purpose of this chapter is to protect, maintain, and enhance the immediate and long-term health, safety, and general welfare of the citizens of the city, to protect real property and all improvements thereon, and to protect the value of the city's ad valorem tax base. In order to effectuate these purposes, this article has the following objectives:

(1)

To formally establish and approve a municipal stormwater collection utility whose program is mutually coordinated with those developed by the United States, the State of Florida, the South Florida Water Management District, Broward County, and by other governmental units and agencies;

(2)

To develop, enhance, maintain, and improve a stormwater collection system;

(3)

To adopt stormwater collection non-ad valorem assessment sufficient to fund the city's stormwater collection program;

(4)

To encourage productive and enjoyable harmony between humanity and nature;

(5)

To protect, restore, and maintain the chemical, physical, functional, and biological integrity of community waters;

(6)

To prevent individuals and business entities from causing harm to the community by engaging in unregulated activities which adversely affect water resources;

(7)

To encourage the construction of drainage systems which aesthetically and functionally approximate the utility of natural systems;

(8)

To encourage the protection of natural and manmade beneficial systems, and the use of those systems in ways not impairing their beneficial functioning;

(9)

To minimize the transport of pollutants to community waters;

(10)

To help prevent damage from flooding, while recognizing that natural fluctuations in water levels are beneficial; and

(11)

To help reduce flood insurance premium rates which might otherwise increase in the absence of an adequate, effective, and coordinated municipal stormwater collection program.

(Ord. No. 2018-110, § 3, 11-28-18)