Section 78-301. Determination of ERUs.

(1) Classification of tax parcels. Each tax parcel located within the stormwater service area shall be assigned to one of the following classifications: residential condominium parcels, single-family parcels; mobile home parcels, trail park parcels or general parcels.

(2) Residential condominium parcels.

(a) The council 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 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.

3. Residential condominium parcels constitute 59 percent of all parcels located within the stormwater service area and represent the standard-size single-family residence within the stormwater service area.

4. Since residential condominium parcels constitute approximately 59 percent of the total 6,161 tax parcels located within the stormwater service area, the cost of measuring or verifying the impervious area for each individual residential condominium greatly exceeds any benefit to be derived from individual measurement or verification. Residential condominium parcels constitute a reasonable classification of property for purposes of the stormwater fees.

5. Since the ERU value falls within the range of residential condominium parcels, it is fair and reasonable to assign one ERU to each residential condominium parcel.

6. Due to the large number of residential condominium parcels, it is fair and reasonable to determine the mitigation credit factor for residential condominium parcels without considering, for each tax parcel, the percentage of impervious area that is directly connected to the city's stormwater management system.

(b) The number of ERUs attributable to each residential condominium parcel shall be determined as follows:

1. The number of ERUs attributable to each residential condominium parcel shall be determined by multiplying one ERU by the appropriate mitigation credit factor. In determining the mitigation credit factor for residential condominium parcels, the percentage of impervious area that is directly connected to the city's stormwater management system shall not be taken into consideration.

(3) Single-family parcels.

(a) The council hereby finds and determines as follows:

1. single-family residence parcels constitute six and one-half percent of all parcels located with the stormwater service area.

2. Since the impervious area has not been measured or verified for each residential condominium parcel and since stormwater fees for residential condominium parcels will be computed by assigning a uniform number of ERUs to all residential condominium parcels, it is fair and reasonable to compute stormwater fees for comparably sized single-family parcels by reference to residential condominium parcels

3. Since the ERU value falls within the range of residential condominium parcels, it is fair and reasonable to assign one ERU to each single-family parcel.

4. To maintain consistency with the method of determining the mitigation credit factors for residential condominium parcels, it is fair and reasonable to determine the mitigation credit factor for single family parcels without considering, for each tax parcel, the percentage of impervious area that is directly connected to the city's stormwater management system.

(4) mobile home parcels.

(a) The council hereby finds and determines as follows:

1. mobile home parcels constitute less than one percent of the parcels within the stormwater service area. Due to the relatively small amount of impervious area, the cost of measuring or verifying the impervious area for each individual mobile home parcel greatly exceeds any benefit to be derived from individual measurement or verification. mobile home parcels constitute a reasonable classification of property of purposes of the stormwater fees.

2. Since the average mobile home parcel includes impervious area that approximates one-half of the ERU value, it is fair and reasonable to assign one-half ERU to each mobile home parcel.

(b) The number of ERUs attributable to each mobile home parcel shall be determined as follows:

1. The number of ERUs attributable to each mobile home parcel shall be determined by multiplying one-half ERU by the appropriate mitigation credit factor. In determining the mitigation credit factor for mobile home parcels, the percentage of Impervious area that is directly connected to the city's stormwater management system shall not be taken into consideration.

(5) trailer park parcels.

(a) The council hereby finds and determines as follows:

1. Due to the relatively small amount of impervious area associated with mobile homes in trailer parks, the cost of measuring or verifying the impervious area for each individual mobile home greatly exceeds any benefit to be derived from individual measurement or verification. trailer park parcels constitute a reasonable classification of property for purposes of the stormwater fees.

2. Since the average mobile home includes impervious area that approximates one-half of the ERU value, it is fair and reasonable to assign one-half ERU to each mobile home.

3. Since the roads within trailer parks are owned and maintained by the trailer park, it is fair and reasonable to include this impervious area in the calculation of the ERU value. Since the average mobile home lot width is 50 feet and the average width of one lane of street is 12 feet, it is reasonable to add 600 square feet to each mobile home within a trailer park. Therefore, it is fair and reasonable to assign 0.29 ERU to the roadway section associated with each mobile home.

(b) The number of ERUs attributable to each trailer park parcel shall be determined as follows:

1. The number of ERUs attributable to each trailer park parcel shall be determined by multiplying 0.79 ERU by the number of mobile home units within the trailer park. This result shall then be multiplied by the appropriate mitigation credit factor. In determining the mitigation credit factor for mobile home parcels, the percentage of impervious area that is directly connected to the city's stormwater management system shall not be taken into consideration.

(6) General parcels. The number of ERUs attributable to each general parcel shall be determined by (1) dividing the impervious area of the general parcel by the ERU value (2,074 square feet), and (2) multiplying the result by the appropriate mitigation credit factor. In determining the mitigation credit factor for general parcels, the percentage of impervious area that is directly connected to the city's stormwater management system shall be taken into consideration.

(7) Approval of mitigation policy. The council hereby approves the mitigation credit policy attached hereto as appendix A. Said policy may be modified or amended at any time by resolution of the city council.

(8) Private stormwater management facilities.

(a) The council recognizes the benefits provided by privately maintained stormwater management facilities. Properties supporting private stormwater management facilities should be credited for the public benefit 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.

(b) In order to receive a mitigation credit for which property is eligible, a property owner may be required to provide the stormwater utility director with "as built" drawings of the stormwater management facility 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, and such other reasonable requirements as may be necessary to effectuate the purposes of this subsection.

(c) No mitigation credit shall be applied for service provided to property by a stormwater management facility constructed or maintained with public funds. However, a mitigation credit shall be applied for service provided to property by a regional stormwater management facility if the developer of the property provided a capital contribution to the regional facility in lieu of constructing on-site facilities.

Secs. 78-302--78-324. Reserved.

DIVISION 3. ADMINISTRATION

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