The City of Palm Bay has enacted a Stormwater Ordinance in order to comply with the Federal Clean Water Act. The City of Palm Bay is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Palm Bay will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be calculated and collected by the city. Credits are available for properties that implement stormwater best management practices. The City of Palm Bay, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Palm Bay has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
On August 17, 2010, the City Council adopted Ordinance 2010-33 implementing the Stormwater Utility establishing the rate of $4.47 per equivalent residential unit (ERU) by Resolution 2010-36. The Stormwater Utility Fee went into effect on October 1, 2010. Additionally on December 1, 2011 City Council enacted Ordinance 2011-62 amending Ordinance 2010-33. There are several credits available to home and business owners which are referenced in the Ordinance.
Equivalent Residential Unit (ERU) = 4602 square feet of effective impervious area which is the average effective impervious area of a typical detached single family residential developed property located within incorporated Palm Bay and is the basic unit for the computation of stormwater management system user fees.
Utility Fee Credits & Appeals
A property with functioning on-site stormwater drainage facilities may receive a stormwater management system user fee credit.
1. Retention Systems: Eligible for a credit of up to one hundred percent (100%) of the amount of the user fee confirmed by the Director to be the percentage of stormwater runoff from a 25-year 24-hour storm event which is retained on the property. (Credit is directly proportional to volume of runoff retained.)
2. Detention Systems: Eligible for a credit of up to fifty percent (50%) of the amount of the user fee confirmed by the Director to be the ratio of parcel’s runoff from a 25-year 24-hour storm event with the detention facilities as compared to without. (Credit is proportional to the percentage of runoff rate reduction achieved.)
3. A property that does not contribute stormwater to the utility and is not otherwise benefited by the utility shall be allowed a credit of one hundred percent (100%).
The following procedures shall apply to all credit requests of the stormwater utility fee:
- Users who believe that their property qualifies for a credit may, subject to the limitations set forth in this section, submit a credit request to the Public Works Director.
- Credit requests for the utility fees shall be in writing and set forth in detail the grounds upon which credit is sought.
- Credit requests for the utility fees shall be reviewed by the Public Works Director within sixty (60) days from the date of filing of the credit request. Credits that are granted shall be retroactive to the beginning of billings, or to the implementation of on-site stormwater facilities applicable, but retroactive credits shall not exceed one (1) year.
- Users requesting the credits may be required, at their own cost, to provide supplemental information to the Public Works Director including, but not limited to, survey data approved by either a registered professional land surveyor (R.P.L.S.) and engineering analysis and reports signed and sealed by a Florida licensed professional engineer (P.E.). Failure to provide such information may be the basis for denial of the credit request.
- Credits will be made upon the granting of the credit request, in writing, by the Public Works Director. Denials of credit requests shall be made in writing by the Director.
Upon receipt of the written denial of a credit request, the user who initially requested the credit may, within thirty (30) days of receipt of such denial, appeal to the City Manager for review of the denial.
- City Manager shall complete his review within sixty 60days of receipt of the request for review. The City Manager’s determination on the review shall be in writing and set forth the reasons for his decision.
- In reviewing denials of credit requests the City Manager shall apply the same standards and review criteria applied by the Public Works Director and contained in this section.
Any determination of the City Manager relating to exemptions or user fee credits may be appealed to City Council. The decision of the City Council shall be final.
Any user who believes that a stormwater management utility user fee has been computed incorrectly may appeal in writing to the Public Works- Director for a correction. The decision of the Director may be appealed to the City Manager and ultimately to the City Council. The decision of the City Council shall be final.
Stormwater Drainage Facilities
The owner of real property is responsible for providing and maintaining stormwater drainage facilities to collect anal dispose of stormwater on-site incompliance with local law. It shall be unlawful for any person to alter non-City maintained or owned stormwater drainage facilities without the prior approval of the Public Works Director or other agencies having jurisdiction. No changes shall be permitted by the Public Works Director which will adversely affect the stormwater management system in the area of the property.
Violation of the provisions of the ordinance set forth herein or failure to comply with any of its requirements including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof, be fined not more than five hundred dollars ($500.00) per offense or imprisoned for not more than thirty (30) days, or both, and in addition shall pay all costs and expenses involved in the case .Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
Any person who violates any provision of Section 174.072 shall be guilty of a misdemeanor of the second degree, punishable by a fine of not less than two hundred and fifty dollars ($250.00) nor more than five hundred dollars ($500.00). Such person shall be guilty of a separate offense for each day during which a violation of Section 174.072 is committed or continues.