||Stormwater Utility Fee Credit
An Adjustment to a property's utility fee based upon the reduction to the city's operating cost of the stormwater management utility based upon a reduction in stormwater runoff discharged from the parcel due to use of a stormwater retention or detention system or other reduction pursuant to Section 10 of Ordinance 2010-33 and as amended in Ordinance 2011-62.
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"Stormwater Utility Calculations and Credits"
Utility Fee Credits
A property with functioning on-site stormwater drainage facilities may receive a stormwater management system user fee credit.
- 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).
- 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).
- 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%).
- Property which is other than non-residential developed property may be eligible for additional credits for the use and implementation of the following one-time credits. These credits are non-transferable, non-renewable, and cannot be issued more than time per billed parcel.
- The installation and use of a City-approved rain-barrel which is greater than thirty (30) gallons in capacity, free of leaks, and non-metallic, will provide for a one-time credit of twenty-five dollars ($25.00) dollars to be applied against fees due; multiple discounts for more than one barrel will not be provided. Sign-Up for Rain Barrel Workshop
- Property which is non-developable shall be allowed a credit of one-hundred percent (100%) effective October 1, 2011. Credits that are granted shall only be retroactive to the effective date of October 1, 2011, but retroactive credit shall not exceed one (1) year.
- Property which is greenspace, integral components of the city stormwater system, integral components of the Melbourne Tillman Water Control District stormwater system, and submerged lands or properties of the waters of the Turkey Creek shall be allowed a credit of one-hundred percent (100%) effective October 1, 2011. Credits that are granted shall be only retroactive to the effective date of October 1, 2011, but retroactive credit shall not exceed one (1) year.
- Property which is designated and delineated as wetlands, wetlands under conservation easements, or designated conservation lands shall be allowed a credit of one-hundred percent (100%) effective October 1, 2011. Credits that are granted shall only be retroactive to the effective date of October 1, 2011, but retroactive credit shall not exceed one (1) year. Submittal of wetlands delineation report is required to receive credit.
The installation and use of pervious pavement driveway surfaces that are three hundred seventy-five (375) square feet or greater in area, that are a minimum eighty percent (80%) pervious, do not exceed a maximum grade of three percent (3%), constructed of asphaltic concrete, Portland cement based concrete, recycled rubberized material, or other materials capable of bearing vehicular traffic, that either replaces an existing driveway or provides for the initial driveway installation, will provide for a one-time credit of fifty dollars ($50.00) to be applied against fees due. Driveway permit fees as provided for in Chapter 179 for the replacement of existing permitted driveways will be forgiven. Any proceeding resurfacing of the pervious materials will result in revocation and forfeiture of the granted credit, will be charged in future fees, and subject to driveway permit fees.
Utility Fee Credit Application
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 management facilities applicable, but retroactive credit 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.
Utility Fee Denial of Credit Appeals
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.
The City Manager shall complete his review within sixty (60) days 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.
Users may apply for credits on an individual or group basis, e.g., homeowners associations, mobile home parks, and the like. In cases where a group applies for credit, credit, if granted, will be given to each individual residential property.
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.