§ 9-213. Legislative findings.

It is hereby ascertained, determined and declared that:

(1)

Article VIII, Section 1 of the Florida Constitution, F.S. §§ 125.01 and 125.66, and the County's Home Rule Charter, grant to the board all powers of local self-government to perform County functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances.

(2)

The stormwater management program is a "stormwater utility" within the meaning of F.S. § 403.0893. The purpose of this article is to designate responsibilities of the stormwater management program and authorize the imposition of stormwater assessments to provide a dedicated funding source to improve stormwater management within the county in a manner consistent with the county's comprehensive plan and applicable state and federal laws. The stormwater management program will address the quality and quantity of stormwater runoff to surface and subsurface waters.

(3)

The stormwater assessments authorized by this article are consistent with the authority granted in F.S. § 403.0893, which is additional authority and supplements the constitutional and statutory power of local government granted to a charter county.

(4)

The benefits provided by the stormwater management program to developed property located within the stormwater service area include, by way of example and not limitation:

a.

The availability and use of facilities or improvements by owners and occupants of developed property to properly and safely detain, retain, convey or treat stormwater discharged from developed property;

b.

Stabilization of or the increase of developed property values;

c.

Increased safety and better access to developed property;

d.

Improved appearance;

e.

Rendering developed property more adaptable to a current or reasonably foreseeable new and higher use; and

f.

Alleviation of the burdens caused by stormwater runoff related to the use of developed property.

(5)

The county's stormwater management program is necessitated by impervious area. Accordingly, stormwater assessments will be imposed only against developed property.

(6)

Since the stormwater conveyance portion of the county road system provides stormwater capacity that exceeds the stormwater burden generated by the impervious area of the county road system, stormwater assessments will not be imposed against the federal, state, county and municipal road systems.

(7)

The benefits provided by the stormwater management program bear a logical relationship to the value, use and characteristics of developed property located within the stormwater service area.

(8)

The stormwater assessments authorized by this article provide an equitable method of funding the general stormwater management cost and, if applicable, the subdivision facilities maintenance cost by fairly and reasonably allocating the general stormwater management cost and the subdivision facilities maintenance cost to specially benefitted developed property classified on the basis of the stormwater burden expected to be generated by the physical characteristics and use of such developed property (by individual parcel or any reasonable classification of parcels).

(9)

The stormwater assessments imposed pursuant to this article are imposed by the board, not the property appraiser or tax collector. Any activity of the property appraiser or tax collector under the provisions of this article shall be construed as ministerial.

(Ord. No. 09-13, § 1.03, 6-15-09)