§ 62-3757. Optional pro rata capital contribution payment allowing tie-in to county constructed stormwater systems in lieu of constructing private stormwater facility within the Merritt Island Redevelopment Area (MIRA).

(a)

At the option of both the county and any property owner engaged in a development or redevelopment project within the 165 acres of property lying within the Merritt Island Redevelopment Area, as shown on exhibit A of the ordinance from which this section is derived, the property owner may apply to pay a pro rata capital contribution (pro rata contribution) to the county which will allow the property owner to tie-in and discharge stormwater from the project to county stormwater facilities (hereafter called the "Lakes at Veterans Memorial Park") constructed for the purpose of treating stormwater runoff from existing impervious areas within the basin and providing additional capacity to serve future impervious area within the specific 165 acres of property shown in exhibit A of the ordinance from which this section is derived. This pro rata contribution is not a mandatory fee or contribution. Upon receipt of written approval from the St. Johns River Water Management District or its successor agency for such discharge of water into the Lakes at Veterans Memorial Park, payment of the pro rata contribution may be made to the county by a property owner/applicant in lieu of constructing any stormwater facility that would have been required to be built on the property under existing stormwater regulations. Nothing herein shall be construed to require the county to approve any request to pay a fee for use of such county owned stormwater facilities.

(b)

The amount of the pro rata contribution is based on the proportionate cost of the construction of the stormwater facility established at $0.50 per square foot of the property being treated by the county facility. Any modification to the rate shall be by a resolution of the board of county commissioners based upon the square footage of the entire property to be served by the Lakes at Veterans Memorial Park. Each situation will be analyzed by the county and a specific written decision will be developed for each property that is the subject of an application as follows:

(1)

The Lakes at Veterans Memorial Park will be built in phases (phase 1 treatment for 102 acres and phase 2 treatment for an additional 63 acres). The pro rata contribution formula is calculated on the redevelopment and final build out of approximately 165 acres within the Merritt Island Redevelopment Area (as shown on exhibit A of the ordinance from which this section is derived) for which stormwater treatment and capacity is available.

(2)

The pro rata contribution will be determined for each applicant by calculating the total stormwater capacity of the completed Lakes at Veterans Memorial Park and the associated construction costs of the facilities and then determining the pro rata share of the applicant's discharge of stormwater (quantity and quality) from the applicant's development or redevelopment project. The ratio of the applicant's projected stormwater discharge to the total capacity of the Lakes at Veterans Memorial Park shall be multiplied by the most current annual determination of the present value of the total construction cost of planned or constructed Lakes at Veterans Memorial Park to determine the pro rata fee payable for the current year.

(3)

Each application will be evaluated based upon the cumulative impacts from the proposed development or redevelopment. This process will not apply to privately owned stormwater facilities designed to provide stormwater collection and treatment services for properties within the Merritt Island Redevelopment Area.

(4)

In lieu of a pro rata cash contribution to allow an applicant to tie-in to the Lakes at Veterans Memorial Park, the applicant may offer and the county may accept from an applicant:

a.

A credit under the provisions of subsection (c); or

b.

A negotiated transfer of real property, tangible personal property or other non-monetary considerations of a value comparable to the pro rata contribution, while still meeting the purpose and intent of this section.

Any negotiated transfer credits shall be applied to reduce the amount of the pro rata contribution calculated for the applicant in the manner described in subsection (b)(2).

(5)

Payment or delivery of a pro rata contribution shall be a condition precedent to the issuance of a building permit for any property where development or redevelopment for which an onsite stormwater facility is not being built is proposed within the Merritt Island Redevelopment Area. For such properties, neither construction of the project nor the use of the Lakes at Veterans Memorial Park may be commenced until the pro rata contribution is paid.

(6)

The revenues generated by the pro rata contribution shall only be used for 1) new stormwater infrastructure construction related to the Lakes at Veterans Memorial Park 2) for reimbursement to the county for expenses related to construction of the Lakes at Veterans Memorial Park stormwater infrastructure or 3) the reimbursement of MIRA in the amount of that agency's monetary contribution toward land acquisition costs related to the county-owned Lakes at Veterans Memorial Park, to the extent that the applicant has not received a credit in the manner prescribed in subsection (c).

(7)

The pro rata contribution program will cease when the Lakes at Veterans Memorial Park have reached design capacity.

(8)

An applicant's payment of a pro rata contribution or receipt of a credit under subsection (c) shall not prevent nor be construed to prevent the county from establishing and collecting the annual stormwater utility fee applicable within the district 2 benefit area.

(c)

For properties that currently treat all or a portion of their stormwater regulatory requirement on site, as an alternative to the cash payment of a pro rata contribution allowing an applicant to tie-in to the Lakes at Veterans Memorial Park to meet but not exceed the treatment value currently met on the applicants property, an applicant may request a tie-in credit based on being a bona fide redevelopment project as approved by the Merritt Island Redevelopment Agency in accordance with the terms of any interlocal agreement with the county relating to redevelopment incentives.

(Ord. No. 14-29, § 1, 9-16-14)