HomeMy WebLinkAboutResolution No. 872-26 Stormwater Assessment Mitigation CreditINSTR# 2026134081 OR BK 11459 PG 2656 Page 1 of 15
07/16/2026 03:18 PM Rcpt: 2982039 Rec: 129.00 DS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
RESOLUTION NO. 872-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, APPROVING THE STORM WATER
UTILITY ASSESSMENT MITIGATION CREDIT POLICY MANUAL AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council (the "Council") of the City of Zephyrhills, Florida (the
"City") has enacted Ordinance No. 1522-26, which creates Chapter 57 of the City's Code of
Ordinances (the "Stormwater Code") to establish a stormwater utility and stormwater assessments;
and
WHEREAS, pursuant to Section 57-09(g) of the Stormwater Code, developed properties
with on -site, privately operated and maintained stormwater management systems with a valid
Southwest Florida Water Management District Environmental Resource Permit meeting current
design criteria may apply for stormwater mitigation credits; and
WHEREAS, the City's Stormwater Utility Assessment Mitigation Credit Policy Manual
(the "Credit Manual") is to be approved by resolution, as required by Section 57-09(g) of the
Stormwater Code; and
WHEREAS, the Council finds that it is in the best interest of the City and its property
owners and residents to adopt the Credit Manual attached hereto as Exhibit A and incorporated
herein by reference.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ZEPHYRHILLS, FLORIDA:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
Section 2. Approval of Credit Manual. The City Council hereby finds that the Credit
Manual attached hereto as Exhibit A is fair and reasonable and hereby adopts and approves the
Credit Manual. Eligible parcel owners may receive a mitigation credit applied as a percentage
reduction to the stormwater utility assessment in accordance with the eligibility criteria, terms, and
procedures set forth in the Credit Manual.
Section 3. Administration and Implementation. The City Manager, or the City Manager's
designee (including the Public Works Director), is authorized to administer the mitigation credit
program in accordance with the Credit Manual, including the review and approval of applications,
inspections, recertification, and enforcement of the program's requirements. Applications for
mitigation credit shall be submitted in accordance with the schedule set forth in the Credit Manual;
provided, however, that for Fiscal Year 2026-2027, the initial assessment year, applications shall
be submitted no later than August 3, 2026.
Amendments to the Credit Manual that alter eligibility criteria, credit amounts, or property -
owner obligations shall be adopted by resolution of the City Council, as required by Section 57-
09(g) of the City Code. Non -substantive amendments to administrative forms and procedures that
do not alter eligibility, credit amounts, or owner obligations may be adopted administratively by
the City Manager.
Section 4. Administrative Appeals. Any property owner aggrieved by a credit
determination under the Credit Manual may seek administrative review in accordance with the
procedures set forth in Section 57-29 of the City Code.
Section 5. Repealer. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of any conflict.
Section 6. Effective Date. This Resolution shall take effect upon adoption by the City
Council; provided, however, that the mitigation credit program established hereby shall not be
implemented unless and until Ordinance No. 1522-26 has become effective in accordance with its
terms.
The foregoing Resolution No. 872-26 was read and passed, following a public hearing, in an open
and regular meeting of the City Council of the City of Zephyrhills, Florida, on this 22nd day of
June, 2026.
OR BK 11459 PG 2657 Page 2 of 15
_
test•
• curl .( �ctv Clerk
Steven F. Spina, Ph.D., Ccncil President
The foregoing Resolution No. 872-26 was approved by me this 22nd day of June, 2026.
Melonie Bahr 1Aonson, Mayor
Approved as to legal form and legal content
for the sole reliance of the City of Zephyrhills
Matthew E. Maggard, City Attorney
OR BK 11459 PG 2658 Page 3 of 15
City of Zephyrhills, Florida
Stormwater Utility -.assessment
Mitigation Credit Policy anual
June , 2026
OR BK 11459 PG 2659 Page 4 of 15
TABLE OF CONTENTS
Section1 - Introduction....................................................................................................................3
Section1.1 Purpose..................................................................................................................3
Section1.2 Applicability..........................................................................................................3
Section 1.3 Regulatory Background......................................................................................4
Section2 - Mitigation Credits...........................................................................................................5
2.1 Mitigation Credit Qualification..........................................................................................5
Section 3 - Application Procedures.................................................................................................7
Section4 - Appeal Process..............................................................................................................7
Section 5 - Mitigation Credit Enforcement Policy..........................................................................7
APPENDIX A MITIGATION CREDIT APPLICATION FORM.............................................................9
APPENDIX B MITIGATION CREDIT RE -APPLICATION FORM ...................................................102
2
OR BK 11459 PG 2660 Page 5 of 15
Section 1 - Introduction
The City of Zephyrhills (City) is establishing a stormwater utility to fund the planning,
construction, operation, maintenance, and management of the City's stormwater
management system. The stormwater utility assessment is be based upon the amount of
impervious area on a given parcel. The assessment will be applied uniformly and
equitably to all parcels within the City, in accordance with applicable state and local law.
Under this framework, parcels that generate stormwater runoff contribute to the demand
placed upon the City's stormwater infrastructure. However, some parcel owners have
constructed and maintained privately owned stormwater management systems that
mitigate the impact of their stormwater runoff on the City's system. The mitigation credit
program described in this manual provides a mechanism by which eligible parcel owners
may receive a partial reduction, referred to as a mitigation credit, applied to their
stormwater utility assessment.
This Mitigation Credit Policy Manual (Manual) establishes the policies, procedures, and
criteria governing the application for, and granting of, mitigation credits. The City
reserves the right to amend this Manual at any time to reflect changes in applicable law,
regulatory standards, or City policy.
Section 1.1 Purpose
The purpose of this Manual is to:
1. Provide a fair and transparent process for property owners to apply for mitigation
credits against their stormwater utility assessment.
2. Establish eligibility criteria based on the level of stormwater treatment provided by
privately owned stormwater management systems.
3. Define the documentation requirements and review process for credit applications.
4. Promote the proper operation, maintenance, and continued existence of privately
owned stormwater management systems that reduce the burden on the City's public
stormwater infrastructure.
Section 1.2 Applicability
This Manual applies to all parcels within the City of Zephyrhills that are subject to the
stormwater utility assessment and that have a privately owned and operated stormwater
management system. Mitigation credits are available to single-family residential, non-
residential, and multi -family residential parcel owners whose stormwater management
systems meet the eligibility criteria set forth in Section 2 of this Manual.
Mitigation credits do not exempt a parcel from the stormwater utility assessment. Rather,
credits reduce the assessment by a specified percentage based on the level of
stormwater treatment the private system provides. The stormwater utility assessment, as
reduced by any applicable mitigation credit, remains the responsibility of the parcel
owner.
OR BK 11459 PG 2661 Page 6 of 15
Section 1.3 Regulatory Background
The City of Zephyrhills is located within the jurisdictional boundaries of the Southwest
Florida Water Management District (SWFWMD). All development within the City that
meets applicable thresholds is subject to the Environmental Resource Permit (ERP)
program administered by SWFWMD under Part IV of Chapter 373, Florida Statutes, and
Chapter 62-330 of the Florida Administrative Code (FAC).
The ERP program requires that new developments properly treat stormwater runoff to
reduce pollutant loading to receiving water bodies. Florida's stormwater treatment
performance standard requires an 80% reduction in the average annual post -
development loading of Total Suspended Solids (TSS) from new development. Effective
June 28, 2024, the ERP program was amended to include nutrient -specific performance
standards for Total Nitrogen (TN) and Total Phosphorus (TP). Under the updated
standards, stormwater management systems must demonstrate a net improvement in
nutrient loading, meaning post -development TN and TP loads must be equal to or less
than pre -development loads. For projects discharging to impaired water bodies with
adopted Total Maximum Daily Loads (TMDLs) or Basin Management Action Plans
(BMAPs), the stormwater system must meet the more stringent of either the net
improvement standard or the specific load reduction allocations established in the
applicable TMDL or BMAP. Applicants are required to demonstrate compliance through
quantitative pollutant load calculations using methodologies specified in Section 9.0 of
the updated Volume II. Design criteria for stormwater management systems are
contained in the ERP Applicant's Handbook Volume II, Design Requirements for
Stormwater Treatment and Management Systems —Water Quality and Water Quantity,
adopted by SWFWMD effective October 31, 2025, as may be amended from time to
time.
In addition to the SWFWMD ERP framework, the City of Zephyrhills has adopted local
stormwater management requirements for designated drainage areas within its
jurisdiction. City Ordinance No. 941-05, effective January 9, 2006, established Basins of
Special Concern within the City. The ordinance identifies specific drainage basins where
additional stormwater management standards apply due to flooding concerns,
environmental sensitivity, or limited outfall capacity. All development(s) located within a
designated Basin of Special Concern are required to meet the stormwater management
standards set forth in Ordinance No. 941-05, which may be more stringent than the
SWFWMD ERP requirements. The Basin of Special Concern designations and
associated design criteria are incorporated into the City's Public Works Design Manual
(Section 9, Stormwater Management). Properties located within a designated Basin of
Special Concern that demonstrate compliance with the applicable ordinance
requirements may be eligible for a mitigation credit as described in Section 2 of this
Manual, provided all other eligibility criteria are met.
4
ORBK 11459 PG2662 Page7of15
Section 2 - Mitigation Credits
The City of Zephyrhills stormwater utility assessment will be based on the
amount of impervious area on each parcel. Impervious area is defined as hard
surfaces that prevent or significantly reduce the natural infiltration of stormwater
into the ground, including rooftops, paved areas, sidewalks, driveways, and other
constructed surfaces. The stormwater utility assessment will fund the City's
stormwater management program, which includes the operation, maintenance,
and improvement of the stormwater infrastructure that serves all properties
within the City.
The following principles form the basis for the mitigation credit program:
1. All developed properties within the City contribute to stormwater runoff in
proportion to their impervious area.
2. Some property owners (and/or entities such as condominium associations or
homeowners associations) contribute to the management of stormwater through
the construction and maintenance of privately owned and operated stormwater
management systems that were designed and permitted to meet state and local
stormwater management standards.
3. In light of the contribution of these privately maintained stormwater
management systems, a mitigation credit program has been established.
4. It is in the City's interest to encourage proper operation and maintenance and
continued existence of privately owned and operated stormwater management
facilities on developed properties.
5. The mitigation credit will not result in any property paying less than its fair
share of the costs of the City's overall stormwater management program.
2.1 Mitigation Credit Qualification
Property owners may qualify for mitigation credits on their stormwater utility
assessment by demonstrating that their property (or properties within a common
development) is served by a privately owned and operated stormwater
management system that was designed and permitted in accordance with
applicable state and local stormwater management standards. The mitigation
credit is a percentage reduction applied to the property's stormwater utility
assessment.
Stormwater Management System Credit: A credit of 25% of the stormwater
utility assessment may be granted to properties that have a stormwater
management system that meets the current design standards and has an
approved or self -certified ERP issued by SWFWMD. Current design standards
are those set forth in the ERP Applicant's Handbook Volume II adopted by
SWFWMD effective October 31, 2025, as may be amended, or the City of
Zephyrhills' Basin of Special Concern Ordinance, whichever is more stringent.
5
OR BK 11459 PG 2663 Page 8 of 15
To maintain credit eligibility, stormwater systems must be maintained in such a
manner that the intended retention, detention or treatment functions are being
met. Credits may be granted for a 5 -year period provided the following data (at a
minimum) is submitted, reviewed and approved by the City Public Works Director
or their designee:
1. Completed Zephyrhills Stormwater Utility Assessment Mitigation Credit
Application (Appendix A).
2. Valid and current permit(s) granted by SWFWMD or the City of Zephyrhills.
3. Current inspection/maintenance reports for the stormwater management
system.
4. Current design plans or as -built drawings for the stormwater management
system.
5. Current Operation and Maintenance (O&M) Plan for the stormwater
management system.
6. Current O&M budget for the stormwater management system.
2.1.1 Restrictions
a) Public or private property that fails to meet the criteria listed above shall
not receive a credit to offset their stormwater assessment fee.
b) Credit shall only be given to the property owner(s) of record.
c) Credits shall be effective for 5 years requiring inspection and
recertification to continue to receive the credit. The Zephyrhills
Stormwater Utility Assessment Mitigation Credit Recertification Form
can be found in Appendix B.
2.1.2 Terms
a) A permitted facility number must be provided.
b) Pasco County Property Appraiser Parcel Identification Numbers for each
property being treated by the stormwater management system must be
provided.
c) Credits will be defined as percent (%) reductions applied as a credit
adjustment to the assessment/fee.
d) If the stormwater management system is functioning as approved (as
demonstrated by self -certification reports and City inspections), the
credit will be applied to the fee. If the approved practice is not
functioning as approved, the credit will be cancelled, and the fee will
return to the baseline calculation. Reapplication is governed by the
Mitigation Credit Enforcement Policy (Section 5).
6
OR BK 11459 PG 2664 Page 9 of 15
e) Proper operation and maintenance of stormwater facilities is essential
for the facilities to continue to perform as intended. To continue to
receive credit, the applicant must inspect the stormwater facility
annually and perform maintenance if identified during that inspection.
Section 3 - Application Procedures
A property owner seeking a fee credit must comply with the procedures outlined in
this manual and must submit a Zephyrhills Stormwater Utility Assessment Mitigation
Credit Application Form (Appendix A). All information necessary for the City to review
and render a decision must be supplied as outlined in the manual and credit
application. Failure to comply with the procedures outlined in the manual will result in
a denial of the credit application. Applications must be received by the City no later than
June 1 of each calendar year in order to apply to that year's assessment, except for 2026,
the first year of the utility, when applications must be submitted by August 3, 2026.
Stormwater mitigation credits will not be retroactively applied to any previous year's
assessment.
Section 4 - Appeal Process
Any person disagreeing with the interpretation or application of a provision in this
manual, or the related laws or ordinances pertaining to stormwater management in
the City, may appeal in writing to the City by supplying Pasco County Property
Appraiser records, survey data, or other pertinent information to support the appeal.
The City Public Works Director or their designee will notify all parties, in writing, of
their decision within 90 days of receipt of any appeal.
Section 5 - Mitigation Credit Enforcement Policy
The City reserves the right to review the application and any approved credit and all
facts supporting any approved credit for accuracy and/or inspect and review
documentation confirming the provision of the facility at any time. If, after its review
or inspection or approval, the City finds the application to be inaccurate or the
projected level of service is not being provided or continued, the customer will be
notified in writing and given 45 days to correct the deficiency. The property owner
must provide written documentation to the City Public Works Director or their
designee within 45 days of the original notice by the City Public Works Director or
their designee that the requirements are being met or continued as agreed, in
addition to such evidence as the City Public Works Director or their designee
reasonably requires showing that the deficiency has been corrected. If, in the
opinion of the City Public Works Director or their designee, the deficiency is not
satisfactorily corrected, the fee credit attributable to the deficiency will be terminated
on the following assessment period. Reapplication for fee credit will not be reviewed
until the requirements have been adequately met and evidence of the corrections
has been provided with the reapplication.
OR BK 11459 PG 2665 Page 10 of 15
Once the credit reduction has been canceled, a customer may not reapply for that
credit until the following assessment period and then only if the deficiency has been
corrected, as determined by the City inspection. It will be the responsibility of the
customer to prove the stormwater management goals are met prior to the credit
being reissued.
OR BK 11459 PG 2666 Page 11 of 15
APPENDIX A
ZEPHYRHILLS STORMWATER UTILITY ASSESSMENT
MITIGATION CREDIT APPLICATION FORM
OR BK 11459 PG 2667 Page 12 of 15
APPENDIX B
ZEPHYR ILLS STORMWATER UTILITY ASSESSMENT
MITIGATION CREDIT RE -CERTIFICATION FORM
OR BK 11459 PG 2668 Page 13 of 15
CiZephyrhillsr i Public Works Department
Attn: Stormwater Credits
Zep{� Mitigation Credit Application 39421 South Avenue
1 1 Zephyrhills, FL 33542
(813) 780 0022 Ext. 3574
Aknoechelman ephyrhills.gov
This application is for a stormwater utility fee credit, available for customers who have privately owned stormwater control devices on their property and/or
within a common development, that treat and attenuate stormwater in accordance with the Stormwater Utility Assessment Mitigation Credit Policy Manual.
(* ®REQUIRED hiformatlon)
[Section 1] CONTACT INFORMATION (Property Owner or Authorized Representative):
"Applicant's Name: Daytime Phone #:
Company or Business Name:
'our MAILING address for return response by mail: Email:
Street or P.O. Box:
City: 'State: Zip Code:
[Section 2] PROPERTY INFORMATION:
*Physical Property Address: - W g Floor or Unit # (if applicable):
`Parcel Number(s): Property Owner Name (If different from applicant):
Current Annual Stormwater Utility Fee(s): $
[Section 3] STORMWATER PERMIT INFORMATION (please submit all relevant permit documentation as outlined in Manual):
Facility Permit #:
Granting Entity:
❑City of Zephyrhills (in Basin of Special
Concern)
El Southwest Florida Water Management
District (SWFWMD)
Facility Permit #:
Granting Entity.'
El City of Zephyrhills (in Basin of Special
Concern)
❑ Southwest Florida Water Management
District (SWFWMD)
Facility Permit #:
Granting Entity:
O City of Zephyrhills (in Basin of Special
Concern)
❑Southwest Florida Water Management
District (SWFWMD)
Is the stormwater management system being maintained in accordance with permit requirements? El Yes El No ❑ Unsure
[Section 4] MITIGATION CREDITS:
Mitigation credits are associated with the construction, operation, and maintenance of privately owned stormwater
management systems that provide benefit to the City by reducing runoff into the City maintained system. Mitigation
credit classifications and their maximum allowed percentages (%) are as follows:
1. Stormwater Management System Credit: A credit of 25% of the stormwater utility assessment may be granted to
properties, and/or within a common development, that have a stormwater management system that meets the current design
standards and has an approved or self -certified Environmental Resource Permit (ERP) issued by the Southwest Florida Water
Management District (SWFWMD). Current design standards are those set forth in the ERP Applicant's Handbook Volume II
adopted by SWFWMD effective October 31, 2025, as may be amended, or the City of Zephyrhills' Basin of Special Concern
Ordinance, whichever is more stringent.
OR BK 11459 PG 2669 Page 14 of 15
® Stormwater 1 Public Works Department ty of Attn: Stormwater Creditv,
Zephyr 1 I 1 i iii 39421 South Avenue
Zephyrhills, FL 33542
(813) 780-0022 Ext. 3574
Aknoechelman ephyrhills.gov
[Section 5] RESTRICTIONS & REQUIREMENTS:
The following restrictions and requirements apply to the above mitigation credits:
• No public or private property shall receive credit to offset fees for any condition or activity unrelated to the City's
cost of providing stormwater management services.
• Credit shall only be given to the specific parcel(s) listed on this form. Additional Parcel Identification Numbers can
be attached to this application on a separate piece of paper.
• Credits may be effective for 60 months requiring inspection or recertification to continue to receive the credit.
• All applications must be accompanied by the appropriate documentation supporting the mitigation credit
classification requested as outlined in the Stormwater Utility Assessment Mitigation Credit Policy Manual.
Incomplete or inaccurate information submitted on this form may cause the application to be rejected and no Stonnwater Mitigation
Credit to be applied. The Applicant hereby states that, by submitting this form, the information provided is true and correct to the best of
the Applicant's knowledge and the Applicant understands that submitting this application does not guarantee approval of a mitigation credit.
Submit this application and additional supporting documentation by mail, fax, email, or in person, to the Public Works contact information
listed at the top of the form. The City Public Works Department will respond to the Applicant within sixty (60) days from the date of receipt.
'"Signature of Applicant: Date:
OR BK 11459 PG 2670 Page 15 of 15
r
This application is for a stormwater utility fee credit recertification, available for customers who have existing credits based upon privately owned
stormwater management systems on their property, and/or within a common development, that continue to treat and attenuate stormwater in accordance with
the Stormwater Utility Assessment Mitigation Credit Policy Manual.
VREtUtREO Idriton)
[Section 1] CONTACT INFORMATION (Property Owner or Authorized Representative):
'Applicant's Name: Daytime Phone #:
*Company or Business Name:
Your MAILING address for return response by: Email:
Street or P.O. Box:
`City: `S State: `Zip Code:
[Section 2] PROPERTY INFORMATION:
'Physical Property Address: Floor or Unit # (if applicable):
Parcel Number(s): "Property Owner Name (If different from applicant): _______-
Current Annual Stormwater Utility Fee(s): $
(Section 3] DOCUMENTATION REQUIRED:
The following documentation is required to obtain credit recertification:
1. Valid and current permits granted by the Southwest Florida Water Management District (SWFWMD) or the City
of Zephyrhills are acceptable evidence to recertify the credit
2. Current inspection/maintenance reports for the stormwater management system.
3. Design plans or as -built drawings for the stormwater management system.
4. Current Operation and Maintenance (O&M) Plan for the stormwater management system.
5. Current O&M budget for the stormwater control device.
"Is the stormwater management system being maintained in accordance with permit requirements? O Yes O No O Unsure
Incomplete or inaccurate Infonmation submitted on this form may cause the application to be rejected and the Stonnwater Mitigation
Credit to not be recertified The Applicant hereby states shat by submitting this form, the Information provided is true and correct to the
beat of the Applicant's knowledge and the Applicant understandb that submitting this application does not guarantee approval of a mitigation
credit
Submit this application and edoYtlone! supporting documentation by mail, fawn, email, or in person, to the Public Works contact Information
listed at the top of the form. The City Public Wor*s Department will respond to the Applicant within sbrty (60) days from the date of receipt
$Signature of Applicant: -Date:
CITY USE ONLY
Date Received: Date Reviewed:
Required Documentation Received: DYes 0 No
Mitigation Credit Recertified: ❑Yes ❑No
Reviewer Name/Title/Signature:
ZVJrJrMHS caner Raeargkaa=Applmati