Clay County: Business Impact Estimate
Proposed Ordinance’s Title
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA, RELATING TO STORMWATER MANAGEMENT SERVICES, STORMWATER IMPROVEMENTS AND STORMWATER PROGRAMS; ESTABLISHING THE CLAY COUNTY STORMWATER UTILITY AND ASSESSMENT ORDINANCE AND AMENDING THE CLAY COUNTY CODE BY ADDING A NEW CHAPTER 20 ESTABLISHING A STORMWATER UTILITY AND PROVIDING FOR: THE CREATION OF STORMWATER ASSESSMENT AREAS; THE IMPOSITION AND COLLECTION OF STORMWATER ASSESSMENTS TO FUND STORMWATER MANAGEMENT SERVICES AND STORMWATER IMPROVEMENTS WITHIN A STORMWATER ASSESSMENT AREA; AND THE ISSUANCE OF OBLIGATIONS; AND BY AMENDING ARTICLE V.5 OF CHAPTER 18.3, CAPITAL IMPROVEMENTS SPECIAL ASSESSMENTS, THE CODIFICATION OF ORDINANCE 2003-69, AS AMENDED BY ORDINANCE 2019-32, TO REPEAL SECTION 18.3-135 RELATING TO HARDSHIP ASSISTANCE AND SECTION 18.3-136 RELATING TO EXEMPTION FOR VETERANS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with Section 125.66 (3), Florida Statutes.
1. A summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the County:
The proposed ordinance is to amend the Clay County Code to establish a stormwater utility and impose a stormwater assessment. The stormwater assessment would generate funds to fund the County’s maintenance and improvements to its stormwater management system which serves to protect the public health, safety, and welfare of the County.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the County, including the following, if any:
a. An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted:
The proposed stormwater assessment would be collected as a non-ad valorem assessment through the Clay County Tax Collector’s Office. No direct compliance costs would be added because the stormwater assessment would be paid as part of the existing collection process.
b. Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible:
The proposed stormwater assessment represents a new charge that would be paid by property owners, including businesses, which have more than 400 square feet of impervious area located on their property. The actual cost to a particular business varies based on the number of Equivalent Residential Units (ERU) located on the tax parcel(s) owned by the business. Each ERU, or fraction thereof, would be assessed at a rate of $85 per year.
c. An estimate of the County’s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs:
The County estimates its regulatory costs, including collection costs and statutory discounts, to be $624,371 in the first fiscal year of the program, and expects to collect $8,218,308 to fund stormwater management services and stormwater improvements throughout unincorporated Clay County.
3. A good faith estimate of the number of businesses likely to be impacted by the ordinance:
The proposed ordinance would impact those businesses in the County that own property on which there are more than 400 square feet of impervious area. Of the 93,514 parcels presently identified to be assessed, 85,048 are residential parcels, leaving 8,466 non-residential parcels to be assessed. Understanding that there are some residential properties owned by businesses, and that a single business may own multiple non-residential parcels, it is estimated that approximately 10,000 businesses are likely to be impacted by the proposed ordinance.
4. Any additional information the board determines may be useful:
An audit and review of the County’s stormwater management program revealed a lack of funding to meet its regulatory obligations. To meet program deficiencies and position the County for long-term regulatory compliance and management of its stormwater management system, it was recommended to establish a stormwater utility and stormwater assessments.
