WATER QUALITY COMPENSATORY CREDITS

Jacksonville Ordinance Code tit. XXI, ch. 754, pt. 3

in effect

Jacksonville Ordinance Code § 754.301 Intent.

Sec. 754.301. - Intent. It is the intent of the City to effectively manage the quantity of stormwater facilities and ponds constructed by developers within the City. The City desires to offer stormwater facility water quality compensatory credits for sale to developers, or provide such credits to developers as redevelopment agreement incentives, as an alternative solution to meeting the stormwater facility water quality requirements for drainage improvement projects within the City. (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.302 Definitions.

Sec. 754.302. - Definitions. For purposes of this Part, the terms defined below shall have the following meanings: (1) CAO shall mean the City's Chief Administrative Officer. (2) City Stormwater Permit shall mean the St. Johns River Water Management District permit for each applicable Stormwater Management Facility, as such permit may be amended. (3) Developer the owner of a development project seeking Credits under this Part. (4) Development project shall mean a development project located within the City. (5) Director shall mean the Director of the Public Works Department or designee. (6) Stormwater Facilities or Stormwater Facility shall mean a City owned facility or facilities that meet the definitions in Sections 754.102(cc), (dd), (ee) and (ff) of Chapter 754, Part 1 of the Ordinance Code. (7) Water Quality Compensatory Credit(s) or Credit(s) shall mean intangible property interest being sold by the City pursuant to this Section that represents a certain portion of the City's surplus stormwater facility water quality compensatory credits under a City Stormwater Permit. (8) Water Quality Compensatory Credit Ledger or Ledger shall mean the ledger to be maintained by the Director and updated regularly as needed to document all Credit transfers made by the City pursuant to this Section. (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.303 Authority.

Sec. 754.303. - Authority. The Director is authorized to sell Water Quality Compensatory Credits to a developer for a fee for use in a development project or provide Credits to a developer as an incentive pursuant to a redevelopment agreement in accordance with the requirements of this Part, subject to the CAO's prior approval. (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.304 Credit application process.

Sec. 754.304. - Credit application process. A developer seeking to obtain Water Quality Compensatory Credits for a development project pursuant to this Part shall submit a written request to the Director. Such request shall contain at a minimum the following information and such other information as required by the Director: (1) Name and contact information, including address, phone number, fax number and email, for the developer; (2) Location and brief description of the development project; (3) Certified copy of the engineering plans for the development project; (4) Name and contact information, including address, phone number, fax number and email, for the engineer of record; and (5) Number of Water Quality Compensatory Credits requested by the developer to meet the stormwater facility water quality requirements for the development project. Upon receipt of a written request from a developer, the Director, or designee, shall review the request and determine the Credit fee pursuant to Section 754.305 below. At such time that the Director has determined the Water Quality Compensatory Credit fees for the development project, the Director shall notify the developer of the fees. If based on the fees the developer agrees to consummate the Credit sale, the Director shall proceed with obtaining the necessary approval from the CAO. In no event shall the City transfer Water Quality Compensatory Credits to a developer until the developer has (i) executed an agreement under Section 754.307 below and paid the City for such Credits (i.e., Credit sale); or (ii) complied with the terms of an executed redevelopment agreement regarding such Credits (i.e., Credit incentive). (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.305 Credit Fees.

Sec. 754.305. - Credit Fees. A developer shall pay a fee for each Credit sold pursuant to this Part. Such fee shall be determined by the Director based on the design costs, construction and inspection costs, and the ongoing operation and maintenance costs necessary to construct and maintain a stormwater facility or pond for the development project. (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.306 Proceeds from Credit Sale.

Sec. 754.306 - Proceeds from Credit Sale. Proceeds from the sale of Water Quality Compensatory Credits pursuant to this Part shall be deposited into a designated account within the Stormwater Services Capital Projects Fund. The appropriation of these funds from the Stormwater Services Capital Projects Fund shall require further City Council approval. (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.307 Agreement Terms.

Sec. 754.307. - Agreement Terms. Prior to or contemporaneously with the transfer of Water Quality Compensatory Credits pursuant to this Part, a developer shall agree via a agreement in a City approved form to: (1) Adhere to the terms and conditions of the City Stormwater Permit; (2) Provide for an option for the City to buy back the credits sold if they are not used within five years at the original price they were sold to the developer; and (3) Adhere to any other terms as determined by the Public Works Director to protect the City's interests under the City Stormwater Permit. The Mayor, or designee, and the Corporation Secretary are authorized to execute the agreements required pursuant to this Section. (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.308 Coordination; Credit Ledger.

Sec. 754.308. - Coordination; Credit Ledger. The Director shall be responsible for keeping and maintaining the Water Quality Compensatory Credit Ledger. The Ledger shall contain information regarding the transaction history and relevant details for all Credit transfers pursuant to this Part, including, but not limited to, the number of Credits transferred, the project name, the developer name, the Credit fee per transfer, and the balance of Credits remaining under a City Stormwater Permit. (Ord. 2020-628-E, § 1)

Jacksonville Ordinance Code § 754.309 Credits to run with the land; Transferability; Development Project Changes.

Sec. 754.309. - Credits to run with the land; Transferability; Development Project Changes. Water Quality Compensatory Credits transferred pursuant to this Part shall run with and be appurtenant to the development project land. A developer may assign or transfer Credits obtained pursuant to this Part in connection with the sale, assignment or transfer of the development project land. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development decreases, a developer shall not be entitled to receive a Credit reduction or Credit refund payment from the City. If after the Credit transfer date, the development project changes and the number of Credits necessary for such development increases, any appurtenant Credits to the development project land shall be used to meet the Credit requirements necessary for such changed development project. (Ord. 2020-628-E, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXXIPUWOUT_CH754STMAUTCO_PT3WAQUCOCRFetched: 10/27/2026