Fort Walton Beach Council agenda — 06-17-08 special agenda — reading text

12 MITIGATION; PROVIDING FOR PENALTIES; RESOLVING CONFLICTING 13 PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. 14 15 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 16 CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 17 18 SECTION 1. AUTHORITY 19 The authority for enactment of this ordinance is pursuant to section 2 of the City Charter, 20 and sections 166. 021( 1) and 403. 0893 of the Florida Statutes ( 2007). 21 22 SECTION 2. INTENT & FINDINGS 23 A. The State of Florida has adopted stormwater management legislation which 24 encourages proper management of stormwater runoff and water quality. Section 403. 891, F. S., 25 requires local governments to establish a stormwater management program. Section 403. 0893( 1- 26 2), F. S., authorizes the City to create a stormwater utility and adopt stormwater utility fees 27 sufficient to plan, construct, operate and maintain stormwater management infrastructure 28 throughout the City, and to establish and set aside, as a continuing source of revenue, and other 29 funds sufficient to plan, construct, operate, and maintain a stormwater management system 30 throughout the City. 31 Section 403. 0893( 3), Florida Statues, requires that stormwater utility fees shall be 32 calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater 33 management systems called for in the program and that the cost of operating and maintaining all 34 stormwater management systems, and financing existing and future necessary repairs, 35 replacements, improvements, and extensions thereof, should, to the extent practicable, be 36 allocated in relationship to the benefits enjoyed and services received by the user. 37 38 B. The City has determined that the creation of a stormwater management system 39 and adoption of this Ordinance is necessary to protect the health, safety, and welfare of the 40 citizens of the City. The City of Fort Walton Beach, Florida, finds that uncontrolled drainage and 41 development of land has a significant adverse impact upon the health, safety, and welfare of the 42 citizens of the City of Fort Walton Beach, Florida. Further, the City finds more specifically as 43 follows: 44 ( 1) Stormwater runoff is capable of carrying pollutants into receiving bodies, thereby 45 degrading water quality;  1( 2) The increase in nutrients, such as phosphorous and nitrogen, accelerates 2 eutrophication of receiving water bodies, thereby adversely affecting flora and fauna; 3.( 3) Improperly channeling water increases the velocity of stormwater runoff, thereby 4 increasing erosion and sedimentation; 5( 4) Construction requiring the alteration of natural topography and removal of vegetation 6 tends to increase erosion; 7( 5) Siltation of water bodies resulting from increased erosion decreases the capacity of 8 said water bodies to hold and transport water, interferes with navigation and harms flora and 9 fauna; 10 ( 6) Impervious surfaces increase the volume and rate of stormwater runoff, and allow less 11 water to percolate into the soil, thereby decreasing groundwater recharge; 12 ( 7) Improperly managed stormwater runoff may increase the incidents of flooding and the 13 level of floods which occur, thereby endangering property and human life; 14 ( 8) Improperly managed stormwater runoff may interfere with the maintenance of 15 optimum salinity in estuarine areas, thereby disrupting biological productivity; 16 ( 9) Substantial economical losses may result from such adverse impacts upon the waters 17 of the City of Fort Walton Beach ecosystem; and 18 ( Sound stormwater utility management practices result in the avoidance of future 10) 19 problems concerning the development of land and the maintenance of the quality of the City of 20 Fort Walton Beach environment. 21 22 C. The City desires to develop a Fort Walton Beach Stormwater Management 23 Program, to be responsible for the operation, construction, and maintenance of stormwater 24 devices; for stormwater system planning; for review of development plans for compliance with 25 stormwater management codes; and for surface water quality management. The purpose of the 26 Program is to protect, maintain, and enhance the immediate and the long term health, safety, and 27 general welfare, of the citizens of the City. 28 29 30 SECTION 3. ENACTMENT OF CHAPTER 10. 521 OF THE CODE OF ORDINANCES 31 Volume II of the Code of Ordinances is amended to add chapter 10. 521, entitled 32 Stormwater Management Utility, as follows. 33 34 10. 521. 00 Intent 35 It is the intent of this chapter that the City will establish a stormwater 36 management program pursuant to § 403 0891, F. S., and a stormwater management as a 37 City utility enterprise in accordance with § 403 0893, F. S. The City shall establish user 38 fees for stormwater management service to be charged to all developed properties within 39 the City that contributes stormwater runoff to the City's stormwater management systems 40 to accomplish the functions of such utility. These functions include, but are not limited 41 to,maintenance, planning, design, construction, regulation, surveying, and inspection as 42 thev relate to stormwater management facilities of the City. 43 44 45 2  1 10. 521. 01 Definitions 2 For the purposes of this chapter, the following terms shall have the meaning set 3 forth. 5 Best management practices (BMPs) The schedules of activities, prohibitions of practices, 6 maintenance procedures, and other management practices to prevent or reduce the 7 pollution of waters of the United States BMPs also include treatment requirements, 8 operating procedures, and practices to control facility site runoff, spillage or leaks, sludge 9 or waste disposal, or drainage from raw material storage. 10 11 Equivalent Residential Unit (fRU). A reference from which an equitable distribution of 12 the cost of services and facilities can be made among all properties in the Cily through a 13 stormwater management service charge rate methodology. The equivalent residential 14 unit in the City for the purpose of service charge ratemaking has been determined through 15 engineering _analysis _ to be a gross area of 2, 700 square feet of effective impervious area. 16 17 Impervious areas Surfaces which have been compacted or covered with a laver of 18 material which is highly resistant to infiltration by water, such as roofed and paved areas, patios, 19 including, but not limited to, areas covered by roofs, roof extensions, slabs, 20 porches, driveways, sidewalks, parking areas and athletic areas. It shall also include semi - 21 impervious areas, such as compacted clay. 22 23 Lot A parcel of land shown on a recorded plat or on the Okaloosa County Property 4 Appraiser's maps, or any piece of land described by deed and recorded in the Public 15 Records of Okaloosa County, Florida. 26 27 Municipal separate storm sewer system ( MS4) A conveyance, storage area or system of 28 conveyances and storage areas ( including, but not limited to, stormwater sewers, inlets, 29 manholes, catch basins, drainage facilities, curbs and gutters, roadways, culverts, 30 channels, conduits, drainage ditches, drains, swales, washes, gullies, ravines, canals, 31 streams, creeks, rivers, waterways, waters of the state, floodways, floodplains, wetlands, 32 lakes, _ ponds ( natural or artificial), reservoirs, stormwater management facilities, sediment settling ponds, and 33 stormwater detention ponds stormwater retention ponds, 34 - ay or easements for any of the preceding) owned or other structural BMPs, and right -of w 35 operated by local government that discharges to waters of the United States or other 36 MS4s, that is designed solely for collecting, treating or conveying stormwater, and that is 37 not part of a publicly owned treatment works ( POTWI as defined in 40 United States 38 Code of Federal Regulations ( CFR) 122. 2, or amendments thereto. 39 40 NPDES The National Pollutant Discharge Elimination System defined in 40 CFR 122. 2. 41 42 NPDES permit The permit numbered FLR 04E061, issued to the City by the Florida 43 Department of Environmental Protection, as it may be amended or supplemented from 44 time to time in the future, and successor permits. 45  Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes biological materials, radioactive materials ( except those regulated under the Atomic Energy Act of 1954, as amended, 42 USC 2011 et seq..),heat, wrecked or damaged equipment, rock, sand, or industrial municipal and agricultural waste discharged into the MS4 7 ProperU owner. The person who has fee ownership, dominion, or title of real property 8 This term may also include a tenant and any agent of the owner or tenant, including the 9 developer. 10 11 Runoff. surface flow of water, which results from, and occurs following, a rainfall 12 event. 13 14 10. 521. 02 Stormwater Management Program 15 The City hereby directs the City Manager to develop and implement a Stormwater 16 Management Program. The Stormwater Management Program shall be instituted within 17 the incorporated areas of the City to plan, design, construct, maintain, and manage 18 stormwater operations and improvements The objectives of such program shall be to: 19 20 ( a) Establish a Stormwater Management Program mutually compatible with those 21 developed by the Florida Department of