Fort Walton Beach Council agenda — 06-03-08 workshop agenda — reading text

operate and maintain stormwater management infrastructure 6 throughout the City, and to establish and set aside, as a continuing source of revenue, and other 7 funds sufficient to plan, construct, operate, and maintain a stormwater management system 8 throughout the City. 9 Section 403. 0893( 3), Florida Statues, requires that stormwater utility fees shall be 10 calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater 11 management systems called for in the program and that the cost of operating and maintaining all 12 stormwater management systems, and financing existing and future necessary repairs, 13 replacements, improvements, and extensions thereof, should, to the extent practicable, be 14 allocated in relationship to the benefits enjoyed and services received by the user. 15 16 B. The City has determined that the creation of a stormwater management system 17 and adoption of this Ordinance is necessary to protect the health, safety, and welfare of the 18 citizens ofQhe City. The City of Fort Walton Beach, Florida, finds that uncontrolled drainage and 19 development of land has a significant adverse impact upon the health, safety, and welfare of the 20 citizens of the City of Fort Walton Beach, Florida. Further, the City finds more specifically as 21 follows: 22 ( 1) stormwater runoff is capable of carrying pollutants into receiving bodies, thereby 23 degrading water quality; 2  The increase in and nitrogen, accelerates 1( 2) nutrients, such as phosphorous 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 runoffmay 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 ( 10) Sound stormwater utility management practices result in the avoidance of future 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 3  I devices; for stormwater system planning; for review of development plans for compliance with 2 stormwater management codes; and for surface water quality management. The purpose of the 3 Program is to protect, maintain, and enhance the immediate and the long term health, safety, and 4 general welfare, of the citizens of the City. 5 6 SECTION 3. ENACTMENT OF CHAPTER 10.521 OF THE CODE OF ORDINANCES 7 Volume II of the Code of Ordinances is amended to add chapter 10.521, entitled 8 Stormwater Management Utility, as follows. 0 10 10.521. 00 Intent 11 It is the intent of this chapter that the city will establish a stormwater management 12 pursuant to § 403 0891, F S , and a.stormwater management as a city utility program _ 13 enterprise in accordance with § 403 0893, F S The City shall establish user fees for 14 stormwater management service to be charged to all developed property within the city 15 that contributes stormwater runoff to the city's stormwater management systems to 16 accomplish the functions of such utility. These functions include, but are not limited to 17 maintenance, planning, design., construction, regulation, surveying, and inspection as they 18 relate to stormwater management facilities of the city. 19 W 21 10. 521. 01 Definitions 22 For the purposes of this chapter, the following terms shall have the meaning set 23 forth. 4  I Best management practices (BMPs. The schedules of activities, prohibitions of practices, 2 maintenance procedures, and other management practices to prevent or reduce the 3 pollution of waters of the United States. BMWs also include treatment requirements, 4 operating procedures, and practices to control facility site runoff, spillage or leaks, sludge 5 or waste disposal, or drainage from raw material storage 7 Equivalent Residential Unit (ER (D. A reference from which an equitable distribution of 8 the cost of services and facilities can be made among all properties in the City through a 9 stormwater management service charge rate methodology. The equivalent residential 0 unit in the City for the purpose of service charge ratemaking has been determined through 11 engineering analysis to be a gross area of 2,700 square feet of effective impervious area. 12 13 Impervious areas. Surfaces which have been compacted or covered with a layer of 14 material which is highly resistant to infiltration by water, such as roofed and paved areas, 15 including, but not limited to, areas covered by roofs, roof extensions, slabs, patios, 16 porches, driveways, sidewalks, parking areas and athletic areas It shall also include semi - 17 impervious areas, such as compacted clay. 18 19 Lot. A parcel of land shown on a recorded plat or on the Okaloosa County Property 20 A,ppraiser's maps, or My piece of land described by deed and recorded in the Public 21 Records of Okaloosa County, Florida. 22  I Municipal separate storm sewer system ( MS4) A conveyance, storage area or system of 2 conveyances and storage areas ( including, but not limited to, stormwater sewers, inlets, 3 manholes, catch basins, drainage facilities, curbs and gutters, roadways, culverts, 4 channels, conduits, drainage ditches, drains, swales, washes, gullies, ravines, canals 5 streams, creeks, rivers, waterways, waters of the state, #loodways, floodplains wetlands, 6 lakes, ponds ( natural or artificial), reservoirs, stormwater management facilities, 7 stormwater detention ponds, stormwater retention ponds, sediment settling ponds, and 8 other structural BMPs, and right -of w - ay or easements for any of the preceding )owned or 9 operated by local government that discharges to waters of the United States or other 10 MS4s, that is designed solely for collecting, kp tm or convening stormwater, and that is 11 not part of a publicly owned treatment works ( P4 as defined in 40 United States 12 Code of Federal Regulations CFR 122.2, or amendments thereto 13 14 NPDES. The National Pollutant Discharge Elimination Svstem defined in 40 CFR 122.2. 15 16 NPDES permit. The permit numbered FLR 04E061, issued to the City by the Florida 17 Department of EnvironmentaWrotection, as it may be amended or supplemented from 18 time to time in the future, and successor permits. 19 20 Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, 21 garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive 22 materials ( except those regulated ated under the Atomic Energy Act of 1954, as amended, 42  1 USC 2011 et seq.), heat, wrecked or damaged _equipment, rock, sand, or industrial, 2 municipal and agricultural waste discharged into the MS4 3 4 Property owner. The person who has fee ownership, dominion, or title of real property._ 5 This term may also include a tenant and any agent of the owner or tenant, including the 6 developer. 7 8 Runoff' The surface flow of water, which results from, and occurs following, a rainfall 9 event. HUI, 11 10. 521. 02 Stormwater Management Program 12 The City hereby directs the City Manager to develop and imylement a StonYnwater 13 The Stormwater Management Pro Management Pro rm. am shall be instituted within 14 the incorporated areas of the City to `plan, design, construct, maintain, and manage 15 stormwater operations and improvements. The objectives of such program shall be to 16 17 Ua Establish a Stormwater Management Program mutually compatible with those 18 developed by the Florida Department of Environmental Protection, the Northwest Florida 19 Water Management District, and other local governmental entities, 20 21 ( b) Develop a ci - wide Stormwater Management Program responsible for the 22 construction, operation, and maintenance of stormwater devices; for stormwater system 7  I planning; for review of development plans for compliance with stormwater management 2 codes; and for surface water quality management; 3 4( c) Recommend stormwater utility user fees sufficient to plan, construct, operate, and 5 maintain stormwater management systems, 31 7( d) Recommend the establishment and setting aside, as a continuing source of revenue, 8 other funds sufficient to plan, construct, operate, and maintain the City' s stormwater 9 managementsystems; 10 11 ( e) Protect, restore, and maintain the chemical, physical, and biological integrity of 12 communi waters 13 14 ( fl Assist in preventing individuals, business organizations, and governments from 15 causing harm to the community, by activities which adversely affect water resources, 16 17 ( g) Encourage the construction of drainage systems which aesthetically and functionally 18 approximate natural systems; 19 20 ( h) Encourage the protection of natural systems, and the use of such natural systems in 21 ways which do not impair their