Fort Walton Beach Ordinance — 1768 Stormwater Management Program — reading text

ORDINANCE NO. 1768 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ADDING A NEW CHAPTER 10. 521 ENTITLED " STORMWATER MANAGEMENT UTILITY" TO THE CODE OF ORDINANCES; MAKING FINDINGS OF FACTS AND PURPOSE; AUTHORIZING A STORMWATER MANAGEMENT PROGRAM; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF STORMWATER RUNOFF; AUTHORIZING ESTABLISHMENT OF STORMWATER UTILITY USER FEES AND COLLECTIONS; AUTHORIZING CERTAIN PROPERTY OWNERS TO REFUSE SERVICE; AUTHORIZING ESTABLISHMENT OF CERTAIN CREDITS FOR MITIGATION; PROVIDING FOR PENALTIES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY The authority for enactment of this ordinance is pursuant to section 2 of the City Charter, and sections 166. 021( 1) and 403. 0893 of the Florida Statutes ( 2007). SECTION 2. INTENT & FINDINGS A. The State of Florida has adopted stormwater management legislation which encourages proper management of stormwater runoff and water quality. Section 403. 891, F. S., requires local governments to establish a stormwater management program. Section 403. 0893( 1- 2), F. S., authorizes the City to create a stormwater utility and adopt stormwater utility fees sufficient to plan, construct, operate and maintain stormwater management infrastructure throughout the City, and to establish and set aside, as a continuing source of revenue, and other funds sufficient to plan, construct, operate, and maintain a stormwater management system throughout the City. Section 403. 0893( 3), Florida Statues, requires that stormwater utility fees shall be calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater management systems called for in the program and that the cost of operating and maintaining all stormwater management systems, and financing existing and future necessary repairs, replacements, improvements, and extensions thereof, should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received by the user. B. The City has determined that the creation of a stormwater management system and adoption of this Ordinance is necessary to protect the health, safety, and welfare of the citizens of the City. The City of Fort Walton Beach, Florida, finds that uncontrolled drainage and development of land has a significant adverse impact upon the health, safety, and welfare of the citizens of the City of Fort Walton Beach, Florida. Further, the City finds more specifically as follows: 1) Stormwater runoff is capable of carrying pollutants into receiving bodies, thereby degrading water quality; 1  2) The increase in nutrients, such as phosphorous and nitrogen, accelerates eutrophication of receiving water bodies, thereby adversely affecting flora and fauna; 3) Improperly channeling water increases the velocity of stormwater runoff, thereby increasing erosion and sedimentation; 4) Construction requiring the alteration of natural topography and removal of vegetation tends to increase erosion; 5) Siltation of water bodies resulting from increased erosion decreases the capacity of said water bodies to hold and transport water, interferes with navigation and harms flora and fauna; 6) Impervious surfaces increase the volume and rate of stormwater runoff, and allow less water to percolate into the soil, thereby decreasing groundwater recharge; 7) Improperly managed stormwater runoff may increase the incidents of flooding and the level of floods which occur, thereby endangering property and human life; 8)Improperly managed stormwater runoff may interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting biological productivity; 9) Substantial economical losses may result from such adverse impacts upon the waters of the City of Fort Walton Beach ecosystem; and 10) Sound stormwater utility management practices result in the avoidance of future problems concerning the development of land and the maintenance of the quality of the City of Fort Walton Beach environment. C. TheCity desires to develop a Fort Walton Beach Stormwater Management Program, to be responsible for the operation, construction, and maintenance of stormwater devices; for stormwater system planning; for review of development plans for compliance with stormwater management codes; and for surface water quality management. The purpose of the Program is to protect, maintain, and enhance the immediate and the long term health, safety, and general welfare, of the citizens of the City. SECTION 3. ENACTMENT OF CHAPTER 10. 521 OF THE CODE OF ORDINANCES Volume II of the Code of Ordinances is amended to add chapter 10. 521, entitled Stormwater Management Utility, as follows. 10. 521.00 Intent It is the intent of this chapter that the City will establish a stormwater management program pursuant to & 403. 0891. F. S.. and a stormwater management as a City utility enterprise in accordance with & 403. 0893. F. S. The City shall establish user fees for stormwater management service to be charged to all developed properties within the City that contributes stormwater runoff to the City's stormwater management systems to accomplish the functions of such utility. These functions include. but are not limited to. maintenance. planning. design. construction. regulation. surveying. and inspection as they relate to stormwater management facilities of the City. 2 10. 521.01 Definitions For the purposes of this chapter. the following terms shall have the meaning set forth. Best management practices ( BMPs). The schedules of activities. prohibitions of practices. maintenance procedures.and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements. operating vrocedures. and practices to control facility site runoff. spillage or leaks. sludge or waste disposaL or drainage from raw material storage. Equivalent Residential Unit (ERU). A reference from which an equitable distribution of the cost of services and facilities can be made among all properties in the City through a stormwater management service charge rate methodology. The equivalent residential unit in the City for the vurpose of service charge ratemaking has been determined through engineering analysis to be a gross area of 2. 700 square feet of effective impervious area. Impervious areas. Surfaces which have been compacted or covered with a layer of material which is highly resistant to infiltration by water. such as roofed and paved areas. including. but not limited to. areas covered by roofs. roof extensions. slabs. patios. porches. driveways. sidewalks. parking areas and athletic areas. It &~ all also include semi- impervious areas. such as compacted clay. Lot. A parcel of land shown on a recorded plat or on the Okaloosa County Property Appraiser' s maps. or any piece of land described by deed and recorded in the Public Records of Okaloosa County. Florida. Municipal separate storm sewer svstem ( MS4). A conveyance. storage area or system of conveyances and storage areas ( including. but not limited to. stormwater sewers. inlets. manholes. catch basins. drainage facilities. curbs and gutters. roadways. culverts. channels. conduits. drainage ditches. drains. swales. washes. gullies. ravines. canals. streams. creeks. rivers. waterways. waters of the state. floodways. floodplains. wetlands. lakes. ponds ( natural or artificial). reservoirs. stormwater management facilities. stormwater detention ponds. stormwater retention ponds. sediment settling ponds. and other structural BMPs. and right- of-way or easements for any of the preceding) owned or operated by local government that discharges to waters of the United States or other MS4s. that is designed solely for collecting. treating or conveying stormwater. and that is not part of a publicly owned treatment works ( POTW) as defined in 40 United States Code of Federal Regulations ( CFR) 122.2. or amendments thereto. NPDES. The National Pollutant Discharge Elimination System defined in 40 CFR 122. 2. NPDES permit. The permit numbered FLR 04E061. issued to the City by the Florida Department of Environmental Protection. as it may be amended or supplemented from time to time in the future. and successor permits. 3 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 damaged equipment. rock. sand. or industriaL or municipal and agricultural waste discharged into the MS4. Propertv owner. The person who has fee ownership. dominion. or title of real property. This term may also include a tenant and any agent of the owner or tenant. including the developer. Runoff. The surface flow of water. which results from. and occurs following. a rainfall event. 10. 521.02 Stormwater Management Program The City hereby directs the City Manager to develop and implement a Stormwater Management Program. The Stormwater Management Program shall be instituted within the incorporated areas of the City to plan. design. construct. maintain. and manage stormwater operations and improvements. The obiectives of such program shall be to: a) Establish a Stormwater Management Program mutually compatible with those developed by the Florida Department of Environmental Protection. the Northwest Florida Water Management District. and other local governmental entities~ b) Develop aCity-wide Stormwater Management Program responsible for the construction. operation. and maintenance of stormwater devices~ for stormwater system planning~ for review of development plans for compliance with stormwater management codes~ and for surface water quality management c) Recommend stormwater utility user fees sufficient to plan. construct. operate. and maintain stormwater management systems~ d) Recommend the establishment and setting aside. as a continuing source of revenue. other funds sufficient to plan. construct. operate. and maintain the City' s stormwater management systems~ e) Protect. restore. and maintain the chemicaL physicaL and biological integrity of community waters~ f)Assist in preventing individuals. business organizations. and governments from causing harm to the community. by activities which adversely affect water resources~ g) Encourage the construction of drainage systems which aesthetically and functionally approximate natural systems~ h) Encourage the protection of natural systems. and the use of such natural systems in ways which do not impair their beneficial functioning~ 4  n Encourage the use of drainage systems which minimize the consumption of electrical energy. or petroleum fuels. in order to move water. remove pollutants. and maintain said systems~