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

1)Minimize the transport of pollutants to community waters~ k) Maintain or restore groundwater levels~ Protect. maintain. or to restore natural salinity levels in estuarine areas~ l) m) Minimize erosion and sedimentation~ n) Prevent damage to wetlands~ 0) Prevent damage from flooding. while recognizing that natural fluctuations in water levels are beneficial~ p) Protect. restore. and maintain the habitat of fish and wildlife~ q) Ensure the attainment of these obiectives by requiring the approval and implementation of a Stormwater Management Program for all activities adversely impacting community waters~ r) Ensure cooperative efforts toward ioint development of compatible and efficient stormwater management vrograms in adiacent iurisdictions~ s) Ensure the City' s compliance with all requirements of the NPDES permit. 10. 521.03 STORMW ATER MANAGEMENT UTILITY USER FEE There is hereby created a stormwater management utility user fee to be charged for the provision of stormwater management services to properties with impervious surfaces and developed properties with improvements or uses that contribute stormwater runoff to the City's stormwater management systems. Such user fees shall be used only to accomplish the functions of the stormwater management program and utility. Such user fees shall be a monthly fee as established by a separate resolution and set forth in the Comprehensive Fee Schedule. in accordance with the following methodology. a) Single- familv residential prooertv. Each single- family property. including those properties with up to four residential units. shall be considered one ERU for billing purposes. Monthly service charges for each single- family dwelling unit shall be identical. b) Other properties. All other properties shall be charged a user fee equivalent to the following formula: Base ERU = Total impervious surface on property divided by the residential ERU of 2. 700 or one ( 1) ERU. whichever is greater. 5 10. 521.04 Exemptions City-owned lots or parcels. public road rights- of-ways. vacant lots or parcels. and undeveloped lots or parcels shall be classified as exempt from stormwater utility user fees. 10. 521.05 Ri2ht of Refusal to Connect To Utility: Procedures Any property owner responsible for paving the stormwater user fee. who chooses not to use stormwater management program services. may elect to develop their property in a manner that retains all run- off on- site and prevents discharge to the City' s stormwater infrastructure. The property owner must verify retention of all stormwater on- site by submitting. for review and approval by the City. certified engineering drawings and calculations demonstrating that one hundred ( 100) percent of the total volume of runoff from the property will be retained within the property. The engineering calculations shall be based on runoff volumes from the one- hundred- year frequency rainfall event. for the following durations: one ( 1). two ( 2).four ( 4). eight ( 8) and twenty- four ( 24) hours and one ( 1). two ( 2). three ( 3). four ( 4).seven ( 7) and ten ( 10) days. 10. 521.06 Miti2ation Credits Stormwater fee credits of up to fifty percent ( 50%) may be given to developed properties. demonstrating stormwater control and management facilities which generate less volume of runoff and apply Best Management Practices ( BMPs) to improve surface water quality. The amount of each available credit shall be adopted by separate resolution and set forth in the City' s Comprehensive fee schedule. Credits will be awarded on a four- year basis and each property owner must reestablish the right to a credit every four 4) years. A property owner may apply for a credit by submitting application for an credit. on a form approved by the City Manager. along with certified engineering drawings and calculations sufficient enough to evaluate a claim for credit. 10. 521. 07 Collection of Fees Stormwater utility fees shall be collected and enforced in the same manner that water. wastewater. and solid waste fees are collected and enforced. Failure to timely pay the monthly stormwater utility fees will result in the termination of water service to the subiect property in accordance with section 10. 53. 02. of the City' s Code. as amended. The City may. at its discretion. submit a separate notice to a property owner of the annual stormwater utility fees imposed on that owner' s property if such notice will facilitate the billing and collection of imposed fees. 10. 521.08 Stormwater Utility Fund There shall be established a stormwater utility fund for the deposit of all fees collected pursuant to this ordinance for the Stormwater Management Program. The stormwater utility fund shall be used exclusively to provide services and facilities related 6  to the Stormwater Management Program and for the following expenditures: operation or maintenance of stormwater management facilities~ costs for the planning. evaluation. design. construction. and management of the Stormwater Management Program~ administrative costs related to the management of the Stormwater Management Program~ management services. such as permit review and planning and development review related to the Stormwater Management Program~ debt service financing of capital improvements related to the Stormwater Management Program. 10. 521.09 and Enforcement Inspection.. Compliance.. The City' s Code Inspectors and other City staff as required. upon presentation of proper identification. shall be granted access for inspection of facilities. structures. or properties. discharging or suspected of discharging to the City's MS4 or waters of the United States in order to effectuate the provisions of this ordinance. investigate violations or complaints of potential violations of the terms of this ordinance. and to collect samples for review and analysis. All structures and processes which allow discharges to the City's MS4. as well as records concerning them. shall be made accessible to authorized personnel for this purpose. SECTION 4. CONFLICTS If any ordinance or parts of any ordinance are In conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION 5. SEVERABILITY If any provision, section, paragraph, sentence, clause, or portion of this ordinance, or the application thereof to any person or circumstance, is, for any reason, held invalid by a court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining provisions or portions. SECTION 6. PENAL TIES Violations of this ordinance shall be subject to enforcement and penalties as provided in chapter 1. 05 of the City' s Code. SECTION 7. EFFECTIVE DATE This ordinance shall become effective immediately upon its adoption by the City Council. tCu/c1~, A., a:Jfr kklfr./A.- A ed Mike Anderson, Mayor 7 Attest: Approved for form and legal sufficiency: H~ c1~~ cA Codification Instructions: Sections 1, 2, 4, 5, 6, 7: not codified. Section 3: codified as chapter 10. 521 as indicated. DISPOSITION 8  C-. legal 4404 .. . < --- I Daily Ne,vs CITY O~ FQR1\NAlTON H, FlORIDA BEA<: NQTICE OF PUBLIC EARI~~<. r;,~ Published Daily A puiCid. HEARiNG W.ill b~ ld . on: folloWing hE:! thE:! Fort \Valton Beach~ Florida ed~ oBP~p. m. Of~..ioaru~ nF~ < at Counties o.. sdaYl& on. i1 " Distributeq in Okaloosa, Santa Rosa & \ Valton Jun~', 24, ..20:0~!,. il;l.. tne il" c::, ounj::I1am~ Ftpt For. t, Walton ~~ ci~ ij>;c;iiy., H(] II,. ! rM,rade;, Str:ip', Park. lQ/;; i C... State of Florida } g. r&!........:.,. 1