80-O-66ORDINANCE NO. b0- 0-(,G
AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA,
TO BE KNOWN AS THE STORM WATER MANAGEMENT AND CONSERVA-
TION ORDINANCE OF EDGEWATER, FLORIDA, FOR THE PURPOSE
OF PROTECTING THE PUBLIC HEALTH, SAFETY AND WELFARE
FROM THE DIMINUTION OF THE QUALITY AND QUANTITY OF WATER
IN THE CITY AND PROVIDING FOR ENFORCEMENT THROUGHOUT THE
CITY; DETERMINING CERTAIN ACTIVITIES REQUIRING PERMIT
APPLICATION; PROVIDING EXEMPTIONS; PROVIDING GENERAL RE-
QUIREMENTS FOR THE PROTECTION OF WATER RESOURCES; SETTING
FORTH PERMIT APPLICATION PROCEDURES; AUTHORIZING PROMUL-
GATION OF A FEE SCHEDULE; REQUIRING ADHERENCE TO APPROVED
PLANS; PROVIDING FOR MAINTENANCE; PROVIDING FOR ENFORCE-
MENT AND FOR PENALTIES FOR VIOLATION; PROVIDING A VARIANCE
PROCEDURE AND AN EMERGENCY EXEMPTION TO APPLY WHEN PROP-
ERTY IS IN IMMINENT PERIL; ALLOWING FOR VESTED RIGHTS;
PROVIDING FOR CONFLICT WITH OTHER LEGISLATION; CONTAINING
A SAVINGS PROVISION AND DEFINITIONS AND FURTHER PROVIDING
AN EFFECTIVE DATE.
WHEREAS, it has been determined by the Edgewater City Council
that the preservation of the water resources of Edgewater is critical to
the public health, safety and welfare, and
WHEREAS, uncontrolled storm water runoff causes erosion, sedimen-
tation and flooding and prevents recharge of the aquifer upon which the
L public depends for potable water, and
WHEREAS, it is necessary to impose reasonable restrictions to
control storm water runoff and conserve the water resources of Edgewater,
and
WHEREAS, the requirements hereafter will allow landowners reason-
able use of their property while promoting the following objectives:
1) protect the quantity and quality of ground and surface waters;
2)
perpetuate recharge into the groundwater system;
3)
prevent and reduce salt water intrusion;
4)
minimize the production of disease vectoring mosquitoes;
5)
reduce erosion loss of valuable topsoils and subsequent sedi-
mentation of surface water bodies;
6)
alleviate downstream flood hazards;
7)
prevent loss of life and property due to runoff from
rainfall;
8)
reduce the capital expenditures associated with flood
proofing and the installation and maintenance of storm
drainage systems; and
9)
minimize the adverse impact of development on the water
resources of the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION I: SHORT TITLE
This
Or nance shall be known and may be cited as "The Storm
OPTED
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Water Management and Conservation Ordinance of Edgewater, Florida".
SECTION II: INTENT
It is the intent of this Ordinance to allow landowners reason-
able use of their property provided storm water runoff rates and volumes
after development approximate existing pre -development conditions; and
precautions will be taken to prevent erosion, sedimentation and flooding.
SECTION III: DEFINITIONS
For the purposes of this ordinance, the following definitions
shall apply:
1. Words used in the singular shall include the plural, and
the plural, the singular; words used in the present tense
shall include the future tense.
2. The word "shall" is mandatory and not discretionary.
3. The word "may" is permissive.
4. Words not defined herein shall be construed to have the
meaning given by common and ordinary use as defined by
the latest edition of Webster's Dictionary.
5. Agricultural lands means those lands in any agricultural
use including forestry.
6. Applicant means any person applying for or who has been
granted a permit to proceed with a project.
7. Aquifer means an underground formation, group of formations,
or part of a formation that is permeable enough to transmit,
store or yield usable quantities of water.
8. Artificial Drainage System means any canal, ditch, culvert,
dike, storm sewer or other man-made facility which tends to
control the surface flow of water.
9. As -Built Plans means the amended site plans specifying the
I_ocaTt onsdimensiOns, elevations, capacities and capabilities
of structures or facilities as they have been constructed.
10. City means the City of Edgewater, Florida.
11. City Engineer means a registered professional engineer
employed by the City.
12. Clearing means the removal of trees and brush from a sub-
stantial part of the land but shall not include mowing.
13. Council, City Council means the City Council of the City of
EE&gewater, Flo- -
14. Discharge, Discharge Point means the outflow of water from
a project, site, aqui e�drainage basin or facility.
15. Drainage Sys tem, Natural Drainage System means surface streams
or swamps which convey water to natural points of discharge.
16. Enforcement Official means the City Engineer or his duly
appointed deputy responsible for enforcing the provisions
of this ordinance and insuring plan adherence during con-
struction phases.
17. Existing means the average condition immediately before
development or redevelopment commences.
r
18. Ground Water means water beneath the surface of the ground
wTiether or not flowing through known and definite channels.
19. Hydrographh means a graph of discharge versus time for a
selected outfall point.
21. Hydrologic cle means the movement of water through the
environment on, above and below the surface of the earth.
21. Land means the earth, air above, water below or on the sur-
face, and includes any begetation, improvements or structures
customarily regarded as land.
22. Natural Flow Pattern means the rate, volume and direction
of —the su-r—fa-ce of ground water flow occurring under natural
conditions for any given portion of the City of Edgewater.
23. Person means an individual, corporation, governmental agency,
5usiness trust, estate, trust, partnership, association, two
or more persons having a joint or common interest, or any
legal entity.
24. Project means the particular structures and improvements
proposed by the applicant on a particular land area which
are part of a common plan of development and shall include
the subdivision of land.
25. Project Initiation means all acts antecedent to actual con-
struction activities and includes, but is not limited to,
land clearing, utility construction and the like.
26. Rate means volume per unit of time.
27. Rech�ar a means the inflow of water into a project, site,
aquifer, drainage basin or facility.
28. Site Plan means the plan required to acquire a development,
construction, building or storm water permit which shows the
means by which the developer will conform with applicable
provisions of this ordinance and other applicable ordinances.
29. Structure means that which is built or constructed, an edi-
fice o.c 6uilding of any kind, or any piece of work artifi-
cially built up or composed of parts joined together in
some definite manner but shall not include fences or signs.
30. Subdivision means the division of a parcel of land, whether
improves unimproved, into three or more contiguous lots
or parcels of land, whether by reference to a plat, by metes
and bounds or otherwise, or, if the establishment of a new
street is involved, any division of such parcel. However,
the division of land into parcels of ten acres or more not
involving any change in street lines or public easements of
whatsoever kind is not to be deemed a subdivision for the
purposes of this ordinance. Subdivision includes a resu-
division and, when appropriate to the context, relates to
the process of subdividing or to the land subdivided.
31. volume means occupied space and is measured in cubic units.
32. Water means all water on or beneath the surface of the ground
or in the atmosphere, including natural or artificial water
courses, lakes, poinds, or diffused surface water and water
standing, percolating or flowing beneath the surface of the
ground, as well as all coastal waters within the City of
Edgewater.
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33. Water Detention Structure, Water Management Structure means
i itS` y which provie for storage of storm water runoff
and the controlled release of such runoff during and after a
flood or storm.
34. Water Retention Structure means a facility which provides
for storage of storm water runoff.
35. Wetlands means fresh or salt water marshes, swamps, bogs,
an wet woodlands, characterized by specific vegetational
types and plant communities, whether (1) flooded at all
times; (2) flooded only seasonally, or (3) having a water
table within six (6) inches of the ground surface for at
least three (3) months of the year.
SECTION IV: JURISDICTION.
This Ordinance shall apply in the incorporated areas of Edgewater,
Florida, as authorized by the Edgewater City Charter.
SECTION V: PROHIBITION.
No person may subdivide or make any changes in the use of land
or construct or reconstruct a structure or change the size of a
structure, except as hereinafter exempted, without first obtaining
a permit from the City Engineer's office as provided herein.
For the purposes of this Ordinance, the following activities
may potentially alter or disrupt existing storm water runoff
patters, and as such, will require a permit prior to the initi-
ation of any project:
(a) clearing and/or drainage of land;
(b) converting agricultural lands to non-agricultural uses;
(c) subdividing land;
(d) replatting recorded subdivisions and the development of
recorded and unrecorded subdivisions;
(e) changing the use of land and/or the construction of a
structure or a change in the size of one or more struc-
tures; and
(f) altering the shoreline or bank of any surface water body.
SECTION VI: EXEMPTIONS
For the purpose of this Ordinance, the following activities shall
be exempt from the formal permitting procedures of this Ordinance:
(a) single family and duplex residences and accessory uses not
to exceed two units per lot;
(b) existing bona fide agricultural pursuits;
(c) maintenance work on utility or transportation systems, if
performed on established rights -of -way or easements; pro-
vided such maintenance work does not alter the purpose and
intent of the system as constructed.
(d) maintenance work performed on existing mosquito control
drainage canals for the purpose of public health and welfare;
(e) any maintenance, alteration, renewal, use or improvement to
any existing structure not changing or affecting the rate
or volume of runoff as determined by the methods defined in
Section VII;
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(f) The acceptance of a plat by the City Council in accordance
with the Subdivision Regulations, or approval of a site
plan in accordance with the Zoning Ordinance, shall be
construed as a permit and a separate permit under this
Ordinance is not required, but compliance herewith shall be
demonstrated as a part of the review procedure pursuant to
said Ordinances No. or Subsequent
changes or additions not reflected by the accepted plat, or
site plan, however, shall be subject to the terms of this
Ordinance.
SECTION VII: GENERAL REQUIREMENTS.
The hydrolic requirements mandated by this Ordinance shall be
developed in accordance with the latest releases and revisions of the
U.S. Department of Agriculture, Soil Conservation Service's Technical
Release No. 55 entitled, "Urban Hydrology for Small Watersheds". Alter-
nate methods may be used if, in the opinion of the City Engineer, similar
results are produced. Innovative approaches to storm water management
shall be encouraged and the concurrent control of erosion, sedimentation
and flooding shall be mandatory.
Storm water management and conservation control strategies shall
meet the following performance standards and requirements:
(a) On -site retention shall be provided for no less than one
inch of runoff from all roofed, paved, and other impervious
areas caused by or resulting from the project.
(b) For a twenty-five (25) year storm of 24 hours duration the
peak discharge rate and the total runoff volume leaving the
developed or redeveloped site shall be limited to the 110
percent of the peak discharge rate and the total runoff
volume prior to development or redevelopment.
(c) The peak discharge rate from the developed or redeveloped
site resulting from a one hundred (100) year storm of 24
hours duration shall not exceed the peak discharge rate
resulting from a one hundred (100) year storm of 24-hours
duration prior to development or redevelopment.
(d) Stormwater runoff shall be subjected to best management
practice prior to discharge into natural or artificial
drainage systems. Best management practice shall mean a
practice or combination of practices determined by the City
Engineer to be the most effective practical means of prevent-
ing or limiting the pollution generated by the project to
a level compatible with Florida water quality standards
found in Chapter 17-3, Florida Administrative Code.
(e) Runoff computation shall be based on the most critical
situation and conform to acceptable engineering practices
using rainfall data and other local information applicable
to the affected area.
(f) No site alteration shall cause siltation of wetlands,
pollution of downstream wetlands, or reduce the natural
retention or filtering capabilities of wetlands.
(g) No site alteration shall allow water to become a health
hazard or contribute to the breeding of mosquitoes.
(h) All site alteration activities shall provide for such water
retention and settling structures and flow attenuation de-
vices as amy be necessary to insure that the foregoing stan-
dards and requirements are met.
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(i) Design of water retention or detention structures and flow
attenuation devices shall be subject to the approval of the
City Engineer.
SECTION VIII: PERMIT APPLICATION PROCEDURES
(a) Any person proposing to make any change in the arrangement,
or size of any structure or land or to construct a new structure, ex-
cept as exempted in Section VI above, when in doubt as to whether a
standard permit application is necessary, may furnish a completed pre-
liminary application form to the City Engineer. The preliminary applica-
tion shall be filed by the owner/applicant in duplicate and shall contain
the following elements:
(1) a location map;
(2) a statement expressing the intent and scope of
the proposed project; and
(3) a schedule of proposed improvements.
(b) Review Procedure
The preliminary application shall be reviewed by the City Engineer,
in order to determine whether a standard permit application shall be re-
quired. Within ten (10) working days after submission of the preliminary
application, the City Engineer will notify the applicant that either the
project is approved, is exempt, or a standard permit application must
be filed for the project. No fee shall be charged for preliminary appli-
cation.
(c) Standard Permit Application Procedure
If a standard permit application is required for the project,
the applicant shall furnish the following information to the City Engineer
together with the completed standard permit application form:
(1) the detailed site plan prepared by a professional
engineer or architect registered in the State of
Florida;
(2) topographic maps of the site before and after the
proposed alteration, as prepared by a professional
engineer or land surveyor registered in the State
of Florida;
(3) general vegetation maps of the site before and
after the proposed alteration; and
(4) construction plans, specifications, computations and
hydrographs necessary to indicate compliance with
the requirements of this Ordinance, as prepared by
a professional engineer registered in the State of
Florida.
(d) Review Procedure
The City Engineer shall review the application with the following
considerations:
(e) Considerations
The City Engineer in approving or denying a permit application
shall consider as minimum, the following factors as they may apply
to the Storm Water Management Performance Standards as set forth previously:
(1) the characteristics and limitations of the soil at the
proposed site; with respect to percolation and infiltra-
tion;
(2) the existing topography of the proposed site and the ex-
tent of topographical changes after development;
(3) the existing vegetation of the proposed site and the ex-
tent of vegetational changes after development;
(4) the impact the proposed project will have on the natural
recharge capabilities of the site;
(5) the impact the proposed project will have on downstream
water quantity and quality and specifically the potential
for downstream flooding conditions;
(6) the plans and specifications of structures or devices the
applicant intends to employ for onsite water retention,
detention, erosion control and flow attenuation;
(7) the effect the proposed water retention or detention struc-
tures will have upon mosquito breeding habitat;
(8) the continuity of phased projects. (Projects that are to
be developed in phases will require the submission of an
overall plan for the applicant's total land holdings.)
(9) the adequacy of easements for drainage system in terms of
both runoff conveyance and maintenance.
Within fifteen (15) working days after submission of the
completed permit application package, the City Engineer shall approve,
with specified conditions or modifications, or reject the proposed
plan and shall notify the applicant accordingly. If the Engineer has
not rendered a decision within fifteen (15) working days after plan
submission, he must inform the applicant of the status of the review
process and the anticipated completion date. If the plan is rejected
or modified, the City Engineer shall state the reasons for rejection or
modification or delay. If the applicant feels aggrieved due to rejec-
tion, modification or delay, he may request a hearing before the City
Commission.
SECTION IX: PERMIT FEES.
A permit fee shall be collected at the time the standard applica-
tion package is submitted and will reflect the cost of administration
and management of the permitting process. The fee schedule may be
amended from time to time by the Commission, by resolution. Notice of
said resolution shall be published no less than fifteen (15) days prior
to adoption.
SECTION X: PLAN ADHERENCE.
After approval of the preliminary or standard permit application,
the applicant shall be required to adhere strictly to the plan as approv-
ed. Any change or amendments to the plan must be approved by the City
Engineer in accordance with the procedures set forth in Section VIII
above. After the completion of the project, the City Engineer may re-
quire as -built plans from the owner/applicant if the completed project
appears to deviate from the approved plan. Enforcement officials shall
be granted inspection rights and right -of -entry privileges in order to
ensure compliance with the requirements of this Ordinance.
SECTION XI: MAINTENANCE.
The installed system(s) required by this Ordinance shall be main-
tained by the owner except that the City may accept certain systems for
M!
City Maintenance. The selection of critical areas and/or structures
to be maintained by the City shall be recommended to the City Council
by the City Engineer, after receipt of comments from the appropriate
officials. All areas and/or structures to be maintained by the City
must be dedicated to the City by plat or separate instrument and
accepted by the City Council. The system(s) to be maintained by the
owner shall have adequate easements to permit the City to inspect and,
if necessary, to take corrective action should the owner fail to properly
maintain the system(s). Should the owner fail to properly maintain
the system(s), the City Engineer shall give such owner written notice
of the nature of the corrective action necessary. Should the owner
fail, within thirty (30) days from the date of the notice to take, or
commence taking, corrective action to the satisfaction of the City
Engineer, the City may enter upon lands, take corrective action and place
a lien on the property of the owner for the costs thereof.
SECTION XII: ENFORCEMENT.
If the enforcement official determines that the project is not
being carried out in accordance with the approved plans or if any
project subject to this Ordinance is being carried out without a permit,
he is authorized to:
(a) Issue written notice to the applicant specifying the nature
and location of the alleged noncompliance, with a descrip-
tion of the remedial actions necessary to bring the project
into compliance within a reasonable specified time; or
(b) Issue a stop -work order directing the applicant or person
in possession to cease and desist all or any portion of
the work which violates the provisions of this Ordinance,
if the remedial work is not completed within the specified
time. The applicant shall then bring the project into
compliance or be subject to immediate revocation of his
permit and to the penalties in Section XIII.
SECTION XIII: PENALTIES.
Any person who violates or causes to be violated any provision
of this Ordinance or permits any such violations or fails to comply
with any of the requirements hereof shall be punished by a fine not
to exceed five hundred ($500.00) dollars or by imprisonment for a
period not to exceed sixty (60) days, or by both such fine and im-
prisonment. Each day upon which such violation occurs shall consti-
tute a separate offense. In addition to any other remedies, whether
civil or criminal, the violation of this Ordinance may be restrained
by injunction, including a mandatory injunction, and otherwise abated
in any manner provided by law.
SECTION XIV: VARIANCE PROCEDURE.
Upon request by any person required to obtain a permit hereunder
and where it may be shown that an increase or decrease in the rate of
surface runoff shall not be harmful to the water resources of Edgewater,
the City Council, after recommendations by the City Engineer, may grant
or deny a variance to this Ordinance. The City Engineer shall make
recommendations within ten (10) working days after notification.
SECTION XV: EMERGENCY EXEMPTION.
This Ordinance shall not be construed to prevent the doing of
any act necessary to prevent material harm to or destruction of real
or personal property as a result of a present emergency, including
but not limited to fire, infestation by pests, or hazards resulting
from violent storms or hurricanes or when the property is in imminent
periol and the necessity of obtaining a permit is impractical and would
cause undue hardship in the protection of the property. A report of
any such emergency action shall be made to the City Engineer by the
owner or person in control of the property upon which emergency action
was taken as soon as practicable, but not more than ten (10) days
following such action. At the discretion of the City Engineer, remedial
action may be required to conform with the intent of this Ordinance.
SECTION XVI: VESTED RIGHTS.
This Ordinance shall not in any way limit or modify the vested
rights of any person to complete any development or improvements to
lands based upon prior law or previous permit or authorization granted
as a result of compliance with the Edgewater Subdivision Ordinance, or
by a building permit or other authorization on which there has been
reliance and a change of position and which authorization or permit
was issued prior to the effective date hereof. Any person whose rights
may have vested through reliance on prior law or prior authorization
may seek a determination of such rights from the City Council within
one (1) year from the effective date hereof.
SECTION XVII: CONFLICT WITH OTHER ORDINANCES AND CODES.
In case of conflict between this Ordinance or any part thereof,
and the whole or part of any other existing or future ordinance or
code, the most restrictive in each case shall apply.
SECTION XVIII: SAVINGS PROVISION.
If any part of this Ordinance is held to be unconstitutional, it
shall be construed to have been the legislative intent to pass this
Ordinance without such unconstitutional part and the remainder of this
Ordinance as to the exclusion of such part shall be deemed and held to
be valid as if such part had not been included herein. If this Ordinance
or any provision hereof is held to be inapplicable to any persons,
group of persons, property, kind of property, circumstances, or set of
circumstances, such holding shall not affect the applicability hereof
to any other person, property, or circumstances.
SECTION XIX: That all ordinances or parts of ordinances and all
resolutions or parts of resolutions of the City of Edgewater, Florida,
that are in conflict herewith be and the same are hereby repealed.
SECTION XX: That the City Clerk is hereby directed to advertise
this Or road anceasas required by law.
SECTION XXI: That this Ordinance shall take effect immediately
upon its adoption by the City Council and approval as provided by law.
The first reading of the above Ordinance was read in full and
passed by vote of the City Council of the City of Edgewater, Florida,
at the Regular meeting of said Council held on the i/, day of
1980, and approved as provided`ny law.
The second reading of said Ordinance to be I a
meeting of the City Council to be held on the �} day of ,
1980.
Roll call vote as follows:
ATTEST:
FIRST READING:
ayo
Counci
SECOND READING:
wi�
cijFy Clerk
Approved this S1N day of
14 1980.
This Ordinance prepared by:
JUDSON I. WOODS, JR.
City Attorney
1
Councilman
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