90-O-4
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ORDINANCE NO. 90-0-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE-
WATER, FLORIDA, AMENDING ARTICLE III, STORM WATER
MANAGEMENT OF THE CODE OF ORDINANCES OF THE CITY OF
EDGEWATER, FLORIDA, BY PROVIDING FOR INTENT,
DEFINITIONS, PERMITS REQUIRED, EXEMPTIONS, GENERAL
REQUIREMENTS, SHORELINE PROTECTION, PERMIT APPLICATION
PROCEDURES, PERMIT FEES, PLAN ADHERENCE, MAINTENANCE,
ENFORCEMENT, PENALTIES, VARIANCE PROCEDURES, EMERGENCY
EXEMPTION, AND VESTED RIGHTS: CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Edgewater is located along the Indian
River Shoreline a part of the Mosquito Lagoon Aquatic Preserve
(MLAP) and also an Outstanding Florida Water which receives
special protection from the Florida Department of Environmental
Regulation, and
WHEREAS, these estuarine waters adjacent to Edgewater are
classified as Class II and Class III waters by Chapter 17-3.081
Florida Administrative Code, and
WHEREAS, according to Section 17-3.161, Florida Administra-
tive Code, Class II waters designated in Volusia County are In-
dian River North-Channel Marker 57 South to Mosquito Lagoon, Mos-
quito Lagoon to Indian River North, South to the South Volusia
County line, and
WHEREAS, the City desires to promote the conservation, use
and protection of this natural resource, and
WHEREAS, the City adheres to the concept that responsible
growth management places development in areas most environmental-
ly suitable and provides for protection against pollution and
degradation of surface waters, and
WHEREAS, environmental quality affects every citizen in
the City of Edgewater, and
WHEREAS, construction activity and impervious surfaces
increase surface water sediment, loads and runoff volumes, and
WHEREAS, this causes potential loss of downstream estua-
rine productivity through siltation of filter feeding organisms,
*Deleted language has been ~ffte8 e8~e~~8 and new language
underscored.
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impairment of photo synthetic processes, sedimentation on
breeding and habitat areas and potential loss of water related
recreational activity and seafood production.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. That Article III, Storm Water Management of
the Code of Ordinances of the City of Edgewater, Florida, be
amended as follows:*
Section 9.5-51. SHORT TITLE.
This article shall be known and may be cited as "The Storm
Water Management aft6 eeftse~vaeieft Ordinance of Edgewater,
Florida.
Section 9.5-2. INTENT.
It is the intent of this article to allow landowners reason-
able use of their property provided that:
1) Storm water runoff rates and volumes after development
approximate existing predevelopment conditions;
2) Surface and ground water quality is not unreasonably
compromised; and
3) Precautions will be taken to prevent erosion, sedimenta-
tion and flooding.
Section 9.5-53. DEFINITIONS.
For the purpose of this article, 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; the
word "Shall" is mandatory and not discretionary; the word "may"
is permissive; 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"; and the following
definitions shall apply:
Agricultural Use means the use of land in horticulture, flo-
riculture, viticulture, forestry, dairy, livestock, poultry, bee
keeping, pisciculture, and all forms of farm products and farm
production.
Canal means an artificial, primary water conveyance facility
with an open channel and usually a wet bottom.
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Clearing means the removal of trees and brush from a s~b-
s~aft~~a! ~a~~ e€ ~Ae land, but shall not include mowing, or
grubbing, or site preparation, and harvesting carried out in ac-
cordance with bona fide forestry practices.
Conveyance swale means a swale designed as a secondary or
tertiary conveyance facility, with a positive bed slope in the
direction of flow, and a dry bottom.
Design high water (DHW) means the water elevation expected
to occur at a particular design storm event. Examples are:
DHW 10 10 year return storm event
DHW 25 25 year return storm event
DHW 100 100 year return storm event
Detention means the collection and temporary storage of
storm water in such a manner as to provide for treatment through
physical, chemical, or biological processes with subsequent re-
lease of the storm water.
Discharge 6~seAa~~e ~e~fte means the outflow of water
from a project, site, aquifer, drainage basin or facility.
Ditch means an artificial secondary or tertiary water convey-
ance facility with an open channel that does not qualify by defi-
nition to be called a swale.
Dry bottom means any water retention, detention, or convey-
ance facility which evacuates its water level below its designed
bottom within 72 hours of its designed storm event, by either
natural or artificial draw down means; and whose bottom is main-
tained a minimum 12" above the SHWT.
Exfiltration (groundwater recharge) means water passing
through a permeable substance such that water is filtered as it
is discharged from a water conveyance facility (e.g., exfiltra-
tion pipe.)
Existing means the average condition immediately before a
legal act of development or redevelopment commences.
Infiltration (groundwater draw down) means water passing
through a permeable surface such that the water is filtered be-
fore it is collected by a water conveyance facility (e.g., under
drain pipe).
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Lot means a parcel of land contained within property lines
of a specific area, including land within easements and building
setback lines and intended as a unit for building development, or
for transfer of ownership or both. The word "lot" includes the
word "plot", "parcel" and "tract".
Normal water level (NWL) means the water elevation normally
(chronically) expected in a facility designed to hold water (wet
bottom). Examples: the elevation corresponding to the control
elevation on a weir or the invert of an under drain system for an
example.
Peak discharge attenuation means the process of matching or
reducing the post-developed , peak discharge rate to that of the
pre-developed, peak discharge rate for a given storm event.
Percolation means water passing through a permeable sub-
stance such as soil.
Pollution abatement means any process that treats water qual-
ity as required in order to satisfy P.A.C. 17-25, or Chapter 40
C-42.
Project area means clearly defined phase of development or
redevelopment characterized by any of the activities described in
Section 9.5-55 as requiring a permit.
Retention means the prevention of, or to prevent the dis-
charge of, a given volume of stormwater runoff into surface
waters of the city or state, by complete on-site storage.
Retention swale means a man-made swale designe retain
(instead of convey) water, that has a dry bottom with vegetation
suitable for soil stabilization, surface water treatment, and
nutrient uptake.
Seasonable high water table (SHWT) means that elevation the
water table is expected to achieve during the time of the year
when the greatest amount of rainfall normally occurs. (a.k.a.
wet season water table.
stormwater means the flow of water which results from and
occurs immediately following a rainfall event.
Swale means a manmade trench that has stabilized dry bottom
(sodded or approved equivalent), a top width to depth ratio great-
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er than 6:1 and side slopes no less than 3:1 (horizontal to verti-
cal) .
Water conveyance facility means any artificial facility
which has the ability to convey water such as (but not limited
to) pipes, box culverts, canals, ditches, and swales. Such facil-
ities should be described by their level of services by the City
Engineer by the following guidelines:
Primary: those facilities designed to transport water
between lakes, detention ponds, canals, or
master drainage plan facilities.
Secondary: those facilities designed to transport water
from infrastructure and municipal roadways, or
pollution abatement facilities.
Tertiary: those facilities designed to transport water
from private roadways, parking lots, or site
impervious structures.
Water detention structure wa~ep mafta~emefte sep~ee~pe
means a facility which provides for storage of storm water runoff
and the controlled release of such runoff during and after a
flood or storm as defined by F.A.C. 17-25 under "detention".
Water management facility means any pond, lake, reservoir,
or storage mechanism design to retain, detain, or filter water
for the purpose of pollution abatement, peak discharge attenua-
tion, peak volume reduction, or compensating storage or 100 year
flood plain encroachment.
Water retention structure means a facility which provides
for storage of storm water runoff as defined by the F.A.C. 17-25
as "retention".
Wet bottom means any water retention, detention, or convey-
ance facility which cannot evacuate its water level (naturally or
artificially) below its design bottom within 72 hours of its de-
sign storm event or those tidally influences facilities that con-
tain water above their bottom more than 12 hours a day.
We~laftds meafts fpeSft ep sale wa~ep mapSfteS7 swam~s7 be~s7
aftd wee weedlaftds7 eftapaeeep~~ed by s~ee~f~e ve~eeae~eftal ey~es
aftd ~lafte eemm~ft~e~es wfte~ftep fleeded ae all e~mes~ fleeded eftly
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seasefta%%y~ er fta~~ft~ a wa~er ea6%e w~eft~ft S~R +6+ ~fteftes e~ efte
~re~fta s~r~aee ~er a~ %eas~ ~ftree +3+ ffiefteftS e~ efte year~
Wetlands means hydrologically sensitive areas which are iden-
tified as being inundated or saturated by surface water with a
frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. The list of wet-
land vegetation is as stated in Rule 17-4.022 of the F.A.C.
Provided, however, that the landward extend of the surface
waters of the state for the purpose of establishing wetland juris-
diction herein shall be determined by Rule 17-4.022, F.A.C. and
Section 403.913 (2) and (3), Florida Statutes.
Section 9.5-55. PERMIT REQUIRED
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 article, the following activi-
ties may potentially alter or disrupt existing storm water runoff
patterns, and as such, will require a permit prior to the initia-
tion of any project:
(a)
Clearing and/or draining of land
d~
as an a to
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construction:
(b)eeft~ere~ft~ a~r~e~%e~ra% %aftas ee ftefta~r~e~%~~re ~ses~
Clearing and/or draining of non-agricultural lands for agricultur-
al purposes.
(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 structures:
afta
(f) Altering the shoreline or bank of any surface water
body:
19l Filling of depressional areas:
iQl Lowering of the water table: and
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(i) Converting agricultural lands to non-agricultural uses.
Section 9.5-56. EXEMPTIONS.
For the purpose of this article, the following activities shall
be exempt from the formal permitting procedures of this article:
fat S~ft~le ~affi~ly aftd d~~lex ~e~~deftee~ aftd aeee~~e~y ~~e~
ftee ee exeeed ewe f~t ~ft~e~ ~e~ lee~
f~t Ma~fteeftaftee we~k eft ~e~l~ey e~ e~aft~~e~eae~eft ~y~eeffi~,
~~ ~e~~e~ffied eft e~ea~l~~fted ~~~fte~-e~-way e~ ea~effiefte~~ ~~ev~ded
~~eft ffia~fteeftaftee we~k dee~ ftee alee~ efte ~~~~e~e aftd ~fteefte e~
efte ~y~eeffi a~ eeft~e~~eeed~
fet Befta ~~de a~~~e~le~~al ~~~~~~e~ ~ftel~d~ft~ ~e~e~e~y ex-
ee~~ wfte~e aft a~e~~~e~al d~a~fta~e ~y~~effi w~ll ~e ~~ed ee ~fte~ea~e
~lew e~ ~~~~aee waee~ ~~effi efte a~~l~eafte~~ laftd~
fdt Ma~fteeftaftee we~k ~e~~e~ffied eft ex~~e~ft~ ffie~~~~ee eefte~el
d~a~fta~e eaftal~ ~e~ efte ~~~~e~e e~ ~~~l~e ftealeft aftd wel~a~e~
fet Afty ex~~e~ft~ devele~ffiefte wfte~e eftey ~fte~ea~e efte ~eee-
a~e ~~ ee l,eee ~~~a~e~eee e~ ~ffi~erv~e~~ ~~~~aee e~ ~~~ld~ft~
~~aee~
f~t ~fte aeee~eaftee e~ a ~lae ~y efte e~ey ee~fte~l ~ft aeee~-
daftee w~eft ~fte ~~~d~v~~~eft ~e~~lae~eft~, e~ a~~~eval e~ a ~~ee
~laft ~ft aeee~daftee w~eft ~fte ~eft~ft~ e~d~ftaftee, ~ftall ~e eeft~e~~ed
a~ a ~e~ffi~~ aftd a ~e~araee ~e~ffi~~ ~ftde~ eft~~ a~~~ele ~~ fte~ ~e-
~~~~ed, ~~~ eeffi~l~aftee fte~ew~eft ~ftall ~e deffieft~e~aeed a~ a ~are
e~ efte ~ev~ew ~~eeed~re ~~~~~afte ee ~a~d e~d~ftaftee~ Ne~ 88e e~
~9-e-~~ S~~~e~~efte eftaft~e~ e~ add~~~eft~ ftee ~e~leeeed ~y efte
aeee~eed ~lae, e~ ~~ee ~laft, fteweve~, ~ftall ~e ~~~jeee ee efte
eerffi~ e~ ~ft~~ a~e~ele~
(a) Maintenance work on utility or transportation systems,
if perforned on established rights-of-way or easements; provided
such maintenance work does not alter the purpose and intent of
the system as constructed.
(b) Maintenance work performed on existing mosquito control
drainage canals for the purpose of public health and welfare;
(c) Any maintenance, alteration, renewal, use or improve-
ment to any existing structure not changing or affecting the rate
or volume of runoff as determined by the methods defined in Sec-
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tion 9.5-57:
lQl 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 article is
not required, but compliance herewith shall be demonstrated as a
part of the review procedure pursuant to said Ordinances No. 880
or 79-0-7. Subsequent changes or additions not reflected by the
accepted plat, or site plan, however, shall be subject to the
terms of this article: and
~ Any maintenance, alteration, renewal, use or improve-
ment to an existing structure not changing or affecting rate or
volume of stormwater runoff: and the one time construction of any
structure or addition not otherwise exempt not exceeding 1,000
square feet of impervious area on or parallel to the ground.
Section 9.5-57. GENERAL REQUIREMENTS.
The hydrolic requirements mandated by this article 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". Alternate methods may be used with the approval of
the city engineer if similar results are produced. The City's
drainage summary form shall be submitted in any case for compara-
tive purposes. Innovative approaches to storm water management
shall be encouraged and the concurrent control of erosion, sedi-
mentation and flooding shall be mandatory.
Storm water management and conservation control strategies shall
meet the following performance standards and requirements:
(a) ill On-site pollution abatement shall be provided for no
less than one half (1/2) inch runoff depth over the entire pro-
ject area. Pollution abatement shall be provided through reten-
tion where the project soils allow the process to occur. If 100%
of the retention volume is not capable of evacuation within 72
hours through percolation and evapotranspiration then detention
with filtration shall be used. Exfiltration and under drain (in-
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filtration) devices shall be in accordance with city's latest
(AMENDED 3/5/90): Other alternative methods. such as wet detention with controlled
design and maintenance policy. bleed down. are acceptable at the discretion of the City Engineer.
providing that a permit from the St. Johns River Wa~ Management
District is obtained. ~~
~ All ro'ect areas reater than one (1) acre
calculate the retention volume based u on the runoff
from the first one (1) inch of rainfall. In this case the runoff
will be calculated as to the total percentage of impervious sur-
face (and pond area) multiplied times the 1" of rainfall. If the
runoff depth does not exceed one half (1/2) inch, then one half
(1/2) inch shall be used as a minimum runoff value.
(See (a)
(1)).
ill All filtration systems (under drain or exfiltration)
shall require as a minimum one (1) soil boring detailing soil
profile, seasonal high water table, and any pertinent percolation
Soil borings and analyses shall be certified by a geo-
technical engineer registered in the State of Florida.
(AMENDED 3/5/90) ~
(4) All projects that qualify for district water quality .t
~
rates at the filter site location.
permitting under SJRWMD 40C-42 shall send copies of the 40C-42
permit application and calculations sent to the district prior to
city site plan approval. Final district approval must be granted
before city will grant final acceptance of project construction.
(b) For a twenty-five (25) year storm of twenty-four (24) hours
duration the peak discharge rate and the total runoff volume leav-
ing the developed and redeveloped site shall be limited to the
peak discharge rate and the total runoff volume prior to develop-
ment or redevelopment. The rainfall amount should be interpolat-
ed from the most recent hydrograph contour for the city as pub-
City will not accept
values less than 9.0" for a twenty-five (25) year/twenty-four
lished in the latest version of TR-55.
(24) hour event.
(c) The peak discharge rate from the developed or redeveloped
site resulting from a one hundred year storm of twenty-four (24)
hours duration shall not exceed the peak discharge rate resulting
from a one hundred (100) year storm of twenty-four (24) hours
duration prior to development or redevelopment. The minimum rain-
fall amount accepted shall be 11.0 inches.
(d) Storm water runoff shall be subjected to best management
practice prior to discharge into natural or artificial drainage
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systems. Best management practice shall mean a practice or com-
bination of practices determined by the city engineer to be the
most effective practical means of preventing or limiting the pol-
lution generated by the project to a level compatible with
Florida water quality standards found in Chapter 17-3, Fla. Admin-
istrative Code.
(e) Runoff computation shall be based on the most critical situa-
tion and conform to acceptable engineering practices using rain-
fall data and other local information applicable to the affected
area. Minimum rainfall amounts shall be as those described in
sections (b) and (c), however, higher interpolated values are
encouraged when applicable. Hydrograph distribution shall be
applicable to region in which the city is located.
(f) No site alteration shall cause siltation of wetlands, pollu-
tion of downstream wetlands, or reduce the natural retention or
filtering capabilities of wetlands.
~ 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 devices as
may be necessary to insure that the foregoing standards and re-
quirements are met.
(1) Conveyance swales - percolate eighty percent (80%) of
run off volume from three (3) year/one (1) hour storm in
seventy-two (72) hours.
(2) Exfiltration systems - percolate eighty percent (80%)
of run off volume from three (3) year/one (1) hour storm in
thirty-six (36) hours.
~ Retetention swales - percolate one hundred percent
(100%) of pollution abatement volume in seventy-two (72) hours
following the storm event.
i!l Retention ponds - percolate one hundred percent (100%)
of pollution abatement volume in seventy-two (72) hours following
the storm event.
(5) Detention ponds - recover one hundred percent (100%) of
storage capacity in seventy-two (72) hours following the storm
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event.
(i) Design of water retention or detention structures and flow
attenuation devices shall be subject to the approval of the city
engineer.
lil No ditch or swale shall be interrupted by any structure or
be altered in any way so as to impede the intended design of such
ditch or swale.
(k) Minimum and maximum velocities in all water conveyance facil-
ities are given in city's design procedures manual.
In no case,
however, shall a design velocity in a culvert be less than 2.5
feet per second or exceed twenty (20) feet per second.
Design
velocities in excess of ten (lO) feet per second shall require
the special permission of the city engineer and in excess of five
(5) feet per second shall require special erosion control de-
vices.
(l)
All water management facilities shall have at least 4:1 (hor-
izontal to vertical) side slopes (except swales 3:1 minimum). c\~
Steeper slopes may ~~u~~~pI,
Cit 's desi n rocedures manual ives s ecific criteria.~~1~~~~a~~~Vi~~~e~~#i
safety precautions such as fences have been incorporated into the facility design. AMENDED 3/5/98)
(m) Erosion protection and energy dissipation shall be insured
on all water conveyance facilities as needed to ensure goals con-
sistent with this ordinance. Designs shall consider design velo-
city, existing/proposed.
(n) A positive drainage outfall system shall be provided which
does not adversely impact downstream owners or adjacent lands,
nor redirect pre-existing runoff to previously unaffected lands.
In the case of pre-existing flooding downstream, however, the
city engineer may allow the relocation of the natural outfall if
it can be shown that:
I} Redirection of water will help alleviate downstream
flooding problems.
2} Land receiving new upstream discharge demonstrates the
capability to handle additional upstream discharge.
3} Owner of new receiving land present within acknowledge-
ment and acceptance of water.
4} Redirection is consistent with the city's master drain-
age plan.
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(0) All runoff shall be treated to remove oil and floatable
solids before discharge from site. Acceptable methods of removal
include (but are not limited to) skimmers and baffles.
iEl Discharge of stormwater without pollution abatement to Class
II Waters as defined by Chapter 17-3 F.A.C. is prohibited.
191 The seasonal high water table may not be lowered more than
fifteen percent (15%) of the site to a depth of five feet (5')
below the surface of the existing undisturbed ground, or an equiv-
alent volume, providing that there be a maximum depth of five
feet (5'), said area to be measured at the overflow elevation of
the retention area(s). The water table may not be lowered if
there are adverse effects on wetlands or increased flows to the
detriment of neighboring lands.
lfl Shoreline Protection
ill Hardening of Shoreline - vertical seawalls and bulk-
heads are prohibited except as may be waived by the City Council
if a variance is requested. Hardening of the estuarine shoreline
shall be allowed only when erosion is causing a serious
significant threat to life or property.
Other shoreline stabilization methods may be used in lieu of ver-
tical seawalls and bulkheads when hardening of the shoreline is
approved.
~ Shoreline Buffer - A shoreline protection buffer shall
be established for a distance extending fifty (50) feet laterally
upland from the mean high water line. Within the buffer zone, no
development shall be permitted except for an allowance for reason-
able access. See Section 3 below.
(3) Reasonable Access to Water - No more than twenty (20)
percent or twenty five (25) feet, whichever is greater, of the
shoreline within property boundaries may be altered for reason-
able access. The remainder of the shoreline shall be maintained
in unaltered native vegetation.
Reasonable access may include docks, boat ramps, pervious walk-
ways and elevated walkways which provide the property owner with
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reasonable access to the water.
All portions of the shoreline which contain wetland vegetation
are subject to the wetlands protection requirement.
(4) Impervious Surface - No more than thirty (30) percent
impervious surface shall be allowed within one hundred (100) feet
of the mean high water line.
Section 9.5-58. PERMIT APPLICATION PROCEDURES.
(a) Contents. Any person proposing to make any change in the
arrangement of size of any structure or land or to construct a
new structure, except as exempted in Section 9.5-56 above, when
in doubt as to whether a standard permit application is neces-
sary, may furnish a completed preliminary application form to the
city engineer. The preliminary application shall be filed by the
owner/applicant in duplicate and shall contain the following ele-
ments:
ill A location map;
ill A statement expressing the intent and scope of the pro-
posed project; and
ill A schedule of proposed improvements.
(b) Preliminary review. The preliminary application shall be
reviewed by the city engineer, in order to determine whether a
standard permit application shall be required. within ten (10)
working days after submission of the preliminary application,
the city engineer will notify the applicant that either the pro-
ject is approved, is exempt, or a standard permit application
must be filed for the project. No fee shall be charged for pre-
liminary application.
(c) Standard permit. If a standard permit application is requir-
ed 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 engi-
neer or architect registered in the state;
~ Topographic maps of the site before and after the pro-
posed alteration, as prepared by a professional engineer or land
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surveyor registered in the state:
ill General vegetation maps of the site before and after
the proposed alteration: and
l!l Construction plans, specifications, computations and
hydrographs necessary to indicate compliance with the require-
ments of this article, as prepared by a professional engineer
registered in the state.
(d) Review. Any person proposing to erect a driveway which
would cross a swale or ditch, or to build any structure which
might impede the intended flow of water through such swale or
ditch shall make application to the building official, who shall
consult with the superintendent of public works. If the proposed
driveway or structure is approved by the superintendent of public
works, the building official shall issue a permit on forms pre-
scribed by the city manager, and the building official shall not
issue a certificate of occupancy unless the proposed work con-
forms with the approved permit.
(e) Considerations. The city engineer in approving or denying a
permit application shall consider as a minimum, the following
factors as they may apply to the storm water management perform-
ance standards as set forth previously.
(1) The characteristics and limitations of the soil at the
proposed site: with respect to percolation and infiltration:
(2) Topographic maps of the site before and after the pro-
posed alteration, as prepared by a professional engineer or land
surveyor registered in the state:
(3) The existing vegetation map of the proposed site and
the extent of vegetational changes after development:
i!l The impact the proposed project will have on the natur-
al recharge capabilities on the site:
121 The impact the proposed project will have on the down-
stream water quantity and quality and specifically the potention
for downstream flooding conditions:
(6) The plans and specifications of structures or devices
the applicant intends to employ for on-site water retention deten-
tion, erosion control, and flow attenuation:
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ill The effect the proposed water retention or detention
structures will have upon mosquito breeding habitat:
(8) The continuity of phases projects (projects that are to
be developed in phases will require the submission of an overall
plan for the applicant's total land holdings):
~ The adequacy of easements for drainage system in terms
of both runoff conveyance and maintenance.
Within fifteen (15) working days after submission of the complet-
ed permit application package, the city engineer shall approve,
with specified conditions or modifications, or reject the propos-
ed 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 cityengineer shall state
the reasons for rejection or modification or delay. If the appli-
cant feels aggrieved due to rejection, modification or delay, he
may request a hearing before the city council.
Section 9.5-60. PLAN ADHERENCE
After approval of the preliminary or standard permit applica-
tion, the applicant shall be required to adhere strictly to the
plan as approved. Any change or amendments to the plan must be
approved by the city engineer in accordance with the procedures
set forth in section 9.5-58 above. After the completion of the
project, the city engineer may require 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 article.
Section 9.5-61 MAINTENANCE.
The installed system(s) required by this article shall be
maintained by the owner except that the city may accept certain
systems for city maintenance. The selection of critical areas
and/or structures to be maintained by the city shall be recommend-
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w
....,
ed to the city council by the city engineer, after receipt of
comments from the appropriate officials. All areas and/or struc-
tures 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 shallhave 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 satisfac-
tion 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 9.5-62 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 article 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 description to
bring 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 article 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 sec-
tion 9.5-63.
Section 9.5-63 PENALTIES.
Any person who violates or causes to be violated any provision of
this article 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 dollars ($500.00) or by imprisonment
for a period not to exceed sixty (60) days, or by both such fine
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~
...."
and imprisonment. Each day upon which such violation occurs
shall constitute a separate offense. In addition to any other
remedies, whether civil or criminal, the violation of this
article may be restrained by injunction, including a mandatory
injunction, and otherwise abated in any manner provided by law.
Section 9.5-64 VARIANCE PROCEDURES.
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 resour-
ces of Edgewater, the city council, after recommendations by the
city engineer, may grant or deny a variance to this article. The
city engineer shall make recommendations within ten CIa) working
days after notification.
Section 9.5-65 EMERGENCY EXEMPTION.
This article 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, includ-
ing but not limited to fire, infestation by pests, or hazards
resulting from violent storms or hurricanes or when the property
is in imminent peril 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 shall be made to
the city engineer by the owner or person in control of the proper-
ty 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 article.
Section 9.5-66 VESTED RIGHTS.
This article shall not in any way limit or modify the vested
right 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
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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 2. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 3. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption by the. City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Fish
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a Regular meeting of
said Council held on the 5th day of February 1990.
The second reading of this Ordinance to be at a Regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 5th day of March , 1990.
ROLL CALL VOTE ON ORDINANCE NO. 90-0-4
�S
SECOND READING:
Councilman -Zone Four
I
IXQJSm
Councilman -Zone IDoax Two
° - ` M dinance read and adopted on second reading at a
meeting of the City Council of the City of Edge-
water, Florida, and authenttt�iitated this 5 day of March ,
1990. / ' n/ �.
Mayor
This drdin pre aTld b
City Attorney
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