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ORDINANCE NO. 98-0-03
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW A TER, FLORIDA,
AMENDING CHAPTER 9.5 (FLOOD CONTROL AND DRAINAGE),
ARTICLE ill (STORMW A TER MANAGEMENT), SECTION 9.5-56
(EXEMPTIONS) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA; BY ADDING PARAGRAPH (6) RELATING TO
PERMITTING WITH THE CITY AND SAINT JOHNS RIVER WATER
MANAGEMENT DISTRICT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DA TE; PROVIDING FOR ADOPTION AND
CODIFICA TION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
I. The City currently has an exemption from stormwater permitting requirements for
alterations or improvements to existing structures which incorporates 1,000 square feet or less of
impervious area as a result of the improvements. St. Johns River Water Management District's
("SJRWMD") permit threshold is 4,000 square feet or more impervious surfaces subject to vehicular
traffic and/or when 5,000 square feet or more building or an impervious surface is created.
2. The City currently requires that projects comply with SJRWMD and City permitting
requirements.
3. It has been determined that the current duplication in the permitting process may
create unnecessary delays and unforeseen financial obligations for developers.
4. The City Council has determined that it is in the best interests of the citizens of
Edgewater to modify the permitting requirements reflecting all projects that currently require
duplicate permits to now require either a City or SJRWMD permit, not both.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
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PART A.
AMENDMENT OF CHAPTER 9.5 (FLOOD CONTROL AND
DRAINAGE), SECTION 9.5-56 (EXEMPTIONS) OF THE
CODE OF ORDINANCES, CITY OF EDGEW A TER,
FLORIDA.
Section 9.5-56 is amended as follows:
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:
(1) Maintenance work on utility or transportation systems, if performed on established
rights-of-way or easements; provided such maintenance work does not alter the
purpose and intent of the system as constructed-:-~
(2) Maintenance work performed on existing mosquito control drainage canals for the
purpose of public health and welfare;
(3) 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
defmed in section 9.5-57;
(4) 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 Ordinance No. 880 or Ordinance No. 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; aB4
(5) Any maintenance, alteration, renewal, use or improvement 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 one
thousand square feet of impervious area on or parallel to the ground-:-: and
@ Any maintenance. alteration. renewal. use. or improvement subject to both Saint
Johns River Water Management District and the City of Edgewater permitting shall
only require the former permit if the design standards comply with City code. The
design must meet the intent of the City's general drainage requirements. such as. for
example. onsite pollution abatement. equivalent pre-development and post-
development peak discharge rates and volume for a 25 year. 24 hour storm event. and
equivalent pre-development and post-development peak discharge rate from a 100
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year, 24 hour storm event.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE
This Ordinance shall take place upon adoption.
PART F.
ADOPTION
After Motion by Councilman Roberts and Second by Councilwoman Lichter, the vote on the
fIrst reading ofthis ordinance held on July 6, 1998, was as follows:
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Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilman Gornto and Second by Councilman Lichter, the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Iachter
AYE
PASSED AND DULY ADOPTED this 20th day of July, 1998.
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CITY COUNC�IJ. OF TIIA
CITY OF WATEW, FLORIDA
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Allman
APPROVED FOR FORM
AND CORRECTNESS:
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Nikki Clayt
City Attorney