Chapter 27 STORM WATER MANAGEMENT*
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*Cross references: Flood prevention, Ch. 13; mosquito control, § 15-41 et seq.; subdivisions, Ch. 29; zoning, App. B.
State law references: Storm water and conservation, F.S. Chs. 298, 308 and 403.
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Art. I. Storm Water Utility, §§ 27-1--27-15
Art. II. Storm Water Management Plan, §§ 27-16--27-34

ARTICLE I. STORM WATER UTILITY

Sec. 27-1. Findings and purpose.
(a) The City Council of Melbourne, Florida, finds that uncontrolled drainage and development of land has a significant adverse impact upon the health, safety, and welfare of the citizens of Melbourne. Further, the council finds more specifically as follows:

(1) Storm water runoff is capable of carrying pollutants into receiving bodies, thereby degrading water quality;

(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 storm water 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 storm water runoff, and allow less water to percolate into the soil, thereby decreasing groundwater recharge;

(7) Improperly managed storm water runoff may increase the incidents of flooding and the level of floods which occur, thereby endangering property and human life;

(8) Improperly managed storm water runoff may interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting biological productivity;

(9) Substantial economic losses may result from such adverse impacts upon the waters of the Melbourne ecosystem;

(10) Sound storm water utility management practices result in the avoidance of future problems concerning the development of land and the maintenance of the quality of the Melbourne environment.

(b) The purpose of this article is to protect, maintain, and enhance both the immediate and the long-term health, safety, and general welfare, of the citizens, residents, and inhabitants of Melbourne, Florida. In order to effectuate this stated purpose, this article has the following objectives:

(1) To establish a storm water management program within the city, which is mutually compatible with those developed by the Florida Department of Environmental Protection, the St. Johns River Water Management District, Brevard County, and other local governmental entities;

(2) To develop a storm water management program, to be responsible for the construction, operation, and maintenance of storm water devices; for storm water system planning; for review of development plans for compliance with storm water management codes; and for lake and river quality management;

(3) To create one (1) or more storm water management system benefit areas and adopt storm water utility fees or assessments sufficient to plan, construct, operate, and maintain storm water management systems throughout the city;

(4) To establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate, and maintain storm water management systems throughout the city;

(5) To encourage productive and enjoyable harmony between humanity and nature;

(6) To protect, restore, and maintain the chemical, physical, and biological integrity of community waters;

(7) To prevent individuals, business organizations, and governments from causing harm to the community, by activities which adversely affect water resources;

(8) To encourage the construction of drainage systems which aesthetically and functionally approximate natural systems;

(9) To encourage the protection of natural systems, and the use of such natural systems in ways which do not impair their beneficial functioning;

(10) To 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;

(11) To minimize the transport of pollutants to community waters;

(12) To maintain or restore groundwater levels;

(13) To protect, maintain, or to restore natural salinity levels in estuarine areas;

(14) To minimize erosion and sedimentation;

(15) To prevent damage to wetlands;

(16) To reduce damage from flooding, while recognizing that natural fluctuations in water levels are beneficial;

(17) To protect, restore, and maintain the habitat of fish and wildlife; and

(18) To ensure the attainment of these objectives by requiring the approval and implementation of a storm water management program for all activities which may have an adverse impact upon community waters; and

(19) To seek interlocal agreements with Brevard County and various municipalities located within Brevard County to ensure cooperative efforts toward joint development of compatible and efficient storm water management programs.

(Ord. No. 99-36, § 1, 9-21-99)

Sec. 27-2. Definitions.
(a) For the purposes of this article, the following terms shall have the meaning set forth in this section.

(1) Benefit area shall mean and refer to the area benefited by the storm water management system program, the boundaries of which are described in section 27-4.

(2) Council shall mean the city council.

(3) Director shall mean the director of the storm water utility program of the city or other successor in title, or such other person as is designated pursuant to an interlocal agreement.

(4) Division shall mean the storm water utility program or its successor in function, or such other agency as may be designated pursuant to an interlocal agreement.

(5) Equivalent residential unit (ERU) shall be defined to serve as a reference from which an equitable distribution of the cost of services and facilities can be made among all properties within the city through a storm water management service charge rate methodology. The equivalent residential unit within the city for the purpose of service charge rate making has been determined through engineering analysis to be a gross area of two thousand five hundred (2,500) square feet of effective impervious area.

(6) Impervious area means surface which has been compacted or covered with a layer of material that is highly resistant to infiltration by water, such as roofed and paved areas, including, but not limited to, area covered by roof, roof extension, slab, patio, porch, driveway, sidewalk, parking area and athletic area. It shall also include semi-impervious area, such as compacted clay.

(7) Lot shall mean a parcel of land shown on a recorded plat or on the Brevard County Property Appraiser's maps, or any piece of land described by deed and recorded in the public records of Brevard County, Florida.

(8) Person shall mean any and all persons, natural or artificial, and includes any individual, firm, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity.

(9) Property owner shall mean the person in whom is vested the fee ownership, dominion, or title of real property. This term may also include a tenant, if chargeable under tenant's lease for the maintenance of the subject real property, and any agent of the owner or tenant, including the developer.

(10) Storm water management program shall mean and refer to the city program by which the objectives set forth in section 27-1(b) shall be achieved and pursuant to which a storm water utility shall be operated to achieve those objectives.

(b) When consistent with the context, words used in the present tense shall include the future, and words in the future tense shall include the present tense. Words in the plural shall include the singular, and words in the singular shall include the plural. Words in the male gender shall include the female gender, and the word "shall" is always mandatory and not merely directive.
(Ord. No. 99-36, § 2, 9-21-99; Ord. No. 2005-74, § 1, 6-28-05)

Sec. 27-3. City storm water management program.
(a) Pursuant to the authority granted under Section 403.0891, et seq., Florida Statutes, the city council, hereby directs the city manager to develop and implement a storm water management program, for the purposes and objectives set forth hereunder.

(b) The storm water management program shall be instituted within the city, as the city boundaries are amended from time to time, dependent upon need and fiscal ability to plan, design, and construct necessary capital improvements therein.
(Ord. No. 99-36, § 3, 9-21-99)

Sec. 27-4. Storm water management system benefit areas.
(a) There is hereby created, pursuant to Section 403.0893(3), Florida Statutes, the city storm water management system benefit area, the boundaries of which shall be the incorporated limits of the city as amended from time to time.

(b) All property owners within the benefit area shall be assessed an annual storm water utility fee to fund the planning, construction, operation, maintenance and administration of a public storm water management system for the benefit area, pursuant to the criteria and standards set forth in this article, and any applicable rate resolution adopted pursuant hereto.

(c) In the event that said benefit area contains different land uses which receive substantially different levels of storm water benefits, storm water management system benefit sub-areas may be created, which shall be assessed different storm water utility fees from sub-area to sub-area based upon a reasonable relationship to benefits received.
(Ord. No. 99-36, § 4, 9-21-99)

Sec. 27-5. Storm water utility fee; rate resolution.
(a) Pursuant to the provisions of Section 403.0893, Florida Statutes, a storm water utility fee is hereby created and imposed on all real property located within the city's storm water management system benefit areas for services and facilities provided by the storm water management program.

(b) Said storm water utility fee shall constitute a non-ad valorem assessment, pursuant to the provisions of Section 403.0893, Florida Statutes.

(c) On or before the 15th day of September of the first year of assessment, the council shall hold a public hearing to adopt a rate resolution. The rate resolution shall stay in effect until such time as a change in the storm water utility fee or assessment is proposed. On or before the fifteenth [15th] day of September in the year of a proposed rate change, the council shall hold a public hearing to adopt the modified rate resolution for the purposes of imposing the storm water utility fee or assessment upon the owners of all real property located within the designated storm water management system benefit area. Said rate resolution shall incorporate a schedule of rates and classifications of all affected real property in the designated storm water management system benefit area.

(d) On or before the 15th day of September of each year, the council shall adopt a budget for the operation and maintenance of the storm water management program for the ensuing city fiscal year. Said budget shall include funds for the payment of outstanding and anticipated indebtedness, including all reserves necessary in connection with such financing, for the provision of contributions into such reserves as deemed necessary for future capital and land acquisitions and renewal and replacement of existing facilities, for the enforcement and administration of the billing and collection of the annual storm water utility fees or assessments provided for under the provisions of this article, including the necessary reserves for anticipated delinquent or uncollectible annual storm water utility fees or assessments, and for the payment of the current operation and maintenance of such storm water management program. The rate resolution adopted by the council shall provide sufficient revenues to fund the budget adopted for the operation and maintenance of the storm water management program.

(e) Notice of the public hearing concerning the above referenced rate resolution shall be published in a newspaper of general circulation in the city at least once, with the first publication being at least twenty (20) days prior to the public hearing. Said public hearing may be continued to a date certain without the necessity of further newspaper advertisement or public notice.
(Ord. No. 99-36, § 5, 9-21-99)

Sec. 27-6. Preparation and certification of the annual storm water utility assessment roll to tax collector.
(a) On or before the 15th day of September of each year, the director shall cause to be prepared an annual storm water utility assessment roll based on information provided by the property appraiser. Such roll shall contain a summary description of each parcel of real property within the designated storm water management system benefit areas; the name and address of the owner of each such parcel; the rate classification applicable to each parcel of real property as specified in the rate resolution; and the amount of the annual storm water utility fee or assessment applicable to each such parcel of real property. The summary description of each parcel of real property shall be in such detail as to permit ready identification of each parcel on the real property assessment roll.

(b) The council shall, at any regular or special meeting held on or before the 15th day of September of each year, review the annual storm water utility assessment roll prepared by the director for its conformity with the rate resolution provided for in section 27-5. The council shall make such changes or additions as necessary to conform such roll with the rate resolution. Upon the completion of such review, if the council shall be satisfied that the annual storm water utility assessment roll has been prepared in conformity with the rate resolution, it shall ratify and confirm such roll and certify the roll to the Brevard County tax collector for appropriate action.

(c) In the event that any classification of real property designated in the rate resolution requires an individual calculation of the annual storm water utility assessment, the director shall calculate and determine such annual storm water utility assessment.
(Ord. No. 99-36, § 6, 9-21-99)

Sec. 27-7. Method of collection of annual storm water utility assessment.
(a) Annual storm water utility assessments shall be collected and enforced in the same manner that ad valorem taxes are collected and enforced, including, but not limited to, provisions relating to discount for early payment, prepayment by the installment method, penalty for delinquent payment, and issuance of tax certificates and tax deeds for nonpayment, as provided for in Section 197.3631, Florida Statutes, as amended.

(b) Failure to pay the annual storm water utility assessment in the required manner will result in the issuance of a tax certificate against the subject property, and may result in the loss of title to the subject property.
(Ord. No. 99-36, § 7, 9-21-99)

Sec. 27-8. Separately prepared storm water utility assessment notice.
Nothing contained in this article shall be construed or interpreted to preclude the council from submitting, within its discretion, a separately prepared notice of the annual storm water utility assessment imposed on certain real property within the city, to the owner of such property, if, in the opinion of the council, such procedure will facilitate the billing and collection of such annual storm water utility assessment.
(Ord. No. 99-36, § 8, 9-21-99)

Sec. 27-9. Correction of errors and omissions; adjustments; petition to city council.
(a) No act of omission or commission on the part of the property appraiser, tax collector, the council, director, or their deputies or employees, shall operate to defeat the payment of the annual storm water utility assessment imposed by the council under the provisions of this article. Provided, however, any acts of omissions or commission may be corrected at any time by the officer or party responsible, and when so corrected they shall be construed to be valid ab initio and shall in no way affect any process by law for the enforcement of the annual storm water utility assessments imposed under the provisions of this article.

(b) The council shall have the authority, at any time, upon its own initiative or in response to a petition from any affected owner of real property, to correct any error of omission or commission in the adoption of any annual storm water utility assessment roll, or in the implementation of this article, and make necessary adjustments thereto.

(c) Any owner of real property may petition the council to correct any asserted error or omission or commission in relation to their property in the adoption of the annual storm water utility assessment roll, or any addendum to such roll, or in the implementation of this article, or any asserted exemption or basis for variance or mitigation from the adopted assessment against their property, within thirty (30) days of the date of mailing the final notice of ad valorem taxes and non-ad valorem assessments for the current year. Such petition shall be initiated by filing with the director a written petition containing the name of owner, a legal description of the real property affected, a summary description of the asserted error, or basis for exemption, variance, or mitigation, and the relief requested of the council. Such petition may be considered by the council at any regular or special meeting, with notice being provided to the petitioner; provided, however, that the council may establish, by resolution, a storm water utility appeals committee, and delegate to such committee the authority and responsibility to hear such petitions provided for under this section, pursuant to the procedures set forth in the enabling resolution creating such appeals committee.
(Ord. No. 99-36, § 9, 9-21-99; Ord. No. 2005-74, § 2, 6-28-05)

Sec. 27-10. Failure to include real property on annual storm water utility assessment roll.
When it shall appear that any annual storm water utility assessment might have been imposed under the provisions of this article against any parcel of real property, but such parcel of real property was omitted from the appropriate annual storm water utility assessment roll, the council may, by resolution, impose the applicable annual storm water utility assessment for the fiscal year in which such error is discovered, plus the applicable annual storm water utility assessment for up to the prior two (2) fiscal years if such real property was subject to an annual storm water utility assessment for such prior two (2) fiscal years. Such total annual storm water utility assessments shall become delinquent if not fully paid, upon the expiration of sixty (60) days from the date of the adoption of said resolution, and upon becoming delinquent shall be subject to the penalties and interest for delinquent annual storm water utility assessments, as provided in Chapter 197, Florida Statutes. Such total annual storm water utility assessments shall be subject to a discount for early payment, as provided in Chapter 197, Florida Statutes.
(Ord. No. 99-36, § 10, 9-21-99)

Sec. 27-11. Application of annual storm water utility assessment to governmental agencies.
All governmental agencies owning real property within designated stormwater management system benefit areas shall be exempt from the annual stormwater utility assessment imposed under the provisions of this article. Governmentally owned property leased for non-governmental purposes shall not be included within this exemption.
(Ord. No. 99-36, § 11, 9-21-99; Ord. No. 2001-30, § 1, 8-14-01)

Sec. 27-12. Applicability of storm water utility assessment to tax exempt real property.
The exemption of property from taxation under Florida law shall not relieve the owner of any such real property located within a designated storm water management system benefit area from the provisions of this article, or from the imposition by the board of the annual storm water utility assessment applicable to such real property, as specified in the rate resolution adopted under the provisions of section 27-5.
(Ord. No. 99-36, § 12, 9-21-99)

Sec. 27-13. Storm water utility fund.
(a) There shall be established a storm water utility fund for the deposit of all fees collected pursuant to this article, for each designated storm water management system benefit area.

(b) The storm water utility fund shall be used exclusively to provide services and facilities related to the storm water management program. Said funds shall only be utilized for the following expenditures, and shall be held as trust funds of the city:

(1) Operation or maintenance of storm water management systems constructed by the storm water management program benefiting the city;
(2) Costs for the planning, evaluation, design, construction, and management of the storm water management program;
(3) Administrative costs related to the management of the storm water management program;
(4) Management services, such as permit review and planning and development review related to the storm water management program;
(5) Debt service financing of capital improvements related to the storm water management program.

(Ord. No. 99-36, § 13, 9-21-99; Ord. No. 2005-74, § 3, 6-28-05)

Sec. 27-14. Sunset review.
During the year 2004 prior to July 1st of said year, the city manager shall report to the city council, since the inception of the storm water utility: the relative costs of the storm water utility program; what has been accomplished by the storm water utility; the amount of fees or assessments charged of property owners from year to year; what is currently required by federal or state law to be accomplished with regard to storm water management for which funds may be needed by the city; and the potential sources of said funds including sources other than a storm water utility. The city manager shall present with said report a recommendation whether to maintain or terminate said storm water utility. The council shall vote prior to September 15, 2004, whether to terminate the storm water utility.
(Ord. No. 99-36, § 14, 9-21-99)
Editor's note: The Melbourne City Council conducted a sunset review in accordance with this section at its June 22, 2004 Council meeting. At that meeting, the City Council voted to continue with and maintain the Stormwater Utility.

Sec. 27-15. Reserved.


ARTICLE II. STORM WATER MANAGEMENT PLAN

Sec. 27-16. Short title.
This article shall be known and may be cited as "The City of Melbourne Storm Water Management Ordinance."
(Code 1980, § 15 1/2-31)

Sec. 27-17. Findings of fact.
The council finds that uncontrolled drainage and development of land has a significant adverse impact upon the health, safety and welfare of the community. More specifically:

(1) Storm water runoff can carry pollutants into receiving water bodies, degrading water quality;

(2) The increase in nutrients such as phosphorus and nitrogen accelerates eutrophication of receiving waters, adversely affecting flora and fauna;

(3) Improperly channeling water increases the velocity of 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 their capacity to hold and transport water, interferes with navigation, and harms flora and fauna;

(6) Impervious surfaces increase the volume and rate of storm water runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge;

(7) Improperly managed storm water runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life;

(8) Improperly managed storm water runoff can interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting the biological productivity;

(9) Substantial economic losses result from these adverse impacts on community waters;

(10) Many future problems can be avoided if land is developed in accordance with sound storm water runoff management practices.
(Code 1980, § 15 1/2-32)

Sec. 27-18. Objectives.
In order to protect, maintain and enhance both the immediate and the long term health, safety and general welfare of the citizens of the city, this article has the following objectives:

(1) To encourage productive and enjoyable harmony between humanity and nature;

(2) To protect, restore and maintain the chemical, physical and biological integrity of community waters;

(3) To prevent individuals, business organizations and governments from causing harm to the community by activities which adversely affect water resources;

(4) To encourage the construction of drainage systems which aesthetically and functionally approximate natural systems;

(5) To encourage the protection of natural systems and the use of them in ways which do not impair their beneficial functioning;

(6) To encourage the use of drainage systems which minimize the consumption of electrical energy or petroleum fuels to move water, remove pollutants or maintain the systems;

(7) To minimize the transport of pollutants to community waters;

(8) To maintain or restore groundwater levels;

(9) To protect, maintain or restore natural salinity levels in estuarine areas;

(10) To minimize erosion and sedimentation;

(11) To prevent damage to wetlands;

(12) To prevent damage from flooding, while recognizing that natural fluctuations in water levels are beneficial;

(13) To protect, restore, and maintain the habitat of fish and wildlife; and

(14) To ensure the attainment of these objectives by requiring the approval and implementation of water management plans for all activities which may have an adverse impact upon community waters.
(Code 1980, § 15 1/2-33)

Sec. 27-19. Definitions.
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.

Agricultural lands shall mean those lands in any agricultural use including forestry for which an agricultural tax exemption has been granted.

Applicant shall mean any person applying for or who has been granted a permit to proceed with a project.

Aquifer shall mean an underground formation, group of formations, or part of a formation that is permeable enough to transmit, store or yield usable quantities of water.

Artificial drainage system shall mean any gutter, ditch, culvert, dike, storm sewer or other manmade facility which is to be or was installed to control the flow of surface water or groundwater.

As-built plans shall mean the final plans amended to include all locations, dimensions, elevations, capacities, capabilities, as actually constructed and/or installed.

City engineer shall mean the city engineer or his authorized representative.
 
Clearing shall mean the removal of surface features such as trees or brush from the land but shall not include mowing.

Construction shall mean any on-site activity which will result in the creation of a new storm water discharge facility, including the building, assembling, expansion, modification or alteration of the existing contours of the site, the erection of buildings or other structures, or any part thereof, or land clearing.

Department of environmental protection (DEP) shall mean the state department of environmental protection.

Detention or to detain shall mean the collection and temporary storage of storm water in such manner as to provide for treatment through physical, chemical or biological processes with subsequent gradual release of the storm water.

Development or development activity shall mean the construction, installation, demolition or removal of a structure, impervious surface or drainage facility; or clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; or adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site.

Discharge shall mean the outflow of water from a project, site, aquifer, drainage basin or facility.

Discharge point shall mean the point at which the water from the project or works under construction connects to another off-site drainage system.
Drainage system, natural drainage system shall mean the system through which water flows; it includes all watercourses, water bodies and wetlands.
Duration shall mean the period of time from beginning of rainfall to the ending of rainfall.
 
Engineer shall mean the engineer of record for the project under consideration.

Erosion shall mean the wearing or washing away of soil by the action of wind or water.

Event shall mean the specific storm which is, or is to be, considered in the design.

Existing shall mean the average condition at the project site immediately before development or redevelopment begins.

Floodplain shall mean the one-hundred-year floodplain as defined by the Federal Emergency Management Agency.

Floodway shall mean that portion of the floodplain defined as a floodway by the Federal Emergency Management Agency.

Groundwater shall mean water below the surface of the ground whether or not flowing through known and defined channels.

Hydrograph shall mean a graph of discharge versus time for a selected outfall point.

Impervious surface shall mean a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semipervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar surfaces.

Intensity shall mean the depth of accumulated rainfall per unit of time.
Land shall mean the earth, water, air above, below or on the surface and includes any vegetation.

Maintenance shall mean the action taken to restore or preserve the functional intent of any facility or system.

Natural flow pattern shall mean the rate, volume and direction of the surface or groundwater flow occurring under natural conditions for any given area.

Person shall mean an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal entity.

Project shall mean 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.

Project initiation shall mean all acts antecedent to actual construction activities and includes, but is not limited to, land clearing, utility construction and the like.

Rate shall mean volume per unit of time.

Receiving bodies of water shall mean any water bodies, watercourses and wetlands into which surface waters flow.

Recharge shall mean the inflow of water into a project, site, aquifer, drainage basin or facility.

Retention or to retain shall mean the prevention of, or to prevent, the discharge of a given volume of storm water runoff into surface waters by complete on-site storage where the capacity to store the given volume must be provided by a decrease of stored water caused only by percolation through soil, evaporation or evapotranspiration.

St. Johns River Water Management District (SJRWMD) shall mean a water management district created and operating under authority of Florida Statute Chapter 373.

Sediment shall mean solid material, whether mineral or organic, that is in suspension, is being transported, or has moved from its site or origin by air, water or gravity.

Sedimentation facility shall mean any structure or area which is designed to hold runoff water until suspended sediments have settled.

Site shall mean any tract, lot or parcel of land or combination of tracts, lots or parcels of land which is in one ownership, or contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision or project.

Site plan shall mean 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 ordinances.

Storm water management plan or drainage plan shall refer to the detailed analysis required by section 27-23 for each activity described in section 27-25.

Storm water management system shall refer to the designed features of the property which collect, convey, channel, hold, inhibit or divert the movement of storm water.

Storm water or runoff shall refer to the flow of water which results from, and which occurs during and immediately following, a rainfall event.
Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner but shall not include fences or signs.

Subdivision shall mean the division of a tract or parcel of land into more than two (2) or more lots or building sites.

Swale shall mean a natural or man-made drainage pathway, which if man-made has a top width-to-depth ratio of the cross-section equal to or greater than six (6) to one or side slopes equal to or greater than three (3) feet horizontal to one foot vertical; and has a grade as flat as the topography and design conditions will allow; and only contains contiguous areas of standing or flowing water following the occurrence of rainfall or flooding; and is planted with vegetation suitable for soil stabilization, storm water treatment, and nutrient uptake.

Volume shall mean occupied space and is measured in cubic units.

Water shall mean all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water standing, percolating or flowing beneath the surface of the ground, as well as all coastal waters within the county.

Watercourse shall mean any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks.

Water body shall mean any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

Water detention structure, water management structure shall mean a facility which provides for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

Water retention structure shall mean a facility which provides for storage of storm water runoff.

Wetlands shall mean land with either fresh or salt water marshes, swamps, bogs, and wet woodlands, 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; or (4) Areas with a predominance of wetland species and hydric soils.
(Code 1980, § 15 1/2-34; Ord. No. 2005-74, § 4, 6-28-05)

Sec. 27-20. Applicability.
This article shall apply in the incorporated area of the city, and to all areas not presently within these corporate limits but which are annexed into the limits whether by future council or legislative action.
(Code 1980, § 15 1/2-35)

Sec. 27-21. Prohibitions.
(a) No person may subdivide or make any change in the use of land, or construct any system or structure, or change the size of a structure except as exempted in section 27-22 without first obtaining a permit from the city engineer as provided herein.

(b) For the purposes of this article, the following activities may alter or disrupt storm water runoff patterns and will, therefore, unless exempt in accordance with section 27-22, require a permit prior to the initiation of any project:

(1) Clearing and/or construction of ditches, swales for drainage of land;

(2) Clearing and/or drainage of nonagricultural land for agricultural purposes;

(3) Converting agricultural land to nonagricultural purposes;

(4) Subdividing of land;

(5) Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions;

(6) Changing the use of land and/or the construction of a structure or a change in the size of one or more structures;

(7) Altering shorelines or banks of bodies of water;

(8) Increasing the impervious area of any parcel of land.

(Code 1980, § 15 1/2-36)

Sec. 27-22. Exemptions.
For the purposes of this article, the following activities shall be exempt from further consideration under the provisions set forth herein:

(1) Residential and/or commercial properties where such parcels are part of and the storm water management is included in the overall subdivision site plan or construction plan approval;

(2) Bona fide agricultural pursuits where no artificial drainage system will be used to increase the flow of water from the land;

(3) Maintenance work performed for the purpose of public health and welfare;

(4) Any maintenance, alteration, renewal, use or improvement to an existing structure or systems not materially changing or affecting the rate or volume of storm water runoff;

(5) Single-family or duplex residential construction on lots that are located within developed areas where the storm water runoff pattern is historically established.
(Code 1980, § 15 1/2-37)

Sec. 27-23. General requirements.
(a) Storm water management plan. A storm water management plan shall be submitted for all projects unless relief from the requirement is obtained under one of the following:

(1) The city engineer determines that the proposed project is exempt under the provisions of section 27-22, or (2) The building board of adjustments and appeals, after considering the recommendations of the city engineer, grants a variance to specific provisions of this article. The provisions of the plan shall meet the following general requirements:

(1) All proposed storm water management systems shall be designed to not create flood, safety or health hazards.

(2) All storm water management systems shall be designed to enhance groundwater recharge while reducing pollution. However, in an area designated as groundwater recharge area, the developer shall limit runoff from the proposed site to the greatest practicable extent. In addition, the city engineer, while enforcing standards set for pollution and sedimentation control, may encourage or request innovative approaches to achieve the above-stated purpose.

(3) Concurrent control of erosion, sedimentation, water pollution and flooding shall be mandatory.

(4) The name and address of the maintenance agencies, corporations, homeowners associations, or legal entity.

(5) Documentation sufficient to demonstrate that the maintenance agency is the legal entity empowered and obligated to perpetually maintain the storm water management systems.

(6) A written description of the methods to be used to maintain storm water management systems sufficiently to comply with the standards as provided by section 27-27 of the City Code.

(b) System design requirements. In the determination of rate and volume of runoff from project sites, the following computational methods shall be employed to develop hydrological data:

(1) For the predevelopment stage, runoff rates, volumes, and timing shall be developed by methods published by the U.S. Department of Agriculture, Soil Conservation Service (SCS) in Technical Release No. 55, "Urban Hydrology for Small Watersheds," and/or SCS National Engineering Handbook, Section 4, entitled "Hydrology." The Florida type II distributions published by the Soil Conservation Service in Technical Release No. 55, 2nd Edition, are acceptable. Alternative methods may be used if, in the opinion of the city engineer, the method produces similar results.

(2) For the post-development stage, the Santa Barbara Urban Hydrograph method as published in "Proceedings, National Symposium of Hydrology and Sediment Control," College of Engineering, University of Kentucky, 1975, is preferred for developed areas with high percentages of impervious surfaces. The Soil Conservation Service methods may be used where comparable results can be demonstrated.

(3) The design of water retention or detention structures and flow attenuation devices shall be subject to the approval of the city engineer pursuant to the requirements of this article.

(4) Runoff computations shall be based on the most critical situation related to antecedent soil moisture condition and conform to acceptable engineering practices using rainfall data and other local information applicable to the affected area.

(5) All storm water management systems shall be designed for a minimum of twenty-year life and shall have low maintenance cost and easy legal access for periodic maintenance.

(6) No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes.

(7) In those cases in which the site under consideration is a part of the natural watershed, provision shall be made for waters entering from beyond proposed site limits.

(8) The use of swaled greenways; flow control structures; stilling basins; grease, oil and sediment traps, and similar devices shall be used to minimize the adverse effects of storm water runoff on both surface and ground waters.

(9) In all cases involving retention ponds or detention basins, the side slopes shall conform to the following maximums or else the pond or basin shall be fenced in accordance with existing requirements for swimming pools.

a. In ponds or detention basins where water is expected to stand as a consideration of design, the maximum side slopes shall be five (5) horizontal to one vertical from top of bank to a depth of four (4) feet below normal water level.

b. In ponds or detention basins that are designed to be dry as the normal condition, the maximum side slopes shall be three (3) horizontal to one vertical.

(Code 1980, § 15 1/2-38; Ord. No. 87-16, § 1, 4-14-87; Ord. No. 2005-74, § 5, 6-28-05)

Sec. 27-24. Performance standards.
Storm water management plans shall be approved by the city engineer when it can be demonstrated that the proposed development activity has been planned, designed and will be constructed and maintained to meet each of the following performance standards:

(1) The hydrograph for the developed or redeveloped site shall not exceed the rate of flow or volume of runoff produced by conditions existing before development or redevelopment for the twenty five-year, twenty-four-hour storm. In addition, the cumulative impact of the outflow hydrograph on downstream flow shall be considered. Runoff rates and volumes resulting from the project, in excess of existing rates and volumes, shall be accommodated on-site.

(2) Storm water management systems shall be designed for the twenty-five-year, twenty-four-hour storm.

(3) Storm water runoff shall be subjected to best management practices 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 preventing or reducing the amount of pollution generated by the project to a level compatible with Florida water quality standards found in Chapter 17-3.

(4) On-site retention must be provided for the first inch of rainfall over the entire area.

(5) Channeling runoff directly into water bodies shall be prohibited. Instead, runoff shall be routed through swales and other systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle, and remove pollutants.

(6) Runoff from parking lots shall be appropriately treated to remove oil and sediment before it enters receiving waters.

(7) Vegetated buffer strips shall be created or, where practicable, retained in their natural state along the banks of all watercourses, water bodies or wetlands. The width of the buffer shall be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the water body and allow for periodic flooding without damage to structures.

(8) No grading, cutting or filling shall commence until erosion and sedimentation control devices shall have been installed between the disturbed area and water bodies, watercourses and wetlands.

(9) Land which has been cleared for development and upon which construction will not begin within thirty (30) days shall be protected from erosion and sedimentation by appropriate techniques.

(10) Sediment shall be retained on the site of the development.

(11) Wetlands and other water bodies shall not be used as sediment traps during development.

(12) Development, including grading and contouring, shall take place in a manner that protects the roots and stability of trees.
(Code 1980, § 15 1/2-39; Ord. No. 2005-74, § 6, 6-28-05)

Sec. 27-25. Contents of the storm water management plan for all development.
It is the responsibility of the applicant to include in the storm water management plan sufficient information for the city engineer to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on community waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The storm water management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions and explanations and citations to supporting references, as appropriate to communicate the information required by this section. The storm water management plan shall contain:

(1) The name, address and telephone number of the applicant.

(2) A location map.

(3) A description of the existing environmental and hydrologic conditions of the site and/or receiving waters, which shall include the following:

a. The direction, flow rate, and volume of storm water runoff existing conditions and, to the extent practicable, predevelopment conditions.

b. The location of areas on the site where storm water collects or percolates into the ground.

c. A description of all watercourses, water bodies and wetlands on or adjacent to the site or into which storm water flows.

d. Groundwater levels, including seasonable fluctuation.

e. Location of floodplains.

f. Vegetation.

g. Topography.

h. Soils.

(4) Proposed alterations of the site shall be described in detail, including:

a. Changes in topography.

b. Areas where vegetation will be cleared or adversely impacted.

c. Areas that will be covered with an impervious surface and a description of the surfacing material.

d. The size and location of any buildings or other structures.

(5) All components of the drainage system and any measures for the detention, retention or infiltration of water or for the protection of water quality shall be described in detail, including:

a. The channel, direction, flow rate and volume that will be conveyed from the site, with a comparison to existing conditions and, to the extent practicable, predevelopment conditions.

b. Detention and/or retention areas, showing size and volume.

c. Control structures and methods of recovering retention and/or detention volume, including plans for the discharge of contained wastes.

d. Areas of the site to be used or reserved for percolation.

e. A plan for the control of erosion and sedimentation which describes in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provisions for their maintenance.

f. Any other information that the developer or the city engineer believes is reasonably necessary for an evaluation of the development.

(6) All requirements of sections 27-23 and 27-24 shall be met. Construction plans and specifications for all components of the storm water management system shall be included in the storm water management plan, which shall be prepared, signed, and sealed by a professional civil engineer registered in the state.

(Code 1980, § 15 1/2-40; Ord. No. 2005-74, § 7, 6-28-05)
Sec. 27-26. Reserved.
Editor's note: Ord. No. 2005-74, § 8, adopted June 28, 2005, repealed § 27-26, which pertained to contents of the storm water management plan for parcels less than ten acres. See also the Code Comparative Table.

Sec. 27-27. Maintenance.
(a) The installed system required by this article shall be maintained by the legal entity responsible for maintenance.

(b) The city engineer shall approve a written maintenance plan upon a finding that the plan meets the terms of this article. The approved construction and maintenance plans shall become a part of the maintenance plan.

(c) The storm water management system to be maintained by the legal entity shall have adequate easements to permit the city to inspect, and if necessary, to take corrective action should the legal entity fail to maintain the system properly.

(d) If inspection reveals that the legal entity is not maintaining the storm water management system in accordance with section 27-27 of the City Code, the code enforcement division shall give the legal entity written notice of the corrective action required to be taken. Should the legal entity fail, within thirty (30) days of the notice, to complete such corrective action, the city may enter upon the property, take the necessary corrective action, and file a lien upon the properties responsible for the maintenance of the storm water system for the cost of such action.

(e) In the event an emergency situation is determined to exist by the code enforcement administrator after consulting with the city engineer, which endangers persons and/or property, the city may take corrective action. Any city actions and costs incurred may be recovered by the placement of a lien on the properties responsible for the maintenance of the storm water system.

(f) The legal entity shall execute and record a document acceptable to the city attorney and city manager, which defines its authority and responsibility for maintenance of the storm water management system, defines how the maintenance is to be performed, and provides a legal mechanism assuring the perpetuation of the maintenance.

(g) Maintenance of storm water facilities shall include the performance of the system as originally designed and permitted by the city and/or appropriate governmental agencies and as stated in the written plan.

(h) Maintenance shall include compliance with city building and construction codes, city nuisance codes, specifically Chapter 15, and other applicable city codes.
(Code 1980, § 15 1/2-42; Ord. No. 87-16, § 2, 4-14-87; Ord. No. 2005-74, § 9, 6-28-05)

Sec. 27-28. Permitting.
A permit is required for those projects/developments, land clearing and all other activities which must be considered under the provisions of this article, unless exempted by the city engineer in accordance with section 27-22. The requirements of this storm water management article will be implemented, and must be satisfied completely, prior to final plat approval, under the provisions of section 29-5.
(Code 1980, § 15 1/2-43)

Sec. 27-29. Permit fees.
A permit fee will be required as authorized in Chapter 2, section 2-216, and adopted by resolution of city council.
(Code 1980, § 15 1/2-44; Ord. No. 2005-74, § 10, 6-28-05)

Sec. 27-30. Review by city engineer.
The city engineer, within five (5) days of submittal, will determine the completeness of the application. Within forty-five (45) days after submission of the completed permit application package, the city engineer shall approve, with or without specified conditions or modifications, or reject the proposed plan, and shall notify the applicant accordingly. If the city engineer has not rendered a decision within forty-five (45) 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 his reasons for rejection or modification. If the applicant feels aggrieved due to rejection, modification or delay, he may request a hearing before the city building code board of adjustments and appeals.
(Code 1980, § 15 1/2-45)

Sec. 27-31. Inspections.
Subsequent to the applicant's satisfying the requirements of this article and other applicable ordinances, and the issuance of the appropriate permit, the applicant shall, during construction, arrange for and schedule the following inspections by the city engineer:

(1) During clearing operation and excavation, to assure that effective control practices relative to erosion and sedimentation are being followed.

(2) All underground conveyance and control structures, prior to backfilling.

(3) Final inspection when all systems required by the applicant's approved storm water management plan have been installed.
(Code 1980, § 15 1/2-46)

Sec. 27-32. Enforcement.
If the city engineer determines that the project is not being carried out in accordance with the approved plan or if any project subject to this article is being carried out without a permit, he is authorized to:

(1) Issue written notice to the applicant specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within three (3) working days.

(2) Issue a stop-work order directing the applicant or persons 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.
(Code 1980, § 15 1/2-47)

Sec. 27-33. Penalties.
Any person who violates or causes to be violated any provision of this article or permits any such violation or fails to comply with any of the requirements hereof shall be subject to enforcement action of the code enforcement board, pursuant to Florida Statutes. A separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues.
(Code 1980, § 15 1/2-48)
Cross references: Code enforcement board, § 2-131 et seq.

Sec. 27-34. Emergency exemption.
(a) This article shall not be construed to preclude 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 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.

(b) 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 no more than ten (10) days following such action. Remedial action may be required by the city engineer subject to appeal to the council in the event of dispute.
(Code 1980, § 15 1/2-49; Ord. No. 2005-74, § 11, 6-28-05)