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GENERAL PROVISIONS
§ 54.01 PURPOSE.
   The city maintains a system of storm and surface water management, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, and infiltration facilities, swales and other components as well as natural waterways. All elements of these storm and surface water management systems, which provide for the collection, storage, treatment, and conveyance of stormwater, are of benefit and provide services to all property within the city. The city is granted the authority to exercise jurisdiction and control over stormwater systems and establish and administer local pollution control, surface water and stormwater management programs, and a stormwater utility under F.S. §§ 403.182, 403.0891, 403.0893 and 402.091 and under Sections 17-40.405 and 17-40.420; and Section 17-25 of the Florida Administrative Code, in order to provide for the management of stormwater; to control industrial stormwater discharges; prohibit illicit discharges; control spills, dumping and nonstormwater discharges which may adversely affect or contribute pollution to stormwater and or stormwater systems; establish interagency agreements to control stormwater discharges and intersystem linkages; prevent soil erosion; prevent excessive flooding and damage from floods; ensure water storage for beneficial purposes; maintain wetlands and other natural habitats for the protection and propagation of wildlife; promote conservation; develop proper utilization of surface water and groundwater; establish inspection and monitoring programs and procedures, and enforce compliance with ordinance conditions. The subchapters of this chapter, and all future amendments to said subchapters, shall take precedence over other ordinances and sections regarding stormwater management.
(Ord. O-93-52, passed 10-20-93)
§ 54.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BEST MANAGEMENT PRACTICES (BMPs). Management techniques recognized to best minimize pollutant and sediment loadings from stormwater runoff.
   CONSTRUCTION OPERATIONS. Any on-site construction activity which includes but is not limited to clearing, grading, excavation, building, assembling, expansion, modification, or alteration of existing contours of the property.
   DETENTION. The collection and temporary storage of stormwater in such a manner as to provide treatment through physical, chemical or biological processes with subsequent gradual release of the stormwater.
   DIRECTOR. The City Manager, or those to whom he or she has charged the interpretation, administration or enforcement of this code, or selected portions thereof.
   DRAINAGE AREA. The watershed area contributing surface and stormwater runoff to the city's stormwater management system.
   EQUIVALENT RESIDENTIAL UNIT (ERU). The statistical average horizontal impervious area of a single family residential unit within the city. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios,porches, driveways and sidewalks.
   NON-STRUCTURAL CONTROLS. Any activity designed to reduce pollutant loadings of stormwater including but not limited to management programs and policies, application of best management practices (BMP), and public education programs.
   ILLICIT DISCHARGE. Any discharge to a municipal separate storm sewer and or receiving water body that is not composed entirely of stormwater.
   INDUSTRIAL SITES. Sites of industrial activity directly related to manufacturing, processing, or raw materials storage that the city determines are contributing a pollutant loading to the storm sewer system.
   IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semiimpervious surfaces such as compacted clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces.
   IMPERVIOUS AREA. The area of land, measured in a horizontal plane, that has impervious surfaces.
   OFFICER. The means by which the provisions of this subchapter shall be enforced by code enforcement, building and zoning, and/or police officers.
   PERVIOUS SURFACE. Ground surface that is permeable to water infiltration.
   RECEIVING WATER. All surface and ground water bodies; all wetlands, lakes, rivers, streams, canals, sloughs, natural or unnatural water bodies; and all territorial waters and the ocean into which stormwater runoff directly or indirectly discharges.
   RETENTION. The prevention of stormwater runoff from direct discharge into receiving waters by utilizing discharge systems such as percolation, exfiltration, and evaporation processes.
   SIGNIFICANT MATERIAL. Includes, but is not limited to any material which could be determined to cause degradation to the environment and/or is hazardous to human health as defined by current federal, state, county, and city regulations.
   STORMWATER. Rainfall water that results from a rainfall event.
   STORMWATER MANAGEMENT PLAN. A plan for receiving, handling, treating and transporting stormwater.
   STORM SEWER OUTFALL. Point source where a municipal separate storm sewer discharges into receiving waters.
   STORMWATER RUNOFF. That part of precipitation that travels over natural, altered or improved surfaces to any receiving water or to a storm sewer system and is thereby discharged to any receiving water.
   STORMWATER SYSTEM. Includes all natural and manmade drainage elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable outlet location internal or external to the boundaries of the city. The stormwater system includes but is not limited to pipes, channels, catch basins, curbs, gutters, streams, ditches, wetlands, sinkholes, pub stations, roadways, detention/retention basins, swales, ponds and other stormwater conveyance and treatment facilities whether public or private.
   STRUCTURAL CONTROLS. Any stormwater system designed to control stormwater flow in order to meet water quality and or flood criteria including but not limited to levies, dikes, pump stations, spillways, locks, embankments, roadways, lakes, retention/detention basins and ponds.
   SURFACE AREA. All natural, altered, or improved surfaces on which stormwater runoff or infiltration occurs.
   SURFACE WATER. All surface natural and man-made water bodies, including but not limited to all lakes, rivers, canals, wetlands, sloughs, streams, territorial waters and the ocean into which stormwater runoff directly or indirectly discharges.
   SWALE. A man-made trench or depression designed to contain contiguous areas of standing or flowing water following a rainfall event which is planted with or has vegetation or material suitable for soil stabilization, surface water treatment, and nutrient uptake as approved by the city.
   UNDEVELOPED PROPERTY. That which has not been improved by the addition of any building, structure or impervious surface. For new construction, a property shall be considered developed pursuant to this chapter:
      (1)   Upon issuance of a Certificate of Occupancy, or upon completion of construction or final inspection if no such certificate is issued; or
      (2)   Where construction is at least 50% complete and construction is halted for a period of three months.
   WATER BASIN. The area which contributes to the flow of water into a receiving body of water.
   WATER BODY. All surface waters; all wetlands, lakes, rivers, streams, canals, sloughs, natural or unnatural waters; and all territorial waters and the ocean in which stormwater runoff directly or indirectly discharges into.
(Ord. O-93-52, passed 10-20-93)
STORMWATER UTILITY
§ 54.03 STORMWATER MANAGEMENT UTILITY FEE.
   (A)   A stormwater utility fee is hereby imposed upon each lot and parcel within the City for services and facilities provided by the Stormwater Management Utility. For purposes of imposing the stormwater utility fee, all lots and parcels will have the appropriate fee determined based upon impervious area.
   (B)   The Director is directed to prepare a list of lots and parcels within the City and assign a classification of residential, non-residential or undeveloped to each lot or parcel.
      (1)   The City Commission, upon recommendation of the Director, shall, by resolution, establish or amend the average square footage of impervious area of the ERU and shall, by resolution, establish or amend a reasonable rate for each ERU.
      (2)   The fee imposed for residential properties shall be the rate for one ERU multiplied by a factor, to be established by a resolution of the City Commission upon recommendation of the Director, which represents the average amount of impervious surface for the particular type of residential use, and divided by the impervious area of one ERU.
Fee = ERU rate X impervious factor
          ERU (in acres)
      (3)   The fee imposed for non-residential properties as defined herein shall be the rate for one ERU, to be established by resolution of the City Commission multiplied by the numerical factor obtained by dividing the total impervious area of a non-residential property by the ERU.
(ERU rate) x (impervious area)
      (ERU impervious area)
      (4)   The fee imposed for undeveloped properties as defined herein shall be the rate for one ERU multiplied by a factor and then divided by the square footage for one ERU. Said rate and factor shall be established by resolution of the City Commission.
      (5)   The Director shall be responsible for determining the impervious area based on data supplied by the County Property Appraiser, or by the property owner, tenant, or developer if such information is unavailable. The Director may require additional information as necessary to make the determination. The billing amount shall be updated by the Director based on any additions or deletions to the impervious area as approved through the building permit process.
      (6)   The minimum fee for any non-residential parcel shall be equal to the rate for one ERU and shall be established by resolution of the City Commission.
      (7)   The fee imposed to unoccupied developed lots and residential and non-residential parcels shall be the rate for one ERU multiplied by the numerical factor obtained by dividing the total impervious area measured by the ERU and said fee shall be established by resolution of the City Commission.
(Ord. O-93-52, passed 10-20-93; Am. Ord. O-2019-19, passed 9-18-19)
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