(a) Uncontrolled drainage and development of land has a significant adverse impact upon the health, safety, and welfare of the citizens of the town. More specifically:
(1) Stormwater 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 stormwater 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 stormwater runoff, and allow less water to percolate into the soil, thereby decreasing groundwater recharge;
(7) Improperly managed stormwater runoff may increase the incidents of flooding and the level of floods which occur, thereby endangering property and human life;
(8) Improperly managed stormwater 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 town ecosystem;
(10) Sound stormwater utility manage- ment practices result in the avoidance of future problems concerning the development of land and the maintenance of the quality of the town 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 the town. In order to effectuate this stated purpose, this article has the following objectives:
(1) To establish a stormwater manage- ment program within the town, which is mutually compatible with those developed by the Florida Department of Environmental Protection, the St. Johns River Water Management District, Brevard County, Town of Indialantic, and other local governmental entities;
(2) To develop a stormwater manage- ment program, to be responsible for: the construction, operation, and maintenance of stormwater devices; stormwater system planning; review of development plans for compliance with stormwater management codes; and river quality management;
(3) To create one or more stormwater management system benefit areas and adopt stormwater utility fees or assessments sufficient to plan, construct, operate, and maintain stormwater management systems throughout the town;
(4) To establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate, and maintain stormwater management systems throughout the town;
(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 sediment- ation;
(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 stormwater management program for all activities which may have an adverse impact upon community waters.
(Ord. 2000-04, passed 8-16-00)