It is hereby ascertained, determined, and declared as follows:
(A) Through the National Pollutant Discharge Elimination System Stormwater permitting program, the U.S. Environmental Protection Agency, as implemented by the Florida Department of Environmental Protection, has mandated the City to implement and fund a comprehensive stormwater management program to reduce the contamination of stormwater runoff and prohibit illicit discharges. It is necessary to establish methods for controlling the introduction of pollutants into the City of Palm Bay's separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System permit process as set forth in Chapter 95 of the City of Palm Bay Code of Ordinances, to provide for public health, safety, environment, and general welfare of the property owners and citizens of Palm Bay.
(B) The Florida Legislature has mandated that local governments in the State of Florida, including the City, have the responsibility for developing mutually compatible Stormwater management programs consistent with the rules and regulations of the Florida Department of Environmental Protection and the water management districts and the Stormwater management programs established and maintained by other local governments.
(C) The City has, pursuant to Chapter 163, Florida Statutes, adopted the objectives and policies found in CON-1.2 of the Conservation Element of the City of Palm Bay Comprehensive Plan, which provide that the City shall design, manage, and operate the City's Stormwater Management System so the collection, storage, treatment, and conveyance of Stormwater within the City adequately protects surface water quality. The creation and maintenance of the City's Stormwater Utility was designed to implement the Conservation Element of the City of Palm Bay Comprehensive Plan and other municipal, federal and state policies mandating Stormwater management programs by local governments.
(D) Section 403.0893, Florida Statutes, specifically authorizes and encourages local governments, including the City, to provide Stormwater Management Services and create Stormwater programs and adopt Stormwater Charges sufficient to plan, construct, operate and maintain Stormwater Management Systems.
(E) Improper management of Stormwater increases erosion and sedimentation, which can decrease the capacity of water bodies to hold and transport water and interfere with navigation.
(F) The development and urbanization of property results in the creation of impervious surfaces which tend to increase the volume and rate of Stormwater runoff and decrease groundwater recharge from water percolating into the soil, thereby requiring the implementation of Stormwater management practices to offset such impacts.
(G) Improperly managed Stormwater runoff may increase the incidence and intensity of flooding, endangering persons and property within the City.
(H) Improperly managed Stormwater runoff may interfere with the water quality and quantity of the Indian River Lagoon and Turkey Creek and further disrupt biological diversity and productivity associated with such waterbodies.
(I) The public health, safety, and welfare are adversely affected by poor water quality and flooding resulting from inadequate Stormwater management practices.
(J) The improper management of Stormwater and adverse impacts upon the quality of water resources located within the City may result in substantial economic harm to the City and its citizens.
(K) Property owners within the City are eligible for flood insurance through the National Flood Insurance Program (NFIP), which enables these property owners to acquire federally backed flood insurance protection. To ensure that this coverage is available, the City is required to meet the minimum FEMA requirements for participation in the NFIP and failure to meet these requirements could result in flood insurance being either unavailable or prohibitively expensive to property owners within the City.
(L) The City maintains a system of Stormwater Management Facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, and other components as well as natural waterways.
(M) Those elements of the Stormwater Management System that provide for the collection, storage, treatment, and conveyance of Stormwater are of benefit and provide services to Benefitted Property within the City.
(N) The cost of operating and maintaining the Stormwater Management System and the financing of existing and future repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed, services received, or burden caused by properties served thereby.
(O) The Stormwater Charges authorized herein are consistent with the authority granted in section 403.0893, Florida Statutes. That statutory provision is additional and supplemental authority to the constitutional and statutory power of self-government granted to the City.
(P) It is necessary to establish methods for complying with regulatory mandates and programs related to the collection, treatment, and management of Stormwater. This includes, but is not limited to, the federally-mandated National Pollution Discharge Elimination System (NPDES) requirements; the Florida Department of Environmental Protection (FDEP) permit which the city holds to operate an MS4; city-wide water quality monitoring; federal, state and local mandates (stormwater and water quality); public outreach and education efforts; management of the waters of the Turkey Creek and Indian River Lagoon (inclusive of dredging, water quality, pollution control, debris removal and monitoring); the Illicit Discharge Ordinance (Chapter 95, City Code, Ordinance No. 2008-37) which applies to all properties within the city limits; stormwater infrastructure inventories and related stormwater management plan; grants acquisition and management; the implementation of city-wide stormwater Best Management Practices (BMP's); intergovernmental relations and regulations; stormwater permitting, plan review, and local regulation; right-of-way and driveway permitting; residential drainage permitting. These programs are designed to serve the greater good of all property owners, citizens, stakeholders and visitors to our community including those in subdivisions and similar developments both privately or publicly maintained.
(Ord. 2010-33, passed 8-17-10; Am. Ord. 2011-62, passed 12-1-11; Am. Ord. 2020-29, passed 7-2-20)