City of South Pasadena, FL Stormwater Runoff Control

The City Commission of the City of South Pasadena finds that uncontrolled stormwater runoff and development of land has a significant adverse impact upon the health, safety and welfare of the community. More specifically,

Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality.

The increase in nutrients such as phosphorus and nitrogen accelerates eutrophication of receiving waters, adversely affecting flora and fauna.

Improperly channeling water increases the velocity of runoff, thereby increasing erosion and sedimentation.

Construction requiring the alteration of natural topography and removal of vegetation tends to increase erosion.

Siltation of water bodies resulting from increased erosion decreases their capacity to hold and transport water, interferes with navigation, and harms flora and fauna.

Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge.

Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life.

Improperly managed stormwater runoff can interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting biological productivity.

Substantial economic losses result from these adverse impacts on community waters.

Many future problems can be avoided if land is developed and redeveloped in accordance with sound stormwater runoff management practices.

Florida Statutes § 163.3202(2)(d) requires the City to adopt and enforce land use development regulations providing for drainage and stormwater management.

Florida Statutes § 187.201(8)(b)(12) requires the City to eliminate the discharge of inadequately treated stormwater into the waters of the state.

Florida Statutes § 187.201(8)(b) and the Federal Clean Water Act (33 U.S.C. § 1251 et seq.) require the City to protect surface water quality and to improve and restore the quality of waters not presently meeting water quality standards.

Policy 8.8.3 of the Future of the Region: A Comprehensive Regional Policy Plan for the Tampa Bay Region, directs the City to require redevelopment projects to provide stormwater improvements within the affected drainage area.

§ 130-71 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 of South Pasadena, this Part 3 has the following objectives:

To encourage productive and enjoyable harmony between humanity and nature.

To protect, restore and maintain the chemical, physical and biological integrity of community waters.

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

To encourage the construction of drainage systems which aesthetically and functionally approximate natural systems.

To encourage the protection of natural systems and the use of them in ways which do not impair their beneficial functioning.

To encourage the use of drainage systems which minimized the consumption of electrical energy or petroleum fuels to move water, remove pollutants or maintain the system.

To minimize the transport of pollutants to community waters.

To maintain or restore groundwater levels.

To protect, maintain or restore natural salinity levels in estuarine areas.

To minimize erosion and sedimentation.

To prevent damage to wetlands.

To prevent damage from flooding, while recognizing that natural fluctuations in water levels are beneficial.

To protect, restore and maintain the habitat of fish and wildlife.

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.

To comply the mandates and directives of state land use planning laws and the Federal Clean Water Act.

§ 130-72 Definitions and word usage.

Unless specifically defined below, words or phrases shall be interpreted so as to give them the meanings they have in common usage and to give this Part 3 its most effective application. Words used in the singular shall include the plural, and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.

As used in this Part 3, the following terms shall have the meanings indicated:

ADVERSE IMPACTS

Any modifications, alterations or effects on a feature or characteristic of community waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts.

CONSTRUCTION

Any on-site activity which will result in the creation of a new surface water management system, or the abandonment or alteration of an existing surface water management system, including the building, assembling, expansion or recontouring of the property; the erection of buildings or other structures, or any part thereof, or land clearing.

DETENTION

Refers to the collection and storage of surface water for subsequent gradual discharge.

DEVELOPER

Any person who engages in development either as the owner or as the agent of an owner of property.

DEVELOPMENT or DEVELOPMENT ACTIVITY

(1)

The construction, installation, alteration, demolition or removal of a structure, impervious surface or drainage facility.

(2)

Clearing, scraping, grubbing or otherwise removing or killing the vegetation of a site.

(3)

Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site.

EROSION

The wearing or washing away of soil by the action of wind or water.

FLOOD

A temporary rise in the level of any water body, watercourse or wetland which results in the inundation of areas not ordinarily covered by water.

HISTORIC DISCHARGE

The peak rate and/or amount of runoff, which leaves a parcel of land by gravity from an undisturbed/existing site, or the legally allowable discharge at the time of the permit application. The legally allowable discharge is determined by the Southwest Florida Water Management District (SWFWMD) rules.

[Added 6-8-2004 by Ord. No. 2004-03]

IMPERVIOUS SURFACE

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 semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

NATURAL SYSTEMS

Systems which predominantly consist of or use those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water.

OWNER

The person in whom is vested the fee ownership, dominion, or title of property, i.e., the proprietor. This term may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant including a developer.

PERSON

Any and all persons, natural or artificial, and includes any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

PREDEVELOPMENT CONDITIONS

Those conditions which existed before alteration, resulting from human activity, of the natural topography, vegetation and rate, volume or direction of surface or ground water flow, as indicated by the best available historical data.

RECEIVING BODIES OF WATER

Any water bodies, watercourses or wetlands into which surface waters flow either naturally, in manmade ditches or in a closed conduit system.

REDEVELOPMENT

Any development or development activity which requires a building permit from the City to modify, alter or reconstruct a previously developed site other than activities associated with constructing fences or signs.

RETENTION

Refers to the collection and storage of runoff without subsequent discharge to surface waters.

SEDIMENT

Fine particulate material, whether mineral or organic, that is in suspension or has settled in a waterbody.

SITE

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

STRUCTURE

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.

SUBDIVIDE

To divide the ownership of a parcel of land, whether improved or unimproved, into three or more contiguous lots or parcels of land, whether by reference to a plat, by metes and bounds or otherwise, or, if the establishment of a new street is involved, any division of a parcel of land. Subdivision includes a resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

SURFACE WATER MANAGEMENT SYSTEM

The collection of facilities, improvements or natural systems whereby surface waters are collected, controlled, treated, conveyed, impounded or obstructed.

SURFACE WATER

Water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as "surface water" when it exits from the spring onto the earth's surface.

WETLANDS

Those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances do or would support, a prevalence of vegetation or aquatic life that requires saturated or seasonally saturated soil condition for growth and reproduction, such as swamps, marshes, bayheads, cypress ponds, sloughs, wet prairies, wet meadows, river overflows, mud flats and natural ponds.

§ 130-73 Permits; variances.

Any new development or redevelopment activity must apply for and obtain a surface water management permit from the City prior to commencing construction. Redevelopment of individual single-family homes shall be exempt from having to obtain surface water management permits, provided that the site where the single-family home is located has at least 40% pervious surface area.

The City Commission may grant a written variance from any requirement of this Part 3 based upon an affirmative finding on each of the following:

(1)

A literal enforcement of this Part 3 would result in unnecessary, unique and undue hardship on the property owner.

(2)

The granting of this variance would not impair the attainment of the objectives of this Part 3.

§ 130-74 Permit requirements and procedures.

Permit requirements.

(1)

Applicants for a permit must provide reasonable assurances that the proposed surface water management system:

(a)

Provides adequate flood protection and drainage.

(b)

Will not cause adverse water quality and quantity impacts on receiving waters and adjacent lands.

(c)

Will not cause discharges that result in any violation, in surface waters of the state, of the applicable water quality standards and criteria set forth in Chapter 62 of the Florida Administrative Code.

[Amended 6-8-2004 by Ord. No. 2004-03]

(d)

Will not cause adverse impacts on surface and ground water levels and flows.

(e)

Will not diminish the capability of a lake or other impoundment to fluctuate through the full range set forth in Chapter 40D-8 of the Florida Administrative Code.

[Amended 6-8-2004 by Ord. No. 2004-03]

(f)

Will not cause adverse environmental impacts, or adverse impacts to wetlands, fish and wildlife, or other natural resources.

(g)

Can be effectively operated and maintained.

(h)

Will not adversely affect public health and safety.

(i)

Is consistent with the requirements of other public agencies.

(2)

Demonstrating compliance with the standards and criteria contained in the Basis of Review for Surface Water Management Applications within the Southwest Florida Water Management District, latest revision, and providing the minimum green space required by the City Code shall be deemed to demonstrate reasonable assurance of compliance with requirements in Subsection A(1)(a) through (i) above. Copies of the Basis for Review are available from Southwest Florida Water Management District free of charge. All applications shall be signed and sealed by a registered professional engineer. In the event an applicant is unable to provide all of the required on-site treatment, a payment in lieu of on-site treatment shall be made by the applicant to the City's Water Quality Enhancement Trust Fund in a pro rata account commensurate with the cost of purchasing that amount of land necessary to develop a surface water management treatment system, within the same drainage basin, which would meet the full requirements of this Part 3. Said payment shall include the design, engineering, permitting and construction costs necessary to develop the facility.

[Amended 6-8-2004 by Ord. No. 2004-03]

Permit applications shall be filed with the City Department of Community Improvement. Within 30 days after submission of the application, the City shall approve, approve with conditions or modifications, reject the plan or request additional information. If the City has not rendered a decision within 30 days after plan submission, it shall inform the applicant of the status of the review process and the anticipated completion date. If the plan is rejected or modified, the City shall state its reasons. However, it is not the responsibility of the City to design an acceptable project.

A permit fee will be collected at the time the plan is submitted and will reflect the cost of administration and management of the permitting process. The City Commission shall establish, by resolution, a fee schedule which may be amended from time to time by the City Commission by resolution. Notice of such resolution shall be published not less than 15 days prior to adoption.

The City shall have the right to inspect the surface water management systems during construction and after the system is fully operational in order to determine if it is being properly maintained.

Upon completion of the surface water management system, the applicant shall provide the City with a written certification by a registered professional engineer that the surface water management system was built as specified in the Plan submitted to and approved by the City.

Any person aggrieved by the action of any official charged with the enforcement of this Part 3, as the result of the disapproval of a permit application, issuance of a notice of violation, or an alleged failure to properly enforce this Part 3, shall have the right to appeal to the City Commission. The appeal shall be filed in writing within 20 days of the date of official transmittal of the final decision or determination to the applicant, and shall state clearly the grounds on which the appeal is based.

The permit issued by the City does not relieve the owner or developer from obtaining other stormwater runoff control permits, environmental resource permits or other permits from agencies including the Florida Department of Transportation, the Florida Department of Environmental Protection, Pinellas County, the City of Saint Petersburg, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency or Southwest Florida Water Management District.

[Added 6-8-2004 by Ord. No. 2004-03]

§ 130-75 Maintenance.

The property owner shall be responsible for maintaining the surface water management system. The system shall have adequate easements or access to permit inspection and maintenance.

A written annual certification of maintenance by the property owner shall be submitted to the City Department of Community Improvement. This certification will be due in the month the as-built certification was submitted to the City.

The owner of the surface water management system shall take all maintenance corrective requested by the City. If the owner fails within 30 days to commence corrective action or to appeal the matter to the City Commission, the City may take the necessary corrective action, the cost of which shall become a lien on the real property until paid.

§ 130-76 Enforcement.

Nuisance. Any development activity that is commenced without prior approval of a surface water management plan or is conducted contrary to an approved surface water management plan as required by this Part 3 shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.[1]

[1]

Editor's Note: Original Subsection (2), which immediately followed this subsection, regarding penalties, was deleted 4-27-1993 by Ord. No. 93-08.

Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

Notice of violation. When the City determines that development activity is not being carried out in accordance with the requirements of this Part 3, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

(1)

The name and address of the owner or applicant.

(2)

The street address when available or a description of the building, structure or land upon which the violation is occurring.

(3)

A statement specifying the nature of the violation.

(4)

A description of the remedial actions necessary to bring the development activity into compliance with this Part 3 and a time schedule for completion of such remedial action.

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.

(6)

A statement that the Department of Community Improvement's determination of violation may be appealed to the City by filing a written notice of appeal within 15 days of service of notice of violation.

The notice of violation shall be served upon the person(s) to whom it is directed either personally, or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested of such person at his or her last known address.

Any person, firm, corporation or agent who or which violates any of the provisions of this Part 3 or who fails to comply therewith shall be punished as set forth in Chapter 1, General Provisions, Art. II, of this Code.

[Amended 4-27-1993 by Ord. No. 93-08]