Wauchula |
Code of Ordinances |
Part III. UNIFIED LAND DEVELOPMENT CODE |
Article 3. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS |
§ 3.05.00. Stormwater Management.
Treatment of stormwater runoff shall be required for all development, redevelopment, and, when expansion occurs, existing developed areas, as required by SWFWMD. The stormwater treatment system or systems can be project specific, or serve sub-areas within the County. The design and performance of all stormwater management systems shall comply with applicable State Regulations (Chapter 17-25 and Chapter 17-302, Florida Administrative Code) and the rules of the SWFWMD stated in Chapter 40D-4, F.A.C. Stormwater discharge facilities shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C. Steps to control erosion and sedimentation shall be taken for all development.
3.05.01 Stormwater Management Requirements
(A)
Performance Standards. All development must be designed, constructed, and maintained to meet the following performance standards:
(1)
While development activity is underway and after it is completed, the characteristics of stormwater runoff shall approximate the rate, volume, quality, and timing of stormwater runoff that occurred under the site's natural unimproved or existing state, except that the first one inch of stormwater runoff shall be treated in an off-line retention system or according to FDEP's Best Management Practices.
(2)
Maintenance activity may be undertaken so long as it does not change or affect the quality, rate, volume, or location of stormwater flows on the site or of stormwater runoff.
(3)
Actions may be undertaken during emergency conditions that violate these regulations to prevent imminent harm or danger, or to protect property from fire, violent storms, hurricanes, or other hazards. Upon cessation of the emergency, all activities shall conform to this Section.
(4)
Agriculture activity may be engaged in, provided farming activities are conducted in accordance with the requirements set forth in an approved Soil Conservation Service Conservation Plan. If the Conservation Plan is not implemented accordingly, this exemption shall become void and a stormwater permit shall be required.
(B)
Residential Performance Standards. It is intended that all of the standards in the citations from the Florida Administrative Code are to apply to all development and redevelopment and that exemptions based on project size thresholds and individual structures do not apply for concurrency determinations. All development must meet F.A.C. and subsequently meet the following performance standards.
(1)
New Construction. For the purposes of determining whether residential development of 1-4 units on an individual lot, retention is required if any one of the following standards exists:
a.
Structure and any impervious surface is closer than 100 feet from the receiving water body;
b.
the topography of the lot is greater than a six percent slope;
c.
the total of all impervious surface is 25% or more for buildings and paved areas of the total lot area.
(2)
Infill development. Infill development within an existing subdivision or a developed residential area is exempt from a retention area, when the following condition has been met:
a.
Infill residential development shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C.
3.05.02 Design Standards To comply with the foregoing performance standards, the proposed stormwater management system shall conform to the following design standards:
(A)
Detention and retention systems shall be designed to comply with the FDEP's Best Management Practices.
(B)
To the maximum extent practicable, natural systems shall be used to accommodate stormwater.
(C)
The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development and stormwater that flows onto or across the development from adjacent lands.
(D)
The proposed stormwater management system shall be designed to function properly for a minimum 20-year life.
(E)
The design and construction of the proposed stormwater management system shall be certified as meeting applicable requirements, by a professional engineer registered in the State of Florida.
(F)
No surface water may be channeled or directed into a sanitary sewer.
(G)
The proposed stormwater management system shall be compatible with the stormwater management facilities on surrounding properties or streets, taking into account the possibility that substandard systems may be improved in the future.
(H)
The banks of detention and retention areas shall be sloped at no less than a 3:1 ratio and shall be planted with appropriate vegetation.
(I)
Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing, or otherwise altering natural surface waters shall be minimized.
(J)
Natural surface waters shall not be used as sediment traps during or after development.
(K)
Water reuse and conservation shall, to the maximum extent practicable, be achieved by incorporating the stormwater management system into irrigation systems serving the development.
(L)
Vegetated buffers of sufficient width to prevent erosion shall be retained or created along the shores, banks, or edges of all natural or man-made surface waters.
(M)
In phased developments, the stormwater management system for each integrated stage of completion shall be capable of functioning independently.
(N)
All detention and retention basins, except natural water bodies used for this purpose, shall be accessible for maintenance from streets or public rights-of-way.
3.05.03 Dedication or Maintenance of Stormwater Management Systems
(A)
Dedication. If a stormwater management system approved under this Code will function as an integral part of a City-maintained drainage system, as determined by the City, the facilities may be dedicated to the City of Wauchula. The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the stormwater management system from the time construction begins until the stormwater management system is dedicated to and accepted by another acceptable entity. All stormwater management systems that are not dedicated to the City shall be operated and maintained by one of the following entities:
(1)
The property owner or developer if:
a.
Written proof is submitted in the appropriate form by either letter or resolution, that a governmental entity or such other acceptable entity will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future; or
b.
A bond or other assurance of continued financial capacity to operate and maintain the system is submitted;
(2)
For-profit or non-profit corporations including homeowners associations, property owners associations, condominium owners associations, or master associations if:
a.
The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the City affirmatively taking responsibility for the operation and maintenance of the stormwater management facility; or
b.
The association has sufficient powers reflected in its organizational or operational documents to operate and maintain the stormwater management system as permitted by the City, establish rules and regulations, assess members, contract for services and exist perpetually, with the Articles of Incorporation providing that if the association is dissolved, the stormwater management system will be maintained by an acceptable entity as described above;
(3)
An active water control district created pursuant to Chapter 298, Florida Statutes, or drainage district created by special act, or Community Development District created pursuant to Chapter 190, Florida Statutes, or Special Assessment District created pursuant to Chapter 170, Florida Statutes;
(4)
A State or Federal agency;
(5)
An officially franchised, licensed, or approved communication, water, sewer, electrical, or other public utility; or
(6)
Hardee County.
(B)
Phased Development. If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase or phases, the operation and maintenance entity shall have the ability to accept responsibility for the operation and maintenance of the stormwater management systems of future phases of the project.
In phased developments that have an integrated stormwater management system, but employ independent operation and maintenance entities for different phases, such entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities, should any entity fail to maintain a portion of the stormwater management system within the project.