a)

The purpose of this chapter is to:

1)

Preserve the water resources of the Town, which are critical to the public health, safety and welfare of its citizens.

2)

To control stormwater runoff so as to prevent erosion, sedimentation and flooding.

3)

To encourage recharge of the aquifer upon which the public depends for potable fresh water.

b)

The intent of these design standards is to encourage environmentally sound stormwater management practices; they should go beyond simply providing drainage facilities. Emphasis should be placed on the use of upland facilities for stormwater control and groundwater recharge. Developments that sacrifice recharge and upland controls in order to maximize the number of lots will not be allowed. The Town's stormwater management perspective includes the control of both water quantity and water quality.

c)

The requirements hereafter are designed to allow landowners reasonable use of their property while promoting the following objectives:

1)

To prevent loss of life and significant loss of property due to flooding.

2)

To protect, restore, and maintain the chemical, physical and biological quality of ground and surface waters.

3)

To encourage productive and enjoyable harmony between humanity and nature.

4)

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

5)

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

6)

To minimize the transport of sediments and pollutants to surface waters.

7)

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

8)

To perpetuate natural groundwater recharge.

9)

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

10)

To ensure the attainment of these objectives by requiring approval and implementation of water management plans for all activities which may have an adverse affect upon groundwater and surface water.

11)

To implement the Surface Water Management (SWM) program of the St. Johns River Water Management District (SJRWMD).

a)

The requirements of this chapter shall apply to all areas in the Town of Lady Lake and shall be satisfied completely prior to final project approval by the Town.

b)

No person shall conduct a development activity, subdivide, make any change in the use of land, construct any stormwater management system or structure, or change the size of an existing structure or system, except as exempted later in this chapter, without first obtaining approval from the Town as provided herein.

c)

Approval of the stormwater management plans shall be contingent on approval of any required permit from the St. Johns River Water Management District; however, approval by SJRWMD will not result in automatic approval of the stormwater management plans by the Town.

All activities which are exempt from permitting per SJRWMD regulations shall be exempted from further consideration under the provisions set forth herein.

The stormwater management system design shall conform to the following standards:

a)

Projects shall be designed so that stormwater discharges meet, at a minimum, the water quality criteria set forth by the St. Johns River Water Management District, Applicant's Handbook, Management and Storage of Surface Waters, in order to achieve the state water quality standards established by the Florida Department of Environmental Protection in Chapter 17-3, Florida Administrative Code, or as amended.

b)

Wetlands shall only be used for stormwater treatment as allowed by SJRWMD criteria, providing that one-half (½) of the required treatment volume is retained in an offline pollution abatement pond in order to skim the first flush prior to discharge into the wetland. The applicant must provide assurance that this offline retention will not deprive the wetland of water which will alter the hydroperiod.

a)

Runoff Volume and Peak Rate.

Design storm (minimum):

Rainfall frequency, duration, and distribution for stormwater management systems are to be in accordance with the SJRWMD Applicant's Handbook.

b)

Water quality.

1)

All developments will treat the required pollution abatement volume prior to discharge to receiving waters. When pollution abatement volumes and detention volumes to reduce the peak rate of discharge are incorporated into one (1) facility, the volume of water impounded to reduce peak discharges in excess of the pollution abatement volume must be discharged by a positive, non-filtering system.

2)

The pollution abatement volume and treatment method shall be as required by SJRWMD, 40C-42, except that sites utilizing a Wetlands Stormwater Management System must treat one-half (½) of the required volume in an offline detention pond before discharging into the wetland.

c)

Peak rate and volume attenuation.

1)

Peak rate and volume attenuation shall be as required in the SJRWMD regulations.

2)

Credit for seepage through the pond bottom to further reduce the peak rate of discharge, or runoff volume, will not be allowed unless accompanied by supporting documentation prepared by a professional engineer.

d)

Development within floodprone areas (100-Year flood). All development within floodprone areas as delineated on the official National Flood Insurance Program, Flood Insurance Rate Maps, or the latest and best information available, shall comply with the requirements of SJRWMD and the criteria in the "Flood Damage Prevention" section of the "Building and Fire Codes" chapter.

e)

Easements required.

1)

Ditches, canals, retention areas, storm sewers or any other drainage facility shall have sufficient easements for the facility plus an unobstructed maintenance berm as necessary. Said easement shall be contiguous to a public right-of-way/easement and shall allow for suitable access by maintenance equipment.

2)

Easement size shall be as specified in the "Developmental Procedures and Regulations" chapter of this Code.

f)

Retention/detention pond requirements.

1)

Side slopes shall be designed per SJRWMD regulations.

2)

Maintenance berms shall have slopes no steeper than one (1) foot vertically for every twenty (20) feet horizontally.

3)

Where retention/detention areas are located on the project periphery, the developer may be required to provide additional landscaping or screening to adequately protect abutting properties, not including right-of-ways.

4)

Fenced stormwater facilities are discouraged within the Town and shall only be allowed if approved by the Town Manager or designee. Stormwater facilities which require fencing due to steep side slopes which potentially endanger human life, must be designed with a six (6) foot high chain link fence or better (i.e., brick wall) around entire perimeter including maintenance berms and provide an access for maintenance vehicles.

5)

One foot (1') minimum freeboard is required above design storm high water elevation.

g)

Open channels.

1)

With the exception of "roadside swales" and natural watercourses, open channels shall not be permitted within one hundred (100) feet of residential lots or school sites unless the open channel is fenced or approved by the Town Manager or designee.

2)

Wherever possible, drainage shall be maintained in an existing open channel with appropriate sodded banks and adequate width for the maximum potential volume of flow. A closed drainage system may be approved by the Town Manager or designee.

3)

The maximum side slopes shall be three to one (3:1) for channels four (4) feet deep or less and two to one (2:1) if greater than four (4) feet deep.

4)

A roadside ditch shall have a three (3) foot minimum bottom width and a two (2) foot minimum depth, below the shoulder of the road.

5)

Erosion protection.

a)

Roadway (pavement) design.

1)

General. Good pavement drainage design consists of the proper selection of grades, cross slopes, curb types, inlet locations, etc., to remove the design storm rainfall from the pavement in a cost-effective manner while preserving the safety, traffic capacity, and integrity of the highway and street system. These factors are generally considered to be satisfactory, provided that excessive spreads of the water are removed from the vehicular traveled way and that siltation at pavement low points is not allowed to occur. The guidelines included herein will accomplish these objectives.

2)

Minimum groundwater clearance.

A)

The seasonal high groundwater table shall be established by an engineer or professional geologist.

B)

All streets should be designed as specified in the "Transportation Standards "chapter of this Code to provide a minimum clearance to the seasonal high groundwater table, or the artificial water table induced by a road underdrain system.

C)

Swales will be permitted only when the seasonal high groundwater table is a minimum of two (2) feet below the invert of the swale. Swales shall be constructed to allow positive drainage from the pavement to the invert of the swale (i.e., no ponding of water at the edge of pavement).

3)

Curb and gutters. All roadway drainage not considered suitable for swale and/or ditch type drainage shall be designed with curb and gutter using the criteria in the Transportation Standards of this Code.

4)

Stormwater spread into traveled lanes. The acceptable spread limits for arterial and collector roadways are defined as approximately one-half (½) the traveled lane width. Acceptable spread limits for local roadways are defined as being below the crown of the road.

b)

Storm sewer and culvert design.

1)

Minimum pipe size.

A)

The minimum size of pipe to be used in storm sewer systems is fifteen (15) inches.

B)

The minimum size of pipes to be used for culvert installations under roadways shall be eighteen (18) inches. The minimum size of pipes to be used for driveway crossings shall be fifteen (15) inches.

2)

Pipe grade.

A)

All storm sewers shall be designed and constructed to produce a minimum velocity of two (2.0) feet per second (fps) when flowing full.

B)

No storm sewer system or portion thereof shall be designed and constructed to produce velocities in excess of ten (10) fps for both reinforced concrete pipe and metal pipe.

C)

The maximum slope allowable in a culvert shall be a slope that produces a twenty (20) fps velocity within the culvert barrel.

D)

A headwall, inlet, manhole, or mitered end section is required at the end of a pipe and erosion protection and/or energy dissipators shall be required to properly control entrance and outlet velocities, unless the outlet is permanently submerged.

3)

Maximum lengths of pipe. The following maximum lengths of pipe shall be used when spacing access structures of any type.

4)

Allowable materials. Allowable material for storm sewers and structures shall be in accordance with Florida Department of Transportation standards and specifications, and all other applicable Town Codes unless approved by the Town Manager or designee. Only reinforced concrete shall be allowed under roads and driveways. All exposed pipe shall be of similar material.

5)

Minimum cover. Minimum cover shall be one (1) foot below the final pavement grade.

6)

Design tailwater. All storm sewer systems and culverts shall be designed taking into consideration the tailwater of the receiving facility or waterbody. The tailwater elevation used shall be based on the design storm frequency.

7)

Design procedure.

A)

The hydraulic gradient line for the storm sewer system shall be computed taking into consideration the design tailwater on the system and the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.

B)

The design storm frequency to be utilized for the design of pavement drainage shall be as follows:

a)

The purpose of this section is to provide specific criteria for allowable clearing and grading in order to prevent soil erosion and any impact on adjoining properties. In addition, the purpose of this section is to comply with Comprehensive Plan Policy 5-1.2.7 Reduce Sediments and Suspended Solids Associated with Shoreline Erosion and Policy 5-1.7.1 Implementing Erosion Control.

b)

Procedures for acquiring a clearing and tree permit, if clearing is to be done prior to receiving a Development Order, shall be as specified in the "Developmental Procedures and Regulations" chapter of this Code.

c)

Standard practices shall be used to prevent erosion and the depositing of soil off-site per St. Johns River Water Management District regulations. This shall also include the protection of bare soils from wind forces.

d)

The burying or depositing of rubbish, logs, lumber, building materials, concrete block, underbrush, trash or other matter which would decompose or allow the land to settle is prohibited. Duly authorized landfills and limited burying as part of the construction of landscaped berms and similar features in non-buildable areas may be approved.

e)

Shoreline and Wetland Areas. No such vegetation which is protected as specified in the Environmental Regulations chapter of this Code shall be disturbed without the required state and federal regulatory agency permits.

f)

The property owner or his agent must implement and operate all erosion and sediment control measures required to retain sediment onsite and to prevent violations of water quality standards as specified in Chapters 17-3 and 17-4, F.A.C., or as amended. The property owner or his agent is encouraged to use appropriate Best Management Practices for erosion and sediment control as described in the Florida Land Development Manual: A Guide to Sound Land and Water Management, FDEP, latest edition.

a)

Off-site easements for stormwater management facilities will be required when either of the following conditions exist:

1)

The discharge is into any man-made facility for which the Town does not have either a drainage easement or right-of-way.

2)

The discharge is into a natural system such that the rate or character (i.e., sheetflow vs. concentrated flow) of the flow at the property line has been changed. The easement will be required to a point at which natural conditions are duplicated, and where no adverse impact outside the easement occurs.

b)

When a development is traversed by an existing open channel that is to remain, the applicant shall provide a drainage easement or right-of-way conforming substantially to the lines of such watercourse or open channel.

a)

It is the responsibility of the applicant to include in the plan application sufficient information for the Town Manager or Designee to evaluate:

1)

The environmental and hydraulic characteristics of the affected areas.

2)

The potential and predicted impacts of the proposed activity on community waters.

3)

The effectiveness and acceptability of those measures proposed by the applicant for eliminating or reducing adverse impacts.

4)

The ability of an entity to properly maintain the system.

b)

The applicant shall include in the submittal all plans, calculations and supporting information that is to be submitted to SJRWMD. In addition to this, other information that is to be included with or on the plans includes:

1)

Proposed subdivision and site layouts with horizontal and vertical controls.

2)

Overall project grading plan (at 1-foot contours) and individual lot grading plans.

3)

100-year floodplain compensating calculations, if applicable.

4)

Recharge demonstration where required.

5)

Storm sewer, culvert, and open channel tabulations (signed and sealed) including, but not limited to, the following:

A)

Dimensions, including length and diameter of pipes.

B)

Sub-basin areas tributary to each structure.

C)

Runoff coefficient (or curve number if applicable).

D)

Time of concentration.

E)

Stormwater flow to and from the stormwater structure or junction point.

F)

Hydraulic gradient for the applicable storm event, including losses through structures.

G)

Estimated receiving water elevation with sources of information.

H)

Velocities for all facilities.

6)

Typical swale, ditch, or canal sections.

7)

Road plan and profile with seasonal high groundwater elevation shown in profile.

a)

The written operation and maintenance plan shall contain information per SJRWMD regulations as the minimum criteria that shall be accepted by the Town Manager or Designee.

b)

The installed stormwater system shall be maintained by the legal entity responsible for maintenance. All permit applications shall contain documentation sufficient to demonstrate that the operation and maintenance entity is the legal entity empowered and obligated to perpetually maintain the stormwater management facilities.

c)

The stormwater management system to be maintained by the legal entity shall have adequate easements, in accordance with this Code, to permit the Town to inspect and, if necessary, to take corrective action should the legal entity fail to maintain the system properly.

d)

The legal entity shall execute and record a document acceptable to the Town Attorney which defines its authority and responsibility for maintenance of the stormwater management system, defines how the maintenance is to be performed, defines the funding mechanisms for the required maintenance, and provides a legal mechanism assuring the perpetuation of the maintenance.

The operation and maintenance entity is required to provide for periodic inspections of the stormwater management system to insure that the system is functioning as designed and permitted. If specified by permit conditions, the entity shall submit inspection reports to the Water Management District, certifying that the stormwater management system is operating as designed.

One condition of each permit is that Water Management District authorized staff, upon proper identification, will have permission to enter, inspect and observe the system to insure compliance with the permitted plans and all conditions included in the permit issued by the Water Management District.

Florida Statutes ch. 373, provides for the enforcement of Water Management District rules by both administrative and civil complaint. In addition to the authority of the Governing Board to enforce, the Water Management District has the authority to obtain the assistance of the Town officials in the enforcement of the rules (see F. S. §§ 373.603 and 373.609). A violation of any provision of F.S. ch. 373, chapters 40C-4, 40C-40, 40C-41, 40C-42, F.A.C., or orders of the District Governing Board, is a second degree misdemeanor and the violator may be subject to prosecution.

The purpose of this article is to protect the health, safety, and general welfare of the citizens of the Town of Lady Lake through the regulation of nonstormwater discharges to storm drainage systems as required by federal and state law. This section shall apply to all discharges entering the storm drain system generated from any developed or undeveloped lands unless explicitly exempted by law. This section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process and state law.

The objectives of these regulations are:

1.

To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges.

2.

To prohibit illicit connections and discharges to the municipal separate storm sewer systems.

3.

To establish authority to carry out all inspection, monitoring and enforcement procedures necessary to ensure compliance with this section.

(Ord. No. 2008-26, § 2(A), 11-3-2008)

The commencement, conduct or continuance of any nonstormwater discharge to the municipal separate storm sewer system or watercourse from a storm drain system is prohibited, except the following:

a)

Uncontaminated water line flushing;

b)

Rising ground waters;

c)

Uncontaminated groundwater infiltration;

d)

Uncontaminated pumped ground water;

e)

Potable water;

f)

Foundation drains;

g)

Air conditioning condensate;

h)

Irrigation;

i)

Springs;

j)

Water from crawl space pumps;

k)

Footing drains;

l)

Individual residential car washing;

m)

Natural flows from riparian habitats and wetlands;

n)

Dechlorinated swimming pool discharges; and

o)

Firefighting discharges.

(Ord. No. 2008-26, § 2(C), 11-3-2008)

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit shall be required in a form acceptable to the Town prior to the allowing of discharges to the MS4.

1)

Access to facilities.

a.

The Town of Lady Lake shall be permitted to enter and inspect facilities subject to regulation as often as may be necessary, at reasonable times, to determine compliance with this section. Facility operators shall make the necessary arrangements to allow access to representatives of the Town. Failure to allow the Town access to a permitted facility is a violation of a stormwater discharge permit and of this section.

b.

Facility operators shall allow the Town ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

c.

The Town of Lady Lake shall have the right to set up on any permitted facility such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge.

d.

The Town has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

e.

Any temporary or permanent obstruction to access the facility to be inspected or sampled shall be promptly removed by the operator at the written request of the Town and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(Ord. No. 2008-26, § 2(D), 11-3-2008)

The Town of Lady Lake shall require that best management practices are utilized for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural or nonstructural BMP's. Any person responsible for a property or premise which is the source of an illegal discharge shall be required to implement, at said person's expense, additional structural or non-structural BMP's to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity shall be required. These BMP's shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

(Ord. No. 2008-26, § 2(E), 11-3-2008)

Notwithstanding other requirements of law, if any person responsible for a facility or operation, is aware of any known or suspected release of materials which may result in illegal discharges or pollutants discharging into a storm drain system or Florida waters said person shall notify the Town and immediately take all necessary steps to ensure the discovery, containment, and cleanup of such release. If the discharge of prohibited materials emanates from an industrial or construction activity, the owner or operator shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years or as required by federal or state law, whichever is longer.

(Ord. No. 2008-26, § 2(F), 11-3-2008)

Whenever the Town finds that a person has violated or failed to meet a requirement of this section, the Town shall order compliance by written notice of violation to the responsible person.

a.

The performance of monitoring, analyses, and reporting may be required;

b.

The elimination of illicit connections and illegal discharges shall be required;

c.

The violating discharges, practices, and operations shall be required to cease and desist;

d.

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property shall be required; and

e.

The implementation of source control or treatment BMP's shall be required.

If abatement of a violation and /or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. If, after a reasonable period of time to comply, the violation has not been corrected, the case will be enforced according to Town of Lady Lake's applicable code enforcement regulations.

(Ord. No. 2008-26, § 2(G), 11-3-2008)