The surface water management regulatory provisions herein established shall apply to all development within the Town of Malabar.

The purpose of this surface water management policy is to protect the health, safety, and welfare of the citizens of the Town of Malabar; to implement those drainage objectives and policies found in the Public Facilities element of the Town's Comprehensive Plan; to ensure protection of land and improvements together with natural resources through the use of responsible stormwater management and flood protection practices; to ensure replenishment of the Town's surficial aquifer system and to provide a continuing usable water supply; and to ensure compliance with level of service criteria and concurrency management policies established in the Comprehensive Plan.

These requirements are intended to complement regulations of the Florida Department of Environmental Regulation (DER) including but not limited to those found in the Fla. Admin. Code, Chapter 17-25, "Regulation of Stormwater Discharge," and the Stormwater Rules of the St. John's River Water Management District, all as adopted or as may be amended from time to time. Approval of a stormwater management system under these requirements shall not relieve any applicant of the necessity to obtain required permits or approvals from other state, regional, or local agencies, including specifically, but not limited to, observance of DER permitting requirements for use of the "landward extent of waters of the State," as defined in the Fla. Admin. Code, Section 17-4.02(17). In the event of a conflict between the Town regulations and State regulations, the more restrictive regulations shall prevail.

Adverse Impacts: Any modifications, alterations or effects upon a feature or characteristic of water or flood prone land, which are, or potentially may be, harmful or injurious to human health, welfare, safety or property, 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.

Alter or Alteration: Any work beyond maintenance of the original condition including additions to an existing system, changes of any part of an existing system to capacities or locations different from those originally constructed, and changes in the rate, volume, or timing of discharges.

Coastal High Hazard Area: Means the area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on the Federal Insurance Rating Maps (FIRM) as zones VI through V30.

Detention or To Detain: The collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater to the receiving waters, in which the capacity for the specified treatment volume of stormwater is again provided within seventy-two (72) hours following a storm event. On-line detention is temporary storage along the axis of the drainage system, whereas "off-line" detention is temporary storage at a location away from the system's direct path.

Development Project: Any man made change or improvement to land which increases the amount of impervious cover or results in the change in elevation of any portion of the land or changes the existing stormwater system and flood management system. A development project shall include but shall not be limited to all projects which require site plan or subdivision approval under the Town's land development regulations.

Discharge: The outflow of water from a project site, drainage basin or other facility.

Drainage System (Artificial): Any canal, ditch, culvert, dike, storm sewer or other man-made facility which tends to control the surface flow of water.

Drainage System (Natural): Surface streams or marshes which convey water to natural points of drainage.

Elevation: Height in feet expressed in relation to mean sea level and referenced to the North American Vertical Datum (NAVD88).

Filtration or To Filter: The selective removal of suspended matter from stormwater by passing the water through suitable fine textured granular media such as porous soil, sand and gravel or other natural or artificial aggregate, which may be used in conjunction with filter fabric or under-drain pipe or both.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood Insurance Study: The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the base flood.

Floodway: The normal channel of a watercourse and the adjacent land areas that must remain unobstructed to convey the regulatory flood discharge without raising flood elevations above specified levels as determined in Section 1-8.7(20)(a)—(e) [1-8.7(19)(a)—(e)].

Hydrograph: A graph of discharge, or, for the purposes of these regulations, volume of stormwater, verses time required for each selected outfall point.

Impervious Surface: A surface which is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, porous and nonporous parking lots and other similar structures.

Legal Positive Outfall: Is the availability of a permanent and legally established water course or similar facility or means which has the hydraulic capability of conveying the stormwater discharge from a development project to receiving waters downstream. "Legally established water course" refers to a water course which is established by either an express easement, plat dedication, or other documentation, or implied easement or servitude as may be demonstrated to exist in accordance with Florida Law.

Lowest Floor: The top surface of the lowest area within the inside perimeter of the exterior walls of a building. For slab-on-grade type buildings or buildings with basements the top surface of the slab or basement floor would constitute the lowest floor. For footing, foundation walls, or pile type buildings with crawl spaces under the building without basements, the top surface of the finished flooring above the horizontal joist, beam or other supporting member would constitute the lowest floor.

Maintain or Maintenance: To keep in an acceptable state of performance and repair as determined by the Town Engineer. The Town Engineer shall determine if the performance standards of the respective water management plans are maintained. The type and height of aquatic vegetation shall be secondary to the integrity of the water management plan.

Mangrove Stand: An assemblage of one or more of the following species: Black Mangrove (Avicennia nitida); Red Mangrove (Rhizophora mangle); White Mangrove (Languncularia racemosa); and Buttonwood (Conocarpus erecta).

Master Stormwater Management Plan or Master Plan: An engineering plan, written report, or engineering drawing outlining the primary and secondary drainage and stormwater treatment facilities needed for the proper development of a specific increment of the incorporated area of the Town of Malabar.

North American Vertical Datum 88 (NAVD 88): As corrected in 1991 is a vertical control used as a reference for establishing varying elevations within a floodplain by the minimum-constraint adjustment of the Canadian-Mexican-United States leveling observations.

Regulatory Flood: The one hundred year flood. The one hundred year flood is that flood which has a one percent probability of being equalled or exceeded in any given year, as indicated on the official Town of Malabar flood hazard map.

Retention or To Retain: The prevention of, or to prevent the discharge of a given volume of stormwater runoff into surface waters of the State by complete on-site storage where the capacity to store the given volume of stormwater is again provided within 72 (seventy-two) hours following the storm event. The required storage volume must be provided by a decrease of stored water caused by percolation through soil, evaporation, evapotranspiration, or spray irrigation. Retention shall be "off line" (i.e. outside of the primary drainage path), unless it is demonstrated by the applicant that water quality in the receiving waters will not be adversely impacted by "on line" retention. Wet retention refers to an area the lowest elevation of which penetrates the dry season groundwater table. Dry retention refers to an area the lowest elevation of which lies at least two (2′) feet above the wet season groundwater table.

Sediment: Fine particulate material which is capable of gravity settlement, whether mineral or organic, and which is in suspension or has settled in a waterbody.

Stormwater and Flood Management System: A system of natural or artificial waterbodies or watercourses which stores, conveys and/or treats water. The system generally includes a dam, impoundment, reservoir, inlet, pipe, swale, ditch, appurtenant work or works, or a combination thereof, that is intended to provide drainage, water storage conveyance, prevent or impair inundation, or other water management capabilities in and for a discrete area or a work that traverses waters in the Town of Malabar. A system may be designed and constructed in phases.

Water: All water on or beneath the surface of the ground including natural or artificial water courses, lakes, ponds, or diffused surface water and water standing, percolating or flowing beneath the surface of the ground, as well as all coastal waters within the Town of Malabar.

Waterbody: Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

Watercourse: Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland which flows either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary.

Watershed: A drainage area or drainage basin contributing to the flow of water directly or indirectly into receiving waters.

Wetland: That portion of the following categories of waters in the Town of Malabar where one or a combination of the vegetative species listed in Section 17-4.02(17), Florida Administrative Code are dominant plant species:

(a)

Rivers and natural tributaries thereto;

(b)

Streams and natural tributaries thereto;

(c)

Bays, bayous, sounds, estuaries, bogs and marshes and natural tributaries thereto;

(d)

Lakes, impoundments, and ponds;

(e)

Atlantic Ocean.

(Ord. No. 2021-03, § 1, 5-3-21)

1.

It shall be illegal and subject to the penalties provided herein for any person to construct, or arrange for, authorize, or participate in the construction of a development project within the incorporated area of the Town of Malabar without first obtaining a valid permit to construct either a stormwater management system (hereinafter referred to as a Type A Permit) or a flood protection-stormwater management system, when applicable, (hereinafter referred to as Type B Permit) pursuant to this ordinance.

2.

It shall be illegal and subject to the penalties provided herein for any person to construct any structure in such a manner as to impede the functioning of a drainage system that is: (1) publicly maintained or (2) located on private property and is a part of a drainage system serving more than one owner when such system is located in an easement which exists for the benefit of other land owners. Notwithstanding, this regulation shall also apply to natural tributaries for which no designated easement exists. A structure which meets the requirements of the Town of Malabar Standard Specifications (to be developed by Town Engineer) for the construction of public facilities and physical improvements shall not impede the functioning of the drainage system.

The following activities shall be exempt from the surface water management permitting requirements herein established:

1.

Single family homes shall be exempt except when located in a flood hazard zone or when a site plan is required pursuant to section 1-7.1.5.

2.

Maintenance work performed on existing mosquito control canals or impoundment areas.

3.

Any maintenance, alteration, renewal, repair, use or improvement of an existing structure or the construction of any structure or modification thereto which does not create an impervious surface exceeding five hundred (500) square feet. This provision shall not exempt the applicant from retaining the first one inch of rainfall on-site as required by Chapter 17-25 of the Florida Administrative Code.

4.

Change of any part of an existing drainage system without changing the flow characteristics of the artificial water course.

5.

All activities by a water management district, drainage district, or water control district established under the laws of the State of Florida and all activities undertaken by the State of Florida, Brevard County, or the Town of Malabar.

6.

These surface water management policies shall not be construed to prevent the doing of any act otherwise lawful and necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency, including but not limited to fire, infestation by pests, or hazards resulting from violent storms or hurricanes or when the property is in eminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of the property.

A report of any such emergency action shall be made to the Town Engineer by the owner or person in control of the property upon which emergency action was taken as soon as practicable, but not more than ten (10) days following such action. Remedial action may be required by the Town Engineer subject to appeal to the Town Council in the event of dispute.

(Ord. No. 91-1, 3-19-91)

All developments not exempted pursuant to Section 1-8.6 are required to obtain a Type A Permit. No Type A Permit to construct a development project shall be issued unless the following criteria are met:

1.

The design of the on-site stormwater management system shall be based at a minimum on a 10-year frequency 24-hour duration storm event; however, the applicant shall also provide data indicating the effects of a 25-year frequency 24-hour duration storm event on the development project as proposed. The design of any off-site stormwater management system improvements shall be based upon a 25-year frequency 24-hour duration storm event.

2.

The hydrologic computations for the stormwater management system shall be based on full hydrograph generation for the development project and contributory area utilizing such methods as published by the Soil Conservation Service (SCS) (U.S. Department of Agriculture, SCS "Natural Engineering Handbook," Section 4, Hydrology: 1972 and "Urban Hydrology for Small Watersheds," Technical Release No. 55: 1975). For projects of less than 12.00 acres, the rational method of runoff computation is satisfactory. The State Department of Transportation (DOT) Zone 7 rainfall intensity-duration curves shall be used in making all required hydrologic computations and are on file in the office of the Town Engineer.

3.

Retention or detention with filtration of the first one inch (1″) of rainfall shall be provided on site. Stormwater runoff generated by the development project over and above that generated by the site prior to the proposed development [is prohibited] unless there is a legal positive outfall available which has sufficient capacity to accept the additional runoff.

4.

Retention or detention facilities shall be constructed in such a manner as to maximize utilization of available percolation capabilities on the site for recharge enhancement and to minimize mosquito breeding by being shallow and shall be easy to maintain.

5.

Discharges from the development project shall be handled to a point of legal positive outfall. Tailwater stages of the receiving waters must be taken into account in design. Enlargement of existing downstream facilities may be required.

6.

The bottom of dry retention areas shall be sloped to form a permeable drain. A detention area shall have an outlet device, and shall not be lower than the elevation of the off-site receiving channel or water body.

7.

Where permitted, open drainage ways shall retain natural design characteristics and be so designed and protected that they do not present a hazard to life or property. The design shall include measures to protect against scour and erosion. Whenever possible, such waterways shall provide for adequate flushing action by prevailing winds and currents to assure the prevention of stagnant water and debris accumulation.

8.

Disposition of Stormwater Runoff. The stormwater management system for developments located predominantly on excessively drained soils should maximize stormwater infiltration. This shall be accomplished through the use of bottomless inlets, perforated pipe, grading to retard runoff, natural or artificial retention or detention basins, or other methods, depending on the characteristics of the land area. Specific guidelines are as follows:

(a)

Areas and lots shall be developed to maximize the amount of natural rainfall which is percolated into the soil and to minimize direct overland runoff into adjoining streets and water courses. Stormwater runoff from roofs and other impervious surfaces should be diverted into swales, or terraces on the lot.

(b)

Street drainage shall be by grassed swales or curb and gutter in accordance with Town specifications, provided all curb and gutter systems shall discharge or direct water into or across a grassed swale area or other filtering medium. Whenever practical, as indicated by soil characteristics, water table elevation, and topography, the overflow from any swale used shall be diverted to percolation areas, ponding areas or natural or artificial seepage basins of sufficient capacity to retain and provide for the maximum infiltration of stormwater runoff from each drainage area for the design storm. Each percolation or retention area shall include positive drainage facilities which provide for drainage to public outfalls or a lake, or water course, to handle the runoff from storms of longer duration and severity. Except in those development projects where temporary ponding is allowable pursuant to Section 1-8.7(13) [1-8.7(12)] each percolation or retention area shall include positive drainage facilities which provide for drainage to public outfalls or a lake, or water course, to handle the runoff from storms of longer duration and severity. The area surrounding these retention or detention basins is recommended to be used as public or private open space and shall be grassed.

(c)

The Soil Survey of Brevard County published by the U.S. Department of Agriculture, Soil Conservation Service, shall be the document to determine soil classifications.

9.

Material Specification for Culverts and Storm Sewers. The following pipe and structure materials are acceptable:

(a)

For privately owned and maintained drainage facilities located on private property and not within public rights-of-way, easements or within a public drainage system: reinforced concrete, aluminum pipe, polyvinyl chloride, polyethelyne, or any new product determined to be acceptable by the Town Engineer.

(b)

For drainage structures located within public rights-of-way, easements or within a public drainage system—reinforced concrete or such other material as approved by the Town Engineer.

(c)

Workmanship and pipe materials shall conform to Florida Department of Transportation (DOT) Standards Specifications, latest revision.

10.

Inlets. Design and spacing of inlets shall be in accordance with DOT's Standard Specifications or the Town of Malabar Standard Specifications. These standards shall be prepared by the Town Engineer and shall be adopted by resolution of the Town Council.

11.

Drainage Structures. All cross drains and storm sewers shall have headwalls, flared-end sections, mitered end sections or terminating structures in accordance with Town Standard Specifications or DOT's Specifications. Endwalls, inlets, or other appropriate terminating and intermediate structures, and backflow devices may be required where necessary.

12.

Temporary ponding is allowable in areas specifically designed with high percolation rates so that ponding does not last more than eight (8) hours.

13.

Materials used in drainage facilities which cross, traverse, or encroach major roads as depicted on the Town of Malabar Thoroughfare Plan shall be designed in accordance with DOT standards.

14.

All stormwater facilities shall be established in dedicated water management tracts, easements, or specified common areas. Condominium documents, deed restrictions, or other legally binding instruments shall describe the location of such areas, specifically define the mechanism for preservation and maintenance of any private drainage systems, and shall appoint an entity responsible for maintenance and preservations. All water management tracts shall include a maintenance berm, the top of which may be level or have a slope not steeper than an eight (8) foot horizontal to one (1) foot vertical slope. In addition such facilities, as well as open channels and ponds, shall have an easement for access to and around the perimeter for maintenance. Retention or detention facilities shall be graded to slopes not steeper than four (4) foot horizontal to one (1) foot vertical above the conservation elevation and shall be graded to slopes not steeper than three (3) foot horizontal to one (1) foot vertical below the conservation elevation. Dry retention slopes and wet retention slopes above the designed low water elevation shall be grassed or otherwise stabilized.

15.

In watershed areas where the Town has an adopted Master Stormwater Management Plan, all proposed facilities shall be in conformance with the adopted plan.

16.

Stormwater systems connected to any local, regional, or State drainage district system shall be designed with consideration given to the capacity of the overall system and shall be compatible with the objectives of each respective jurisdiction.

17.

Rainfall runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to areas where percolation into the soil can be accomplished prior to introduction into any off-site receiving facilities. Pervious areas on line shall be covered with grass or suitable ground cover which has effective filtering characteristics.

18.

The stormwater management system shall handle all stormwater that flows into, through and from the project without creating adverse impacts on other lands served by the stormwater management system or by the receiving waters relative to flooding, erosion hazards, or water quality and quantity.

19.

The applicant will demonstrate that the development project is not in a flood hazard zone. Flood hazard zones are identified under the following procedure;

(a)

A flood hazard zone shall encompass all lands subject to inundation by the regulatory flood, including lands in a critical flood zone or coastal high hazard zone.

(b)

A critical flood zone shall encompass:

•

Lands subject to inundation by a ten (10) year flood, i.e., the flood that has a ten (10%) percent probability of being equalled or exceeded in any given year.

•

Wetlands, watercourses and waterbodies.

•

Floodways (see "d" below).

•

Isolated topographic depressions with a history of flooding or a high potential for flooding.

(c)

A coastal high hazard zone shall encompass areas subject to high velocity waters caused by, but not limited to, hurricane wave wash.

(d)

A floodway shall include the normal channel of a watercourse and adjacent lands that must remain unobstructed to convey the regulatory flood discharge without causing flood elevations to rise along any stretch of the watercourse above a specified permissible increase known as the floodway surcharge. The floodway surcharge shall be established, considering both existing and potential development, at a level that avoids an increase in potential flood damage. The floodway surcharge may be increased; however, if an applicant wishes to construct some additional obstruction, flowage easements must first be obtained from the owners of all land that would be affected by increased levels. In no case, however, may a floodway surcharge exceed one foot. The floodway shall normally be calculated assuming equal encroachment on the floodplain from both sides of the watercourse, unless legally enforceable deed restrictions, limiting development rights, as [are] recorded for the lands needed for the floodway.

(e)

"Flood hazard zones," "critical flood zones," "coastal high hazard zones," and flood elevation data may be identified through flood hazard studies and delineated on the Official Flood Hazard Map. A copy of the Official Flood Hazard Map is on file in Town Clerk's Office at the Town Hall.

(Ord. No. 03-03, § 1, 6-2-03)

When a development project is determined to be within a flood hazard zone according to the procedure set forth in Section 1-8.7(20)(a)—(e) [1-8.7(19)(a)—(e)], a Type B Permit shall be required and the project shall be reviewed under the criteria of Section 1-8.7 and must meet the following additional criteria:

1.

An equal volume of storage capacity must be created for any volume of the regulatory flood that would be displaced by fill or structures, excepting storm surge flood areas along the Indian River.

2.

The velocity of the regulatory flood must not be adversely altered on any watercourse.

3.

All structures, including buried storage tanks, must be anchored as necessary to resist flotation, lateral forces and the impact of floating debris.

4.

No development will be allowed that poses a significant threat of releasing harmful quantities of pollutants to surface waters or groundwaters during flooding.

5.

The flood protection elevation shall be set for each project at the elevation of the regulatory flood plus one (1) foot. In "coastal high hazard zones," the flood protection elevation shall be established with consideration given to wind-drive wave action.

6.

Residential buildings must have the lowest floor elevated to the flood protection elevation for that site.

7.

Industrial, commercial or other non-residential buildings must have the lowest floor elevated to the flood protection elevation or be floodproofed as follows:

(a)

A Florida registered Professional Engineer or Architect must certify that the building has been designed and constructed so that below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The design must take into account: flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effect of buoyancy, and impacts from debris.

(b)

Flood-proofing measures must be operable without human intervention and without an outside source of electricity.

8.

Accessory buildings may be constructed below the flood protection elevation provided there is a minimal potential for significant damage by flooding.

9.

Sewage collection and treatment systems and potable water supply systems must be designed and located to prevent inflow or contamination of surface waters up to the flood protection elevation. Electrical and communications utilities must be designed to avoid flood damage up to the flood protection elevation.

10.

Mobile homes must be anchored, tied down and blocked in accordance with the standards of Section 15C-1.10, Florida Administrative Code. Mobile homes must not be installed in a floodway or "coastal high hazard zone."

11.

If any lot in a residential subdivision lies within a flood hazard zone, then the following additional standards apply to approval of the plat:

(a)

Each lot must include a site suitable for constructing a residential building in conformity with the standards of this ordinance.

(b)

One or more elevation benchmarks must be established and indicated on the plat. Said elevations must be referenced to the NAVD 88 and shall be calculated to within 0.1 feet.

(c)

All prospective agreements for deed, purchase agreements, leases, or other contracts for sale or exchange of lots within the flood hazard zone and all prospective instruments conveying title to lots within the flood hazard zone must carry the following flood hazard warning prominently displayed on the document:

FLOOD HAZARD WARNING

"This property may be subject to flooding. You should contact local building and zoning officials and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property."

12.

All roads shall be set at or above the ten year flood elevation, but in no case shall a road be constructed at an elevation below five (5) feet above sea level. All roads shall be designed to maintain drainage flow beneath the road bed so that equalization may occur.

13.

If the development project is in a critical flood zone, it must be demonstrated, in addition to compliance with Section 1-8.27(1)—(20) [1-8.7(1)—(19)], that:

(a)

The elevation or velocity of the regulatory flood will not be increased as a result of any obstruction or displacement of flood waters.

(b)

There is no significant threat of releasing quantities of pollutants which have the effect of degrading water quality below standards established in Florida Administrative Code Chapter 17-3, as amended from time to time, to surface or groundwater during the regulatory flood.

(c)

The capacity of the critical flood zone to store and convey surface waters or perform other significant water management functions will not be impaired.

14.

If the development project is in a coastal high hazard zone, it must be demonstrated, in addition to compliance with Section 1-8.8(1)—(14), that:

(a)

All buildings or structures shall be elevated so that the lowest horizontal supporting member is located no lower than the flood protection elevation, with all space below the lowest horizontal supporting member open so as not to impede the flow of water. Such space shall not be used for human habitation nor enclosed in the future. Lattice work or decorative screening may be constructed below the flood protection elevation provided it is not part of the structural support of the building and is designed so as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building. Solid walls will not be allowed. Only wood or mesh screening may be used.

(b)

Pilings or columns used as structural supports are designed and anchored to withstand all applied loads of the regulatory flood including velocity flow and hurricane wave wash. Fill must not be used as structural support. Compliance with these provisions must be certified by a Florida Registered Professional Engineer.

(c)

Mangrove stands are not altered so as to increase potential flood damage.

(Ord. No. 2021-03, § 2, 5-3-21)

A detailed description and drawing (scale 1″ = 50′ or larger) of the proposed stormwater management system shall be submitted to the Town Engineer by a Florida registered engineer. The following information shall be required:

1.

Hydrologic data including design rainfall, project drainage area, tributary offsite drainage area, existing and proposed impervious area and soil characteristics including depth to seasonal high water table. Soil borings at four hundred (400′) feet spacing to a depth of six (6′) feet shall be provided. Alternate representative soil profiles may be used if approved in writing by the Town Engineer and if demonstrated to be from a reliable and generally recognized source. A one (1) foot interval contour topographic map of development area including offsite area of sufficient size to indicate the general neighboring elevations [shall be provided]. The delineation of the latter area shall be satisfactory to the Town Engineer.

2.

Hydrologic calculations for determining existing and proposed stormwater runoff.

3.

Hydraulic data including receiving water stages, stage-storage and stage-discharge data for proposed retention and/or detention facilities, and percolation test data which follow a standardized percolation methodology approved by the Town Engineer.

4.

Hydraulic calculations for sizing channels, culverts, inlets, retention/detention ponds, pond discharge structures, and determining discharge rates and maximum water surface elevations.

5.

Erosion and sedimentation control plans, during and after construction.

6.

Statement of all assumptions and reference sources used in the conduct of the study.

7.

A certificate from a professional engineer licensed in the State of Florida that the soils are suitable and proper for the uses and purposes of the proposed development; or submission of a plan calling for the removal and replacement of unsatisfactory soils. If the applicant submits a plan for removal and replacement of soils, the applicant shall submit a certificate from a professional engineer after the removal and replacement of soils has been completed, stating the new soils are suitable and proper for the uses and purposes of the proposed development. Such certificate shall be furnished to the Town Engineer prior to the issuance of a certificate of completion.

8.

Where percolation is proposed, at least one boring per basin shall be submitted. Said borings shall be to a depth of twenty (20) feet below the invert of the basin or to a depth sufficient to locate the groundwater table or impervious soil layer.

9.

A general description of the manner in which the stormwater management system is to be maintained, indicating who or what entity shall be responsible and by what method the responsibility shall be created and documented.

10.

A list of all agencies (State, Federal or local) having permit jurisdiction for the project.

11.

Type B Permit and Type C Permit. In addition to the information required for Type A Permits in Section 1-8.9(1)—(10) an applicant for a Type B Permit shall submit to the Town Engineer the information described in Section 1-8.9(11)(a)—(d) below.

A single family dwelling or duplex located within a flood hazard zone shall require a Type C Permit. Applicants for a Type C Permit shall submit the information described Section 1-8.9(11)(a)—(d), together with that information required in Section 1-8.9(5) and (10).

(a)

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures.

(b)

Elevation in relation to mean sea level to which any non-residential structure will be floodproofed.

(c)

Provide a certificate from a Florida registered professional engineer or architect that the non-residential floodproofed structure meets the flood-proofing criteria in Section 1-8.8(7)(a)—(b).

(d)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Applicants receiving Type B Permits shall provide to the Town Engineer a flood elevation or flood-proofing certification after the lowest floor is completed, or in instances where the structure is in a "coastal high hazard area," after placement of the horizontal structural members of the lowest floor. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Town Engineer, a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level based on National Geodetic Vertical Datum. Said certification shall be prepared by, or under the direct supervision of, a Florida registered land surveyor or professional engineer and shall be certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) calendar day period and prior to submission of the certification shall be at the permit holder's risk. The Town Engineer shall review the flood elevation survey data submitted and shall respond promptly as to any deficiencies noted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

A.

Preliminary Permit Application. Any person who is in doubt as to whether a proposed activity requires a permit under this section may request a review by the Town Engineer upon completion of a preliminary application form supplied by the Town Clerk. No fee may be charged for the preliminary application pursuant to Town Council resolution. The preliminary application form shall be filed by the owner/applicant and shall contain the following elements: (1) A location map; and (2) A statement and sketch expressing the intent and scope of the proposed project.

The completed preliminary application shall be submitted to the Town Engineer for review. Within ten (10) working days after submission of the complete preliminary application, the Town Engineer will notify the applicant that either the project is approved, is exempt, or a formal permit application must be filed for the project.

B.

Review Procedures for Type A or B Permit Applications. If a Type A or Type B Permit is required for the project, the applicant shall furnish all required stormwater management information, together with flood protection information, if applicable, to the Town Engineer on forms furnished by the Town Clerk. The requirements of the surface water management policies shall be administered during the site plan review processes (See Section 1-8.5) if the project requires site plan review. If the applicant is subdividing, then administrative provisions for administrating subdivision review shall apply.

C.

Review Procedures for Type C Permit Applications. If a Type C Permit is required for the project, the applicant shall furnish all necessary flood protection information to the Town Engineer on forms furnished by the Town Clerk. The application shall be reviewed by the Town Engineer within ten (10) working days of receipt of the application. The Town Engineer's recommendation shall be submitted to the Planning and Zoning Board for approval. The decision of the Planning and Zoning Board may be appealed to the Town Council pursuant to procedures cited in the Administrative Procedures of this Code. In reviewing such permit application, the Planning and Zoning Board, and the Town Council in appeal cases, shall consider the recommendations of the Town Engineer as well as criteria cited herein and the applicant's plan and supportive data. No development shall be approved if such development will result in an increase in the elevation of the regulatory flood, additional threats to public safety, extraordinary public expense, nuisance impacts, or violation of the public interest, or local ordinance. A fee schedule may be established by resolution of the Town Council.

A.

Stormwater Management, Duties of the Town Engineer: The Town Engineer shall perform the following specific duties:

1.

Render Professional Determinations. Make all professional engineering determinations required with respect to analysis of any given application.

2.

Provide Recommendation on any Modifications. Recommend appropriate courses of action regarding any requested changes or amendments to an approved stormwater management plan.

3.

Provide Necessary Information. Provide courtesy notice as to the general description and location of newly constructed wet or dry retention facilities to special districts or political entities as may be appropriate.

4.

Certificates of Completion. After the completion of a project, require as-built plans from the owner or applicant and a Certificate of Completion from the Engineer of Record.

5.

Maintenance Recommendations. Any surface water management improvements required by this ordinance shall be maintained by the owner, successor owners, or an entity designated by the owner, except that the Town Engineer may recommend that the Town Council accept certain drainage facilities or systems for Town maintenance. The selection of critical areas or structures to be maintained by the Town shall be recommended to the Town Council by the Town Engineer. All areas or structures to be maintained by the Town must be dedicated to the Town by plat or separate instrument and expressly accepted by the Town Council. For any system which is to be maintained by the applicant or entity succeeding in ownership other than the Town, easements shall be established which permit the Town to inspect and if necessary, as determined by the Town, to take corrective action should the entity fail to properly maintain the system. Such easements shall also establish a right of entry as may be necessary for special purposes as directed by State laws or as may be duly determined by the Town. Should the applicant or entity succeeding in ownership fail to properly maintain a system as required, the Town Engineer shall give the applicant or entity succeeding in ownership written notice of the nature of the corrective action necessary. Should the applicant or entity succeeding in ownership fail, within thirty (30) days from the date of the notice to take, or commence taking, corrective action to the satisfaction of the Town Engineer, the Town may enter upon lands, take corrective action and the cost of such corrective action shall become a lien on the property benefited.

B.

Flood Protection Management. The Town Engineer or other designated Town official shall have authority to administer this ordinance, and shall perform the following specific duties:

1.

Determine Adequacy of Information. Determine any additional information that must be submitted for flood management review.

2.

Determine Completeness of Applications and Evaluation. Review applications for compliance with the standards of surface water management policies of this section after input from the administrative staff and the Town Attorney as to those matters within their professional disciplines; and either approve, approve with conditions, or deny the application based on that review. If application approval is denied, the Town Engineer shall state the reasons for denial.

3.

Filing of Building Plans. The Building Official shall maintain a record of the actual, "as built" elevation or flood-proofing of all buildings constructed after flood management review.

4.

Coordinating Review Functions. Coordinate the review with other permitting agencies, if necessary.

A permit application and fee shall be required for the installation of culverts and/or driveways within the right-of-way. The application is attached hereto and is made an integral part of this ordinance.

No work shall be performed within the right-of-way (including temporary installations) before a permit has been granted. A permit will be granted only for those culverts and/or driveways to be constructed under this application.

A separate permit application and fee will be required for any future culverts and/or driveways. A temporary culvert may be installed after the applicant has been issued a culvert permit. A separate permit is not required for a temporary culvert but shall comply with the same hydraulic requirements as the final culvert in both flow capacity and elevation.

Any project proposed within Malabar that requires traversing Town right-of-way for access will require review by the Town Engineer to determine if a culvert is required.

If the culvert installation is a stand alone application, there is a ninety-day time limit to complete each project after a permit is issued. Time extensions may be considered when reasons are given in writing to the town prior to the expiration of the initial ninety-day period.

If the culvert is being placed in conjunction with a building project, the culvert permit will remain valid as long as a valid building permit is held for the building, but said culvert must be completed prior to issuance of a Certificate of Occupancy for the building.

But in no case shall a property be accessed without having been issued a permit and at least a temporary culvert of the correct size placed in the swale or ditch.

(Ord. No. 03-03, § 2, 6-2-03)

In addition to the information required on the attached application, the applicant is required to submit a detailed survey with a sketch depicting the following:

A.

Existing elevations referenced to NAVD 1988 (citing benchmarks used) along the existing ditch; at inverts of nearest upstream and downstream culverts; managements system or by the receiving waters relative to flooding, erosion hazards, or water quality and quantity.

B.

Center line and edge of roadway along the subject property;

C.

Distance from proposed pipe to property lines and edge of roadways;

D.

Width of proposed driveway at property line, at the proposed culvert and edge of roadway;

E.

Proposed driveway flares (either three-foot x eight-foot (3'x8') or five-foot x ten-foot (5'x10'):

F.

Length of proposed pipe. Not having an endwall is not an option.

G.

Proposed type of endwall treatment. All endwalls for pipe culverts where the diameter is less than thirty (30) inched located in residential areas and located on lanes and/or minor and major collector roadways shall be mitered and comply with the 2021 FDOT Design Standards Index 430 and turnouts per 2021 FDOT Index 515, or current adopted design standards.

(Ord. No. 03-03, § 2, 6-2-03; Ord. No. 09-21, § 1, 5-4-09; Ord. No. 2021-03, §§ 3—5, 5-3-21)

The permittee shall be required to either seed and mulch or sod the swale after completion of the proposed work. Any disturbance of areas within the right-of-way shall be restored to existing or better conditions. This includes permanent vegetative cover and compaction. There shall be no other improvements, except as permitted within the road right-of-way. Walls, fences or any other embellishments shall not be permitted within the road or drainage right-of-way. embellishments belong on private property.

The permittee shall be required to contact all applicable utility providers to locate their underground and above ground utility lines, facilities or pipes within the project area, and take necessary precautions to protect such property before construction begins.

The permittee shall use proper erosion and sedimentation control per the latest Florida Department of Transportation Index No. 102 and 103 as applicable.

The permittee shall remove all construction related debris, including but not limited to, trees, roots and brush from the right-of-way and dispose of them accordingly.

(Ord. No. 03-03, § 2, 6-2-03)

Where a driveway meets an existing paved roadway, the driveway shall be paved from the edge of the roadway to the property line a minimum distance of five (5) feet with a minimum width of twelve (12) feet.

Driveways for commercial use shall be designed appropriately to meet the use and conditions of the site and shall comply with the approved site plan per section 1-7.

Where a concrete driveway meets an existing paved roadway, a twelve-inch wide by twelve-inch (12"x12") deep footer shall be used at the roadway.

In cases where a concrete driveway is to extend to an existing paved roadway, that portion of the driveway from the property line to the edge of the road pavement shall be a minimum of six (6) inches deep.

(Ord. No. 03-03, § 2, 6-2-03; Ord. No. 2021-03, § 6, 5-3-21)

The permittee shall provide a survey of the constructed inverts and location of the new structures and other required improvements prior to town approval of the continuation of work. If endwalls are constructed prior to verification of inverts of the culvert, the permittee continues the work at their own risk.

The permittee shall notify the Town at least forty-eight (48) hours prior to the placement of any concrete improvement within the right-of-way so the town may inspect such work.

The permit shall be for the limited purpose of installation, placement and maintenance of the improvements specified in the application, and does not convey any other right, title or interest to the permittee in the subject right-of-way property.

The permittee is responsible for any other permits that may be required from other agencies having jurisdiction over the improvements. Issuance of the permit does not relieve the applicant of liability for trespass or damage on private property.

The permittee shall be responsible to use all reasonable care to assure that pedestrians and the traveling public are not unreasonably inconvenienced or endangered by the proposed construction activities, including the properties of reflector barriers, warning signals, or flag as per the latest edition of the Manual of Uniform Traffic Control Devices and the Florida Department of Transportation Roadway and Traffic Design Standards.

(Ord. No. 03-03, § 2, 6-2-03)

The permittee shall be responsible for all maintenance, replacement or removal of any right-of-way improvements authorized by this permit.

The permittee shall hold harmless, the Town, its officers, employees, agents, council members, engineers for any damages, claims, causes of action, or losses whether for personal injury, loss of life, or property damage, arising from the actions or omissions of the permittee, its officers, agents, or employees associated with the placement, maintenance or removal of installations authorized by this permit.

Furthermore, the permittee may be required to obtain a bond equal to one hundred ten (110) percent of the project cost; to be determined on an application by application basis at the sole discretion of the Town Engineer.

(Ord. No. 03-03, § 2, 6-2-03)

The following shall apply to the removal or replacement of an existing culvert:

A.

In the event that it is determined by the Town that a culvert shall be in disrepair, or is a danger to the public health, safety and welfare, the land owner utilizing the culvert for access to his/her property, shall remove and replace the said culvert at their expense and such replacement culvert shall be in accordance with the standards in existence at the time the said culvert is replaced. Upon notification by the Town to the land owner, the owner shall apply for a permit from the Town within thirty (30) days and complete said work within thirty (30) days of the issuance of a new permit. The land owner may request a thirty-day extension, in writing, for good cause. If the land owner has not completed the work within ninety (90) days of notification by the Town, the Town may do the work and bill the owner.

B.

If a culvert shall need to be removed and replaced as a result of a Town initiated public project then the Town shall be required to replace the said culvert at the cost of the Town. Under no circumstances, however, shall the Town be responsible to repair, replace or compensate a land owner for any improvements or embellishments made in the public right-of-way which are removed as a result of a culvert replacement project.

C.

If the Town decides that an otherwise functioning culvert must be upgraded to current standards then the Town shall pay all costs associated with the upgrade, however, the Town shall not be responsible to repair, replace or compensate a land owner for any improvements or embellishments made in the public right-of-way which are removed as a result of culvert replacement project.

(Ord. No. 03-03, § 2, 6-2-03)

This article shall be known and may be cited as the "Town of Malabar Illicit Discharge Code.

The purpose of this Chapter is to provide for the health, safety, and general welfare of the citizens of the Town of Malabar, Florida through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law.

This Chapter 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.

The objectives of this Chapter are:

a)

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

b)

To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system; and

c)

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter.

(Ord. No. 2022-04, § 1, 4-18-22)

a.

Authorized Enforcement Agency means the department within the town that is designated by the town manager as having the responsibility to enforce this article, or the town's code enforcement department.

b.

Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

c.

Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

d.

Construction activity means activities that will result in the creation of new stormwater discharge, including but not limited to building, assembling, expansion, modification, or alteration of the existing contours of a site, the erection of buildings or other structures, clearing and grubbing, grading, excavating, and demolition.

e.

Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

f.

Illicit connection means either:

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal or illicit discharge to enter the storm drain system including, but not limited to, any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

(2)

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

g.

Illicit discharge or illegal discharge means any direct or indirect non-stormwater discharge to the storm drain system or to waters of the United States, except as exempted in section 2-8.09 of this article, or discharge to the storm drain system or to waters of the United States which is not in compliance with federal, state, or local permits. Illicit discharges are declared a serious threat to the public health, safety, and due to their nature are irreparable or irreversible in nature.

h.

Industrial activities means activities at facilities identified by the United States Environmental Protection Agency as requiring an NPDES stormwater permit in accordance with 40 CFR 122.26(b)(14), or amendments thereto, or any unit operation, complex, area, or multiple of unit operations that produce, generate, handle, process or cause to be processed, any materials which may cause water pollution.

i.

Municipal separate storm sewer system (MS4) or storm drain system means a conveyance, storage area or system of conveyances and storage areas (including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds and other structural BMPs) owned and operated by a local government that discharge to waters of the United States or to other MS4s, that are designed solely for collecting, treating or conveying stormwater and that are not part of publicly owned treatment works (POTW) as defined by 40 CFR 122.2, or any amendments thereto.

j.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit issued by the Florida Department of Environmental Protection (FDEP) that authorizes the discharges of pollutants to waters of the United States.

k.

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

l.

Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity recognized by law.

m.

Pollutant means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes: wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

n.

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

o.

Receiving bodies of water means any water bodies, watercourses and wetlands into which surface waters flow.

p.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

q.

Stormwater management system means the designed features of the property that collect, convey, channel, hold, inhibit or divert the movement of stormwater.

r.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

s.

Water body means any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline.

t.

Watercourse means any natural or artificial stream, creek, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks.

(Ord. No. 2022-04, § 1, 4-18-22)

This chapter shall apply to all water entering the municipal separate storm sewer system on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

(Ord. No. 2022-04, § 1, 4-18-22)

This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

(Ord. No. 2022-04, § 1, 4-18-22)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. No. 2022-04, § 1, 4-18-22)

Interconnected MS4s, including MS4s not owned by the town, shall be controlled so that they do not impair the operation of or contribute to the failure of the receiving MS4 to meet any applicable local, state, or federal law or regulation. Owners of sections of an interconnected MS4 shall be responsible for the quality within their portion of the system and shall coordinate with the owners of the downstream segments.

(Ord. No. 2022-04, § 1, 4-18-22)

(a)

Illicit/illegal discharges. No person shall throw, drain, dump, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater, whether such discharges occur through piping connections, runoff, exfiltration, infiltration, seepage or leaks. Polluting matter includes, but is not limited to, the following:

(1)

Petroleum products, including, but not limited to, oil, gasoline, grease;

(2)

Solid waste;

(3)

Paints;

(4)

Steam cleaning waste;

(5)

Pesticides, herbicides or fertilizers;

(6)

Degreasers, solvents;

(7)

Sanitary sewage;

(8)

Chemically treated cooling water;

(9)

Antifreeze and other automotive products;

(10)

Lawn clippings, leaves, branches, etc.;

(11)

Animal carcasses;

(12)

Recreational vehicle waters;

(13)

Dyes;

(14)

Construction materials;

(15)

Water from a commercial car wash;

(16)

Any liquids in quantity or quality that are capable of causing a violation of the town's NPDES stormwater permit; and

(17)

Solids in such quantities or of such size capable of causing interference or obstruction to the flow of the town's storm drain system.

(b)

Illicit connections.

(1)

No person may maintain, use or establish any direct or indirect connection to any storm sewer owned by the town that results in any discharge in violation of any provision of federal, state, town or other laws or regulations.

(2)

This subsection is retroactive, and applies to illicit connections made prior to the effective date of the article from which this subsection is derived, regardless of whether made under a permit or other authorization, or whether permissible under laws or practices applicable or prevailing at the time the connection was made.

(3)

A person is considered to be in violation of this article if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(c)

Violation of permits. Any discharge into the stormwater system of the town in violation of any federal, state, county, municipal or other governmental law, rule, regulation or permit is prohibited, except those discharges set forth in this section or as in accordance with a valid NPDES permit.

(Ord. No. 2022-04, § 1, 4-18-22)

(a)

Stormwater from areas of any commercial activity, industrial activity, or construction activity shall be controlled, treated, and managed on site using best management practices so as not to cause an illicit or illegal discharge to the town's MS4 or regulated waters.

(b)

All erosion, pollutant, and sediment controls required by article II of this chapter, or by any applicable local, state, or federal permit, including elements of a stormwater pollution prevention plan required under an NPDES permit and the town's land development regulations, shall be properly implemented, installed, operated, and maintained.

(c)

Authorized discharges to the town's MS4 shall be controlled so that they do not impair the operation of the town's MS4 or contribute to the failure of the town's MS4 to meet any applicable local, state, or federal law or regulation.

(d)

Authorized discharges to regulated waters shall be controlled so that they do not adversely impact the quality or beneficial uses of those waters or result in violation of any applicable local, state, or federal law or regulation.

(e)

Any person who has been issued an NPDES permit authorizing discharges to the MS4 shall submit a complete copy of the permit to town engineering department within 30 days after the issuance of a permit.

(Ord. No. 2022-04, § 1, 4-18-22)

(a)

The commencement, conduct, or continuance of any illicit or illegal discharge to the storm drain system is prohibited except as described as follows:

(1)

Water line flushing;

(2)

Flushing of reclaimed water lines;

(3)

Street cleaning;

(4)

Construction dust control;

(5)

Landscape irrigation;

(6)

Diverted stream flows;

(7)

Rising ground waters;

(8)

Foundation and footing drains;

(9)

Dechlorinated swimming pool discharges;

(10)

Uncontaminated ground water infiltration (as defined at 40 CFR 35.205(20));

(11)

Uncontaminated pumped ground water;

(12)

Discharges from potable water sources;

(13)

Air conditioning condensate;

(14)

Irrigation water;

(15)

Springs;

(16)

Lawn watering;

(17)

Individual residual car washing

(18)

Flows from riparian habitat and wetlands; and

(19)

Discharges or flows from emergency firefighting activities and emergency response activities done in accordance with an adopted spill response/action plan.

(b)

The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Florida Department of Environmental Protection, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

(Ord. No. 2022-04, § 1, 4-18-22)

Notwithstanding any other provisions of this article, whenever the authorized enforcement agency determines that conditions or activities requiring immediate action to protect public health, safety or welfare, or to provide for compliance with these regulations, rules promulgated hereunder, or town approved construction plans, town forces are authorized to enter at a reasonable time in or upon any property for the purpose of testing, inspecting, investigating, measuring, sampling and correcting such emergency conditions. Failure to admit personnel responding to emergency, conditions, as determined and authorized by the authorized enforcement agency, shall constitute a separate violation of this article.

(a)

Suspension due to illicit discharges in emergency situations. The authorized enforcement agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

(b)

Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. It is considered an offense of this article if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the authorized enforcement agency.

(Ord. No. 2022-04, § 1, 4-18-22)

Town personnel and town agents shall be granted access for inspection of facilities discharging or suspected of discharging to the town's MS4 or waters of the United States in order to effectuate the provisions of this article and to investigate violations or potential violations of any of the terms herein. All structures and processes which allow discharges to the town's MS4, as well as records relating to them, shall be made accessible to town personnel and town agents for this purpose.

(Ord. No. 2022-04, § 1, 4-18-22)

Any person owning or occupying a premises or facility who has knowledge of a discharge of pollutants from those premises or facilities, or other type of evidence which might result in a violation of the prohibitions found in section 2-8.07, shall immediately take action to abate the discharge of pollutants, and shall notify the authorized enforcement agency within 24 hours of the discharge of pollutants. The initial notification may be by telephone, but the person responsible shall submit a written report within 72 hours of discovery. The written report shall include a description of the discharge volume, content, frequency, discharge point location to the MS4, measures taken or to be taken to terminate the discharge, and the name, address and telephone number of the person who may be contacted for additional information. Hazardous materials discharges shall be reported to the town, the county public safety office, the county health department, and the Florida Department of Environmental Protection.

(Ord. No. 2022-04, § 1, 4-18-22)

(a)

Notice of violation.

(1)

For any violation which does not involve an illicit discharge, the authorized enforcement agency finds that a person has violated a prohibited act or failed to meet a requirement of this article, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit connections;

c.

The issuance of cease and desist orders;

d.

The abatement or remediation of stormwater pollution or contamination hazards and restoration of any affected property;

e.

Advice as to the possible amount of fines; and

f.

The implementation of source control or treatment BMPs.

(2)

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. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work may be done by a designated governmental agency or a contractor and the expenses thereof shall be charged to the violator.

(b)

If the violation is not corrected by the date assigned, the authorized enforcement agency may file charges with the special magistrate or prosecute the violations in court. Fines for the violation of a municipal ordinance shall be subject to consideration of the factors set forth in F.S. § 162.09, if the offense is prosecuted before the special magistrate.

(c)

In addition to any fines that may be imposed, any person responsible for illicit or illegal discharges, or noncompliance with BMPs at industrial and/or construction sites, shall be liable to the town for the expenses incurred in abating pollution, including expenses incurred in testing, measuring, sampling, collecting, removing, treating, and disposing of the polluting materials and preventing further noncompliance and/or illicit discharges. The determination of the reasonableness of such costs shall be brought before the special magistrate, either as an independent hearing or in conjunction with a code enforcement hearing. The determination regarding the reasonableness of the cost of abatement shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment if such amount is not paid within ten days from the date of the special magistrate's decision regarding the abatement costs.

(d)

Persons responsible for violation of this article shall be liable for all costs incurred by the town in sampling, analyzing and/or monitoring the discharge, together with all state and/or federal fines imposed as a result of the discharge and cost of removing, remedying or properly treating the discharge.

(e)

Any person found in violation and/or who fails to comply with the requirements of any provision of the article shall, without limitation on the town's legal recourse, be subject to prosecution before the special magistrate of the town, pursuant to this Code. Each day of violation shall constitute a separate violation.

(f)

The town may elect to take any or all of the above remedies concurrently, and the pursuit of one shall not preclude the pursuit of another.

(g)

In the event of an illicit discharge, the Town shall not be required to send a Notice of Violation and may cause a Hearing to be immediately scheduled before the Special Magistrate with notice of such hearing provided to the violator.

(h)

The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Town to seek cumulative remedies. The Town may recover all attorney's fees court costs and other expenses associated with enforcement of this Chapter in court.

(Ord. No. 2022-04, § 1, 4-18-22)

Any funds received by the Town as a result of the enforcement of this code which are not used for specific purposes set forth in this code shall be deposited in the stormwater utility fund.

(Ord. No. 2022-04, § 1, 4-18-22)