The purpose of this article is to provide specific criteria for allowable clearing and grading in order to prevent flooding, to avoid drainage impacts on adjoining properties, and to limit damage to the environment and to the waterways within the city. Specific review criteria for evaluation of drainage modifications are located in article II of this chapter.

(Ord. No. 2010-5, § 2, 3-17-10)

It is hereby unlawful for any person to change or modify the grade of any land without obtaining a minor engineering permit in accordance with the provisions of this chapter or development plan approval, as appropriate. The following procedure shall apply for unsubdivided property or subdivided lots with no approved development or building plan. However, the provisions of article II of this chapter shall supersede the following for those activities requiring a minor engineering permit or development plan as reflected in article II of this chapter.

(a)

Application procedure. Application shall be made to the community development department on an appropriate form provided by the city. Application submittal shall include the necessary drawings of documents to show the following:

(1)

All existing trees eight inches or over DBH; other vegetation depicted by canopy area or spread with average density, height, and trunk dimensions; the trees and vegetation to be removed shall be clearly noted and all specimen trees proposed for removal shall be individually noted.

(2)

The existing and proposed grades, in one-foot contours, of the property of the applicant and that of all abutting property owners. The nature of the proposed changes of grade and justification for such changes shall be noted.

(3)

The name, address and telephone number of the applicant to which all notices and communications relating to such application may thereafter be sent, as well as a brief statement describing the need for, and intent of, the proposed work.

(b)

Standards of review. The application shall be reviewed on the following criteria:

(1)

The extent to which the actual or intended use of the property requires changes of grade.

(2)

The desirability of preserving any tree by reason of its size, age, or some other outstanding quality, such as uniqueness, rarity or status as an historic or specimen tree.

(3)

The extent to which the area would be subject to increased water runoff and other environmental degradation due to removal of the trees and changes of grade.

(4)

The heightened desirability of preserving or enhancing tree cover in densely developed populated areas.

(5)

The need for visual screening in transitional areas, or relief from glare, blight, commercial or industrial unsightliness or any other affront to the visual or aesthetic sense in the area.

(6)

The effect that changes in the natural existing grade will have on the trees to be protected and preserved.

(7)

The effect that changes in the natural or existing grade will have on drainage and its impact on adjoining properties.

(Ord. No. 2023-18 meeting, § 4, 12-12-23)

The approval of final development plans and subsequent issuance of development permit thereafter, shall authorize all grading shown on the approved plans without issuance of a separate permit. However, all soil and tree preservation measures required by this code shall be applicable. The implementation of these measures shall be agreed upon during the preconstruction meeting, including necessary inspections.

All property grading shall be designed to provide positive drainage from the lot to a public conveyance, designated stormwater detention/retention area with pop-off to public conveyance, or natural watercourse. The finished floor of all buildings shall be a minimum of 16 inches above the lowest adjacent road centerline grade and a minimum of 12 inches above the 100-year design high water level of the adjacent detention/retention area, unless specifically approved by the department based on the existence of positive drainage away from the street frontage.

(Ord. No. 1995-43, § 46, 12-19-95)

Erosion and sediment control measures shall be utilized to safeguard persons, protect property, and limit damage to the environment within the city. To achieve these goals, the following soil conservation measures and procedures shall be undertaken on all sites:

(a)

During construction. Standard best management practices (BMPs) and details specifically approved by the city shall be used to prevent erosion and the depositing of soils on or off-site. This shall include the protection of bare soils from wind forces.

(b)

Permits.

(1)

All construction activities within the city shall follow the rules and regulations outlined by the National Pollutant Discharge Elimination System (NPDES) generic permit requirements for phase II municipal separate storm sewer systems (MS4s), pursuant to chapters 62-620 and 62-621, Florida Administrative Code, and F.S. § 403.0885.

(2)

Any land activity or permit application where 0.5 acres (21,780 square feet) or more of soil will be disturbed shall also provide an erosion and sediment control plan (ESCP).

(3)

An erosion and sediment control plan is not required for any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

(c)

Erosion and sediment control plan exhibits. The following information and documentation shall be shown on or enclosed with the plans submitted for approval:

(1)

A natural resources map (no smaller than one inch = 100 feet) identifying soils, forest cover, and resources protected under other chapters of this code.

(2)

A construction schedule of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, buildings, final grading, and landscaping. The construction schedule shall identify expected commencement date on which clearing will begin, estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.

(3)

All erosion and sediment control measures necessary to meet the objectives of this code throughout all phases of the construction process and after completion of development of the site.

(4)

Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.

(d)

Design requirements. Erosion and sediment control plans (ESCPs) shall be designed according to the following provisions:

(1)

Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria as set forth in the latest edition of the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual, available from the Florida Department of Environmental Protection, and the city's standard construction details. The ESCP shall be adequate to prevent transportation of sediment from the site to the satisfaction of the city. Cut and fill slopes shall not exceed a 4:1 slope ratio, except as approved by the city to meet other community or environmental objectives.

(2)

Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters and provisions of this code. Clearing techniques that retain natural vegetation and drainage patterns shall be used.

(3)

Clearing shall not commence until the three-part clearing permit process has been satisfied as outlined in chapter 3, section 5(b)(2) of this code.

(4)

Phasing of clearing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the city. Appropriate size and location of each phase shall be reviewed on a case by case basis.

(5)

Acceptable erosion control techniques, as identified in the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual, shall include those listed below, subject to the following provisions, as applicable:

(a)

Soil stabilization shall be completed within seven days of clearing or inactivity in construction.

(b)

If seeding or another vegetation erosion control method is used, it shall become established within two weeks or the city may require the site to be reseeded or a nonvegetative option employed.

(c)

Soil stockpiles must be stabilized or covered at the end of each workday.

(d)

Techniques shall be employed to prevent the blowing of dust or sediment from the site.

(e)

Techniques that divert upland runoff around disturbed slopes shall be employed.

(6)

Acceptable sediment control techniques, such as settling basins, sediment traps, or tanks and perimeter controls, shall include those listed below, subject to the following provisions, as applicable:

(a)

Settling basins that are designed in a manner that allows adaptation to provide long term stormwater management, as required by the city.

(b)

Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.

(7)

Acceptable waterway and watercourse protection techniques shall include those listed below, subject to the following provisions, as applicable:

(a)

A temporary stream crossing approved by the city if a wet watercourse will be crossed regularly by construction.

(b)

Stabilization of the watercourse channel before, during, and after any in-channel work.

(c)

All on-site stormwater conveyance channels designed according to the criteria outlined in the most recent version of Florida Stormwater Erosion and Sedimentation Control Inspector's Manual.

(d)

Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.

(8)

Acceptable construction site access techniques shall include those listed below, subject to the following provisions, as applicable:

(a)

A temporary access road provided at all sites.

(b)

Other measures required by the city in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.

(e)

Inspections.

(1)

The city's director of community development, or his designee(s), shall make inspections as required and shall either approve that portion of the work completed, or shall notify the permittee if the work fails to comply with the ESCP as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the city shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the city at least two working days before the following:

(a)

Commencement of site clearing permit procedures as outlined in chapter 3, section 5(b)(2) of this code;

(b)

Completion of site clearing;

(c)

Completion of rough grading;

(d)

Completion of final grading;

(e)

Completion of final landscaping.

(2)

The permittee or his designated agent shall make regular inspections, at least every seven days, or following a one-half-inch rain event, of all control measures in accordance with the inspection schedule outlined in the ESCP. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures, if warranted. All inspections shall be documented in written form and submitted to the city at the time interval specified in the approved permit.

(3)

The city's director of community development, or his designee(s) shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under this section.

(f)

Enforcement.

(1)

Stop-work order; revocation of permit—In the event that any person holding a site development permit pursuant to this code violates the terms of the permit or implements site development in such a manner as to adversely affect the public health, safety, and welfare, the development permit shall be suspended or revoked.

(2)

Violation and penalties—Any permittee, after notice and an opportunity for hearing, who is found to have constructed, enlarged, altered, repaired or maintained any grading, excavation or fill that violates any terms of this code shall be deemed guilty of a misdemeanor. Each day during which any violation of the provisions of this code is committed, continued, or not corrected, shall be deemed a separate offense. The amount of the fine for violations of this code shall be set by resolution of the city council. In addition to any other penalty authorized by law or this code, any person(s), partnership, corporation or other entity found to be in violation of the provisions of chapter 10, article I, section 5 shall be required to bear the expense of restoration of the site in compliance with this code.

(3)

Should the owner, after notice and an opportunity for hearing, fail to take, or commence taking, the necessary corrective action, pursuant to lawful order the city may enter upon the property, take corrective action and place a lien on the property of the owner for the costs thereof.

(g)

Nothing in this section shall be interpreted to limit enforcement of this article by any other remedy provided in the city's Land Development Code, the city's ordinances, or state or federal law.

(h)

Post-construction. Following final grading of a site, all disturbed areas shall be seeded and mulched, or sodded, as required by the city's standard construction details. The removal, or lack of maintenance, of vegetation resulting in on-site or off-site erosion of any kind shall be a violation of this code.

(Ord. No. 1992-29, 11-3-92; Ord. No. 2010-5, § 2, 3-16-10; Ord. No. 2012-16, § 7, 12-11-12; Ord. No. 2023-18 meeting, § 4, 12-12-23)

The burying of rubbish, logs, lumber, building materials, underbrush, trash or other matter which would decompose or allow the land to thereafter settle is hereby determined to be a change or modification of the grade of land for which no permit shall be issued, except for duly authorized landfills and limited burying approved as part of the construction of landscaped berms and similar features in nonbuildable areas.

(a)

Restoration plan required. All violations of this code involving the unauthorized removal of trees or vegetation shall require the landowner to file a restoration plan as outlined in article II, chapter 9.

(b)

Referral to special magistrate. Other violations of this code involving reversible conditions may be referred to the special magistrate as outlined in chapter 3.

(c)

Stop work order. A stop-work order shall be issued for all sites in violation upon which construction has been authorized. No further city permits for the subject property or project shall be issued, or attendant inspections completed, until such violations are corrected or a restoration plan has been accepted by the city. This shall include the certificate of occupancy for the attendant structure.

(Ord. No. 2019-8, § 14, 8-20-19)

(a)

The purposes of this article are to:

(1)

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

(2)

Control stormwater runoff so as to prevent erosion, sedimentation and flooding; and

(3)

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

(b)

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

(1)

Protect the quantity and quality of ground and surface waters;

(2)

Prevent the lowering of existing water table elevations to the detriment of these other stated objectives;

(3)

Perpetuate recharge into the ground water system;

(4)

Prevent and reduce salt water intrusion;

(5)

Minimize the production of nuisance and disease-carrying mosquitoes;

(6)

Discourage reliance on drainage systems which depend on the use of electrical energy or petroleum fuels to move water, remove pollutants or maintain the systems;

(7)

Reduce wind- or water-caused erosion loss of valuable top soils and subsequent sedimentation of surface water bodies;

(8)

Alleviate downstream flood hazards;

(9)

Prevent significant loss of life and property due to runoff from any foreseeable rainfall event;

(10)

Reduce the capital expenditures associated with floodproofing and the installation and maintenance of [a] storm drainage system;

(11)

Minimize the adverse impact of development on the water resources of the County of Volusia; and

(12)

Maximize protection of class II waters.

(a)

Prohibitions. No person may develop or make any change in the use of land or construct a structure or change the size of a structure, except as exempted herein, without first obtaining a development permit as provided herein. For the purpose of this article, the following development may potentially alter or disrupt existing stormwater runoff patterns, and as such, will, unless exempted below, require a permit prior to the commencement of construction:

(1)

Clearing and/or drainage of land as an adjunct to construction.

(2)

Clearing and/or draining of nonagricultural land for agricultural purposes.

(3)

Converting agricultural lands to nonagricultural uses.

(4)

Subdividing land.

(5)

Replatting recorded subdivisions and the development of recorded and unrecorded subdivisions.

(6)

Changing the use of land and/or the construction of a structure or a change in the size of one or more structures.

(7)

Altering the shoreline or bank or [of] any surface water body.

(8)

The permanent (long period) lowering of the water table.

(b)

Exemptions. The following activities shall be exempt from this article:

(1)

Single-family and duplex residences and accessory structures.

(2)

Bona fide agricultural pursuits, including forestry, except where an artificial drainage system will be used to increase the flow of surface water from the applicant's land.

(3)

Maintenance work performed on existing drainage canals for the purpose of public health and welfare.

(4)

Maintenance work on utility or transportation systems, provided such maintenance work does not alter the purpose and intent of the drainage system as constructed.

(5)

Any maintenance, alteration, renewal, use or improvement to an existing structure not changing or affecting rate or volume of stormwater runoff.

(6)

The one-time construction of any structure or addition, not otherwise exempt, not exceeding 4,000 square feet of impervious or semi-impervious surface area subject to vehicular traffic. This area includes roads, parking lots, driveways and loading zones.

(7)

Construction which does not exceed 5,000 square feet of building area or other impervious area which is not subject to vehicular traffic.

(Ord. No. 1997-39, § 1, 6-24-97; Ord. No. 2023-18 meeting, § 4, 12-12-23)

An application for a minor engineering permit shall be filed, processed and approved in the following manner:

(a)

Determination of exemption. In cases where it is not clear that a proposed development is exempt from this article, a request for determination of exemption may be submitted.

(1)

The request for determination of exemption shall be filed with the drainage utility division.

(2)

The request for determination of exemption shall contain three copies of the following information:

(a)

A statement signed by the owner/developer which certifies that the development will:

(1)

Not obstruct any existing flow of stormwater runoff; and

(2)

Not drain stormwater onto adjacent lands not now receiving runoff from the proposed development area.

(b)

An application form containing the following information and exhibits:

(1)

Name, address and telephone number of the applicant and owner;

(2)

Location map, address and legal description of the proposed development;

(3)

Statement expressing the scope of the proposed development;

(4)

Schedule of proposed development;

(5)

Sketch showing existing and proposed structures, paving and drainage patterns; and

(6)

Review fee as adopted by resolution of the city council.

(c)

It is the responsibility of the applicant to include in the request for determination of exemption sufficient information for the city to evaluate the application and the acceptability of those measures proposed.

(3)

Within ten working days after filing, the city shall determine whether or not the preliminary application is complete. If it is determined that it is complete, the city shall process the application. If it is determined to be incomplete, it shall be returned to the applicant.

(4)

After receiving the preliminary application, the city shall, within ten working days, determine and then notify the applicant that either the proposed development is exempt or that a standard permit shall be applied for.

(5)

In making a determination of exemption from the permitting procedures, the city shall consider:

(a)

Whether or not the proposed project is exempt pursuant to section 9;

(b)

Whether or not the proposed project will increase the rate or volume of runoff from the existing site;

(c)

Whether or not the proposed project will adversely affect water quality;

(d)

Whether or not there are other criteria which would require a standard or lesser application; and

(e)

Whether or not a St. Johns River Water Management District permit is required.

(6)

Upon making a determination under subsection (5), the drainage utility division will immediately notify the applicant.

(7)

Upon notification, the applicant may appeal the determination by filing a request with the city manager, within ten working days. A final determination shall be made by the city council within 30 days.

(8)

If it is determined that the proposed development is exempt, the applicant is authorized to commence and complete construction of only the development described in the request for determination of exemption. No construction shall commence until a St. Johns River Water Management District permit is approved, if required.

(b)

Concurrent review. Where a project requires subdivision or site development plan approval, all review shall be done concurrently under the appropriate approval process, and no separate permit shall be required. Plans and exhibits required by subsection (c)(1) below may be combined with other plans and exhibits required by this code for development plan review.

(c)

Minor engineering permit application and review. Application shall be made directly to the department.

(1)

Application shall consist of three copies of all required information and [be] accompanied by the appropriate review fee. The following plans and information, prepared by a Florida registered engineer, shall be submitted with the application:

(a)

A detailed site development plan, including a general location map and the location of all existing and proposed pavement and structures;

(b)

Topographic maps of the site and all adjacent contributing areas before and after the proposed alterations;

(c)

Information regarding the types of soils and ground water conditions existing on the site;

(d)

General vegetation maps of the site before development and a plan showing the landscaping to be performed as part of the project;

(e)

Construction plans, specifications, and computations necessary to indicate compliance with the requirements of this article;

(f)

Additional information necessary for determining compliance with this article as the city may require; and

(g)

Additionally, for larger developments, a hydrograph for the proposed development may be required, particularly in those areas where the cumulative impact of the outflows on downstream flows are of concern.

(2)

Within ten working days of filing of the application, the department shall determine whether the application is complete. If the application is determined to be incomplete, it will be returned to the applicant.

(3)

If the application is determined to be complete, the department shall commence review, and within 21 days after the determination of a complete application, the department shall approve, approve with conditions, or deny the application.

(Ord. No. 1993-58, 1-18-94; Ord. No. 1995-43, § 47, 12-19-95; Ord. No. 2023-18 meeting, § 4, 12-12-23)

(a)

Basic performance standards. Stormwater management system design shall conform with the following performance standards:

(1)

Stormwater runoff shall be subjected to best management practice prior to discharge into natural or artificial drainage systems. Best management practice shall mean a practice or combination of practices determined by the city to be the most effective, practical means of preventing or reducing the amount of pollution generated by the project to a level compatible with Florida water quality standards found in chapter 17-3, Florida Administrative Code.

(2)

No site alteration shall cause siltation of wetlands, pollution of downstream wetlands or reduce the natural retention or filtering capabilities of wetlands.

(3)

No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes.

(4)

All site alteration activities shall provide for such water retention and settling structures and flow attenuation devices as may be necessary to insure that the foregoing standards and requirements are met. No site alteration shall result in any net reduction of available floodplain storage.

(5)

Design of water retention and detention structures and flow attenuation devices shall be subject to the approval of the city pursuant to the standards hereof. Detention structures shall be designed to release runoff to the downstream drainage system over a period of time so as not to exceed the capacity of the existing downstream system. The design of water retention and detention structures and flow attenuation devices shall be in compliance with the standard construction details.

(6)

In order to maintain good water quality in stormwater management detention ponds and maximize the provision of fish and wildlife habitat, stormwater management systems with permanently wet detention ponds should be designed, operated and maintained so as to resemble a natural pond to the greatest extent practicable. A natural pond design should include: a littoral zone comprised of native emergent and submersed aquatic macrophytic vegetation; a deep open water limnetic zone free of rooted emergent and submersed vegetation; and, where feasible, an upland buffer of native trees, shrubs and understory vegetation.

(7)

A positive drainage system shall be provided which will not adversely impact downstream owners or adjacent lands.

(8)

Where possible, natural vegetation shall be used as a component of the drainage system. The water table should not be manipulated so as to endanger natural vegetation beneficial to water quality unless natural vegetation can be replanted and survive with a lowered water table condition.

(9)

Runoff from higher adjacent lands shall be considered and provisions for conveyance of such runoff shall be included in the drainage plan.

(10)

Runoff shall be treated to remove oil and floatable solids before discharge from the site in a manner approved by the city.

(11)

Erosion by wind or water shall be prevented by the developer throughout the construction process.

(12)

Direct discharge to class II waters is prohibited. A workable filter system must be provided prior to any discharge to class II waters.

(13)

For the purpose of this article, it is presumed that the lowering of the water table for the purpose of constructing detention/retention basins and for the purpose of permanently protecting road construction does not conflict with the stated objectives of this article if all of the following are met:

(a)

The development site is not in an area known to the city, based on data collected and interpreted by the U.S. Geological Survey, the St. Johns River Water Management District, the city and other professional investigators, as important to recharge or to prevention of discharge to the Floridan aquifer.

(b)

The proposed lowering of the water table shall be over no more than 15 percent of the site to a depth of five feet below the surface of the existing undisturbed ground, or an equivalent volume, said area to be measured at the overflow elevation of the retention area(s).

(c)

If ditches, underdrains or similar devices are used to lower the water table, the lateral volumetric effect will be calculated, and the volume will be deducted from that allowed for retention areas.

(d)

The high water table may be lowered up to two feet below the undisturbed ground in the vicinity of roads for the purpose of protecting the sub-base and base of the roadway and/or for the purpose of preventing mosquito breeding in the roadside swales.

(e)

The lowering of the water table has no adverse effect on wetlands as defined herein.

(f)

The lowering of the water table does not increase flows to the detriment of neighboring lands.

(b)

Additional performance standards.

(1)

The minimum volume of retention to be provided shall be equivalent to one-half inch of depth over the entire project area. For certain soil conditions or ground water table conditions which do not permit the percolation of this volume within the five days following a storm event, the city may approve detention with filtration systems in lieu of retention.

(2)

The discharge hydrograph produced for the developed or redeveloped site shall not exceed, in terms of peak flow and total volume, the hydrograph produced by conditions existing before development or redevelopment for a 24-hour, 25-year frequency storm, unless the intent of this recharge provision will be met through detention of the difference between said volumes, in which case said volume difference may be released over not less than a 24-hour nor greater than a 72-hour period of time. However, the design standards for wet retention areas, when approved by the city, shall prevail. This requirement may be waived by the city for sites consisting predominantly of poorly drained soils having permanently and naturally impaired recharge potentials. However, the runoff from the first one inch of rainfall for each storm falling on all areas of the project shall be retained on-site except in cases where the city concurs that soil and/or ground water table conditions are not conducive to such practice, in which case said first inch shall be detained and released over a period of 24 to 72 hours, in a manner acceptable to the city. However, in the case of wet detention, standards approved by the city shall prevail. In addition, the cumulative impact of the outflow hydrograph on downstream flow shall be considered. Runoff rates and volumes resulting from the project, in excess of existing amounts, shall be accommodated on-site. Off-site retention may be permitted if, in the opinion of the city, the recharge requirements of this article are met.

(3)

Peak discharge 100-year storm. The peak discharge resulting from a 24-hour, 100-year frequency storm on the developed or redeveloped site shall not exceed the peak discharge resulting from a 100-year frequency storm for existing conditions on the site.

(4)

Runoff computations. Runoff computations shall be based on the most critical situation (rainfall duration, distribution and antecedent soil moisture condition) and conform to the methods described in the Florida Department of Transportation Drainage Manual, latest edition, and the St. Johns River Water Management District Regulation of Stormwater Management Systems.

(c)

Review standards. In reviewing and approving the application, the city shall consider, where appropriate, the following minimum standards:

(1)

The characteristics and limitations of the soil at the proposed site with respect to percolation and infiltration;

(2)

The existing topography of the site and the extent of topographical changes after development;

(3)

The existing vegetation of the site, the extent of vegetational changes after development and the threat posed to vegetation endangered or indigenous to wetlands;

(4)

The plans and specifications or structures or devices the applicant intends to employ for on-site stormwater retention/detention with filtration, erosion control and flow attenuation;

(5)

The effect the proposed stormwater management system will have upon mosquito breeding habitat;

(6)

The adequacy of easements for drainage systems in terms of both runoff conveyance and maintenance;

(7)

The method of handling upland flow which presently discharges through the sites;

(8)

The effectiveness of wind and water erosion control measures during construction;

(9)

Standards and requirements of any other governmental jurisdiction;

(10)

The maintenance entity responsible for upkeep of the system upon its completion;

(11)

The continuity of phased projects. Phased projects will require the submission of an overall plan for the applicant's total land holdings;

(12)

The existing hydrologic cycle of the proposed site and the impact of the proposed alterations on the existing hydrologic cycle;

(13)

The impact the proposed project will have on the natural recharge capabilities of the site; and

(14)

The impact the proposed project will have on downstream water quantity and quality and specifically the potential for downstream flooding conditions.

(Ord. No. 1995-43, §§ 48, 49, 12-19-95; Ord. No. 1997-39, § 2, 6-24-97; Ord. No. 1999-6, § 19, 2-23-99)

Upon notification by the city of the determination of the SDRC, the department will immediately notify the applicant of that determination.

(a)

Issuance of development permit. Upon the satisfaction of any approval conditions, and presentation of any other required county, regional, state, or federal agency permits required for the proposed construction, the department shall issue the development permit.

(b)

Denial of application. When an application does not meet the requirements for approval, the department shall immediately notify the applicant, in writing, to explain the reasons for denial and to provide suggestions as to how the permit application may be modified to meet the city's requirements.

(Ord. No. 1995-43, § 50, 12-19-95; Ord. No. 2023-18 meeting, § 4, 12-12-23)

The installed system(s) required by this article shall be maintained by the owner except where the city specifically accepts a certain system for maintenance. The selection of critical areas and/or structures to be maintained by the city shall be recommended to the city council by the department. All areas and/or structures to be maintained by the city must be conveyed to the city by plat or separate instrument and accepted by the city council. The owner shall provide adequate easements with respect to system(s) to be maintained by the owner to permit the city to inspect and, if necessary, to take corrective action should the owner fail to maintain the system(s). The operation and maintenance entity shall inspect the stormwater or surfacewater management system every two years after construction to verify the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name, address, and telephone number of the inspector, whether the system was functioning as designed and permitted and if required, the corrective action taken. These records shall be available for inspection upon request by the city during normal business hours.

(Ord. No. 1995-43, § 51, 12-19-95; Ord. No. 2011-27, § 5, 10-25-11)

Any changes or amendments to the approved plans must be approved by the department. If the completed development appears to deviate from the approved plans the department may require the developer to submit as-built plans of the completed project. In consideration of the city's review and approval of plans, the owner or his agent shall grant city inspectors inspection rights and right-of-entry privileges in order to ensure compliance with the requirements of this article.

(a)

If the city determines that the project is not being carried out in accordance with the approved plans or if any project subject to this article is being carried out without a permit it is authorized to:

(1)

Take actions authorized under chapter 3 of this code; or

(2)

Issue a stop-work order directing the applicant or person in possession to cease and desist all or any portion of the work which violates the provisions of this article.

(b)

Should the owner fail to properly maintain the system(s) the department shall give such owner written notice of the nature of the corrective action necessary. Should [the] owner fail, within 30 days from the date of the notice, to take, or commence taking, the necessary corrective action, the city may either enter upon the property, take corrective action and place a lien on the property of the owner for the costs thereof, or bring an action before the special magistrate in order to obtain compliance herewith.

(Ord. No. 1995-43, § 52, 12-19-95; Ord. No. 2019-8, § 15, 8-20-19; Ord. No. 2023-18 meeting, § 4, 12-12-23)

This article shall not be construed to prevent the doing of any act 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 imminent 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 city manager 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 days following such action. Remedial action may be required by the department, subject to appeal to the city council in the event of dispute.

The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the City of Port Orange through the regulation of nonstormwater connections and discharges to the city's separate storm sewer system, also known as the MS4, to the maximum extent practicable, as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are:

(a)

To regulate the contribution of pollutants to the MS4 from stormwater discharges by any user;

(b)

To prohibit illegal connections and discharges to the MS4; and

(c)

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

(Ord. No. 2010-32, § 1, 11-9-10)

The following definitions shall apply to this ordinance:

Authorized enforcement agency shall mean the City of Port Orange.

Best management practices (BMPs) shall mean the schedule 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 stormwaters, receiving waters, watercourses, or the MS4. 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.

City shall mean the City of Port Orange, Volusia County, Florida.

City's separate storm sewer system (MS4), shall mean the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, natural and manmade or altered channels, piped storm drains, pumping facilities, retention and detention basins, reservoirs, and other drainage structures) owned and operated by the city and designed or used for collecting or conveying stormwater and not used for collecting or conveying sewage.

Clean Water Act shall mean the Federal Water Pollution Control Act (title 33, United States Code, section 1251 et. seq.) and any subsequent amendments thereto.

Construction activity shall mean all activities subject to the National Pollution Discharge Elimination System (NPDES) Construction Permits, pursuant to chapters 62-620 and 62-621, Florida Administrative Code; and F.S., § 403.0885. These include construction projects resulting in land disturbance of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

Hazardous materials shall mean 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.

Illicit connections shall mean an illegal connection, defined as either of the following:

(a)

Any drainage or conveyance, whether on the surface or subsurface, that allows a discharge to enter the MS4, including, but not limited to, any conveyances that allow any nonstormwater discharge including sewage, processed wastewater, and wash water to enter the MS4, and any connections to the MS4 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

(b)

Any drainage or conveyance connected from a commercial or industrial land use to the MS4 that has not been documented in plans, plats, maps, or equivalent records and approved by the authorized enforcement agency.

Illicit discharge shall mean any direct or indirect nonstormwater discharge to the MS4, except as exempted in section 20.

Industrial activity shall mean any activity subject to NPDES industrial stormwater permits as defined in title 40, Code of Federal Regulations, section 122.26 (b)(14); chapters 62-620 and 62-621, Florida Administrative Code; and F.S. § 403.0885.

MS4 shall mean the City's Separate Storm Sewer System.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit shall mean a permit issued by the Florida Department of Environmental Protection (FDEP) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.

Nonstormwater discharge shall mean any discharge to the city's MS4 that is not composed entirely of stormwater.

Person shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

Pollutant shall mean anything which 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, ordinances [ordnance], 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.

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

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

Stormwater management plan (SWMP) shall mean a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, the MS4, other stormwater conveyance systems, watercourses, and receiving waters to the maximum extent practicable.

Wastewater shall mean any water or other liquid, other than uncontaminated stormwater, discharged from premises.

(Ord. No. 2010-32, § 1, 11-9-10)

This article shall apply to all water entering the MS4 generated on any developed and undeveloped Premises, unless expressly exempted by the City.

(Ord. No. 2010-32, § 1, 11-9-10)

The City shall administer, implement, and enforce the provisions of this article.

(Ord. No. 2010-32, § 1, 11-9-10)

(a)

Illicit discharges. No person shall throw, drain, 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, except as permitted by law. The commencement, conduct or continuance of any illicit discharge to the MS4 shall be illegal except as described as follows:

(1)

The following discharges are exempt from discharge prohibitions established by this article:

a.

Water line flushing, landscape irrigation, diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.

b.

Discharges or flow from firefighting, and other discharges specified in writing by the city as being necessary to protect public health and safety.

c.

Discharges associated with dye testing; however this activity requires a verbal notification to the city prior to the time of the test.

d.

Nonstormwater 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 (FDEP), 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 MS4.

(b)

Illicit connections. No person shall construct, use, maintain, or continue the existence of an illegal connection to the city's MS4. This prohibition expressly includes, but is not limited to, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(1)

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.

(2)

Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the city.

(3)

Any drain or conveyance that has not been documented in plans, plats, maps or their equivalent, and which may be connected to the MS4, shall be located by the owner or occupant of that property and depicted on revised plans, plats, maps or their equivalent, upon receipt of written notice of violation from the city. Such notice of violation shall specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified and illustrated, and that the outfall location or point of connection to the MS4, the sanitary sewer system, or other discharge point be identified and illustrated, all on revised plans, plats, maps, or their equivalent. The owner or occupant shall provide written documentation to the city as to how the drain or conveyance and outfall were located.

(Ord. No. 2010-32, § 1, 11-9-10)

Every person owning or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, such that those structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. No. 2010-32, § 1, 11-9-10)

(a)

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 may be required in a form acceptable to the city prior to discharging into the MS4.

(b)

The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the notice of intent (NOI) to the city at the same time the operator submits the original NOI to the FDEP.

(c)

The copy of the NOI may be delivered to the city either in person or by mailing it to:

Notice of Intent to Discharge Stormwater
Dept. of Community Development
City of Port Orange
1000 City Center Circle
Port Orange, FL 32129

(d)

A person commits an offense under this article if the person operates a facility that is discharging stormwater associated with industrial activity without first having submitted a copy of the NOI to the city.

(Ord. No. 2010-32, § 1, 11-9-10)

(a)

Pursuant to subsection (d) below, the city's duly authorized enforcement agent(s) shall at any reasonable time enter and inspect any property, premises or place that is subject to compliance under this article, except a private residence, for the purpose of ascertaining the state of compliance with this article, an NPDES permit, state or federal law, rules or regulations. This includes premises where records are kept that are required under this article, the person's NPDES permit, or by other laws and regulations.

(b)

Pursuant to subsection (d) below, the city's duly authorized enforcement agent(s) shall at all reasonable times have access and authority to copy any records required under this article, under an NPDES permit, or as required by other laws and regulations. The agent(s) may also inspect any monitoring equipment or method; sample for any pollutants; and obtain any other information necessary to determine compliance with permit conditions, the requirements of this article, or with other laws and regulations.

(c)

No person shall refuse reasonable entry or access to any duly authorized enforcement agent of the city who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection. The owner or operator of the premises shall receive a report, if requested, setting forth all facts found which relate to compliance status.

(d)

An inspection pursuant to subsections (a) and (b) above shall be conducted after:

(1)

Consent for the inspection is received from the owner, operator, or person in charge; or

(2)

An appropriate inspection warrant is issued in accordance with Florida law.

(Ord. No. 2010-32, § 1, 11-9-10)

The owner or operator shall identify and submit best management practices for city approval for implementation, on a case-by-case basis, as it relates to the violating premises, for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the MS4, watercourses, and receiving waters. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of illicit materials or other wastes into the MS4 or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4, watercourses, and receiving waters. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the maximum extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater management plan (SWMP) as necessary for compliance with requirements of the NPDES permit.

(Ord. No. 2010-32, § 1, 11-9-10)

(a)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the MS4, watercourses, or receiving waters, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

(b)

In the event of a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.

(c)

In the event of a release of nonhazardous materials, and in addition to all other legally required notices, the person shall notify the city's department designated by the city manager in writing no later than the next business day.

(d)

If the discharge of illicit materials emanates from a commercial or industrial establishment, the owner or operator of such establishment 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 ten years.

(e)

Failure to provide notification of a release as provided above is a violation of this article.

(Ord. No. 2010-32, § 1, 11-9-10; Ord. No. 2023-18 meeting, § 4, 12-12-23)

(a)

Violations. It shall be unlawful for any person to violate any provision of this article or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article shall be subject to appropriate enforcement actions consistent with the ordinances of the city and all other applicable laws, rules and regulations.

(b)

Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this article, the city shall order compliance by written notice of violation to the responsible person. The notice of violation shall contain the following:

(1)

The name and address of the alleged violator;

(2)

The address, when available, or a description of the building, structure or land upon which the violation is occurring, or has occurred;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action;

(5)

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

(6)

A statement that the notice of violation may be scheduled for a hearing before the special magistrate if the notice of violation is not remedied in a timely manner; or, in the case of an emergency, the notice of violation shall be scheduled for a hearing before the special magistrate, per subsection 2-210(d), Code of Ordinances, City of Port Orange, Florida; and

(7)

A statement specifying that, should the violator fail to restore compliance within the established time schedule, the city may undertake either or both of the following steps:

a.

Disconnect the premises from the MS4;

b.

With the written permission of the property owner, or upon a lawful order, direct city personnel or a licensed contractor hired by the city to enter upon the premises, undertake the required work, and charge the expense thereof to the violator.

(8)

Such notice of violation shall require, without limitation, one or more of the following:

a.

The performance of monitoring, analyses, and reporting;

b.

The elimination of illicit connections or discharges;

c.

The cease and desisting of all violating discharges, practices, or operations;

d.

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

e.

Payment of a fine to cover administrative and remediation costs, with a lien placed against the violator's premises should the fine go unpaid after 30 days; and

f.

The implementation of source control or treatment BMPs.

(c)

Emergency cease and desist orders. When the special magistrate determines that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has or have caused or contributed to an actual or threatened discharge to the MS4, watercourses or receiving waters which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the special magistrate shall issue an order to the violator directing it to immediately cease and desist all such violations and directing the violator to:

(1)

Immediately comply with all permit, ordinance and other requirements of law; and

(2)

Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.

Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the special magistrate shall order the city to take such steps as deemed necessary to prevent or minimize harm to the MS4, watercourses, or receiving waters, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The city may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this article. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the city within three days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.

(d)

Immediate suspension due to illicit discharges in emergency situations. The city's department designated by the city manager shall, 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, watercourses, or receiving waters. If the violator fails to comply with a suspension order issued in an emergency, the city shall take such further steps as deemed necessary to prevent or minimize damage to the MS4, watercourses or receiving waters, or to minimize danger to persons, with all costs and expenses thereof borne by the violator.

(e)

Civil penalties, costs. In addition to all other remedies at law and in equity, in the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within the time set forth in the notice, the violation of this article shall constitute a violation punishable as provided in section 1-8, Code of Ordinances, City of Port Orange, Florida.

(Ord. No. 2010-32, § 1, 11-9-10; Ord. No. 2019-8, § 16, 8-20-19; Ord. No. 2023-18 meeting, § 4, 12-12-23)

An aggrieved party, including the city, may appeal a final administrative order of the special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special magistrate. An appeal shall be filed within 30 days of the execution of the order to be appealed.

(Ord. No. 2010-32, § 1, 11-9-10; Ord. No. 2019-8, § 16, 8-20-19)

It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow duly authorized enforcement agents of the city, or its designated contractor, to enter upon the premises for the purposes set forth herein.

(Ord. No. 2010-32, § 1, 11-9-10)

In addition to the enforcement processes and penalties provided in this article, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed to be a public nuisance, and such condition may be summarily abated or restored at the violator's expense, or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken.

(Ord. No. 2010-32, § 1, 11-9-10)

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore this article does not intend nor does it imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. Every person bears ultimate responsibility for any contamination or pollution discharged into the MS4, the waters of the United States, or other watercourses within the city.

(Ord. No. 2010-32, § 1, 11-9-10)

This article 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 provisions 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. 2010-32, § 1, 11-9-10)

The remedies provided for in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorney fees, court costs, costs of remediation and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses, with interest. The city shall have the right to establish a lien against the violator's premises for all unpaid expenses incurred in remedying violations of this article, and may utilize any other method or procedure provided by law or ordinance for imposition and collection of the lien. Any unpaid balance on the lien, together with interest at the rate of 12 percent per annum from the due date, shall be a lien on any lands or premises affected or served thereby. Such liens shall be superior and paramount to the interest in such lands or premises of any owner, lessee, tenant, mortgagee or other person, except the lien of state, county and municipal taxes, and shall be on a parity with the lien of such state, county and municipal taxes. If any such fee, rate or charge is not paid as and when due and is in default for 30 days or more, the unpaid balance thereof and all interest accrued thereon, together with attorneys' fees and costs, may be recovered and such liens may be foreclosed by the city in the manner provided by the laws of the state for foreclosure of mortgages on real property.

(Ord. No. 2010-32, § 1, 11-9-10)