The City of Tavares has determined that the uncontrolled drainage and development of land has significant adverse impact upon the health, safety and welfare of the residents of the City. More specifically the City Council finds that:

(A)

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

(B)

Increases in nutrients such as phosphorus and nitrogen accelerates eutrophication of receiving waters which adversely affect flora and fauna;

(C)

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

(D)

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

(E)

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

(F)

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

(G)

Improperly managed stormwater runoff can increase the incidence of flooding and the levels of floods which occur thus endangering human life and property;

(H)

Substantial economic losses result from these adverse impacts on City waters; and

(I)

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

In order to protect, maintain, and enhance both the immediate and the long-term health, safety, and general welfare of the citizens of Tavares, it is the intent of the City Council to enact this Chapter so as to accomplish the following objectives:

(A)

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

(B)

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

(C)

To encourage productive and enjoyable harmony between humanity and nature;

(D)

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

(E)

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

(F)

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

(G)

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

(H)

To perpetuate natural groundwater recharge;

(I)

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

(J)

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

This Chapter shall apply in all areas of the City. In lieu of issuing a City of Tavares permit, the City may accept an environmental resource permit (ERP) required by the St. John's Water Management District.

For the purpose of this chapter, the terms, phrases, and definitions contained in Chapter 3 shall apply. Words used in the singular shall include the plural, and the plural, the singular. Words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined by the latest edition of Webster's Dictionary.

(A)

The requirements of this Stormwater Management Chapter shall be implemented, and shall be satisfied completely, prior to final project approval by the City.

(B)

No person shall conduct a development activity, or subdivide or make any change in the use of land, or construct any stormwater management system or structure, or change the size of an existing structure or system, except as exempted in Section 15-6, without first obtaining approval from the Department as provided herein.

(C)

Approval of the stormwater management plans shall be contingent on approval of any required environmental resource permit from the St. Johns River Water Management District but will not result in automatic approval of the stormwater management plans by the Director.

(D)

For the purposes of this Chapter, the following activities may alter or disrupt stormwater runoff patterns and shall, therefore, unless exempt in accordance with Section 15-6, require plan approval prior to the initiation of any project:

(1)

Clearing and/or construction for the drainage of land;

(2)

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

(3)

Changing the use of land and/or the construction of a structure;

(4)

Changing the size of one or more structures;

(5)

Altering shorelines or banks of waterbodies;

(6)

Increasing by five hundred (500) square feet or greater the impervious area of any parcel of land; and

(7)

Using natural or artificial waterbodies for stormwater management purposes.

For the purpose of this Chapter, the following activities shall be exempted from further consideration under the provisions set forth herein:

(A)

Residential Parcel Exemption. Residential parcels where such parcels are part of an overall subdivision which has been approved in accordance with the land, including Subdivision Regulations;

(B)

Agricultural Exemption.

(1)

Facilities for agricultural lands, provided those facilities are part of an approved Conservation Plan; however, if the Conservation Plan is not implemented according to its terms, this exemption shall be void.

(2)

In determining whether an exemption is available to a person engaged in the occupation of agriculture, the purpose of the topographic alteration must be consistent with the practice of agriculture and such alteration may not be for the sole or predominant purpose of impounding or obstructing surface waters. In determining consistency with the practice of agriculture occupations, the Department will refer to the following publication: "A Manual of Reference Management Practices for Agricultural Activities (November, 1978)." The following activities, structures, and waterbodies are considered as having impoundment or obstruction of surface waters as a primary purpose:

a.

Diversion, when such practice would cause diverted water to flow directly onto the property of another landowner;

b.

Floodwater retarding structure;

c.

Irrigation pit or regulating reservoir;

d.

Pond;

e.

Structure for water control;

f.

Regulating water in drainage systems; and

g.

Pumping station for water control, when used for controlling water levels on land.

(3)

Other practices which are described in the Manual and which are constructed and operated in compliance with Soil Conservation Service standards and approved by the Lake County Soil and Water Conservation District are presumed to be consistent with agricultural activities. Activities that are practices not described in the Manual are presumed to be inconsistent with the practice of agriculture.

(C)

Emergency Exemption. Emergency maintenance work performed for the protection of public health and welfare.

(D)

Maintenance Exemption. Any maintenance to an existing system made in accordance with permitted plans and specifications.

(E)

Single-Family or Duplex Exemption. Single-family or duplex residential construction on a single lot that is not part of a larger common plan of development.

Stormwater management plan applications shall be approved by the Administrator when it can be demonstrated that the proposed development activity has been planned and designed, and shall be constructed and maintained, to meet the performance criteria described herein. The stormwater management system design shall conform to the Design Standards approved and adopted by the Council.

(A)

All developments within riverine flood hazard areas shall be designed to maintain the flood carrying capacity of the floodway such that the base flood elevations are not increased, either upstream or downstream.

(B)

All residential and non-residential structures constructed in the 100-year floodplain shall have the finished first floor of the building elevated a minimum of 18 inches above the elevation of the 100-year flood, as determined by the Administrator. For industrial developments, flood proofing may be substituted in lieu of elevating the finished floor.

(C)

Development shall not result in an increase of the 100-year flood elevation. No fill shall be allowed to be placed in the 100-year floodplain without an equivalent volume of soil removed to compensate for the loss of the flood storage. Compensating storage is to be determined by the volume of material removed above the ordinary high water table and below the 100-year flood elevation established for that area.

(D)

Projects shall be designed so that stormwater discharges meet, at a minimum, the water quality criteria set forth by the St. Johns River Water Management District and the requirements of the City Storm Water Design Standards in order to achieve the state water quality standards established by the Florida Department of Environmental Regulation in Chapter 17-3, Florida Administrative Code.

(E)

The peak rate of flow of the discharge hydrograph for the project site shall not exceed the peak rate of flow produced by conditions existing before development or construction for the range of storms specified in the Design Standards, if the project area is not contributory to a land-locked area with no positive outlet. When the project area is contributory to a land-locked area with no positive outlet, the project shall provide extended detention for the difference in volume of stormwater discharge for pre- and post-development conditions from the 25-year, 96-hour storm event.

(F)

The stormwater management system shall not create an adverse impact to upstream or downstream areas. Off-site areas which discharge to or cross a site proposed for development shall be accommodated in the stormwater management plans for the development. No stormwater management application shall be approved until the applicant demonstrates that the runoff from the project shall not overload or otherwise adversely impact any downstream areas.

(G)

Wetlands shall not be used for stormwater treatment.

(H)

Wetlands shall not be used to attenuate runoff peak discharges except for isolated wetlands which are wholly contained on site, provided that the utilization of the wetlands for stormwater attenuation does not disrupt the normal range of water level fluctuation in an adverse manner as it existed prior to construction of the wetland discharge facility.

(I)

Stormwater facilities shall be designed to provide the following levels of service:

(1)

Bridges. Hydraulic Profile shall be below the top cord of the bridge for the 50-year, 24-hour storm.

(2)

Stormwater detention and retention ponds which are contributory to land-locked areas with no positive outlet shall be designed for the 25-year, 96-hour storm.

(3)

Canals, ditches, or culverts external to the development, and stormwater detention or retention basins which are not part of a project that is contributory to a land-locked area with no positive outlet, shall be designed for the 25-year, 24-hour storm.

(4)

Stormwater gutter spread for arterial and collector roadways shall not exceed one-half (½) of the roadway width. For local roads, stormwater gutter spread shall not exceed the crown of the road for the 10-year, 24-hour storm.

(5)

Storm sewers and roadside swales shall be designed such that the hydraulic gradient is 1.0 foot below the gutter line or edge of pavement for arterial roadways; and 0.5 feet below the gutter line or edge of the pavement for collector and local roadways for the 10-year, 24-hour storm.

(J)

All proposed stormwater management systems shall be designed to prevent flooding, promote safety, and minimize health hazards.

(K)

All stormwater management systems shall be designed to reduce the pollution of surface water and groundwater resources by stormwater, control erosion, and provide for recharge where appropriate. The Administrator, while enforcing standards set for pollution and sedimentation control, may encourage or request innovative approaches to achieve the purposes of the subsection.

(A)

Stormwater management systems shall be designed in accordance with the criteria contained in the City Stormwater Design Standards approved and adopted by the City.

(B)

The City may periodically modify these stormwater design criteria to meet the objectives of this Chapter or other construction codes which may be required by the City. These modifications shall be compiled by the Administrator in a set of amended Design Standards and incorporated into the adopted Design Standards annually.

(A)

Drainage easements or rights-of-ways, shall be conveyed by the owner at no expense to the City for the storm water facilities within the development.

(B)

When a proposed drainage system will carry water across private land outside the development, the off-site drainage easements as specified in the Design Standards shall be secured by the owner or applicant and indicated on the plat, or in a separate recorded document approved by the City.

(C)

When a development is traversed by a watercourse or open channel, the applicant shall provide a drainage easement or right-of-way conforming substantially to the liens of such watercourse or open channel, which shall be a minimum width, as specified in the Design Standards. Wherever possible, drainage shall be maintained by an open channel with landscaped banks with adequate width for the maximum potential volume of flow.

(D)

Easements and rights-of-way shall include suitable access as specified in the Design Standards for maintenance equipment from public rights-of-way.

(E)

All drainage easements, both on-site and off-site, shall be recorded on a final plat or a separate recorded document approved by the City.

(A)

It is the responsibility of the applicant to include in the storm water management plan application file with the Department sufficient information for the Administrator to evaluate:

(1)

The environmental and hydraulic characteristics of the affected areas;

(2)

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

(3)

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

(4)

The ability of an entity to properly maintain the system.

The storm water management plan application shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and citations to support references, as appropriate to communicate the information required by this section.

(B)

The storm water management permit application shall contain:

(1)

The name, address, and telephone number of the owner and applicant, and the entity that will maintain the system.

(2)

The maps and supporting documentation specified in the Design Standards.

(3)

A written operation and maintenance plan prepared in compliance with the provisions in Section 12 of this Chapter.

(4)

Construction plans and specifications for all components of the storm water management system shall be included in the storm water management permit application, which shall be prepared or directly supervised by, signed, and sealed by a Professional Engineer registered in the State of Florida.

(C)

Projects requiring SJRWMD environmental resource permits. Projects shall submit copies of all completed applications, and support documentation submitted for the ERP permit.

Payment of administrative, review, processing, permitting, and inspection fees associated with the cost of implementing the requirements of this Chapter shall be in accordance with a fee schedule as provided in Chapter 24.

(A)

The Administrator shall approve a written maintenance plan upon a finding that the plan meets the terms of this Chapter. The written operation and maintenance plan shall contain the information in this section as the minimum criteria that shall be accepted by the Administrator. The maintenance plan shall include:

(1)

Demonstration of the ability of an entity to provide adequate maintenance;

(2)

Written agreement of acceptance of an entity to maintain the facilities;

(3)

Specific maintenance activities to be performed;

(4)

Frequency of maintenance activity; and

(5)

Measurable objective of maintenance activity.

(B)

The installed storm water system shall be maintained by the legal entity responsible for maintenance. All storm water management permit applications shall contain documentation sufficient to demonstrate that the operation and maintenance entity is the legal entity empowered and obligated to perpetually maintain the storm water management facilities. The City considers the following entities acceptable to operate and maintain storm water management facilities:

(1)

Local governmental units including the City, or Municipal Service Taxing Units.

(2)

Active Chapter 298, Florida Statutes, water control districts or drainage districts, or Chapter 190, Florida Statute, Community Development Districts, or Chapter 170, Florida Statute, Special Assessment Districts.

(3)

Non-profit corporation including homeowners associations, property owners associations, condominium owners association, or master associations under certain conditions which ensure that the corporation has the financial, legal, and administrative capability to provide for the long-term operation and maintenance of the facilities.

(a)

The property is wholly owned by said permittee and the ownership if intended to be retained. This would apply to a farm, corporate office, or single industrial facility, for example.

(b)

The ownership of the property is retained by the permittee and is either leased to third parties, (such as in some shopping centers), or rented to third parties, (such as in some mobile home parks), for example.

(C)

The storm water management system to be maintained by the legal entity shall have adequate easements, in accordance with Section [15-] 9 of this Chapter, to permit the City to inspect, and if necessary, to take corrective action should the legal entity fail to maintain the system properly.

(D)

Maintenance of storm water facilities shall allow the storm water management system to perform as originally designed and permitted by the City and other appropriate governmental agencies as set forth in the written plan.

(E)

Maintenance shall include compliance with City building and construction codes, and all other applicable City codes.

(F)

The legal entity shall annually report to the City the maintenance performed during the year and demonstrate its financial capability to provide the required maintenance for the coming year. This shall be done to reflect compliance with their written maintenance plan.

(G)

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

(H)

In order to assure maintenance during the developer maintenance period security shall be submitted before acceptance of the constructed facilities. The security shall be in the form of an approved financial instrument which may include, but not be limited to, cash or performance bonds and letters of credit. The amount of the security shall be ten percent (10) of the certified construction cost estimate or the actual construction amount.

Subsequent to the permittee satisfying the requirements of this Chapter and other applicable Chapters, and the issuances of the appropriate permit, the permittee shall, during construction, arrange for and schedule the following inspections by the Administrator:

(A)

During clearing operation and excavation to assure that effective control practices relative to erosion and sedimentation are being followed.

(B)

All underground conveyance and control structures prior to backfilling.

(C)

Final inspection when all systems required by the permittee's approved storm water management plan have been installed.

(D)

The Professional Engineer for the project shall submit a signed and sealed set of as-built plans to certify the system has been constructed as designed and satisfies all conditions of the storm water management permit. Where changes have been made to the storm water management system which deviate from the approved construction plans, the Professional Engineer shall submit supporting documentation with the as-built plans which proves that the storm water system shall be in compliance with this Chapter and the Design Standards.

(E)

Maintenance and compliance inspections of storm water management systems shall be conducted on a routine, periodic basis, as deemed appropriate by the City, or as complaints arise concerning the system. By seeking and obtaining a permit under this Chapter, the operator and owner shall be deemed to have consented to inspections by the City and other appropriate regulatory agencies or departments upon presentation of proper identification by the representative(s) of the agency(ies) conducting the inspections.

If the Administrator determines that the project is not being carried out in accordance with the approved plan, or if any project subject to this Chapter is being carried out without a permit, the Administrator is authorized to:

(A)

Give the legal entity written notice of the corrective action required to be taken. Should the legal entity fail within thirty (30) days of the date of the notice to complete such corrective action, the City may enter upon the property, take the necessary corrective action, bill the violator and if the bill is not paid within ninety (90) days, file a lien upon the property for the cost of such corrective action.

(B)

The City may take appropriate corrective action in the event of an emergency situation which endangers persons or property, or both, as determined to exist by the City Administrator.

(C)

Issue written notice to the permittee specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within five (5) working days.

(D)

Issue a stop-work order directing the permittee or persons in possession to cease and desist all or any portion of the work which violates the provisions of this Chapter if the remedial work is not completed within the specified time. The permittee shall then bring the project into compliance.

(A)

This Chapter 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.

(B)

A report of any such emergency action shall be made to the Administrator by the owner or person in control of the property upon which emergency action was taken as soon as practicable, but no more than ten (10) days following such action. Remedial action may be required by the Administrator subject to appeal to the City Council in the event of a dispute.

(A)

When an applicant can show that, due to no fault of his own, but, because of strict interpretation of the City of Tavares' Storm Water Management Chapter, a hardship has been created, the City Council may grant a variance to any of the requirement of the City of Tavares Storm Water Management Chapter, in accordance with the procedures contained in Chapter 4.

(B)

The City Council may make the granting of a variance conditional upon such alternate and additional restrictions, stipulations, and safeguards as it may deem necessary to insure compliance with the intent and purpose of the City of Tavares' Storm Water Management Chapter.

The City Council shall have the power and authority to hear and decide appeals, in accordance with the procedures contained in Chapter 4, when it is alleged that there is error in any order, requirement, decision, or determination made by the Administrator in the administration of this Chapter, to determine whether the administrative determination appealed from was correct or not, and if not, to make the property determination.

The following penalties shall be available in the event of a violation of the provisions of this Chapter of the City of Tavares, any other applicable laws, rules, or regulation, or a permit.

(A)

Enforcement. All violations of the terms and conditions of the approved storm water management system permit, this Chapter, or any other Chapter, rule, regulation, or law may be enforced by enforcement action of the City Administrator.

(B)

Civil or Criminal Enforcement. Nothing in this Chapter precludes the City of Tavares from seeking immediate injunctive relief or taking such other lawful action, including but not limited to, forfeiture of the financial security held by the town to prevent or remedy any violation of any approved storm water management system permit, or any violation of the terms of this or any other City Chapter, or other law, rule, or regulation. Violation of any of the terms and conditions of any approved storm water management system permit, or any of the terms and conditions of this Chapter, may be prosecuted as provided in Chapter 125, Florida Statutes, Section 125.69.

(C)

Cumulative Effect. The penalties provided for herein are cumulative. Use of one method of enforcement shall not preclude the City from using other methods of enforcement for the same violation.