HomeMy WebLinkAbout941-05 Basins of Special Conceern ' • � � 1111111• I� IIJP4111 IIIII 11
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Re-record to add map 200 ,� 1, -
ORDINANCE NO. 941-05
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2008044324
AN ORDINANCE BY THE CITY OF ZEPHYRHILLS, FLORIDA
CREATING, REGULATING, AND ESTABLISHING STORMWATER
DESIGN CRITERIA FOR DRAINAGE BASINS OF SPECIAL CONCERN;
DESIGNATING CERTAIN AREAS AS DRAINAGE BASINS OF
SPECIAL CONCERN; PROVIDING I,OR INCLUSION IN THE LAND
DEVELOPMENT CODE, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
R 75 1 Rec. 69.
0 / Pt 1
WHEREAS, various; stormwater runoff drainage basins have experienced
stormwater runoff flooding. resulting in,.conditions harmful to the health, safety and
welfare of the public, and; w��
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WHEREAS, the Southwest Florida Water Management District (SWFWMD) has
promulgated general permit procedures within Chapters 40 D-4 and 40 D-40, FAC
applicable to most new development activities which have exempted certain activity o
construction that contributes to the flooding problem and often contain drainage designs
standards that are inadequate to prevent flooding in various stormwater drainag H
asins, and;
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WHEREAS, the City has previously utilized drainage design standards consistent m
with SWFWMD regulations, and;
WHEREAS, the City has the authority pursuant to Chapter 166, Florida Statutes,
to adopt more stringent design standards, and;
WHEREAS, the Federal Government has created a national flood insurance
rogram which is administered in the incorporated areas of the City by the City, and;
WHEREAS, flooding has also occurred in the City limits in areas beyond the
Ii nits of the FEMA Designated Special Flood Hazard Area (SFHA) Floodplain, and;
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WHEREAS, Pasco County recently commissioned a County-wide engineering! a C>
s udy by Metcalf & Eddy that shows that more stringent stormwater design regulations 0
re necessary for certain basins within the City; and �+
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WHEREAS, the City Council desires to implement Land Development
egulations for stormwater design within certain designated basins in order to protect Il(D(om
property and structures from flooding and to prlevent the future degradation of various
rainage basins.
' I
NOW, THEREFORE, BE IT ORDAINED by the City Council of Zephyrhills,
Florida, as follows: ^
D ITTM AS 0 CO Y L R
2-/ l,é '3?' J '
SECTION 1. RECITALS 0 BK 8
The WHEREAS clauses set forth above are hereby incorporated by reference
nd adopted as findings of fact.
SECTION 2. The City of Zephyrhills Drainage Basins of Special Concern
Ordinance is hereby created as follows:
DRAINAGE BASINS OF SPECIAL CONCERN
A. Regulated Drainage Basins
The City Council may identify drainage basins or sub-basins with either,,
i I adequate conveyance capacity or excessive ponding, in order to protect the health,!
safety and welfare of the public and to protect property. This type of basin so!
Record and Return to:
City Clerk's Office
5335 8th Street U 1
Zephyrhills,.FL 33542
�r 83 8
R
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designated by the City Council shall be classified as a Drainage Basin of Special
Concern (DBSC). -y 79�y
OR BK 7793 PG 1491
B. Basin Specific Design Standards 2 of 9
The City Council may establish special design standards applicable to any
new development activity within a specific Drainage Basin of Special Concern. Special
design standards may include, but are not limited to, the following:
(1) Maximum allowable peak rate of discharge per acre.
(2) Minimum required retention volume required,per acre.
C. Standard Design Regulations for Drainage Basins of Special Concern
Unless the City Council adopts a more stringent special design standard
within any particular Drainage Basin of Special Concern pursuant to Paragraph B
above, the following standard regulations shall be applicable to Drainage Basins of
Special Concern designated in this Ordinance or by an amendment pursuant to Section
H herein:
1. Open Drainage Basin
a. The maximum peak rate of stormwater runoff discharge from any
development activity shall not exceed the prior existing maximum peak rate of
stormwater runoff discharge for a 2, 10, 25 and 100 year return frequency storm event
for duration of 24 hours.
b. Runoff volume shall be limited to pre-development conditions such
that there shall be no increase in the volume of runoff resulting from development
activity fora 100-year return frequency, 24 hour duration storm event. _
c. There shall be no net loss of storage volume from the most
restrictive of:
(1) FEMA established floodplain storage volume,
(2) Storage volume below the elevation of a recorded City or
County observed flooding,
(3) Calculated ponding based upon a 100 year return frequency
24 hour storm event, or
(4) A more critical event standard defined in a City or SWFWMD
approved study for the applicable drainage basin.
d. The minimum habitable finished floor elevation shall be above the
highest elevation established by the following criteria:
• (1) Articles IV, VII and XI of the Land Development Code,
(2) Recorded County or City observed high water elevation plus
one foot,
(3) Calculated ponding elevation based upon a 100-year return
frequency, 24-hour duration storm event plus one foot, or
(4) A more critical event standard defined in a City or SWFWMD
approved study for the applicable drainage basin plus one foot.
e. Permit applicants may present for consideration off-site mitigation
plans in accordance with preliminary/construction plan submittal. In addition, an
2
applicant must demonstrate that the mitigation will be viable and sustainable in
perpetuity.
OR BK 77,93 PG 1492
2. Closed Drainage Basin 3 of 9
a. The maximum peak rate of stormwater runoff discharge from any
development activity shall not exceed the prior existing maximum peak rate of
stormwater runoff discharge for a 2, 10, 25 and 100 year return frequency storm event
f
br a duration of 24 hours.
b. Runoff volume shall be limited to pre-development conditions such
that there shall be no increase in the volume of runoff resulting from development
activity for a 100-year return frequency, 10-day duration storm event.
c. There shall be no net ;loss of storage volume from the most
restrictive of:
(1) (1) FEMA established floodplain storage volume,
(2) Storage volume below the elevation of a recorded County or
City observed flooding,
(3) Calculated ponding based upon a 100 year return frequency 10
day storm event, or
(4) A more critical event standard defined in a City or SWFWMD
approved study for the applicable drainage basin.
d. The minimum habitable finished floor elevation shall be above the
highest elevation established by the following criteria:
(1) Articles IV, VII, and XI of the Land Development Code,
(2) Recorded County ;or City observed flooding elevation plus
no foot,
(3) Calculated elevation based upon a 100-year return
requency, 10-day duration storm event plus one foot, or
(4) A more critical event standard defined in a City or SWFWMD
approved study for the applicable drainage basin plus one foot.
e. Permit applicants may present for consideration off-site mitigation
lans in accordance with preliminary/construction plan submittal. In addition, an
applicant must demonstrate that the mitigation will be viable and sustainable in
perpetuity.
D. Maintenance
All stormwater management systems that are not accepted for
maintenance by the City shall be operated and maintained by an entity other than the
City of Zephyrhills.
E. Engineer's Certifications
1. Permit applications and stormwater management plans shall be prepared
by a professional engineer registered to practice in the State of Florida. A certificatio
of compliance with this Ordinance accompanied by acceptable plans and calculations
shall be submitted as part of the permit application by the engineer. Upon completion of
construction, a professional engineer registered to practice in the State of Florida shall
Submit a certification of completion certifying compliance with the approved permit. The
rofessional engineer shall maintain standard professional liability insurance in the
3
of
minimum amount of $1,000,000.00 per occurrence and shall submit proof of insurance
with all permit applications.
2. It is the responsibility of the applicant to include in the Stormwater
Management Plan and Report sufficient information for the City Manager or his
designee to evaluate the environmental characteristics, of the affected area, the
potential and predicted impacts of the proposed activity on area surface waters, and the
effectiveness and acceptability of those measures proposed by the applicant for
reducing adverse impacts.
3. The Stormwater Management Plan and Report shall contain, as a
minimum, the following information:
a. The name, address, and telephone number of the applicant and the
engineer;
OR BK 7793 PG 1493
b. The location map.
4 of 9
c. The predevelopment environmental and hydrological conditions of
the site and/or receiving waters and wetlands shall be described in detail, including the
following:
(i) The direction, peak flow rate, : and for closed basins and
Drainage Basins of Special Concern, the volume of predevelopment stormwater run-off.
(ii) The location of area on the site where predevelopment
stormwater collects or percolates into the ground.
(iii) A description of all water courses, water bodies, and
wetlands on or adjacent to the site or into which stormwater flows.
(iv) Seasonal high water table elevations.
(v) Location of 100-year flood plain, or best available
information.
(vi) Description of vegetation.
(vii) Topography.
(viii) Soils.
(ix) Location of drainage basins and sub basins.
(x) Rainfall data for the appropriate design storm.
(xi) SCS curve numbers.
d. Proposed post development conditions of the site shall be
described in detail, including:
(i) Areas to be filled and/or excavated.
(ii) Areas where vegetation' will be cleared or otherwise
removed.
(iii) The size and location of non-residential buildings or other
structures. The typical lot layout shall be used to compute the coefficient of run-off.
(iv) Location of drainage basins and sub basins.
4
OR BK 7793 PG 1494
5 of 9
OR BK
(v) SCS curve numbers. 5 f
(vi) Effect of any proposed open space irrigation systems.
e. All components of the drainage system and any measures for the
etention, retention, or infiltration of water or for the protection of water quality shall be
described in detail, including:
(i) The direction, flow rate, and for closed basins and Drainage
Basins of Special Concern, the volume of stormwater that will be conveyed from the
site, if any, with a comparison to the predevelopment conditions.
(ii) Detention and retention areas, including plans for the
discharge of waters.
(iii) Areas of the site to be used or reserved for percolation.
(iv) A plan for the control of erosion which describes in detail the
type and location of control measures.
(v) Any other information which the developer or the City
rylanager or his designee believes is reasonably necessary for an evaluation of the
tormwater management plan.
4. The requirement for submittal of a stormwater management plan shall not
be waived for subdivisions and projects located in Drainage Basins of Special Concern.•
5. To ensure attainment of the objectives of the Land Development Code
nd this Ordinance, and to ensure that standards will be met, the design, performance
onstruction, and maintenance of the drainage system shall be consistent and shall limit
the
rate of stormwater discharge from new developments to amounts which are equal
T
or less than, the rate of discharge which existed prior to development in accordance
ith the rules of Chapters 40D-4 and 40D-40, FAC, administered by the Southwest
Florida Water Management District, provided, however, that Drainage Basins of Special
Concern shall be subject to the provisions of this Ordinance.
F. Applicability Section
1. This Ordinance shall apply to all construction or development activity
within Drainage Basins of Special Concern.
2. Exemptions:
a. This Ordinance shall not apply to development for which a complete
application for a stormwater management plan or drainage plan has been submitted to
the City Manager or his designee prior to the date on which the applicable Drainage
Basin is designated as one of Special Concern by the City Council and is not withdrawn
denied or expired, unless the City and the applicant have previously agreed to an earlier
application date.
b. This Ordinance shall not apply to development for which an approved,
unexpired Master Drainage Plan or Stormwater Management Plan has been approved
prior to the date the City Council acts to designate a Drainage Basin of Special
Concern. Additionally, all subsequent stormwater management plans submitted in
pompliance with an approved, unexpired Master Drainage Plan shall be exempt from
this Ordinance. Provided, however, this Ordinance shall apply to development for which
a Master Drainage Plan application has been submitted, but has: not been approved J
prior to the date the City Council acts to designate a Drainage Basin of Special
Concern.
c. If required by the Southwest Florida Water Management District,
the City shall allow deviations from the criteria, in this Ordinance to the extent necessary
5
OR BK 77,3 PG 1 45 OR G 1
6 of 9 0
to prevent adverse impacts to wetlands or other surface waters when it is demonstrated
that adverse impacts cannot otherwise be practicably avoided.
G. Designation of Tank Lake and East Zephyrhills as DBSC's
With the enactment of this Ordinance, the City Council designates Tank
Lake (west of the old railroad berm) and East Zephyrhills (excluding Lake Pasadena but
including Lake Dorothea, Lost Lake and Silver Oaks) as closed Drainage Basins of
Special Concern as delineated on the attached map. Upon the effective date of this
Ordinance, land within these basins shall be subject to this Ordinance.
H. Future Designation of Basins of Special Concern
The City Council may, designate additional areas as Drainage Basins of
Special Concern by amending this Ordinance. Designation of basins as Drainage
Basins of Special Concern will include the following steps:
1. Documentation of the fact that the basin is prone to flooding based on
records of flooding occurrence and severity. The records can include photos and
statements from City or County staff or area residents.
2. Evaluation of basin drainage characteristics and cause of flooding, based
on review of relevant information including topographic maps, drainage features and
structures, such as channels and culverts, surficial soils, land use and soil stratigraphy.
If warranted, this evaluation may include modeling of stormwater runoff generation and
conveyance.
3. Determination that the flooding would be exacerbated unless the
provisions of this ordinance are in force. The area(s) to be covered shall be accurately
depicted on maps that will be available in digital and hard copy format.
I. City Enforcement.
The City is specifically authorized to take any and all steps and actions that are
legally available to it, including any court proceedings as are authorized by law, against
any person who fails, neglects, or refuses to comply with this Ordinance, or who
knowingly furnishes false information or information that is not supported by scientific
data to the City or any official in charge of the administration of this Ordinance on any
matter relating to the administration of this Ordinance. Each day: of a violation shall
constitute a separate offense. The City may elect any or all of the available remedies
concurrently, and the pursuit of one shall not preclude the pursuit of another, or any
other remedy allowed by law.
J. Definitions
1. Open Basin means a watershed that is not closed.
2. Closed Basin means a watershed in which the run-off does not have a
surface outfall up to and including the 100-year, 10-day flood .level or an open basin with
a severe discharge restriction as determined by the City Council at a public hearing.
3. Drainage Basin or Sub-basin means the area that contributes
stormwater runoff to a common low area or common discharge point.
4. Recorded County or City observed flooding elevation means a
flooding elevation surveyed by the County and/or the City and adopted,as a standard by
the City Council by resolution.
K. REMOVAL OF DESIGNATIONS `
The City Council shall consider amending this section and removing the Special
Concern designation from any open basin if the following conditions are met:
6
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1. The City receives a removal request containing a scientific analysis and a
proposal to remediate or otherwise ameliorate the conditions that supported the
tsignation. Such request must include proposed funding for the implementation of themediation plan;
2. The City Manager, in consultation with the Southwest Florida Wate
anagement District, determines that the remediation plan presents a viable solution
that is permitted and funded, and;
3. The City Council has approved the remediation plan.
SECTION 3. INCLUSION IN THE CODE
It is the intent of the City of Zephyrhills City Council that the provisions of this
Ordinance shall become and be made a part of the Zephyrhills Land Development
Code, and that the sections of this Ordinance' may be renumbered or relettered and the
word "ordinance" may be changed to "section," "article," or such other appropriate word
or phase in order to accomplish such intentions. 1496
ECTION 4. SEVERABILITY of 9
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida
hat if any section, subsection, sentence, clause or provision of this ordinance shall be
eclared invalid, the remainder of this ordinance shall be construed as not having
ontained said section, subsection, sentence, clause or provision, and not shall
ffected by such holding.
• ECTION 5. REPEALER
oll provisions of the Zephyrhills Land Development Code, as amended, and/or
rdinances or parts of ordinances in conflict herewith are hereby repealed to the extent
f any conflict.
ECTION 6. EFFECTIVE DATE
This Ordinance shall take effect upon passage on the third reading and signing by the
ayor.
he foregoirig Ordinance No. 941-05 was read and passed on the first reading in an
pen-ai 'd regular meeting of the City Council of the City of Zephyrhills, Florida, on this
8th'day of.*November,`2005.
Attet� �
Lin . Boan, City clerk Cathi L. Compton, Council President
he foregoing- Ordinance No. 941-05 was read and passed on the second reading,
following a publichearing, in an open and regular meeting of the City Council of the City
bf Zephyrhills, Florida;`'on.this 12t" day of December, 2005.
Attest:
Lind D 'Bo n, City Clerk Cathi L. Compton, Council President
[The foregoing -Ordinance No. 941-05 was, read and passed on the third reading,
following a'pu:blic,.,hearing, in an open and regular meeting of the City Council of the City
of Zephyrhills, Florida, on this 9t" day of Janu ry, 2006.
ttest: . J
Linda D:.Boan,.,City Clerk Cathi L. Compton, Council President
JJJ18T
The foregoing Ordinance-No. 941-05 was approved by me this 9th day of January, 2006: j
W 'Cliff..M ffi Ma
Approve s to I fo d legal content
Karla S. Owens,. ity Attorney •
OR gK 7793 PG 1497
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