HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-018Temp. Ord. #2123
Rev. #1 - 10/3/06
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.0-2006-_Lj5_
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 OFTHE
CITY CODE OF ORDINANCES ENTITLED, "LAND
DEVELOPMENT REGULATIONS", BY AMENDING ARTICLE
V ENTITLED, "IMPROVEMENTS", BY AMENDING DIVISION
4 ENTITLED, "DRAINAGE", BY ADDING SECTION 10-226
ENTITLED, "STORMWATER MANAGEMENT", AS
REQUIRED BY THE NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM PERMIT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the United States Environmental Protection Agency (EPA) has
authorized the Florida Department of Environmental Protection (FDEP) to implement and
administer the National Pollutant Discharge Elimination System (NPDES) stormwater
program within the State of Florida; and
WHEREAS, the City of Tamarac, Broward County and certain other Broward County
municipalities are co-permitees of the current NPDES Permit; and
WHEREAS, the FDEP and Broward County have developed appropriate stormwater
pollution prevention standards and requirements to address the water quality issues related
to various construction activities; and
WHEREAS, it is the recommendation of the Director of Public Works Department
that the City of Tamarac adopt stormwater pollution standards and requirements of FDEP
and Broward County by reference in the City's Code of Ordinances; and
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Words in underscored type are additions.
Temp. Ord. #2123
Rev. #1 - 10/3/06
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WHEREAS, the City Commission of the City of Tamarac, Florida, desires to update
the City Code of Ordinances to reflect changes as proposed by the Director of Public
Works; and
WHEREAS, the City Commission of the City of Tamarac, Florida, has determined it
to be in the best interest of the citizens and residents of the City of Tamarac to amend
Chapter 10 of the City Code of Ordinance entitled, "Land Development Regulations", by
amending Article V entitled, "Improvements", by amending Division 4 entitled, "Drainage",
by adding Section 10-226 entitled, "Stormwater Management" and determine that a
comprehensive stormwater pollution prevention program is necessary to protect the health,
safety, property, and welfare of the citizens, residents, and inhabitants of the City of
Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this ORDINANCE
upon adoption hereof.
SECTION 2: That Chapter 10, Code of Ordinance entitled "Land Development
Regulations" is herby amended by amending Article V entitled, "Improvements", by
amending Division 4 entitled, "Drainage", by adding Section 10-226 to read and provide as
follows:
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Words in underscored type are additions.
Temp. Ord. #2123
Rev. #1 - 10/3/06
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ARTICLE V: IMPROVEMENTS
DIVISION 4. DRAINAGE
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Sec. 10-226. Stormwater Management.
Adequate provisions shall be made for the management of stormwater, including erosion
and sedimentation control, in accordance with the requirements of the City Engineer, the
City Public Works Department, Engineering Division Minimum Standards of Design &
Construction the Broward County Environmental Protection Department, the South Florida
Water Management District SFWMD the Florida Department of Environmental Protection
FDEP and any other agency that may have jurisdiction over such activities. In case of
any conflict the most stringent requirements shall govern. Contractors or owners shall be
liable for the full cost of clean-up or fines or both for spilling or causing to spill any harmful
substance including but not limited to chemicals oil tar, asphalt, concrete debris soils
etc. that may ultimately flow into a public conveyance system, including but not limited to
public right-of-ways, pipes, canals or lakes.
1 Stormwater Pollution Prevention Plan.
A Stormwater Pollution Prevention Plan (SWPPP) shall be developed and submitted with
all applications for building, utilities and engineering permits. The SWPPP shall be in
substantial compliance with the requirements of Chapter 62.621, Florida Administrative
Code (F.A.C.) as amended from time to time. A copy of the SWPPP and Notice of Intent
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Words in underscored type are additions.
Temp. Ord. #2123
Rev. #1 - 10/3/06
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NOI filed with the Florida Department of Environmental Protection FDEP shall be
considered sufficient for permitting by the City.
(2) Water Quality Standards.
All runoff from any construction site flowing into the public right-of-way, public drainage
system or any water body controlled by the City�County or State of Florida shall be
managed so as not to degrade the water quality of the public drainage or conveyance
system. The Cit 's standards and requirements for maintaining water quality shall be in
substantial compliance with Sec. 27-195 and Sec. 27-196 of the Broward County Code
of Ordinances as amended from time to time.
(33) Violations and Penalties.
Any person or entity found in violation of this section after notice and opportunity to be
heard shall pay a fine of one hundred dollars 100plus costs. Anyperson or entity which
allows said violation to continue beyond twenty-four 24 hours of initial notification shall
pay an additional fine of two hundred -fifty dollars 250 . Any person or entity who allows
said violation to continue beyond forty-eight 48 hours shall pay a fine of one thousand
dollars ($1,000) and may be issued a Stop Work Order, and for each
day of violations thereafter shall also -pay a fine of one thousand 1 000 . These fines are
in addition to any fines that may be imposed by other agencies having 'urisdiction over
such activities. Repeat violations -may result in fines up to $10, 000 per day including
stopping work if the violation is of a serious nature affecting -health, safety and welfare of
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Words in underscored type are additions.
Temp. Ord. #2123
Rev. #1 - 10/3/06
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the residents or environment.
(4) Use of Funds.
Funds collected from the fines shall be deposited in the stormwater management utility
fund and shall be used to pay for these services as outlined in Sec. 22-257 of the Cit
Code as amended from time to time.
Section 3: It is the intention of the City Commission and it is hereby ordained that
the provisions of this Ordinance shall become and made part of the Code of Ordinances of
the City of Tamarac, Florida, 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
word or phrase in order to accomplish such intention.
Section 4: All ORDINANCES or parts of ORDINANCES in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5: If any provision of this ORDINANCE or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this ORDINANCE that can be given effect without the invalid provision or
application, and to this end provisions of this ORDINANCE are declared to be servable.
Section 6: This ORDINANCE shall become effective immediately upon its passage
and adoption.
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Words in underscored type are additions.
Temp. Ord. #2123
Rev. #1 - 10/3/06
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PASSED, ADOPTED AND APPROVED this 954�' day of '
2006.
ATTEST:
t
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
AMUEV S. OREN
CITY ATTOPNEY
FAR
We o
1L a • �
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR FLANSBAUM-TALABISCO
DIST 1: V/M PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR FLANSBAUM-TALABISCO At r
DIST 1: V/M PORTNER All r
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
Coding: Words in stF ek threugI4 type are deletions from existing law.
Words in underscored type are additions.
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