Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-018Temp. Ord. #2123 Rev. #1 - 10/3/06 Page 1 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 Coding: Words in strwr=k thFoug# type are deletions from existing law. Words in underscored type are additions. Temp. Ord. #2123 Rev. #1 - 10/3/06 Page 2 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: Coding: Words in StFUGk thFOUgh type are deletions from existing law. Words in underscored type are additions. Temp. Ord. #2123 Rev. #1 - 10/3/06 Page 3 ARTICLE V: IMPROVEMENTS DIVISION 4. DRAINAGE **************************************************************************************************** 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 Coding: Words in s*r„ k hhm gh type are deletions from existing law. Words in underscored type are additions. Temp. Ord. #2123 Rev. #1 - 10/3/06 Page 4 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 Coding: Words in stFu k thFeugI4 type are deletions from existing law. Words in underscored type are additions. Temp. Ord. #2123 Rev. #1 - 10/3/06 Page 5 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. Coding: Words in 4n ic4 thro gl type are deletions from existing law. Words in underscored type are additions. Temp. Ord. #2123 Rev. #1 - 10/3/06 Page 6 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. 1 1