HomeMy WebLinkAboutOrdinance No. 08-2013 ii
ORDINANCE NO.08-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 90, FLOODS, OF THE CODE OF ORDINANCES
RELATED TO CONSTRUCTION SITE STORMWATER
RUNOFF CONTROL; MAKING CONFORMING
AMENDMENTS TO CHAPTER 2, ADMINISTRATION;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHERAS,the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City of Cape Canaveral, Florida, maintains a National Pollutant
Discharge Elimination System permit through the Florida Department of Environmental
Protection; and
WHEREAS, the permit requires the City adopt an ordinance addressing construction site
stormwater runoff control as set forth herein; and
WHEREAS, the City also desires to update existing provisions of Chapter 90 consistent
with the new construction site stormwater runoff control regulations adopted herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
Cape Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS,
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Amendment to Chapter 90, Floods. Chapter 90, Floods, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and stfikeeut type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Chapter 90. It is intended that the text in Chapter
90 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 90. FLOODS
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ARTICLE IV. STORMWATER MANAGEMENT
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DIVISION 1. GENERALLY
* * *
Sec. 90-120.Enforcement and penalties.
This division shall be enforced pursuant to section 90-206 of this code.
(a) Under this article, if the building official determines that a project is not being
(1) Issue written notice to the applicant specifying the nature and location of
(2) Issue a stop work order directing the applicant or person in possession of
or be subject to a denial of the certificate of occupancy for the project.
(3) Any order pursuant to subsection a 1 or (2) of this scction shall become
O y p OO O
(b) Any person who violates or causes to be violated any section of this article or
Each calendar day when such violations occur shall constitute a separate offense. In
addition to any other remedies, the violations of this article may be restrained by
* * *
DIVISION 2.PERMIT
Sec.90-131. Required.
No person may subdivide or make any changes in the use of land or build or rebuild a
structure or change its size, except as exempt in section 90-132, without first obtaining a site
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Ordinance No.08-2013
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development permit from the city building department as provided in this code di\isien. Since
the following activities may alter or disrupt existing stormwater runoff patterns, they shall,
unless exempt pursuant to section 90-132, require the issuance of a city site development permit
prior to onset by paying a fee as set forth in appendix B to this code:
* * *
Sec. 90-132. Exemptions.
The following activities shall be exempt from the permitting requirements of section 90-
131:
(6) Emergency exemptions in accordance with section 90-207. as follows:
(a) This article shall not be construed to prevent any act otherwise lawful and
necessary to prevent material harm to property as a result of an emergency,
including but not limited to fire, infestation by pests, hazards resulting from
} obtaining a permit is impractical and would cause undue hardship in the
(b) A report of any such emergency action shall be made to the building
official by the owner or person in control of the property upon which the
b.,the build;n of vial
Sec. 90-134. Same—Information required.
The following information shall be submitted as part of the development plan or
application for a stormwater permit:
* * *
(12) An erosion and sedimentation control plan that describes the type and location of
control measures, the timing of their implementation and maintenance provisions in accordance
with article V of this chapter.
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ARTICLE V. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL
Sec. 90-200.-Definitions.
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The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
3 Clearing means the removal of vegetation from land, not including the mowing of grass.
Drainage way means any channel that conveys surface runoff throughout the site
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Erosion control means a measure that prevents erosion.
Erosion and sediment control plan means a set of plans prepared by or under the
i direction of a licensed professional engineer indicating the specific measures and sequencing to
be used to control sediment and erosion on a development site during and after construction.
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Grading means excavation or fill of material, including the resulting conditions thereof
Land disturbing activity means activity associated with construction including, but not
limited to land preparation such as clearing, grading and filling, installation of streets and
walkways; excavation for basements, footings, piers or foundations; erection of temporary
forms; and installation of accessory buildings such as garages.
i Perimeter control means a barrier that prevents sediment from leaving a site by filtering
sediment laden runoff or diverting it to a sediment trap or basin.
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Phasing means clearing a parcel of land in distinct phases, with the stabilization of each
4 phase completed before the clearing of the next.
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Sediment control means measures that prevent eroded sediment from leaving the site
1 Site means a parcel of land or a contiguous combination thereof where grading work is
performed as a single unified operation.
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I Site development permit means a permit issued by the City of Cape Canaveral for the
construction or alteration of ground improvements and structures for the control of erosion.,
runoff and grading.
Stabilization means the use of practices that prevent exposed soil from eroding.
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Start of construction means the first land-disturbing activity associated with a
development, including land preparation such as clearing, grading and filling; installation of
streets and walkways; excavation for basements, footings, piers or foundations; erection of
i temporary forms; and installation of accessory buildings such as garages.
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Watercourse means natural or artificial stream, creek, slough, channel, ditch, canal,
waterway, gully, ravine or wash in which water flows in a definite direction and which has a
definite physical channel, bed or banks.
Waterway means a channel that directs surface runoff to a watercourse or to the public
storm drain.
Waste control means measures that prevent construction site waste from leaving the site
Sec. 90-201.- Permits.
tal;ff
A site development permit is required for land-disturbing activity that would require the
clearing of at least one acre of land. No site development permit shall be issued without
the approval of an erosion and sediment control plan by the City as required by Section
90-203.
No site development permit is required for the following activities:
(1) Any emergency activity that is immediately necessary for the protection of life,
property or natural resources.
(2) Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
Each application shall bear the name(s) and address(es) of the owner(s) or developer(s) of
the site, and of any consulting firm retained by the applicant, together with the name of
the applicant's principal contact at such firm, and shall be accompanied by a filing fee.
Each application shall include a statement that any land clearing, construction or
development involving the movement of earth shall be in accordance with the erosion
and sediment control plan.
tei The applicant may be required to file with the City a faithful performance bond, letter of
credit or other improvement security in an amount deemed sufficient by the city engineer
to cover all costs of improvements, landscaping, maintenance of improvements for such
period as specified by the City and engineering and inspection costs to cover the cost of
failure or repair of improvements installed on the site
Sec. 90-202.- Review and approval.
An erosion and sediment control plan shall be reviewed and either approved or
disapproved by (i) the building official or designee for land-disturbing activity that would
otherwise require any permit to be obtained through the City or (ii) the city engineer for all other
land-disturbing activity that does not otherwise require a permit to be obtained through the City.
Sec. 90-203.-Erosion and sediment control plan.
Lai The erosion and sediment control plan shall include the following:
A natural resources map identifying soils, forest cover and resources protected under
other chapters of this code.
al A sequence of construction of the development site, including stripping and clearing;
rough grading; construction of utilities, infrastructure and buildings; and final grading
and landscaping. Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas of clearing,
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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
article throughout all phases of construction and after completion of development of
the site. Depending upon the complexity of the project, the drafting of intermediate
plans may be required.
1 (b) Modifications to the plan shall be processed and approved or disapproved in the same
manner as set forth in Section 90-202, and may be authorized by the City by written
authorization to the permittee. Modification applications shall include:
in Major amendments of the erosion and sediment control plan submitted to the City as
appropriate; and
al Field modifications of a minor nature.
Sec. 90-204. -Design requirements.
(a) Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted except when in compliance with all other chapters of this code. Clearing
techniques that retain natural vegetation and drainage patterns shall be used to the
satisfaction of the City.
(b) Clearing, except that necessary to establish sediment control devices, shall not begin until
all sediment control devices have been installed and have been stabilized.
Erosion control requirements shall include,but are not limited to the following:
(1) Soil stabilization shall be completed as quickly as practical after clearing or inactivity
in construction;
(2) If seeding or another vegetative erosion control method is used it shall become
established as quickly as practical or the City may require the site to be reseeded or a
nonvegetative option employed; and
(3) Techniques that divert upland runoff past disturbed slopes shall be employed.
Sediment control requirements shall include,but are not limited to the following:
(1) Settling basins, sediment traps or tanks and perimeter controls;
(2) Sediment barriers for any component of the MS4 system located immediately outside
of the perimeter of the site such as for example, inlets, catch basins, grates, ditches
or swales;
(3) Settling basins that are designed in a manner that allows adaptation to provide long
1 term stormwater management, if required by the City; and
(4) Protection for adjacent properties by the use of a vegetated buffer strip in
combination with perimeter controls.
(e) Waterway and watercourse protection requirements shall include, but are not limited to
the following:
(1) Stabilization of the watercourse channel before, during and after any in-channel work;
and
(2) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved
channels.
ff Construction site access requirements shall include,but are not limited to the following:
al A temporary access road provided at all sites; and
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al 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_.
(g) Construction site waste control requirements shall include, but are not limited to, the
following:
(1) Designation of a collection area on-site that does not receive a substantial amount of
runoff from upland areas and does not drain directly to a water body;
(2) Provision of waste containers with lids that shall be covered during periods of rain;
al Scheduled waste collection to prevent waste containers from overfilling;
(4) Provision of extra containers and more frequent waste pickups during the demolition
phase of construction; and
(5) Collection, removal and disposal of all construction site wastes at authorized disposal
areas.
Sec. 90-205.-Inspection.
(a) The City, as applicable pursuant to Section 90-203, shall make inspections as hereinafter
required and either shall approve that portion of the work completed or shall notify the
1 permittee wherein the work fails to comply with the erosion and sediment control plan as
approved. Plans for grading, stripping, excavating and filling work bearing the approval
of the City, as applicable, shall be maintained at the site during the progress of the work.
To obtain inspections, the permittee shall notify the City, as applicable, at least one (1)
working day before the following:
al Installation of sediment and erosion measures;
(2) Start of construction;
Completion of site clearing;
(4) Completion of rough grading;
LSI Completion of fmal grading; and
Completion of final landscaping.
Q The permittee or his/her agent shall make regular inspections of all control measures in
3 accordance with the inspection schedule outlined on the approved erosion and sediment
control plan(s). The purpose of such inspections will be to determine the overall
effectiveness of the control plan and the need for additional control measures.
(c) The City shall have the authority to enter the property of the applicant as deemed
necessary to make regular inspections.
i Sec. 90-206.—Enforcement,inspections and penalties.
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The following enforcement options shall be available to address violations of this article,
each of which shall be non-exclusive:
3 (a) Code Enforcement. The City may pursue violations of this article through the code
enforcement proceedings set forth in Chapter 2, Article VI, Division 2 of this Code.
(b) Stop-work order; revocation of permit. The City may suspend or revoke a site
development permit in the event that a permit-holder violates this article, or the terms of
the permit, or implements site development in such a manner as to materially adversely
affect the public health, welfare or safety.
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(c) Code enforcement officer investigations. City code enforcement officers shall be granted
access to inspect property for compliance with this article. Violations of the terms and
conditions of a site development permit that are consistent with this ordinance shall also
be deemed to be violations of this article. Each day of violation shall constitute a separate
violation.
(d) Civil citations. In addition to all other remedies, a person who has been determined to
have violated a provision of this article may be subject to a civil citation as specified in
1 section 2-283 of this Code.
Penalties. In addition to any other penalty authorized by this section, any person,
partnership or corporation convicted of violating any of the provisions of this article shall
be required to bear the expense of restoration, including but not limited to, the costs of
investigation and testing.
Sec. 90-207.-Emergency exemption.
(a) This article shall not be construed to preclude 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 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 City by the permit holder as
soon as practicable, but no more than ten (10) days following such action. Remedial
action may be required by the City subject to appeal to the city council in the event of
I dispute.
* * *
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Section 3. Conforming Amendments to Chapter 2, Administration. Chapter 2,
Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended
as follows (underlined type indicates additions and stfikeeut type indicates deletions, while
i asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is
intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
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CHAPTER 2. ADMINISTRATION
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ARTICLE VI. CODE ENFORCEMENT j
* * *
DIVISION 3. CODE ENFORCEMENT CITATIONS
* * *
Sec. 2-283.—Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the
Brevard County Court, and are assigned the violation classification enumerated below:
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(15) Chapter 90, article V, construction site stormwater runoff control...Class
II.
* * *
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Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
1 Section 5. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or
letter and any heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical and like errors may be corrected and additions, alterations and
omissions, not affecting the construction or meaning of this Ordinance and the City Code may be
I freely made.
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Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
4 competent jurisdiction, whether for substantive, procedural or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
1 adoption by the City Council of the City of Cape Canaveral, Florida.
ADOXTED:bvaDe,,City Council of the City of Cape Canaveral, Florida this 16th day of
July '.,r 013. 1, :,
*'
_ K1 CIZO Cam. ap./..e-.9 -+�aL
-- ;; ; r;a ROCKY RANIiELS,Mayor
f�frt,Y For Against
ATTEST:a t L u'_ 1`� =' John Bond X
Bob Hoog Second
I ANGELA APPERSO , City Clerk Buzz Petsos Motion
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Rocky Randels X
Betty Walsh X
First Reading: June 18, 2013
Legal Ad published: June 27, 2013
1 Second Reading: July 16, 2013
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Approved as • egal form and sufficiency
for the C. '.•se Canaveral only by:
• • HONY A.GARGANESE,City Attorney
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