§ 28-192. Findings of fact and statement of purpose.

(a)

The city operates and maintains a system of storm and surface water management facilities, including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities and other components as well as natural waterways.

(b)

Those elements of the city storm and surface water management system that provides for the collection, storage, treatment and conveyance of stormwater are of benefit and provide services to all property within the city.

(c)

The cost of operating and maintaining the stormwater management system and the financing of existing and future repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed and services received therefrom.

(d)

Due to the age of the existing infrastructure, rehabilitation and replacement of some portions may be required.

(e)

Water quality is degraded because of erosion and the discharge of nutrients, metals, oil, grease and other substances into and through the stormwater system.

(f)

Public health, safety and welfare are adversely affected by poor water quality and flooding resulting from inadequate stormwater management practices.

(g)

Real property either uses or benefits from the presence and operation of the stormwater management system.

(h)

Florida local governments have authority to establish a stormwater management program pursuant to the home rule powers provided in the Florida Constitution and F.S. Chs. 166 and 403.

(i)

The Florida legislature, through the adoption of F.S. § 403.0893, specifically authorizes and encourages local governments to provide stormwater management services as a utility function for which service charges may be levied.

(j)

New and dedicated funding for the stormwater management program of the city is needed, and the levy of a stormwater management utility fee is the most equitable method of providing this funding.

(k)

The federal Clean Water Act and implementing regulations adopted by the federal Environmental Protection Agency (EPA), requires permitting of certain municipal separate stormwater systems to ensure that minimum water quality standards are met.

(l)

The establishment of a stormwater management plan now will mitigate the impact of costs ultimately imposed upon local governments through the adoption by the EPA of permitting standards for separate municipal stormwater systems.

(m)

Adoption of a stormwater management program will generate revenues needed to implement the level of service standards contained in the city's comprehensive plan drainage element and the capital improvement element which were adopted in conformance with the requirements of F.S. Ch. 163.

(n)

Local natural resource features such as wetlands, lakes and groundwater supplies can be protected and enhanced as part of the stormwater management program.

(Ord. No. C-92-34, § 2, 7-21-92)