§ 110-362. Findings and purpose.

(a)

The board of county commissioners finds that uncontrolled drainage and development of land has a significant adverse impact upon the health, safety and welfare of the county community. Further, the board finds more specifically as follows:

(1)

Stormwater runoff is capable of carrying pollutants into receiving bodies, thereby degrading water quality.

(2)

The increase in nutrients, such as phosphorous and nitrogen, accelerates eutrophication of receiving water bodies, thereby adversely affecting flora and fauna.

(3)

Improperly channeling water increases the velocity of stormwater runoff, thereby increasing erosion and sedimentation.

(4)

Construction requiring the alteration of natural topography and removal of vegetation tends to increase erosion.

(5)

Siltation of water bodies resulting from increased erosion decreases the capacity of the water bodies to hold and transport water, interferes with navigation and harms flora and fauna.

(6)

Impervious surfaces increase the volume and rate of stormwater runoff, and allow less water to percolate into the soil, thereby decreasing groundwater recharge.

(7)

Improperly managed stormwater runoff may increase the incidents of flooding and the level of floods which occur, thereby endangering property and human life.

(8)

Improperly managed stormwater runoff may interfere with the maintenance of optimum salinity in estuarine areas, thereby disrupting biological productivity.

(9)

Substantial economical losses may result from such adverse impacts upon the waters of the county ecosystem.

(10)

Sound stormwater utility management practices result in the avoidance of future problems concerning the development of land and the maintenance of the quality of the county environment.

(b)

The purpose of this article is to protect, maintain, and enhance both the immediate and the long term health, safety and general welfare, of the citizens, residents, and inhabitants of the county. In order to effectuate this stated purpose, this article has the following objectives:

(1)

To establish a stormwater management program in the county which is mutually compatible with those developed by the state department of environmental regulation, the St. Johns River Water Management District, and other local governmental entities.

(2)

To develop a countywide stormwater management program, in a graduated fashion, upon a commission district by commission district basis, within the unincorporated areas, to be responsible for the construction, operation, and maintenance of stormwater devices; for stormwater system planning; for review of development plans for compliance with stormwater management codes; and for lake and river quality management.

(3)

To create one or more stormwater management system benefit areas and adopt stormwater utility fees or assessments sufficient to plan, construct, operate, and maintain stormwater management systems throughout the county.

(4)

To establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate, and maintain the stormwater management systems throughout the county.

(5)

To encourage productive and enjoyable harmony between humanity and nature.

(6)

To protect, restore and maintain the chemical, physical and biological integrity of community waters.

(7)

To prevent individuals, business organizations and governments from causing harm to the community by activities which adversely affect water resources.

(8)

To encourage the construction of drainage systems which aesthetically and functionally approximate natural systems.

(9)

To encourage the protection of natural systems, and the use of such natural systems in ways which do not impair their beneficial functioning.

(10)

To encourage the use of drainage systems which minimize the consumption of electrical energy, or petroleum fuels, in order to move water, remove pollutants, and maintain the systems.

(11)

To minimize the transport of pollutants to community waters.

(12)

To maintain or restore groundwater levels.

(13)

To protect, maintain, or to restore natural salinity levels in estuarine areas.

(14)

To minimize erosion and sedimentation.

(15)

To prevent damage to wetlands.

(16)

To prevent damage from flooding, while recognizing that natural fluctuations in water levels are beneficial.

(17)

To protect, restore and maintain the habitat of fish and wildlife.

(18)

To ensure the attainment of these objectives by requiring the approval and implementation of a stormwater management program for all activities which may have an adverse impact upon community waters.

(19)

To seek interlocal agreements with the various municipalities located within the county to ensure cooperative efforts toward joint development of compatible and efficient stormwater management programs.

(Code 1979, § 23-159; Ord. No. 95-34, § 1, 8-8-95)