HomeMy WebLinkAboutO-2023-007 Text Amendment (TX-030-23) Relating to Chapter 27 Stormwater Interim Design StandardsORDINANCE NO.2023- 06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO UPDATING CERTAIN PROVISIONS OF
CHAPTER 27, ENTITLED "WATER AND SEWERS;" AT ARTICLE V,
ENTITLED "STORMWATER REGULATIONS," AT SECTION 27-227,
ENTITLED "STORMWATER MANAGEMENT PLAN REQUIREMENTS;" TO
PROVIDE FOR CITY-WIDE INTERIM DESIGN STANDARDS FOR ALL
CONSTRUCTION APPROVED AFTER THE DATE OF ADOPTION OF THIS
ORDINANCE; PROVIDINGFOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2019, the Southeast Florida Regional Climate Change Compact ("the
Compact") developed the Updated Unified Regional Sea Level Rise Projections for the region for
the 2000-2120 timeframe using the Intergovernmental Panel on Climate Change (IPCC) Median
and National Oceanic and Atmospheric Administration ("NOAA") Intermediate High sea level
rise projection, with this standard recommended to be generally applied to most projects within a
mid-term planning horizon, up to 2070; and
WHEREAS, in 2021, the Florida Legislature enacted Florida Statutes Section 380.093,
which is known as the "Always Ready" legislation, that includes sea level rise projections for the
NOAA Intermediate Low and Intermediate High projections for 2040 and 2070, which projections
are to be used in vulnerability assessments; and
WHEREAS, in 2021, Broward County adopted an update to its Priority Planning Areas
Map Series that identifies areas hydrologically connected to tidally -influenced water bodies, and
those areas that are at increased risk of inundation under a 3.3 foot sea level rise scenario (the
"NOAA Intermediate High" projection), projected to occur as soon as 2070 (based on the 2019
Compact Unified Sea Level Rise Projections, 40" from Mean Higher High Water equivalent to an
elevation of 3.86' North American Vertical Datum of 1988 (NAVD 88)) and numerous other
policies and standards related to the review of projects relative to sea level rise; and
WHEREAS, the City of Dania Beach has initiated the development of a Stormwater
Master Plan anticipated to be completed in 2024, which plan would take into consideration the
above standards and projections: and
WHEREAS, the City of Dania Beach has initiated an Evaluation and Appraisal Report
("EAR") for its existing Comprehensive Plan anticipated to be completed in 2024, and the City
has identified compliance with Section 163.3178(2)(t), Florida Statutes as an issue to be addressed
within the EAR, which proposed Amendments are known as "Peril of Flood" Amendments for the
Coastal Management Element; and
WHEREAS, the City of Dania Beach has initiated the development of a Vulnerability
Assessment to be completed in 2024, funded by a Resilient Florida grant from the Florida
Department of Environmental Protection ("FDEP"); and
WHEREAS, the City of Dania Beach currently recognizes that through the development
of (1) technical information about the City's stormwater system in the Stormwater Master Plan,
(2) its proposed Vulnerability Assessment, meeting the requirements of section 380.093, Florida
Statutes, and (3) its policy Amendments to ensure compliance with the for the State of Florida's
"Peril of Flood" Amendments, would all contemplate the anticipated changes in future conditions
related to sea level rise, and would require the inclusion, specifically, of the NOAA Intermediate
High sea level rise projection in all construction project designs in the entire City, and will require
new policy and ordinance development to take these changes into consideration; and
WHEREAS, in the interim, while the City is studying and updating its Stormwater Master
Plan, creating its Vulnerability Assessment and preparing the Peril of Flood Amendments, until
such time as that technical and policy work is complete, the City of Dania Beach seeks to adopt an
interim city-wide construction, planning and design standard for stormwater management
including future conditions consistent with 1) the 2019 Unified Sea Level Rise Projection for the
region; and 2) Subsection 380.093(3)(d)3.b., Florida for the NOAA Intermediate High sea level
rise projection (40" or 3.86' NAVD 88); and
WHEREAS, Chapter 27 of the City's Code of Ordinances, entitled the "Water and Sewer"
is being modified to include the proposed interim design standards relating to stormwater
management plans and sea level rise; and
WHEREAS, the City Commission wishes to amend existing sections of the Code of
Ordinances to ensure further clarity to the City's Code; and
2 ORDINANCE #2023- 0 M-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City of Dania Beach's Code of Ordinances, at Chapter 27, entitled
"Water and Sewers;" at Article V, entitled "Stormwater Regulations," at Section 27-227, entitled
"Stormwater Management Plan Requirements;" is amended to read as follows:
CHAPTER 27
WATER AND SEWERS
ARTICLE V. - STORMWATER REGULATIONS
Section 27-227. Stormwater Management Plan Requirements/Interim Design Standards.
A stormwater management plan shall be submitted to the city for all projects that add impervious
area or modify pervious area whether or not city commission approval is required. The adopted
level of service for drainage is to retain the first inch of rainfall on -site; post -development runoff
shall not exceed predevelopment runoff rate for a 25-year storm event, up to and including an
event with a 24-hour duration.
The city-wide interim design standards that add impervious are affects all construction proiects
that add impervious area or modify pervious area whether or not City Commission approval is
required (public infrastructure or private development shall apty to all construction projects
initiated after May 10 2023 The City is in the process of (1) researching and adopting a
Stormwater Master Plan which will ultimately require additional updates to the City's
Stormwater Regulations: (2) conducting an EAR update to the Comprehensive Plan which shall
implement changes to the Flood portion of the Coastal Management Element to include the
NOAA Intermediate Hight sea level projection standards,• and (3) the City is in the process of
conducting its Vulnerability Assessment, consistent with the requirements of section 380.093,
Florida Statutes. entitled "Resilient Florida Grant Program; comprehensive statewide flood
vulnerability and sea level rise data set and assessment: Statewide Flooding and Sea Level Rise
Resilience Plan: repjonal resilience entities " Upon completion of the above studies and updates
the City's Stormwater Plan shall be updated as well. In the interim effective May 10th 2023 the
City's stormwater requirements are updated to require compliance with additional standards as
contained below.
All stormwater management plans submitted pursuant to this article shall conform to the
following standards:
(1) General Requirements. The following general requirements shall be adhered to when
developing a stormwater management plan:
ORDINANCE #2023-_CD �—
a. All stormwater drains, inlets and infiltration structures that have connection to a
waterway, shall be designed to include a storm drain stencil message, which reads, "NO
DUMPING! DRAINS TO WATERWAY'. The stencil message shall be five (5) inches
by twenty-nine (29) inches, with a white background and blue letters and made of
thermoplastic. All stencils should reflect Flint Trading, Inc., reference item number
89182093HS and if an alternate manufacturer is used, a sample stencil shall be provided
to the Building Department for approval prior to installation.
b. Performance standards. Stormwater management plans shall be included in all
projects requiring city commission approval. Each plan shall demonstrate that the
proposed development activity has been planned, designed and will be constructed and
maintained to meet each of the fellewing petfeffnanee standards of this section 27-227.=
c. Erosion and sedimentation facilities/devices are required for all development and
redevelopment projects within the city. Erosion and sedimentation facilities shall receive
regular maintenance to ensure that they continue to function properly. Minimum erosion
control standards are identified in the section below, "illicit discharge detection and
elimination".
d. Groundwater and surface water stages antecedent to a design event shall be the
incomorated into calculations for the post -development condition and stormwater
management requirements for the project. [Effective May 10, 20231.
e. All other required Federal, State and County regulatory approvals shall be obtained
by permit applicants. [Effective May 10, 20231.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading on May 10, 2023.
` Broward County: Future Conditions Average Wet Season Groundwater Elevation Map:
https://www.broward.org/waterresources/Documents/PlateWM2_1_FutureConditions.pdf
(5/5/2017).
2 Broward County Code of Ordinances, Article V, Sec. 27-200(b)(5)a.3.b)., Antecedent conditions.
ORDINANCE #2023- l l \ 1 -4-
Section 5. That this Ordinance shall be codified after adoption.
PASSED on first reading on April 25, 2023.
PASSED AND ADOPTED on second reading on May 9, 2023.
ATTEST:
APPROVED AS TO FORM AND CORRECTNESS:
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ORDINANCE #2023-a --