2024-05-07 VI. B. Exhibit 6, Ord #1275• • �1INII.JITr FILE
Exhibit 6
05/07/2024 CQ
-fm ff . 'B,
ORDINANCE NO. 12.75
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
PART II OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES,
SUBPART B LAND DEVELOPMENT REGULATIONS, WITHIN CHAPTER 78
DEVELOPMENT STANDARDS, BY SPECIFICALLY AMENDING ARTICLE IV
STORMWATER MANAGEMENT, AS SUBMITTED IN LAND DEVELOPMENT
REGULATION TEXT AMENDMENT APPLICATION NO. 23 -002 -TA;
PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida (City), has adopted Ordinance
Number 716, as amended, known as the Land Development Regulations (LDRs); and
WHEREAS, the City has a legitimate interest in periodic review of its Ordinances and LDRs in order
to address certain inconsistencies or outdated regulations contained in the Code of
Ordinances (the Code); to make amendments to meet changing community standards, or to
accommodate new development; and to create new ordinance or regulation to better serve
the public and to make the Code a more consistent arid easier to understand document; and
WHEREAS, the Planning Board for said City acting as the Local Planning Agency, reviewed and
discussed the proposed amendments, also known as LDR Text Amendment Application No.
23 -002 -TA, at duly advertised Public Hearings held on May 18, 2023, September 21, 2023,
and April 18, 2024; and based on findings of fact by the Planning Staff, hereby recommends
certain changes, amendments, or modifications to the Code, to present to the City Council
for ordinance adoption and codification; and
WHEREAS, the City Council for the City considered the recommendations by the Planning Board
and concludes that this Ordinance promotes the public health, safety, and welfare of its
citizens and inhabitants of the City, pursuant to Article VIII, Section 1(g), Florida Constitution;
and
WHEREAS, there are certain projects that are below the South Florida Water Management District
permitting threshold, and the City Council intends to capture those projects that individually
or collectively impact the City's stormwater management capabilities; and
WHEREAS, the City Council for the City finds and determines that these changes, amendments, or
modifications to the Code are consistent with all applicable policies including the LDRs and
the City's adopted Comprehensive Plan, and not in conflict with the public interest.
NOW, THEREFORE, be it ordained before the City Council of the City; presented at a duly advertised
public meeting; and passed by majority vote of the City Council; and properly executed by
the Mayor or designee, as Chief Presiding Officer for the City; that:
SECTION 1: RECITALS.
The foregoing "whereas" clauses are incorporated herein as legislative findings by this
reference and made a part hereof for all intents and purposes.
SECTION 2: AMENDMENT TO CHAPTER 78 DEVELOPMENT STANDARDS.
That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 78 Development
Standards, Article IV Stormwater Management, is hereby amended to read as follows:
Section 78-101. RequiFernents Stormwater Management.
W-11 MMI M ff. III IT 2 r. i I
If applicable, language to be added is underlined.
If applicable, language to be deleted is struck -through. Ordinance No. 1275, Page 1 of 14
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The City has adopted this stormwater management ordinance to help protect its resources
from adverse effects of unmanaged stormwater runoff.
Stormwater from a rain event, where runoff is the portion of stormwater that does not infiltrate
into the ground or evaporate and is not intercepted before reaching a Stormwater
Management System. Stormwater runoff from undeveloped lands usually does not require
management since it does not have an opportunity to accumulate manmade pollutants or
be in conflict with manmade improvements such as roads, buildings, etc. When land is
converted to higher intensity land use, stormwater can become a problem if it is not properly
managed. When areas are paved, and impervious surfaces are created it reduces infiltration
rates and increases the direct runoff to municipal stormwater conveyance systems (storm
sewers, swales, canals, etc.). In certain conditions, these increases in stormwater runoff can
exceed the capacity of the conveyances which leads to localized flooding. Increases in
pollutant loading to stormwater associated with development must also be managed. To
address these concerns, stormwater management practices are implemented with
development to mitigate increases in flood risk (water_ quantity) and increases in pollutant
loading (water quality).
Stormwater runoff contributes to pollutant loading to receiving waters. With the exception of
man-made compounds, pollutant loading is found in all stormwater runoff in concentrations
that are attributed to the land use. This includes undeveloped lands where nitrogen and
phosphorous are present from decaying vegetative materials, fecal coliforms from birds and
other animals, and even things like arsenic are naturally occurring. At their native
concentrations, these pollutants are a necessary component of the environment and
contribute to normal ecosystem function. Pollutant loading can become impactful to the
environment when loading levels are unmanaged and elevated above natural concentrations
over a prolonged period of time.
Some specific sources where pollutant loading of: stormwater can become a problem
originate from unmanaged municipal or vegetative waste, use of petroleum products
(commonly from automobiles) unmaintained wastewater treatment systems such as septic
tanks, over application of nutrient fertilizers and herbicides applied to lawns, and
atmospheric deposition among others. Excess nitrogen (N) and phosphorus (P) nutrient
loads are commonly attributed to residential and industrial land uses, commercial, mixed
urban, and roadways can generate higher concentrations of metal contamination. Heavy
metals are of particular concern because several are known to be toxic to native aquatic
plant and animal species. Motor vehicles and road surfaces are the common sources of
heavy metals in stormwater runoff. Nutrients and pesticides applied for lawn maintenance
and atmospheric deposition can cause algal blooms and similar environmentally harmful
occurrences if untreated runoff is allowed to enter surface waters.
During a rainfall event, stormwater runoff mixes with pollutants either physically or chemically
if they are water soluble and can carry them to surface waters. This is where unmanaged
stormwater not only causes adverse environmental impacts but also economic impacts. An
increase in the number of impervious surfaces raises the potential for flooding and property
damage. Polluted stormwater can also lead to reduced fisheries production because of the
degradation of water quality. For these reasons, stormwater management practices have
been implemented throughout Florida and the United States. This Section is designed as a
guide to best management practices (BMPs) for stormwater management in the City_
A stormwater management practice shapes and improves the quality and quantity of
stormwater runoff being discharged to receiving waters. BMPs for stormwater are those that
meet discharge quantity and quality criteria at a minimal cost.
This article will be used to review and approve Stormwater Management Systems permitted
by the City and will be modified as appropriate technology and regional stormwater rules
dictate.
Section 78-102. Exemptions Local review and approval of Stormwater Management
System.
The following developments are exempt from stormwater management req 'r mept&.
rvucc.
If applicable, language to be added is underlined.
If applicable, language to be deleted is struck through. Ordinance No. 1275, Page 2 of 14
A Stormwater Management Plan will be required as part of all building permit applications
that increase the impervious area of a site.
Reaardless of whether or not stormwater manaaement permits are reauired by the South
Florida Water Management District (SFWMD), and notwithstanding other exemptions cited
in Section 78-105, all applications for construction on or development of improvements made
to land are required to submit a Stormwater Pollution Prevention Plan for review and
approval by the City. This Plan is to be based on the standards and criteria of the SFWMD.
Sections. 78-103-78-200 Reserved.
Section 78-103. Specialized definitions.
The following definitions shall apply to Article IV and all Sections thereof and subsections
thereto.
Alter or alteration. Work done on a Stormwater Management System other than that
necessary to maintain the System's original design and function, including, but not limited
to, work that increases the impervious area of a system or changes its storage demand or
outfall characteristics.
BMPs. Schedules of activities, prohibitions of practices, general good housekeeping
methods, pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants directly or
indirectly to stormwater receiving waters or Stormwater Conveyance Systems. BMPs also
include treatment practices, operating procedures, and practices to control site runoff,
spillage, leaks, sludge, water disposal, or drainage from raw materials storage.
Construction Activity. Earth -disturbing activity, such as the clearing, grading, and excavation
of land, and other construction -related activities (e.q., stockpiling of fill material; placement
of raw materials at the site) that could lead to the generation of pollutants.
Detention. The collection and storaae of surface water for subseauent aradual discha
Hazardous Materials. Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to a substantial presence or potential
hazard to human, health, safety, property, or the environment, when improperly treated,
stored, transported, disposed of, or otherwise managed, including all such materials
identified in 40 C.F.R. 261.3.
Existing. For purposes of the stormwater management provisions of this Code, the average
condition immediately before development or redevelopment commences.
Illicit Connection.
(a) Any drain or conveyance, whether on the surface or subsurface, which allows an
unlawful discharge to enter the Stormwater System including, but not limited to, any
connections to the storm drain system from indoor drains and sinks; or
Any drain or conveyance connected from a commercial or industrial land use to the
storm drain system which has not been documented in Plans, Maps, or equivalent
records and approved by an authorized enforcement agency.
Illicit Discharge. A discharge to the Stormwater System within the City that is not composed
entirely of managed stormwater as exempted in Section 78-108 of this Ordinance.
If applicable, language to be added is underlined.
If applicable, language to be deleted is &#ud-through. Ordinance No. 1275, Page 3 of 14
Impervious Surface. A surface that has been compacted or covered with a layer of material
so that it is highly resistant to infiltration by water. li includes, but is not limited to, semi -
impervious surfaces such as compacted soil or clay. as well as most conventionally surfaced
streets, roofs, sidewalks, parking lots and other similar structures.
Maintenance. That action taken to restore or preserve the original design and function of
any Stormwater Management System without significant change.
MS4 or Municipal Separate Storm Sewer System. Publicly owned conveyance or system of
conveyance (i.e., ditches curbs catch basins and underground pipes) designed to discharge
stormwater to surface waters of the State.
NPDES Stormwater Discharge Permit. A permit issued by Environmental Protection Agency
(EPA) or by a State under authority delegated pursuant to 33 U.S. Code, National Pollutant
Discharge Elimination System, �1342(b) and its amendments, or its successor statutes, that
authorizes the discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area -wide basis.
Non-stormwater Discharge. Any discharge to the storm drain system that is not composed
entirely of stormwater.
Natural Systems. Systems which predominantly consist of or are used by those communities
of plants, animals, bacteria and other flora and fauna which occur indigenously on the land,
in the soil or in the water.
Pollutant. Anything which causes or contributes to pollution. Pollutants may include but are
not limited to paints, varnishes and solvents; oil and other automotive fluids; nonhazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects; ordinances, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal, coliform, and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind.
Premises. Any building lot parcel of land or portion of land whether improved or unimproved
includina adiacent sidewalks and Darkina strips.
Rate. Volume Der unit of time
Retention. The collection and storaae of runoff with discharae to the surficial aquifer and
without subsequent direct discharge to surface waters.
Sediment. The mineral or organic particulate material that is in suspension or has settled in
surface or ground waters.
Site. Generally, any tract, lot or parcel of land or combination of tracts, lots, or parcels of
land that are in one ownership, or in diverse ownership but contiguous, and which are to be
developed as a single unit, subdivision, or project.
Stormwater. The flow of water which results from, and that occurs immediately following,
rainfall.
Stormwater Management System. The System, or combination of systems, designed to treat
stormwater quality and collect, convey, channel, detain retain or divert the movement of
stormwater on, through, and from a site.
Stormwater Pollution Prevention Plan. A document which describes:
(a) The BMP's and activities to be implemented by a person or business to identify sources
of pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems and/or receiving waters to
the maximum extent practicable, and
The specific measures and sequencing to be used to control sediment and erosion on
a site during and after construction.
If applicable, language to be added is underlined.
If applicable, language to be deleted is struck- through. Ordinance No. 1275, Page 4 of 14
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Stormwater Runoff. That portion of the stormwater that flows from the land surface of a site
either naturally, in manmade ditches, or in a closed conduit system.
Surface Water. Water above the surface of the ground whether or not flowing through
definite channels, including the following:
(a) Any natural or artificial pond, lake, reservoir, or other area which contains water, and
which has a discernible shoreline; or
Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain,
waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite
direction and which has a definite flow route: or
L Any wetland.
Wetland. Land that is inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do or would support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. The term
includes but is not limited to, swamp hammocks, hardwood swamps, riverine cypress,
cypress ponds, bayheads and bogs, wet prairies, and freshwater marshes.
Section 78-104 - Relationship to other stormwater management requirements.
In addition to meeting the requirements of this Code, the design and performance of all
Stormwater Management Systems shall comply with applicable State regulations regarding
stormwater quality and or rules of the SFWMD as appropriate.
Section 78-105. Exemptions.
The following development activities are exempt from these stormwater management
requirements, except that steps to control erosion and sedimentation must be taken for all
development.
(a) The construction of a single-family or duplex residential dwelling unit and accessory
structures on a single parcel of land.
Any development within a subdivision if each of the following conditions have been met:
Stormwater management provisions for the subdivision were previously approved
by the City and remain valid as part of a final plat or development plan; and
The development is conducted in accordance with the stormwater management
provisions submitted with the final plat or development plan.
(c) Maintenance activity that does not adversely affect the quality, rate, volume, or location
of stormwater flows on the site or of stormwater runoff.
Section 78-106. Stormwater Management Plan Requirements.
(a) A Stormwater Management Plan is required to be submitted as part of the City building
permit application pursuant to Section 70-302 of the Code, its amendments, or its
successor statutes. The Plan will indicate how a project design will incorporate the
required stormwater management and treatment criteria. The elements that may be
required as part of a Stormwater Management flan are listed below.
Site Information:
M Detailed location map.
Description of existing vegetative cover including wetlands.
g Location and size of preservation or mitigation areas (if applicable).
Site Paving, Grading, and Drainage Plans.
Vegetation Protection Plan.
Soils map and percolation test results.
u Wet season water table elevation.
If applicable, language to be added is underlined.
If applicable, language to be deleted is Struck through. Ordinance No. 1275, Page 5 of 14
0 0
Recent aerial photograph including the year that the photograph was taken.
(9) Map of drainage basin boundaries including any off-site areas.
(10) of floodplain and elevations.
(c) Stormwater Management Plan:
Location of all existing and proposed on-site waterbodies including wetlands.
(2) Location of all off-site wetlands, water courses, and waterbodies affected by on-site
drainage patterns.
Location and detail of all major control structures and elevations. Preliminary
construction plans may be submitted for conceptual approval.
(4) Right-of-way and easement locations for Stormwater Management Systems
including all areas reserved for stormwater management purposes.
Location and size of on-site stormwater management facilities.
Square footages, acreages, and percentage of property proposed as:
a. Impervious surface (excluding waterbodies).
b. Impervious surface (waterbodies).
Pervious surface.
d. Total square footage or acreage of the project site.
(7) Proposed Grading, Paving and Drainage Plan.
n Treatment volumes and discharge rates (if applicable) for stormwater runoff.
Legal and Institutional Information:
L1 Entity responsible for operation and maintenance of surface water management
s sy tem.
If the operation and maintenance entity is to be a public body, a letter from the public
body confirming this must be submitted before staff approval. If the entity is a
homeowners association, documents verifying the existence of such organization
and its abilitv to accept operation and maintenance responsibility must be submitted
before staff approval
(e) Below is a checklist of the elements that City staff will use to determine which of the
elements a specific Plan should or should not require for each site. Some of these
elements are required for other parts of a City building permit, but also need to be
considered as part of the Stormwater Management Plan. In these instances, specific
criteria are the same as those already required by the City and are not discussed further
in this Article.
Stormwater Management Plan Checklist:
(1) Site Information.
a. Detailed location map.
b. Description of vegetative cover.
c. Location and size of preservation or mitigation areas.
d. Vegetation Protection Plan.
e. Soils map.
f. Percolation test results.
g_ Current wet season high water table.
If applicable, language to be added is underlined.
If applicable, language to be deleted is struck-t4rot*. Ordinance No. 1275, Page 6 of 14
h. Future wet season water table.
i. Measures to be taken to eliminate off-site adverse impacts, such as turbidity,
flooding, etc.
L Recent aerial photo (with year aerial was taken).
k. Map of drainage basin boundaries includinq off-site areas.
I. Map of floodplain and elevations.
u Master Stormwater Management Plan.
a. Location of all existing and proposed on-site waterbodies (including wetlands).
b. Location of all off-site wetlands and waterbodies to be affected by on-site
drainage patterns.
c. Location of all major control structures and elevations (preliminary construction
plan may be submitted for conceptual review).
d. Right-of-way and easement locations for Stormwater Management Systems
including all areas reserved for stormwater management purposes.
e. Location and size of on-site water management facilities.
f. Square footages, acreages, and percentage of property proposed as:
1. Impervious surface (excluding waterbodies).
2. Impervious surface (waterbodies).
3. Pervious surface.
4. Total square footage or acreage of project site.
g_ Proposed Grading Plan.
h. Existing Topography (spot elevations or contours as appropriate)
i. Treatment volume and discharge rate (if applicable) for Stormwater
Management System.
(3) Legal and Institutional Information.
a. Entity responsible for operation and maintenance of stormwater management
facility.*
*If the operation and maintenance entitv is to be a public bodv. a letter from the
public body confirming this must be submitted before staff approval. If the entity
is a homeowners' or property owners' association, documents verifying the
existence of such organization and its ability to accept operation and
maintenance responsibility must be submitted for review and approval.
�f Hydraulic Design Criteria.
Stormwater management facilities for development shall be desianed in accordance
with the following:
All projects shall control the volume of discharge from developed areas at
predevelopment volume of discharge for the design level of service storm event
adopted in the Code.
u All prosect sites shall control the timing of discharges to preclude any off-site impact
for any storm event.
u Peak discharge rate shall not exceed predevelopment discharge rate for the design
level -of -service storm event adopted in the Code.
If applicable, language to be added is underlined.
If applicable, language to be deleted is struck thfough. Ordinance No. 1275, Page 7 of 14
Lc. Water Quality Design Criteria.
Stormwater designs must demonstrate a net improvement in nutrient loads or a 95 percent
reduction in pollutant loads for the design level of service storm event adopted in the Code.
This can be demonstrated through methods that are accepted by the SFWMD.
Methods of Stormwater Treatment.
Stormwater treatment facilities shall be designed to treat stormwater runoff to a level
that meets the design criteria defined herein. The volume to be treated depends on the
type of stormwater management facility(ies) used and the land use of the property. A
detention facility collects and temporarily stores a treatment volume to provide for
treatment through physical, chemical. or biological processes with subsequent gradual
release of the stormwater to a surface water system. A retention facility is designed to
prevent the discharge of a given volume; however, it is slowly released from the facility
through infiltration and evapotranspiration. A retention or detention facility built at least
12 -inches above the groundwater table is "dry.' A facility with the bottom below the
control elevation is "wet." The wet season water table plays an important part in the
functioning of retention systems. To ensure that stormwater facilities continue to
function in the future, a stormwater design will need to include a determination of the
wet season water table.
(i) Wet Detention.
u Wet detention is the collection and temporary storage of stormwater runoff, before
controlled discharge into receiving waters, in a permanently wet impoundment to
provide treatment through physical, chemical, and biological processes with
subsequent gradual controlled release of the stormwater. A wet detention facility is
a basin or pond with a bottom elevation below the wet season water table or control
elevation.
Lel Method of Achievement.
Constructed ponds on the site are . generally used for wet detention. These ponds
must meet the following design criteria:
A wet detention facility is usually wet and allows for 1/2 -inch of the required detained
volume (1 -inch over the total basin area, or the total of 2.5 -inches times the percent
of impervious area less roof and wet pond areas, whichever is greater) to be
discharged through a control structure in no less than 24 -hours. Catch basins, pipes,
swales, or channels are used in areas with large amounts of impervious surface to
collect runoff and convey it to the detention facility. The required design criteria of a
wet detention facility are detailed below:
a. The pond must be at least 0.5 acre and at least 100 -feet wide for lakes
exceeding 200 -feet in length.
b. Irregularly shaped lakes may be narrower than 100 -feet in some portions but
should average 100 -feet in width.
c. Projects with single -owner entities or entities with a full-time maintenance staff
with obvious interests in maintaining the areas for water quality purposes may
have the area and width criteria waived.
d. The lake slopes should be at least 4:1 (horizontal to vertical) to a depth of 2 -feet
for safetv reasons and to allow a littoral habitat to form.
e. The control structure is at one point in the detention facility. Trash collection
screens are required on structures discharging to surface waters.
f. The control structure must be opposite from the runoff entry into the facility to
prevent hvdraulic short-circuitina and to ensure full treatment.
For non-residential projects, wet detention cannot be used as the sole form of
stormwater treatment. If wet detention is used, at least 2.5 -inches of dry retention
pre-treatment must be provided for the whole project area.
Guidance on sizing, designing, and permitting wet detention facilities or exfiltration
trenches can be found in the SFWMD Environmental Resource Permit Applicant's
Handbook.
If applicable, language to be added is underlined.
If applicable, language to be deleted is skask tkeugh. Ordinance No. 1275, Page 8 of 14
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Dry Retention.
M Dry retention is a stormwater system designed to prevent the discharge of a given
volume of stormwater runoff into surface waters by complete onsite storage of that
volume. A dry retention facility has a bottom elevation at least 1 -foot above the future
wet season water table and is usually dry. Stormwater is released only during times
of heavy rainfall or flooding.
u Method of Achievement.
Examples of dry retention facilities include infiltration systems (e.g., vegetated
swales and bioretention systems) and seepage systems (e.g., exfiltration trenches,
pervious pavement, and exfiltration vaults). Of these two, infiltration systems provide
better pollution attenuation. The vegetation takes up a percentage of the nutrients
commonly found in stormwater runoff. Most heavy metals bind with the soils above
the water table and the potential for them entering the groundwater is reduced.
Seepage systems consist of an underground facility that relies on a mostly outward
dispersion of stormwater from the facility to the groundwater. These structures are
constructed a minimum of 1 -foot above the future wet season water table. These
systems are most suitable for areas where the soil has high transmissivity. However,
they do not provide the nutrient uptake that is offered with vegetated infiltration
s sy tems.
Infiltration systems and seepage systems need a highly permeable substratum to
allow the stormwater runoff to percolate into the ground. Seepage systems do not
require as much land area as infiltration systems since they can be installed
underground. However, the future wet season water table at the project site must
be at least 1 -foot below the seepage structure.
(k) Dry Detention.
Dry detention systems are designed to store a defined quantity of runoff from a
completed development and slowly release the collected runoff through an outlet
structure to adjacent surface waters at downstream, pre -development flow rates.
Method of Achievement.
Examples of dry detention facilities include impoundments and excavated basins.
Treatment volume shall consist of on-line or off-line detention of the first 0.75 -inches
of runoff or 1.88 -inches times the percentage of imperviousness; whichever is
greater.
Systems shall recover 50 percent of treatment volume in 24 -hours.
Dry detention systems are limited to project areas less than 5 acres in size, and
which serve a drainage area less than 5 acres in size.
Control Structures.
u Definition. A control structure is a device through and/or over which water is
discharged from a Stormwater Management System. Direct discharge occurs when
stormwater is released through a control structure to the receiving waterbody• If the
discharge from the Stormwater Management System is by a means other than a
control structure (e.g., sheet flow or spreader swale), it is considered indirect
discharge.
Purpose. The primary purpose of a control structure in a detention facility is to
release the calculated runoff volume slowly over a specified period. In a retention
facility, the control structure allows for volumes exceeding the calculated retention
volume to leave the system in a manner that orovides adeauate downstream flood
protection,
(3) Types of Control Structures. Direct discharge from a water management facility to
the receiving body is usually achieved through control structures such as weirs and
orifices. The following criteria must be met for all methods of direct discharge:
a. Trash collecting gratings and oil skimmers must be installed on the intake of all
structures that discharge to surface waters.
If applicable, language to be added is underlined.
If applicable, language to be deleted is stFuGk through. Ordinance No. 1275, Page 9 of 14
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b. Detention facilities discharge must be above the permanent pool.
c. If a non -single-family residential property is greater than 50 percent impervious
or contains a system with inlets in paved areas, discharge structures must
include a baffle, skimmer, or other suitable mechanism for preventing oil and
grease from being discharged.
d. Direct discharge will only be allowed to those areas that due to their large
capacity or configuration are able to absorb concentrated discharges without
erosion.
When using indirect discharge to release stormwater, a spreader swale is commonly
used. The swale is positioned parallel to the receiving body, and the side ad'lacent
to the receiving body is lower than the side opposite the receiving body. The swale
allows the water to flow into the receiving body but not flood the adjoining property.
This method works well when trying to maintain a proper water level in wetlands that
are used for stormwater management. The spreader swale is also a treatment
facility for stormwater runoff. Runoff exceeding the first flush is allowed to enter the
wetland system via sheet flow.
Lml Criteria for Single-Family/Duplex Lots.
Lots Within Subdivisions With Approved Stormwater Management Plans. In all
subdivisions that have an approved Stormwater Management Plan, all new
development must comply with the approved Plan. A lot Grading Plan, complete
with topographic information that complies with this Section, must be submitted for
review before the issuance of the buildinc, permit. If the approved Stormwater
Management Plan does not contain sufficient lot grading information to verify that
the lot being permitted will drain in accordance with the Plan, the requirements of
Section 2 herein shall apply.
Lots Within Subdivisions Without Approved Stormwater Management Plans. Single-
family and duplex homes that are not part A a stormwater drainage system shall
provide a Stormwater Management Plan following the guidelines established herein.
The design criteria generally use vegetated swales. However, other retention
practices may be used. The retention volume specified in these design criteria will
provide adequate stormwater treatment on a single-family/duplex lot to meet the
City stormwater treatment requirements. However, calculations demonstrating a net
improvement in nutrient loads may be submitted as an alternative to using the
retention volume specified in these design criteria. The stormwater calculations
must be completed by a Florida registered and licensed professional engineer.
The retention volume depends on the lot size and the Stormwater Management
System used. Stormwater treatment can also be provided using other retention
systems such as pervious pavement, exfiltration trenches, or shallow stormwater
vault systems.
If swale(s) are used, they must meet the following criteria:
a. Runoff from the site must be drained to the swale.
b. The swale length must be greater than its width.
c. The swale side slope must be 4:1 (horizontal to vertical) or shallower.
d. The swale must be placed so that any atural areas to be preserved are not
disturbed.
e. The swale must be at least 6 -inches
f. Swales should be vegetated. If a swale is not vegetated, a 6 -inch layer of soil
amendment formulated to reduce nutrient loading must be installed directly
below the swale. Specifications and published nutrient reduction test results for
the soil amendment media must be provided at the time of testing.
If applicable, language to be added is underlined.
If applicable, language to be deleted is struck through. Ordinance No. 1275, Page 10 of 14
For retention systems, a control structure will allow runoff exceeding the volume
of the swale to be discharged to the receiving body. More than one retention
system may be on the property provided that each meets these criteria, and the
total volume of the retention is at least the calculated volume. Vegetated swales
may be incorporated into the set -back area of land required by the City.
Section 78-107. Dedication or Maintenance of Stormwater Management Systems.
(a) Dedication. If a Stormwater Management System approved under this Code will function
as an integral part of the City maintained regional system, as determined by the City,
the City shall have the option of requiring that the facilities be dedicated to the City. In
no event shall any Stormwater Management System, including lakes, canals, and
waterways, be granted, conveyed or dedicated to the City without the consent of the
City Council,
(b) Maintenance by an acceptable entity.
(1) All Stormwater Manaaement Svstems that are not dedicated to the Citv shall be
operated and maintained by one of the following entities:
a. An active water control district created pursuant to Florida Statutes (F.S.)
Chapter (Ch.) 298 or drainage district created by special act, or community
development district created pursuant to F.S. Ch. 190, or special assessment
district created pursuant to F.S. Ch. 170.
b. A State or Federal agency.
c. An officially franchised, licensed or approved communication, water, sewer,
electrical or other public utility.
d. The property owner or developer if:
1. Written proof is submitted in the appropriate form by either letter or
resolution, that a governmental entity or such other acceptable entity, as
set forth in paragraphs a through c above, will accept the operation and
maintenance of the stormwater management and discharge facility at a time
certain in the future.
2. A bond or other assurance of continued financial capacity to operate and
maintain the system is submitted.
e. For-profit or nonprofit corporations includina homeowners' associations
property owners' associations, condominium owners' associations or master
associations if:
1. The owner or developer submits documents constituting legal capacity and
a binding legal obligation between the entity and the City affirmatively taking
responsibility for the operation and maintenance of the stormwater
management facility.
2. The association has sufficient powers reflected in its oraanizational or
operational documents to:
i. Operate and maintain the Stormwater Management System as
permitted by the City.
ii. Establish rules and regulations.
iii. Assess members.
iv. Contract for services.
V. Exist perpetually, with the articles of incorporation providing that if the
association is dissolved, the Stormwater Management System will be
maintained by an acceptable entity as described above.
u If a prosect is to be constructed in phases, and subsequent phases will use the same
stormwater management facilities as the initial phase or phases, the
operation/maintenance entity shall have the ability to accept responsibility for the
operation and maintenance of the Stormwater Management Systems of future
phases of the prosect. In any event, the backbone Stormwater Management System
shall be constructed for the entire project.
If applicable, language to be added is underlined.
If applicable, language to be deleted is struck through. Ordinance No. 1275, Page 11 of 14
(3) In phased developments that have an integrated Stormwater Management System
but employ independent operation/maintenance entities for different phases, the
operation/maintenance entities, either separately or collectively, shall have the
responsibility and authority to operate and maintain the Stormwater Management
System for the entire project. That authority shall include cross easements for
stormwater management and the authority and ability of each entity to enter and
maintain all facilities, should any entity fail to maintain a portion of the Stormwater
Management System within the project.
(4) The applicant shall be an acceptable entity and shall be responsible for the
operation and maintenance of the Stormwater Management System from the time
begins until the Stormwater Management System is dedicated to and accepted by
another acceptable entity.
(c) Offsite stormwater conveyance systems. Where a private offsite stormwater
management or conveyance system is required to obtain a final development order
pursuant to the provisions of this Code, perpetual easements shall be obtained by the
developer. The easements required by this Subsection shall provide the City with the
right, but not the obligation to maintain the conveyance or Stormwater Management
System located thereon.
Section 78-108 - Prohibition of Illicit Discha
(a) No person shall directly or indirectly cause an illicit discharge to enter the stormwater
system. Categories of illicit discharges include, but are not limited to, the following:
M Petroleum products including, but not limited to, oil, gasoline, and grease.
(2) Solid waste or sanitary sewage.
(3) Chemicals including, but not limited to, fertilizers and pesticides.
Paints, solvents, or degreasers.
u Concrete slurry.
(6) Laundry wastes or soaps.
(7) Antifreeze and other automotive products.
(8) Soil.
(9) Leaves, branches, and other yard/landscaping waste.
10 Construction materials.
(111)Toxic or poisonous solids or liquids.
(12)Solids or suspended solids in such quantities or of such size capable of causing
interference or obstruction to the flow in the stormwater system.
Section 78-109. Prohibition of Illicit Connections.
The construction, use, maintenance, or continued existence of illicit connections to the
stormwater system is prohibited.
Section 78-110. Reporting of Illicit Discharges and Illicit Connections.
Upon discovery of an illicit discharge or an illicit connection, the person(s) responsible for
the illicit discharge or the illicit connection shall report his or her findings immediately to the
C
Section 78-111. Enforcement, Penalties, and Liability for Pollution Abatement.
(a� The provisions of this Ordinance shall be enforced as provided in Chapter 18 of the
Code, its amendments, or its successor provisions.
(b) No person shall oppose, obstruct, or resist any enforcement officer, designated City
staff, or any person authorized by the enforcement officer or designated City staff in the
discharge of his or her duties, as provided in this Ordinance.
If applicable, language to be added is underlined.
If applicable, language to be deleted is 6tFuGk through. Ordinance No. 1275, Page 12 of 14
(c) Any person responsible for an illicit connection, or an illicit discharge, to the stormwater
system, is subject to fine(s) and shall be responsible to pay both the necessary
expenses incurred in evaluating, treating, and disposing of pollutant materials and also
the reasonable cost of repairs. A lien may be placed against the land on which the
violation exists and upon any other real or personal property owned by the violator.
The remedies and penalties provided in this Ordinance are not exclusive, and the City
may seek whatever other remedies are authorized by F.S., at law, or in equity against
any person who violates the provisions of this Ordinance.
Section 78-112 — Erosion Control Standards.
(a) Clearing except that necessary to establish sediment control devices shall not begin
until all sediment control devices have been installed and have been stabilized. Clearing
techniques that retain natural vegetation and drainage patterns shall be implemented to
the satisfaction of the City Public Works Department or designee.
Grading erosion control practices, sediment control practices, and waterway crossings
shall be adequate to prevent transportation of sediment from the site and be maintained
to project completion to the satisfaction of the City Public Works Department or
designee.
(c) The angle for graded slopes and fills shall not be greater than the angle which can be
retained by vegetative cover or other adequate erosion control devices or structures
generally 4:1 or less. Slopes left exposed will within 10 working days of completion of
any phase of grading be planted or otherwise provided with ground cover devices or
structures sufficient to prevent erosion.
Groundcover sufficient to restrain erosion must be planted or otherwise provided within
10 working days on portions of cleared land upon which further construction activity is
not being undertaken within 30 calendar days of clearing.
(e) Vegetative cover or other erosion control devices or structures used to meet these
requirements shall be properly maintained during and after construction.
f�f Temporary seeding or sodding adequate covering or chemical application on exposed
soils including stockpiles of topsoil, sand, or other construction fill shall be used where
delays in construction of more than seven calendar days are anticipated.
Lqj The operator of anV construction project that disturbs one acre or more or is part of the
larger common plan of development, or sale which disturbs one acre or more is required
to obtain the proper Stormwater Permit from the Florida Department of Environmental
Protection and to comply with all the terms and conditions of the permit in addition to
any City requirements. The operator shall maintain a copy of the Permit on-site for
review by any authorized official upon request.
Waste generated onsite including but not limited to discarded building materials,
concrete truck wash out, chemicals, litter, and sanitary waste must be stored secured or
otherwise controlled to the maximum extent practicable to prevent adverse impacts to
water quality.
SECTION 3: CONFLICT.
All Sections or parts of Sections of the City Code of Ordinances in conflict herewith are
intended to be repealed to the extent of such conflict.
SECTION 4: INCLUSION IN THE CODE.
It is the intention of the City Council of the City, and it is hereby ordained that the provisions
of this Ordinance shall become and made a part of the City Code of Ordinances, that the
Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions;
and the word "Ordinance" may be changed to "Section" or other appropriate word.
SECTION 5: SEVERABILITY.
If applicable, language to be added is underlined.
If applicable, language to be deleted is stwsk-threugh. Ordinance No. 1275, Page 13 of 14
If any Section, subsection, clause, or provision of this Ordinance is declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by
such invalidity.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be effective immediately upon final
adoption on second reading.
INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of May 2024. Roll
Call Vote:
Yes No Abstained Absent
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of June 2024. Roll Call
Vote:
Yes No Abstained Absent
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
If applicable, language to be added is underlined.
If applicable, language to be deleted is &urk--through. Ordinance No. 1275, Page 14 of 14
CALL TO ORDER
• 0
CITY OF OKEECHOBE:E, FLORIDA
PLANNING BOARD MEETING
APRIL 18, 2024
SUMMARY OF BOARD ACTION
Chairperson Hoover called the regular meeting of the Planning Board for the City of
Okeechobee to order on Thursday, April 18, 2024, at 6:00 P.M. in the City Council
Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida,
followed by the Pledge of Allegiance.
II. ATTENDANCE
Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board
Members Phil Baughman, Carl Berlin, Jr., Karyne Brass, Mac Jonassaint, Jim Shaw, and
Alternate Board Member J. Dean Murray were present. Vice Chairperson Doug McCoy
and Alternate Board Member Jon Folbrecht were absent.
Ill. AGENDA
A. There were no items added, deferred, or withdrawn from the agenda.
B. Motion by Member Baughman, seconded by Member Jonassaint to approve the
agenda as presented. Motion Carried Unanimously.
C. There were no comment cards submitted for public participation.
IV. MINUTES
A. Motion by Member Brass, seconded by Member Baughman to dispense with the
reading and approve the March 21, 2024, Regular Meeting minutes. Motion Carried
Unanimously.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M.
A. Rereview Land Development Regulations (LDR) Text Amendment Application No.
23 -002 -TA, which proposes to amend Chapter 78, Land Development Standards,
Article IV, Stormwater Management, to reflect required changes adopted by the
State on stormwater management regulations.
1. City Attorney Stephen Conteaguero with Nason, Yeager, Gerson, Harris &
Fumero briefly reviewed the proposed ordinance stating this is to bring the
existing City LDR into conformance with the Florida Department of
Environmental Protection. This ordinance is to help protect the City's
resources from the harmful effects of unmanaged stormwater runoff. It also
addresses illicit discharges and post construction run off.
2. No public comments were offered.
3. No Ex -Parte disclosures were offered.
4. Motion by Member Jonassaint, seconded by Member Berlin to recommend
approval to the City Council for LDR. Text Amendment Application No. 23-
002 -TA, as presented in [Exhibit 11. The recommendation will be forwarded
to the City Council for consideration at Public Hearings, tentatively scheduled
for May 7, 2024, and June 4, 2024. Motion Carried Unanimously.
CHAIRPERSON HOOVER CLOSED THE PULIC (HEARING AT 6:13 P.M.
VI. CITY ADMINISTRATOR UPDATE
No updates provided at this time.
VII. ADJOURNMENT
Chairperson Hoover adjourned the meeting at 6:14 P.M.
,Submitted by:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect
to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which
record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole
purpose of backup for official records.
April 18, 2024, Planning Board Meeting Page 1 of 1
•
•
City of Okeechobee
Date: ) �� Petition No. a _( _T
Fee Paid: Jurisdiction:y��(I
General Services Department
55 S.E. 3rd Avenue, Room 101
1s' Hearing: -' �'- 2"d Hearing: �51 Sf nidi Ll
2 �—
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
-
Publication Dates: y 1 y`
!r`� 3�
Notices Mailed:
Fax: (863) 763-1686
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: ()I 0 I ` b Kferhb of
Mailing address: r SE-3r(I 6vo I�.X
2
I 3
E-mail address:
4
Daytime phone(s):
Do you own residential property within the City? (} Yes No
If yes, provide address(es)
5
Do you own nonresidential property within the City? (_} Yes (_) No
If yes, provide address(es)
6
REQUEST INFORMATION
Request is for: (_) Text change to an existing section of the LDRs
(_) Addition of a permitted use (_) Deletion of a permitted use
7
(_) Addition of a special exception use () Deletion of a special exception use
(_) Addition of an accessory use () Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in str-ikeeu and
additions in underline format. (This description may be provided on separate Sheets if neuess ry.)
5
Ne i� �' (� rG� f�i'�Cl.l�eZ ljo . 1 d j
8
LDR Amendment Application Page 1 of 3
Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to
be changed. (This description may be provided on separate sheets if necessary.)
9
I I REQUIRED ATTACI4MENTS
Non-refundable application fee of $500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature Printed Name Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3