§ 10-4.305. Regional/multi-site stormwater management facilities within the unincorporated area of the county; redevelopment fee option.

(a)

Use of regional/multi-site facilities. The county administrator or designee may allow or require stormwater runoff to be discharged into regional/multi-site stormwater management facilities on or off the site of development if all of the following conditions are met:

(1)

An adequate conveyance to the facility exists or is to be provided.

(2)

The facilities shall be constructed and maintained in accordance with the requirements of this division.

(3)

Adequate provision shall be made for acquisition, construction, operation, and maintenance costs of the facilities.

(4)

Written authorization from the owner and operator of the facilities to use the facilities, and all information related to the proposed use of the facilities, shall be provided by the applicant as part of the permit application.

(5)

Water quality discharge requirements are addressed by the regional/multi-site facility, or by some other approved treatment facility into which discharge shall enter, as approved by the county administrator or designee.

(b)

Redevelopment fee option. The county administrator or designee, with approval of the local government within whose boundaries a proposed redevelopment project is to occur, may allow or require payment of a fee for redevelopment activities in lieu of constructing a detention or retention facility, provided:

(1)

Water quality standards for the stormwater discharge from the site as required in subsection 10-4.301(1) are satisfied through provisions for actual treatment and not through any exemptions relating to modifications to existing systems or discharges which might otherwise be available under F.A.C. ch. 62-25; and

(2)

If the redevelopment discharge rate is to be in excess of pre-development discharge rate, then an adequate off-site conveyance must be available or must be provided by the applicant.

Redevelopment fees shall be determined by and paid to the local governing body within whose boundaries the redevelopment is to occur, and shall be used for establishment and development of regional stormwater management systems.

(c)

Public facilities. Whenever practical, necessary, and in the public interest, or as part of an approved master stormwater management system, the board may acquire land and construct stormwater management systems as alternatives to on-site facilities, and may charge fees for the acquisition, construction, maintenance, and use of these facilities on a prorata basis to users of the facility in amounts sufficient to cover all such costs.

(d)

Governmental coordination. When regional/multi-site detention or retention is required pursuant to this section, the local government having primary jurisdiction over the site shall ensure that:

(1)

Design of the facility and related systems is consistent with the provisions of this division.

(2)

Use of the facility is available to as many current and future development sites as practical.

(3)

An equitable cost-sharing arrangement has been developed by the applicant and is available for the acquisition, construction, and maintenance costs of the facility.

(e)

Stormwater retrofit provisions. All existing developed areas not in compliance with state and local water quality discharge requirements, including sites which might otherwise be in compliance as a result of exemptions in F.A.C. ch. 62-25, relating to existing systems, discharges, and pollution loads, shall participate in a duly adopted government-administered regional water quality retrofit program, the objective of which is to meet local, state, and federal stormwater quality and flood attenuation regulations, and which shall be subject to the following requirements:

(1)

Implementation of such participation shall be as specified by the county based on a basin-by-basin management plan approved by the Board of County Commissioners. Priorities for various basins and sub-basins shall be established by the Board of County Commissioners based on review of available technical information.

(2)

The county shall identify, acquire, and construct suitable regional water quality facilities capable of controlling and treating the stormwater volume, rate, and quality from all participating sites.

(3)

Participants in the retrofit program shall be charged a pro rata share of the cost to acquire, construct, and maintain such facilities. Credits or exemptions, as determined by the county administrator or designee, shall be given for existing stormwater management facilities which meet the objectives and standards of the program.

(Ord. No. 07-20, § 2, 7-10-07; Ord. No. 12-07, § 6, 5-8-12)

Editor's note

Section 6 of Ord. No. 12-07, adopted May 8, 2012, changed the title of § 10-4.305 from "Regional/multi-site stormwater management facilities; redevelopment fee option" to "Regional/multi-site stormwater management facilities within the unincorporated area of the county; redevelopment fee option."