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Ordinance No. 90-25-257ORDINANCE NO. 90-25-257 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS; SPECIFICALLY AMENDING SECTION 24-89, STORMWATER, DRAINAGE, STORAGE AND TREATMENT REQUIREMENT TO REDUCE THE REQUIREMENTS RELATED TO RESIDENTIAL STORMWATERS STORAGE, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach recognizes that said Chapter 24, Land Development Regulations, requires comprehensive revisions periodically to meet the community's needs to update content, standards, and administrative guidance; and WHEREAS, Commission desires to reduce the requirement related to the residential stormwater requirements; and WHEREAS, Section 163.3174(1), Florida Statutes, requires that the governing body of each local government in Florida shall designate and by ordinance establish a "local planning agency;" and WHEREAS, the City of Atlantic Beach Community Development Board has been duly designated as the Local Planning Agency of the City; and WHEREAS, Section 163.3174(4)(c), Florida Statutes, provides that the land planning agency shall review all proposed text amendments to land development regulations and make recommendations to the governing body as to the consistency of the proposed revisions with the adopted comprehensive plan; and WHEREAS, the Community Development Board acting in its capacity as Local Planning Agency, held a duly advertised public hearing on August 26f, to receive public comments on the proposed amendment to Chapter 24, Land Development Regulations and, voted to recommend the complete removal of Section 24-89(c)(1) from Chapter 24 of the Land Development Regulations; and WHEREAS, after due notice and publication, the City Commission held two (2) public hearings to receive public comments and receive the recommendation of the Community Development Board; and WHEREAS, the City Commission has found and determined that the proposed update and revisions to Chapter 24, Land Development Regulations will reduce the burden for residential development NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Ordinance No. 90-25-257 Page 1 of 3 SECTION 1. Regulation Amended. Section 24-89 of Chapter 24, Land Development Regulations of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby revised, as more fully set forth and described in Exhibit A, attached hereto and made part hereof, and hereby adopted to read as shows in said Exhibit A. SECTION 2. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Community Planning Act, as codified in the applicable portions of Chapter 163, Part II, Florida Statutes. SECTION 3. Findin s. The City Commission hereby finds and determines that: (a) The findings set forth in the recitals to this Ordinance are true and correct. (b) The Community Development Board, acting in its capacity as the Local Planning Agency for the City held a public hearing on August 26"', to consider the proposed amendment to Chapter 24, Land Development Regulations of the City's Code of Ordinances, and recommended the complete removal of the residential stormwater requirements. SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 5. Codification and Scrivener's Errors. The publisher of the City of Atlantic Beach's Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate the Land Development Regulations Update as Chapter 24 into the City's Code of Ordinances. Sections of the Land Development Regulations Update may be renumbered or re -lettered and scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical errors in Chapter 24 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 6. Applicability. The provisions of the Land Development Regulations amendment shall apply to all applications, decisions or controversies pending before the City of Atlantic Beach upon the effective date hereof or filed or initiated thereafter, provided that certain development, land use or construction, if qualified, may have vested rights to continue or be completed under the terms of the repealed ordinances or provisions therein. SECTION 7. Severability. If any section, sentence, clause, or other provision of this Ordinance, or any provision of the Land Development Regulations amendment shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections, sentences, clauses, or provisions of this Ordinance, or of the Land Development Regulations Update. Ordinance No. 90-25-257 Page 2 of 3 SECTION 8. Effective Date. This Ordinance shall take effect upon final review and approval. PASSED by the City Commission on first reading on September 22, 2025. PASSED by the City Commission on second and final reading this 134day of Odvloe✓' 2025. CITY OF ATLANTIC BEACH of ae Curtis Ford, Mayo Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: Jason G b ' ity Attorney Ordinance No. 90-25-257 Page 3 of 3 ExhibitA Sec. 24-89. Stormwater, drainage, storage and treatment requirements. (a) Except as required to meet coastal construction codes as set forth within a valid permit from the Florida Department of Environmental Protection; or as required to meet applicable flood zone or stormwater regulations as set forth herein, the elevation or topography of a development or redevelopment site shall not be altered. (b) Topography and grading. All lots and development sites shall be constructed and graded in such a manner so that the stormwater drains to the adjacent street, an existing natural element used to convey stormwater, or a city drainage structure after meeting onsite storage requirements, as set forth within this section. The city shall be provided with a pre -construction topographical survey prior to the issuance of a development permit and a post -construction topographical survey prior to the issuance of a certificate of occupancy. Elevations in all topographic surveys will be referenced to NAVD 1988. Said surveys shall be signed and sealed by a licensed Florida surveyor. All new developments and redevelopments shall provide assurance that adjacent or nearby properties not owned or controlled by the applicant will not be adversely affected by drainage or flooding. (c) Onsite storage. Except as provided for herein, an applicant shall be required to provide onsite storage of stormwater in accordance with this section as follows: (1) . . fffaee area enly. The four- hundred (400) square feet of impervious stfffaee area - Development that results in more than thirty-five percent 35% im ervious lot coverage shall be required to provide onsite stormwater storage for the entire impervious surface area. Proiects that result in less than four hundred 400 s uare feet of additional impervious surface shall be exempt from this requirement, Provided that the total lot coverage remains within the applicable zoning district. The four hundred (400) square feet shall be calculated cumulatively from the adoption date of this ordinance. (2) Any modification or replacement of driveway and sidewalk areas only on a developed lot shall not be required to provide onsite storage improvements provided the modification or replacement does not alter the footprint of the existing driveway or sidewalk area. (3) Applicants shall provide documentations and calculations to demonstrate compliance with submittal of applications for construction. (4) Projects permitted by the St. Johns River Water Management District (SJRWMD), which have an in -compliance existing retention or detention areas that collect and control stormwater are exempt for further onsite storage requirements; provided, however, a copy of the engineer's certification of as -built construction to the SJRWMD must be submitted to the city before building permits for individual lot construction may be issued. (5) When onsite storage is required, an as -built survey, signed and sealed by a licensed Florida surveyor, documenting proper construction and required volume of the storage system, must be submitted to and approved by the director of public works prior to permit closeout or issuance of a certificate of occupancy. For an under -ground system, a notarized letter from the general contractor, along with as -built plans and construction photographs will be sufficient to document proper construction. (6) In addition, a declaration of restrictive covenant, in recordable form and approved by the city, identifying and describing the required on-site storage improvements to be maintained, shall be executed and recorded in the public records of Duval County, Florida, by the owner of the Exhibit A development parcel and shall be binding on successors and assigns, prior to permit closeouts or issuance of a certificate of occupancy. (7) Volume calculations for any projects that require onsite storage shall be based on the following calculation: V = CAR/12, where V = volume of storage in cubic feet, A = total impervious area, R = 25 -year and 24-hour rainfall depth (9.3 inches) over the lot area, and C = runoff coefficient, which is the difference between impervious area (C=1.0) and undeveloped conditions (C=0.08). This volume must be stored at least one (1) foot above the wet season water table and below the overflow point to offsite (in many cases this may be the adjacent road elevation). As an option, and as approved by the director of public works, an applicant may implement, at the applicant's cost, offsite storage and necessary conveyance to control existing flood stages offsite, provided documentation showing appropriate authorization for the off-site use and meeting the requirements of this section is submitted and approved by the city. (d) Floodplain storage. There shall be no net loss of storage for areas in a special flood hazard area (100 -year floodplain), where a base flood elevation has been defined by the Federal Emergency Management Agency (FEMA) on flood insurance rate maps (FIRMS). Site grading shall create storage onsite to mitigate for filling of volume onsite. This storage is in addition to the storage required for the increase in impervious surface area. The applicant shall provide signed and sealed engineering plans and calculations documenting that this "no net loss" requirement is met. (e) Stormwater treatment. For all new development or redevelopment of existing properties, excluding single- and two-family uses, where construction meets limits for requiring building code upgrades, stormwater treatment shall be provided for a volume equivalent to either retention or detention with filtration, of the runoff from the first one (1) inch of rainfall; or as an option, for facilities with a drainage area of less than one hundred (100) acres, the first one-half ('/z) inch of runoff pursuant to Chapter 62-330, Florida Administrative Code (FAC). No discharge from any stormwater facility shall cause or contribute to a violation of water quality standards as provided in Section 62-302, FAC. This treatment volume can be included as part of the onsite storage requirement in subsection (b) of this section. (f) NPDES requirements. All construction activities shall be in conformance with the city's National Pollutant Discharge Elimination Systems (NPDES) permit, in addition to the requirements of the St. Johns River Water Management District and the Florida Department of Environmental Protection. NPDES requirements include use of best management practices (BMPs) prior to discharge into natural or artificial drainage systems. All construction projects of one (1) acre or more require a stand-alone NPDES permit. Site clearing, demolition and construction on any size site may not commence until site inspection and approval of the proper installation of a required best management practices erosion and sediment control plan is completed. (g) Enforcement. Subsequent to approval of a property owner's final grading, including onsite and/or floodplain storage and stormwater treatment and closeout of the applicable permit or issuance of certificates of occupancy, the improvements shall be maintained by the property owner. In order to ensure compliance with the provisions of this section and the requirements to maintain onsite stormwater improvements over time, the city is authorized to conduct inspections of property, upon reasonable notice and at reasonable times, for the purpose of inspecting said property and/or onsite storage improvements for compliance with this section and with any applicable conditions of Exhibit A previously issued permits. Failure to maintain the improvements will require restoration upon notification by the director of public works, within a stipulated time frame. If restoration is not timely completed, the city shall have the right to complete the restoration, and the city's actual cost incurred, together with a charge of one hundred (100) percent of said costs to cover the city's administrative expenses, shall be charged to the then owner of the property. (h) Variances to impervious surface area limits. Variances to impervious surface limits shall be subject to the provisions in section 24-65. Impervious surface requirements shall not be eligible for relief via waivers from the city commission. (Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)