§ 34-68. Purpose, intent, and findings.

(a)

The purpose of this article is to promote the health, safety and general welfare of the inhabitants of the City of Marathon by establishing a stormwater utility responsible for the financing, construction, operation and maintenance of stormwater facilities; for stormwater system planning; for coordinated review of development plans for compliance with stormwater regulations; and ensuring the protection and enhancement of the City's nearshore waters. Further, the City finds more specifically that:

(1)

The City is located in the middle of the Florida Keys archipelago, which contains environmental and natural resources of such Statewide importance the Florida Legislature declared it to be an area of critical state concern under Fla. Stat. ch. 380; and

(2)

As a result of its inclusion within the Florida Keys Area of Critical State Concern, the City is statutorily obligated to limit the adverse impacts of development on the quality of its nearshore waters and to protect and improve water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; and

(3)

The Federal and State government ordered the City to comply with National Pollutant Discharge Elimination System ("NPDES") requirements or face financial penalties, the suspension of Federal and State grant funding, and a possible building moratoria; and

(4)

Stormwater runoff is capable of carrying pollutants into the City's nearshore waters, thereby degrading water quality; and

(5)

The increase in nutrients, such as phosphorous and nitrogen, accelerates eutrophication of the City's nearshore waters, thereby adversely affecting flora and fauna; and

(6)

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

(7)

The alteration of natural topography and removal of vegetation tends to increase erosion; and

(8)

Siltation of the City's nearshore waters resulting from increased erosion interferes with navigation and harms flora and fauna; and

(9)

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

(10)

Improperly managed stormwater runoff from developed and undeveloped property may increase the incidents of flooding and the level of floods which occur thereby endangering property and human life; and

(11)

Improperly managed stormwater runoff from developed and undeveloped property may interfere with the maintenance of optimum salinity in estuarine areas thereby disrupting biological productivity; and

(12)

Substantial economic losses will result from such adverse impacts upon the City's nearshore waters ecosystem; and

(13)

Sound stormwater management practices result in the avoidance of future problems concerning the development of land and the maintenance of the quality of the City's nearshore waters; and

(14)

The City maintains a system of stormwater management facilities including, but not limited to, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, swales, infiltration facilities, and other components that need regular maintenance and improvements; and

(15)

All real property in the City benefits from this stormwater system.

(b)

This article is intended to comply with Federal and State law and regulations regarding water quality and has the following objectives:

(1)

To establish a stormwater utility and management program within the City responsible for the construction, operation, and maintenance of City stormwater devices and facilities; for stormwater system planning; for review of development plans for compliance with stormwater management regulations; and for nearshore water quality management; and

(2)

To adopt stormwater service assessments sufficient to plan, construct, operate, and maintain stormwater management facilities throughout the City; and

(3)

To protect, restore, and maintain the chemical, physical, and biological integrity of the City's nearshore waters; and

(4)

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

(5)

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

(6)

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

(7)

To minimize the transport of pollutants to the City's nearshore waters; and

(8)

To minimize erosion and sedimentation; and

(9)

To prevent damage to wetlands; and

(10)

To reduce damage from flooding, while recognizing that natural fluctuations in water levels are beneficial; and

(11)

To protect, restore, and maintain the City's nearshore habitat of flora and fauna; and

(12)

To ensure the attainment of these objectives by requiring the approval and implementation of a stormwater management program for all activities, which have an adverse impact upon the City's nearshore waters.

(Ord. No. 2014-20, § 2, 12-16-2014)