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 Delray Beach
 Code of Ordinances
 Title 5. PUBLIC WORKS
 Chapter 56. STORMWATER
 GENERAL PROVISIONS

  § 56.03. FINDINGS AND DETERMINATIONS.  

Latest version.

  • It is hereby found, determined and declared, as follows:

    (A)

    All terms not otherwise defined in this Section shall have the meaning ascribed to such terms in Section 56.04 of this Chapter.

    (B)

    As a means of complying with Federal and State-mandated goals and priorities relating to stormwater management, to facilitate the implementation of a stormwater drainage master plan as required by the City's comprehensive growth management plan, and to provide for the current and future needs of the City with respect to collection, control and disposal of storm and other surface water within the geographical boundaries of the City, the Commission hereby finds it to be in the best interests of the City to combine the City's existing system and all stormwater drainage facilities relating thereto presently owned and managed by the City, including but not limited to such storm sewers, drains, culverts, retention systems, detention basins, drainage wells, conduits and appurtenant features, catch basins, desilting facilities, recharging basins, outfall structures, equipment and all appurtenances, whether man-made or natural, necessary, useful or convenient for a unified stormwater management system.

    (C)

    Land use and development affecting storm and surface water should be managed, regulated and controlled under the unified management of a city-wide system for the purpose of, among other things, reducing or controlling erosion, sedimentation and turbidity, and other pollution of water, danger and damage to life and property, and to protect and encourage the use of natural and efficient man-made means to these ends.

    (D)

    The establishment and operation of the system will serve a vital public purpose and promote the common interests, and provide for the health, safety and welfare of the citizens of the City.

    (D)

    Those elements of the system which provide for the collection, storage, treatment and conveyance of stormwater, are of benefit and provide value to all properties within the City.

    (F)

    The cost of operating and maintaining the system and the financing and refinancing of existing and future necessary repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to each property's estimated contribution of stormwater runoff to the system and the benefit derived from the use of the system.

    (G)

    It is the intent of the Commission that the stormwater management assessment partially fund the Stormwater Management System Enterprise Fund (hereby created and established) for the City.

    (H)

    The benefited area, with respect to developed property, shall be assessed a charge on the basis of the prorated amount of the impervious area, developed from localized studies within the City performed by the City's consulting engineer.

    (I)

    It is recognized that unimproved land also contributes stormwater runoff to the system and receives a benefit from the use of the system, and therefore such lands should also be assessed a per acreage charge based upon the estimated contribution of stormwater runoff to the system and the benefit derived from the use of the system.

(Ord. No. 21-90, passed 7/10/90)