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Ord 02-01ORDINANCE NO. 2-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(I) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 18, 2000, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.17, "Erosion, Soil, and Dust Control", of the Land Development Regulations of the City of Delray Beach, is hereby amended to read as follows: Section 4.6.17 Prevention Plan) Erosion, Soil, a=d Dust, and Sediment Control (Pollution (A) Purpose: The purpose of this section is to provide standards and procedures, and to prescribe techniques and methods for the control of sc, i! site erosion resulting from land-disturbing activities. (B) Applicability: These regulations apply to any project which involves the disturbance of land in connection with land development. Such land-disturbing activities shall include, but not be limited to, land clearing, grading, filling, and excavation, construction of buildings, utilities, paving and drainage facilities, demolition, and any other land-disturbing process other than for agricultural purposes. ~ (C) Erosion Control Standards: The following s,~:,l site erosion control standards and procedures shall apply to all land-disturbing activities: (1) All se~! site erosion and sediment control methods to be employed during construction shall be $~e'.',~. c,r noted on the plans and included in a Pollution Prevention Plan submitted to the City for a building permit, right-of-way work permit, subdivision improvement, project involving clearing of property of shrub vegetation, and any other land-disturbing activity which requires a permit or approval by the City. A separate permit shall not be required for sc/.! site erosion and sediment control, but it shall be rx~q~nt-as-p~ a condition of approval of any permit or a~prc, va! received for building and construction. (a) Activities approved by the building permit shall be conducted in a manner which does not cause violations of state and federal water quality standards. The permittee shall implement Best Management Practices for erosion and pollution control to prevent violation of state water quality standards. Temporary. erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within seven (7) days of any construction activity. Turbidity barriers shall be installed and maintained at ali locations where the possibility of transferrim, suspended solids into the receivine waterbody exists due to the permitted work. Turbidit~ barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Silt screens, hay bales, or other such sediment control measures shall be utilized durinu construction. The selected sediment control measures shall be installed landward of the upland buffer zones around all 2 Ord. No. 2-01 protected wetlands. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and upper buffer zones. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, or latest edition, on file with the City of Deiray Beach's Chief Building Official. (2) The developer/owner shall be required to comply with the State Ambient Air Quality Standards, in accordance with Florida Administrative Code Chapter 17-2, Unconfined Emissions, which specifies standards for air quality. (D) Erosion and Sediment Control Methods: (1) In connection with any land-disturbing activity, provision shall be made to control sc'.'! site erosion. $~'~! Site erosion is considered to occur when ';.'/nd b!c,;;m material is carried beyond the site on which such land-disturbing activity is taking place, and is thus deemed to be a public nuisance with respect to the surrounding private properties and public areas. (2) During such land-disturbing activity, the developer/owner shall be required to control the sc,:.! site erosion by any means r-easmmbty necessary to contain the wln~ blc,:;m m"~efia! soil, dust~ and sediments within the project site These methods may include~ but are not limited tot the following: leaving a buffer strip of land around the perimeter of the site if the existing vegetation is sufficient to stop the -:.5nd b!c,-,;m site erosion, the construction of a silt fence around the entire site, covering loose fill material with fabric or other covering, and wetting down the loose material with moisture emulsions specific for that purpose. (3) Prior to and during construction of all sites, the permittee and/or responsible party, shall implement and maintain all erosion and sediment control measures (Best Management Practices) included in the Pollution Prevention Plan, required to retain sediment on-site and to prevent violations of state and federal water quality standards. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual~ or latest edition, on file with thc City of Delray Beach's Chief Building Official. (~ 9) After the conclusion of the land-disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or other approved material to the extent necessary to cover otherwise denuded areas, unless the City Engineer determines that the circumstances do not require such covering. Within 60 days after final grade is 3 Ord. No. 2-01 established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. (5) The permittee and/or responsible party, shall correct any erosion that causes adverse impacts to water resources. Sediment accumulation in the stormwater system from construction activities must be removed at the cost of the permittee to prevent a loss of storage volume. (6) Construction sites that discharge directly or indirectly to a Municipal Separate Storm Sewer System (MS4) must have a Pollution Prevention Plan on-site at all times. Section 2. That Chapter Six, "Infrastructure and Public Property", Article 6.1, "Design Standards and Requirements", Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach, is hereby amended by enacting a new subsection 6.1.9(J) to read as follows: Section 6.1.9 Drainage Systems: (J) The owner or responsible entity of any land development or redevelopment that discharges directly or indirectly to a Municipal Separate Storm Sewer System is required to provide for annual inspections, and operation and maintenance of its stormwater management system, to ensure that the system functions as designed and permitted. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 4 Ord. No. 2-01 on this the PASSED AND ADOPTED in regular session on second and final reading 16th dayof~001[~, ~ ATTEST: MAYOR First Reading Second Reading January 2, 2001 January 16, 2001 5 Ord. No. 2-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM I D. ~. - REGULAR MEETING OF JANUARYS, 2001 ORDINANCE NO. 2-01 (POLLUTION CONTROL STANDARDS) JANUARY 12, 2001 This is second reading and a public heating for Ordinance No. 2-01 which amends the Land Development Regulalaons with respect to erosion, soil, dust and sediment control. The amendment is being processed to comply xv~th the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) reqmrements whtch mandate that munic~palittes adopt pollutson control standards. Currently, sims of 5 acres or more must comply. In 2002, any site of one acre or more will be required to comply with these regulations. In summary the proposed changes include: · Removal of an exemption for constmctton activities involving single family homes; · Addition of requirements dealing with sediment controls, including installation of temporary erosion control measures prior to and during constmcuon. Permanent control measures will be required within 7 days of any completed constructton acfimty; and · Addition of a statement that private owners of storm drain systems that connect to the municipal system shall be responsible for annual inspection, operation and maintenance of their private stormwater management system. Additional background and an analysis of the request are found in the attached staff report. The Planning and Zoning Board considered the proposed amendments at a public hearing on December 18, 2000. There was no public testimony. After discussion, the Board voted 5 to 0 to recommend approval of the proposed text amendments based upon positive findings w~th respect to LDR Section 2.4.5(M). At first reading on January 2, 2001, the Commissxon passed the ordinance by unammous vote. Recommend approval of Ordinance No. 2-01 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. Ref'Agmemol40rd2-01.Pollution Control Standards PLANNING'AND ZONING~BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 18, 2000 AGENDA ITEM: I¥.C. - AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.17 AND 6.1.9 REGARDING EROSION, SOIL, DUST, AND SEDIMENT CONTROL. ITEM BEFORE THE BOARD ':. :.. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) Section 4.6.17 and 6.1.9 regarding Erosion, Soil, Dust, and Sediment Control, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS This amendment is being processed in order to comply with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements which mandate that municipalities adopt pollution control standards. Currently, sites of 5 acres or more must comply. In 2002, any site of 1 acre or more will be required to comply with these regulations. In summary the proposed changes include: · Removal of an exemption for construction activities involving single family homes; · Addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction. Permanent control measures will be required within 7 days of any completed construction activity; and, · Addition of a statement that private owners of storm drain systems that connect to the municipal system shall be responsible for annual inspection, operation and maintenance of their private stormwater management system. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed text amendment furthers the Goals, Objectives, and Policies of the Comprehensive Plan with respect to the following: Public Facilities Element Policy E-1.5: The City shall protect and enhance surface water quality through the full implementation of programs and activities included in the National Pollutant Discharge Elimination System (NPDES) permit. Conservation Element Obfective B-3: The City shall implement programs and techniques to protect property from erosion and deterioration created by the impacts of wind and flowing water. Conservation Element Policy B-3.1: The City shall continue to control erosion from wind and flowing water through the building permit review and inspection process and the soil erosion control ordinance. RECOMMENDED ACTION By motion, recommend approval of the attached amendments to the LDR Sections 4.6.17 and 6.1.9, based upon positive findings with LDR Section 2.4.5(M). Attachment: Proposed Amendment P&Z Board Staff Report LDR Amendment- Section 4.6.17 (Erosion, Soil and Dust Control) and Section 6.1.9 (Drainage Systems) Page 2 PROPOSED ORDINANCE Section 4.6.17 Erosion, Soil, =,".d Dust, and Sediment Control (Pollution Prevention Plan) (A) Purpose: The purpose of this Section is to provide standards and procedures, and to prescribe techniques and methods for the control of cc!! site erosion resulting from land-disturbing activities. (B) Applicability: These regulations apply to any project which involves the disturbance of land in connection with land development, such land-disturbing activities shall include, but not be limited to land clearing, grading, filling, and excavation, construction of buildings, utilities, paving and drainage facilities, demolition, and any other land-disturbing process other than for agricultural purposes. Hcwever, (C) Erosion and Sediment Control Standards: The following cc!! site erosion control standards and procedures shall apply to all land-disturbing activities: (1) All cc!! site erosion and sediment control methods to be employed during construction shall be chc':.,m cr noted on the plans and included in a Pollution Prevention Plan (PPP) submitted to the (;City for a building permit, right-of-way work permit, subdivision improvement, project involving clearing of property of shrub vegetation, and any other land-disturbing activity which requires a permit or approval by the ~__City. A separate permit shall not be required for ...o!! site erosion and sediment control but it shall be,,.,~.,,~.;"~'~ .~ .... r--,.'+ a condition of approval of any permit ~, .......... .,~. ..... ' received for building and construction. (a) Activities approved by the buildinq permit shall be conducted in a manner, which does not cause violations of state and federal water quality standards. The permittee shall implement Best Manaqement Practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and durinq construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferrin.q suspended solids into the receivinq waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and veqetation has been established. Silt screens, hay bales, or other such sediment control measures shall be utilized durinq construction. The selected sediment control measures shall be installed landward of the upland buffer zones around all protected wetlands. All areas shall be stabilized and veqetated immediately after construction to prevent erosion into the wetlands and upper buffer zones. All practices shall be in accordance with the .quidelines and specifications described in the Florida Stormwater, Erosion, and Sediment Control Inspector's Manual, or latest edition. (2) The developer/owner shall be required to comply with the State Ambient Air Quality Standards, in accordance with Florida Administrative Code Chapter 17-2, Unconfined Emissions, which specifies standards for air quality. (D) Erosion and Sediment Control Methods: (1) In connection with any ]and-disturbing activity, provision shall be made to control sc~! site erosion. Sc!! Site erosion is considered to occur when ':.'!,".d b!c':.'~ material is carried beyond the site on which such land-disturbing activity is taking place, and is thus deemed to be a public nuisance with respect to the surrounding private properties and public areas. P&Z Board Staff Report LDR Amendment- Section 4.6.17 (Erosion, Soil and Dust Control) and Section 6.1.9 (Drainage Systems) Page 3 (2) During such land-disturbing activity, the developer/owner shall be required to control the scll site erosion by any means ~ necessary to contain the ,;:!nd 5!cwn material soil, dust, and sediments within the project site. These methods may include, but are not limited to, the following: leaving a buffer stdp of land around the perimeter of the site if the existing vegetation is sufficient to stop the ::'!nd .!c';.'~ cc!! site. erosion, the construction of a sil._.[t fence around the entire site, covering loose fill material with fabric or other covering, and wetting down the loose material with moisture emulsions specific for that purpose. (3) Prior to and dudng construction of all sites, the permittee and/or responsible party shall implement and maintain all erosion and sediment control measures (Best Manaqement Practices) included in the PPP, required to retain sediment on-site and to prevent violations of state and federal water quality standards. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion, and Sedimentation Control Inspectors Manual, or latest edition, on. file with the City of Delray Beach's Chief Building Official. -- (3~_) After the conclusion of the land-disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or other approved matedal to the extent necessary to cover otherwise denuded areas, unless the City Engineer determines that the circumstances do not require such covering. Within 60 days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. (5) The permittee and/or responsible party shall correct any erosion that causes adverse impacts to water resources. Sediment accumulation in the stormwater system from construction activities must be removed at the cost of the permittee to prevent a loss of storaqe volume. (6) Construction sites that dischar,qe directly or indirectly to a Municipal ,Separate Storm Sewer System (MS4) must have a PPP on-site at all times, S~ection 6.1.9 Drainage Systems: --_,_ (J) The owner or responsible entity of any land development or redevelopment that discharqes directly or indirectly to a Municipal Separate Storm Sewer System is required to provide for annual inspections, and operation and maintenance of its stormwater manaqement system, to ensure that the system functions as desi.qned and permitted. TO: THRU: FROM: SUBJECT: CITYC{~MMISSiON DOCUMEnTATiOn:: ~'~? ~ ~' ',i '~ , ~," MEETING OF JANUARY 2, 2001 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.17 AND 6.1.9 REGARDING EROSION, SOIL, DUST, AND SEDIMENT CONTROL. This amendment is being processed in order to comply with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements which mandate that municipalities adopt pollution control standards. Currently, sites of 5 acres or more must comply. In 2002, any site of 1 acre or more will be required to comply with these regulations. In summary the proposed changes include: · Removal of an exemption for construction activities involving single family homes; · Addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction. Permanent control measures will be required within 7 days of any completed construction activity; and, Addition of a statement that private owners of storm drain systems that connect to the municipal system shall be responsible for annual inspection, operation and maintenance of their private stormwater management system. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. PLANNIN~~ AND, ZONiNG, ,,,, The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 18, 2000. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 5-0 (Morris and Stark absent) to recommend to the City Commission approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading a text amendment to Sections 4.6.17 and 6.1.9 of the Land Development Regulations relating to Erosion, Soil, Dust, and Sediment Control, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of January 16, 2001. Attachments: P&Z Staff Report of December 18, 2000 Ordinance by Others ORDINANCE NO. 2-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9($) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating held on December 18, 2000, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.17, "Erosion, Soil, and Dust Control", of the Land Development Regulations of the City of Delray Beach, is hereby amended to read as follows: Section 4.6.17 Prevention Plan) Erosion, Soil, av.~ Dust, and Sediment Control (Pollution (A) Purpose: The purpose of this section is to provide standards and procedures, and to prescribe techniques and methods for the control of ~',v,:.l site erosion resulting from land-disturbing activities. (B) Applicability: These regulations apply to any project which involves the disturbance of land in connection with land development. Such land-disturbing activities shall include, but not be limited to, land clearing, grading, filling, and excavation, construction of buildings, utilities, paving and drainage facilities, demolition, and any other land-disturbing process other than for agricultural purposes. (C) Erosion Control Standards: The following soil site erosion control standards and procedures shall apply to all land-disturbing activities: (1) All sci! site erosion and sediment control methods to be employed during construction...shall~ s~o;~m or noted on the plans and included in a Pollution Prevention Plan (P]l~l~ submitted to the City for a building permit, right-of-way work permit, subdivisiol( ' ~' improvement, project involving clearing of property of shrub vegetation, and any other land-disturbing activity which requires a permit or approval by the City. A separate permit shall not be required for soil site erosion and sediment control, but it shall be ~ a condition of approval of any permit .......... ~ received for building and construction. (a) Activities approved by the buildin~ oermit shall be conducted in a manner which does not cause violations of state and federal water quality standards. The permittee shall implement Best Management Practices for erosion and pollution control to prevent violation of state water quali .ty standards. Temporary. erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within seven (7) days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Silt screens, hay bales, or other such sediment control measures shall be utilized during construction. The selected sediment control measures shall be installed landward of the upland buffer zones around all protected wetlands. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and upper buffer zones. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual, or latest edition, on file with the City of Delray Beach's Chief Building Official. (2) The developer/owner shall be required to comply with the State Ambient Air Quality Standards, in accordance with Florida Administrative Code Chapter 17-2, Unconfined Emissions, which specifies standards for air quality. (D) Erosion and Sediment Control Methods: (1) In connection with any land-disturbing activity, provision shall be made to control so'~! site erosion. Soil Site erosion is considered to occur when v. Snd b!o-;,n material is carded beyond the site on which such land-disturbing activity is taking place, and is thus deemed to be a public nuisance with respect to the surrounding private properties and public areas. 2 Ord. No. 2-01 (2) During such land-disturbing activity, the developer/owner shall be required to control the so'~! site erosion by any means ~asomal~y necessary to contain the ,~;Sn~ b!ov, m matched soil, dust, and sediments within the project site These methods may include, but are not limited to, the following: leaving a buffer strip of land around the perimeter of the site if the existing vegetation is sufficient to stop the wind b!ovm site erosion, the construction of a silt fence around the entire site, covering loose fill material with fabric or other covering, and wetting down the loose material with moisture emulsions specific for that purpose. (3) Prior to and during construction of all sitesw,the permittee and/or responsible party, shall implement and maintain all eroded sediment control measures (Best Management Practices)included in tl~ PPP~ required to retain sediment on-site and to prevent violations of state and fe'd~qffwater quali .ty standards. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater~ Erosion and Sedimentation Control Inspectors Manual~ or latest edition, on file with the Cit~ of Delray Beach's Chief Building Official. (~ ~3) After the conclusion of the land-disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or other approved material to the extent necessary to cover otherwise denuded areas, unless the City Engineer determines that the circumstances do not require such covering. Within 60 days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. (5) The permittee and/or responsible party shall correct any erosion that causes adverse impacts to water resources. Sediment accumulation in the stormwater system from construction activities must be removed at the cost of the permittee to prevent a loss of storage volume. (6) Construction sites that discharge directl3r~r indirectly to a Municipal Separate Storm Sewer System (MS4) must hav~/a PPP o.0Lsite at all times. Section 2. That Chapter Six, "Infrastructure and Public Property", Article 6.1, "Design Standards and Requirements", Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach, is hereby amended by enacting a new subsection 6.1.9(J) to read as follows: Section 6.1.9 Drainage Systems: (J) The owner or responsible entity of any land development or redevelopment that discharges directly or indirectly to a Municipal Separate Storm 3 Ord. No. 2-01 Sewer System is required to provide for annual inspections, and operation and maintenance of its stormwater management system, to ensure that the system functions as designed and permitted. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. on this the PASSED AND ADOPTED in regular session on second and final reading day of ., 2001. MAYOR ATTEST: City Clerk First Reading Second Reading 4 Ord. No. 2-01 N.W. 1 ~t Avamm, Dalray Beam, ROd- N,W 1~ ~, ~ ~', Ml~~y ~ ~DI~ ~RA IN ~ ~R~DUM S~ ~ON G~ ~IR ~N- ~ ~1~ ~ ~E ~ ~ RES~I~ ~~E~R~D ~ ~ ~ ~ ~RRE~ ~~~DAT~ ~R A R~RENDUU TO ~ ~ON ~ 13, ~. ~D ~DING ~ ~U~O~ ~D~ ~ 4617, ~ ~ ~ C~OL ~ ~ ~D~ W~ D~E ~MI~ S~ ~I~,~ES~ 6.1 ~ ~ ~1~ ~R ~1~ ~U~ INS~IONS ~OR~A~R ~EME~ ~ ~ ~ ~ER OR ~1~ ~~D ~0~ OR ~D~LOP- ~ ~ DI~Y ~I~Y ~ A UUNICI~ ~ ~M ~R ~S~M, ~DI~ A ~ ~ A [CLASSIFIED