File #: Item # 2019-76    Version: 1 Name:
Type: Ordinance Status: Second Reading
File created: 3/13/2019 In control: Town Council
On agenda: 4/17/2019 Final action: 4/17/2019
Title: AN ORDINANCE OF THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING CHAPTER 36, "UTILITIES" OF THE TOWN CODE OF ORDINANCES TO PROVIDE FOR STORMWATER MANAGEMENT REGULATIONS AND A FACILITY INSPECTION PROGRAM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Attachments: 1. Manager Memo-2nd Reading-Adopting Stormwater Regulations, 2. Manager Memo-2nd Reading-Attachment A-Town Consultant Report, 3. Manager Memo-2nd Reading-Attachment B-Advertisement, 4. Ordinance-2nd Reading-Stormwater Managament Regulations, 5. Manager Memo-1st Reading-Adopting Stormwater Regulations, 6. Manager Memo-Attachment A-Town Consultant Report, 7. Ordinance-1st Reading-Stormwater Managament Regulations

 

 

 

M E M O R A N D U M

 

To:                                          Honorable Mayor and Town Council

 

From:                                          Rafael G. Casals, ICMA-CM, CFM, Town Manager

 

Date:                                          April 17, 2019

 

Re:                     An Ordinance Adopting the Town of Cutler Bay Stormwater Manual Management Regulations and Facility Inspection Program.

(Second Reading)

 

* Changes between 1st and 2nd reading are highlighted in yellow double

    strikethrough/ double underline

 

 

REQUEST

title

AN ORDINANCE OF THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AMENDING CHAPTER 36, “UTILITIES” OF THE TOWN CODE OF ORDINANCES TO PROVIDE FOR STORMWATER MANAGEMENT REGULATIONS AND A FACILITY INSPECTION PROGRAM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

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BACKGROUND AND ANALYSIS

 

The Town of Cutler Bay (the “Town”) is actively engaged in stormwater management, stormwater master planning, compliance with State and Federal requirements, and protection of its natural areas and receiving waters. Looking ahead to future development and re-development, the Town is working to manage its stormwater infrastructure, minimize flooding, and maintain or improve water quality. An important component to this goal is a commitment to Low Impact Development (LID) techniques and Green Infrastructure (GI) practices.

 

On January 16, 2019 the Town Council adopted (via Resolution No. 19-05) the Stormwater Manual (the “Manual”), a supplement of the Watershed Master Plan, that provides guidance and specifications for Best Management Practices (BMPs). Examples of BMPs suggested in the Manual include:  shallow bioretention, rain gardens, water quality swale, pervious pavement systems, exfiltration trenches, rainwater harvesting, and green roofs.

 

 

The purpose of this proposed Ordinance is to protect, maintain and enhance public health, safety, environment and general welfare by establishing minimum requirements and procedures to control adverse effects of post construction stormwater runoff, illicit discharges, flood damage and sediment and erosion control. Proper management of stormwater runoff will minimize damage to public and private property and infrastructure along with providing safeguard to the public health, safety and general welfare and to protect water and aquatic life.

 

The Town is an active participant in the Federal Emergency Management Agency’s (“FEMA”) National Flood Insurance Program’s (“NFIP”) Community Rating System (“CRS”) Program, which encourages communities to voluntarily implement standards, policies, and programs that go above and beyond the minimum NFIP regulations in return for lower flood insurance premiums. The participation and documented activities in FEMA’s CRS Program have earned the Town a classification rating of five (5), which results in an annual savings of twenty-five percent (25%) premium discount to all property owners who purchase flood insurance policies.

 

This proposed Ordinance in conjunction with the Stormwater Manual and Watershed Master Plan would aide in advancing the Town from a CRS classification rating of a five (5) to a CRS classification rating of a four (4), which will save Cutler Bay insurance policyholders an annual savings of a thirty percent (30%) premium discount.

 

 

RECOMMENDATION

 

It is recommended that the Town Council adopt the attached Ordinance creating a new Section 36-53 in Chapter 36, Article III “Utilities” of the Town Code, for the purpose of establishing minimum requirements and procedures to control adverse effects of post construction stormwater runoff, illicit discharges, flood damage, sediment, and stormwater control. The Stormwater Manual Management Regulations and Facility Inspection Program will protect, maintain and enhance public health, safety, environment and general welfare.

 

 

ATTACHMENT(S)

 

Ø                     Attachment “A” - Town Consultant Report (dated February 11, 2019)

Ø                     Attachment “B” - Advertisement Miami Herald (dated April 7, 2019)