§ 17-103. General findings.

It is hereby ascertained, determined, and declared that:

(1)

Pursuant to article VIII, section 1(f), Florida Constitution, and section 125.01, Florida Statutes, the county has all powers of local self-government that are not inconsistent with general law or special act.

(2)

The purpose of this article is to:

a.

Provide procedures and standards for the imposition of stormwater assessments under the constitutional and statutory home rule power of the county;

b.

Authorize a procedure for the funding of stormwater management services, facilities, or programs providing special benefit to assessed property within the stormwater service area; and

c.

Legislatively determine the special benefit provided to assessed property from the stormwater management program and the method of apportionment of stormwater costs among the assessed property.

(3)

The Florida Legislature has mandated that local governments in the state, including the county, have the responsibility for developing mutually compatible stormwater management programs consistent with the rules and regulations of the Florida Department of Environmental Protection and the water management districts and the stormwater management programs established and maintained by other local governments.

(4)

The United States Environmental Protection Agency has implemented a stormwater program, in accordance with the Clean Water Act, that relies upon National Pollutant Discharge Elimination System permitting to ensure that the operator of a small municipal separate storm sewer system develops, implements, and enforces a stormwater management program designed to reduce the discharge of pollutants.

(5)

The State of Florida, pursuant to the Clean Water Act, is implementing a program that requires local governments to identify waters that are not attaining applicable water quality standards and to calculate the total maximum daily loads ("TMDL") for specified pollutants.

(6)

The stormwater assessments imposed hereby are consistent with the authority granted in section 403.0893, Florida Statutes, which statutory provision is additional authority supplemental to the constitutional and statutory power of self-government granted to a non-charter county.

(Ord. No. 02-13, § 1.03, 5-21-2002)