HomeMy WebLinkAboutORD #202-5ORDINANCE NO. 2 0 ~Z -.~
AN ORDINANCE AMENDING SECTION VIIA OF ORDINANCE 202,
AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF
THE CITY OF SEBASTIAN, BY: 1) ADDING SECTION
20A-4.8 WHICH ESTABLISHES A "PUD(MH)" MOBILE HOME
PLANNED UNIT DEVELOPMENT DISTRICT; 2) ADDING SECTION
20A-4.13(C) WHICH PROVIDES SITE PLAN REVIEW STANDARDS;
3) ADDING SECTION 20A-4.13(D) WHICH ESTABLISHES
SURFACE WATER MANAGEMENT STANDARDS; 4) PROVIDING A
SEVERABILiTY CLAUSE; AND 5) PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Sebastian has adopted a Planned Unit Development (PUD)
Ordinance; and
WHEREAS, the City Council finds and determines that there is an immediate
need to adopt an ordinance which creates an opportunity for a Mobile Home
Planned Unit Development within a PUD District; and
WHEREAS, the City Council finds and determines that there is an immediate
need to adopt Site Plan Review Standards arid Surface Water Management Standards.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
SECTION I.
That Section VIIA of Ordinance 202 of the City of Sebastian, Florida, the
same bein9 the Zoning Ordinance, as amended, is hereby amended by adding Section
20A-4.8 to read as follows:
SECTION 20A-4.8: PUD(MH) MOBILE HOME PLANNED UNIT DEVELOPMENT
This section provides specific regulations for the development of mobile
home planned unit developments (PUD-MH) in areas designated for residential
development on the Comprehensive Plan Land Use Map.
A. Definitions.
1. Mobile Home. A single family dwelling manufactured upon
chassis or undercarirage as an integral part there of that may be
drawn by a self-propelled vehicle and designed for transportation
after fabrication on public highways on its own sheels or a flat
bed or other trailer to the site where it is to be occupied as a
dwelling. Upon arrival at the site, mobile homes are complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, location on jacks, or permanent
foundations, connections to utilities and other minor
adjustments. This definition does not include modular or
pre-fabricated homes.
2. Travel Trailer. A portable structure build on a chassis
designed as a temporary dwelling for travel and vacational use
and when not exceeding eight (8) feet in width, four thousand
five hundred (4,500) pounds in weight or whose length does not
exceed twenty-nine (29) feet and shall not be used as living
quarters except in a trailer park.
B. Permitted Uses and Structures. The following land uses and
structures are permitted in the PUD(nH) district subject to compliance
with the provisions of this code:
1. Single family detached mobile homes, as defined in Section
20A-4.8(A)(1).
2. Parks, playgrounds, community facilities, and non-commercial
recreational facilities such as golf courses, game rooms, tennis
courts, libraries, and similar uses.
3. Uses and structures which are customarily accessory and
clearly incidental and subordinate to the above uses and
structures, including approved storage facilities.
4. Structures and uses required for operation of a public
utility.
C. Conditional Uses and Structures. In this district as a
conditional use a bUilding or premises may be used for only the
following conditional uses upon compliance with applicable conditions
stated herein and upon compliance with all other applicable provisions
of this Code, including site plan review and performance criteria.
The Planning and Zoning Commission shall ascertain if such conditions
and provisions are satisfied. Appeal of such decisions by the
Planning and Zoning Commission shall be heard by the City Council.
1. Limited Commercial Areas. In addition to the use and
structures al~6~ed by"right, limited commercial development may
be allowed in a PUD(MH) district, subject to compliance with the
development standards set forth in Section 20A-4.5(B)(1).
2. Recreational Vehicle Areas. Recreational vehicle areas may
be allowe-~--Tn a PUD(MH) district as a conditional use subject to
compliance with the standards set forth below.
(a) Area Requirements. The maximum area allowed for the
establishment of a recreational vehicle area within a
PUD(MH) district is ten (10) acres or ten (10%) percent of
the total land area within the PUD(MH) district, whichever
is the lesser land area.
(b) ~ The maximum density permitted for
recreational vehicles shall be fifteen (15) units per gross
acre of land comprising the recreational vehicle area. The
minimum size site for each recreational vehicle space shall
be fifteen hundred (1500) square feet.
(c) Minimum Dimensions of Each Recreational Vehicle Site.
Minimum thirty (30) feet width and fifty ('50') feet depth.
(d) Minimum Yards for Each Recreational Vehicle Site.
Minimum ten (10) feet front yard and five (5) feet rear and
side yards.
(e) Required Open Area. Minimum fifty (50%) percent.
(f) Use Limitations. No permanent structures such as
carports, cabanas, screen rooms, or similar structures may
be erected or constructed at any recreational vehicle site,
and the removal of wheels or hitch and the placement of the
unit on a foundation or piers is prohibited.
Notwithstanding, pop-out units and similar equipment
integral to the recreational vehicle as manufactured shall
be permitted.
(g) Definitions. For the purpose of this section the
following definitions shall apply.
(i) Recreational Vehicle. A vehicular type unit
primarily designed as temporary living quarters for
recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by
another vehicle. The basic entities are: travel
trailer, camping trailer, truck camper, and motor home.
(ii) Recreational Vehicle Park. Land upon which two
or more recreational vehicle sites are located,
established, or maintained for occupancy by
recreational vehicles of the general public as
temlporary living quarters for recreation or vacation
purposes.
(iii) Recreational Vehicle Site. A plot of ground
within a recreation~'-~ehicle park intended for the
accommodation of either a recreational vehicle, tent,
or other individual camping unit on a temporary basis.
(h) Requ. ired Buffers. There shall be an open unobstructed
landscaped buffer strip not less than fifty (50) feet in
depth along all major streets abutting a recreational
vehicle park, and a landscaped buffer strip not less than
fifty (50) feet in depth along the other boundaries of the
recreational vehicle park.
(i) Recreation Area Requirement. A minimum of ten (10%)
percent of the gross site area for the recreational vehicle
park shall be set aside as usable recreational open space or
enclosed recreation facilities. The area shall be exclusive
of recreational vehicle sites, buffer strips, street
right-of-way, storage areas, or utilities sites. Fifty
(50%) percent of the required recreation area may be used to
fulfill this requirement.
(j) Permanent Occupancy Prohibited. No recreational
vehicle shall be used as a permanent place of abode,
dwelling, or business or for indefinite periods of time.
Continuous occupancy extending beyond three (3) months in
any twelve (12) month period shall be presumed to be
permanent occupancy.
Any action toward removal of wheels of a recreational
vehicle except for temporary purposes of repair or to attach
the trailer to the grounds for stabilizing purposes is
hereby prohibited.
(k) ~gquired Separation Between Trailers. Trailers shall
be separated from each other and other structures by at
least ten (10) feet. Any accessory structure such as
attached awnings, carports, or individual storage facilities
shall, for purposes of this separation requirement, be
considered to be part of the trailer.
(1) Stabilization of Site. Each recreational vehicle site
shall contain a stabilized vehicular parking pad of shell,
marl, paving, or other suitable material approved by the
City Engineer and City Council. No part of a travel trailer
or other unit placed on a recreational vehicle park site
shall be closer than five (5) feet to the site line.
(m) Parking Requirement. At least one and one-half parking
spaces shall be provide din the park per recreational
vehicle site. At least one (1) parking space shall be
provided at each such site.
(n) Accessors Uses. Management headquarters, recreational
facilities, toilets, dumping stations, showers,
coin-operated laundry facilities, and other uses and
structures customarily incidental to operation of a
recreational vehicle park and campground are permitted as
accessory uses to the park. In addition, stores,
restaurants, beauty parlors, barber shops, and other
convenience establishments shall be permitted pursuant to
provisions of Section 20A-4.8(C)(1) above providing the
following requirements are met:
(i) Such establishments shall be restricted in their
use to occupants of the park.
(ii) Such establishments shall present no visible
evidence from any street outside the park of their
commercial character which would attract customers
other than occupants of the park.
(iii) The structures housing such facilities shall not
be located closer than one hundred (100) feet to any
public street outside of the PUD.
Size and Dimension Requirements.
1. Minimum Area Requirements for a PUD(MH) District. The
minimum area allowed for the establishment of a PUD(MH) district
shall be ten (10) contiguous acres under unity of title.
2. Minimum Allowable Densits. Density of development within
any PUD(MH) district shall be regulated by requirements for
streets, common recreation areas, open space adjacent to units,
yard sizes, etc., however, the overall density of development
shall not exceed five (5) units per gross acre. In calculating
residential density within any PUD(MH) district, land area may
include up to a maximum of fifty percent (50%) of the acreage of
any water body existing on site as part of a PUD(MH) district.
Notwithstanding, water retention or detention ponds constructed
subsequent to site plan approval pursuant to water retention or
detention requirements, contained in an approved drainage plan
(see Section 20A-4.13(D)) may receive one hundred percent (100%)
credit in calculating residential densities. Limited commercial
activities will receive zero (0) credit; common open space areas
- one hundred percent (100%) credit; common recreational
facilities - one hundred percent (100%) credit.
3. Minimum Lot Size Requirements. 5,000 square feet.
4. Minimum Lot Width. 50 feet.
5. Minimum Lot Depth. 75 feet.
6. Maximum B~ildin~ Height. 15 feet or I story; however,
recreational assembly, clu-bhOuse, or other approved accessory
structures may be up to 25 feet, pursuant to approval by the
Planning and Zoning Board and City Council.
7. Minim~mL~ivin~ Area. 500 square feet.
8. Minimum Setbacks.
a. Front Yard: 20 feet.
b. Rear Yard: 20 feet.
c. Side Yard (between mobile home units): 10 feet.
d. Adjacent park perimeter boundary, recreation building,
utility site, service building or waterbody: 25 feet.
9. Maximum Building Coverage. 30 percent.
E. Construction Standards. All mobile homes shall be constructed in
compliance with specifications set forth by the National Fire
Protection Association (NFPA) under the Association's Code of
Specifications for Mobile Homes and Travel Trailers and applicable
State and Federal Regulations.
Each mobile home, trailer, or other portable living unit shall be
anchored in a manner prescribed by the City Engineer consistent with
the Federal Department of Housing and Urban Development standards.
The minimum first floor elevation shall be at least eighteen (18)
inches above the crown of the street.
All awnings, carports, principal patios and accessories to the
building or accessory buildings shall be constructed in compliance
with the Building Code of the City of Sebastian.
F. Open Space. Open space shall be comprised of permeable open
surfaces, unroofed or screen roofed ornamental landscaped areas and
recreational areas and facilities which are easily accessible and
regularly available to occupants of all dwelling units on the lot
wherein the open space is located. Rooftops, porches, raised decks,
parking areas, driveways, utility and service areas are not calculated
as open space. All PUD(MH) districts must meet the open space
requirements of Section 20A-4.13(C)(4).
G. Frontage and Accessibilit~ Every dwelling unit or other use
permitted in the PUD(MH) shall have access to a public street either
directly or via an approved private driveway, pedestrian way, court,
or other area dedicated to public use or common element guaranteeing
access.
H. Required Screening. Screening of various uses and structures
within the PUD~MH) district shall be required as provided in Section
20A-4.13(C)(1)(b) and Section 20A-4.13(C)(5).
SECTION II.
That Section VIIA of Ordinance 202 of the City of Sebastian, Florida,
the same being the Zoning Ordinance, is hereby amended by adding Section
20A-4.13(C) to read as follows:
C. Site Plan Review Standards.
1. Appearance of Site and Structures. The appearance of site
and structures shall be coordinated for the purpose of creating a
pleasing and harmonious overall environment. The choice of
building materials, plant materials, lighting and other building
and site improvements shall be commensurate with the objectives
of the subject use without generating adverse visual impact on
surrounding properties or transportation corridors.
Architectural style or design is not restricted. Evaluation of
the appearance of a project shall be based on the quality of its
overall design and relationship to the impacted area considering
the following factors:
a. Harmonious Overall DesiQp. The exterior of buildings
and structures including mass, facade and materials shall be
in harmony with the site and the general character of the
impacted area and shall not be gaudy or garish. Awnings or
ornamental features shall be designed in a manner harmonious
with the building design and shall be of appropriate scale,
shape, and pattern in order to reinforce good design
principles. Similarly, awnings or ornamental features shall
not use incompatible or extraordinary scale, shapes, color
schemes, patterns or other extraordinary features for
purposes of attracting attention. The appearance of build-
ings and structures shall be disapproved under Section
20A-4.13(C)(1) in extreme cases only and reasonable doubt
shall be resolved in favor of the applicant.
b. Location and Screening of Mechanical Equipment, Utilit~
Hardware and Waste Storage Areas. Mechanical equipment or
other utility hardware other than antennas and stacks on
roofs shall be harmonious with the building or they shall be
located and/or screened so as not to be visible from any
public ways within the impacted area, except within
Industrial District(s). Similarly, refuse and waste storage
areas shall be screened from adjacent properties and public
ways by appropriate fences, walls or hedges. In cases where
dumpsters must be located in areas highly visible from any
public right-of-way, the City Planning and Zoning Commission
shall be authorized to require appropriate vegetative or
structural screening to shield an unsightly condition.
c. Commercial and Industrial Activities Conducted in
Enclosed B~i~dings. AI~' businesses, services or
manufacturing or processing shall be conducted within
completely enclosed buildings. If the City Planning and
Zoning Commission determines that a demonstrated necessity
exists for outside storage or display due to the
impracticality and unreasonableness of enclosure of such
services, storage and display areas, in such case such
service, storage and display areas or yards shall be
screened by a continuous fence or wall or by landscaping and
berm system so as to provide a ninety (90) percent opaque
screen with a minimum height of five (5) to eight (8) feet,
unless the the same is demonstrated by the applicant to the
Planning and Zoning Commission's satisfaction to be
impractical and unreasonable.
d. Exterior Lighting. Exterior lighting shall be provided
and shall be so arranged as to shield or deflect the light
from adjoining properties and public streets.
2. Access, Internal Circulation, Off-Street Parking and Other
Traffic Impacts. The City Engineer shall advise on matters
"~iated to this subsection 20A-4.13(C)(2):
a. Internal Circulation System Design and Access/Egress
Considerations. Driveways, curb cuts, and areas for the
parking and '~'nternal circulation of vehicles shall be
located, designed and controlled so as to provide for safe
and convenient circulation within the site and safe and
convenient access from and onto adjoining streets. The City
Engineer shall review such design considerations based on
standard traffic engineering principles and practices and
such specifications as may be adopted by resolution of the
City Council. Requirements of Article XIII of this Chapter
shall be applied for off-street parking. Among factors to
be considered shall be need for acceleration and
deceleration lanes; the number, location and sign of curb
cuts and access drives from adjacent streets; the location
and design of driveways and access aisles to parking spaces,
the arrangement, delineation and marking for parked areas;
and the means of access to buildings for fire-fighting
apparatus and other emergency vehicles.
b. Separation of Vehicular and Pedestrian Areas. Parking
areas and driveways Shall be clearly identified and
separated from principal pedestrian routes and recreation
areas by curbs, pavement markings, planting areas, fences or
similar features designed to promote pedestrian safety.
3. Traffic Impacts. A traffic impact analysis shall be
required for zoning and site plan reviews pursuant to standards,
procedures and criteria defined herein. The traffic impact
analysis is designed to achieve objectives stipulated in the
transportation element of the Comprehensive Plan. The Planning
and Zoning Commission with the recommendation of the City
Engineer may waive this requirement based on a determination that
the proposed use will not generate any adverse off-site impacts
warranting corrective measures by the applicant.
a. Applicability. A transportation impact study shall be
required if:
(i) A proposed development generates more than one
thousand (1,000) trips per day. Such development shall
maintain a level of service C, daily condition and
level of service D for peak hour conditions on
collector and arterial street segments as noted below.
The trip generation shall be based on the Table of
Average Trip Generation Rates by Land Use Category on
page X-5A unless the applicant can demonstrate that
unique development characteristics will result in
substantially different rates.
b. Impact Study Areas. The transportation impact study
area shall include all arterial and collector streets within
one half (1/2) mile of the site entrance and/or shall
include the nearest arterial roads that will be impacted by
the development. For developments which generate between
five hundred (500) and one thousand (1,000) trips during the
peak hour or over one thousand (1,000) trips during the peak
hour, the study area shall be one (1) and three (3) miles
respectively. Estimates of peak hour trip generation shall
be determined by the applicant's Florida Registered Traffic
Engineer and shall be approved by the City Engineer. Peak
hour traffic impact shall be assessed, with and without the
development, for all collector and arterial road segments
and their respective intersections with other collector and
arterial roadways within the designated service area. If
additional traffic counts are warranted, they shall be the
applicant's responsibility.
c. Contents. The transportation impact analysis shall
contain the following:
(i) A detailed description of the collector and
arterial road network, including existing and proposed
roadway widths and right-of-way widths; existing and
proposed traffic signals and traffic control devices;
existing and proposed ingress and egress locations,
including existing or proposed acceleration or
deceleration lanes or turning lane improvements.
(ii) A detailed description of the existing and
proposed land uses within the impacted study area
including stages of construction and anticipated
completion dates.
(iii) A detailed description of the existing traffic
conditions, including the Average Annual Daily Traffic
(AADT) and the highest average peak hour volume for all
collector and arterial roads within the study area.
The AADT shall be based on a current twenty-four (24)
hour traffic count provided by the applicant. The
current twenty-four (24) hour traffic count shall be
adjusted to compensate for seasonal variations. This
adjustment shall be determined by utilizing Florida
Department of Transportion (DOT) or traffic counts
calculated quarterly at traffic count stations in the
City of Sebastian. The methodology and assumptions
underlying the annual adjustment shall be clearly
stated. The average peak hour traffic volume shall be
the highest average peak hour volume for any weekday
twenty-four (24) hour period.
(iv) A detailed Service Level C condition analysis of
all collector and arterial roadways and intersections
within the study area based on procedures outlined in
the 1965 Highway Capacity Manual (including the
Northwestern Monographs) and in the Transportation
Research Circular No. 212, "Interim Material on Highway
Capacity", Transportation Research Board, January,
1980.
(v) A description of all the existing collector and
arterial roadways and intersections that are at or
below the Service Level C condition (Service Levels C,
D, E, or F).
(vi) A detailed analysis of traffic impact of the
development, including trip generations (average
24-hour weekday and highest average weekday hour),
internal and external trips, trip absorptions and trip
distributions over all collector and arterial roads
within the study area. The trip generation shall be
based on the table contained in this subsection unless
a qualified traffic engineer demonstrates that unique
qualities of the development will result in different
rates. All methodology and assumptions must be clearly
stated.
(vii) A detailed cumulative transportation impact of
the existing traffic conditions including traffic from
the development, normal increases in traffic and
increases from allocation of road capacity to already
approved projects. This analysis must identify
projected AADT and peak hour volumes for all the
collector and arterial roads and must describe all the
roadways and intersections that will be at or below the
Service Level C daily condition or Service Level D peak
hour condition.
d. Traffic Stud~9.~d Traffic Data Inventory and File. The
City Engineer shall keep a file on all traffic studies
including the future capacity allocated for each project.
In determining the projected demand in subsection
20A-lO.2(D)(3)(g) above, the impact analysis shall include
trips already allocated in previous development approvals.
The City shall provide information when available and where
appropriate data already exists in order to prevent
duplication of efforts and unnecessary costs.
e. Improvements to Roadways and/or Traffic Control
Devices. Whenever improvements to intersections including
additional turning, acceleration or deceleration lanes;
modified land delineations; new or improved traffic control
devices or other such improvements are deemed necessary to
maintain the level of service C daily condition and/or level
of service D peak hour condition, the applicant for a
development building permit shall be required to fund and/or
install the necessary improvements or provide a legal
assurance such as a performance bond or other surety appro-
ved by the City Attorney, prior to the issuance of each
permit. Where said impact is limited as to the total
improvement, a pro-rata dollar share of improvement costs
equal to the amount of deficiency of each intersection or
roadway improvement attributable to the development shall be
contributed to the appropriate fund or the improvement made,
prior to receipt of a building permit.
4. Open Space and Landscape. Open space shall be comprised of
permeable open surfaces, excluding principal structures and
impermeable surfaces. No parking areas shall be included as open
area. Active recreation areas may be counted as open area.
a. Residential Open ,Space Requirement. All residential
development shall preserve a minimum of fifty (50) percent
of the upland area as open space. Uplands shall be defined
as those areas which are not permanent water bodies or
wetlands as defined in Section 20A-4.13(C)(6)(b).
b. Non-Residential Open
Non-residential development shall
twenty (20) percent open space.
Space Requirement.
provide a minimum of
c. Mixed Use Open Space Requirement. Where residential
and non-residential development is permitted pursuant to the
City of Sebastian Zoning Code, the following pro rata open
space requirement shall be enforced.
OS = NRA x .2 TA + RA x .5 TA
TA TA
OS =
NRA =
RA =
TA
Open Space
Non-Residential Acreage
Residential Acreage
Total Area
d. Use of Open Space. Open space and spaces between
buildings required by this Chapter shall be located and
improved so as to reasonably serve the purposes for which
the requirements are intended. These purposes include
provisions of adequate light and air, appropriate separation
between buildings and uses, enhancement of privacy,
sufficient area for recreation and leisure pursuits (in
residential areas) and to facilitate surface water drainage.
e. Preserve Natural Landscape. The natural landscape of
the site shall be preserved as much as possible for purposes
of enhancing the general appearance of the site as well as
to prevent excessive storm water run-off, erosion, siltation
and dust.
5. Required Screening of Abutting Residential and
Non-residential Uses. In order to maintain stability of
residential areas, non-residential development within or abutting
residential districts and multiple family development abutting
single family residential districts, shall provide a fence or a
wall or a combination of a berm and landscaping so as to provide
a continuous ninety (90) percent opaque solid screen not less
than five (5) feet in height to form a continuous screen along
such abutting property lines. In addition, one tree shall be
provided for each thirty-five (35) lineal feet or fraction
thereof of such landscape barrier. Credit may be given for
existing plant material against the requirements of this
paragraph. Adjustments may be rendered by the City Planning and
Zoning Commission to the requirements of this paragraph based on
demonstrated need by the applicant. The site plan applicant and
successors in ownership shall maintain the continuous screen in
perpetuity.
6. Flood Prone Land and Wetland Preservation. In order to
promote and preserve natural hydrological conditions and to
preserve water recharge areas, water supply and water quality,
and natural habitats, the following regulations shall be applied
to wetland areas.
a. Flood Prone Land. Construction in flood prone areas
shall comply with the City's flood plan management policies.
b. Wetland Defined. Wetland areas are generally defined
as non-forested, forested, and mixed forested saltwater
areas, and non-forested, and mixed forested freshwater
areas. Site specific investigations shall confirm the
existence of wetland systems based on on-site soil and
vegetative analysis with assistance of appropriate
representatives of the State Department of Environmental
Regulation, the St. Johns River Water Management District,
U.S. Army Corps of Engineers, and the U. S. Soil
Conservation Service.
c. Wetland Development Restrictions and Interpreta%ions.
No developmen~ ~C'~ivity shall be ~"~"'¥6wed in a wetland area
unless "competent evidence" indicates that:
(i) Dominant vegetation is no longer comprised of
wetland types normally found in the specified soil; and
(ii) The water regime has been permanently altered
artificially or naturally in a manner to preclude its
associated watershed areas from functioning as
wetlands.
Applicants for site plan review shall have an opportunity to
so demonstrate that any wetland designations within the
confines of their property no longer function as wetlands as
defined above. The urban forester, the soil conservationist
as well as representatives of the State Department of
Environmental Regulation, U.S. Army Corps of Engineers and
the St. Johns River Water Management District may be made a
part of the site plan review process to assist in
identifying and delineating wetlands. The applicant may
request that a waiver of the provisions of this section be
granted by the Planning and Zoning Commission for small
isolated marginal wetlands for which the developer shall
provide viable compensatory preserve areas which mitigate
against a loss of viable wetland systems. The Planning and
Zoning Commission shall consider the recommendation of the
City Engineer prior to taking action on such a request and
shall grant the same only in the case of an overriding
public interest. Finally, this section shall not prevent
the construction of one single family home on existing lots
of record.
7. Available Potable Water. All future applications for new
development shall be required to connect to a central water
system except as herein provided.
a. Exceptions for Limited Scale Development. When
connection to a central water system is not feasible,
applicants for limited scale development adaptive to service
by an interim water system, may be allowed if approved by
the County Director of Public Health subject to the
following conditions:
(i) Assurance in writing from a central water utility
that extension of lines to the development is part of
its master plan for expansion; and,
(ii) Agreement by the applicant that the system shall
be connected to the central utility system at no cost
to the City when service becomes available.
b. Intent of Regulating Procedure. The intent of this
permitting procedure is: 1) to maintain a comprehensive data
base concerning water supply and quality; 2) to discourage
unregulated proliferation of private water system;s and 3)
to achieve a subsystem design which can be effectively and
economically integrated into a central public system
certified and regulated by an approved local public service
entity at a later point in time and to encourage a compact
urban development pattern by managing the location, timing
and scale of land development to assure that new development
can be efficiently served by public facilities without
adversely impacting the City's fiscal capacity; and 4) to
discourage all new subdivision of land unless served by a
central water utility and to similarly discouarge
nonresidential development on existing lots of record when
such sites are not serviced by a central water utility.
c. Testing of Private Wells. In addition, the City may
undertake any necessary action to prevent or remedy water
supply and water quality problems. To this the City may
request analysis of water quality and supply of all
permitted private wells based on evolving problems and
issues associated with water resources. The private well
owner may be assessed by the City after due public hearings
for needed water quality, supply problems, requisite
testing, laboratory analysis, and improvements deeded
necessary and fiscally equitable.
8. Watewater Service. All applicants for development shall be
required to connect to a public wastewater utility regulated by
the Department of Environmental Regulation (DER) and/or the
County Public Health Department. Where a system for wastewater
is unavailable, the applicant shall provide an interim wastewater
system approved by the DER and/or the Public Health Department
and shall agree that the system will be connected to a public
wastewater utility at no cost to the City when service becomes
available.
a. Intent and Purpose Regulati~ Wastewater Disposal
Systems. The intent of this provision is: 1) to discourage
unregulated proliferation of private package treatment
plants; 2) to achieve a subsystem design which can be
effectively and economically integrated into a major central
public wastewater system at a future point in time which
would be certified and regulated by a local public entity;
and 3) to encourage a compact urban development pattern by
managing the location, timing, and scale of land development
to assure that new development can be efficiently served by
public facilities without adversely impacting the City's
fiscal capacity.
b. Design Standards. The system shall be designed to
satisfy performance standards of the Department of
Environmental Regulation (DER), other applicable regional,
state, or federal standards, or standards which may be
herafter adopted by the City.
c. Regulating Use of Septic Tanks and Wastewater Disposal
Fields. Notwithstanding any other provisions of this Plan,
when septic tank and waste disposal field is the only means
of individual sewage disposal, the following standards shall
apply to residential development:
(i) Each septic tank shall be located on a lot.
(ii) Each lot shall have a usable minimum area of
one-half (½) acre oper unit when the development is
serviced by a private well.
(iii) Each lot shall have a usable minimum area of
one-third (1/3) acre per unit when the development is
serviced by a central public water supply system.
(iv) For purposes of this section, the term "unit"
shall mean one single fmaily dwelling, one-half of a
duplex, one-third of a triplex and one-fourth of a
quadruplex.
d. Exceptions. The above Section 20A-4.13(C)(8) shall not
apply in the following instances to a lot of record created
pursuant to the subdivision regulations of the City of
Sebastian.
(i) Construction of a single family dwelling in
accordance with the other applicable provisions of this
Plan and the City Code of Ordinances.
(ii) Construction of a duplex when the lot of record
includes at least one-half (½) acre and will be
serviced by a central public water supply system and in
accordance with the other applicable provisions of this
Plan and the Code of Laws and Ordinances.
(iii) Section 20A-4.13(C)(8) shall not apply to
remodeling, rebuilding or reconstruction.
(iv) This section shall not be interpreted to deny the
use of individual sewage disposal systems other than
septic tanks when provided for in the Code of
Ordinances.
(v) Development shall not be approved pursuant to this
Section unless the Indian River County Health
Depratment has approved the septic tank or other
individual wastewater treatment system based on soil
conditions and all rules of the Florida Department of
Health and Rehabilitative Services are met.
(vi) When a major wastewater system is not within a
reasonable service distance from the serviced site as
determined by the City Engineer, non-residential uses
generating less than 2,000 gpd per establishment shall
be allowed to use septic tanks except when uses are
judged by the Health Department to consistute a high
expected failure level.
Soil Erosion and Sedimentation Control.
a. Applicability. In order to prevent both soil erosion
and sedimentation, a soil erosion and sedimentation control
plan shall be required as a part of an application for site
plan review whenever a development will involve any
clearing, grading, transporting, or other form of disturbing
land by the movement of earth, including the mining of
minerals, sand and gravel, provided that any one of the
following descriptions applies to said movement.
(i) Excavation, fill, or any combination thereof will
exceed five hundred (500) cubic yards.
(ii) Fill will exceed three (3) feet in vertical depth
at its deepest point as measured from the natural
ground surface.
(iii) Excavation will exceed four (4) feet in verticl
depth at its deepest point as measured from the natural
ground surface.
(iv) Excavation, fill or any combination thereof will
exceed an area of five thousand (5,000) square feet.
(v) Pland and/or tree cover is to be removed from an
area exceed five thousand (5,000) square feet on any
parcel of land.
(vi) Whenever any land located in a stream, stream
channel, or body of water is disturbed, a soil erosion
and sedimentation control plan shall be provided.
b. Definitions. For the purpose of this subsection
20A-4.13(C)(9) the following definitions are provided:
(i) Soil erosion shall mean any removal and/or loss of
soil by the action of water, gravity, or wind. Erosion
includes both the detachment and transport of soil
particles.
(ii) Sedimentation shall mena the settling out of the
soil particles which are transported by water or wind.
Sedimentation occurs when the velocity of water or wind
in which soil particles are suspended is slowed to a
sufficient degree and for a sufficient period of time
to allow the particles to settle out of suspension or
when the degree of slope is lessened to achieve the
same result.
(iii) Erodable slope shall mean all slopes with
inclines in excess of four (4) percent unless modified
by the City Engineer based on consideration of specific
soil conditions.
(iv) Large flat surface are (unpaved) shall mean an
area wh~E~ is flat or ~ose si6pe is 16SS than four (4)
percent and which consists of more than one thousand
(1,000) square feet of exposed soil.
c. Erosion Constrol Measures. All measures necessry to
minimize soil erosion and to control sedimentation in the
disturbed land area shall be implemented. The following
protection shall be provided for all distrubed areas:
minimize velocities of water runoff, maximize protection of
distrubed areas from stormwater runoff, and retain
sedimentation within the development site as early as
possible following disturbances. A list of major problem
areas for erosion and sedimentation control follows. For
each one, the prupose(s) of requiring control is described.
Soil erosion and sedimentation control measures for all such
areas shall be provided with a view toward achieving the
specific purpose listed below for which a control plan is
required.
(i) Erodable ~opes: Prevent detachment
transportation of SOil particles from slope.
and
(ii) Streams, streambeds, streambanks, bodies of
water, lake shorelines: Prevent
transportation of soil particles.
detachment and
(iii) Drainageways: Prevent detachment and
transportation of soil particles (which would otherwise
deposit in streams, bodies of water, or wetlands);
promote deposit or sediment loads (traversing these
areas) before these reach bodies of water.
(iv) Land ad~acent to streams, ponds, lakes, and
wetlands: Prevent detachment and transportation of
soil particles.
(v) Enclose~ drainage structure: Prevent
sedimentation in structure, erosion at outfall of
system, and deposit of sediment loads within system or
beyond it.
(vi) Large flat surface areas (unpaved): Prevent
detachment of soil particles and their off-site
transportation.
(vii) Impervious surfaces: Prevent the detachment and
transportation "'of soil (in response to an increase in
the rate and/or volume of runoff of the site or its
concentration caused by impervious surfaces).
(viii) Borrow and stockpile areas: Divert runoff from
face of slopes w~i~'h are expose-~-~ in the excavation
process; convey runoff in stabilized channels to stable
disposal points; leave borrow areas and stockpiles in
stable condition.
(ix) Adjacent properties: Prevent their erosion
and/or being deposited with sediment.
10. Additional Consideration. The Planning and Zoning
Commission or the City Council may require additional
information be provided by the petitioner for site plan
review in order to carry out a review process which is
necessary to fulfill the purpose, intent and spirit of this
Chapter.
SECTION III.
That Section VIIA of Ordinance 202 of the City of Sebastian, Florida,
the same being the Zoning Ordinance, as amended, is hereby amended by
adding Section 20A-4.13(D) to read as follows:
D. Surfac~_Water Management Standards.
1. Purpose. The purpose of this surface water management policy
is to protect the health, safety, and welfare of the citizens of
the City of Sebastian; to implement those policies and objectives
found in the drainage element of the City's Comprehensive Plan;
to ensure protection of land and improvements together with
natural resources through the use of responsible stormwater
management and flood protection practices; and to ensure replen-
ishment of the City's aquifer system and to provide a continuing
usable water supply.
2. Rules of Construction. These requirements are intended to
complement regulations of the Florida Department of Environmental
Regulation (DER) including but not limited to those found in the
Fla. Admin. Code, Chapter 17-25, "Regulation of Stormwater
Discharge," and the Stormwater Rules of the St. Johns River Water
Management District, all as adopted or as may be amended from
time to time. Approval of a stormwater management system under
these requirements shall not relieve any applicant of the
necessity to obtain required permits or approvals from other
state, regional, or local agencies, including specifically, but
not limited to, observance of DER permitting requirements for use
of the "landward extent of waters of the State," as defined in
the Fla. Admin. Code, Section 17-4.02(17). In the event of a
conflict between these regulations and State regulations, the
State regulations shall prevail unless these regulations are more
restrictive. In the latter event, the City policy shall prevail.
3. Definitions
Adverse Impacts - Any modifications, alterations or effects upon
a feature or characteristic of water or floodprone land, which
are, or potentially may be, harmful or injurious to human health,
welfare, safety or property, or which unreasonably interfere with
the enjoyment of life or property, including outdoor recreation.
The term includes secondary and cumulative as well as direct
impacts.
Alter or Alteration - Any work beyond maintenance of the original
conditi~ including additions to an existing system, changes of
any part of an existing system to capacities or locations differ-
ent from those originally constructed, and changes in the rate,
volume, or timing of discharges.
Coastal High Hazard Area - Means the area subject to high veloci-
ty waters caused by, but not limited to, hurricane wave wash.
The area is designated on the Federal Insurance Rating Maps
(FIRM) as zones VI through V30.
Detention (or to detain) - The collection and temporary storage
of stormwater in such a manner as to provide for treatment
through physical, chemical, or biological processes with subse-
quent gradual release of the stormwater to the receiving waters,
in which the capacity for the specified treatment volume of
stormwater is again provided within ninety-six (96) hours follow-
ing a storm event. On-line detention is temporary storage along
the axis of the drainage system, whereas "off-line" detention is
temporary storage at a location away from the system's direct
path.
Development Project - Any man made change or improvement to land
which increases the amount of impervious cover or results in the
change in elevation of any portion of the land or changes the
existing stormwater system and flood management system. A
development project shall include but shall not be limited to all
projects which require site plan or subdivision approval under
the City Code of Ordinances.
Discharge_ - The outflow of water from a project site, drainage
basin or other facility.
~~_ System (Art~.!cial) - Any canal, ditch, culvert, dike,
storm sewer or other man-made facility which tends to control the
surface flow of water.
Drainage S~st~m.. (Natural) - Surface streams or marshes which
convey water to natural points of drainage.
Elevation - Height in feet expressed in relation to mean sea
level and referenced to the National Geodetic Vertical Datum
(NGVD).
Filtration or to Filter - The selective removal of suspended
matter from stormwater by passing the water through suitable fine
textured granular media such as porous soil, sand and gravel or
other natural or artificial aggregate, which may be used in
conjunction with filter fabric or underdrain pipe or both.
Flood or Flooding - A general and temporary condition of partial
or com~l~ete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation of runoff of surface
waters from any source.
Flood Insurance Rate Map (FIRM) - An official map of a community,
on which the Federal Emergency Management Agency has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
Flood Insurance Study - The official report provided by the
Federal Emergency Management Agency. The report contains flood
profiles, as well as the flood boundary-floodway map and the
water surface elevation of the base flood.
Floodway.- The normal channel of a watercourse and the adjacent
land areas that must remain unobstructed to convey the regulatory
flood discharge without raising flood elevations above specified
levels as determined in Section 20A-10.2(H)(7)(s)(i through vi).
Floor - Any floor (including basement) usable for living purposes
which include working, sleeping, eating, cooking, or recreation,
or a combination thereof.
~ - A graph of discharge, or, for the purposes of these
regulations, volume of stormwater, verses time required for each
selected outfall point.
Impervious Surface - A surface which is highly resistant to
infiltration by water. It includes surfaces such as compacted
sand, limerock, or clay, as well as most conventionally surfaced
streets, roofs, sidewalks, parking lots and other similar struc-
tures.
Legal Positive Outfall - Is the availability of a permanent and
legally established water course or similar facility or means
which has the hydraulic capability of conveying the stormwater
discharge from a development project to receiving waters down-
stream. "Legally established water course" refers to a water
course which is established by either an express easement, plat
dedication, or other documentation, or implied easement or
servitude as may be demonstrated to exist in accordance with
Florida Law.
Lowest Floor - The top surface of the lowest area within the
inside perimeter of the exterior walls of a building. For
slab-on-grade type buildings or buildings with basements the top
surface of the slab or basement floor would constitute the lowest
floor. For footing, foundation walls, or pile type buildings
with crawl spaces under the building without basements, the top
surface of the finished flooring above the horizontal joist, beam
or other supporting member would constitute the lowest floor.
Maintain or Maintenance - To keep in an acceptable state of
performance and repair as determined by the City Engineer. The
City Engineer shall determine if the performance standards of the
respective water management plans are maintained. The type and
height of aquatic vegetation shall be secondary to the integrity
of the water management plan.
~rove Stand - An assemblage of one or more of the following
species: Black Mangrove (Avicennia nitida); Red Mangrove (Rhizo-
phora mangle); White Mangrove (Languncularia racemosa); and
Buttonwood (Conocarpus erecta).
Master Stormwater Management Plan or Master Plan - An engineering
~ written report, or engineering drawing outlining the
primary and secondary drainage and stormwater treatment facil-
ities needed for the proper development of a specific increment
of the incorporated area of the City of Sebastian.
National Geodetic Vertical Datum (NGVD) - As corrected in 1929 is
a vertical control used as a reference for establishing varying
elevations within the floodplain.
Regulatory Floo~ - The one hundred year flood. The one hundred
year flood is that flood which has a one percent probability of
being equalled or exceed in any given year, as indicated on the
official City of Sebastian flood hazard map.
Retention or To Retain - The prevention of, or to prevent the
discharge of a given volume of stormwater runoff into surface
waters of the State by complete on-site storage where the capaci-
ty to store the given volume of stormwater i.s again provided
within 96 hours following the storm event. The required storage
volume must be provided by a decrease of stored water caused by
percolation through soil, evaporation, evapotranspiration, or
spray irrigation. Retention shall be "off line" (i.e. outside of
the primary drainage path), unless it is demonstrated by the
applicant that water quality in the receiving waters will not be
adversely impacted by "on line" retention. Wet retention refers
to an area the lowest elevation of which penetrates the dry
season groundwater table. Dry retention refers to an area the
lowest elevation of which lies at least two (2') feet above the
wet season groundwater table.
Sediment - Fine particulate material which is capable of gravity
settlement, whether mineral or organic, and which is in suspen-
sion or has settled in a waterbody.
Stormwater and Flood Management System - A system of natural or
artificial waterbodies or watercourses which stores or conveys
water.
~stem - A dam, impoundment, reservoir, inlet, pipe, swale,
ditch, appurtenant work or works, or a combination thereof, that
is intended to provide drainage, water storage conveyance,
prevent or impair inundation, or other water management capabili-
ties in and for a discrete area or a work that traverses waters
in the City of Sebastian. A system may be designed and construc-
ted in phases.
Water - All water on or beneath the surface of the ground includ-
ing natural or artificial water courses, lakes, ponds, or diffus-
ed surface water and water standing, percolating or flowing
beneath the surface of the ground, as well as all coastal waters
within the City of Sebastian.
Waterbody - Any natural or artificial pond, lake, reservoir or
other area which ordinarily or intermittently contains water and
which has a discernible shoreline.
Watercourse - Any natural or artificial channel, ditch, canal,
stream, r~er, creek, waterway or wetland through which water
flows in a definite direction, either continuously or intermit-
tently, and which has a definite channel, bed, banks or other
discernible boundary.
Watershed - A drainage area or drainage basin contributing to the
flow of water directly or indirectly into receiving waters.
Wetland - That portion of the following categories of waters in
the City of Sebastian where one or a combination of the vegeta-
tive species listed in Section 17-4.02 (17), Florida Administra-
tive Code are dominant plant species:
(a) Rivers and natural tributaries thereto;
(b) Streams and natural tributaries thereto;
(c) Bays, bayous, sounds, estuaries and natural tributaries
thereto;
(d) Lakes, impoundments, and ponds, except those owned entirely
by one person.
(e) Atlantic Ocean.
4. ~.~o..~..i.b..ited Activity.
a. It shall be illegal and subject to the penalties provid-
ed herein for any person to construct, or arrange for,
authorize, or participate in the construction of a develop-
ment project within the incorporated area of the City of
Sebastian without first obtaining a valid permit to con-
struct either a stormwater management system (hereinafter
referred to as a Type A Permit) or a flood protection-
stormwater management system, when applicable, (hereinafter
referred to as Type B Permit) pursuant to this ordinance.
b. It shall be illegal and subject to the penalties provid-
ed herein for any person to construct any structure in such
a manner as to impede the functioning of a drainage system
that is: 1) publicly maintained or 2) located on private
property and is a part of a drainage system serving more
than one owner when such system is located in an easement
which exists for the benefit of other land owners. A
structure which meets the requirements of the City of
Sebastian Standard Specifications for the construction of
public facilities and physical improvements shall be pre-
sumed not to impede the functioning of the drainage system.
5. Exemptions. The following activities shall be exempt from
the surface water management permitting requirements herein
established:
a. The construction of an individual detached single family
residence or duplex residence together with accessory
structures, provided that said residences and accessory
structures are not located in Flood Hazard Zones as de-
termined in Section 20A-4.13(D)(7)(a through n). When
located in a Flood Hazard Zone, the applicant shall be
required to obtain a Flood Management Permit (Type C) which
shall issue upon the applicant demonstrating compliance with
Section 20A-4.13(D)(6)(s)(i-vi).
b. Bona fide agricultural uses except when an artificial
drainage system will be used to increase the flow of surface
water from the applicant's land to a City maintained drain-
age system, or when the particular agricultural use requires
site plan approval.
c. Maintenance work performed on existing mosquito control
canals or impoundment areas.
d. Any maintenance, alteration, renewal, repair, use or
improvement of an existing structure which does not change
or affect the rate or volume of stormwater runoff or the
construction of any structure or addition thereto which does
not create an impervious surface exceeding ten (10%) percent
of the site or 5,000 square feet, whichever is less.
e. Change of any part of an existing drainage system
without changing the flow characteristics of the artificial
water course.
f. All activities by a water management district, drainage
district, or water control district established under the
laws of the State of Florida and all activities undertaken
by the State of Florida, Indian River County, or the City of
Sebastian.
g. Any activity or development project which is demonstrat-
ed by the applicant to have vested rights.
h. These surface water management policies shall not be
construed to prevent the doing of any act otherwise lawful
and necessary to prevent material harm to or destruction of
real or personal property as a result of a present emergen-
cy, including but not limited to fire, infestation by pests,
or hazards resulting from violent storms or hurricanes or
when the property is in eminent peril and the necessity of
obtaining a permit is impractical and would cause undue
hardship in the protection of the property.
A report of any such emergency action shall be made to the
City Engineer by the owner or person in control of the
property upon which emergency action was taken as soon as
practicable, but not more than ten (10) days following such
action. Remedial action may be required by the City
Engineer subject to appeal to the City Council in the event
of dispute.
6. Surface Water Management Review Criteria for All Development
Projects. All development projects are required to obtain a
Type A Permit. No Type A Permit to construct a development
project shall be issued unless the following criteria are met:
a. The design of the on-site stormwater management system
shall be based at a minimum on a lO-year frequency 24-hour
duration storm event; however, the applicant shall also
provide data indicating the effects of a 25-year frequency
24-hour duration storm event on the development project as
proposed. The design of any off-site stormwater management
system improvements shall be based upon a 25-year frequency
24-hour duration storm event.
b. The hydrologic computations for the stormwater manage-
ment system shall be based on full hydrograph generation for
the development project and contributory area utilizing such
methods as published by the Soil Conservation Service(ses)
(U.S. Department of Agriculture, SCS "Natural Engineering
Handbook", Section 4, Hydrology: 1972 and "Urban Hydrology
for Small Watersheds", Technical Release No. 55: 1975). For
projects of less than 12.00 acres, the rational method of
runoff computation is satisfactory. The State Department of
Transportation (DOT) Zone 3 rainfall intensity-duration
curves provided in Appendix A, attached hereto, are hereby
incorporated as a part of this ordinance and shall be used
in making all required hydrologic computations.
c. Retention or detention with filtration of the first one
inch (1") of rainfall shall be provided on site. Stormwater
runoff generated by the development project over and above
that generated by the site prior to the proposed development
unless there is a legal positive outfall available which has
sufficient capacity to accept the additional runoff.
d. Retention or detention facilities shall be constructed
in such a manner as to maximize utilization of available
percolation capabilities on the site for recharge enhance-
ment and to minimize mosquito breeding by being shallow and
shall be easy to maintain.
e. Discharges from the development project shall be handled
to a point of legal positive outfall. Tailwater stages of
the receiving waters must be taken into account in design.
Enlargement of existing downstream facilities may be re-
quired.
f. The bottom of dry retention areas shall be sloped to
form a permeable drain. A detention area shall have an
outlet device, and shall not be lower than the elevation of
the off-site receiving channel or water body.
g. Where permitted, open drainage ways shall retain natural
design characteristics and be so designed and protected that
they do not present a hazard to life or property. The
design shall include measures to protect against scour and
erosion. Whenever possible, such waterways shall provide
for adequate flushing action by prevailing winds and cur-
rents to assure the prevention of stagnant water and debris
accumulation.
h. Disposition of Stormwater Runoff. The stormwater manage-
ment system for developments located predominately on
excessively drained soils should maximize stormwater infil-
tration. This shall be accomplished through the use of
bottomless inlets, perforated pipe, grading to retard
runoff, natural or artificial retention or detention basins,
or other methods, depending on the characteristics of the
land area. Specific guidelines are as follows:
(i) Areas and lots shall be developed to maximize the
amount of natural rainfall which is percolated into the
soil and to minimize direct overland runoff into
adjoining streets and water courses. Stormwater runoff
from roofs and other impervious surfaces should be
diverted into swales, or terraces on the lot.
(ii) Street drainage shall be by grassed swales or
curb and gutter in accordance with City specifications,
provided all curb and gutter systems shall discharge or
direct water into or across a grassed swale area or
other filtering medium. Whenever practical, as in-
dicated by soil characteristics, water table elevation,
and topography, the overflow from any swale used shall
be diverted to percolation areas, ponding areas or
natural or artificial seepage basins of sufficient
capacity to retain and provide for the maximum infil-
tration of stormwater runoff from each drainage area
for the design storm. Each percolation or retention
area shall include positive drainage facilities which
provide for drainage to public outfalls or a lake, or
water course, to handle the runoff from storms of
longer duration and severity. Except in those develop-
ment projects were temporary ponding is allowable
pursuant to Section 20A-4.13(D)(6)(1) each percolation
or retention area shall include positive drainage
facilities which provide for drainage to public out-
falls or a lake, or water course, to handle the runoff
from storms of longer duration and severity. The area
surrounding these retention or detention basins is
recommended to be used as public or private open space
and shall be grassed.
(iii) The Soil Survey of Indian River County published
by the U.S. Department of Agriculture, Soil
Conservation Service, shall
determine soil classifications
be the document to
i. Material Specifications for Culverts and Storm Sewers.
The following pipe materials are acceptable:
(i) Reinforced concrete pipe; bituminous coated,
corrugated steel pipe; aluminum pipe; aluminum pipe
arch; bituminous coated structural plate steel pipe;
and bituminous coated steel pipe arch. PVC pipe shall
be acceptable only for installations in a privately
maintained system and only if it is comprised of an
appropriate wall thickness for the intended use.
(ii) Workmanship and pipe materials shall conform to
Florida Department of Transportation (DOT) Standard
Specifications, latest edition.
(iii) Only concrete and aluminum pipes shall be used
under County right-of-way pavement and/or into salt
water outfalls. Concrete for reinforced concrete box
culverts shall conform to DOT's Standard Specifica-
tions, latest edition.
j. Inlets. Design and spacing of inlets shall be in
accordance with DOT's Standard Specifications or the City of
Sebastian Standard Specifications.
k. Drainage Structures. All cross drains and storm sewers
shall have headwalls, flared-end sections, or terminating
structures in accordance with City Standard Specifications
or DOT's Specifications. Endwalls, inlets, or other appro-
priate terminating and intermediate structures, and backflow
devices may be required where necessary.
1. Temporary ponding is allowable in areas specifically
designed with high percolation rates so that ponding does
not last more than eight (8) hours.
m. Materials used in drainage facilities which cross,
traverse, or encroach major roads as depicted on the City of
Sebastian Thoroughfare Plan shall be designed for a fifty
(50) year life.
n. All stormwater facilities shall be established in
dedicated water management tracts, easements, or specified
common areas. Condominium documents, deed restrictions, or
other legally binding instruments shall describe the lo-
cation of such areas, specifically define the mechanism for
preservation and maintenance of' any private drainage sys-
tems, and shall appoint an entity responsible for mainte-
nance and preservations. All water management tracts shall
include a maintenance berm, the top of which may be level or
have a slope not steeper than an eight (8) foot horizontal
to one (1) foot vertical slope. In addition such facili-
ties, as well as open channels and ponds, shall have an
easement for access to and around the perimeter for mainte-
nance. Retention or detention facilities shall be graded to
slopes not steeper than four (4) foot horizontal to one (1)
foot vertical above the designed high water elevation and
shall be graded to slopes not steeper than three (3) foot
horizontal to one (1) foot vertical below the designed high
water elevation. Dry retention slopes and wet retention
slopes above the designed low water elevation shall be
grassed or otherwise stabilized.
o. In watershed areas where the City has an adopted Master
Stormwater Management Plan, all proposed facilities shall be
in conformance with the adopted plan.
p. Stormwater systems connected to any local, regional, or
State drainage district system shall be designed with
consideration given to the capacity of the overall system
and shall be compatible with the objectives of each respec-
tive jurisdiction.
q. Rainfall runoff from roads, parking lots, roofs, and
other impervious surfaces shall be directed to areas where
percolation into the soil can be accomplished prior to
introduction into any off-site receiving facilities.
Pervious areas on line shall be covered with grass or
suitable ground cover which has effective filtering charac-
teristics.
r. The stormwater management system shall handle all
stormwater that flows into, through and from the project
without creating adverse impacts on other lands served by
the stormwater management system or by the receiving waters
relative to flooding, erosion hazards, or water quality and
quantity.
s. The applicant will demonstrate that the development
project is not in a flood hazard zone. flood hazard zones
are identified under the following procedure;
(i) A flood hazard zone shall encompass all lands
subject to inundation by the regulatory flood, includ-
ing lands in a critical flood zone or coastal high
hazard zone.
(ii) A critical flood zone shall encompass:
- Lands subject to inundation by a ten (10) year
flood, i.e., the flood that has a ten (10%)
percent probability of being equalled or exceeded
in any given year.
- Wetlands, watercourses and waterbodies.
- Floodways (see (iv) below).
- Isolated topographic depressions with a history
of flooding or a high potential for flooding.
(iii) A coastal high hazard zone shall encompass areas
subject to high velocity waters caused by, but not
limited to, hurricane wave wash.
(iv) A floodwa~ shall include the normal channel of a
watercourse and adjacent lands that must remain unob-
structed to convey the regulatory flood discharge
without causing flood elevations to rise along any
stretch of the watercourse above a specified permissi-
ble increase known as the floodway surcharge. The
floodway surcharge shall be established, considering
both existing and potential development, at a level
that avoids an increase in potential flood damage. The
floodway surcharge may be increased; however, if an
applicant wishes to construct some additional ob-
struction, flowage easements must first be obtained
from the owners of all land that would be affected by
increased levels. In no case, however, may a floodway
surcharge exceed one foot. The floodway shall normally
be calculated assuming equal encroachment on the flood-
plain from both sides of the watercourse, unless
legally enforceable deed restrictions, limiting devel-
opment rights, as recorded for the lands needed for the
floodway.
(v) "Flood hazard zones" "critical flood zones"
"coastal high hazard zones", and flood elevation data
may be identified through flood hazard studies and
delineated on the Official Flood Hazard Map. A copy of
the Official Flood Hazard Map and supporting data is
attached and incorporated by reference into this
ordinance (Appendix B). As new or better information
becomes available, this data will be amended to incor-
porate new maps and flood elevations or other data.
Current maps and supporting information may be inspect-
ed at the City of Sebastian City Hall.
7. Additional Stormwater Mana§ement Policy for Flood Hazard
Zones (Type B Permit Requirements. When a development project is
determined to be within a flood hazard zone according to the
procedure set forth in Section 20A-4.13(D)(6)(s)(i through vi), a
Type B Permit shall be required and the project shall be reviewed
under the criteria of Section 20A-4.13(D)(6) and must meet the
following additional criteria:
a. An equal volume of storage capacity must be created for
any volume of the regulatory flood that would be displaced
by fill or structures.
b. The velocity of the regulatory flood must not be ad-
versely altered on any watercourse.
c. All structures, including buried storage tanks, must be
anchored as necessary to resist flotation, lateral forces
and the impact of floating debris.
d. No development will be allowed that poses a significant
threat of releasing harmful quantities of pollutants to
surface waters or groundwaters during flooding.
e. The flood protection elevation shall be set for each
project at the elevation of the regulatory flood plus one
(1) foot. In "coastal high hazard zones", the flood pro-
tection Elevation shall be established with consideration
given to wind-drive wave action.
f. Residential buildings must have the lowest floor elevat-
ed to the flood protection elevation for that site.
g. Industrial, commercial or other non-residential build-
ings must have the lowest floor elevated to the flood
protection elevation or be flood-proofed as follows:
(i) A Florida registered Professional Engineer or
Architect must certify that the building has been
designed and constructed so that below the flood
protection elevation, the structure and attendant
utility facilities are watertight and capable of
resisting the effects of the regulatory flood. The
design must take into account: flood velocities, dura-
tion, rate of rise, hydrostatic and hydrodynamic
forces, the effect of buoyancy, and impacts from
debris.
(ii) Flood-proofing measures must be operable without
human intervention and without an outside source of
electricity.
h. Accessory buildings may be constructed below the flood
protection elevation provided there is a minimal potential
for significant damage by flooding.
i. Sewage treatment and potable water supply systems must
be designed and located to prevent inflow or contamination
of surface waters up to the flood protection elevation.
Electrical and communications utilities must be designed to
avoid flood damage up to the flood protection elevation.
j. Mobile homes must be anchored, tied down and blocked
in accordance with the standards of Section 15C-1.10,
Florida Administrative Code. Mobile homes must not be
installed in a floodway or "coastal high hazard zone".
k. If any lot in a residential subdivision lies within a
flood hazard zone, then the following additional standards
apply to approval of the plat:
(i) Each lot must include a site suitable for
constructing a residential building in conformity with
the standards of this ordinance.
(ii) One or more elevation benchmarks must be estab-
lished and indicated on the plat. Said elevations must
be referenced to the NGVD (1929) and shall be calculat-
ed to within 0.1 feet.
(iii) All prospective agreements for deed, purchase
agreements, leases, or other contracts for sale or
exchange of lots within the flood hazard zone and all
prospective instruments conveying title to lots within
the flood hazard zone must carry the following flood
hazard warning prominently displayed on the document:
FLOOD HAZARD WARNING
"This property may be subject to flooding. You should contact
local building and zoning officials and obtain the latest informa-
tion regarding flood elevations and restrictions on development
before making plans for the use of this property."
1. All roads shall be set at or above the ten year flood ele-
vation, but in no case shall a road be constructed at an elevation
below five (5) feet above sea level. All roads shall be designed
to maintain drainage flow beneath the road bed so that equalization
may occur.
m. If the development project is in a critical flood zone, it must
be demonstrated, in addition to compliance with Section 20A-IO.2-
(H)(n)(a through s), that:
(i) The elevation or velocity of the regulatory flood will
not be increased as a result of any obstruction or displace-
ment of flood waters.
(ii) There is no significant threat of releasing quantities
of pollutants which have the effect of degrading water quality
below standards established in Florida Administrative Code
Chapter 17-3, as amended from time to time, to surface or
groundwater during the regulatory flood.
(iii) The capacity of the critical flood zone to store and
convey surface waters or perform other significant water
management functions will not be impaired.
n. If the development project is in a coastal high hazard zone, it
must be demonstrated, in addition to compliance with Section
20A-lO.2(H)(7)(a through n), that:
(i) All buildings or structures shall be elevated so that the
lowest horizontal supporting member is located no lower than
the flood protection elevation, with all space below the
lowest horizontal supporting member open so as not to impede
the flow of water. Such space shall not be used for human
habitation nor enclosed in the future. Lattice work or
decorative screening may be constructed below the flood
protection elevation provided it is not part of the structural
support of the building and is designed so as to breakaway,
under abnormally high tides or wave action, without damage to
the structural integrity of the building. Solid walls will
not be allowed. Only wood or mesh screening may be used.
(ii) Pilings or columns used as structural supports are
designed and anchored to withstand all applied loads of the
regulatory flood including velocity flow and hurricane wave
wash. Fill must not be used as structural support. Compli-
ance with these provisions must be certified by a Florida
registered Professional Engineer.
(iii) Sand dunes or mangrove stands are not altered so as to
increase potential flood damage.
8. ~§uired Information for Typ~.A Surface Works Management Permit
~tion. A detailed ~escription and drawing (scale 1"=50' or
larger) of the proposed stormwater management system shall be submitted
to the City Engineer by a Florida registered engineer. The following
information shall be required:
a. Hydrologic data including design rainfall, project drainage
area, tributory offsite drainage area, existing and proposed
impervious area and soil characteristics including depth to season-
al high water table. Soil borings at four hundred (400') feet
spacing to a depth of six (6') feet shall be provided. Alternate
representative soil profiles may be used if approved in writing by
the City Engineer and if demonstrated to be from a reliable and
generally recognized source. A one (1) foot interval contour
topographic map of development area including offsite area of
sufficient size to indicate the general neighboring elevations.
The delineation of the latter area shall be satisfactory to the
City Engineer.
b. Hydrologic calculations for determining existing and proposed
stormwater runoff.
c. Hydraulic data including receiving water stages, stage-storage
and stage-discharge data for proposed retention and/or detention
facilities, and percolation test data as per the following proce-
dure:
(i) The test holes shall be located as close as possible to
the proposed location of exfiltration trench or other percola-
tion facility (vertical and horizontal) and, if critical, to a
depth two (2') feet below the water table (MSL) at the time of
the test.
(ii) A hold for each test of approximately twelve (12")
inches diameter (or as required for a maximum clearance of
one-half (1/2") inch between the hole and the test casing) is
excavated to the required depth and the casing is lowered into
the hole with a minimum of twelve (12") inches extending above
the surface of the grade.
(iii) The test casing shall consist of a pipe that is at
least eight (8") inches in diameter with perforations in
approximately the bottom seventy-five (75%) percent of the
length as measured from the surface. The bottom of the casing
shall be pointed. Exfiltration increments shall be measured
with a suitable gauging device.
(iv) Fill the test bore to six (6") inches above the surface
of the existing grade and run test no later than two (2) hours
after level has exfiltrated to below surface of existing
grade. In all cases test runs are to start only after the
first two (2") inches exfiltered.
(v) Run tests for at least thirty (30) minutes and record at
least the date, weather, project name, test run by, test
number, location on site, sketch of hold and casing, ground-
water conditions, incremental drop and time, and subsurface
soil information. Information shall be tabulated and attested
to by a registered professional engineer, licensed to practice
in the State of Florida. The City Engineer must be notified
at least twenty-four (24) hours in advance of the tests being
conducted and reserves the right to witness the test proce-
dure. Exfiltration rates for designing the site drainage
facilities shall be determined by the developer's engineer
from these tests. Alternate percolation or permeability tests
procedures may be used if approved in writing by the City
Engineer prior to their use.
d. Hydraulic calculations for sizing channels, culverts, inlets,
retention/detention ponds, pond discharge structures, and determin-
ing discharge rates and maximum water surface elevations.
e. Erosion and sedimentation control plans, during and after
construction.
f. Statement of all assumptions and reference sources used in the
conduct of the study.
g. A certificate from a professional engineer licensed in the
State of Florida that the soils are suitable and proper for the
uses and purposes of the proposed development; or submission of a
plan calling for the removal and replacement of unsatisfactory
soils. If the applicant submits a plan for removal and replacement
of soils, the applicant shall submit a certificate from a
professional engineer af~e~ the removal and replacement of soils
has been completed, stating the new soils are suitable and proper
for the uses and purposes of the proposed development. Such
certificate shall be furnished to the City Engineer prior to the
issuance of a certificate of completion.
h. Where percolation is proposed, at least one boring per basin
shall be submitted. Said borings shall be to a depth of twenty
(20) feet below the invert of the basin or to a depth sufficient to
locate the groundwater table or impervious soil layer.
i. A general description of the manner in which the stormwater
management system is to be maintained, indicating who or what
entity shall be responsible and by what method the responsibility
shall be created and documented.
j. A list of all agencies (State, Federal or local) having permit
jurisdiction for the project.
k. T~pe ~B Permit and Type C Permit - In addition to the informa-
tion required for Type A Permits in Section 20A-4.13(D)(8) (a
through k) an applicant for a Type B Permit shall submit to the
City Engineer the information described in Section 20A-4.13(D)(8)-
(k)(i through iv) below.
A single family dwelling or duplex located within a flood hazard
zone shall require a Type C Permit unless the base flood elevation
is unknown and the City Engineer grants a waiver thereto. Appli-
cants for a Type C Permit shall submit the information described
Section 20-4.13(D)(8)(k)(i through iv), together with that informa-
tion required in Section 20A-4.13(D)(8)(e) and (j).
(i) Elevation in relation to mean sea level of the proposed
lowest floor (including basement) of all structures.
(ii) Elevation in relation to mean sea level to which any
non-residential structure will be flood-proofed.
(iii) Provide a certificate from a Florida registered profes-
sional engineer or architect that the non-residential flood-
proofed structure meets the flood-proofing criteria in Section
20A-4.13(D)(7)(g)(i and ii).
(iv) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
9. Required Information to be Submitted by Type B Permit Applications
After Issuance of Permit. Applicants receiving Type B Permits shall
provide to the City Engineer a flood elevation for flood-proofing
certification after the lowest floor is completed, or in instances where
the structure is in a "coastal high hazard area", after placement of the
horizontal structural members of the lowest floor. Within twenty-one
(21) calendar days of establishment of the lowest floor elevation, or
flood-proofing by whatever construction means, or upon placement of the
horizontal structural members of' the lowest floor, whichever is applica-
ble, it shall be the duty.of the permit holder to submit to the City
Engineer, a certification of the elevation of the lowest floor, flood-
proofed elevation, or the elevation of the lowest portion of the hori-
zontal structural members of the lowest floor, whichever is applicable,
as built, in relation to mean sea level based on National Geodetic
Vertical Datum. Said certification shall be prepared by, or under the
direct supervision of, a Florida registered land surveyor or profession-
al engineer and shall be certified by same. When flood-proofing is
utilized for a particular building, said certification shall be prepared
by or under the direct supervision of a professional engineer or archi-
tect and certified by same. Any work done within the twenty-one (21)
calendar day period and prior to submission of the certification shall
be at the permit holder's risk. The City Engineer shall review the
flood elevation survey data submitted and shall respond promptly as to
any deficiencies noted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further work
being permitted to proceed. Failure to submit the survey, or failure to
make said corrections required hereby, shall be cause to issue a stop-
work order for the project.
10. Surface Wate~r~anagement Permit Application and Review Procedures.
a. Preliminary Permit Application. Any person who is in doubt as
to whether a proposed activity requires a permit under this section
may request a review by the City Engineer upon completion of a
preliminary application form supplied by the City Clerk. No fee
may be charged for the preliminary application pursuant to City
Council resolution. The preliminary application form shall be
filed by the owner/applicant and shall contain the following
elements: 1) A location map; and 2) A statement and sketch
expressing the intent and scope of the proposed project.
The completed preliminary application shall be submitted to the
City Engineer for review. Within ten (10) working days after
submission of the complete preliminary application, the City
Engineer will notify the applicant that either the project is
approved, is exempt, or a formal permit application must be filed
for the project.
b. Review Procedures for T~e A or B Permit ~pplications. If a
Type A or Type B Permit is r~'~'~ired for the p~oj'ect, the applicant
shall furnish all required stormwater management information,
together with flood protection information, if applicable, to the
City Engineer on forms furnished by the City Clerk. The require-
ments of the surface water management policies shall be adminis-
tered during review of the preliminary development plan pursuant to
Sec. 20A-4.10(D)(3) If the applicant is subdividing, then
administrative provisions for administrating subdivision review
shall apply.
c. Review Procedures for Tspe C Permit Applications. If a Type C
Permit is required for the project, the applicant ~hall furnish all
necessary flood protection information to the City Engineer on
forms furnished by the.~City Clerk. The application shall be
reviewed by the City. Engineer within ten (10) working days of
receipt of the application. The City Engineer's recommendation
shall be submitted to the Planning and Zoning Commission for
approval. The decision of the Planning and Zoning Commission may
be appealed to the City Council pursuant to procedures cited in
Section 20A-4.10. In reviewing such permit application, the
Planning and Zoning Commission, and the City Council in appeal
cases, shall consider the recommendations of the City Engineer as
well as criteria cited herein and the applicant's plan and support-
ive data. No development shall be approved if such development
will result in an increase in the elevation of the regulatory
flood, additional threats to public safety, extraordinary public
expense, nuisance impacts, or violation of the public interest, or
local ordinance. A fee schedule may be established by resolution
of the City Council.
11. Administrative Duties.
a. Stormwater Management: Duties of the City Engineer:
The City Engineer shall perform the following specific duties:
(i) Render Professional Determinations. Make all profession-
al engineering determinations required with respect to analy-
sis of any given application.
(ii) Provide Recommendation on AnN Modifications. Recommend
appropriate courses of action regarding any requested changes
or amendments to an approved stormwater management plan.
(iii) Provide Necessary Information. Provide courtesy notice
as to the general description and location of newly construct-
ed wet or dry retention facilities to special districts or
political entities as may be appropriate.
(iv) Certificates of Completion. After the completion of a
projec{~ reqdire aS'bui~"{'plans from the owner or applicant
and a Certificate of Completion from the Engineer of Record.
(v) Maintenance Recommendations. Any surface water manage-
ment improvements required by this ordinance shall be main-
tained by the owner, successor owners, or an entity designated
by the owner, except that the City Engineer may recommend that
the City Council accept certain drainage facilities or systems
for City maintenance. The selection of critical areas or
structures to be maintained by the City shall be recommended
to the City Council by the City Engineer. All areas or
structures to be maintained by the City must be dedicated to
the City by plat or separate instrument and expressly accepted
by the City Council. For any system which is to be maintained
by the applicant or entity succeeding in ownership other than
the City, easements shall be established which permit the City
to inspect and if necessary, as determined by the City, to
take corrective act~6n should the entity fail to properly
maintain the system. Such easements shall also establish a
right of entry as may be necessary for special purposes as
directed by State laws or as may be duly determined by the
City. Should the applicant or entity succeeding in ownership
fail to properly maintain a system as required, the City
Engineer shall give the applicant or entity succeeding in
ownership written notice of the nature of the corrective
action necessary. Should the applicant or entity succeeding
in ownership fail, within thirty (30) days from the date of
the notice to take, or commence taking, corrective action to
the satisfaction of the City Engineer, the City may enter upon
lands, take corrective action and the cost of such corrective
action shall become a lien on the property benefited.
b. Flood Protection Mana~.ement. The City Engineer or other
designated City official shall have authority to administer this ordi-
nance, and shall perform the following specific duties:
(i) Determine Adequg.~S of Information.Determine any addition-
al information that must be submitted for flood management
review.
(ii) Determine Completeness,of Applications and Evaluation.
Review applications for compliance ~i"{h the standards of
surface water management policies of this section after input
from the administrative staff and the City Attorney as to
those matters within their professional disciplines; and
either approve, approve with conditions, or deny the applica-
tion based on that review. If application approval is denied,
the City Engineer shall state the reasons for denial.
(iii) Filing of Building Plans. The Building Official shall
maintain a record of the actual, "as built" elevation or
flood-proofing of all buildings constructed after flood
management review.
(iv) Coordinating Review Functions. Coordinate the review
with other permitting agencies, if necessary.
SECTION IV.
If any section, subsection, sentence, clause, phrase or word of
this Ordinance is for any reason held unconstitutional or invalid, for
any reason, such ruling shall not affect the validity or
constitutionality of any of the remaining portions of this Ordinance.
~S'ECTION V.
This Ordinance shall take effect immediately upen becoming law.
I HEREBY CERTIFY that the foregoing Ordinance was finally passed by
the City Council of the City of Sebastian, Florida, on the /~/~ day
of ~ , 1983.
Mayor,'C'i~j 6f Sebastian~
I HEREBY CERTIFY that the Notice of Public Hearing on the foregoing
Ordinance was given in accordance with Section 166.041 of the Florida
Statutes, that said public hearing was held in the City Hall of the City
of Sebastian, Florida, at ?~mo~., on the ~ day of ~ ,
1983, and that the foregoing Ordinance was duly passed and adopted by
the City Council of the City of Sebastian, Florida, on the /~/~day of
~ , 1983.
City