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HomeMy WebLinkAboutORD #202-9 -- / . ,/ ' " ~I , ',,",. - . o R DIN A N C E NO. ;: 0 ~ - ? AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, CREATING A NEW SECTION X OF ORDINANCE 202, THE ZONING ORDINANCE OF THE CITY, AND THEREBY ESTABLISHING SITE PLAN REGULATIONS FOR ALL ZONING DISTRICTS EXCEPT SINGLE-FAMILY DISTRICTS; CODIFYING SAME WITHIN CHAPTER 20A OF THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council of the City of Sebastian lS currently studying a complete reVlSlon of the existing zoning and other related ordinances; and WHEREAS, the City Council finds and determines that there is an immediate need to adopt an ordinance which establish- es Site Plan Review Procedures for general applicability as stated herein; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Sebastian, as follows: SECTION I That Section X of Ordinance 202 of the City of Sebastian, Florida, the same being the Zoning Ordinance, is hereby amended by adding a new Section to be numbered Section 20A-IO.l through 20A-10.7, inclusive, which Section shall read as follows: L '. . . TABLE OF CONTENTS Page ARTICLE X: SITE PLAN REVIEW SECTION 20A-I0.l: APPLICABILITY AND FILING PROCEDURE X-I A. General Site Plan Review Procedure ....................... X-I 1. F i 1 ; ng ...........".... '" .. . *' .. .. .. .. .. *' . . . . . . . . . .. . . . .. . " " . . . . . X-I 2. Application, Fee and Disclosure of Ownership ........ X-I 3. Review by City Staff ................................ X-I 4. Approval Subject to Conditions...................... X-2 B. Conformance with Zoning Regulations Required ............. X-2 SECTION 20A-lO.2: CONSIDERATIONS IN REVIEWING SITE PLANS .......... X-2 A. Site Locati on and Character of Use ....................... X-2 B. Appearance of Site and Structures ........................ X-2 1. Harmonious Overall Design ........................... X-2 2. Location and Screening of Mechanical Equipment, Utility Hardware and Waste Storage Areas ............ X-3 3. Commercial and Industrial Activities Conducted in Enclosed Buildings .................................. X-3 4. Exterior Lighting ................................... X-3 C. Access, Internal Circulation, Off-Street Parking and Other Traffic Impacts .................................... X-3 1. Internal Circulation System Design and Access/Egress Considerations...................................... X-3 2. Separation of Vehicular and Pedestrian Areas ........ X-4 D. Traffic Impacts .......................................... X-4 1 . A P P 1 i cab i 1 i ty ....................................... X - 4 2. Impact Study Areas .................................. X-4 3. Con tents ...... *' . . . . . *' *' . *' . . .. .. .. . *' .. . . . . . . . . .. . . . III .. " . . .. " . " X-4 4. Traffic Study and Traffic Data Inventory and File ... X-6 5. Improvements to Roadways and/or Traffic Control Dev ices . *' . *' .. .. . . . . . . . . . . . . . . . . .. " .. " " .. It . .. .. " " " . . . .. *' . .. .. . *' X-6 E. Open Space and Landscape ................................. X-6 1. Residential Open Space Requirement .................. X-6 2. Non-Residential Open Space Requirement .............. X-6 3. Mixed Use Open Space Requirement .................... X-6 4. Use of Open Space................................... X-7 5. Preserve Natural Landscape .......................... X-7 F. Required Screening of Abutting Residential and Non- Residential Uses......................................... X-7 G. Flood Prone Land and Wetland Preservation ................ X-7 1. Flood Prone Land .................................... X-7 2. Wetland Defined ..................................... X-7 3. Wetland Development Restrictions and Interpreta- tions ....................".... *'......... *'..........."......"""" X-8 "DuN AND A""DCOm". ,= 11 eCANN'NO CaN"UC >ON'" VERO BEACH, FLORIDA . . . Page H. Surface Water Management ................................. X-8 1. Purpose. . .. .. .. .. .. . .. .. . .. .. . . . . . . . .. .. .. .... ...... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. X-8 2. Rules of Construction ............................... X-8 3. Definitions ........................................~.. X-9 4. Prohibited Activity................................. X-12 5 . Ex emp t ion s .......................................... X -13 6. Surface Water Management Review Criteria for All Development Projects ................................ X-I4 7. Additional Stormwater Management Policy for Flood Hazard Zones ........................................ X-I9 1. 8. Required Information for Type A Surface Works Management Permit Application ....................... 9. Required Information to be Submitted by Type B Permit Applications After Issuance of Permit ........ 10. Surface Water Management Permit Application and Review Procedures................................... 11. Administrative Duties ............................... Available Potable Water .................................. 1. Exceptions for Limited Scale Development ............ 2. Intent of Regulating Procedure ...................... 3. Testing of Private Wells ............................ Wastewater Service....................................... 1. Intent and Purpose of Regulating Wastewater Disposal J. X-22 X-24 X-24 X-25 X-27 X-27 X-27 X-27 X-28 Systems ............................................. X-28 2. Design Standards .................................... X-28 3. Regulating Use of Septic Tanks and Wastewater Disposal Fields..................................... X-28 4. Exceptions.......................................... X-28 K. Soil Erosion and Sedimentation Control................... X-29 1. App 1 i cab i 1 i ty ....................................... X - 29 2. Definitions......................................... X-3D 3. Erosion Control Measures ............................ X-29 L. Additional ~onsiderations ................................ X-31 SECTION 20A-IO.3: INFORMATION TO BE INCLUDED IN SITE PLAN ......... X-31 SECTION 20A-IO.4: MINOR MODIFICATIONS OF SITE PLANS ............... X-33 SECTION 20A-IO.5: APPROVAL, DISAPPROVAL AND APPEAL PROCEDURE ...... X-33 A. Approval Procedure ........................................ X-33 B. Timing of the Release of Building Permits ................ X-34 C. Disapproval Procedure .................................... X-34 SECTION 20A-IO.6: TERMINATION, EXTENSION AND TRANSFERABILITy...... X-34 SECTION 20A-IO.7: VIOLATIONS ...................................... X-34 "DuN AND A""DD^,"" ,Ne fI ~ANNoNC e="cm,," VEl==tO BEACH. FL.OI=UDA " . . . ARTICLE X: SITE PLAN REVIEW SECTION 20A-IO.l: APPLICABILITY AND FILING PROCEDURE Site plan approval is required for all uses, except single family residences or a duplex structure. Nothwithstanding, a single family home located within a flood hazard area must comply with criteria outlined in Section 20A-IO.2(H) for type C permits as determined by the City Engineer. Similarly, whenever in this Chapter site plan approval is required, the following procedures and requirements shall be followed; except where an interior use change does not result in exterior additions, and additionally in this situation landscape requirements shall not be imposed. Notwith- standing, when additional parking is required pursuant to Section XIII of Ordinance 202 as a prerequisite to any change of use, or the addition to any building or structure, site plan approval shall be required. A. General Site Plan Review Procedure. In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consumma- ted, nor shall any building permit be issued therefore, unless a site plan for such structure or use shall have been reviewed by the City Planning and Zoning Commission. 1. Filing. Before such site plan shall be approved, an appli- cation for such approval shall be filed with the City Clerk then directed to the City Engineer or other deSignated officials for their recommendation. City Engineer is defined as that City employee, or outside person or firm contracted by the City, responsible to perform the duties specified herein as the City Engineer. 2. Application, Fee and Disclosure of Ownership. Such applica- tion shall be in a form substantially in accordance with the form prescribed by the City Clerk, copies of which may be obtained from the City Clerk's office. A written power of attorney authorizing a person other than the owner(s) to sign such appli- cation must be attached to said application. All applications shall include a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for site plan approval is sought, except publicly held corporations, in which case the name and address of the corporation and princi- pal executive officers will be sufficient. The fee schedule for site plan review shall be as determined by resolution of the City Council. 3. Review by City Staff. The application shall be forwarded to the City Engineer and such other staff as may be pertinent. City staff shall proceed to make appropriate studies and/or reviews required to make an appropriate evaluation. The application with evaluative comment shall then be forwarded to the City Planning and Zoning Commission for their consideration and appropriate action. The site plan review process shall be carried out in accordance with procedures establ ished by the City Engineer and =UN AND A55DC'''''. ,"C 11 "cANNON" CDN5UC "N~ X-I VERO eeACH. FI...ORIOA . . e Planning and Zoning Commission, so as to prevent inconvenience and delay to the project. 4. Approval Subject to Conditions. The Planning and Zoning Commission may attach to its approval of a site plan any reason- able conditions, limitations or requirements which are found necessary, in its judgement, to effectuate the purpose of this Section and carry out the spirit and purpose of the Zoning Ordinance. B. Conformance with Zoning Regulations Required. Any such building, structure or use shall be erected, altered, installed and maintained in full conformity with the provisions of the zoning ordinance and with site plan approved by the City Planning and Zoning Commission. SECTION 20A-IO.2: CONSIDERATIONS IN REVIEWING SITE PLANS The Planning and Zoning Commission shall not approve a site plan unless a finding is made that such site plan conforms to all applicable provisions of this Zoning Ordinance and its amendments. A. Site Location and Character of Use: The Comprehensive Plan together with the Zoning Code, including size and dimension regula- tions, general provisions, performance standards, and the list of permitted and conditional uses, off-street parking, landscaping, required open spaces, yards and building setbacks shall collectively be the principal guides in determining the suitability of the location of the proposed use. B. 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 generati ng adverse vi sua 1 impact on surroundi ng properti es or trans- portation corridors. Architectural style or design is not restricted. Eva 1 uat i on 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: 1. Harmonious Overall Design. 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 gari sh. Awni ngs 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 extraordi nary sca 1 e, shapes, color schemes, patterns or other extraordinary features for purposes of attracting attention. The appearance of buildings and structures shall be disapproved under Section 20A-1O.2(B) in extreme cases only and reasonable doubt shall be resolved in favor of the applicant. =UN AND A5"=~m. ,Ne 11 P~NNNG CON"UC"N'" VERO BEA.CH, FLORIDA X-2 e - e 2. Location and screenin~ of Mechanical Equipment, Utility Hardware and Waste Storage reas. Mechanical equipment or other utility hardware other than antennas and stacks on roofs shall be harmoni ous with the buil di ng 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 condi- tion. 3. Commercial and Industrial Activities Conducted in Enclosed Buildings. All businesses, services or manufacturing or process- ing shall be conducted within completely enclosed buildings. If the City Planning and Zoning Commission determines that a demon- strated 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 contin- uous fence or wall or by 1 andscapi ng 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 demonstrat- ed by the applicant to the Planning and Zoning Commission's satisfaction to be impractical and unreasonable. 4. 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. C. Access, Internal Ci rcul ation, Off-Street Parking and Other Traffic Impacts. The City Engineer shall advise on matters related to this subsection 20A-IO.2(C): 1. Internal Circulation System Design and Access/Egress Consi- derations. Driveways, curb cuts, and areas for the parking and internal 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 prinCipals and practices and such specifications as may be adopted by resolution of the City Council. Requirements of Article VIII 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 size of curb cuts and access drives from adjacent streets; the location and design of driveways and access aisles to parking spaces, the arrange- ment, delineation and marking for parked areas; and the means of access to buil di ngs for fi re-fighti ng apparatus and other emer- gency vehicles. "DUN AND A""Dc.m". '"c fI "CANNONG CDN"UC >AN'. VERO BEACH. FLORIDA X-3 . . e 2. Separation of Vehicular and Pedestrian Areas. Parking areas and drlveways 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. D. 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. 1. Applicability. A transportation impact study shall be re- quired if: (a) 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 0 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. 2. 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 arteri a 1 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. 3. Contents. The transportation impact analysis shall contain the fo 11 owi ng; (a) 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 signa 1 sand traffi c control devi ces; exi sti ng and proposed ingress and egress locations, including existing or proposed "DuNAND A""='^,'". 'NO II ~ANN'NG O="U' 'AN'" VE~O BEACH. FLORIDA X-4 . e . acceleration or deceleration lanes or turning lane improve- ments. (b) A detailed description of the existing and proposed land uses within the impacted study area including stages of construction and anticipated completion dates. (c) A detailed description of the existing traffic condi- tions, 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 provi ded 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 traffi c counts ca 1 cul ated quarterly at traffi c count sta- tions in the City of Sebastian. The methodology and assump- tions 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. (d) 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 Capac i ty Manua 1 (i nc 1 udi ng the Northwestern Monographs) and in the Transportati on Research Ci rcul ar No. 212, .. Interim Material on Highway Capacity", Transportation Research Board, January, 1980. (e) A description of all the existing collector and arter- ial roadways and intersections that are at or below the Service Level C condition (Service Levels C, D, E, or F). (f) A detailed analysis of traffic impact of the develop- ment, including trip generations (average 24-hour weekday and hi ghest average weekday hour), i nterna 1 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 demon- strates that unique qualities of the development will result in different rates. All methodology and assumptions must be clearly stated. (g) 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. 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LL. 0 .r- c: N U U 000 0. LL. LL. <.!J <.!J r-4 -tJ 0 10 10 r-4 r-4 0 E <.!J <.!J ...... ...... ...... 10 U &110 ...... ...... ............0 ::J ............ r-4 \0 0 -tJ - 0) "'0 0 0 \0 N r-4 a.. 00 0 <;t- Ll'> ~ tU~ . ...... ...... . 0 ~CU N Ll'> NLl'>MM M <;t- <;t- Ll'> r-4 0. >- &lQJ 0 N NNLl'>M M <;t- Vl 0:: >3: N r-4 M \0 Ll'> r-4 r-4 c: 0 <( 10 <.!J ~ LIJ ~ ~ <( \f- U 0 LIJ CU V) -tJ => ::J -tJ C I Vl .r- z: ~ -tJ -tJ <( 'r- -c: Vl -l 10 VlVltU c: \f- ~ QJ&I~ ..... >- QJ ~~::J QJ a:l ....c: ~ OOtUU ~-tJCU Vl -tJ -tJ -tJ or- Vl V) ~0-tJ QJ VlVlVl> CU c: LIJ 10 10 Vl QJ~ Vl 0 ~ 0. "'0 &I ::J CJ r-4 ~ CJ ::J 'r- <( c: ..c: U r-4 Vl -tJ 0:: QJ -tJtU-tJ ~ c: I "'0 ~ 10 Vl c: QJ QJ t-.. 0 CU Vl CU Vl Vl Vl ~ z: ::::l QJ .. ~ ..c: 'r- OC: c: Vl ..c: QJ OJ QJ CJ 0 E "'0 0-tJ c: "'4- .,... 0 c:-tJ Vl Vl Vl C:N ..... "'0 QJC:OO QJ ..- .r- ~O ::J ::J ::J QJCO l- e VI ;;;, "'0 > 0) +-> 0 +-> OJ <.!J O"l ~ 10 ::J0-tJ..- c: 'VlVltU > ..- ..- r-4 -l ~~::J'- o QJtUtU-tJ 10..- ..- .- ..- 0. LIJ 0)0<( U-LL.<.!JVl~<( <( <( <( 'r- "'0 z: ~ c: LIJ ~tU <.!J \0 a.. Et-.. ..... 00"l 0:: ~ r-4 ~ \f- .. LIJ "'O~ <.!J QJQJ ~ ~ ~ -tJ .J:l 0.0 LIJ c: QJ -tJ -tJ tU-tJ > ~ 0 U 10 Vl Vl "'OU <( 0 ..- 'r- 'r- ~ ::J ::J <(0 tU-tJ > ::J-tJ "'0 "'0 LL. CU or- 10 ~ -tJ~ c: c: 0 +-> UQJ QJ ..- 0 ..... ..... 10 ~~ V) ::Jo. QJ LIJ U CUU Uo. -tJ >, U -l E&I "'0 'r- ::J ..c: > ~ a:l QJ EO:: 10 ~V) 0) 10 ::J <( Vl 0 0 0) 'r- QJ 0 ~ ::::l U 0:: <( -l :I: V) 60UN AN","60C''''''~ fI ~AN",NG CON6ue >AN," VERO BEACH. FLORIDA X-5c e e SHOPPING CENTERS Weekday Avg. 24 - Hr. Total Between Per 1,000 GSF 4-6 p.m. Under 50,000 GSF 117.9 14.42 50,000 - 99,000 GSF 82.0 7.8 100,000 - 199,999 GSF 66.7 5.9 200,000 - 299,999 GSF 50.6 4.8 300,000 - 399,999 GSF 41.9 5.S 400,000 - 499,999 GSF 49.7 4.9 500,000 - 999,999 GSF 37.2 3.12 1,000,000 - 1,249,000 GSF 37.1 Over 1,250,000 GSF 34.1 2.51 e X-5d ~DUN AND A~~Dc'm~. ONC. f.I eCANNoNe CDNSuc ""'s VERO ee:ACI-l, FL.ORIDA e e e GENERAL OFFICE BUILDING Weekday Avg. 24 - Between Hr. Total 4-6 p.m. Trips/1,000 GSF 12.30 2.20 Genera 1 Offi ce, 100,000 GSF Trips/1,OOO GSF 17.7 2.82 General Office, 100,000-199,999 GSF Trips/l,OOO GSF 14.3 2.03 General Office Over 200,000 GSF Trips/1,000 GSF 10.9 2.04 MEDICAL OFfiCE BUILDING Trips/1,000 GSF 54.6 3.94 OFFICE PARK Trips/1,000 GSF 20.65 2.38 RESEARCH CENTER Trips/1,OOO GSF 5.3 0.9 "OU,"NO A""mAm. ONe f.I ~ANN'NC e="UmN'" VERO ee:ACI-l, FI..ORIDA X-5e e e e or below the Service Level C daily condition or Service Level D peak hour condition. 4. Traffic Study and 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 determi ni ng the projected demand in subsection 20A-10.2(D)(3)(g) above, the impact analysis shall include trips already allocated in previous development approvals. The City shall provi de i nformati on when available and where appropriate data already exists in order to prevent duplication of efforts and unnecessary costs. 5. Improvements to Roadways and/or Traffic Control Devices. Transportati on improvements such as i ntersecti on improvements; additional turning, acceleration or deceleration lanes; modified land delineations; new or improved traffic control devices; or other such improvements may be requ ired in order to ma i nta in a level of service C daily condition and/or a level of service D peak hour condition. In such case, the applicant for a develop- ment permit may be required to fund and/or install the necessary improvements or provide a legal assurance, such as a performance bond or other surety approved by the City Attorney, prior to the issuance of a building permit. Where the traffic impact does not generate traffic volume that substantiates the total improvement needs, the City Council shall determine an equitable participa- tion in the required improvement. The participation by the applicant may, at the discretion of the City Council, consist of a pro-rata dollar share of improvement costs. E. Open Space and Landscape. Open space shall be compri sed of permeable open surfaces, excluding principal structures and impermea- ble surfaces. No parking areas shall be included as open area. Active recreation areas may be counted as open area. 1. Residential Open Space Requirement. All residential devel- opment sha 11 preserve a mi n imum of fi fty (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-IO.2(G)(2) at the time of application. A maximum of thirty (30) percent of any totally landlocked water body may be credited as open space. At no time shall water bodies comprise more than twenty (20) percent of the total upland open space requirements. 2. Non-Residential Open Space Requirement. Non-residential development shall provide a minimum of twenty (20) percent open space. 3. Mi xed Use Open Space Requ i rement. Where res i dent i a 1 and non-residential development is permitted pursuant to the City of Sebastian Zoning Code, the following pro rata open space require- ment shall be enforced. OS '" NRA x .2 TA + RA x .5 TA SDUN AND ASSDcoms. <NO 51 e~N",NC CONSUC <AN'S VeRO eeACl-l, Fl..O~IOA X-6 e e . TA TA os =: NRA =: RA :: TA = Open Space Non-Residential Acreage Residential Acreage Total Area 4. Use of Open Space. Open space and spaces between buildings required by this Chapter shall be located and improved so as to reasonab ly serve the purposes for whi ch the requi rements 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. 5. Preserve Natural landscape. The natural 1 andscape 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 dus t. F. 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 dis- tricts, 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 continu- ous 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. Notwithstanding, all developments shall comply with the landscape requirements of Article XIII, Ordi- nance 202-X. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail. Credit may be given for existing plant material against the require- ments of this section. 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. G. Flood Prone land and Wetland Preservation. In order to promote and preserve natural hydro 1 ogica 1 conditi ons and to preserve water recharge areas, water supply and water quality, and natural habitats, the following regulations shall be applied to wetland areas. 1. Flood Prone land. Construction in flood prone areas shall comply with the City's flood plan management policies. 2. 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 "DUN AND A""OCOm". ONe fa "CANN,Ne eON"UC UN'" VERO BEACH, FLORIDA X-7 e e e investigations shall confirm the existence of wetland systems based on on-site soil and vegetative analysis with assistance of appropri ate representati ves of the State Department of Envi ron- mental Regulation, the St. Johns River Water Management District, U.S. Army Corps of Engineers, and the U. S. Soil Conservation Service. 3. Wetland Development Restrictions and Interpretations. No development activity shall be allowed in a wetland area unless "competent evidence" indicates that: (a) Dominant vegetation is no longer comprised of wetland types normally found in the specified soil; and (b) The water regime has been permanently altered artifi- cially 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 represen- tatives 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. H. Surface Water Management. 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 "DuNAND A""DC'"'' ,= 11 ~ANNNG CDN"umN'" VERD BEACH, FLORIDA X-8 e e e Management Di stri ct, 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 neces- sity 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 "l andward extent of waters of the State, II as defi ned in the Fla. Admin. Code, Section 17-4.02(17). In the event of a con- flict 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 characteri sti c of water or fl oodprone 1 and, whi ch 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 condition 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 provi de for treatment through phys i ca 1, chemi ca 1, or bi 01 ogi ca 1 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. "OUNOND AO"W",". ONC fI PCAN"NO CON"UC '^,," VERD BEACH, FLORIDA X-9 e It e Drainage System (Artificial) - Any canal, ditch, culvert, dike, storm sewer or other man-made facility which tends to control the surface flow of water. Drainage System (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 complete 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 Federa 1 Emergency Management Agency. The report conta ins flood profil es, 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-IO.2(H)(7)(s)(i through vi). {, v Floor - Any floor (including basement) usable for living purposes which include working, sleeping, eating, cooking, or recreation, or a combination thereof. Hydrograph - 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 "DUNAND A""De,^,"". ONe 11 PCANN'NC e~"u, ,^N'" VE~O BEACH. FLORIDA X-lO e e e which has the hydraulic capability of conveying the stormwater discharge from a development project to receiving waters down- stream. ilLegally estab 1 i shed 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 exi st 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. Ma i nta in or Ma i ntenance - To keep in an acceptab 1 e s ta te of performance and repa i r as determi ned by the City Engi neer. 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. Mangrove Stand - An assemblage of one or more of the fo11 owi ng species: Black Mangrove (Avicennia nitida); Red Mangrove (Rhizo- phora mangle); White Mangrove (Languncu1aria racemosa); and Buttonwood (Conocarpus erecta). Master Stormwater Management Plan or Master Plan - An engineering plan, 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 Flood - 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. Retent i on or To Reta in - The prevent i on 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 is 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 1I0ff 1inel' (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 "OUNANO A""DD""". ONC 11 ~ANNoNG C~"uc """ veRo eeACI-l, rl..ORIDA X-ll . e . adversely impacted by lion linell retention. Wet retention refers to an area the lowest e 1 evati on of whi ch penetrates the dry season groundwater table. Dry retention refers to an area the lowest elevation of which lies at least two (21) 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. System - 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, river, 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. Prohibited Activity. sa"N ANa Assac.. '.. 'NC fI "CANNONG CaN sue UN'S v~FtQ BEACH. FLORIDA X-12 . . e 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-10.2(H)(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-10.2(H)(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. "DUNAND A""DC',,"". ONC fa ~ANNONG c~"um"" VERO BEACH. FLORIDA X-13 . . . 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 demonstrated by the applicant to have vested rights. The surface water manage- ment permitting requirements herein shall not in any way limit or modify the cested rights of any person or entity to complete any development or improvements to land based upon prior law where a previous permit or authorization had been granted or applied for prior to the effective date of this ordinance (September 19, 1984) and such previous permit or authorization remains in effect. h. These surface water management policies shall not be construed to prevent the doing of any otherwise lawful and necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency, 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 Pro;ects. 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 la-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 storffiWater management system improvements shall be based upon a 25-year frequency 24-hour duration storm event. b. The hydrologic computations for the stormwater management system shall be based on full hydrograph generation for the development project ana "contributory area utilizing such methods as published by the Soil Conservation Service (scs) (U. S. Department of Agriculture, SCS " "National 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 satifactory. The State Department of X-14 . . . 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 (111) 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. Enl argement of exi sti ng downstream facil iti es may be re- f qui red. 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 1 i fe 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, dependi ng on the characteri sti cs of the land area. Specific guidelines are as follows: (i) Areas and lots shall be developed to maXlmlze 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. "OUN ANO .,5=" "". ON" 11 PCANNONO "~"UC 'AN'" VERD BEACH, FLQRIDA X-15 . . . (i i) Street dra i nage shall be by grassed swa 1 es or curb and gutter in accordance with City specifications, provided all curb and gutter systems shall discharge or direct wateri nto or across a grassed swa 1 e 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-IO.2(H)(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 Conserva- tion Service, shall be the document to determine soil classifications 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 ma i nta i ned system and only if it is compri sed 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 ri ght-of-way pavement and/or into salt water outfa11s. Concrete for reinforced concrete box culverts shall conform to DOTls Standard Specifica- tions, latest edition. "DUN AND A""=,^ '.. ONC fa e~NN'NG CDN"UC "N'" VERD BEACH. ~L.O~IClA X-16 e e e 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, mitered end sections or terminating structures in accordance with City Standard Specifications or DOT's Specifications. Endwalls, ~nlets, or other appropriate 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 in accordance with DOT standards. 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. "De," AND A"Soc,ms '"c fa ~ANNONG ceNsee ,,"" VERO BEACI-l, rL..O~IOA X-17 . e . q. Ra i nfa 11 runoff from roads, pa rk i ng 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 creati ng adverse impacts on other 1 ands 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 1 ands 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. ( i v) A floodway s ha 11 i nc 1 ude the norma 1 channe 1 of a watercourse and adjacent land~ 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 SDuN AND ASSDC" m. <NC fa "CA"<NO CDNSue aN" VERD BEACH, FLORIDA X-18 . e e from the owners of all land that would be affected by increased 1 eve 1 s. 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 Polic for Flood Hazard Zones T e B Permit Re Ulrements. en a deve opment proJect is determined to be within a flood hazard zone according to the procedure set forth in Section 20A-IO.2(H)(6)(s)(i through v), a Type B Permit shall be required and the project shall be reviewed under the criteria of Section 20A-lO.2(H)(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, excepting storm surge flood areas along the Indian River. 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. SDUN AND ASSDC" ,"S. .NC fa "eANN'NO CDNSue ""'s VERO BEACH. FLOj:=UDA X-19 e e e 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 res is t i ng the effects of the regu 1 a tory 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-l.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 fo 11 owi ng additi ana 1 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, 1 eases, or other contracts for sa 1 e or exchange of lots within the flood hazard zone and all prospective instruments conveying title to lots within the flood haza rd zone mus t carry the fo 11 owi ng flood hazard warning prominently displayed on the document: SOuN AND Assoeoms. 'NO 51 ACAN"NG CDNSUU Ams vEI=tO eeACI-l, FLORIOA X-20 e . . FLOOD HAZARD WARNING "This property may be subject to flooding. You should contact local building and zoning officials and obtain the latest information 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 elevation, but in no tase shall a road be constructed at an elevation below five (5) feet above sea 1 eve 1. All roads shall be des i gned to ma i nta in 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-lO.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 displacement 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 manage- ment 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 buil di ng and is designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the build- ing. Solid walls will not be allowed. Only wood or mesh screen- ing may be used. (ii) Pilings or columns used as structural supports are designed and anchored to withs tand all app 1 i ed loads of the regu 1 a tory flood including velocity flow and hurricane wave wash. Fill must not be used as structural support. Compliance with these pro- visions must be certified by a Florida registered Professional Engineer. "DUN AND A""DC'^,"" ONC fI CCANN'Ne CDN"UmN'" vF.:~O SEACl-I, rLORIOA X-21 . . . (i i i) Sand dunes or mangrove stands are not altered so as to increase potential flood damage. 8. Re uired Information for TeA Surface Works Mana ement Permit A li- cation. A detailed description 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 impervi- ous area and soil characteristics including depth to seasonal 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 develop- ment 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-di scharge data for proposed retenti on and/or detenti on facil- ities, and percolation test data as per the following procedure: (i) The test holes shall be located as close as possible to the proposed location of exfiltration trench or other percolation 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 cas i ng shall be poi nted. 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 exfil tered. .aUNONa A..m"... 'Ne 11 "CANN'NG eaN.eC "". VERO aeACH, FLORIDA X-22 e e e (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, groundwater con- ditions, incremental drop and time, and subsurface soil informa- tion. 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 procedure. 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 slz1ng channels, culverts, inlets, retention/detention ponds, pond discharge structures, and determining discharge rates and maximum water surface elevations. e. Erosion and sedimentation control plans, during and after con- struction. f. Statement of all assumpti ons 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 after 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. Type B Permit and Type C Permit - In addition to the information required for Type A Permits in Section 20A-IO.2(H)(B) (a through k) an applicant for a Type B Permit shall submit to the City Engineer the information described in Section 20A-IO.2(H)(B)(k)(i through iv) below. "DUN AND A""DCOm" 'NO fa "CANN'NG CDNGUC UmG ve:~o BEACH. FLORIDA X-23 e e e 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. Applicants for a Type C Permit shall submit the information described Section 20-10.2(H)(B)(k)(i through iv), together with that information required in Section 20A-10.2(H)(B)(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-10.2(H)(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 certi- fication 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 fl ood-proofi ng by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, 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 ele- vation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level based on National Geodetic Vertical Datum. Said certi- fication shall be prepared by, or under the direct supervision of, a Florida registered land surveyor or professional 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 architect 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 pri or to further work bei ng 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 Water Management 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 "DUN AND A""DC,m" ONe fa eCANN'Ne CDN"UUAN'" VE:FlD ae;AC...., FLO~IOA X-24 e . . 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 sub- mission 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 Type A or B Permit Applications. If a Type A or Type B Permit is required for the project, the applicant shall furnish all required stormwater management information, together with flood protection information, if applicable, to the City Engineer on forms furni shed by the Ci ty Cl erk. The requi rements of the surface water management policies shall be administered during the site plan review processes (See Section 20A-I0.5) if the project requires site plan review. If the applicant is subdividing, then administrative provisions for administrating subdivision review shall apply. c. Review Procedures for Type C Permit AP~lications. If a Type C Permit is required for the project, the app icant shall 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 applica- ti on. The City Engi neer I s recommendati on 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-I0.5. 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 supportive data. No development shall be approved if such development will result in an increase in the elevation of the regu- latory 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 professional engineering determinations required with respect to analysis of any given application. SO"NANO ASSOO" ,"S. 'NO 51 ""ANN,"G CONSU" ,^N~ VERO BEACH, FLORIDA X-25 e e e (ii) Provide Recommendation on Any 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 constructed wet or dry retention facilities to special districts or political entities as may be appropriate. (iv) Certificates of Completion. After the completion of a project, require as-built plans from the owner or applicant and a Certificate of Completion from the Engineer of Record. (v) Maintenance Recommendations. Any surface water management improvements required by this ordinance shall be maintained 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 facil ities 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 dedi cated 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 action 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 succeed- ing in ownership fail to properly maintain a system as required, the City Engineer shall give the applicant or entity succeeding in ownersh i p written noti ce of the nature of the correcti ve 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 Management. The City Engineer or other designat- ed City official shall have authority to administer this ordinance, and shall perform the following specific duties: (i) Determine Adequacy of Information.Determine any additional information that must be submitted for flood management review. (ii) Determine Completeness of Applications and Evaluation. Review applications for compliance with 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 application based on that "DuN AND A""mA m. ,Ne fa e~NNNG eON"U", AN" vF=:I=tQ e~ACH. i=L.O~IDA X-26 e e e 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, lias built" elevation or flood-proofing of all buildings constructed after flood manage- ment review. (iv) Coordinating Review Functions. Coordinate the review with other permitting agencies, if necessary. I. Available Potable Water. All future applications for new devel- opment shall be required to connect to a central water system except as herein provided. 1. 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 a 11 owed if approved by the County Di rector of Pub 1 i c Health subject to the following conditions: a. Assurance in writing from a central water utility that extension of lines to the development is part of its master plan for expansion; and, b. Agreement by the applicant that the system shall be connected to the central util ity system at no cost to the City when service becomes available. 2. Intent of Re ulatin Procedure. The intent of this permitt- ing procedure is: 1 to maintain a comprehensive data base concerning water supply and quality; 2) to discourage unregulated proliferation of private water systems; 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 capaci- ty; and 4) to discourage all new subdivision of land unless served by a central water util ity and to s imil arly di scourage nonresidential development on existing lots of record when such sites are not serviced by a central water utility. 3. Testing of Private Wells. In addition, the City may under- take 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. "DuN AND A""=,^ "". oNe 11 P"NNoNG eONSue 'AN'S Vl::FlO BEACH, FLORIDA X-27 e e e J. Wastewater 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. 1. Intent and Pur ose of Re ulatin Wastewater Dis osal S s- tems. The intent of this provision is: 1 to discourage unregu- lated proliferation of private package treatment plants; 2) to achieve a subsystem design which can be effectively and economi- cally 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 effi- ciently served by public facilities without adversely impacting the City's fiscal capacity. 2. Design Standards. The system shall be designed to satisfy performance standards of the Department of Environmental Regula- tion (DER), other applicable regional, state, or federal stan- dards, or standards which may be hereafter adopted by the City. 3. 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 indivi- dual sewage disposal, the following standards shall apply to residential development: (a) Each septic tank shall be located on a lot. (b) Each lot shall have a usable minimum area of one-half (1/2) acre per unit when the development is serviced by a private well. (c) 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. (d) For purposes of this section, the term "unit" shall mean one single family dwelling, one-half of a duplex, one-third of a triplex and one-fourth of a quadruplex. 4. Except ions. The above Section 20A-1O. 2 (J) sha 11 not app ly in the following instances to a lot of record created pursuant to the subdivision regulations of the City of Sebastian. (a) Construction of a single family dwelling in accordance with the other appl icable provisions of this Plan and the City Code of Ordinances. "OU",NO A""mm" ,NC II PCANN'Ne CONSUe< AN" v~RQ BEACH. ~L..a~IDA X-28 . e e (b) Construction of a duplex when the lot of record in- cludes at least one-half (t) acre and will be serviced by a central publ ic water supply system and in accordance with the other applicable provisions of this Plan and the Code of Laws and Ordinances. (c) Section 20A-IO.2(J) shall not apply to remodeling, rebuilding or reconstruction. (d) 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. (e) Development shall not be approved pursuant to this Section unless the Indian River County Health Department 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. (f) When a major wastewater system is not within a reason- able 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 septi c tanks except when uses are judged by the Health Department to constitute a high expected failure level. K. Soil Erosion, Sedimentation Control,and Estuary Protection. 1. 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, provi- ded that anyone of the following descriptions applies to said movement. (a) Excavation, fill, or any combination thereof will exceed five hundred (500) cubic yards. (b) Fi 11 wi 11 exceed three (3) feet in vert.i ca 1 depth at its deepest point as measured from the natural ground surface. (c) Excavation will exceed four (4) feet in vertical depth at its deepest poi nt as measured from the natural ground surface. (d) Excavation, fill or any combination thereof will exceed an area of five thousand (5,000) square feet. "DUNAND A""mm". ,NC 11 PCANN'Ne CDN.C' <AN'" vf;RO eeACI-l, FLO~IOA X-29 e e e .. (e) Plant and/or tree cover is to be removed from an area exceeding five thousand (5,000) square feet on any parcel of land. (f) Whenever development is proposed within or adjacent to a stream, stream channel, or bOdy of water, a soil erosion and sedimentation control plan shall be provided. 2. Definitions. For the purposes of this subsection 20A-10.2(K) the following definitions are provided: (a) 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. (b) Sedimentation shall mean the settling out of the soil particles which are transported by water or wind. Sedimen- tation 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. (c) Erodable slofe 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. (d) Large fl at surface area (unpaved) shall mean an area which is flat or whose slope is less than four (4) percent and which consists of more than one thousand (1,000) square feet of exposed soil. 3. Erosion Control Measures. All measures necessary to mini- mize soil erosion and to control sedimentation in the disturbed land area shall be implemented. The following protection shall be provided for all disturbed areas: minimize velocities of water runoff, maximize protection of disturbed areas from storm- water 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 fol- lows. For each one, the purpose(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 requi- red. , (a) Erodable slopes: Prevent detachment and transportation of soil particles from slope. (b) Streams, streambeds, streambanks, bodies of water, lake shorel i nes: Prevent detachment and transportati on of soil particles. "DUNAND A""mm". ,NC 11 PCANN'NG C~"U' 'AN" VERO BEACH, FLORIDA X-30 . e . (c) Prevent detachment and transportation of soil partic es 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. (d) Land adjacent to streams, ponds, lakes, and wetlands: Prevent detachment and transportation of soil parti cl es. The applicant shall not adversely impact aquatic vegetation within the sensitive transition zone located between the upland and the mean high water line (ordinary high water line for non-tidal waters). No such vegetation shall be disturbed without approval of the City. Any such approval shall be based on a demonstrated necessity which promotes the overall public health, safety and welfare. Furthermore, any such di sturbance of aquati c vegetati on shall be com- pensated by revegetati on based on a plan approved by the City as stipulated herein. The applicant shall coordinate plans for riverfront development with the Florida Department of Environmental Regulation as well as the U.S. Army Corp of Engineers where tidal waters might be impacted. Where deemed appropriate, the site plan shall include the planting of native indigenous aquatic plant vegetation to promote stability of the shoreline. (e) Enclosed drainage structure: Prevent sedimentation in structure, erosion at outfall of system, and deposit of sediment loads within system or beyond it. (f) Large flat surface areas (unpaved): Prevent detachment of soil particles and their off-site transportation. (g) 1m ervi ous surfaces: Prevent the detachment and transportation of soi in response to an increase in the rate and/or volume of runoff of the site or its concentra- tion caused by impervious surfaces). (h) Borrow and stockpile areas: Divert runoff from face of slopes which are exposed in the excavation process; convey runoff in stabilized channels to stable disposal points; leave borrow areas and stockpiles in stable condition. (i) Adjacent properties: Prevent their erosion and/or being deposited with sediment. L. Additional Considerations. 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 20A-IO.3: INFORMATION TO BE INCLUDED IN SITE PLAN A site plan, for the purposes of this Section, shall include, but not necessarily be limited to, the following requirements: .O"N ANO ...OCO"O. 'Ne fI "CANN,Ne eON.uc 'AN" VF,:RO eeAc..... Fl..OI=IIDA X-31 . . . 1. Site plan with lot configurationl finished ground floor elevationsl contours and designating number of dwelling units, square footage of sitel building coverage, square footage of paved areas and open areal and setbacks to scale indicating compliance with regula- tions. 2. A scaled drawing of the sidesl front and rear of the building or structure, generalized floor plan indicating uses and square footage of each proposed use within each building or structure building exterior construction material and colorl and building height. 3. Location and character of all outside facilities for waste disposal; storage areas; or display. 4. Location and dimensions of all curb cutsl driveways, including the number of spaces with their location and dimension; details of off-street parking and loading areas, all off-street vehicular surfa- ces available for maneuvering, surface materials, number of employees and number and type of vehicles owned by the establ ishment. Any combined off-street parking facilities shall be submitted with an agreement speci fyi ng the nature of the arrangement its anti cipated durationl and signatures of all concerned property owners. 5. Location of all pedestrian walksl malls, yards and open spaces. 6. Locationl size, character, height or orientation of all signs. 7. Location and character of landscaped areas and recreation areas. 8. Location, design and character of all public, semi-public, or pri vate util ities such as water and wastewater di sposa 1 facil ities, underground or overhead e 1 ectri c 1 i nes I gas transmi ss i on 1 i nes, or other similar facilities or services. 9. Location, height and general character of perimeter or ornamental walls, fences, landscapingl including berms and other required screen- i ng devi ces and any other plans for protecti ng adjacent property owne rs . 10. Surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida. 11. Location of existing easements and rights-of-way. 12. Land survey with complete legal description prepared and certi- fied by a registered surveyor. All architecture or engineering designs must be prepared by a professional architect or engineer registered in the State of Florida pursuant to Florida Statutes 467 and 471 as exists or hereafter amended and which require an appropri- ate seal on the subject plan prior to issuance of a building permit. 13. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the name and "DUN AND A""=>A m. 'NC 51 e~NNNG CDNSU" AN," VERO aeACH, FLORIDA X-32 . it /'""' . address of the corporation and principal executive officers will be sufficient. 14. The applicant for site plan review may, at his option, submit a prel iminary site plan sketch indicating a general idea of how it is proposed to develop the parcel. Upon tentative approval of a sketch, the applicant can then proceed to have a detailed site plan prepared in accordance with the requirements in this section. SECTION 20A-lO.4: MINOR MODIFICATIONS OF SITE PLANS When minor changes are made such as the: 1. Addition of awnings, canopies or other ornamental structures; redesign and different location of pools, parking spaces, drives and driveways; or modifications in stairs or elevations of decks, porches, terraces and fencing; 2. Addition of parking spaces not to exceed twenty-five (25) per- cent, including fractions thereof, of the total number of existing parking spaces or twenty (20) spaces, whichever is the lesser amount; 3. Attached or detached additions to buildings which do not increase the floor area in excess of eight (8) percent of the ground floor area of the principal structure of five hundred (500) square feet, which- ever is the lesser amount; and/or 4. Installation of utility system improvements including buildings not exceeding two hundred (200) square feet. Such proposed site plan shall be reviewed by the Building Official and City Engineer. If the BUilding Official and City Engineer have no objec- t i on to the reques t based on its comp 1 i ance with the Code, s.uch mi nor modifications may be approved by the Chairman of the Planning and Zoning Commission or a member designated by the Chairman. If approved as a minor change, the site plan shall not be required to be returned to the Planning and Zoning Commission for resubmission. The Chairman shall report each change so approved to the Planning and Zoning Commission for the record at the next scheduled meeting. Aside from minor modifications to site plans as herein defined, any change in use of buildings, structures, land or water, or institutions of new uses, or alteration or major improvements to existing structures, or erection of new buildings or structures shall require a new site plan submittal in accordance with all procedures and provisions of this Article X and shall conform with all provisions of this Code. SECTION 20A-10.5: APPROVAL, DISAPPROVAL AND APPEAL PROCEDURE A. Approval Procedure. Upon the approval of such site plan by the Planning and Zoning Commission, a building permit may be issued pursuant to Subsection 20A-10.5(B) by the City Building Official. Notwithstanding, any applicant for site plan approval, or any other aggrieved person having an interest therein, may file an appeal to the City Council to review the action of the Planning and Zoning SDUN AND ^sSDc,ms. 'NC. 511 "C^NN'NS CDNSUC "N'S VERO BcACl-I, FLORIDA X-33 - I, , t '. . . Commission in allowing or disallowing such application for site plan approval, which appeal shall be in writing and filed with the City Clerk within ten (10) days from the date of final action of the City Parks, Planning and Zoning Commission. The City Clerk shall place the matter of appeal on the City Council agenda as expeditiously as possi- ble. The Council shall thereupon set a date for a public hearing with regard to such appeal. After giving public notice thereof in such manner as the Council shall prescribe, at which time all interested parties shall have the right to appear before Council in regard thereto, the Council shall thereupon render its decision therein. The decision of the City Council shall be final, unless otherwise appealed to the courts. B. Timing of the Release of Building Permits. No permits shall be granted by the Building Official until the time for appeal to the City Council from the decision of the Planning and Zoning Commission as herein provided shall have expired. When such an appeal is filed, no such permit shall be issued until after final determination of such appeal has been made by the City Council. Appeal to the Courts shall not bar the issuance of permits unless the court grants an injunction. C. Disapproval Procedure. If the Planning and Zoning Commission denies a site plan approval, it shall specify the reasons said plan was denied with specific reference to those sections of the applicable City Ordinances on which said denial was based. No reasons other than those so stated shall be presented to the City Councilor to the court by the Planning and Zoning Commission. SECTION 20A-I0.6: TERMINATION, EXTENSION AND TRANSFERABILITY Whenever site approval shall have been granted, it shall NOT be considered to run with the land. The site plan approval shall terminate twelve (12) months thereafter, if construction has not been started as evidenced by the pouring of footings by said termination date. Extensions may be made by the City Council at its di screti on. In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changes in any way whatsoever, the site approval may be transferrable upon approval by the Planning and Zoning Commission with no additional time prior to required commencement of construction. SECTION 20A-IO.7: VIOLATIONS Failure to comply and continually maintain all approved elements of an approved site plan, including landscape, appearance and other site develop- ment features, shall be a violation of this Chapter subject to enforcement and penalty procedure of Section 20A-I.IO of this Chapter. ,0CoN ANO A"mm,. 'Ne 51 PCANN'Ne eON,CC "N<, VERO eeACH. FLORIDA X-34 , " .. . '. . . SECTION II This ordinance shall become effective immediately upon its final passage by the City Council of the City of Sebastian after two (2) public hearings. * * * * * * * * * * * I hereby certify that this Ordinance was duly passed on Fi~st Reading on the (~~ day of ~ ,1984, passed a second reading and a first public hearing on the I).. tt day of I~~' 1984, and passed a thrid and final reading after the second public hearing held on the Iq~ day of .d.f~~ I 1984. J ATTEST: ~J) (!.7~ Deborah C. Krages, City ClerkL...-" ~