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Home My WebLink AboutO-79-08ORDINANCE NO. ~)- '~- $ AN ORDINANCE AMENDING CERTAIN PROVISIONS OF C~PTER 21 RELATING TO STREETS AND SIDEWALKS; AUTHORIZING BUILDING OFFICIAL TO ISSUE PERMITS; REVISING MINIMUM STANDARDS FOR CONSTRUCTION OF DRIVEWAYS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of iBebastian Florida as follows: :~ SECTION I !i That Section 21-1 of the Code of Ordinances, City of !Sebastian, Florida, is hereby amended to read as follows: :~ "Sec. 21-1. Permit Required for Constructing or Altering. (a) No person, firm or corporation shall construct, reconstruct, repair, alter or grade any sidewalk, curb, curb-cut, driveway or street on the public streets of this city without first obtaining a permit as provided by this chapter. (b) Ail permits shall be issued by the Building Official." SECTION II That Section 21-2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as !follows: "Sec. 21-2. Application for Permit; fees. (a) An application for a permit hereunder shall file with the Building Official an application showing: (1) Name and address of the owner, or agent in charge, of the abutting the proposed work area; (2) Name and address of the party doing the work; (3) Location of the work area; (4) Sufficient description of the property to ascertain its location; (5) Attached plans showing details of the proposed alterations; (6) Estimated cost of the alteration; (7) Such other information as the street inspector shall find reasonably necessary to the determination of whether a permit should issue hereunder. (b) The following fees shall accompany an application for a permit hereunder: (1) Filing fee. dollars ($5.00)'. The filing fee shall be five (2) Inspection and._~pgineering fee. The Building Official may charge a reasonable fee for all inspection and engineering services done in behalf of an applicant or permittee hereunder." SECTION III That Section 21-3 of the Code of Ordinances, City Sebastian, Florida, is hereby amended to read as follows: "Sec 21-3 Same--Bond of applicant The following bonds may accompany an applicatiO~or a permit hereunder: (1) Construction and maintenance. The Building Official may require a maintenance and construction bond to be filed with the application for a permit hereunder in an amount equal to one-half (½) of the estimated cost of the project and conditioned that such work shall be done in accordance with the city's minimum standard specifications and guaranteeing the same for a period of ninety (90) days. (2) Failure o~.compliance of permittee. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of this chapter, the Building Official shall order the completion of the work by the city and shall recover the cost from permittee as required by law. (3) Indemnity. The Building Official shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the city from all claims for damages or injury to other persons by reason of such alteration work." SECTION IV That Section 21-4 of the Code of Ordinances, City of ~ebastian, Florida, is hereby amended to read, as follows: "Sec. 21~4. Standards for issuance of permit. The Building '~fficial she'll issue a permit hereunder when he finds: (1) That the plans for the proposed operation are in conformance with the minimum standards as hereunder set out and when, as the case may require, same have been approved by the city engineer. (2) That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties." (3) That the health, welfare and safety of the public will not be unreasonably impaired. SECTION V That Section 21-5 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: "Sec. 21-5. Minimum Standards for Construction o.f......D, riveways. Minimum standards for the construction, alteration or repair of driveways shall be: (1) No driveways shall be placed within thirty (30) feet of an intersection, said thirty (30) feet being measured from the right-of-way of the intersection, unless plans for the construction, alteration, or repair of said driveways are submitted to the Building Official forty (40) days prior to issuance of permit . for the approval of the city council. (2) Driveways on state roads: (a) No driveways shall be constructed on a state road unless the applicant shall have first obtained a permit from the state department of transportation and submitted same to the Building Official (b) The minimum standards shall be the minimum standards set out by the state department of transportation. (3) Driveways on nonstate roads where curb and gutter are in existence: (a) Applicant shall maintain existing drainage and gutter. (b) Applicant shall meet sidewalk grade if existing. (c) Minimum width shall be ten (10) feet with a ten (10) foot radius at the intersections (d) Maximum width shall be sixty (60) feet with a ten (10) foot radius at the intersection. (e) Construction shall be either six (6) inches of marl or shell rock after compaction or four (4) inches of limerock after compaction. (f) Applicant shall rebuild curbing on the ten (10) foot radius, of like construction of existing curb, to a point five (5) feet behind existing curb line. (4) Driveways on nonstate roads where curb and gutter are not in existence: (a) Applicant shall maintain drainage in swale ditch. (b) Applicant shall furnish necessary pipe -3- for drainage at least eight (8) feet longer than driveway width, size of pipe to be specified in application for Building Official approval, unless applican' shall provide a head wall. The minimum and maximum width of con- struction and the material to be used, shall be the same as in subsection [3) above with the exception of rebuilding existing curb. (5)(a) Ail residential driveways shall be surfaced with pea gravel, shell or any other comparable material approved by the Building Official and shall be properly graded. The swale contour shall be followed if the difference between the crown of the road and the bottom of the swale is less than sixteen (16) inches. If the crown of the road to the bottom of the swale is greater than sixteen (16) inches, a drainage pipe or formed concrete drain shall be used. The pipe or drain shall not be less than eight (8) inches high or the opening less than twelve (12) inches in width or less than the ninety-six (96) square inch opening specified in Ordinance No. 0-78-3. (b) The property owner, or his successor in title, shall be responsible to mark the proper elevations on plans submitted to the Building Official and he shall bear the cost of any changes required in said plans and construction of proposed driveways." SECTION VI The provisions of Ordinance No. 187 Chapter No. 21, !adopted May 10, 1976, are hereby repealed. SECTION VII If any part, section, sentence or word is held to be !invalid or inoperative, it shall not affect any other part hereof. SECTION VIII This Ordinance shall become effective immediately ~upon becoming law. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the /o~ day of ~ , 1979. ~TTEST: May%r, Cit~ of seBaFtfan ~it~ Clerk, Florence L. phelah .......... -4- '6L6t ' ~ ~-o Xe ~o/ o,4:~ uo 'ep!.~oI~ 'ueI~s~qo$ :~o Xl!3 oq~ jo i-[.~uno~~ X:~iD oq.~ Xq po:l. dope pue passed Xlnp sea o~ueu!p.zo ~u!o~o.~o~ uo!%~oS q~!~ o~uepzooo~ uT UOAT3 sea oou~u!pxo ~uzo3o~ot oq~ to 2uim~OH 3!Iqnd ~o oo!%ON %eq% idliRR3 A~SH~H I