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HomeMy WebLinkAboutO-86-04AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTIONS 7-77 AND 7-78 OF THE CITY CODE OF ORDINANCES AND THEREBY REQUIRING A PERMIT FROM THE ENGINEERING DEPARTMENT OF THE CITY BEFORE ANY CHANGE IS MADE TO ANY DRIVEWAY OR ANY PART OF A DRIVEWAY WHICH MIGHT EFFECT THE DRAINAGE IN ANY SWALE DITCH; ALSO ADDING THE REQUIREMENT THAT SWALE DRAIN PIPES MUST HAVE HEADWALLS; PROVIDING AN EFFECTIVE DATE: WHEREAS, improperly installed, improperly maintained, or improperly engineered drain pipes under driveways within the City of Sebastian are causing recurring drainage problems, particularily with adjacent swale ditches, and, WHEREAS, The drainage problems are becoming more serious as time goes on, and WHEREAS, The City Engineer has advised the City Council that the City of Sebastian Ordinance Sections 7-77 and 7-78 should be amended to require permits regarding drainage under driveways, and to require headwalls for all new drain pipes and problem drain pipes presently existing, and WHEREAS, The City Council finds that more control in the installation of new drain pipes and the correction of presently existing problems is warranted and necessary in the interest of the general public health and welefare; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, AS FOLLOWS: SECTION i SECTION 7-77, entitled "Obstructions of natural flow of water prohibited" is hereby amended to read as follows: "Sec. 7-77. Blocka~e or Unreasonable Obstruction of natural flow of water prohibited. It shall be unlawful to block or unreasonably obstruct the natural flow of water or drainage of water by any means, in- cluding construction, excavationm or fill of land. An~ structure, driveway, pipe, excavation, or fill of land in violation of this Section 7-77 shall be brought into compliance with this Section at the Owner's expense if in the opinion of the City Enginper the violation warrants correction considering the expense of correction, the seriousness of the effect of the violation, and any other facts from an engineering viewpoint." (CODING: Words in struck through type are deletions from existing law; words underlined are additions.) SECTION II SECTION 7-78, entitled "Drains under driveways for swale ditches" is hereby amended to read as follows: "Sec 7-78. Drains under driveways fro swale ditches. All driveways ~ead+Rg-~em-pu))14e-~ea~ways-over a swale ditch she~ shall be provided with a swale drainage pipe with a minimum size of twelve (.12) inches diameter or greater if deemed necessary by the City Engineer. The pipe shall be installed under the. driveway ~at the proper elevation and set back as established by the approved GDC drainage plans, this code, and/or as established by the City Engineer. The minimum length of the drainage pipe shall be the width of the driveway plus eRe~§h a minimum of four (4) feet on each side of the driveway or additional length on each side of the driveway to provide for a three horizontal to one vertical slope from the top of the driveway surface to the bottom of the drainage pipe uR~ess a-heae~wa~-~-u~ee~-a~-app~evee~-~y-~he-bu~e~§-e~e~a~ or greater length as deemed necessary by the City .Engineer. A standard headwall shall be required in all cases at both sides of the pipe to avoid interference from grass or sediments. A permit must be obtained from the City Engineer after paYi.~g the established fee in order to change, mo...d, ify, construct, reconstruct, or repair any drainp~ipe under adriYeway, o..~r any other structure or land fill accessory to any driveway, if any such structure or landfill might adversly effect drainage of any drainage swale. This fee shall not be required for any driveway in existence on the effective date of this ordinance. No drainage in conjunction with a driveway other than the properly sized pipe will be permitted. Refer to Section 23-16 of the Code of Ordinances'". SECTION III This ordinance shall be effective ir~aediately upon final passage by the City Council. CITY OF SEBASTIAN, FLORIDA . [Gehe~ris, mYO;r I HEREBY CERTIFY that the foregoing Ordinance was duly passed by the City Council of the City of Sebastian, Florida, on the ~9~C~ Day of ~~~ ,1986. I further certify that notice of the Public Hearing on the Foregoing Ordinance was duly published as required by Florida Statute. The Odinance was passed after one public hearing held hereon. (CODING: words in s~ek-~h~e~§h type are deletions from existing law; words underlined are additions.)