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HomeMy WebLinkAboutMaster Land Development Regulations in Effect Until 5/2/94: ofkDO NOT DESTROY - KEEP AS A REFERENCE COPY MASTER COPY OF CITY OF CAPE CANAVERAL LAND DEVELOPMENT REGULATIONS BOOK IN EFFECT UNTIL MAY 2, 1994; NEW CITY CODE AS RECODIFIED BY MUNICIPAL CODE CORPORATION BECAME. EFFECTIVE MAY 3, 1994. Faith G. Miller, CMC/AAE City Clerk May 3, 1994 CC4 MASTER LAND DEVELOPMENT REGULATIONS : IN EFFECT UNTIL5/2/94 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 EMO TO: All Holders of Cape Canaveral Land Development Regulations FROM: Faith G. Miller, City Cler DATE: April 1, 1993 SUBJECT: Revisions to Land Development Regulations Attached please find revised pages to the City of Cape Canaveral's Land Development Regulations (Green Book). These pages reflect the changes made by the adoption ,of the following ordinances: Ordinance No. Adopted Date 11-91 04-92 92-17 (Res.) 05-92 06-92 07-92 09-92 21-92 25-92 01-93 November 19, 1992. May 5, 1992 May 5, 1992 May 5, 1992 May-5, 1992 July 21, 1992 August 18., 1992 November 5, 1992 January 5, 1993 February 16, 1993 Listed below are the steps you need to take in order to update your copy of the land'development regulations: 1. Remove and destroy entire Chapter 265, Code Enforcement Board (4 double -sided pages) and replace with new Chapter (one page). (Ord. No. 1-93) 2. Remove and destroy entire Chapter 535, Sewer Impact Assessment ..(6 double -sided pages) and replace with new Chapter (5 double -sided pages). (Ord. Nos. 11-91, 5-92, & 21-92 & Res. No. 92-17) PRINTED ON RECYCLED PAPER Memo: Land Development Regulations April 1, 1993 Page 2 3. Remove and destroy entire Chapter 611, Building Code (one page) and replace with new Chapter (one page). (Ord. Nos. 9-92 & 20-92) 4. Remove and destroy entire Chapter 624, Flood Damage Prevention (11 double -sided pages) and replace with new Chapter (12 double -sided pages). (Ord. No. 7-92) 5. Remove and destroy Sec. 657.05-657.15 of Chapter 657, Tree Protection and Land Clearing (one double -sided page) and replace with one new double -sided page. (Ord. No. 6- 92) 6. Remove and destroy first two complete pages of Chapter 662, Concurrency Management and replace with two new pages. (Ord. No. 4-92) 7. Remove and destroy last two pages of Chapter 667, Wetlands Protection and replace with two new pages, Sec. 667.05 - 667.11. (Ord. No.4-92) 8. Remove and destroy Sec. 675.13 - 675.21 of Chapter 675, Litter and Waste (one double -sided page) and replace with one new (double -sided page). (Ord. No. 6-92) Upon completion of these steps, your Land Development Regulations Book will be up-to-date. If you should have any questions regarding this procedure, please contact my office at 868-1221. fgm Attachments MEMORANDUM FROM: RE: City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 September 12, 1991 Janet S. Leeser, City Clerk REVISIONS TO LAND DEVELOPMENT REGULATIONS Attached please find the revisions to the City of Cape Canaveral Land Development Regulations (Green Book) which have been adopted by the City Council since the book was first printed in June 1990. Listed below are the steps you need to take to update your copy of the LDR: 1. Remove and destroy Contents (one page) and replace with new page. 2. Remove and destroy entire Chapter 535, Sewer Impact Assessment (4 pages) and replace with new Chapter and Appendix (5 pages). [Ord.. No. 6-91, 7 May 91] 3. Remove and destroy entire Chapter 537, Impact Fees (one page) and replace with new page. [Ord. No. 27-90, 4 Sep 90] 4. Remove and destroy entire Chapter 611, Building Code (one page) and replace with new page. [Ord. No. 32-90, 3 Jan 91] 5. Remove and destroy Sec. 653.17-Sec. 653.24 of the Sign Code (2 pages) and replace with two new pages. [Ord. No. 33-90, 3 Jan 91] 6. Remove and destroy Sec. 660.03 of the Land Development Code (one page) and replace with new page. [Ord. No. 8-91, 21 May 91] 7. Insert new Chapter 668, Floodplain Protection (3 pages) in the appropriate place. [Ord. No. 25-90, 8 Nov 90] PRINTED ON RECYCLED PAPER y` REVISIONS TO LAND DEVELOPMENT REGULATIONS 1 September 12, 1991 Page 2 8. Insert new Chapter 670, Discharge of Waters and Wastes into City Sewer System (17 pages) in the appropriate place. [Ord. No. 5-91, 7 May 91] 9. Insert new Chapter 671, Sewer Service (4 pages) in the appropriate place. [Amended and placed in LDR by Ord. No. 15-90, 3 Apr 90] 10. Remove and destroy entire Chapter 685, Parking Regulations (one page) and replace with new page. [Ord. No. 9-91, 2 Jul 91] 11. Remove and destroy entire Chapter 713, Spill -over Lighting Control (one page) and replace with new page. [Ord. No. 24- 90, 5 Jun 90] Upon completion of these steps, your LDR Book will be up-to-date. Please do not hesitate to call me at 868-1221 if you have any questions regarding these revisions. net S. Leeser, City Clerk Attachments LAND DEVELOPMENT REGULATIONS CITY OF CAPE CANAVERAL F L_0 R I D A Preparation of this document was aided through financial assistance received from the State of Florida under the Local Government Land Development Regulation Assistance Program authorized by Chapter 89-253, Laws of. Florida, and Administered by the Florida Department of Community Affairs. ADOPTED ORDINANCE NO. 2-90 JANUARY 25, 1990 LAND DEVELOPMENT REGULATIONS CONTENTS TITLE CHAPTER AESTHETIC REGULATIONS 652 BEACHES AND DUNES BIRDS PROTECTED BUILDING CODE BUILDING PERMIT AND DEVELOPMENT FEES COASTAL CONSTRUCTION BUILDLNG CODE CODE_ENFORCEMENT BOARD CONCURRENCY MANAGEMENT SYSTEM FLOOD DAMAGE PREVENTION FLOODPLAIN PROTECTION GARBAGE AND TRASH REMOVAL 651 655 611 547 612 265 662 624 668 673 IMPACT FEES 537 LAND,DEVEL'OPMENT CODE LITTER AND .WASTE LOCAL. PLANNING AGENCY OFF -ROADWAY REGULATIONS PARKING REGULATIONS PLANNING &ZONING BOARD. .SEWAGE PRETREATMENT SEWER IMPACT ASSESSMENT SEWER SERVICE SIGN CODE - SPILL -OVER LIGHTING CONTROL STANDARD EXCAVATION AND GRADING CODE -STANDARD UNSAFE BUILDING ABATEMENT CODE STORMWATER MANAGEMENT STREETS, -ESTABLISHMENT SUBDIVISION OF LAND 'TREE PROTECTION AND LAND CLEARING WETLANDS PROTECTION ZONING REGULATIONS* 660 675 261 683 685 257 670 535 671 653 713' 625 620 664 501 503 657 667 631 *Published Under`Separate Cover. § 257.01 PLANNING & ZONING BOARD CHAPTER 257 PLANNING & ZONING BOARD § 257.02 Sec. 257.01 Membership of Board. A Board to be known as the "Planning and Zoning Board of the City of Cape Canaveral" is hereby established. The members of the Planning and Zoning Board shall serve without com- pensation. The Board shall consist of seven members. Five permanent members shall have full voting rights. Two alternate members shall be restricted from voting except as specified in § 257.08 hereof. A. The two permanent members whose terms presently expire on the third Tuesday in June 1974 are hereby reappointed to a new term expiring on September 15, 1974; one alternate member shall be appointed to a term expiring on the same date. B. The three permanent members whose terms pres- ently expire on the third Tuesday in June 1975 are hereby reappointed to a new term expiring on September 15, 1975; one alternate member shall be appointed to a term expiring on the same date. C. All terms of office thereafter shall be for two years. D. The two alternate Board members shall be appoin- ted as soon as practical after January 3, 1974. E. Appointments to the Board shall be made by majority vote of the City Council. F. The Board shall hold its organizational meeting at the first regular meeting after September 15th each year, and from its permanent membership elect its chair- man who shall hold office as chairman for a period of one year. [Ord. No. 53-73, § 1, 3 Jan 74] Sec. 257.02 Qualifications. Each person appointed to the Planning and Zoning Board of the City of Cape Canaveral shall meet the following qualifications. A. A registered voter of the City of Cape Canaveral. B. A resident of the City of Cape Canaveral for § 257.02 PLANNING & ZONING BOARD § 257.07 at least 12 months immediately preceding appointment. [Ord. No. 53-73, § 2, 3 Jan 74] Sec. 257.03 Ex-Officio Members. The Planning and Zoning Board may appoint ex-officio members who shall serve the Board in an advisory capacity. Each ex-officio member shall be appointed by majority vote of the Board and shall serve for a term to be deter- mined by the Board, but not to expire later than the 15th day of September. [Ord. No. 53-73, § 3, 3 Jan 74] Sec. 257.04 Qualifications of Ex-Officio Members. Ex-officio members of the Planning and Zoning Board of the City of Cape Canaveral shall be bonafide residents of Brevard County, but need not be a qualified voter of the City of Cape Canaveral. Ex-officio members shall be versed by education or experience in the field of municipal planning, zoning, or other specified areas in which their advice will be solicited. Ex-officio members shall not vote on matters before the Planning and Zoning Board, but shall serve the Board in an advi- sory capacity only. The City Council of the City of Cape Canaveral may provide funds for reasonable compen- sation for ex-officio members who do not desire to donate their services. Reimbursement for out-of-pocket expenses for ex-officio members may also be provided. [Ord. No. 53-73, § 4, 3 Jan 74] Sec. 257.05 Conflict of Interest. No member of the Planning and Zoning Board (permanent members, alternate member or ex-officio member), shall benefit, directly or indirectly in any matter coming before the Board; nor shall any such member accept personal gifts or gratuity services given with the intention of influ- encing such member in his consideration, vote, action, favor or recommendation as to an official matter before the Board. Any member of the Board who has an inter- est, direct or indirect, in any matter before the Board shall make his interest known to the full Board and forthwith disqualify .himself from consideration of the said matter. [Ord. No. 53-73, § 5, 3 Jan 74] Sec. 257.06 Rules of Procedure. The Planning and Zoning Board shall adopt its own Rules of Procedure, and rules of order by majority vote of the permanent Board. [Ord. No. 53-73, § 6, 3 Jan 74] Sec. 257.07 Quorum. Three voting members of the Planning and Zoning Board shall constitute a quorum, § 257.07 PLANNING & ZONING BOARD § 257.10 however, all official actions of the Board must be by majority vote of all voting members present, i.e., permanent members and/or voting alternate members. [Ord. No. 53-73, § 7, 3 Jan 74] Sec. 257.08 Alternate Members, Voting Rights. The Alternate Board Member whose term of office expires on September 15, 1975, shall be designated as First Alter- nate Board Member status by leaving the Board or by appointment as a Permanent Board Member, and there- after, the First Alternate Board member shall be that Alternate Board member with the longer service as an Alternate Member. The remaining Alternate Board Member shall be designated as the Second Alternate Board member. A. In the absence of a Permanent Board member from an official Board Meeting, the First Alternate Board Member shall assume all duties of the absent Permanent Board Member, including the right to vote on any matter before the Board at that meeting. If two or more Perma- nent Board members are absent from an official Board Meeting, the Second Alternate Member shall assume all duties of an absent permanent Member, including the right to vote on any matter before the Board at that Meeting. B. In the absence of the First Alternate Board Member from an official Board Meeting, the Second Alter- nate Board member shall act in the Place of the Absent First Alternate, including the right to vote on matters before the Board at that meeting if a Permanent Member is also absent at that meeting. [Ord. No. 53-73, § 8, 3 Jan 74] Sec. 257.09 Minutes. The Planning and Zoning Board shall designate a Secretary whose duties shall include the keeping of minutes of all the Board's meetings, and recording the Board's actions and recommendations. The City Clerk of the City of Cape Canaveral shall be custo- dian of all records of the Board and such records shall be maintained in City Hall, Cape Canaveral, Florida. [Ord. No. 53-73, . 9, 3 Jan 74] Sec. 257.10 Duties. The Planning and Zoning Board of the City of Cape Canaveral shall operate exclusively in an advisory capacity to the City Council and no ruling, decision or recommendation of said Board shall be binding on said Council. § 257.10 PLANNING & ZONING § 257.11 A. The Board shall perform such duties as are conferred on it by the Charter and Code of the City of Cape Canaveral and shall, from time to time, make studies on planning and zoning matters affecting the health, welfare, safety and morals of the people of the City of Cape Canaveral. B. No problem or situation relating to zoning shall be submitted to the City Council prior to being submit- ted to, and acted upon, by the Planning and Zoning Board of the City of Cape Canaveral. Such problems or situations relating to zoning shall include, but not be limited to, the following: - Changes in zone classification. - Changes in zoning district boundaries and zoning maps. - Review and revision of zoning sections. - Recommendation concerning a master plan and periodic review thereof. C. The Planning and Zoning Board shall make recom- mendations to the Board of Adjustment concerning Special exceptions and Variances in accordance with the Zoning Regulations of the City of Cape Canaveral. D. The Board Secretary shall, after each meeting of the Planning and Zoning Board, transmita copy of the Board's Minutes to each member of the City Council, the City Clerk, and the City Attorney. Such minutes shall include the Board's recommendations on any matter coming before it, including a short -statement setting forth the facts upon which the Board's recommendations were based as well as the Board's reasons for the said recommendation. [Ord. No. 53-73, § 10, 3 Jan 74] Sec. 257.11 Master Plan, Preparation and Scope The Planning and Zoning Board shall prepare a comprehensive master plan for the welfare, recreational, economic and physical development of the incorporated areas of the City of Cape Canaveral. The purpose of the master plan shall be to guide and accomplish a coordinated and harmonious development of the entire city, which will, in accordance with existing and future needs, best promote the public health, safety, convenience, prosper- ity and general welfare of the city as well as efficiency and economy in the process of city development. The master plan shall include a coordi- nated, uniform plan for: § 257.11 PLANNING & ZONING BOARD § 257.13 - Land use - Traffic circulation and roads - Public Utilities - Transportation - Public facilities, including schools, parks, playgrounds, and other public areas. - Long range program for public improvement. [Ord. No. 53-73, § 11, 3 Jan 74] Sec. 257.12 Master Plan, Preparation and Recommen- dation for Adoption. The master plan shall be prepared by the Planning and Zoning Board of the City of Cape Canaveral or under its direction. After review by the Board, its recommended master plan as a whole, or in geographic areas, shall be submitted to the City Council for adoption. The recommendation shall refer expressly to the maps, descriptive material and other matters intended to be part of the plan, all of which shall be identified by the signature of the Chairman of the Planning. and Zoning Board, together with the date thereof. A. The master plan recommendation, in whole or in part, shall require majority vote of the Planning and Zoning Board, as specified in § 257.07 hereof. B. Before adoption of the plan, or any portion thereof, a public hearing shall be held by the City Council at which all persons shall have an opportunity to be heard. At least fifteen days notice of the time and place of such public hearing and its purpose shall be published in a daily newspaper of general circula- tion in the City of Cape Canaveral. [Ord. No. 53-73, § 12, 3 Jan 74] Sec. 257.13 Master Plan, Approval by City Council. The master plan or such portions thereof as may be recommended to the City Council by the Planning and Zoning Board shall be formally acted upon by the City Council within ninety (90) days from the date of such submission. Any master plan, or part thereof, which is disapproved by the City Council shall be referred back to the Planning and Zoning Board for further consider- ation and study, with or without recommendations. [Ord. No. 53-73, § 13, 3 Jan 74] § 257.14 PLANNING & ZONING § 257.14 Sec. 257.14 Master Plan, Dissemination of Copies. Upon adoption by the City Council and compliance with § 257.11, 12 and 13 hereof,, the master plan or part thereof, shall be disseminated. Copies shall be furnished to the City Clerk, City Attorney, Building Official, Department of Public Works, and any other department concerned. [Ord. No. 53-74, § 14, 3 Jan 74] f § 261.01 LOCAL PLANNING AGENCY CHAPTER 261 LOCAL PLANNING AGENCY § 261.03 Sec. 261.01 Designation and Establishment of Planning Agency. Pursuant to and in accordance with the provisions of Section 163.3174, Florida Statutes, the Local Government Comprehensive Planning Act of 1975,.the five regular and two alternate members of the Planning and Zoning Board of the City of Cape Canaveral, Florida are hereby designated and established as the Local Planning Agency for the City of Cape Canaveral, Florida. Hereinafter, the five regular and two alternate members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, Wand the two delegates at large shall be referred to as 'the Local Planning Agency. [Ord. No. 11-78, § 1, 5 Sep 78; Ord. No. 17-85, § 1, 19 Mar 85] Sec. 261.02 Duties and Responsibilities of Local Planning Agency. The local planning agency, in accord- ance with the provisions of Section 163.3161 through 163.3211, Florida Statutes, shall: A. Assume the general responsibility for the conduct of the comprehensive planning program and the preparation of the comprehensive plan for Cape Canaveral. B. Coordinate the comprehensive plan of Cape Canaveral or elements or portions thereof with the com- prehensive plans of other local governments and the State of Florida. C. Recommend the comprehensive plan of Cape Canaveral or elements or portions thereof to the City Council of the City of Cape Canaveral, Florida, for adoption, and; D. Monitor and oversee the effectiveness and status of the comprehensive plan of Cape Canaveral and recom- mend to the City Council of the City of Cape Canaveral, Florida, such changes in the comprehensive plan as may from time to time be required. [Ord. No. 14-76, § 2, 6 Jul 76] Sec. 261.03 Designation of Agency, Department, Com- mittee or Person to Prepare Comprehensive Plan. The § 261.03 LOCAL PLANNING AGENCY § 261.07 City Council of the City of Cape Canaveral, Florida in cooperation with the Local Planning Agency, may designate any agency, department, committee, or person to prepare the comprehensive plan for the City of Cape Canaveral, Florida, or any element thereof under the supervision and direction of the Local Planning Agency. [Ord. No. 14-76, § 3, 6 Jul 76] Sec. 261.04 Organization, Rules and Procedures of the Agency. The initial and subsequent members of the Local Planning Agency shall be appointed, shall select their officers and shall follow such rules of procedure as established in Ordinance No. 53-73, of the City of Cape Canaveral, Florida, and in the Ordinance adopted by the City Council of Cape Canaveral, Florida on January 3, 1974 establishing the policies and rules of procedure for the Planning and Zoning Board, or as established in subsequent resolution or ordinance adopt- ed from time to time by the City Council of Cape Canaveral, Florida. [Ord. No. 14-76, § 4, 6 Jul 76] Sec. 261.05 Public Meetings and Records. All meetings of the Local Planning Agency shall be open to the public and all records of such agency shall be public records. [Ord. No. 14-76, § 5, 6 Jul 76] Sec. 261.06 Funding. The City of Cape Canaveral shall appropriate funds at its discretion for salaries of staff, fees and expenses necessary in the conduct of the work of the Local Planning Agency and also estab- lish a schedule of fees to be charged by the agency. [Ord. No. 14-76, § 6, 6 Jul 76] Sec. 261.07 Severability. The provisions of this chapter shall be deemed to be separate and independent of all other provisions herein, and if any provisions of this chapter are declared invalid or void for any reason, the invalidity thereof shall not affect the validity of the remaining portion hereof. [Ord. No. 14-76, § 7, 6 Jul 76] S 265.01 CODE ENFORCEMENT BOARD S 265.07 CHAPTER 265 CODE ENFORCEMENT BOARD Sec. 265.01 Code Enforcement Board Created. A Code Enforcement Board is hereby established pursuant to the authority granted by Chapter 162, Florida Statutes, or any successor statute. (Ord. No. 1-93, S 1, 30 Mar 93) Sec. 265.03 Membership. The City Council shall appoint members of the Code Enforcement Board in accordance with the terms of Section 162.05, Florida Statutes or any successor statute. (Ord. No. 1-93, S 1, 30 Mar 93) Sec. 265.05 Duties, Responsibilities and Powers. The Code Enforcement Board shall have duties, responsibilities and powers as set forth, and shall be governed in all respects, by Chapter 162, Florida Statutes, or any successor statute, and shall have the power to hear appeals as otherwise set forth in the City Code of Ordinances. (Ord. No. 1-93, S 1, 30 Mar 93) Sec. 265.07 Prosecution of Violations with No Criminal Penalty. Any violation of the City Code of Ordinances which the City elects to prosecute before the Code Enforcement Board shall have no criminal penalty as to said violation. (Ord. No. 1-93, S 1, 30 Mar 93) Chapter Revised Ord. No. 1-93 March 30, 1993 501.01 STREETS CHAPTER 501 STREETS S 501.03 Sec. 501.01 Authority to Plan Streets. This Chapter is adopted pursuant to the provisions of Florida Special Acts, Chapter 63-1144. The purpose of these sections is to formulate and propose the reserva- tion of locations for proposed future streets in connection with the preparation of the comprehensive plan or portions thereof. The Planning and Zoning Board of the City of Cape Canaveral, Florida, is hereby designated as the planning commission provided for in said Special Acts. [Ord. No. 24-72, § 1, 2 Jan 73] Sec. 501.02 Legal Status of Comprehensive Plan. Whenever a comprehensive plan for the area, or a por- tion of such plan corresponding generally with a functional subdivision of the subject matter or a geo- graphic subdivision of the area has been adopted by the Planning and Zoning Board and approved by the City Council, then and thenceforth no street, park or other public way, ground, place or space, and no public building or structure shall be constructed, altered or authorized in the area until and unless the location and extent thereof shall have been submitted to the Planning and Zoning Board for report on its approval or disapproval, including the reasons therefor. Within thirty (30) days after the request for such report has been received by the Planning and Zoning Board or with- in such other time limit as shall be agreed upon either such report shall be made or failure of the said Board to act shall be deemed approval. The Planning and Zoning Board's report may be overruled by a majority vote of the entire membership of the City Council. [Ord. No. 24-72, § 2, 2 Jan 73] Sec.. 501.03 Reservation of Location of Mapped Streets for Future Public Acquisition. After adoption of that portion of the comprehensive plan involving a major street plan for an area, the City Council may direct the Planning and Zoning Board to make or cause to be made surveys for the exact location of the lines of a street or streets in any portion of the area and to make a plat of the territory thus surveyed, showing the land which it recommends be reserved for future acquisition for public streets. 501.03 STREETS § 501.03 A. The Planning and Zoning Board, before adopting any such plat, shall first obtain the approval of the City Engineer and the City Planner, then hold a public hearing thereon with due public notice. After such hearing the Planning and Zoning Board may transmit the plat as originally made, or modified to the City Coun- cil, together with the Planning and Zoning Board's estimate of the time or times within which the lands shown on the plat as streets location should be acquired by the City. Thereupon, the City Council may approve and adopt or may reject any such plat, or may modify it with approval of the Planning and Zoning Board, or in the event of the Planning and Zoning Board's disapproval of the modification, the City Council, may, by a favorable vote of not less than four - fifths (4/5) of its entire membership, modify such plat and adopt the modified plat. In the Chapter adopting such plat the City Council shall fix the period of time for which the street locations shown on the plat shall be deemed reserved for future taking or acquisition for public use. Said period of time not to exceed twenty (20) years. Upon such adoption, the City Clerk shall transmit for recording in the public records, one approved copy of the plat to the Clerk of the Circuit Court of Brevard County and retain one copy for the purpose of public examination. B. Such approval and adoption of a plat shall not be deemed the opening or establishment of any street, nor the taking of any land for street. purposes nor public use, nor as a public improvement, but solely as a reservation of the street locations shown thereon, for the period specified in Chapter of the governing body .for future taking or acquisition for public use. The Planning and Zoning Board or any other official or agency of the City may, at the direction of the City Council, negotiate for or secure from the owner or owners of any such lands releases of claims for damages or compensation for such reservation or agreements indemnifying the City for such claims by others, which releases or agreements shall be binding upon the owner or owners executing the same and their successors in title. C. At any time afterthe filing of a plat with the Clerk of the Circuit Court or other recording official, and during the period specified for the reservation, § 501.03 STREETS § 501.04 the Planning and Zoning Board acting upon the instruc- tions of the City Council and the owner of land containing a reserved street location may agree upon a modification of the location of the lines of the proposed street, such agreement to include a release by said owner of any claim for compensation or damages by reason of such modifications; and thereupon the Planning and Zoning Board may make a plat corresponding to the said modification and transmit the same to the City Council and if such modified plat be approved by the City Council the City Clerk shall transmit for recording an approved copy thereof to the Clerk of the Circuit Court and said modified plat shall take the place of the original plat. D. After obtaining recommendations from the Planning and Zoning Board and holding public hearings with due notice, the City Council may abandon or amend any reservation and shall certify such abandonment or amendment to the County Clerk or other recording offi- cial. [Ord. No. 24-72, § 3, 2 Jan 73] Sec. 501.04 Buildings in Reserved Street Locations. After street locations have been reserved, as indicated in § 501.02, no building permit shall thereafter be issued for construction or alteration of any building in the bed of any such street, nor shall any building be in the bed of any street, nor shall any buildings be built therein; provided, however, that if the land with- in such mapped street is not yielding a fair return on its value to the owner, the Planning and Zoning Board shall have power in a specific case by the vote of a majority of its members to recommend to the City Council that a special permit be issued for a building in such street which will as little as practicable increase the cost of opening such street or tend to cause a change in the comprehensive plan, and such board may recommend reasonable requirements as a condi- tion of granting such special permit. Before taking any action authorized in this Section, the Planning and Zoning Board shall hold a public hearing and with due public notice, at which parties in interest and others shall have an opportunity to be heard, and thereafter the recommendations of the said Board shall be submit- ted to the City Council for determination. [Ord. No. 24-72, § 4, 2 Jan 73] 501.05 STREETS § 501.06 Sec. 501.05 Closing and Abandonment of Streets; Authority. A. The City Council, with respect to property under its control, may in its own discretion, and of its own motion, or upon the request of, any agency of the state, county, or of the federal government, or upon petition of any person or persons, is hereby authorized and empowered to: 1. Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any por- tion thereof, other than a state, county, or federal highway or road, and to renounce and disclaim any right of the city and the public in and to any land in connection therewith; 2. Renounce and disclaim any right of the city and the public in and to any land, or interest there- in, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state, county, and federal highway; and 3. Renounce and disclaim any right of the city and the public in and to land, other than land con- stituting, or acquired for, a state, .county or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. B. The City Council, upon such motion, request or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the author- ity granted in this section. [Ord. No. 23-63, § 2, 19 Dec 63] Sec. 501.06 Closing and Abandonment of Streets; Publication of Notice. Before any such street shall be closed and vacated, or before any right of interest or the city or public in any land delineated on any record- ed map or plat as a street shall be renounced and disclaimed, the Council shall hold a public hearing, and shall publish notice thereof, one time, in a news- paper of general circulation in such city at least two weeks prior to the date stated therein for such hearing. After such public hearing, any action of the Council, 501.06 STREETS C 501.07 writing and as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the City Council. The request of any agency of the state, county, or of the United States, or of any per- son, to the City Council to take action shall be in shall be in writing and shall be spread upon the minutes of the City Council; provided, however, that the City Council of its own motion and discretion, may take action for the purposes hereof. Notice of adoption of such a resolution by the City Council shall be published one time, within thirty days following its adoption, in one issue of a newspaper of general circul- ation in the City. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the: notice of the adoption of such resolution shall be recorded in the deed records of the county. [Ord. No. 23-63, § 3, 19 Dec 63] Sec. 501.07 Civil Liability for Damage to Municipal Streets. Any person or entity is civilly liable to the City of Cape Canaveral for the actual damage to a street in the municipality by reason of their negligent or wrongful act; such damage may be recovered by suit including reasonable attorneys' fees in the collection of said damage. [Ord. No. 9-89, § 1, 15 Aug 89] § 503.01 SUBDIVISION OF LAND CHAPTER 503 SUBDIVISION OF LAND § 503.02 Sec. 503.01 Declaration of Purpose. The City Council of the City of Cape Canaveral, Florida, hereby delegates to the Planning and Zoning Board of the City, the powers herein expressed. The procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, adopted and prescribed by this chapter, are hereby found by the Council to be neces- sary and appropriate in order to provide for economical and sufficient streets with adequate widths and with proper alignment and grades designed to promote the public safety, health and general welfare, to provide for suitable residential neighborhoods with adequate streets and utilities and other improvements and facili- ties and appropriate building sites, to save unnecessary expenditures of public funds by initial proper construction thereof, and to provide proper land records for the convenience of the public and for improved identification and permanent location of real estate boundaries. These requirements are the minimum deemed necessary for the protection of the public health, safety and welfare. [Ord. No. 12-62, 6 1, 17 Oct 62; Ord. No. 7-84, § 1, 1 May 84] Sec. 503.02. Definitions. For the purpose of this chapter, certain words and terms used herein are defined as follows: Alley - A minor roadway which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. Board - The Cape Canaveral Planning and Zoning Board of ER -City of Cape Canaveral, Florida. Bridge - A structure erected over a depression or an obstacle as over a river, canal or street, and carrying a roadway for passenger or vehicle traffic. Bulkhead - Aretaining wall or structure designed to prevent the erosion of land by water action. § 503.02 SUBDIVISION OF LAND § 503.02 Bulkhead Line - An artificial line established in or along a river, watercourse, or body of water designating the maximum distance or limit that land filling will be permitted. Canal - An artificial watercourse, trench or ditch in the earth for confining water to a defined channel. City - The City of Cape Canaveral, Florida. Comprehensive Plan - A plan, which may consist of several maps, data and other descriptive matter, for the physical development of the City or any portion thereof, including any amendments, extensions or addi- tions thereto adopted by the City Council, indicating the general locations for major roads, parks or other public open spaces, public building site, routes for public utilities, zoning districts or other similar information. Council - The City Council of the City' of Cape Canav� Florida. Cul-de-sac - A street having one open end and being permanently terminated by a vehicular turn -around. Dedication - The deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Easement - A right-of-way granted for limited use of private property for a public or quasi -public purpose. Finger - A manmade portion of land nearly surrounded by water, consisting of a roadway ending in a cul-de- sac and lots on both sides of the road; the lots abut the roadway and the water. Lot - A tract or parcel of land identified as a single unit in a subdivision. A. Lot Depth: A distance measured in the mean direction of the sidelines of the lot from the midpoint of the front lot line to the midpoint of the opposite main rear line on the lot. § 503.02 SUBDIVISION OF LAND § 503.02 B. Lot Width: The mean horizontal distance between the side lines measured at right angles to the depth. Retainer Wall - See Bulkhead. Right -of -Way - Land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Street - The term "street" means a public way for vehicular traffic whether designated as a street, high- way, thoroughfare, parkway, thruway, road, boulevard, lane, place, or however designated. A. Arterial Streets and Highways: Those which are used primarily for through traffic. B. Collector or Feeder Streets: Those which carry traffic from minor streets to the major system of arter- ial streets or highways, including the principal entrance streets of residential development and streets for circulation within such a development. C. Marginal Access Streets: Minor streets which are parallel and adjacent to arterial streets and high- ways and which provide access to abutting properties and protection from traffic. D. Minor Streets: Those which are used primarily for access to abutting property. E. Expressways: Streets or highways intended for fast and heavy traffic traveling a considerable distance on which points of ingress or egress and crossings are controlled, limited or separated. F. Half -Street: A street generally parallel and adjacent to the boundary of a tract, having a lesser right-of-way width than required for a full width of the type involved. Sketch -Plan - An informal plan indicating the salient existing features of the site and its sur- roundings as described in §. 503.03 and the general layout of a proposed subdivision. Sight Distance - The minimum, extend of an unobstruc- ted forward vision (in a horizontal plane) along a § 503.02 SUBDIVISION OF LAND street from a vehicle located at any given street. §, 503.03 point, on a Subdivider - A person, firm or company who under- takes the activities covered by these regulations, particularly the drawing up of a subdivision plat showing the layout of the land and the public improvements involved therein. Inasmuch as the subdiv- ision plat is merely a necessary means to the end of assuring a satisfactory development, the term "subdivider" is intended to include the term "developer", even though the persons involved in successive stages of the project may vary. Subdivision - The term "subdivision", as used herein, means the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land. The term "subdivision" includes resubdivision and replat- ing, and when appropriate to the context, shall relate to the process of subdividing, or the land subdivided. Utilities - The term utilities shall mean water, sewage, drainage, electric light and power, telephone and gas lines. [Ord. No. 12-62, § 2, 17 Oct 62; Ord. No. 7-84, § 2, 1 May 84] Sec. 503.03 Preliminary Plat. A. Preliminary Plat Information Required. The following information shall be provided to the City of Cape Canaveral ten (10) days prior to the meeting at which the Preliminary Plat will be reviewed by the Board. 1. Location Map showing the site in relation to the existing community, including the name of the development and its location and main traffic arteries. 2. Topographic Map showing the proposed layout of the* streets, utilities, lots and other features in relation to the existing conditions on a topo- graphic survey. 3. Preliminary Plat sufficiently completed to be recorded, showing easements, etc. § 503.03 SUBDIVISION OF LAND § 503.05 4. Other Preliminary Plans, consisting of profiles showing existing ground surfaces and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross sections of the proposed grading, roadway and sidewalks, preliminary plan of proposed sanitary sewers with grades and sizes included. 5. Draft of Protective Covenants whereby the Subdivision proposes to regulate land use in the subdivision and otherwise protect the proposed development. If there is to be a Homeowner's Associ- ation established, then copies of the Articles of Incorporation and the Bylaws shall be provided. 6. There shall be eight (8) copies of the above documents provided by the subdivider. B. City Review. Upon the documents being presented to the City of Cape Canaveral, the Building Official shall review and forward to the City Engineers a copy of the Location Map, Topographic Map, Preliminary Plat and such other documents as he deems appropriate to enable the City Engineer to review the subdivision and either approve the subdivision or point out areas that are inadequate or improper. The City Attorney shall review the Protective Covenants, Articles of Incorpora- tion and Bylaws and shall make recommendations, if necessary. C. Board Procedure. The Board shall review the Preliminary Plat and other material submitted for conformity with the Code and may negotiate on changes deemed advisable, shall either express its approval or disapproval within thirty (30) days. All recommen- dations, conditions and changes shall be noted on two (2) copies of the Preliminary Plat by the Chairman of the Board or his substitute. [Ord. No. 12-62, § 3, 17 Oct 62; Ord. No. 7-84, § 3, 1 May 84] Sec. 503.05 Procedure for Approval of Final Plat. A. General. 1. The Final Plat shall conform substantially to the Preliminary Plat as approved, and if desired by the subdivider, it may constitute only that § 503.05 SUBDIVISION OF LAND § 503.05 portion of the approved Preliminary Plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. 2. Application shall be made for Final Plat approval two (2) weeks prior to the meeting at which it is to be considered. 3. Eight copies of the Final Plat exhibits required for approval shall be prepared as specified by the Code Chapter and by State Statute within six (6) months of approval of the Preliminary Plat, or the Preliminary Plat approval shall be null and void. For good cause, the Board may grant one six-month extension. 4. The developer must record the Plat with Bre- vard County, and supply the City with written proof of the recording, before a Certificate of Occupancy will be granted. B. Requirements for Final Plat Approval. The fol- lowing items shall be required before Final Plat approval can be granted. 1. Certificate from City Engineer certifying proposed subdivision is acceptable. 2. Either an irrevocable letter of credit, bond, or certified check which will enable all unfinished improvements to be accomplished by the City, if need be. 3. Protective Covenants in form for recording, if required. 4. Other data as may be necessary which shall be determined by the Board. C. Recommendations of the Board. When all require- ments have been satisfied, the Board will vote to recommend approval or disapproval of the plat, and these recommendations will be submitted to the City Council at their next regularly scheduled Council meeting. The City Council shall vote, in Resolution form, to either accept or reject the Board's recommen- dation. [Ord. No. 12-62, § 2, 17 Oct 62; Ord. No. 7- 84, § 5, 1 May 84, Ord. No. 16-87, § 1, 19 May 87] 6 § 503.07 SUBDIVISION OF LAND § 503.07 Sec. 503.07 Preliminary Plat Approval, Plats and Data. A. Topographic Data as required as a basis for the Preliminary Plat in paragraph B below shall include existing conditions as follows, except when otherwise specified by the Board. 1. Boundary Lines: bearings and distances. 2. Easements: location, width and purpose. 3. Streets: on and adjacent to the tract; name and right-of-way width and location; type, width and elevation of surfacing; any legally established center -line elevations; walks; curbs; gutters; culverts, etc. 4. Utilities: on and adjacent to the tract; location and size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and street lights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers. 5. Ground Elevations: on the tract, based on a datum plane approved by the City Engineer: for that land that slopes less than approximately two percent (2%), show spot elevations at all break in grade, along all drainage channels or swales and at selected points not more than 100 feet apart'in all directions; for land that slopes more than approxi- mately two percent (2%), either show contours with an interval of not more than five (5) feet if ground slope is regular and such information as is sufficient for planning purposes, or show contours with an interval of not more than two (2) feet, if necessary, because of irregular land or need for more detailed data for preparing plans and construc- tion drawings. 6. Subsurface Conditions on the Tract: loc- ation and results of tests made to ascertain subsurface soil, rock and ground water conditions; § 503.07 SUBDIVISION OF LAND 6 503.07 depth to ground water unless test pits are dry at a depth of five feet; location and results of soil percolation tests if individual sewage disposal systems are proposed. 7. Other Conditions on the Tract: water courses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in dia- meter, houses, barns, shacks and other significant features. 8. Other Conditions on Adjacent Land: approxi- mate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land; for abutting platted land refer to subdivision plat by name, recording date, and number, and show approximate percent buildup, typical lot size and dwelling type. 9. Zoning on and adjacent to the tract. 10. Proposed Public Improvements: highways or other major improvements planned by public authorities for future construction on or near tract. 11. Key Plan: showing location of the tract. 12. Photographs of the tract, at the request of the Board. 13. Title and Certificates: Present tract desig- nation according to official records in office of appropriate recorder; title under which proposed subdivision is to be recorded with names and addresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered civil engineer or surveyor, date of survey. B. Preliminary Plat (general subdivision plat) shall be at 'a scale of one hundred (100) feet to one (1) inch or larger. It shall show all existing condi- tions required in subsection A above, "Topographic Data" and shall show all proposals including the following: 503.07 SUBDIVISION OF LAND S 503.07 1. Streets: names, right-of-way and roadway width; approximate grades and gradient; similar data for alleys, if any. 2. Other right-of-way or easements: location, width and purpose. 3. Location of Utilities: if not shown on other exhibits. 4. Lot Lines, lot numbers and block numbers. 5. Public Use Sites, if any, to be reserved or dedicated for parks, playground or other public uses. 6. Other Sites, if any, for multi -family dwellings, shopping centers, churches, industry or other non-public uses, exclusive of single-family dwellings. 7. Setbacks, minimum building setback lines. 8. Size Data: including number of residential lots, typical lot size and acres in parks, etc. 9. Owner, scale, north arrow and date. 10. Vicinity Map: approximately 3-1/2 inches x 3-1/2 inches in size, showing the site in relation to the existing community. C. Other Preliminary Plans. The Preliminary Plat shall be accompanied by profiles showing existing ground surface, or proposed elevations of fill, and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical, cross sections of the proposed grading, roadway and sidewalk; the preliminary plan of proposed sanitary and storm water sewers with grades and sizes indicated. All elevations shall be based on a datum plane as projected from known benchmarks as listed by location and elevation in the State of Florida Department of Conservation geological Bulletin #32, "Elevations in Florida", or by the Coastline Geodetic Survey U.S. Department of the Interior. In addition, at the discretion of the Planning and Zoning § 503.07 SUBDIVISION OF LAND § 503.08 Board, a traffic impact survey or analysis may be required. [Ord. No. 12-62, § 7, 17 Oct 62; Ord. No. 7- 84, § 7, 1 May 84; Ord. No. 7-86, § 1, 18 Mar 86] Sec. 503.08 Plats and Data for Final Approval A. The Final Plat shall be drawn by the subdivider to conform to the requirements of the City Council and the Board of County 'Commissioners of Brevard County, Florida, for approval and filing with the County Clerk. Six transparencies or printable copies of the Final Recorded Plat shall be prepared by the subdivider for the Records of the City of Cape Canaveral, Florida, and shall be submitted to the City Clerk with all approp- riate fees to enable the City Clerk to record the documents in the Public Records of Brevard County. 1. Primary Control Points or descriptions and "ties" to such control points, to which all dimen- sions, angles, bearings and similar data on the plat shall be referred. 2. Tract Boundary. Lines, right-of-way lines of streets, easements and other right-of-way, and pro- perty lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles, and radii, arc, and central angles of all curves. 3. Name and Right -of -Way Width of each street or other right-of-way. 4. Locations, dimension and purpose of any easements. 5. Number to identify each lot and block. 6. Purpose to which sites are dedicated or reserved. 7. Minimum Building Setback Line on all lots and other. sites. 8. Location and Description of monuments. 9. Names of Record Owners of adjoining unplat- ted land, at the option of the Board. § 503.08 SUBDIVISION OF LAND 6 503.09 10. Reference to recorded subdivision plats of adjoining platted land by record name, date and number. 11. Certification by Registered Surveyor or registered engineer certifying to accuracy of survey or plat. 12. Certification of Title showing that appli- cant is the land owner. 13. Dedication Statement by Owner dedicating streets, rights -of -way, including waterways and all sites for public use. 14. Title, Scale, North Arrow and Date on each sheet. 15. Certification of Approval by the Board Council. R. Cross Sections and Profiles of Streets, showing grades approved by the City Engineer. The profiles shall be drawn to City standard scales and elevations, and shall be based on a datum plane approved by the City Engineer. [Ord. No. 12-62, § 8, 17 Oct 62; Ord. No. 7-84, § 8, 1 May 84] Sec. 503.09 Required Improvements. A. Permanent Markers. 1. Within thirty (30) days after the approved Final Plat has been filed and recorded in the Office of the Brevard County Clerk, the subdivider, or property owner, shall cause a registered surveyor to install permanent concrete monuments to be erected on the corner .and end of all property to be dedica- ted to the City for streets, parks, playgrounds or other public purposes. He shall also install such monuments at corners of the blocks. 2. Where angles and curves occur in street or easement lines, such monuments shall be placed at all angle points, points of curve and points of tang- ency. When the aforesaid monuments have been installed, the registered surveyor shall notify the 503.09 SUBDIVISION OF LAND C 503.09 �w City Engineer who will then inspect the installation in the presence of the registered surveyor. If the work has been completed satisfactorily, in the opinion of the City Engineer, he will notify both the owner and the registered surveyor in writing that such work meets the requirements of this section. 3. The monuments must be of such material and size as approved by the City Engineer. 4. Iron pipes shall be placed at all lot cor- ners. B. Elevation Control. 1. Elevations are referred to .United States Coastal and Geodetic Datum. 2. One monument with bronze disk will be re- quired in each subdivision or at least one per fifty units in larger subdivisions. The location of the monuments must be approved by the City Engineer. 3. Specifications. A 3-inch flat, circular bronze disk, 3/16-inch thick with a one (1) by 2- 1/2-inch stem at the bottom of which is a base 1- 1/2-inches in diameter and 3/16-inch thick. This marker is cemented in a drill hole in solid rock, in a bridge abutment, or other permanent masonry structure. Inscription to read: Florida, B.M. No. , Elev. , and Cape Canaveral. C. Utility and Street Improvements. 1. Water Supply. All residential structures shall be connected to the City Water Supply. Additionally, fire hydrants shall be placed so that the area served must fall within 500 feet radium or 650 feet along the street. Minimum size of the fire hydrant main shall be six (6) inches and specifi- cations shall conform to American Water Works Association requirements. All public water plans and specifications must be approved by the City Engineer and the Florida Board of Health. 2. Publi.c Sewer plans and specifications must be approved by the City Engineer and the Florida Board of Health. } § 503.09 SUBDIVISION OF LAND § 503.09 3. Storm drainage, ground water drainage and other drainage improvements plans and specifications must be approved by the City Engineer. 4. Streets. a. Arterial streets across sections in accordance with the City Master Plan and as determined by the City Engineer and approved by the Planning and Zoning Board. b. Collector streets shall have a sixty (60) foot right-of-way, two (2) twenty (20A) foot pavements, four (4) foot separation strip, five (5) foot sidewalks on each side, or a sixty (60) foot right-of-way, forty (40) foot pave- ment, four (4) foot sidewalk on each side. c. Minor streets for row houses and apartments shall have a sixty (60) foot right- of-way, thirty-six (36) foot pavement, five (5) foot sidewalk on each side. For residences, minor streets shall have a fifty (50) foot right-of-way, twenty-four (24) foot pavement, five (5) foot sidewalk on each side. d. Marginal access, fifty (50) foot right- of-way, twenty-four (24) foot pavement, five (5) foot sidewalk on each side. e. Streets along development boundaries, and streets connecting a development with existing improved street systems require cross sections as determined by the City Engineer and approved by the Planning and Zoning Board. f. Alleys must be paved full width, twenty (20) feet minimum, as per approval of the City Engineer. g. Grades on streets require plans and profiles to be approved by the City Engineer. h. Radii of pavements at street inter- sections.shall not be less than 30 feet at edge of pavement or face of curb line. i. All right-of-way for streets, roads, and drainage easements are to be cleared for their § 503.09 SUBDIVISION OF LAND S 503.09 full width, and upon completion, left in a clean and neat condition and, if required to prevent erosion or excessive washing, said areas abutting the street and ditches to be sprigged with grass, or other protective measures taken as required by the City Engineer. j. All necessary drainage easements shall be furnished at no expense to the City. k. The developer shall give the City Engineer at least two weeks notice in writing by registered letter before the commencement of any construction. 1. The developer shall have available a qualified engineer or assistant for the purpose of setting all line and grade stakes when required by the contractor or inspector. m. The City of Cape Canaveral may have an inspector on the project when deemed necessary, by the City Engineer, during construction period and said inspector shall be authorized to enforce the construction of said work in accor- dance with the plans and specifications covering same, and that said inspector shall be furnished with a complete set of plans and specifications covering same, and that said inspector shall be furnished with a complete set of plans and specifications for this purporse. If any change is required in said plans during the period of construction, such changes must first be approved by the City Engineer. n. All pavement shall be not less than twenty-four (24) feet from roadside face of curb. o. All pavement shall be one of the following types, having a minimum thickness of six (6) inches, and as prescribed by the Brevard County Specifications, and no other: Limerock Stabilized Base. Limerock base will only be used in well drained areas not having a high or fluctuating water table. The area must be approved by the City Engineer. 503.09 SUBDIVISION OF LAND § 503.09 Soil -Cement Base. Design of the mixture shall be submitted to the City Engineer for approval before processing begins. Wet -dry test cylinders shall have a p.s.i. compression value of 300 pounds or greater at seven days. Sand Bituminous Road Mix. Design of the mixture shall be submitted to the City Engineer for approval before processing starts. The design will include the amount of bitumen by volume to be supplied per inch of depth per square yard of surface, the maximum obtainable density per cubic foot with optimum bitumen content. p. The pavement surface of streets shall have single, double or triple surface treatment as specified by the Florida State Road Depart- ment standard specifications for road and bridge construction and one -inch type I or type II minimum asphaltic concrete surface course, as specified by the Florida State Road Department standard specifications for road and bridge construction. q. Subgrade stabilization streets shall have a Florida Bearing Value (F.B.V.) of 40 pounds or greater to depth of six (6) inches. The subgrade shall be that portion of the road directly and through six (6) inches below the base course and the entire width of the road and extending six (6) inches back of the. curbs. If curbs are not used, the subgrade will be stabilized one (1) foot wider than the pavement on both sides. r. Intensity of Tests. Stabilized subgrade requires one (1) F.B.V. for every 600 square yards. Base course design for soil cement and sand bituminous road mix requires a test for every material change. Limerock base course requires a Proctor Test for every type of lime - rock. Asphaltic concrete surface course requires a design to be submitted for approval. A 2300 Hubbard -Field stability is required, as well as type 2, as prescribed by the State Road Department Specifications. § 503.09 SUBDIVISION OF LAMD 1 503.09 s. Curbs and gutters shall be raised curb of one of the following types and shall be constructed of class A concrete: (1) six-inch by sixteen -inch straight curb; (2) combination curb and gutter; (3) combination sloped curb and gutter sloped curb. t. Sidewalks. (1) Residential areas shall have a sidewalk no less than four (4) feet wide. (2) Arterial and collector streets shall have a sidewalk five (5) feet wide. (3) All sidewalks shall be class B concrete, four (4) inches thick, with 6 x 6 x 10 wire mesh, expansion joints at thirty (30) foot intervals and contraction joints scribed at five (5) foot intervals. (4) All sidewalks must be approved by the City Engineer. u. Driveway aprons shall be a minimum of six (6) inches thick, Class B concrete, with 6 x 6 x 10/10 wire mesh. Driveways shall be, a minimum of four (4) inches thick, Class B concrete, with a 6 x 6 x 10/10 wire mesh. v. Catch Basins and Drop Inlets shall be constructed of either Class A concrete or bricks. w. Drainage Pipe. x. Street Markers. The developer will fur- nish and install street markers at all. intersections. Such street markers will be of the quality and design as approved by the City Engineer. 503.09 SUBDIVISION OF LAND § 503.10 y. Seeding and Planting Median Strips. As per City specifications. D. Boundary Line Survey. 1. Closure. a. The angular error of closure shall not exceed one (1) minute times the square root of the number of observations. b. The linear error of closure shall not exceed one (1) foot in five thousand (5,000) feet. c. The closure error shall be adjusted by the transit method. 2. Marking Boundary Lines. Corners and/or angles in property lines shall be marked with 4" by 4" by 30" concrete monuments with 2-1/4" brass caps. The concrete monuments shall be reinforced with a No. 4 steel rod. 3. Computations. Two copies of computations of closure shall be submitted for the approval of the City Engineer. E. Specifications. The City Engineer is hereby empowered to develop, publish, apply and enforce regula- tions and all specifications and procedures required or necessitated by this Chapter. F. Final Acceptance of Work. 1. Maintenance will not be finally accepted by the City until all work is fully completed from right-of-way line and approved and certified by the City Engineer. 2. All construction shall be in accordance with the existing applicable State Road Department and Brevard County Road Specifications. [Ord. No. 7-86, 1, 18 Mar 86] Sec. 503.10 Blocks. A. The lengths, widths and shapes of blocks shall be determined with due regard to: § 503.10 SUBDIVISION OF LAND § 503.11 1. Provision of adequate building sites suit- able to the special needs ofthe type of use contemplated. 2. Zoning Requirements as to lot sizes and dimensions. 3. Needs for convenient access, circulation, control and safety of street traffic. 4. Limitations and opportunities of topography. B. Block lengths shall not exceed 1,800 feet, or be less than 500 feet. C. Pedestrian Crosswalks, not less than four (4) feet wide, shall be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. [Ord. No. 12-62, 17 Oct 62] Sec. 503.11 Lots. A. The size, width, depth, shape and orientation, and the minimum building setback lines shall be in conformity with the requirements of the City's Zoning Code. B. Lot Dimensions shall conform to the requirements. of the City's Zoning Code. 1. Residential lots, when not immediately serviceable by public sewer,. shall meet the minimum requirements of the City's Zoning Code. 2. Depth and width of properties reserved or laid out for multiple, commercial and industrial purposes shall be adequate to provide for off-street service and parking facilities required by the type of use and development contemplated. 3. Corner lots for residential use shall have extra width to permit appropriate building setback from, and orientation to both streets. C. The Subdividing of the land shall be such as to provide, by means of a public street, each lot with access to an existing public street. § 503.11 SUBDIVISION OF LAND § 503.13 D. Double Frontage and reverse frontage lots should be avoided unless essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topograph. and orientation. A planting screen easement of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. E. Side Lot Lines shall be substantially at right angles or radial to street lines. [Ord. No. 12-62, 17 Oct 62 ] Sec. 503.12 Easements. A. Easements across lots or centered on rear or side lot lines shall be provided for water, sewage and drainage where necessary and shall be at least ten (10) feet wide. B. Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of- way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection there- with, except in the case of "fingers". [Ord. No. 12- 62, 17 Oct 62] Sec. 503.13 Public Sites and Open Spaces. A. Where a proposed park, playground, school or other public use, as shown in a Comprehensive Plan or a General Community Plan, is located in whole or in part in a subdivision, the Board may require the dedication or reservation of such areas within the subdivision in those cases in which the Board deems such requirements to be reasonable. B. Where deemed essential by the Board, and as approved by the City Council, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the Comprehensive Plan, the Board may require the dedication or reser- vation of such other areas or sites of a character, § 503.13 SUBDIVISION OF LAND• § 503.15 extent and location suitable to the needs created by such development for schools, parks and other neighborhood purposes. [Ord. No. 12-62, 17 Oct 62] Sec. 503.14 Alleys A. Alleys shall be provided in commercial and industrial districts, except that the City may waive this requirement where other definite and assured provision is made for service access, such as off- street loading, unloading and parking, consistent with and adequate for the uses proposed. B. The width of an alley shall not be less than twenty (20) feet, and shall be paved full width. C. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement for trucks. D. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn -around facilities at the dead-end, as determined by the Board. [Ord. No. 12-62, 17 Oct 62] Sec. 503.15 Surface and Storm Drainage. A. Request for approval of Preliminary Plat plans shall be accompanied by a comprehensive study of the surface and storm drainage system. In making this study, the modified formula shall be used in computing the amount of storm water to be carried by the Drainage System. The formula to be used is as follows: Q = CIA, in which: Q = total storm water run-off C = a run-off co -efficient representing the ratio of run-off to rainfall I = intensity of rainfall, or rate of rainfall in inches per hour A = surfaced area in acres In the use of this formula, the following ratio of imperviousness Zoning classifications shall be taken: § 503.15 SUBDIVISION OF LAND § 503.15 Commercial Residential & Industrial Areas Parks & Undeveloped Areas 90% 40% 5% Since the co -efficient of run-off is a combination of these factors, together with other factors such as retention, imperviousness, etc., the following co- efficients of run-off may be used in the study. Co -efficient of Run-off "C" Duration of Storm (minutes) Area Commercial Residential Undeveloped 10 15 .548 .645 . 356 .440 . 237 .316 20 30 60 . 745 .836 .955 . 502 .576 .680 .369 .422 .522 120 .975 .740 .617 The design storm curve "I" to be used in these studies shall be in the five-year frequency curve based on the U.S. Weather Bureau and the U.S. Department of Agricul- ture data. In moderately sized developments, the rate of rainfall at the one -hour point may be used. For the City of Cape Canaveral this figure is approxi- mately three (3) inches per hour. Further, in using this formula, consideration can also be given to the fact that the water need not be entirely removed until three hours after the end of this one hour rainfall. The storm drainage plan may include the use of street curbs and gutters and open ditches as transportation arteries for the storm water, provided that the lengeth and grade of the street is not too great thereby permit- ting the accumulation of excessive amounts of water in the street proper. Culverts shall be used at all points where open ditches occur at street or drivewsay crossings. Underground storm sewers shall be used if the area to be drained is too large for normal sized drainage ditches. The decision in this respect shall be made by the Board upon the recommendation of the City Engineer. Outfall of the subdivision surface or storm drainage system shall be one of the following: 1. Prope,r connection between the new subdivi- sion drainage system and the existing City drainage system, if, in the opinion of the City Engineer, the existing City system is adequate. § 503.15 SUBDIVISION OF LAND § 503.15 2. Proper connection from the new subdivision to existing natural drainage, such as a creek, river, or low swampy areas adjacent to the subdivi- sion. 3. Proper connection from the new subdivision to an existing drainage ditch or canal of the City, County or Drainage District, provided written permis- sion has been secured from the political units having ownership of such drainage facility. 4. In the event none of the methods of disposal of the storm waters from the subdivision outlined above are readily accessible to the subdivision, it shall be the responsibility of the subdivider to provide a suitable outfall for the storm waters of the new subdivision by securing permanent easements or the purchase of right-of-way for the construction of a suitable underground storm drain through private property, so as to connect the subdivision storm drainage system with a.satisfactory disposal area. In addition, the cost of obtaining and installing such drainage right-of-way and structures shall be the responsibility of the developer. B. Materials for Storm Drainage Systems. 1. Pipe used in the construction of storm drainage systems shall be reinforced concrete, vitrified clay or bituminous coated corrugated metal pipe and pipe arch, or cast iron pipe conforming to the Florida State Road Department Standard'Specifi- cations April 1, 1954, Section 507, para. 507.1 through 507.8, inclusive. 2. Catch basins and manholes shall be either masonry or reinforced concrete Class B furnished with cast iron frame grating or cover, conforming to the Florida State Road Department Standard Specifi- cations April 1, 1954, Section 505, para. 505.1, Masonry Brick; Section 209, Structural Concrete, para. 209.1through 209.22; Section 520, Steel and Other Metals, para. 520.12, Frames and Gratings. 3. Minimum size of storm sewers or culverts shall be fifteen (15) inches. [Ord. No. 12-62, 17 Oct 62] § 503.16 SUBDIVISION OF LAND § 503.18 Sec. 503.16 Potable Water Systems. The subdivision shall be provided with an adequate potable water system designed by a registered engineer approved by the Florida State Board of Health and the City Engineer. The System shall be so sized as to provide adequate fire protection in compliance with the recommendations of the National Board of Fire Underwriters, for the initial and final plans of the subdivision. [Ord. No. 12-62, 17 Oct 62] Sec. 503.17 Sanitary Sewer System. The subdivision shall be provided with a sanitary sewer collection system including interceptor sewers, lift stations and such appurtenances as to deliver the sewage to the sani- tary sewer system of the City of Cape Canaveral at a convenient point of connection. The sanitary sewer system shall be designed by a registered engineer and approved by the Florida State Board of Health and the City Engineer. [Ord. No. 12-62, 17 Oct 62] Sec. 503.18 Streets, Roads and Alleys. Streets, roads and alleys as shown on the Final Plat will require curbs and gutters, and driveway turnouts shall be constructed, all in conformity with specifications herein outlined. A. General Plan. The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and shall be consid- ered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. B. Where such is not shown in the Comprehensive Plan, the arrangement of streets in subdivisions shall either: 1. Provide for the continuation or projection of existing. principal streets in surrounding areas, or 2. Conform to a plan for the neighborhood approved or adopted by the Board to meet a parti- cular situation where . topographical or other conditions make continuance or conformance to existing streets impracticable. 503.18. SUBDIVISION OF LAND § 503.18 C. Minor streets shall be so laid out that their use by through traffic will be discouraged. D. Where a subdivision abuts or contains an existing or proposed arterial street the Board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the real property line, deep lots with rear service alleys, or such other treatment as may be neces- sary for adequate protection of residential properties and to afford separation of through and local traffic. E. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right- of-way, the Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. F. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Board. G. Street jogs, with centerline offsets of less than one hundred twenty-five (125) feet, shall be avoided. H. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets. I. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than seventy-five (75) feet for minor and collector streets, and of such greater radii as the Board shall determine for special cases. J. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than sixty (60) degrees. § 503.18 SUBDIVISION OF LAND § 503.18 K. Property Lines at street intersections shall be rounded with a radius of twenty five feet, or of a greater radius where the Board may deem necessary. The Board may permit comparable cut-offs or chords in place of rounded curves. L. Street right-of-way widths shall be as shown in the Comprehensive. Plan and where not shown therein shall be not less than as shown on the following tabula- tion. Street Type Right -of -Way in Feet Arterial 100' Collector 60' Minor for row houses & apts 60' Minor for other residences 50' Marginal access 50' M. Half streets shall be prohibited, except where essential to the reasonable development of the subdivi- sion in conformity with the other requirements of these regulations, and where the Board finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. N. Dead-end streets, designed to be so permanently, shall not be longer than five hundred (500) feet, except on "fingers", and shall be provided at the closed end with a turn -around having an outside roadway diameter of at least eight (80) feet, and a street property line diameter of at least one hundred (100) feet. 0. No street names shall be used which will dupli- cate or be confused with the names of existing streets. Street names shall be subject to the approval of the Board. P. No street grades shall be less than 0.20 percent. Q. Grass drainage swales and paved entrance driveways: An exception to .the requirement for street curbs may be made in those instances where it can be § 503.18 SUBDIVISION OF LAND § 503.21 shown by the detailed plans and specifications prepared by a registered engineer, that the street grades and drainage swales grades will not be less than 0.6% and the storm and surface drainage plan prepared will be adequate and comparable with that designed for curbed streets and roads; and further, that the use of these grassed drainage swales in lieu of curbs has been previously approved by the City Engineer and the Board. [Ord. No. 12-62, 17 Oct 62] Sec. 503.19 Streets, Roads and Alleys - Technical Specifications and Construction Methods. A. Streets, roads and alley construction materials shall conform to the Standard Specifications for Road and Bridge Construction of the Florida State Road Department, of the latest issue at the time of the subdivision Application for Plat Approval as follows: Sec. 20 Sec. 21 Sec. 23 Sec. 36 Sec. 54 Sec. 59 Sec. 106 Sec. 107 Sec. 100 Sec. 102 Sec. 129 Sec. 315 Sec. 337 Clearing and Grubbing Removal of Existing Structures Excavation and Embankment Stabilized Road Bed Limerock Base Soil -Cement Base Sand Bituminous Road Mix Sand Bituminous Road Mix Prime and Tack Coat for Bases Bituminous Surface Treatment Asphaltic Concrete Surface Type #2 Concrete Curb, Concrete Curb and Gutter, Concrete Valley Gutter Grassing and Mulching [Ord. No. 12-62, 17 Oct 62] Sec. 503.20 Bridges. Fixed span bridges shall be constructed at a he ght of not less than eight (8) feet above mean high water level and shall be constructed from plans and specifications prepared by a registered engineer and approved by the City. No road or bridge between "fingers" shall be constructed which will pre- clude access to the channel of the Banana River, as established by the U.S. Corps of Engineers. [Ord. No. 12-62, 17 Oct 62] Sec. 503.21 Canals. A. The arrangement, character, extent, width and location of all canals constructed by the subdivider u '. § 503.21 SUBDIVISION OF LAND § 503.25 shall conform to the Comprehensive Plan and shall be considered in their relations to existing and planned canals, rivers and waterways, to public convenience and safety, and their appropriate relation to the proposed uses of the land to be served by such canals. The mini- mum width of any canal or waterway shall be one hundred (100) feet. B. Where such is not shown in the Comprehensive Plan, the arrangement of canals in a subdivision shall either: 1. Provide for the continuation of appropriate projection of existing canals or waterways in the surrounding areas, or 2. Conform to a plan for the neighborhood approved or adopted by the Board to meet a partic- ular situation when conditions make continuance or conformance to existing canals or waterways impracticable. [Ord. No. 12-62, 17 Oct 62] Sec. 503.22 Bulkheads or Retainer Walls. Retaining walls or bulkheads on all property abutting on canals or waterways shall not be required, except at the option of the subdivider; but, if constructed, they shall be designed and planned to meet the approval of the City. When retainer walls are not constructed, the subdivider shall slope all lots or parcels abutting on canals, rivers or waterways at a grade not to exceed eight (8) degrees. All slopes shall be grassed from the high water level to the crown of the slope. [Ord. No. 12-62, 17 Oct 62] Sec. 503.23 Street Name Signs. Street name signs shall be installed at the intersection of all streets, carrying the street names approved on the subdivision plat. Location and design of street name signs shall be subject to the approval of the City Council. [Ord. No. 12-62, 17 Oct 62] Sec. 503.25 Variance, Appeals, Arbitration, Sever - ability Clause, Penalty, When Effective. A. Variance. 1. Hardship. Where the Board finds that extra- ordinary hardship may result from strict compliance § 503.25 SUBDIVISION OF LAND § 503.25 with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these regulations. 2. Large Scale Development. The standards and requirements of these regulations may be modified by the Board in the case of a plan and program for a new town, a complete community, or a neighborhood unit, which in the judgment of the Board provide adequate public spaces and improvements for the circulation, recreation, light, air and services needed for the tract when fully developed. and populated, and which also provide such covenants or other legal provisions as will assure conformity to and achievement of the plan. 3. Conditions. In granting variances and modi- fications, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. B. Appeals and Arbitrations. Appeals from any decision of the Board shall be taken to the Zoning Board of Adjustment, which sections are hereby made a part of this chapter by reference. C. Severability Clause. If any section, subsec- tion, sentence, clause or phrase of this chapter is for any reason held to be 'unconstitutional, void or invalid, the validity of the remaining portions shall not be affected thereby. D. Penalty. Any person or persons, firm or corporal -TOTE —Violating or failing to comply with the terms and provisions specified herein, shall upon conviction and at the discretion of the Court, be fined a sum not to exceed three hundred dollars ($300), and each day that a violation of this chapter continues shall constitute a separate violation hereof. [Ord. No. 12-62, 17 Oct 62] S 535.01 SEWER IMPACT ASSESSMENT S 535.01 CHAPTER 535 SEWER IMPACT ASSESSMENT Sec. 535.01 Sewer Impact Assessment Established. There shall be paid an assessment to defray the cost and expense of collection, transmission, treatment and disposal of sewage and for necessary • equipment, repairs, replacement and additions and for any new sewer plant expansion for the City of Cape Canaveral, Florida. Such assessment shall be for the sewer system on all new construction and all structures initially connecting to the City sewer system in the City as follows: RESIDENTIAL: Each single family dwelling unit Each residential unit of a multiple family unit, duplex, triplex and/or apartment unit Each- condominium unit Each mobile home space $2,089.28 2,089.28 2,089.28 2,089.28 COMMERCIAL:... . The:impact-assessment fee shall be the greater of $2,089.20 or_the amount: calculated for the uses described below: Barber: and beauty shops.- (per" chair) $ 522.32 Bowling alleys (per lane) 522.32 Churches (per seat) 15.42 Dentist offices (per dentist) _ - 1,305.80 Doctor -offices .(per . doctor) _ 1,305.80 Food Service operations a. Restaurant : (per seat) _ ` 261.16 b. 24-hour restaurant (per seat) 391.74 c..,Bar _and cocktail lounge (per seat) - 156.28 :d." Drive-in restaurant (per car space) 261.16 Hospitals.(per_bed). 1,305.80 Hotels, motels_(per room), .. .. 783.48 Laundry facilities (per washing machine) 2,089.28 Nursing; rest homes (per person)- 522.32 Office building ; (per -worker) m 104.88 Schools (per student) .- 130.58 Service stations (per water closet and pera urinal) - : `' - - -; -1,305.80 Shopping:, Centers 7, without foodor laundry - _ (per square footof floor space) 0.51 Stores without food service: (per square foot of floor ° space)." :1 .-. --. 0.51 Theaters, ; indoor. (per. seat)=... 1- r =::-)f. 25.70 Page Revised Ord. No. 5-92 & Res. No. 92-17 March 30, 1993 S 535.01 SEWER IMPACT ASSESSMENT S 535.02 COMMERCIAL (continued): Travel trailer park - w/o water & sewer hookup (per space) 391.74 Travel trailer park - w/water & sewer hookup (per space) 522.32 A laundromat shall be any facility which houses washers and is available for use by the general public or for common use by three or more living units. It is the intent of this Ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. INDUSTRIAL: Impact fees for industrial or other commercial facilities not listed above shall be based upon either the use of the fixture unit count or the number of workers in an office building, whichever is greater. The fixture unit count shallbe that defined in the most recent plumbing fixture value table published by the Standard Plumbing Code (see Appendix A). Said table shall be reviewed annually. Each eighteen.(18).fixture units, or -fraction thereof, equals one (1)-equivalent single- family dwelling unit. Equivalent and fractional equivalents shall be multiplied by $2,089.28' to determine the applicable impact fee. t The impact fee associated with: the_ number of= workers- in an office building shall be that listed- under: the- commercial facilities. The number of workers" shall be multiplied by $104.88 in order..to determine the applicable impact fee. The minimum impact_ assessmentfee for industrial and other commercial facilities not listed above shall be $2,089.28. (Ord. No. 10-73, S 1, 3 Apr 73; Ord. No. .16-78,..S 1, 3 Oct 78; Ord. No. 7-80, S 1, 15 Apr 80; Ord. No. 4-81, S 1, 7Apr 81; Ord. No.:7-81, S 1, 5 May 81; Ord. No.- 23-81, S i, 15 Dec 81; Ord. S 2, 16 Feb 82;:. Ord.. No..34-85,, S 1, 2 Jul- 85; Ord. No. 6-91, S 1, 7 May 91; Ord. No. 5-92,` S 1,`5 May 92; Res. No. 92-17, 5 May 92) _-- Sec. 535.02 Payment of Assessments. The_ assessments as set forth herein -shall be_payable_prior to issuanceof• a sewer permit and/or building permit, except as provided in Subsections (A) and/or- (B): below.-- In:.the- event the - as"sessment should not be __collected prior to connection to the City sewer system and said assessment is not paid in full by -the thirtieth day;: - Page Revised Ord. No. 5-92 & Res. No. 92-17 March 30, 1993 § 535.02 SEWER IMPACT ASSESSMENT § 535.02 following that for which a billing has been rendered, thenan amount equal to five percent (5%) of such assessment due shall be added thereto as a late charge. Upon failure of any user to pay for said assessment within sixty. (60) days from being billed, the City shall shut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obli- gations owed by him to the City on account •of the. services shall have been paid in full. If such sewer service is shut off as aforesaid, then before such service shall be restored, the user thereof shall pay a reinstatement fee in the amount of $75.00 in addition to any other assessments and charges due._ In addition, and as analternative means.: of collecting such assessment, latecharges and penalties,the City shall have:. a . lien on such lot or parcel of land _forwhich the sewer connection has been made,• for which such lien shall be of equal dignity _ with the: lien of state and county and`_''municipal:: taxes. : Such' lien`` may= be fore- closed by:: the City in " the -same' ` manner: provided _ by- the laws of'- Florida`:: for the . foreclosure of mortgages upon real estate A`v For those . Establishments which • the City determines generate more than 10,000 gallons per day of wastewater into ..the ` system,City the:: shall calculate. the Impact ' Fee �' based `on the _, quantity : of discharge actuallyr ` introduced into _the' sewer collection :-system. At the = City's.:. option,. =a flow: meter.: to: ; monitor- = the quantity- of-,_ discharge shall: be: -installed._ at' the ..user's. expense The following method shall, be used to determine the impact fee 1. An: Impact fee deposit of. $12,700 shall be paid by the user. 535.02 SEWER IMPACT ASSESSMENT § 535.02 number of units to be assessed at the cost of $2,032.00 per unit (example: if theaverage daily discharge is 800 gallons, the sewer impact assess- ment shall be $4,064.00). 5. In the event the sewer impact assessment for the first six months as calculated above exceeds the $12,700 initial deposit made, the 'user shall pay the difference within fifteen days after written notification to user of the required adjustment. However, in the event' the assessment as calculated above does not exceed the initial deposit, the City of. Cape Canaveral agrees to reimburse the difference to the user no later than thirty days after the first six month monitoring period. 6. For' each succeeding six month period the volume- of: effluent " outflow shall be . measured." To '.the. extent that . average:: daily effluent, outflow in any subsequent six month-period..exceeds that:_ of the initial six': month period,.ari.-additional impact. fee ..for the_.::excess dull be:. levied::. calculated- and" as. 'provided :` for in- Paragraph (3 )• and (4) -above.; Any, additional fee so calculated shall be paid to. the City .within, fifteen days{.. of, written notification to- 7. For--: the. initial:; six;- month: -`period -"only, - if the, average;, daily. ;effluent.:'.outflow.:. is:_ less than... 'initially.. r"projected., the.` City . : shall `refund :I the - unused -portion. of the. impact fee as: set. forth- above.: For `subsequent; six' month monitoring periods, shall" be no refunds 'of impact _ fees,=- regardless of effluentoutflow volumes. . • Sewer Impact Fees imposed by the-:. City_ may, by approval: of.. the City: Council, be collected over a than- one. (1)_- year,.. provided that twe"nty five::." percent: (25% ): of .the: fee deposit,"'.withe the --remainder of the Fee to be` financed.. The_' user'- shall 'execute"and- deliver sa-'promissory note_ in favor` Of the"- City of Cape Canaveral 7 to, evidence said debt.?;:. ,.This: note: shalh:- bear.; interest at a :variable,: rate of three': percent. ' (3$j:. per annum simple: _.interest in `excessgof the: base. ,rate The basery-rate is the, prime rate' in': effect -at the Barnett`;Bankof. Jacksonville;:-N.A. The." variable: rate: of . interest on.: this. note^�'will be adjusted ; quarterly ; on>: the._ payment. date: as:;i the:;: base,- rate changes,_ provided" however; that no_ event;shall the. CHAPTER REVISED • 7:MAY 91..- S 535.02 SEWER IMPACT ASSESSMENT S 535.06 rate of interest exceed the maximum allowed by law. Upon signature of promissory note a temporary certificate of occupancy for construction will be issued. At the end of one (1) year, or at the time the impact fee is paid in full, whichever occurs first, the Owner will be issued the permanent certificate of occupancy for the structure. (Ord. No. 10-73, S 2, 3 Apr 73; Ord. No. 4-75, S 2, 11 Mar 75; Ord. No. 17-87, S 1, 16 Jun 87; Ord. No. 6-91, S 1, 7 May 91) Sec. 535.03 Issuance of Certificate 'or License. No Certificate of Occupancy or City license shall be issued until the assessment as herein set forth has been paid in full or arrangements for extended payment have been made in accordance with Section 535.02B. (Ord. No. 10-73, S 3, 3 Apr 73; Ord. No. 6-91, S 1, 7 May 91; Ord. No. 21-92, S 1, 5 Nov 92) Sec. 535.04 Sewer Connection Assessment Fee Use Established. All funds generated by Sewer Connection Assessment Fees shall be used for projects related to sewer plant expansion and sewer plant collection -and transmission line expansion and shall notbe used as operating Revenue for the Sewer Plant. These funds shall be kept in accounts which are segregated from the general -Sewer -Plant fund.`, (Ord. No 26-81, S 1, 5 Jan 82; Ord." No. 34-85, S 2, 2 Jul 85, Ord: No. 6-91, S1, 7 May 91) Sec. 535.05 Modifying Impact Fees. -Any structure or use of structure which is modified such that the sewer impact assessment isgreater- than_. the. amount the initial impact fee was computed for, the Owner shall be assessed additional impact fees in -accordance with Section 535.01 and Section- 535.02(B) Any change of use which increases the original impact fee for -which the building was constructed, the Owner will be assessed additional impact, feesin accordance with -Section 535.01- and - Section 535.02(B) Any change of similar use which -increases _the number -of units (per seat, = per worker, per' sq. ft. of floor space, etc.) within: the 'establishment,= thee- Owner will be assessed impact fees only on the additional number of units proposed to -be -constructed, in:. -accordance with Section 535.01 and Section.535.02(B). (Ord. No. 1-82, S 2, 16 Feb82; Ord. No. 17-87, S 2, 16" Jun 87; Ord. ` No. 6-91; S 1, 7 May 91)- Sec.- 535;06.r:=.` Cost ` of= Living Increase for Impact Fees Established. Any user of the services of -the sewer°`system shall pay asewer impact fee as established by the City Council. The schedule of fees is subject to revision annually as may be necessary to keep the cost commensurate with changes in the cost of living as reflected by the Consumer Price Index, or due to Page Revised Ord. No. 21-92 March 30, 1993 S 535.06 SEWER IMPACT ASSESSMENT S 535.08 any regulatory orenvironmental factors which increase the costs of sewage collection, transmission and treatment. All revisions shall be done by Resolution and shall become effective as. of May 1 of each year, commencing with May 1, 1992. The basis of such rate increase shall be the "Consumer Price Index" U. S. City Average "all items" (82-84=100), hereinafter called the Index, published by the Bureau of Labor Statistics of the United States Department of Labor. The Index number for the month of February, 1991, shall be the "Base Index Number" and the corresponding index number for the month of February in each succeeding_ year shall be the current index number. Beginning May 1, 1992, and each year thereafter, the sewer impact fee shall be determined by dividing the Current Index Number (CIN) by the Base Index Number (BIN), in accordance with the following formula, dropping all digits after one hundredth: New sewer impact fee charge = (CIN) x the current sewer impact fee. (BIN) (Ord. No. 6-91, S 1, 7 May 91) Section 535.07 Port Canaveral Customers. Impact fees for Port 'Cana veral- customers are due and payable upon --receipt of a Florida Department of Environmental Regulation permit application to construct wastewater.. transmission/collection mains.- No permit application will be approved_ until all fees are,: paid in full ._ .. Any structure change of use or . change of similar use shall be subject to the criteria outlined in Section 535._05. (Ord. No. 6-91, S 1, 7 May 91) Section 535.08 Offsite Sewerage Pumping Charges. Offsite Sewerage Pumpage will -be permitted in. the following manner: 1. That the -individual or entity requesting:. same contact the Public Works. Department. of the., -City of. Cape Canaveral and formally : request . in. -;.writing permission to_ : pump: offsite sewerage into the City's. sewer system.. 2. The. City shall,-. by_ and; through_, one- of its. employees; review said application and if, preliminarily, approved shall physicallyaccompany said. individual. or representative of entity making the aforedescribed application to the site where the sewageris.to.beintroduced into the-City•of Cape Canaveral!s sewage system.; Page Revised Ordinance No. 11-91 March 30, 1993 S 535.08 SEWER IMPACT ASSESSMENT S 535.08 3. The City, at the expense of the applicant, will test the sewage material Ithat is to be pumped into the City; of Cape Canaveral sewage system for compliance with all applicable DER and EPA requirements and shall reject same application if sewage does not meet the state, federal and local permit requirements for sewage to be introduced in City of Cape Canaveral sewage system. 4. A representative of the City will monitor until its completion the pumpage into the sewage :system by the requesting person and/or entity. 5. The fee for this pumpage shall be $100.00 per day, plus .05 cents per gallon of sewage pumped into the City of Cape Canaveral sewage system. This fee shall be in addition to any and all tests of the sewage material by the City employees of the City of Cape Canaveral. The individual or entity shall be invoiced by the City of Cape Canaveral for this service. 6. There shall be no hazardous waste as identified by state, federal and city guidelines at any time introduced into the City of Cape Canaveral Sewer System. (Ord. No. 11-91, S 2, 19 Nov 91) Page Revised Ordinance No. 11-91 March 30, 1993 APPENDIX A TABLE 1 FIXTURE UNITS PER FIXTURE OF GROUP Fixture Type Bathroom group consisting of water closet, lavatory, and bathtub or shower Bathtubl (with or without overhead shower) or whirlpool attachments Bidet Combination sink and tray Combination sink and tray with food disposal unit Dental unit or cuspidor Dental lavatory Drinking fountain Dishwashing machine2 domestic Floor drains, Kitchen sink, domestic Kitchen sink, domestic with waste grinder- Lavatory4 1 Lavatory4 2 Lavatory, barber, beauty parlor 2 Lavatory, surgeon's 2 Laundry tray (1 or 2 compartments) . 2 Shower stall, domestic 2 Showers- (group) per head2 3- Sinks Fixture —Unit Value Minimum Size As Load Factors of Trap (In) 6 2 3 4 1 1 1/2 2 Surgeon's `. 3. Flushing rim (with valve) 8 Service (trap standard) 3 Service (P trap) 2 Pot, scullery, etc.2 4 Urinal, pedestal, siphon jet, blowout .- 8 1 1/2 Nominal 1/2 1 1/2 Separate traps 1 1/2 1 1/4 1 1/4 1 1 1/2 2 1.1/2 1 1/2, Small P.O. 1 1/4 Large P.O.- 1- 1/2 1 1/2 1 1/2 1 1/2 2 1 1/2 3 - 3 2 1 1/2 Note 6 r ,- A-1 Fixture Type Fixture -Unit Value As Load Factors Minimum Size of Trap (In) Urinal, wall lip Urinal, washout Washing machines Washing machines (commercial)3 (residential) Wash sink2 (circular or multiple) each set of faucets Water closet flushometer tank, public or private Water closet, private installation Water closet, public installation 1 4 Note 6 4 Note 6 3 2 2 Nominal 1 1/2 4 Note 6 4 Note 6 6 Note 6 A showerhead over a bathtub or whirlpool bathtub attachment does not increase the fixture value. 2 See Table 2 for methods ofcomputing unit value of fixtures not listed in Table 1. 3 See Table 2. Lavatories with 1 1/4 or 1 1/2-inch trap have the same load value; larger P.O. plugs have greater flow rate. Size of floor drain shall be determined by the area of the floor to be drained. The drainage fixture unit value need not be greater than 1 unless the drain receives indirect discharge from plumbing fixtures, air conditioner or refrigeration equipment. 6 Trap size shall be consistent with fixture type as defined` in'. industry standards. Fixtures Not Listed Fixtures not listed Table 2. • in Table 1 shall be estimated in. accordance with TABLE 2 FIXTURES NOT LISTED Fixture Drain or Trap Size (In) 1 1/4 and smaller 1 1/2 2 . 2 1/2 3. 4 Fixture Unit Valve 1 2 4-2 •§ 537.01 IMPACT FEES CHAPTER 537 IMPACT FEES § 537.09 Sec. 537.01 Fire Protection Impact Fees Established. There shall*e an impact fee established to provide the Cape Canaveral Fire Department with an aerial type fire truck: and a structure to house the' aerial type fire truck. [Ord. No. 19-85, § 1, 2 Apr 85; Ord. No. 23-85, 1,7 May 85] Sec. 537.03 Fee Schedule for Aerial Type Fire Truck. The :impact fee• toprovide the Cape Canaveral Fire Department with an aerial type fire truck, is hereby established as follows: A. All commercial projects in excess of fifty thousand (50,000) square feet or twenty-five (25) feet in height,shall be charged an. impact fee of five cents (-$.05) per square foot of the total project. • All industrial projects in excess of twenty-five thousand .(25,000) square feet or twenty-five (25)- feet in .height shall be. .charged an impact .fee Of five cents ($.05) per square foot. C. All: residential buildings in excess of two (2) stories, shall be charged ,an impact fee of two hundred dollars ($200.00) per unit. D.. All (hotels and motels in excess of.,two '(2) stories shall be charged an 'impact:fee of two hundred dollars .($200.00) per unit. [Ord. No. 19-85, § 1, .2 Apr 85] Sec. 537.07 Fee. Schedule Revision. The impact fee schedules .may be amended, from time to time, by Resolu- tion. [Ord, No. 19-85,. § 3, 2 Apr 85] Sec. 537.09 Payment of Impact Fees. 'Impact fees shall be due and payable at the time a building *permit is issued 'by the City'. No Certificate of Occupancy or City license shall 'be issued until the impact fee. is paid in. full. [Ord. No. 19-85, § 4, 2 Apr 85] CHAPTER REVISED 4 SEPT 90 § 537.11 IMPACT FEES § 537.11 Sec. 537.11 .Fire Protection Trust Fund Established. All impact fees collected by the City shall be depos- ited in and separately accounted for in a Fire Protection Trust. Fund. Expenditures from the Fire Pro- tection Trust Fund shall be approved by the City Council. [Ord. No. 19-85, § 5, 2 Apr 85] CHAPTER REVISED 4 SEPT 90 547.01 BUILDING PERMIT AND § 547.03 DEVELOPMENT FEES CHAPTER 547 BUILDING PERMIT & DEVELOPMENT FEES Sec. 547.01 Building Permit Fee Schedule. The City of Cape Canaveral, Florida, does hereby establish a Building Permit and Development Fee Schedule on all construction in the City of Cape Canaveral, Florida. [Ord. No. 1-84, § 1, 17 Jan 84] Sec. 547.03 Changes to the Schedule of Fees. The Building Permit and Development Fee Schedule may be amended from time to time, as needed, by Resolution of the City Council. [Ord. No. 1-84, § 1, 17 Jan 84] S 611.01 BUILDING CODE S 611.01 CHAPTER 611 BUILDING CODE Sec. 611.01 Building Code Adopted. The following Code is hereby adopted by reference as though it was copied herein fully: Standard Building Code - 1991 Edition, with 1992 Revisions, by Southern Building Code - 199.1 Edition, with 1992 Revisions, by Southern Building Code Congress. International, Inc. ("Standard Building Code"). including Appendices "A" through "M" with the exception of Appendices."B", "I", "K", and "L" whichare deleted. (Ord. No. 3-72, S 2, 18 Apr 72; Ord. NO. 13-82, S 1, 7 Sep 82; Ord. No. 19-83, S 1, 6 Sep 83; Ord. No. 4-86, S 1, 27 Feb 86; Ord. No. 7-90, S 1, 6 Mar 90; Ord. No. 32-90, S 1, 3 Jan 91; Ord. No. 9-92, S 1, 18 Aug 92; Ord. No. 20-92, S 1, 5 Nov 92) Sec. 611.02 Sections Amended. Sections 101.4.1, 101.4.2,. 101.4.3 and.105.3 of the Standard Building Code are amended to read as follows: • 101.4.1 - Building Official Qualifications. The Building Official shall have at least ten (.10) years experience or equivalent,.;;,: as an,-. architect,.;..: engineer;_, inspector, contractor, or superintendent of, construction, or any combination, of these.. forfive (5) .. years_ of ,which shall have been inresponsible charge of work. The. Building Official should • ;be certified ; as...a Building ;Official through•a recognized certification program: The Building Officialshall be .appointed_ or hired by the City, Manager and- shall: not:" be' removed 'from -office except.. for-, cause after fullopportunity has been,, given_: to_ be ; heard on specific, charges,, before the City Manager. 101.4.2 Chief Inspector Qualifications.. The Building Official,with- the.._, approval- of- the City:. Manager,may- designate Chief Inspectors to administer the provisions_ of the Building, Electrical, Gas, Mechanical and Plumbing Codes. They shall.:. have at -: least ten (10 ).: years experience :Or equivalent, as ' an -architect, engineer, -.•- inspector, contractor, or superintendent of -construction, - or , any..; combinationof these- for,.,fiye (5)..; years of which,.; shall have been. in responsible charge; of ~ work.-. ; They; should t_certified through.a, recognized certification_ A'�... program: for _the appropriate_ trade. _ They, shall not be. removed , from r of f ice except., for. , - cause _: after;_:: full - opportunity . his- been -given to be heard ,on specific charges;. in,accordance- with the' City Code of Ordinances.,-"- Page Revised Ord. Nos. 09-92 & 20-92 March 30, 1993 S 611.02 BUILDING CODE S 611.07 101.4.3 - Inspector Oualifications. The Building Official, with the approval of the City Manager, may appoint or hire. such number of officers, inspectors, assistants, and 'other. employees..as shall be authorized from time to time. A person shall not be appointed or hired as Inspector of Construction who has not had at least five (5) years experience as a building inspector, engineer, architect, or as a superintendent, foreman or competent mechanic in charge of construction. The inspector should be certified, through a recognized certification program for the appropriate trade. 105.3 - Powers. The Construction Board of Adjustments and Appeals shall have the power, as further defined in 105.4, to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. The City Board of Adjustment shall be the Construction Board of Adjustment and Appeals. (Ord. No. 14-87, S 1, 5 May 87; Ord. No. 7-90, S 1, 6 Mar 90; Ord. No. 9-92, S 1, 18 Aug 92) Sec. 611.03 - Standpipe Section Amended. "Standpipes" of the Standard Building Code, hereby, amended by.amending sub -section 902. follows: =.. Section 902, as adopted, is 3.2 to read as All` residential` -structures' (Group' R) twenty-five:- (2 5 ' ) feet or more in height- when -not- equipped throughout with a, complete autoinatic- fire -extinguishing system, shall be provided ,with a Class I1I st andpipe_ system (Ord;. No. 10-86,S 1,y 15 Apr ^ 86;-Ord.- No-. 7-90,- S 1�, 6' Mar 90) Sec.`=- 611 05 AdministrativeC- Authority or Official. Whenever- the term Administrative Authority or Official is used in' the Standard Building'Code it shall -be construed to mean the Building Official of the City of Cape Canaveral, Florida, or his authorized representative. (Ord. No. 3-72, S 2, 18 Apr 72`;- Ord.' No. -13-82,. S- 1, 7 Sep 82;- Ord. No.=- 19-83,= S 1,- 6 Sep 83; Ord: No. 4-86, S1, 27 Feb 86; Ord. No.- 7-90, S 1, 6 Mar 90) : ,. - r. Seca- 611.07' Penalty`'.= Any°� and `all persons who` -shall violate: any of the--provisions of this Chapter or shall fail to comply= therew_ ith_ -or whoFshall-`violate Or fail to -'comply with any order or regulation's inad'e thereunder-ior who- shall build in violation of- any detailed statement'_or- specifications or plans submitted: = and approved, thereunder; or any ` certificate or permit" issued thereunder; shall severally` each _ and. every,µ, such violation and 'rioii=compliance;'respectively';' be. punishd as provided in' S 801=:01. '" (Ord.' No: 3-72-- S- 3, 18=Apr..72 Ord. 7' Sep' 82;-'-Ord'. N-O "' 4`-86; S= 1; 27: Feb',' 86;`'Ord. No.:34-86, S 1, 16 Dec 86; Ord. No. 7-90, S 1, 6 Mar 90) Page Revised Ord. No. 09-92 March 30, 1993 § 612.01 COASTAL CONSTRUCTION CODE CHAPTER 612 COASTAL CONSTRUCTION CODE § 612.05 Sec. 612.01 Title. The provisions contained herein shall constitute the "Coastal Construction Code" for construction within the City of Cape Canaveral, Florida. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.03 Purpose. The purpose of the Coastal Construction Code is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and other severe storms occurring along the coastal area of the City of Cape Canaveral, which fronts the Atlantic Ocean. These standards are intended to specifically address design features which affect the structural stability of the beach, dunes, and topography of adjacent proper- ties. The Coastal Construction Code is site specific to the coastal building zone as defined herein and is not applicable to other locations. In the event of a conflict between this chapter and other chapters of this code, the requirements resulting in more restric- tive design shall apply. No provisions in this chapter shall be construed to permit any construction in any area prohibited by city, county, state or federal regulation. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.05 Applicability. The requirements of this Coastal Construction Code shall apply to the following types of construction in the coastal building zone and on coastal barrier islands in the City of Cape Canaveral. A. The new construction of, or substantial improve- ment to major structures, nonhabitable major structures, and minor structures as defined herein. B. Construction which would change or otherwise have the potential for substantial impact on coastal zones (i.e. excavation, grading, paving). C. Construction located partially within the coastal building zone. 612.05 COASTAL CONSTRUCTION CODE ! § 612.09 D. Reconstruction, redevelopment or repair of a damaged structure from any cause which meets the defini- tion of substantial improvement as defined herein. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 901 Sec. 612.07 Exceptions. The requirements of this chapter shall not apply to the following: A. Minor work in the nature of normal beach cleaning and debris removal. B. Structures in existence prior to the effective date of the code, except for substantial improvements as defined herein. C. Construction for which a valid and unexpired building permit was issued prior to the effective date of.this code. D. Construction extending seaward of the seasonal high-water line which is regulated by the provisions of Section 161.041, Florida Statutes (i.e. groins, jetties, moles, breakwaters, seawalls, piers, revet- ments, beach nourishment, inlet dredging, etc.). E. Construction of non -habitable major structures as defined herein, except for the requirements of Section 612.19. F. Construction of minor structures as defined here- in, except for the requirements of Section 612.21. G. Structures listed in the National Register of Historic Places or the State Inventory of Historic Places. H. Construction for improvement of a major struc- ture to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.09 Application for Permits. Applications for building permits for construction in the coastal building zone, if not of normal or usual design, may be required by the Building Official to be certified by an § 612.09 COASTAL CONSTRUCTION CODE C. 612.11 architect or professional engineer registered in the State of Florida. Such certifications shall state that the design plans and specifications for the construction are in compliance with the criteria established by this Chapter. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, 2, 6 Mar 90] Sec. 612.11 Definitions. The following terms are defined for general use in the Coastal Construction Code. Beach means the zone of unconsolidated material that exterin—landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegeta- tion, usually the effective limit of storm waves. "Beach" is alternatively termed "shore". Breakaway Wall or Frangible Wall means a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave, and runup forces associated with the design storm surge. Under such condit-ions, the wall shall fail in a manner such that it breaks up into components which minimize the potential for damage to life or adjacent property. It shall be a character- istic of a breakaway or frangible wall that it shall have a horizontal design loading resistance of no less than 10 nor more than 20 pounds per square foot. Building Support Structure means any structure which supports floor, wall or column loads, and transmits them to the foundation. The term shall include beams, grade beams, or joists, and includes the lowest horizon- tal structural member exclusive of piles, columns, or footings. Coastal Barrier Islands means geological surface features above mean high water which are completely surrounded by marine waters, that front upon the open waters of the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of Florida and are composed of quartz sands, clays, limestone, oolites, rock, coral, coquina, sediment, or other material, including soil disposal. Mainland areas which were separated from the mainland by artificial channelization for the purpose of assisting marine commerce shall not be considered coastal barrier islands. § 612.11 COASTAL CONSTRUCTION CODE $ 612.11 Coastal Building Zone means: a. For mainland areas which front directly upon the open waters of either the Gulf of Mexico, Atlantic Ocean, Florida Bay, or Straits of Florida, the land area between the seasonal highwater line and a line 1500 feet landward from the coastal construction control line. b. For mainland areas where a coastal construc- tion control line has not been established, the coastal building zone shall be the land area seaward of the most landward velocity zone (V-zone) boundary line established by the Federal Emergency Management Agency and shown on the Flood Insurance Rate Maps. c. For coastal barrier islands, the land area between the seasonal high-water line and a line 5000 feet landward from the coastal construction control line or the entire island, whichever is less. d. For coastal barrier islands on which no coastal construction control line has been estab- lished, the land. area seaward of the most landward velocity zone (V-zone) boundary line established by the Federal Emergency Management Agency and shown on the Flood Insurance Rate Maps. Coastal Construction Control Line means the landward extent of that portion of the beach -dune system which is subject to severe fluctuations based upon a 100-year storm surge, storm waves, or .other predictable weather conditions as established by the Department of Natural Resources in accordance with Section 161.053, Florida Statutes. Construction means the building of or substantial improvement to any structure or the clearing, filling or excavation of any land. It shall also mean any alte- rations in the size or use of any.existing structure or the appearance of any land. When appropriate to the context, "construction" refers to the act of construc- tion or the result of construction. Dune means a mound or ridge of loose sediments, usually sand -sized, deposited by natural or artificial means, which lies landward of the beach. 612.11 COASTAL CONSTRUCTION CODE § 612.11 Major Structure includes but is not limited to residential buildings including mobile homes, commercial, institutional, industrial, and other construction having the potential for substantial impact on coastal zones. Mean High -Water Line means the intersection of the tidal plane of mean high water with the shore. Mean high water is the average height of high waters over a nineteen (19) year period. Minor Structure includes but is not limited to pile - supported, elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile - supported elevated viewing platforms, gazebos, and boardwalks; lifeguard support stands; public and private bathhouses; sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts, racquetball courts, and other uncovered paved areas; earth retaining walls; sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental construction. It shall be a characteristic of minor structures that they are considered to be expendable under design wind, wave, and storm forces. Mobile Home means manufactured housing which conforms to the Federal Manufactured Housing Construc- tion and Safety Standards or the Uniform Standards code ANSI A-119.1 pursuant to Section 320.823, Florida Statutes. Nonhabitable Major Structure includes but is not limited to swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage treatment plants; electrical power plants, transmission and distribution lines, transformer pads, vaults, and substations; roads, bridges, streets, and highways; and underground storage tanks. NGVD means National Geodetic Vertical Datum - a geodetic datum established by the National Ocean Service and frequently referred to as the 1929 Mean Sea Level Datum. § 612.11 COASTAL CONSTRUCTION CODE § 612.13 One Hundred Year Storm, or 100-Year Storm means a shore incident hurricane or any other storm with accompanying wind, wave, and storm surge intensity having a one percent chance of being equalled or exceeded in any given year, during any 100-year interval. Seasonal High -Water Line means the line formed by the intersection of the rising shore and the elevation of 150 percent of the local mean tidal range above mean high water. State Minimum Building Code means the Standard Building Code referred to in Section 611.01 of this Chapter. Substantial Improvement means any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds a cumulative total of 50 percent of the market value of the structure, either (a) before the repair or improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other struc- tural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or any alterations of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.13 Coastal Construction Requirements. Construction within the coastal building zone shall meet therequirements of this Chapter. All structures shall be designed so as to minimize damage to life, property, and the natural environment. Assistance in determining the design parameters to minimize such damage may be found in the reference documents listed in Section 612.27. [Ord. No. 4-86, § 1, 27 Feb 8,6; Ord. No. 34-86,H5 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] § 612.15 COASTAL CONSTRUCTION CODE § 612.17 Sec. 612.15 Structural Requirements for. Major Structures. A. Design and Construction. Major Structures, except for mobile homes, shall be designed and construc- ted in accordance with Section 1205 of the Standard Building Code using a fastest -mile wind velocity of 110 miles per hour. Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in this code. B. Mobile Homes. Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards or the Uniform Standards Code ANSI A119.1, pursuant to Section 320.823, Florida Statutes, as well as the requirements of Paragraph C., below. C. Elevation, Floodproofing, and Siting. All major structures shall be designed, constructed and located in compliance with the National Flood Insurance Regula- tions as found in 44 CFR Parts 59 and 60, or Chapter 624, Flood Damage Prevention, whichever is more restrictive. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.17 Design Conditions. A. Velocity Pressure. Major structures, except mobile homes, shall be designed in accordance with the requirements of Section 1205 of the Standard Building Code using a minimum fastest -mile wind velocity of 110 or 115 mph as appropriate. These minimum design pres- sures are as follows: Table 1205.2A Velocity Pressure (psf) Building Height 60 Feet or Less Mean Roof Height (ft) Fastest Mile Wind Velocity, V (mph) 110 0 - 15 25 20 28 40 34 60 38 r § 612.17 COASTAL CONSTRUCTION CODE Table 1205.3A Gust Velocity Pressure (psf) Building Height Greater than 60 Feet Height (ft) Fastest -Mile Wind Velocity, V (mph) Coastal Exposure 110 0 - 30 35 31 - 50 40 51 - 100 47 100 - 200 54 200 - 300 61 300 - 400 66 400 - 500 70 § 612.17 B. Foundations. The elevation of the soil surface to be used in the design of foundations, calculation of pile reactions and bearing capacities shall not be greater than that which would result from the erosion reasonably anticipated as a result of design storm conditions. Foundation design and construction of a major structure shall consider all anticipated loads acting simultaneously with live and dead loads. Erosion computations for foundation design shall account for all vertical and lateral erosion and scour producing forces, including localized scour due to the presence of structural components. Foundation design and construction shall provide for adequate bearing capacity taking into consideration the type of soil present and the anticipated loss of soil above the design grade as a result of localized scour. Erosion computations are not required landward of coastal construction control lines established or updated since June 30, 1980. Upon request, the Department of Natural Resources may provide information as to those areas within coastal building zones where erosion and scour of a 100-year storm event is applicable. C. Wave Forces. Calculations for wave forces resulting from design storm conditions on building foun- dations and superstructures may be based upon the minimum criteria and methods prescribed in the Naval Facilities Engineering Command Design Manual, NAVFAC DM-26, U.S. Department of Navy; Shore Protection manual. U.S. Department of the Army Corps of Engineers; U.S. Department of the Army Coastal Engineering Research 6 612.17 COASTAL CONSTSRUCTION CODE § 612.19 Center Technical Papers and Reports; the Technical and Design Memoranda of the Division of Beaches and Shores, Florida Department of Natural Resources; or other professionally recognized methodologies which produce equivalent design criteria. Breaking, broken, and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all laterial pressures to include impact as well as dynamic loading and the harmonic intensification resulting from repetitive waves. D. Hydrostatic Loads. Calculations for hydrostatic loads shall consider the maximum water pressure result- ing from a fully peaked, breaking wave superimposed upon the design storm surge with dynamic wave setup. Both free and hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be deter- mined using the maximum elevation to which the confined water would freely rise if unconfined. Vertical hydro- static loads shall be considered both upward and downward on horizontal or inclined surfaces of major structures (i.e., floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical or inclined surfaces. Hydrostatic loads on irregular or curved geometric surfaces shall be determined by considering the separate vertical and horizontal compo- nents acting simultaneously under the distribution of the hydrostatic pressures. E. Hydrodynamic Loads. Hydrodynamic loads shall consider the maximum water pressures resulting from the motion of the water mass associated with the design storm. Full intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.19 Structural Requirements for Nonhabit- able Major Structures. Nonhabitable major structures need not meet the specific structural requirements of Sec. 611.104.2, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in the Standard § 612.19 COASTAL CONSTRUCTION CODE § 612.25 Building Code. All sewage treatment and public water supply systems shall be flood -proofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, excluding pad transformers and vaults, shall be flood -proofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions. [Ord. No. 4-86, S. 1,. 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.21 Structural Requirements for Minor Struc- tures. Minor structures need not meet the specific structural requirements of Sec. 612.15, except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in the Standard Building Code. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, S. 2, 6 Mar 90] Sec. 612.23 Location of Construction. Construc- tion, except for elevated walkways, lifeguard support stands, piers, beach access ramps, gazebos, and coastal or shore protection structures, shall be located a sufficient distance landward of the beach to permit natural shoreline. fluctuations and to preserve dune stability. Construction, including excavation, may occur to the extent that the natural storm buffering and protection capability of the dune is not diminished. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.25 Public Access. Where the public has established an accessway through private lands to lands seaward to mean high tide or water line by prescrip- tion, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of access unless a comparable alternative accessway is provided. The developer shall have the right to improve, consolidate, or relocate such public accessways so long as they are: A. Of substantially similar quality and convenience to the public; B. Approved by the local government and approved by the Department of Natural Resources whenever § 612.25 COASTAL CONSTRUCTION CODE § 612.29 improvements are involved seaward of the coastal construction control line; and C. Consistent with the coastal management element of the local comprehensive plan adopted pursuant to Section 163.3178, Florida Statutes. [Ord. No. 4-86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 901 Sec. 612.27 References. Assistance in determining the design parameters and methodologies necessary to comply with the requirements of this chapter may be obtained from: Shore Protection Manual, U.S. Army Corps of Engi- neers, 4th edition, 1984. U.S. Department of the Army, Coastal Engineering Research Center's Technical Papers and Reports. Florida Department of Natural Resources, Division of Beaches and Shores Technical and Design Memoranda. NAVFAC DM-26, U.S. Department of the Navy. Coastal Construction Manual, Federal Emergency Management Agency, February 1986. (Please note that the wind design section is based upon the 1982 edition of the Standard Building Code with the 1984 accumulated amendments and not the 1985 edition of the Standard Building Code with the 1986 revisions as required by Section 161.55 (1)(d), Florida Statutes. [Ord. No. 4- 86, § 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] Sec. 612.29 Penalty. Any and all persons who shall violate any of the provisions of this Chapter or shall fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed state- ment or specifications or plans submitted and approved thereunder or any certificate or permit issued there- under, shall severally for each and every such violation and non-compliance, respectively, be punished as provided in § 801.01. [Ord. No. 4-86, S 1, 27 Feb 86; Ord. No. 34-86, § 1, 16 Dec 86; Ord. No. 7-90, § 2, 6 Mar 90] S 620.01 STANDARD UNSAFE BUILDING, 5 620.03 ABATEMENT CODE CHAPTER 620 STANDARD UNSAFE BUILDING ABATEMENT CODE Sec. 620.01 Standard Unsafe Building Abatement Code. The following code is hereby adopted by reference as though it was copied herein fully: Standard Unsafe Building Abatement Code - 1985 Edition. [Ord. No. 13-82, § 6, 7 Sep 82; Ord. No. 5-86, § 5, 4 Mar 86] Sec. 620.02 Administrative Authority or Official. Whenever the term Administrative Authority or Official is used in the Standard Unsafe Building Abatement Code, it shall be construed to mean the Building Official of the City of Cape Canaveral, Florida, or his authorized representative. [Ord. No. 13-82, § 7, 7 Sep 82; Ord. No. 5-86 § 5, 4 Mar 86] Sec. 620.03 Penalty. Any and all persons who shall violate any of the provisions of this Chapter or shall fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed state- ment or specifications or plans submitted and approved thereunder or any certificate or permit issued there- under, shall severally for each and every such violation and noncompliance, respectively, be punished as provided in 5 801.01. [Ord. No. 13-82, 5 8, 7 Sep 82;'Ord. No. 5-86, § 5, 4 Mar 86] S 624.01 FLOOD DAMAGE PREVENTION S 624.02 CHAPTER 624 FLOOD DAMAGE PREVENTION Article 1. Findings of Fact, Purpose and Obiectives.. Sec. 624.01 Findings of Fact. A. The flood hazard areas of the City of Cape Canaveral are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areasby uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood -proofed, or otherwise unprotected from flood damages. (Ord. No. 5-78, S 1, 2 May 78; Ord. No'. 6-87, S 1, 17 Mar 87;-Ord. No. 07-92, S 1, 21 July, 92) • Sec. 624.02 Statement of Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize public and privatelosses_ due.. to_ flood' conditions in specific areas by provisions designed to: A. : Restrict- or prohibit - uses- whichare dangerous': to health, safety, and- property due to -Water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities. - B Require' that- uses vulnerable... to.-. floods, including facilities 'which -serve such uses; be protected -against flood damage at -the- time of initial -construction. = C. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters. D. Control `filling," "grading,` dredging -and "other development which may increase erosionor:flood' damage.- -"- E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (Ord. No. 5-78, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 July 92) ) Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.03. FLOOD DAMAGE PREVENTION Sec. 624.03 Objectives. The objectives o are: S 624.07 f this Chapter A. To protect human life and health. B. To minimize expenditure of public money for costly flood control projects. C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. D. To minimize prolonged business interruptions. _ E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in floodplains. F. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas. =- G. »To insure that potential home buyers are notified that property is in a flood area. (Ord. No. 5-78, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87, Ord. No. 7-92, S 1, 21 July 92) M1 Article 2.- Definitions. • Sec. 624.07 Definitions. Unless specifically defined below, words or phrasesL:used in this Chapter shall be interpreted so as to give,them the meaning they have in common usage and to give this Chapter its most reasonable application. "Addition (to an existing building)" - shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load -bearing wall other than a fire wall. Any walled and roofed addition which is connected by a -fire wall or is separated by independent perimeter load7bearing walls is new_construction.-_ "Appeal" - shall mean a request for a review of the City of- Cape Canaveral's-interpretation of- any provision of- this Chapter or arequest:for:a!variance.i- - - Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.07 FLOOD DAMAGE PREVENTION S 624.07 "Area of Shallow Flooding" - shall mean a designated AO or VO Zone on Cape Canaveral's Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of Special Flood Hazard" - shall mean the land in the floodplain within Cape Canaveral subject to a one percent (1%) or greater chance of flooding in any given year. "Base Flood" - shall mean the flood having a one percent (1%) chance of being equaled or exceeded in any given year. "Basement" - shall mean that portion of a building having its floor subgrade (below ground level) on all sides. "Breakaway Wall" - shall mean a wall that is not part of the structural support of the building and is intended through its. design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. !'Building": - shall mean any structure_ built for support, shelter, or: enclosure', for any. occupancy or storage:" _ "Coastal High Hazard -Area" - shall. mean the area subject. to high velocity waters caused by, but not limited to, hurricane wavewash. ' The- area: is-. designated on- a. FIRM as Zone VE or V. "Development" - - shall mean' any man-made,.- change-_' to improved or unimproved real estate,. including; but not" limited to, buildings or other structures, mining, dredging, filling, grading,paving, excavating, drilling._operations,_or -permanent storage of materials or equipment._ --"Elevated Building" - shall mean a non -basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns -(posts or piers)'shear walls, or breakaway. walls. _ .__:f _ , _ --_L;:_ "Existing Construction" -. shall: mean_: any_. structure., for:. which_ the "start of.. construction'! comnenced before the effective date of this Chapter. Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.07 FLOOD DAMAGE PREVENTION S 624.07 "Existing manufactured home park or subdivision" shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community before the effective dateof this Chapter. "Expansion to an existing manufactured home park or subdivision" - shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be. affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood or Flooding" - shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; and/or. the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Hazard Boundary Map (FHBM)"- - shall, mean an official map...of. the .City.: of.. Cape .Canaveral, : issued by the. Federal Emergency Management Agency, where the boundaries of the. areas. of special: flood hazard havebeen defined. as. Zone A. "Flood Insurance Rate Map- (FIRM) " shall, mean an official map' of the City of Cape Canaveral; -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 Studv"_ .-. shall mean the official report. provided by the Federal Emergency. Management. -Agency.:. . The.. report contains flood profiles, as well as the Flood Boundary Floodway- Map -arid the water surface elevation of _the base "Floodway" : --shall meanthe: channel:: of a river or: other watercourse and the adjacent land areas that must be reserved in:, order. .to :: discharge::. the. base flood . without; cumulatively increasing the watersurface elevation more than one (1) foot. Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.07 LOOD DAMAGE PREVENTION S 624.07 "Floor" - shall mean the top surface of an enclosed area in a .building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking. vehicles. "Functionally Dependent Facility" - shall mean a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, ship -building, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities. "Highest Adjacent Grade" - shall mean the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building. "Historic Structure" - shall meanany.. structure that is a. Listed individually in the National. Register of Historic Places (a listing: maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting they requirements for individual listing on the National' Register; b: - Certified = or- preliminarily;- determined- by the - Secretary=' of the%Interior '"as-- contributing ' to = the: - historical significance of a registered historic district -or a district" preliminarily` determined by the- Secretary= to qualify as - a registered historic district; c. Individually listed on a state inventory of historic places- - _ in states. .:_- with -= historic preservation programs which have been approved by the Secretary of Interior; or d. Individuallylisted' .:on - a' local inventory of historic places in communities with historic preservation programs that have been certified -either: - `- ..= d 1) By an approved state program as determined by the_ Secretary'of the'Interior, orarp - Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.07 FLOOD DAMAGE PREVENTION S 624.07 2) Directly by the Secretary of the Interior in states without approved programs. "Mangrove Stand" - shall mean an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and- buttonwood (Conocarpus erecta). "Manufactured Home" - shall mean a building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The: term also includes park trailers, travel trailers, and similar transportable buildings placed on a site for 180 consecutive days or longer and intended to be improved property.- - "Mean Sea Level" - shall mean -the average height of the sea; for.. all _stages of the_tide.. It is used as a reference for establishing various elevations within the- flood: plain. For purpose. of this Chapter, the, term is _synonymous with National Geodetic. Vertical Datum (NGVD). "National Geodetic Vertical Datum (NGVD) - shall mean, as corrected in;1929,:; a vertical _control used as. a_ reference for. establishing- varying-. elevations; within the -flood -plain. "New Construction": shall.mean'any_structure for which the. !!start of: construction: commenced after the effective date of_»this Chapter". The term also includes. any, subsequent improvements to such structure. • "Recreational Vehicle" --shall mean a vehicle which is: a. built on a single chassis;- b.. .400 square feet or .less_ when_ .. measured at the largest horizontal projections; c. designed to be self-propelled or permanently towable by, a light duty truck; and a. designed- primarily not for use as a permanent dwelling, but a temporary living quarters for recreational, camping, travel, or seasonal use. Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.07 FLOOD DAMAGE PREVENTION S 624.07 "Sand Dunes" shall mean naturally occurring .accumulations .of sand in ridges or mounds landward of the beach. "Start of. Construction" - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348)), includes substantial improvement, and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including manufactured home) on a site, such as the pouring of. slabs or footings, installation of pipes, construction. of. -columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does .not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it -include .excavation for a basement; footings, piers, - or foundations or the erection of temporary forms; nor does it include the installation, -on the property of -accessory buildings,__ such as garages or -sheds not occupied as dwelling units or not part of the main. building. - For a substantial improvement, the actual . start of construction means the first alteration. Of -any wall, _ceiling,. floor, -:or other- structural- part of: a: building, whether: or not - that••alteration affects the external-1 dimensions of the. building.- r =3 rr 14 t.. _ r � ,. r . a _ ... 10 ,.} �: ...;� �ir� � �. �� 1. � .. .. � - . - "Structure'' :: shall: mean , a walled:° and roofed building that is principally above ground, a• manufactured hoine;.f a 'gas.' or liquid storage tank, or other man-made facilities or infrastructure. "Substantial Damacte!--._-: shall- mean:. damage of any;. origin sustained._ by a structure- whereby the cost: of restoring.. the: structure to.' its before' damaged.=• condition`.would equal or exceed .50 percent (50%), `of -the Market value. of the structure before the damage occurred. =-:- "Substantial Improvement":- shall mean- any- Combination of repairs; reconstruction; alteration','rehabilitation,: addition ;;_ or• other improvements' to a- building, taking: place during: (10) ', year° "period; , in "which the ''cumulative_ `cost 'equal's _ or' exceeds,:-' fifty percent-(50%):: of the: market::; value', of;:` the!-: building.: The market value. of:. the building is the'. appraised: or:assessed value ..of the: building;.:less. the:. land prior to the_" start of.the: initial :repair or improvement,. or, in the. case, of_. damage, • the value ,of the building prior to:': the"- damage. occurring. Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.07 FLOOD DAMAGE PREVENTION S 6,24.10 This term includes structures which have incurred "substantial damage'!, regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural, part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include: (1) any project for improvement of a building required to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official, which have been cause forissuance of a citation or condemnation, and which are solely the minimum necessary to assure safe living conditions; or (2)•. any alteration of a "historic structure" provided that the alteration will.. not precludethe structure's . continued designation as a."historic structure", and for which a- variance has: been__ granted- pursuant to the ordinance "Variance" - _shall_ mean a grant of relief_ from_ - the requirements: of this, Chapter_which.-permits constructionin a: manner_; otherwise; provided_by this Chapter wherespecific. enforcement would result in unnecessary hardships. (Ord:-: No::: 5-78, S 1, 2 May 78; Ord. No. 12-82, S 2, 20 Jul 82; Ord. No. 6-87;. S: 1, :17 Mar 87;. Ord.; 7:-92,; 21-Jul 92; Ord.. No.25-92, S 1 ..:5 Jan- 9 3) _ : _ - -_ _ ` Article 3. General Provisions. Sec._624.09_., Lands. to Which This Chapter Applies._ This Chapter shall.: apply- to all areas of special flood hazard within the jurisdiction of the City of Cape Canaveral. (Ord. No... 5-87; S- I, 2: May 78; Ord." No: 6-87, S r1, : 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Sec. 624.10 Basis for Establishing the Areas of Special Flood Hazard -:- The areas: of specialflood hazard identified' by - the Federal;. Emergency Management Agency; in- its Flood: Insurance Rate Map; dated -April 3; 1989,- adopted November.'8 19901 with. accompanying maps and other supporting data,:: and- any. revision:: thereto :. are: adopted ;by -reference :_ and -declared:. to be a part_ of, this Chapter: _ (Ord.. No: 5-78-i S 1;.: 2 May 78; : Ord: No:: 12-82 ;.:. S_ 2,;F 20_ Jule 82; Ord., .No.r 6-87,;.. S. 1, -17: Mar .87;: Ord. No.._7-92, :. 21 Jul.' 92) Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.11 FLOOD DAMAGE PREVENTION S 624.16 Sec. 624.11 Establishment of Development Permit. A Development Permit shall be required in conformance with the provisions of this Chapter prior to the commencement of any development activities. (Ord. No. 5-87, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Sec. 624.12 Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations. (Ord. No. 5-87, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S.1, 21 Jul 92) Sec.,624.13 Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 5-87, S 1,.2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No:* 7-92, 21 Jul 92) Sec. 624.14 Interpretation. In the interpretation and application of this Chapter. all provisions shall- be(1)' considered as minimum requirements; (2) liberally construed in favor of the governing,body, and; (3) deemed neither to limit nor repeal any other powers `granted under state statutes. (Ord. No. 5-87, S 1,.2 May 78; Ord. No. 6-87, S 1, 17. Mar 87; Ord. No.. 7-92, S 1, 21 Jul 92) Sec. 624.15 Warning and Disclaimer of Liability. The degree _offlood` protection required by this Chapter is considered reasonable for regulatory purposes and is -based on scientific and engineering consideration. Larger- floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or. flood `damage-S. This` Chapter shall. not create liability on the part of- the- City of Cape Canaveral "or -by any officer or employee thereof for' any flood- damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. No. 5-87, S 1, 2 May 78; Ord. No. 6-87, S 1 17 Mar 87 HOrd. No.. 7-92 S:,1,_ 21 Jul 92) Sec. 624.16 Penalties for Violation. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.16 FLOOD DAMAGE PREVENTION S 624.20 person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $ 250.00 per day and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained prevent the Cape Canaveral Precinct of the Brevard County Sheriff's Department from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord No. 7-92, S 1, 21 Jul 92) Article 4. Administration. Sec. 624.19 Designation of Administrator. The Building Official is hereby appointed to administer and implement the provisions of this Ordinance. (Ord. No. 5-87, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92,.S 1, 21 Jul 92) Sec. 624.20 Permit Procedures. Application for a Development. Permit shall be made to the Building Official on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature,location,- dimensions, and: elevations of the area in. question; existing or proposed building, fill, storage of materials,:. drainage facilities, and the location of the foregoing_. ,:_Specifically, the following: information is required: _ _ A. Application Stage. 1-. EleVatiorf in -relation to mean sea level of the proposed:. lowest floor_ (including, basement) of- all buildings; 2. Elevation in relation tomean sea level to which y.non-residential building will be flood -proofed; 3. Certificate from:._ a.: registered professional engineer, or;: architectY that the non-residential :. flood - proofed building_willmeet the flood -proofing criteria in Sec. 624.27;.. _- - 4 Description of the extent-,towhich any, watercoursewill be altered or relocated as a result of - _a.. proposed. development, , and; Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.20 FLOOD DAMAGE PREVENTION S 624.21 B. Construction Stage. Provide a floor elevation or flood -proofing certification after the lowest floor is completed, or in instances where the structure is subject to the regulations applicable to Coastal High Hazard Areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or flood -proofing 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 theBuilding Official a certification of the elevation of the lowest floor, flood -proofed elevation, 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. Said certification shall be prepared by or under the direct supervision of a registered land surveyoror professional engineer and 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 engineeror architect and certified by same. Any work undertaken prior to submission of - the 'certification- shall .: be at -. the _permit holder's risk. The Building Official shall review the floor: elevation survey data submitted.. Deficiencies detected by. such.. review shall be corrected by thepermit holder immediately and prior- to'- further, progressive..- work being permitted to 'proceed.: Failure - to submit the survey or failure- to make- said corrections- required. hereby, shall be. causeto issue a stop -work order for the project:' : (Ord. No. 5-87,' S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21rJu1 92)-` .: _ -. _ = Sec: - 624.21- " Duties and - Responsibilities --`° of the' Administrator-. Duties: 'ofLthe-Building.Official shall, include, :. butnot be -limited to: _ . _.. _ . _ A Review- all developmentpermits:: to- - assure _ that: the.. permit requirements of this Chapter have.. been': satisfied.' - - ' B: Advise' permittee•:= that . additionalfederal_ or . state permits may be' required, and: if. ' specific federal or state permit:"requirements are'• known, requirerthat copies of such permits ` be - provided "' and =- maintained: --ow .: file . with-:` the'- developaient C. Notify adjacent communities and the Florida Department of Environmental Regulations prior to any alteration or relocation of a watercourse, and submit evidence of ,such notification to the Federal Emergency Management Agency. -. Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.21 S 624.21 FLOOD DAMAGE PREVENTION 1 D. Assure that maintenance is provided within, the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. E. Verify and record the actual, elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Sec. 624.20. F. Verify and record the actual elevation (in relation to mean sea level)to which the new or substantially improved structures have been flood -proofed, in accordance with Sec. 624.20. G. In Coastal Hazard Areas, certification shall be obtained from a registered professional engineer or architect that the -structure is designed to be securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. H. In. Coastal High Hazard. Areas, the Building Official shall.. review plans for adequacy of breakaway walls in accordance with Sec. 624.27. -- I. :__When_ flood -proofing.. is_ utilized_ for a particular structure,-. the. Building_. Official- shall_ obtain. certification from_ a: registered professional, .engineer_ or_ architect,_ in accordance. with Sec.; 624. 27._ _ _ yam. � ,, ss :.__._ .. _ t "•' ( .`}' s ��T`. - _, .J ,. 8 ', F, s''_ 71 y.. .E, — ^ _ %�. C • ` 5 $: J. Where interpretation is needed as to the_ exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped: boundary.: andactual: fieid: conditions) the •Building Official, shall make the necessary interpretation.=_.. The person contesting thelocation of the boundary shall be given a reasonable,:. opportunity.::.to_ appeal _the interpretation as provided:. in.. this- article. _ _ : K . Whenbase floodelevation data: or f loodway data have not.. beenprovided in: accordance:; with. Sec.. 624. 10, then _the Building Officialshall obtain, review and reasonably utilize- any, base, flood': elevation:_and::.floodway data available from_a-_. federal, state or other source, in order to administer the provisions of Article 5.. CE Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.21 • FLOOD DAMAGE PREVENTION S 624.22 L. All records pertaining to the provisions of this Chapter shall be maintained in the office of the Building Official and shall be open for public inspection. (Ord. No. 5-87, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Sec. 624.22 Variance Procedures. A. The Zoning Board of Adjustment as established by the City of Cape Canaveral shall hear and decide appeals and requests for variances from the requirements of this ordinance. B. The Zoning Board of Adjustment shall hear and decide appeals when it is allegedthere is an error in any requirements, decision, or determination made by the Building Official in the enforcement or administration Of this Chapter. C. Any person aggrieved by the decision of the Zoning Board. of Adjustment or any taxpayer may appeal such decision to the Circuit Court. D. Variances may be issued for the, repair or rehabilitation of historic structures (see definition) upon a determination that the proposed repair or rehabilitation will not preclude''the- structure's continued designation as a historic structure and -the variance is the minimum to preserve the historic characterand design -of the "structure. E. In passing upon such application, the. Zoning- Board of Adjustment shall consider all' technical evaluations, all relevant- factors,all standards -specified- in- other sections sections of - this Chapter, and: 1. The danger that materials may be 'swept onto other lands to the injury of others; - 2 : = The danger .to life' and property due` to flooding or erosion damage; 3 The's_iisceptibi`lity of the proposed facility and its contents -to to ' f Tood -damage arid: the " . of f ect: ` Of,' such damage on the individual owner; The; importance of the services provided by the `~=° proposedrfacility; to= the= community;` - 5.. The necessity :of -`the facility to•. a waterfront • locati""on' s. in the "case -of ' "a finctionally- "dependent facility; Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.22 FLOOD DAMAGE, PREVENTION S 624.22 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and •bridges., F. Upon consideration of the factors listed above, and; the purposes of .this Chapter,. the Zoning Board, of Adjustment_ may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. G. Variances shall not be issued within any -designated f loodway: if any increase in flood levels during the base flood discharge would result. U:•,r _ H. Conditions for_Variances:_ 1. Variances shall onlybe issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that;the variance is the minimumnecessary so as not to destroy- the.. historic character' • and design of the building. .. Y 2 Variances, shall only be issued. upon (1)_ a showing of good and sufficient: cause_ and• (2 ). a determination: that failure to grant the variance would result in exceptional hardship,t and; j (3 )..,. a determination.. thatsthe granting of _;avariance.wi1i.not result in indreasedfloods heights, Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.22 FLOOD DAMAGE PREVENTION S 624.26 additional threats to public safety,extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 4. The Building Officialshall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. No. 5-87,'S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Article 5. Provisions for Flood Hazard Reduction. Sec. 624.26 General Standards. In all areas -of special flood hazard the following provisions shall apply: A. New construction and substantial improvements shall be' -anchored to prevent flotation,` `collapse or lateral movement of . the structure; B. Manufactured homes shall be anchored' to prevent flotation,- collapse, or lateral movement. Methods of anchoring- may include, butare_. not. limited to, = .use of - over- the=top or frame tiestoground anchors. 'This•standard shall be in addition' to r and consistent ' with - applicable --state requirements for resisting wind forces'. C.-- New construction_ and_ substantial improvements shall be constructed with materialsand: utility equipment resistant to flood _damage; D." New construction or substantial improvements shall be constructed by methods -and"that- minimize flood damage; E. Electrical,. heating, .ventilation, plumbing, air conditioning equipment,and- other: service' facilities shall be designed and/or -located so as:to prevent water from entering. or- accumulating within the c�inponents during conditions of flooding:.;_ :._ ..... = Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.26 FLOOD DAMAGE PREVENTION S 624.27 F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; H. On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; I. Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this Chapter, shall meet the requirements of "new construction" as contained in this Chapter. J. Any alteration, repair, reconstruction or improvements to a building which is not compliance with the provisions of this ordinance, shall be undertaken only if said non -conformity is not furthered, extended, or replaced. K. 7:-; Adequate- drainage:. paths- _shall - be provided around structures: to, guide shallow floodwaters or stormwater runoff: aroundand away from them.: (Ord. No. 5-87, S 1,.2 May_78;` Ord. No. 6-87, S 1, 17 Mar 87; Ord. 7-92, S 1, 21 Jul~92; Ord. 25-92,, S 2,_ 5 Jan 93): = Sec. 624.27 Specific Standards.-.-Inall areas ofr special flood hazard where base flood elevation data have been provided, .: as _ setr forth: in;. Sec. 624.10 or Sec. 624.21,-- the following provisions are_ required: A.:-- Residential Construction. New construction or substantial impr�vement,of any residential building shall have the lowest floor, including basement, elevated no lower_than__ one (1) foot above the base flood elevation. Should solid foundation -perimeter walls be used to elevate a building, openings sufficient to facilitate the unimpeded movements -of. flood waters shall be provided in accordance with standards of- Sec. 624.27. B�.:_ Non -Residential Construction. New construction- or substantial, improvement. of, any_ commercial, industrial,or non- _ residential, building;_.shali have lowest floor, including_ basement, elevated no lower than one (1) foot above the, level, • • Chapter Revised - Ord. No. 7-92 March 30, 1993 S 624.27 FLOOD DAMAGE PREVENTION S 624.27 I � of the base flood elevation. Buildings located in all A -zones may be flood -proofed in lieu of being elevated provided that all areas of the building below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official set forth in Sec. 624.20. C. Elevated Buildings. •New construction or substantial improvements of elevatedbuildings that include fully enclosed areasformedby foundation and.. other exterior walls below the base flood elevation shall be designed to preclude finished living space anddesigned to allow for the entry: and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. 1. Designs for complying with this requirement must either be certified by- a professional engineer or architect or meet the following minimum criteria: a: Provide a'minimum of two. (2) openings having a total net area of" note less than: one square inch for every- - square foot'=- of: - enclosed: area subject to flooding; '.b. The bottom of all_ openings-. shall; be no higher ==-. -. than-. one= (1y . foot -above' grade; -and; c; Openings`maylbe equipped with screens, louvers, valves or other`coverings7or='devices provided they permit the automatic flow of floodwaters in both directions.. 2. Electrical, plumbing, and other utility connections: are prohibited:: below .= _the .:- base flood elevation; :-- 3 Accesstothe enclosed area shall be the minimum necessary -to allow for parking of -vehicles` (garage door) or limited storage -'of maintenance= equipment used in connection with the premises (standard exterior door) or entry-�to -.the = living= areal (stairwliFor= elevator) ;1 and 4. The: -interior portion of such enclosed, area shall not be partitioned or_finished-into separate rooms. Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.27 FLOOD DAMAGE PREVENTION S 624.27 D. Standards for Manufactured Homes and Recreational Vehicles. 1. All manufactured homes placed, or substantially improved, on individual lots of parcels, in expansions to existing manufactured homeparks or subdivisions, or in substantially improved manufactured home parks or subdivisions, must meet all the requirements for new construction, including elevation and anchoring. 2. All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that: a. The lowest floor of the manufactured home is elevated no lower than one (1) foot above the level of the base floodelevation, or b. The manufactured home chassis, is supported by reinforced piers or other foundation elements of at least an equivalent strength, of no less than 36 inches in height above. grade.: .. c._ The manufactured home .must •be securely anchored to the adequately. anchored foundation system to resist flotation, collapse. and lateral movement. d. In an existing manufactured home park or c:.;:. subdivision on .:_which. aN manufactured home has incurred -:.."substantial damage" as thee. result of a flood, any manufactured home placed or substantially improved must meet the standards of Section 624.27(D) (2) (a) : and (c) above.- C. All recreational vehicles placed: on sites must either: 1. Be fully licensed and ready for highway use,: or 2. The recreational vehicle must meet all the _: requirements-;, for:, :: new __ construction,. including anchoring : and elevation- _requirements _of - Section 624 : 27 (D) (2 )- (a)-: and: (c) above r f %Zr` - - - - m-c... i _..A; recreational vehicle- is ready for highway .use if,it is on its wheels or jacking system, is attached to the site only: by quick disconnect,_ type utilities-.: and .. security devices, and: has no permanently_. attached structures. Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.27 FLOOD DAMAGE PREVENTION S 624.27 E. Floodways. Located within areas of special flood hazard established in Sec. 624.10 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels duringoccurrence of the base flood discharge; 2. If Sec.- 624.27 is. :.satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V, and; 3. Prohibit the placement of manufactured homes (mobile homes); except in an existing manufactured home (mobile -homes) park or subdivision: • A replacement :manufactured -home "may be placed on a lot in an existing manufactured home t -park, or subdivision provided the anchoring''standards of Section 624.26 and- the- elevation and- encroachment -standards of Section '624.27- are met.. Coastal" High' Hazard Areas (V Zones) ..:. Located within the. areas- of- specialflood. hazard: established : in' Sec. 624.10 are areas designated asp Coastal 'High Hazard' areas:- These areas have special flood hazards associated with wave wash, therefore,_. the following- provisions shall- apply: 1. All buildings or structures shall be located a minimum of fifty (50)_ feet landward of the reach of the mean- high tide; 2 All'buildings or structures shall be elevated so that the bottom of the lowest supporting horizontal member (excluding pilings or columns) is located a minimum` 'of one (1) -foot 'above the base-- flood` elevation level; "with all'' space below.th - lowest supporting n►ember open so as not to impede the flow of water. Open` lattice ..work or decorative.' screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Sec. 624.27; Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.27 FLOOD DAMAGE PREVENTION S 624.27 3. All buildings or structures shall be anchored on pilings or columns; 4. All pile and column foundations and structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. Water loading values shall equal or exceed the base flood. Wind loading values shall be in accordance with Chapter 1205 of the Southern Standard Building Code Congress International, Standard Building Code, 1988/1989 Edition (or subsequent edition then in effect) . 5. A registered professional engineer or architect shall certify that the design, specifications and plans for construction are. in compliance with the provisions contained in Sec. 624.27 of this Chapter. 6. There shall be nofill used as structural support. ..Non -compacted: fill may be used around the perimeter. of a building for; landscaping/aesthetic purposes provided _the fill -will wash out from storm surge,; (thereby rendering_ the:. building free of obstruction) prior:: to generating, excessive loading forces,,.. ramping effects,.. or : wave deflection..:` :. The Building: , Official shall -approve design : -plans- for landscaping/aesthetic fill only after the applicant has provided., an . analysis by; an engineer,. architect, and/or soil scientist,_, which demonstrates that the .following factors -have been fully considered: __.. - s."'<• �_ is .. a. ;Particle composition of: -fill material does.' not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave deflection to adjacent properties; and__:; c. -Slope of fill will not _cause_ wave run-up or ram in 7.� There:,shall ,be:; no _alteration-, of:_ sand dunes or mangrove,- stands ---,which, would.- increase potential flood damage :- _. _ ='•s ���'� 3ia"S= s" '£'a Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.27 FLOOD DAMAGE PREVENTION S ',624.28 8. Lattice work or decorative screening shall be allowed below the base flood elevation provided they are not part of the structural support of the building and are designed so as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: a. No solid walls shall be allowed, and; b. Material shall consist of lattice or mesh screening only. 9. If aesthetic lattice: work or screening is utilized, such enclosed spaceshallnot be designed to be used for human habitation,but shall be designed to be used only for parking of vehicles, building access, or limited storage. of -maintenance. equipment used in connection with the premises. 10. Prior to construction, plans .for _.any .structures - that will have lattice work or decorative screening must �_ be submitted to; the Building, Official_ for_ approval. 11. Any alteration,- _ repair,.: reconstruction_ or. improvement to a structure shall not enclose the space below : the lowest floor:-, except _ with ;lattice, workor decorative screening;: as.: provided: for, in_ Sec. - 624.27 . :- 12 .: Prohibit_ the_. placement : of : manufactured . homes (mobile homes) ; except-,: in an -.existing manufactured: home- (mobile,c homes);.:_: park.. or r.3_.subdivision .-; -A r repl-acement:. :.:-_ manufactured home, may beplacedon a- ,lot - in an: existing <_. manufactured, home park or: =•subdivision . provided the anchoring standards of Sec. 624.26, and the elevation standards of, Sec. 624.2-7_ are:_. met. =.';. (Ord:. No. 5-78,, S 1, 2 May .78; Ord. No. 6-87, S1, 17 Mar: 87; _Ord.:, No. 7792,, S& 1 21.7 Jul92) _::Sec. 624.28 Standards for Streams -without established Base, Flood' :Elevation and/or Floodways Located_within the areas, of: special, flood-- hazard. established ; in : Article. 3, I of this Chapter, where streams exist- but where no base flood data: - has been provided or where base flood data has been provided without floodways, the following provisions apply: A. No encroachments, including fill material or structures shall be located within areas of special Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.28 FLOOD DAMAGE PREVENTION S 624.30 flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. B. New construction or substantial improvements of buildings shall be elevated or flood -proofed to elevations established in accordance with Section 624.21(K). (Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Sec. 624.29 Standards for Subdivision Proposals. A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All' subdivision proposals shall have adequate drainage provided -to reduce exposure_to:flood hazards -, and; D. - Base flood elevation data: shall be provided for subdivision: proposals" and` other proposed- development (including manufactured home parks and subdivisions) which is greater than : the lesser of- fifty lots ' or five (5) acres. (Ord. No.- 6-87, S 1, 17 Mar 87; Ord. No. 7-92,- S 1, 21 Jul 92) Sec. 624.30 Standards for Areas of Shallow Flooding (AO) Zones. Locatedwithin theareas of special floodhazard established in text, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base__ flood_ depths of - one to _ three _ feet . (1' -. 3.' ) where a clearly" defined channel does not exist_. and where=the path of flooding -is unpredictable" and- indeterminate; therefore,r the.. - following provisions- shall'apply:=: Chapter Revised Ord. No. 7-92 March 30, 1993 S 624.30 FLOOD DAMAGE PREVENTION S 624.32 A. All new construction and substantial improvements of residential buildings shall have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade. B. All new construction and substantial improvements of non-residential buildings shall: 1. Have the lowest floor, including basement, elevated to the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade, or; 2. Together with attendant utility and sanitary facilities be completely flood -proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Sec. 624.31 Severability. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application and to this end the provisions of this Chapter are declared severable. (Ord. No. 5-78, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Sec. 624.32 Penalty. Any person violating any of the provisions of this Chapter shall be punished as provided in Sec. 801.05. (Ord. No. 5-78, S 1, 2 May 78; Ord. No. 6-87, S 1, 17 Mar 87; Ord. No. 7-92, S 1, 21 Jul 92) Chapter Revised Ord. No. 7-92 March 30, 1993 § 625.01 STANDARD EXCAVATION § 625.03 AND GRADING CODE CHAPTER 625 STANDARD EXCAVATION AND GRADING CODE Sec. 625.01 Excavation and Grading Code Adopted. The following Code is hereby adopted by reference as though it was copied herein fully: Standard Excavation and Grading Code - 1975 Edition. [Ord. No. 3-76, § 1, 9 Mar 1976; Ord. No. 13-82, § 6, 7 Sep 1982; Ord. No. 5-86, § 7, 4 Mar 1986] Sec. 625.02 Administrative Authority or Official. Whenever the term Administrative Authority or Official is used in the Standard Excavation and Grading Code, it shall be construed to mean the Building Official of the City of Cape Canaveral, Florida or his authorized repre- sentative. [Ord. No. 13-82, § 7, 7 Sep 1982] Sec. 625.03 Penalty. Any and all persons who shall violate any of the provisions of this Chapter or shall fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed state- ment or specifications or plans submitted and approved thereunder or any certificate or permit issued there- under, shall severally for each and every such violation and noncompliance, respectively, be punished as provided in § 801.01. [Ord. No. 3-76, § 1, 9 Mar 1976; Ord. No. 13-82, § 8, 7 Sep 1982] C. 651.01 BEACH AND DUNES CHAPTER 651 BEACH AND DUNES S 651.04 Sec. 651.01 Short Title. This Chapter shall be known as the "City of Cape Canaveral Beach and Dune Protection Code." [Ord. No. 14-72, § 1, 19 Sep 72] Sec. 651.02 Authority. This Chapter is adopted pursuant to Sections 167.005, 167.05, Florida Statutes and Article I, Section 3, Article II, Section 1, para- graphs 9, 26, 28, 40, 41 and 61, City of Cape Canaveral, Florida Charter. [Ord. No. 14-72, S 2, 19 Sep 72] Sec. 651.03 Purpose. The purpose of this Ordinance is to repair and protect the natural barriers which shield inland areas from the ravages of storms. Its purpose is also to protect the beaches and shores of the City from erosion. The most permanent and effec- tive means of effecting these purposes is to preserve the natural vegetative cover which binds the sand forming the natural barriers or dunes. In that the most critical vegetation, the dune grass is most vulner- able to trampling, traffic across it must be carefully controlled. [Ord. No. 14-72, 6 3, 19 Sep 72] Sec. 651.04 Related Regulation and Technical Reference. The following Florida Statutes are related to, but not controlling on. this Chapter: Section 161.052, Costal Construction and Excavation Regulation; Section 370.041, Harvesting Sea Oats and Sea Grapes Prohibited. Also, related is City of Cape Canaveral Resolution 72-29, Building Plans on Lots Fronting the Atlantic Coastline to be Approved by Florida Department of Natural Resources. The following technical publi- cations are appropriate reference: "Dune Formation and Stabilization by Vegetation and Plantings," Army Corps of Engineers, Coastal Engineering Research Center, Tech- nical Memorandum No. 101; "Dune Stabilization with Vegetation on the Outer Banks of North Carolina." Army Technical Memorandum No. 22, "Creation and Stabili- zation of Coastal Barrier Dunes," Army Corps of Engineers, Coastal Engineering Research Center, Reprint 3-69; "Design with Nature," Ian L Mcharg, The Natural History Press,,Garden City, New York, 1969. [Ord. No. 14-72, § 4, 19:'Sep 72] § 651.05 BEACH AND DUNES § 651.09 Sec. 651.05 Definitions. Dune Area as used in this code is defined to mean any land within fifty (50) feet of the bluff line at any repairan coastal location fronting the Atlantic Coast shoreline Bluff Line as used in this code is defined to mean the line determined by those points located on the easternmost edge of the elevated, vegetated bank which is commonly found adjacent to the Atlantic Coast mean high water line; irrespective of whether said bank may not be elevated and vegetated at some points. [Ord. No. 14-72, § 5, 19 Sep 72] Sec. 651.06 Natural Barriers Protected. It is unlawful for any purpose to remove any soil from, or lower the elevation at any point within the dune area. [O.rd. No...14-72, § 6, 15 Sep 72] Sec. 651.07 Beach Soil Removal Prohibited. It shall be unlawful for any person to remove any sand, shell, gravel and other earthen material in excess of one cubic foot from the ocean beach within the limits of the City of Cape Canaveral between the ocean bluff and the low water mark of the spring tides. [Ord. No. 13-62, § 1, 21 Dec 62] Sec. 651.08 Vegetation Protected. It is unlawful for any purpose to cut, remove or eradicate any of the vegetation Uniola Paniculata, commonly known as sea oats, or Coccolobis Uvifera, commonly known as sea grapes, or Ammophila Breviligulata, commonly known as American beachgrass, or any natural species having an extensive Rhizome system and stiff stems and leaves, from the dune area. [Ord. No. 14-72, § 8, 19 Sep 72] Sec. 651.09 Present Destruction to be Remedied. At any location in the dune area where the acts enumerated in Sections 651.06 and 651.08 have occurred, whether by man or by nature, the damage shall be repaired by suit- able means. [See Section 4 references.) It shall be unlawful to hinder or interfere with any repair operations or structures. [Ord. No. 14-72, § 8, 19 Sep 72] • § 651.10 BEACH AND DUNES 5 651.10 Sec. 651.10 Penalty. Any person, firm or corpora- tion violating any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00) or shall be imprisoned for not more than ten (10) days, or both for each violation. [Ord. No. 14- r- § 652.01 AESTHETIC REGULATIONS CHAPTER 652 AESTHETIC REGULATIONS § 652.05 Sec. 652.01 Authority. This Chapter is enacted under the home rule power and the police power of the City of Cape Canaveral, Florida, in the interest of public health, peace, safety, and general welfare of the citizens and inhabitants of Cape Canaveral, Florida. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.03 Scope. This Chapter shall be effective throughout the Cityf Cape Canaveral, Florida. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.05 Purpose. A. The intent of the City Council in adopting this Chapter is to establish reasonable and uniform regula- tions on the appearance of public areas, business establishments and residential communities within the City. B. Good community appearance is the product of orderly and harmonious relationships existing between man-made objects and nature. Appearance has a direct bearing on the economic value of property. When the appearance of public areas, business establishments and residential communities is good; business people, home- owners and industrial developers tend to have a strong confidence in the community. Poor appearance, con- gestion and lack of proper maintenance bring about blight, decay, decreased property values, loss of revenues and decreased community confidence. C. People are intensely aware of and affected by bad design or lack of attention to it. Poor quality of design in the exterior appearance of buildings or in the development and maintenance of structures, land- scaping, signs and general appearance affect the desirability of immediate and neighboring areas for residential, business, industrial or other uses. Further, it impairs the benefits of occupancy in existing property, prevents the most appropriate devel- opment of such areas and produces undesirable conditions affecting health, safety, comfort and general welfare of the inhabitants of the city. § 652.05 AESTHETIC REGULATIONS § 652.09 D. It is the purpose of this Chapter to prevent the harmful effects that poor exterior property appearance can cause in the City and thus to promote and protect the public confidence and prosperity and to conserve the value of property. [Ord. No. 10-88. § 1, 6 Sep 88] Sec. 652.07 Administration. The Code Enforcement Officer and Code Enforcement Board shall enforce this Chapter. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.09 Definitions. Aesthetic - Pertaining to beautification and .good appearance through design, quality, maintenance and good upkeep. Appearance - The outward aspect visible to the public. Appurtenances - The visible, functional objects or accessories to and parts of a building. Blighting - Any cause of destruction or ruin; to cause to wither or decay. Deterioration - The condition or appearance of a building or parts thereof showing evidence of physical decay, neglect, excessive use or lack of maintenance. • Encroachment - Entering by gradual steps into the possessions or rights of others. Family - An individual or a group of persons related to each other by blood or marriage or a group of not more than four (4) adults who are not necessarily so related, living together under one roof as a single household unit. Filth - Foul matter; unsanitary conditions; offen- sive or disgusting. Infestations - The presence of insects, termites, rodents, vermin or other pests on the premises which constitute a health or structural hazard. Landscape — Elements of nature and man-made objects combined in relation to one another. i 6 652.09 AESTHETIC REGULATIONS § 652.11 Nuisance - Everything that endangers life or health, gives offense to senses, violates the laws of decency or obstructs reasonable and comfortable use of property. Obnoxious - Very unpleasant, objectionable and offen- sive. Screening - Structure •or planting which conceals from public view the area behind such structure or planting. Topography - The physical characteristics of land. (Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.11 Property Exterior Maintenance Standards Established. Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements with- in the City of Cape Canaveral. Lawns and planting require considerably more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good appearance. A. The owner of every single family or multiple - family dwelling, commercial or industrial property or its appointed agent or agents, occupants, operators, tenants, or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. B. Exterior property areas (front section only) shall be free of clotheslines or other outside methods of drying clothing or other materials. C. Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighbor- hood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. § 652.11 AESTHETIC REGULATIONS § 652.13 D. Exterior property of buildings under construc- tion shall be maintained during the period of construction as free of debris, rubbish or litter as possible so as not to constitute a blighting effect on the neighborhood. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.13 Duties and Responsibilities of Mainten- ance Standards Established. A. The Owner of every single family or multiple - family dwelling, commercial or industrial property, its appointed agent or agents, occupants, operators, tenants, or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: 1. Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse debris and inoperative machinery. 2. Dead or dying trees and limbs or other natural growth which, by reason of rotting, deterio- ration or storm damage constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. 3. Holes, excavations, breaks, projections, obstructions. All such holes and excavations shall be filled and repaired; walks and steps replaced and other conditions removed where necessary to elimi- nate hazards or unsanitary conditions with reasonable dispatch upon their discovery. 4. Excretions of pets on paths, walks, drive- ways, parking lots, parking areas, and other parts of the premises which are accessible to and used by persons on the premises. 5. Excessive accumulation of storm water. 6. Source of infestation. 7. Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. B. The Owner of every single family or multiple - family dwelling, commercial •or industrial property, its § 652.13 AESTHETIC REGULATIONS § 652.15 appointed agent or agents, occupants, operators, tenants, or anyone otherwise using the property in any form or manner shall provide: 1. Adequate placement of trash cans and dumpsters in strict observance of such Chapters and guidelines for garbage and trash collection service. 2. Screening of service yards and -dumpster areas by use of walls, fencing, planting and/or com- bination of these. Screening shall be equally effective in winter and summer. (See Sec. 639.25, Visibility at Intersections, and Sec. 639.27, Fences, Walls and Hedges, of the Zoning Regulations) 3. Parking areas in good repair, free from erosion, properly marked and clear of litter and debris. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.15 Criteria for Building Appearance & Maintenance; Commercial, Industrial and Residential. Architectural style is not restricted - evaluation of appearance and maintenance of the building shall be based on quality of its design and relationship to sur- roundings. The following criteria unless specifically limited shall apply to all improvements within the City. A. Buildings shall have a good scale and be in har- monious conformance with permanent neighboring developments. B. Materials shall have good architectural character and shall be selected for suitability to the type of buildings and the design in which they are used. Materials shall be of durable quality and appropriate to the climatic conditions of Florida. C. Mechanical equipment including air conditioners or other utility hardware on roof, ground or buildings shall be screened from public view when practicable with materials harmonious with the building or they shall. be located so as not to be visible from any public ways. This equipment shall conform with normal noise standards and shall not emit excessive noise. § 652.15 AESTHETIC REGULATIONS § 652.15 D. Buildings and appurtenances, including signs should be cleaned, painted, repaired, and free of mildew as required to present a neat appearance. Dete- riorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. E. Exterior porches, landings, balconies, stairs, and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept struc- turally sound in good repair. F. All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. G. On commercial or industrial property, all store fronts and walls exposed to public view shall be kept in good repair, and shall not constitute a safety hazard or nuisance. All windows exposed to public -view shall be kept clean and free of marks or foreign sub- stances except when necessary in the course of changing displays. No storage of materials, stock or inventory shall be permitted in display window areas or other areas exposed to public view, unless such areas are first screened from public view with suitable material. H. Any commercial or industrial building vacant for more than fifteen (15) days, shall be maintained in a suitable manner. All glass surfaces visible to the public shall be kept clean and screened from the inside and the adjacent lawns, landscaping, driveways, and fences shall be maintained regularly. I. Exterior lighting used to illuminate a building and its grounds for safety purposes shall be in an aes- thetic manner. J. Monotony; of design in single or multiple building projects shall be avoided. Whenever possible, variation of detail, form and siting shall be used to § 652.15 AESTHETIC REGULATIONS § 652.19 provide visual interest and prevent a monotonous appear- ance. K. All permanently placed trailers/mobile homes shall be skirted with harmonious materials to prevent animal infestations and encroachment. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.17 Criteria for Landscape Appearance and Maintenance. The Community depends on trees and plant material to enhance its beauty, moderate its climate and provide year-round greenery and color. Landscaping criteria shall include but not be limited to the following: A. All landscaped areas shall be maintained so as to present a neat and orderly appearance. B. All dead or deteriorated plant material shall be promptly replaced or removed. C. Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification of topo- graphy will be permitted where it contributes to good appearance. D. Parking areas and traffic ways shall be encour- aged to be enhanced with landscaped parking spaces containing trees or tree groupings. (See Sec. 639.44, Interior Landscaping for Off -Street Parking Areas, of the Zoning Regulations). Shrubs shall be used only when they will not obscure vision and will not require excessive maintenance. E. All public landscaped areas shall be protected from vehicular encroachment. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.19 Criteria for Sign Appearance and Mainte- nance. A. All signs exposed .to public view permitted by reason of Sign Code, Chapter 653 shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall with their § 652.19 AESTHETIC REGULATIONS § 652.21 supporting members be removed or put into a good state of repair. All. non -operative or broken electrical signs shall be repaired or shall, with their supporting members be removed. B. Any awning or marquee and its accompanying struc- tural members shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the eventsuch awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed. In the event said awnings or marquees are made of fire resistant cloth, metal or plastic, said cloth, metal or plastic shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or holes. C. Wall and ground signs shall be part of the archi- tectural concept. Size, color, lettering, location, and arrangement shall be harmonious with the building design, and shall be compatible with signs on adjoining buildings. D. Identification signs and business signs shall conform to the building design and surrounding --land- scape. E. Materials in signs shall have good architectural character and be harmonious with building design and surrounding landscape. F. Every sign shall have good scale in its design and in its visual relationship to buildings and sur- roundings. G. Lighting of signs shall be harmonious with the design and in accordance with Sec. 653.18 of the Sign Code. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.21 Public Property Maintenance Standards Established. A. Sidewalks, curbs, gutters and median strips and other public improvements in the public right-of-way shall be repaired and maintained regularly to maintain aesthetic appearance. § 652.21 AESTHETIC REGULATIONS § 652.23 B. To avoid littering of waste materials, refuse containers of an aesthetically satisfactory design and color shall be placed in locations which will encourage their use. C. Street hardware and signs shall be erected and maintained straight and secured properly and shall be cleaned or painted regularly to present an orderly appearance. D. Beach area shall be cleaned by appointed person- nel and maintained free of litter, debris and rubbish on a permanent basis to promote safe and sanitary conditions. E. Beach crossoversand all City property shall be maintained free of graffiti, in good repair, and free of hazards to the public. F. Landscaping on the City streets and beach area shall be kept in good condition and free of dead or deteriorated plant material. [Ord. No. 10-88, § 1, 6 Sep 88] Sec. 652.23 Penalties for Violations. Any person convicted of a violation of this Chapter shall be punished as provided in Section 801.05. [Ord. No. 10- 88, § 1, 6 Sep 88] § 653.01 SIGN CODE CHAPTER 653 SIGN CODE § 653.04 Sec. 653.01 Establishment of Sign Code. This Chapter shall hereafter be known and cited as the "Sign Code". [Sign Ord., § 1, 30 Mar 65; Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.02 Statement of Purpose and Scope. A. The purpose of this Chapter is to create regula- tions for the design, construction and location of signs that will protect the safety and welfare of the public, eliminate dangerous and unsightly signs and provide for adequate maintenance and inspection of signs without impeding the inherent right of business to advertise and reasonably assist potential customers in locating and identifying any service or facility they may desire to use or any product they may desire to purchase. B. This Chapter is intended to cover all require- ments relative to types, sizes, heights, verbal content, permissible locations, restrictions, permits and licenses, inspections, indemnification, materials or manufacture and/or construction, methods of erection, maintenance, procedure for requesting variances, and penalties for violation of the provi- sions prescribed herein for all signs placed, installed, and/or erected within the limits of the City of Cape Canaveral which are exposed to the out-of-doors view of the public. [Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.03 Administrator The Building Official shall act as administrator of the provisions of this Chapter, acting in lieu of the governing body. As used in this Chapter, "administrator" shall include his authorized representative. [Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.04 :Definitions. Unless otherwise clearly required by the ;context, the terms used in this Chapter shall have the following meanings; the word "shall" is always mandatory and not merely directory. § 653.04 SIGN CODE S 653.04 Attraction Board. Any sign on which the copy may be manually changed from time to time by use of changeable letters or panels. Awning. Any structure made of cloth or metal with a metal attached to a building and projecting over a thoroughfare, so erected as to permit its being raised to a position flat against the building when not in use. Banner Sign. Any sign having the characters, letters, illustrations or ornamentations applied to cloth, paper or fabric. Billboard or Off -Premise Sign. A sign advertising a product or service, including entertainment or candi- dacy, which product or service is not available for sale or performance at the place where the sign is located. City. The City of Cape Canaveral, Florida. City Council or Council. The City Council of the City of Cape Canaveral, Florida. Code Enforcement Board A Board established by City Code Chapter 265, to enforce the Code of Ordinances of the City of Cape Canaveral. Directional Sign. A sign directing or guiding traffic or people to entrances, exits or parking. Erect. Shall mean to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs. Exempt Signs. Signs exempted from normal permit requirements. Ground Sign. A sign when such sign is supported by uprights or braces in or upon the ground. Marquee Sign. ,A projecting sign attached to or hung from a marquee or said marquee shall be known to mean a canopy or covered structure projecting from and support- ed by a building, when such canopy or covered structure extends beyond the building, building line or property line. § 653.04 SIGN CODE § 653.04 Noncombustible Material. Is one which, in the form and thickness in which it is used, meets any of the following requirements: 1. Materials which pass the test procedures for defining noncombustibility of elementary materials set forth in ASTM E136. 2. Materials having a structural base of noncombus- tible materials as defined in paragraph (1), with a surfacing not more than one -eighth inch thick, which has a flame -spread rating not greater than fifty (50) when tested in accordance with the method of test for surface burning characteristics of building materials set forth in ASTM E84. Nonconforming Sign. Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Chapter and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Chapter; or a nonconforming sign for which a special permit has been issued. Off-Site/Off-Premise Sign. A sign not related in its subject matter to the premises on which it is located. On -Site Sign. A sign related in its subject matter to the premises on which it is located. Outdoor Advertising Display. Any. letter, figure, character, mark, plane, point, marquee, sign, design, poster, pictorial picture, stroke, stripe, line, trade- mark, reading matter, or illuminated service, which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatso- ever so that the same shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any manner whatsoever out-of-doors. Owner. The person owning the fee -simple title to the property upon which a sign is located for which a permit is required. Permittee. The person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. § 653.04 SIGN CODE 651.04 Person. Shall mean and include any person, firm, partnership, association, corporation, company or other legal entity. Portable Signs. Signs that may be hauled or towed from one location to another, are self-supporting, are designed to be temporarily emplaced without a permanent base or fastening. Projecting Sign. A sign which is affixed to any building wall or structure and extends beyond the building wall, structure, building line or property line more than twelve (12) inches. Registered Engineer. An engineer registered in the State of Florida who is in good standing with the Florida State Board of Engineering Examiners. Roof Sign. Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Shopping Center. A building with two (2) or more businesses used for the display or sale of merchandise. Sign. Shall mean and include every display, bill- board, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and street clock., and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out-of-doors in view of the general public. Sign Erector or Contractor. Any person engaged in the construction, reconstruction, or erection of any sign requiring structural framework and support, or using electric power, or requiring a scaffold for erection or applications. Sign Writer or Painter. Any person engaged in the painting or application of signs on windows, doors, walls, awnings o;r elsewhere, when such signs require no structural framework or electric power. Snipe Sign. A small sign of any material including, but not limited to, paper, cardboard, wood or metal § 653.04 SIGN CODE § 653.05 attached to any object and having no application to the premises where located. Vehicular Sign. Any sign on a motor vehicle. Wall Sign. A sign that is affixed to the wall of any building, when such sign shall project not more than twelve (12) inches from the building. Wall signs may not extend above -the roof line or facade. [Ord. No. 9- 82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.05 Application. The following signs are excluded from the operation of this Chapter unless here- inafter noted. A. Signs painted on the exterior surface of buildings, in accordance with Sec. 653.28. B. Decals affixed to or signs painted on store fronts, store equipment, canopies, fuel pumps, or other types of vending equipment used for dispensing retail products. C. Signs wholly within a building. D. Memorial signs, tablets, or plaques, or names of buildings on date of erection when the same are cut into any masonry surface or when constructed of bronze or other incombustible material. E. Professional name plates not exceeding three (3) square feet in area. F. Bulletin boards not over eight (8) square feet in area for public charitable or religious institutions when the same are located on the premises of such insti- tutions, and one (1) identification sign not exceeding ten (10) square feet. G. Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house, placed flat against the exterior surface of the building and not exceeding three (3) square feet in area, except in Residential Single Family and Duplex where the size shall not exceed two (2) square feet. § 653.05 SIGN CODE § 653.06 H. Directional signs to historical or geographical points of interest which are maintained or operated as commercial attractions or enterprises. I. Traffic or other municipal signs, legal notices, danger signs and, temporary emergency or nonadvertising signs. J. Signs consisting of an arrangement of a group of single cut-out letters when securely fastened to a building or structural part of building, in accordance with Sec. 653.28. [Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.06 Prohibited Signs and Sign Features. A. Signs on Public Utility Poles and Trees. Signs, regardless of whether exempt from permanent require- ments, including political signs, are prohibited on public utility poles or trees. B. Obstruction of Free Ingress or Egress. No sign shall be erected, relocated, or maintained so as to obstruct free ingress to or egress from any door or fire escape, other than warning signs. No sign of any kind shall be attached to a standpipe or fire escape. C. Signs on Rights -of -Way. Signs, except for those which are property of the State of Florida or of the City of Cape Canaveral, or of the County of Brevard, shall not be erected, posted, painted, tacked, nailed or otherwise placed or located on or above any! road rights -of -way. D. Flashing Signs Prohibited.. Any sign which con- tains or uses lights or lighting device or devices which flash or alternate, are prohibited. E. Portable Signs. Any sign, excluding vehicular signs, which is mobile or is not securely and perma- nently attached to the ground or a building is prohibited. F. Signs on Vehicles. Signs which increase the dimensions of vehicles in excess of one -eighth '(1/8) inch in any direction are prohibited, except for'signs designating Taxi, Ambulance, or the destination of § 653.06 SIGN CODE public vehicles. All other illuminated vehicles are specifically prohibited. G. Off -Site Signs. It is the expressed legislative intent of the City Council that there shall be a prohibition, without any exceptions, against the use of any portion of a street, sidewalk, alley, right-of- way, or public thoroughfare for the display of merchandise for sale, or the location of portable or movable signs or stands to advertise or draw attention to the business or any person, or the parking of vehicles or other type of contrivance which are in and of themselves unique and unusual and are parked for the purpose of attracting attention to the person's place of business„ or the parking of vehicles or other types of contrivances to which there is attached a sign advertising the business of or product sold by the busi- ness or any person, firm or corporation or designed to attract attention thereto, provided, however, that the foregoing prohibition against the use of the streets for the parking of vehicles is not intended to prohibit the bonafide parking of any vehicle used primarily by the owner thereof for the purpose of transportation, not withstanding that such vehicle may have painted upon the exterior surface the owner's name or address or business slogan or trademark or other emblem which identifies the vehicle's owner or business in a manner consistent with that customarily found on commercial vehicles or vehicles used for commercial purposes. [Sign Ord., § 3, 30 Mar 65; Ord. No. 18-72, § 1, 2, and 3, 3 Oct 72; Ord. No. 49-73, § 1, 18 Dec 73; Ord. No. 21-75, § 1, 7 Oct 75; Ord. No. 23-77, § 2, 3 Jan 78; Ord. No.. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] § 653.09 signs on Sec. 653.08 Conformance. All signs or other adver- tising structures erected within the limits of the City shall conform to the provisions of this Chapter. Every sign or other advertising structure lawfully permitted at the time of adoption of this Chapter, which violates or does not conform to the provisions hereof, shall be removed or altered or replaced so as to conform with this Chapter by December 31, 1993. [Ord. No. 9-82, 1, 1 Jun 82] Sec. 653.09 Permits and Inspections. A. Permits Required. § 653.09 SIGN CODE § 653.09 1. General. Except as otherwise provided in the provisions of this Chapter, it shall be unlawful for any person to paint, erect, construct, enlarge, move or make structural alterations to any sign with- in the City or cause the same to be done without first obtaining a sign permit for each such sign from. the Building Official as required by this Chapter. These directives shall not be construed to require any permit for a change of copy on a sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this Chapter on the date of 'its adoption. A new permit shall he required for any sign when the struc- tural configuration or electrical components are altered or when the sign is relocated. 2. Application for Erection Permit. Applica- tion for erection permit shall be made upon forms provided by the Building Inspector and shall contain or have attached thereto the following information. a. Name, address and telephone number of the applicant. b. Whether applicant is "owner" or "lessee" and, if latter, show authority of owner. c. Location of building, structure, or lot to which or upon which the sign or other adver- tising structure is to be attached or erected. d. Plot plan showing position of the sign or other advertising structure in relation to nearby buildings or structures. e. Two (2) blueprints or ink drawings of the plans. and specifications and method of cons- truction and attachment to the building or in the ground. f. Name of person, firm, corporation or association erecting structure. § 653.09 SIGN CODE § 653.09 g. Any electrical permit required and issued for each said sign. h. Such other information as the Building Inspector shall require to show full compliance with this and all other laws and regulations of the City. 3. Issuance of Permit. When an application for a permit for the erection, alteration or relocation of a sign has been properly made and the sign complies with the provisions of this Chapter and all other applicable ordinances and regulations of the City, the Building Official shall issue the requested permit. A separate electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void. 4. Revocation of Permit. The Building Official is hereby authorized and empowered to revoke any permit issued by him for failure of the permittee to comply with any of the provisions of this Chapter. Such revocation shall be in writing and shall show cause for the revocation notice. Within seven (7) days after the mailing of notice to him, the permit - tee may make written request to the City Manager for a hearing before him to show cause why the permit should not be revoked. Within ten (10) days from the hearing date, the City Manager shall give him a decision in writing. 5. Permit Fees. Permit fees for the erection, alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be as follows: a. For issuing a permit, the fee shall be ten dollars ($10.00). b. In addition, the inspection fee shall be calculated at fifty (50) cents per square foot of sign area. This calculation shall be based on the largest sign area, in the case of sign of more than'one face. § 653.09 SIGN CODE § 653.09 c. If a reinspection is required, an'addi- tional five dollars ($5.00) will be charged. d. If any person commences any work before obtaining the necessary permit, all fees shall be doubled. e. For Political Signs, see Section 653.21(A). 6. Inspection by Building Official. The Building Official is hereby empowered to enter or inspect any building, structure or premises in the City upon which, or in connection with which a sign, as defined by this Chapter, is located, for the purpose of inspection of the sign, its structural details and electrical connections, and to ensure compliance with the provisions of this Chapter. Such inspections shall be carried out during business hours, unless an emergency exists. 7. Construction Inspections. The person con- structing, erecting or relocating a sign for which a permit is required shall notify the Building Depart- ment at all stages of construction that require inspection and approval by the Building Official. Authority for and time of such inspections shall be as follows: a. A footing inspection for all detached signs shall be required. b. A final structural inspection shall be required at completion of the work on all types of signs. c. A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source. 8. Annual Inspection. Each sign that required a permit for erection may be inspected annually by the Building Official to ascertain whether the sign is being maintained in a safe condition, and whether it is in need of maintenance or removal. When the inspection reveals repair or maintenance is needed, the owner shall be notified in writing. The owner /; § 653.09 SIGN CODE § 653.16 shall have ten (10) days to make said repairs or remove the sign. If this order is not complied with, the Building Official may remove the sign and a lien may be filed against the property for said expense incurred in removal of the sign. [Sign Ord., § 5, 30 Mar 65; Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.10 Identification of Signs. Every outdoor advertising display sign hereinafter erected, construc- ted or maintained, for which a permit is required, shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for said sign by the Building Official. [Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.15 Wind Pressure and Dead Load Require- ments. All signs and other advertising structures shall bee esigned and constructed to withstand a wind veloc- ity as set forth in the Standard Building Code, as amended, and shall be constructed to receive dead loads as required by the said Standard Building Code, as amended, or other Codes of the City of Cape Canaveral, Florida. [Sign Ord. § 6, 30 Mar 65; Ord. No. 9-82, 6 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.16 General Regulations. No sign or any character shall be suspended across any public street, avenue or alley; nor shall any sign or any description be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants, bridges, or any structures, other than awnings, within the property lines of any street,. avenue or alley within the limits of the City of Cape Canaveral, except with the permission of the City Council; nor shall any sign of any kind be attached to any private wall, window, door, gate, fence or to any other private structure, except with the written permis- sion of .the City Council; nor shall any sign of any kind be 'attached to any private wall, window, door, gate, fence or to any other private structure except with the written permission of the owner or lessee and as restricted otherwise in this Chapter. [Ord. No. 9- 82, § 1, 1 Jun 82] § 653.17 SIGN CODE $ 653.17 Sec. 653.17 Abandoned Signs and Hazardous Signs. A. Abandoned, Signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten (10) days of the service of written notice from the Building Official to so do, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six (6) consecutive months prior to the date of said notice from the Building Offi- cial. If the order to remove is not complied with, the Building Official may remove the sign and a lien may be filed against the property for said expense incurred in removal of the sign. B. Hazardous Signs. The Building Official shall refuse to issue a permit for any sign which will consti- tute a hazard and a potential menace to the safety of the public and may require the removal of any sign which is not properly maintained or which otherwise shows signs of neglect or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard after forty-eight (48) hours from the time of notice by the Building Official requesting the removal of such sign, unless within that time, the Permittee or owner shall have filed with the Building Official notice of his intention to appeal his decision to the Code Enforcement Board. Any such sign displayed more than forty-eight (48) hours after notice to remove said sign may be removed by the City at the expense of the permittee or owner unless the matter be pending an appeal to the Code Enforcement Board or unless the decision of the Building Official. has been reversed by the Code Enforcement Board. C. Signs Not to Constitute Traffic Hazard. No sign or other advertising structure as regulated by this Chapter shall be erected at theintersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the posi- tion, shape or color, it may interfere with, obstruct the view of, oribe confused with any authorized traffic sign, signal or !device; or which makes use of any word or words commonly used on traffic control signs or signals. Visibility at intersections shall be in -§ 653-.17 SIGN CODE § 653.20 accordance with Section 639.25 of the City Code.. [Sign Ord. § 6, 30 Mar 1965; Ord. No. 9-82, § 1, 1 Jun 1982;_ Ord. No. 17-84, .§ 1, 6 Nov 1984] Sec. .653.18 Sign..Lighting. Gooseneck reflectors, spotlights, floodlights and other lights shall be per- mitted on ground. signs., roof. signs and wall. signs,. .provided, however, the reflectors shall 'be provided with proper. glass lenses concentrating the illumination upon the. area of .the sign so as to prevent -glare upon :the:street .or adjacent property: [Sign .Ord. § 9, -30 Mar 1965; Ord. No. 9-82,-5 1,. 1 Jun. 1982; Ord. No. 17- 84, •§ 1, 6 Nov 1984] Sec. 653.19 Temporary On -Premise Signs. Temporary signs as used in this. Chapter are defined as signs constructed of cloth, canvas, light- fabric, cardboard,. wallboard,.. plywood or other light materials, with or without frames,intended to be :displayed for a short period of time only. A. These signs may be erectedsixty (60) days prior to opening a newbusiness or start of construction.. For good cause. shown, the Building Official 'may grant two (2') additional extensions of sixty (60)- days. each. These signs shall be removed no later than thirty (30). days after opening, or construction has stopped. Signs for other specific events shall be removed within seven (7) days after theconclusion of same. [Ord. No. 23- 77, § 5,. 3 Jan 78; Ord. No. 9-82, ,§ 1, 1 Jun 82; Ord. No. 17-84,. §. 1, 6 Nov 1984; Ord. No. 16-86, § 1, 5 Aug 86]. Sec. 653.20 Off -Premise Signs and Signs on Vacant - Land Generally Prohibited. A. 'No off -premise signs or signs on- vacant land shall be erected,. posted, painted, tacked, nailed or otherwise placed or located anywhere in the City of Cape Canaveral.Any off -premise sign is defined as a sign not related to the subject matter of the use of the premises on which the sign is located. This prohi- bition shall not apply to real estate or political signs. A real estatesign shall be any sign used solely for the sale or lease of property on which the sign is located. A political sign shall be any sign used solely to present information suggesting a candidate's suitability for elected public office, or /gD § 653.20 SIGN CODE § 653.21 presenting an issue to be voted upon in the upcoming election. (Ord. No. 18-72, § 3, 3 Oct 72; Ord. No. 9- 82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.21 .Political Signs. No political signs shall be erected prior to the candidate qualifying for office. A.. 'Specifications. The maximum size Cf a political sign shall not exceed- thirty-two (32)-squar-e feet •in face area., A double-faced (back to back)- sign, or a V- shaped: sign attached at oneend, shall be considered one•sign. -Political signs shall be constructed out of exterior wood (no :less than 1/4" in thickness); or, hard plastic,.masonite, or particle board (no less than 1/4" in thickness). .No cardboard or paper.shall be used in the construction of any political sign except as a paper face if it rests entirely on the aforementioned materials, 'and is securely attached to the backing by. adhesive over the entire'surface. Vehicle .signs shall be allowed•provided they do not: increase the dimensions of_ vehicles in excess of one -eight (1/8) inch in any_ direction. All 'political signs shall be securely. fastened',. anchored, placed. and maintained so as not to constitute a hazard. B. Location. Political signs shall not be placed on any City owned property or within any road or street right-of-way. No signs shall be posted on trees, utility poles or fence posts. C. Permits. Each candidate shall obtain a sign permit ($10.00) from the Building Department.. This permit covers all signs placed by the candidate. Written consent of the property owner is required to be submitted to .the Building. Department prior to erecting the.signs.:.Written permission of the property.owner is not required for placement of signs in residentially zoned districts. D. Deposit. A.forty dollar ($40.00) deposit shall be paid to the City before any political signs are .erected. Said, deposit shall be refunded provided the -'signs are removed within five days of the election in • which the candidate's name appears. In the event the signs are not removed, this amount shall 'be used ito defray the cost bf removal of the signs by the City. PAGE REVISED .3 JAN 91 /a, § 653.21 SIGN CODE § 653.23 E. District Regulations. Residential Districts (R-1,.R-2 and R-3 Zones) - Two (2) political signs, not more than five (5) squarefeet in area each, shall be allowed per lot. Commercial• (C-1).and Industrial (M-1) Zones Political signs not exceeding thirty-two (32.) square feet: are allowed. Only one political sign per candidate shall be allowed on any one lot or parcel of land, except for lots or parcels :with two hundred fifty (250) feet or more frontage, where two signs shall be allowed. [Ord. No.-18-72„ § 3, 3 Oct 72; Ord., No. 9-82, § 1,. 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84; Ord. No. 7-89., § 1, 1 Aug 89; Ord.. No. 33-90, § 1, 3 Jan 91]. Sec. 653.22 Off -Premise Signs. A. Off-premise.signs and signs.. on vacant property which exist on the effective date of this Ordinance. shall. remain until they are removed or fall into dis- repair, but: in no case longer than December 31, 1993. A sign .is in disrepair when so determined by the City Building Official at his discretion. When a sign is so determined to be in a state of disrepair, the City shall so notify. the sign owner and the property. owner of the existing condition; and if the sign owner or property owner fails or refuses to comply, the City may remove said sign with all costs to be borne by the sign owner or property owner. Theprocedure to be followed by the City upon.. determination that a sign is in the state of disrepair shall be the same as the: procedure established in Chapter XXII of the City Charter rela- ting to "Abatement of Nuisances". [Ord. No. 18-72, § 3, 3 Oct 72; Ord. No. 9-82, § 1, 1 Jun 82; Ord. No..17- 84,. § 1, 6 Nov 8.4] Sec. 653.23 Billboards. A. Nonew billboards shall be erected in the City of Cape Canaveral, Florida. Any new billboardserected in violation of this paragraph shall be removed within 48 hours of notice to the sign owner and property. owner. If the sign. owner or property owner fails to remove said sign, the City shall do so at the sign owner's or propertyowner's expense. [Ord. No. 22-71, § 3,.4 Jan 72; Ord. No. 9-82, § 1, 1 .Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] PAGE.REVISED' 3 JAN 91. 653.24 SIGN CODE § 653.24 Sec. 653.24 Temporary Off -Premise Signs. Temporary off -premise signs are those signs on property other than where the business or activity is located. There shall be a limit of one. (1) sign per business or activity erecting a temporary off -premise sign. 1. Signs may be erected only by the following: a. A housing .project or subdivision within the City of'Cape Canaveral consisting of ten (10) or more residential units. • b. Any new business opening within the City of Cape Canaveral. 2. Any such sign is limited in size 'to fifty (50) square feet per face and may be double-faced. It .shall be constructed of sturdy materials as approved by the Building Official. There shall be no illumination .of any sort provided specifically for the sign. 3. The signs may be erected thirty (30) days prior to opening a new business and shall be removed no later than sixty (60) days after opening, or housing construction has stopped. 4. Signs, may be placed in the. R-2, R 3, C-1 and M-1 Zones with limits as indicated. a. Astronaut Boulevard, • minimum 50 feet from the right-of-way,maximum height of 15 feet. b. Old State Road 401, minimum 10 feet from the right-of-way, maximum height of 8 feet. •c. Ridgewood Avenue, minimum 10 feet from the right-of-way, maximum height of 8 feet. If these zones are changed by a subsequent zoning change, •then the boundaries as defined by the zoning Ordinance in effect at the time of this Code Chapter shall transfer to the new zones in,the exact locations as they- presently are regardless of the changed zone classifi- cation. • (3 § 653.24 SIGN CODE § 653.25 5. The written consent of the property owner must accompany each application for sign permit. The agent for the owner will verify in writing the authority to execute a consent form. [Ord. No. 23- 77, § 2, 3 Jan 78; Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.25 Marquees. A. Marquee as regulated by this Chapter shall include any hood or awning of permanent construction projected from the wall of a building above the entrance and/or extending over a thoroughfare. B. In addition to the General Regulations, the following shall apply to marquees: 1. All marquees, including the anchors, bolts, support rods and braces thereof, shall be designed by a registered engineer and shall be properly guttered and connected by down spout to a sewer so that the water therefrom will not drip or flow on the public property, and the roof thereof shall be used for no other purpose than to form and consti- tute a roof. 2. No marquees shall be permitted to extend more than twenty (20) feet from the exterior of the building closest to the road, but in no event, shall come closer than ten (10) feet from the property line. 3. Marquees shall be supported solely to the building to which they are attached, and no columns or posts shall be permitted as support thereof. The roof of any marquee shall be designed and construc- ted to support a live load of not less than one hundred (100) pounds per square foot, except that this provision shall not apply to awnings. No marquee shall be erected on any building of wooden frame construction unless attached to the masonry, concrete or steel supports of the building. 4. Signs attached to or hung from a marquee shall be completely within the border line of the marquee outer edge. [Sign Ord., § 12, 30 Mar 65; Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] %� § 653.26 SIGN CODE § 653.27 Sec. 653.26 Awnings and Canopies. A. Awning shall include any structure made of fire resistant cloth, metal or plastic with a metal frame attached to a building and projecting over a sidewalk or thoroughfare when the same is so erected as to permit its being raised or lowered to a position flat against the building when not in use. A canopy shall include any structure other than an awning, made of fire resistant cloth, plastic or metal with metal frames attached to a building, projecting over a thor- oughfare or sidewalk and carried by a frame supported by the ground or sidewalk. B. The General Regulations shall be modified for awnings and canopies as follows: 1. Canopies and awnings may be constructed of fire. resistant cloth, metal or plastic, but all frames and supports shall be metal. 2. No canopy shall exceed ten (10) feet in width, but there is no limitation on the width of awning. All such awnings or portions of such awnings and canopies shall be not less than seven (7) feet above the level of the sidewalk, and shall not extend beyond a point two (2) feet inside the curb line. 3. Every awning shall be securely attached to and supported by the building, and posts or columns beyond the building line shall not be permitted. When such building is less than ten (10) feet from public property, no awning shall be attached to the wood jambs, frames or other wood members of the building. [Sign Ord., § 13, 30 Mar 65; Ord. No. 9- 82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.27 Criteria and Standards for the Measure- ment and Placement of Signs. A. Area. The permitted area of signs, unless otherwise specified herein, is- dependent on street frontage and shall be computed on the basis of one square foot of sign area for each lineal foot of front- age up to the maximums specified in Section 653.28, Special District Regulations. However, this computation shall not serve to limit a sign area to § 653.27 SIGN CODE § 653.27 less then thirty7two (32) square feet. For the purpose of determining area, the total area is that within the smallest parellelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside perimeter of the overall sign, including the border, if any, but excluding supports. Three- dimensional signs shall be measured at the largest vertical cross section. B. Combinations of Signs. Except where specifi- cally permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground or projecting signs may be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the area of the faces visible from any one point shall not exceed that allowed for a single sign. C. Corner Lots. Where two (2) ground or projecting signs are used on a corner lot, the area of both signs may not exceed the area allowed for frontage as previ- ously defined. D. Display of Permit Number. The sign permit for all signs requiring a permit shall be prominently displayed by the owner/user of the sign(s) on the property where the sign is located. E. Height, Setback and Location Measurements. Measurements for height, setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of ground reference to which the measurement is to be made, but in no event, except for the thickness of wall signs, shall a sign of any kind project over public property or public rights -of -way, whether affixed to a building or otherwise. The height of signs shall be measured from grade level at the edge of the street paving and shall include all decorative portions of the sign. All setback measurements shall be made from the property lines as a point of reference to the projecting edge/corner of the. sign unless otherwise specified. F. Ground Signs. Ground signs lower than nine (9) feet above grade, measured to bottom of sign, shall be set back a minimum of six (6) feet from the property line. Ground signs above nine (9) feet from grade level to the bottom of the sign shall be set back a § 653.27 SIGN CODE § 653.28 minimum of two (2) feet from the property line. Within a fifty (50) foot arc of any intersection, measured to the point of paving intersection, the sign shall be a minimum of ten (10) feet in height from the bottom of the sign to the grade level with only a single support- ing member of eight (8) inches or less between the sign and the ground. . G. Sign Size Limit. No sign shall be supported so that the uppermost edge is more than thirty (30) feet above the ground. This limitation shall not apply to any sign on the face of the building. Any sign which is not attached to a building shall not exceed one - hundred fifty (150) square feet on its largest front. [Ord. No. 17-84, § 1, 6 Nov 84] Sec. 653.28 Special District Regulation. A. R-1, Low Density Residential District. The following signs are permitted in R-1. 1. Real estate signs, not exceeding six (6) square feet in area, located on the property offered. There shall be no more than two (2) of these signs per property. 2. Political signs in accordance with Section 653.21. 3. Construction signs and future improvement signs in accordance with Section 653.19. 4. Home occupation sign which is non - illuminated and not exceeding two (2) square feet in area, may be displayed affixed flat against the exterior surface at a position not more than two (2) feet distant from the main entrance of the dwelling unit concerned. There shall be no more than one (1) of these signs per unit. The following signs are prohibited in R-1: 1. Any sign not specifically permitted is prohibited. B. R-2, Medium Density Residential District The following signs are permitted in R-2: § 653.28 SIGN CODE § 653.28 1. Real estate signs not exceeding thirty-two (32) square feet in area, or six (6) square feet if on single family or duplex lots. There shall be no more than two (2) of these per property. 2. Political signs in accordance with Section 653.21. 3. Construction signs and future improvement signs in accordance with Section 653.19. 4. Home occupation sign which is non - illuminated and not exceeding two (2) square feet in area, may be displayed affixed flat against the exterior surface at a position not more than two (2) feet distant from the main entrance of the dwelling unit concerned. There shall be no more than one (1) of these signs per unit. 5. The following signs are permitted and the area of each is determined in accordance with Sec. 653.27(A): a. One ground sign. Maximum area of sign is seventy-five (75) square feet. Maximum height is twenty-five (25) feet. Maximum width is twenty-five (25) feet. b. One wall sign per each building. Maxi- mum area of sign is one hundred twenty-eight (128) square feet. The following signs are prohibited in R-2: 1. Any sign not specifically permitted is prohibited. C. R-3, Medium Density Residential District The following signs are permitted in R-3: 1. Real estate sign, not exceeding thirty-two (32) square feet and limited to one per lot or parcel. For lots or parcels in excess of two hundred fifty foot frontage, two (2) signs, a maxi- mum of thirty-two (32) square feet each may be used. 2. Political signs in accordance with Section 653.21. § 653.28 SIGN CODE § 653.28 3. Constr,uction signs and future improvement signs in accordance with Section 653.19. 4. Home occupation sign which is non - illuminated and not exceeding two (2) square feet in area, may be displayed affixed flat against the exterior surface at a position not more than two (2) feet distant from the main entrance of the dwelling unit concerned. There shall be no more than one (1) of these signs per unit. 5. The following signs are permitted and the area of each is determined in accordance with Section 653.27(A): a. One ground sign. Maximum area of sign is one hundred (100) square feet. Maximum height is thirty (30) feet. Maximum width is twenty-five (25) feet. b. One wall sign per each building. Maxi- mum area of sign is one hundred twenty-eight (128) square feet. The following signs are prohibited in R-3: 1. Any sign not specifically permitted is prohi- bited. D. C-1, Low Density Commercial District and M-1, Light Industrial and Research and Development. The following signs are permitted in C-1 and M-1: 1. Real estate signs, not exceeding thirty-two (32) square feet and limited to one per lot or parcel. For lots or parcels in excess of two hun dred fifty (250) foot frontage, two (2) signs, a maximum of thirty-two (32) square feet each may be used. 2. Political signs in accordance with Section 653.21. 3. Construction signs and future improvement signs in accordance with Section 653.19. 4. Home 1 occupation sign which is non - illuminated and not exceeding (2) square feet in § 653.28 SIGN CODE § 653.28 area, may be displayed affixed flat exterior surface at a position not more feet distant from the main entrance of unit concerned. There shall be no more of these signs per unit. 5. Three (3) of the following signs, the area of each is determined in accordance with Section 653.27(A): against the than two (2) the dwelling than one (1) a. One ground or projection sign per building or on each street frontage. 1. Maximum area of ground sign or combination is one hundred fifty (150) square feet. 2. Maximum height of ground sign is thirty (30) feet. 3. Maximum width of ground sign is twenty-five (25) feet. b. One wall sign on each end of the building perpendicular to the road or street. 1. Maximum area of each sign is one hundred twenty-eight (128) square feet. c. One wall sign parallel to the road or street. 1. Maximum area of sign is one hundred sixty (160) square feet. d. One marquee sign parallel to the road or street. 1. Maximum area of sign is ninety-six (.96) square feet. e. One roof sign: 1. Maximum area of sign is ninety-six (96) square feet. The following signs are prohibited in C-1 & M-1: § 653.28 SIGN CODE § 653.28 1. Any sign not specifically permitted is prohibited. E. Shopping Center in any Zone. The following signs are permitted: 1. Real estate sign not exceeding thirty-two (32) square feet and limited to one (1) per lot or parcel. For lots or parcels in excess of two hundred fifty (250) square feet each, two (2) signs, a maximum of thirty-two (32) square feet each, may be used. 2. Political signs in accordance with Section 653.21. 3. Construction signs and future improvement signs in accordance with Section 653.19. 4. One (1) wall or marquee sign per business. Maximum area of sign equal to fifteen (15) per cent of the front wall space height multiplied by the business frontage including all door and window areas; however, the maximum area shall not exceed one hundred twenty-eight (128) square feet perpen- dicular to road and one hundred sixty (160) square feet parallel to the road. 5. One (1) projecting sign per business, below a marquee or canopy. Minimum height of sign is eight (8) feet above sidewalk. Sign may not project beyond canopy, marquee or sidewalk. 6. The following signs are permitted, and the area of each is determined in accordance with Section 653.27(A). a. One (1) ground sign per building or on each street frontage. Maximum area of sign is one hundred fifty (150) square feet, excluding exempt directory signs. Maximum height of ground sign is thirty (30) feet. Maximum width of ground signis twenty-five (25),feet. b. One (1) wall sign on each end of the building. Maximum area of each, sign is one hundred twenty-eight (128) square feet. /3/ § 653.28 SIGN CODE § 653.30 The following ;signs are prohibited: Any sign not specifically permitted is prohi- bited. [Ord. No. 17-84, § 1, 6 Nov 84; Ord. No. 7-89, § 1 & 2, 1 Aug 89] Sec. 653.29 Penalty for Violations. Any person who knowingly violates or fails to comply with any of the provisions of this Chapter, or the erector, owner or user of an unlawful sign, or the owner of the property on which an unlawful sign is located, shall be guilty of a misdemeanor of the second degree and upon convic- tion thereof, shall be punished as provided in Florida Statutes, Sections 775.082 and 775.083. Every day any violation of any provisions, subsection or section of this Chapter shall continue or be omitted, if required and neglected, shall constitute a separate offense, and subject such violator to a separate fine or imprison- ment, or both, for such separate offense. Every day any violation of any provision, subsection or section of this Chapter shall continue or be omit- ted, if required and neglected, shall constitute a separate offense, and subject such violator to a sepa- rate fine or imprisonment, or both, for such separate offense. In addition to the provisions for criminal penalties provided herein, any violation of the provisions of this Chapter shall be subject to enforcement by the City of Cape Canaveral Code Enforcement Board estab- lished by Code Chapter 265,.according to the procedures legally established for such Board and subject to the penalties provided by Florida Statute, Chapter 162. [Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 21-82, § 1, 21 Dec 82; Ord. No. 17-84,.§ 1, 6 Nov 84] Sec. 653.30 Separability. If any section, subsec- tion, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdic- tion, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. [Sign Ord. § 15, 30 May 65; Ord. No. 9-82, § 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] 653.31 SIGN CODE Sec. 653.31 Securities, Bond or Insurance. A. Bond. The owner or person in control of a sign, awning, marquee or banner of any kind whatsoever, suspended over or extending into any public right-of- way more than one (1) foot beyond the property line, shall execute a bond in the sum of five thousand ($5,000) dollars with sureties approved by the City Attorney, indemnifying the City against all loss, cost, damage or expenses incurred or sustained by, or judgments recovered against the City, or by any of its officers, employees, appointees or servants, by reason of the construction or maintenance. § 653.31 B. Insurance. In lieu of the bond required in subsection (A) above, the owner or person in control of a sign, awning, marquee or banner of any kind suspended or extended into the public right-of-way beyond one (1) foot of the property line, may substitute, therefore, a Public Liability and Property Damage Insurance Policy by an insurance company authorized to do business in the State of Florida, in the same amount and with the same conditions as required by Subsection (A) above. [Sign Ord. § 16, 30 Mar 65; Ord. No. 9-82, . 1, 1 Jun 82; Ord. No. 17-84, § 1, 6 Nov 84] i✓ /_. § 655.01 BIRDS PROTECTED CHAPTER 655 BIRDS PROTECTED S 655.03 Sec. 655.01 Designation of Bird Sanctuary. The entire area embraced within the corporate limits of the City of Cape Canaveral be and the same is hereby desig- nated as a Bird Sanctuary. [Ord. No. 13-71, 3 Aug 71] Sec. 655.02 Unlawful to Molest Birds or Wild Fowl. It shall be unlawful to trap, shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests. [Ord. No. 13-71, 3 Aug 71] Sec. 655.03 Penalty. Anyone violating the provi- sions of this Chapter shall be punishable by, a fine of not more than One Hundred Dollars ($100.00) or imprisonment for a period not exceeding thirty (30) days. [Ord. No. 13-71, 3 Aug 71] § 657.01 TREE PROTECTION AND LAND CLEARING § 657.01 CHAPTER 657 TREE PROTECTION AND LAND CLEARING Sec. 657.01 Definitions. For the purpose of this Chapter, the following terms shall have the meanings set forth hereunder. When consistent with the intent, the words used in the present tense include the future, words in the plural number include the singular, words used in singular number include the plural, and the word "shall" is always mandatory and not merely direc- tory. Active Development Order: An action by the City of Cape Canaveral approving a site development plan, final development plan, or subdivision plat, or the issuance of a building permit, or the approval of a conditional use permit for a borrow pit, commercial borrow pit, or man-made lake. After The Fact Permit: A permit• issued after a violation has occurred for the primary purpose of cor- recting said violation, or for bringing the violator into compliance with existing regulations. Agricultural Purpose: The bona fide commercial or domestic, agricultural use of a site, parcel, or lot which has been classified as "Green Belt", pursuant to Chapter 194, Florida Statutes, or the use of a site, parcel, or lot for forestry, groves, pasture, nurser- ies, field crops, commercial sod production, or combinations of such activities or any other agricul- tural pursuits within the applicable land use classifications, or property located within the Productive Agriculture Land Use Classification (PA). Barricade: Protection for vegetation to be pre- served which is erected at the dripline and clearly visible to heavy equipment operators. Diameter At Breast Height (dbh): The diameter of ,/ the trunk of a tree, or the sum of the stems of a multi - stemmed tree, measured four and one-half (4-1/2) feet. above natural, or development grade. Dripline: An imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects the ground. § 657.01 TREE PROTECTION. AND LAND CLEARING § 657.01 Land Clearing,: The removal of vegetation from any site, parcel, or lot; provided however, that it does not include mowing, trimming, or pruning, so as to main- tain vegetation in a healthy, viable condition. Mangrove: Any specimen of the species Avicennia germinans (Black Mangrove), Lanquncularia racemosa (White Mangrove) or Rhizophora mangle (Red Mangrove). Native Vegetation: Native vegetation shall mean plant material indigenous to Cape Canaveral, including all those species listed in, but not limited to, Appen- dix A, attached hereto and made a part hereof by this reference. Natural Cover: Trees, brush, roots and other by-products of land -clearing activity. Recognized Knowledgeable Person: An individual recognized by the City as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horti- culturalist, landscape architect, licensed landscape contractor, certified nurseryman or person having simi- lar recognizable skills and experience. Tree: A woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of one and one-half (1-1/2) inches, or a sum of dbh of one and one-half inches for multi -stemmed trees, and an average mature height of at least ten (10) feet. Tree Removal: Tree removal includes any act which physically removes the tree and/or its root system from the earth or causes a tree to die, or changes the natural grade above or below the root system or around the trunk without special protective measures: Understory: An underlying layer of low native vege- tation usually associated with trees, as defined herein. Undesirable Species: Any of the species identified in Appendix B, attached hereto and made a part hereof by this reference. Vegetative Communities: A natural association of vegetative plants, including but not limited to both trees and undersory. § 657.01 TREE PROTECTION AND LAND CLEARING § 657.03 Vegetation: Any plant material including but not limited to trees, shrubs, vines, herbs and grasses. Viable: Having the capacity to live and develop. [Ord. No. 26-73, § 1, 17 Jul 73; Ord. No. 51-73, § 1, 18 Dec 73; Ord. No. 22-90, § 1, 15 May 90] Sec. 657.03 Land Clearing Regulations. A. Application Requirements: Unless specifically exempted herein, it shall be unlawful for any person, individual, partnership, corporation, association or other legal entity to engage in land clearing of any site, parcel, or lot within the incorporated area of the City of Cape Canaveral, without prior written noti- fication to the Building Official, pursuant to the following conditions and supplying the City the following information, at a minimum, on a form to be provided by the City. 1. Legal description of the property, including street address. 2. Name, address and phone number of property owner. 3. Name, address and phone number of applicant, if other than property owner. 4. Date upon which land clearing is to commence. 5. Plot Plan: A dimensioned sketch plan showing the location of all existing and proposed struc- tures, driveways, on -site sewage disposal facilities, waterbodies, existing trees and vegeta- tive communities identified by species and size, or other information as required by the City. B. Where a permit is required, no land clearing shall take place and no survey or land clearing permit shall be issued prior to the issuance of an applicable development order for the subject property. C. Survey Permit: Required for Clearing for Surveys and Soil or Engineering Testing. 1. Prior to any land clearing for surveying greater than five (5) feet in width or soil or engin- eering testing greater than eight (8) feet in width § 657.03 TREE PROTECTION AND LAND CLEARING § 657.03 with a reasonable turnaround, the owner of the property proposed to be cleared, or his authorized agent, shall submit an application for said proposed land clearing activity to the Building Official, on such form as provided by the City. Said Survey Permit shall expire after thirty (30) days from the date of issuance. The Building Official may grant an administrative waiver for an additional thirty (30) days for hardship, including adverse weather, size of property, and inablility to obtain permits from other agencies. 2. When a written Survey Permit has been issued, the applicant shall post the Survey -Permit on the affected property in such a manner as to be visible from an abutting road right-of-way. Said Survey Permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the Survey Permit form in a clearly visible manner at all times. 3. Prior to any land clearing, all trees to be protected shall be marked at the dripline by the erection of barriers clearly visible to heavy equip- ment operators. D. Land Clearing .Permit: Required For Clearing Where An Active Development Order is Being Sought. 1. The issuance of a Land Clearing Permit shall be required prior to land clearing after the appli- cant has obtained an approved site plan, subdivision approval or building permit (whichever is applicable): a. If one or more trees one and one-half (1- 1/2) inches dbh, or greater excluding undesirable species, are to be removed from the property. b. If fifty percent (50%) or greater, or more than one (1) acre, whichever area is less of the existing vegetation is to� be removed from the property, excluding undesirable species, as defined herein. 2. A Land Clearing Permit shall expire ninety (90) days from the date of issuance for single § 657.03 TREE PROTECTION AND LAND CLEARING § 657.03 family and one hundred eighty (180) days for subdivisions, multi -family, commercial and industrial projects. Two extensions of thirty (30) days each may be authorized by the Building Official provided appropriate justification warrants, such as unusual weather, seasonal situations, or inability to obtain permits from other agencies. 3. When a written Land Clearing Permit has been issued, the applicant shall post the Land Clearing Permit on the affected property in such a manner as to be visible from an abutting road right-of-way. Said Land Clearing Permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the Land Clearing Permit in a clearly visible manner at all times. 4. Prior to the issuance of a development order the applicant shall provide a tree and vegetative communities survey to the Building Official. a. Single -Family Residential: The property owner of a single-family lot shall provide a tree and vegetative communities survey, which may be hand -drawn, on a plot plan of the property, with approximate location of all structures, on -site disposal systems, driveways, and waterbodies shown. The plot plan shall depict the location, species and dbh of all trees to be counted toward the landscape point requirement. For those sites of five (5) acres or greater in size, a recent aerial photograph, including but not limited to, Brevard County'REDI book photographs or Brevard County tax appraiser's blue line maps, may be required. b. Subdivisions, Multi -Family, Commercial and Industrial: The owner or applicant shall provide a survey of tree(s.) and vegetative communities as identified by aerial maps and/or soil survey maps, and a soil map, at a minimum. For those sites of five (5) acres or greater in size, a recent aerial photograph shall be provided. [Ord. No. 26-73, § 2, 17 Jul 73; Ord. No. 51-73, § 2, 18 Dec 73; Ord. No. 22-90, § 1, 15 May 90] / 2 7 . § 657.05 TREE PROTECTION AND LAND CLEARING § 657.05 Sec. 657.05 Buffers. Protection of Trees and Vegetative A. Development Size Thresholds. 1. All single-family, multi -family, subdivision or non-residential development, regardless of the size of the lot or parcel of land being developed, shall be subject to the provisions of this Chapter. 2. All trees preserved on site shall receive landscape credit as provided for by the Landscaping Ordinance. B. Preservation Thresholds. 1. Protected Trees: Any tree, with the excep- tion of the undesirable species listed in Appendix B of this Chapter, having a diameter (dbh) of one and one-half (1-1/2) inches or greater. 2. Vegetative Buffer Areas: Where a vegetative buffer is required by the Landscaping Ordinance, any natural vegetation within the required buffer area (see Appendix A), with the exception of the undesir- able species listed in Appendix B of this Chapter, shall be preserved. This shall include preservation of the understory. C. Removal Criteria. 1. A protected tree, as specified in paragraph (B), above may only be approved for removal if one or more of the following criteria are met: a. Where site design modifications, as deter- mined by a pre -clearing inspection, are not feasible to allow the use permitted, as determined by the specific zoning of the subject property; b. Where the trunk of a protected tree is located closer than five (5) feet of the founda- tion of the proposed structure, and it is not feasible to relocate the structure. c. Where the trunk of a protected tree is located closer than ten (10) feet from the § 657.05 TREE PROTECTION AND LAND CLEARING § 657.05 foundation' of the proposed structure and the tree is considered having an agressive root system and/or the natural mature height is greater than thirty (30) feet and it is not feasible to relocate the structure. d. Where the location of the tree prevents the direct access to the property from a publicly dedicated and maintained roadway and/or where the tree constitutes a hazard to pedestrian or vehic- ular traffic which cannot be mitigated without removing the tree. Removal of the tree pursuant to this criterion shall be exempt from the replacement criteria in sub -section (D) below. e. Where the location of the tree prevents the construction of utility lines, drainage facil- ities, roadways or required parking areas which cannot be practically relocated or rerouted or where the trees cannot be utilized as part of these systems. f. Where the tree is weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements, or other trees. Removal of a protected tree pursuant to this criterion shall be exempt from the replace- ment criteria in sub -section (D) below. g. The tree or trees reduce the visibility of a non-residential development more than fifty percent (50%) of the lineal footage of the lot along the roadway to which the project has primary frontage. 2. There shall be no clearing, except hand clearing, within the dripline of any protected tree or other trees selected to be preserved for land- scaping credit. Where no native vegetation exists within the dripline, pervious paving, bricking, or any other material which does not restrict the health and growth of a protected or preserved tree may be utilized. 3. The natural grade may not be altered within the projected dripline of the tree except in accor- dance with the Florida Department of Forestry Tree Protection Manual, pp. 14-18, or comparable accepted protective measures. § 657.05 TREE PROTECTION AND LAND CLEARING § 657.05 D. Replacement Criteria: Where the removal of a protected tree meets any one or more of the criteria identified in sub -section (C) above, the developer may choose one of the following options: 1. The developer shall provide one or more native trees to replace the removed tree where the total dbh of the replacements is equal to one hundred percent (100%) of the total dbh of the tree or trees removed, provided that the height above soil level is at least ten (10) feet. Replacement trees shall have a minimum of a dbh of two (2) inches. 2. The developer may relocate or transplant the protected tree elsewhere on the same lot or parcel of land or public land or private land within the City of Cape Canaveral. 3. On a heavily wooded lot, the developer may pay a fee equal to fifty dollars ($50.00) per inch of dbh of the tree or trees removed in lieu of replacement. Said fee will be deposited into the City's Environmental Trust Fund for the acquisition of environmentally sensitive lands and revegetation of public lands. 4. No replacement is necessary if the removal is done pursuant to the criteria in Section 657.05 (C) (1) (c),(d) or (f). . E. Required Inspections. 1. Predevelopment Inspection: Prior to any clearing activity or preparation of a site develop- ment plan or subdivision plat, the area to be cleared, as shown on the required vegetation location survey, shall be staked and the property will be inspected to assure that the tree survey is accurate and that the measures described in the application for land clearing permit, including but not limited to tree barricades, have been taken to protect all trees and vegetation. 2. Inspection Prior to Certificate of Occupancy or Ceritifcate of Completion: Prior to issuance of a Certificate of Occupancy or Certificate of Comple- tion, a site inspection will be conducted to assure �s, § 657.05 TREE PROTECTION AND LAND CLEARING § 657.07 that no unauthorized clearing has taken place and to assure that all protected trees and vegetation identified for preservation are in place and have been maintained in a viable condition. 3. Follow -Up Inspection: A final site inspec- tion may be conducted one (1) year after the issuance of a Certificate of Occupancy for single- family, multiple -family and non-residential developments to assure that no unauthorized removal of protected trees and vegetation has occurred. 4. Reinspection: If trees and/or vegetation were not in place or not in a viable condition at the• follow-up inspection, a reinspection may be conducted within ninety (90) days to assure that the trees and/or vegetation were replaced. F. Relocation of Trees: Where trees are proposed to be relocated for preservation purposes,- a Land Clearing, Permit shall be: required. [Ord. No. 22-90,.§ 1, 15 May 90] Sec. 657.07--°_ Exemptions. No- Survey: Permit or Land `.Clearing Permit shall be required in the folloiaing situ- ations: • A. .The emergency dead,_ damaged-': tree, ' which adversely ::affects. the : health, safety - and welfare of the property owner- or the general public. B. Where the ' proposed`- land__ clearing=:, activity is regulated by. another State or ' Federal agency, : which, regulations may supercede those of. the City. C. Where the removal of vegetation has been ordered by the _'City pursuant ` to other 'Chapters of the City Code,- and said` removal conflicts with . the requirements or intent of. this Chapter, ` the' City Manager, or his designee, shall negotiate a resolution of the.conflict. - D = Land` cle-wring_ activities one single-family resi dential= . lots``of. one " (1)`" acre" or'' less" in size, one (1)' year:- after- the- issuance 'of a ` Certificate=`of Occupancy for; the -single-family, residence built- upon_ said s_in_ gle- family residential lot. .z S 657.07 TREE PROTECTION AND LAND CLEARING S 657.15 E. The harvesting of trees for a bond fide commercial use is exempted from the Land Clearing Permit requirements when done in accordance with silviculture Best Management Practices. F. A site, parcel or lot that is defined as having an agricultural or silvicultural purpose under this Chapter and the proposed land clearing is to be made in conjunction with those agricultural purposes or activities, and an active development order is not being sought. (Ord. No. 26-73, S 6, 17 Jul 73; Ord. No. 22-90, S 1, 15 May 90) Sec. 657.09 Land Clearings BurningsofLand Cover Prohibited. Open burning of natural cover which is the result of land clearing is hereby prohibited. (Ord. No. 10-80, S 1, 19 Aug 80; Ord._ No. 4-85, S 1, 19 Feb 85; Ord. No. 22-90, S 1, 15 May 90) Sec. 657.10 Burial of Trash and Natural Cover Prohibited. The burial of trash and natural cover within the City of Cape Canaveral, Florida, which is the .result ofland clearing is hereby prohibited. (Ord. No. 6-92, S.2, 5 May 90)= Sec. 657.11 Revegetation Requirements. In the event land clearing activities take place which are not consistent with the requirements of., this., Chapter; seedingand mulching of the area shall be required and shall. be completed within thirty (30) days of the date of notification of violation- by the Building Official. (Ord. No. 22-90,.S 1, 15 May 90) . Sec. 657.13: Civil Penalties. Penalties for violations of this Chapter -shall -be as: "specified in Chapter 162, Florida Statutes, and/or those listed below. No after the fact permits shall be issued by, the City to correct violations of the land clearing: requirements. of this Chapter... Fines for such. illegal land clearing..shall be $256.00 perhundred square feet cleared. This includes failure to'erect proper. barricades."". IfProtected trees are illegally removed from the site, -the fine -shall be up to $250.00per inch of diameter atbreast height per tree, in addition to the $250.00 per hundred square feet cleared penalty. (Ord. No..26-73,.- S_ 7, 17 Jul_ 73; . Ord.. No._. 18-90; S 2,17- Apr 90; Ord. No.. 2290,. S :1, - 15e May. 90) Sec. 657.15 criminal Penalties. Each violation of this Chapter shall- be a misdemeanor of the second. degree punishable by a fine-up_to$500.;00 and a term Of imprisonment_ not to exceed sixty. . (60)-.,' days._ Each- day any . violation , of --this; - Chapter continue_ s shall constitute a separate offense. (Ord. No.- 22 -90, S 1, 15 May 90) "Page Revised Ord. No. 6-92 March 30, 1993 TREE PROTECTION AND LAND CLEARING APPENDIX A LIST OF RECOMMENDED LANDSCAPING PLANTS The following list of trees and plants is intended to provide a guide to the developer and homeowner in selecting appropriate vegetation for proposed landscaping plans. Native vegetation is considered ideal for landscaping since these plants have become adapted to Brevard County's particular set of climatic conditions. If natives are utilized in parallel environments to those ecosystems and in the form and size context in which they naturally occur, a long- lived and maintenance free landscape scheme will result. The following list also contains recommended species which are not native to Brevard County but can be utilized with many of the same benefits as native plants. KEY TO CODES USED IN THE LIST Community: (N) North Brevard County (C) Central Brevard County (S) South Brevard County (B) Barrier Island Form and Size: (ST) Small Tree - average mature height of at least ten (10) feet and less than twenty (20) feet. (MT) Medium Tree - average mature height of at least twenty (20) feet and no greater than sixty (60) feet. (LT) Large Tree - average mature height over sixty (60) feet. (P) Palm Tree (S) Shrub (G) Ground Cover (V) Vine (A) Aquatic Temperature: (+) Cold Tolerant (-) Cold Intolerant - Although these species occur in Brevard County, they are at the northern limit of their range and are suggested only for southern and eastern Brevard in protected areas. /V TREE PROTECTION AND LAND CLEARING APPENDIX A NATIVE SPECIES Botanical Name Common Community Cold Name Tolerance (ST) Small Tree Acacia farnesiana Ardisia escallonioides Bumelia tenax Capparis cyanophallophora Capparis flexuosa Chrysobalanus icaco Citharexylum fructicosum Coccoluba uvitera Conocarpus erecta Cornus foemina Dodonea viscosa Drypetes laterifolia Eugenia axillaris Eugenia foetida Exothea paniculata Forestiera segregata Guapira discolor Hamelia patens Krugiodendron ferreum Laquncularia racemosa Myrclanthes fragrens Myrica cerefera Myrsine floridana Nectandra coriacea Quercus chapmanii Quercus incana Quercus minima Quercus geminata Rhus copallina (MT) Medium Tree Avicennia germinans Bursera simaruba Carpinus caroliniana Carya floridana Carya glabra Celtis laevigata Chrysophyllum oliveforme Acacia Tree Marlberry Tough Buckthorn Jamaica Caper Limber Caper Coco Plum Fiddlewood Sea Grape Buttonwood Swamp Dogwood Varnish Leaf Guiana Plum White Stopper Spanish Stopper Inkwood Florida Privet Blolly Firebrush Black Ironwood White Mangrove Simpson Stopper Wax Myrtle Myrsine Lancewood Chapman Oak Blue Jack Oak Dwarf Live Oak Sand Live Oak Southern Sumac Black Mangrove Gumbo Limbo Hornban/ Bluebeech Scrub Hickory Pignut Hickory Sugarberry Satinleaf N,C,S C,S N,C,S,B B B S,B S,B S,B S,B N,C,S B B C,S,B B B N,C,S,B S,B S,B S,B S,B N,C,S,B N,C,S,B C,S,B C,S,B N,C,S,B N,C,S N,C,S,B N,C,S,B N,C,S,B N,C,S,B S,B N,C N,C,S,B N,C,S,B N,C,S S,B TREE PROTECTION AND LAND CLEARING Coccoloba diversifolia Pigeon Plum Diospyros virginiana Persimmon Ficus aurea Strangler Fig Fraxinus caroliniana Water Ash/Pop Ash Gordonia lasianthsus Loblolly Bay Ilex cassine Dahoon Ilex vomitoria Youpon Holly Juniperus silicicola South. Red Cedar Magnolia virginiana Sweet Bay Mastichodendron foetidissimum Mastic Tree Morus rubra Red Mulberry Osmanthus americanus Wild Olive Persea borbonia Red Bay Pinus clausa Sand Pine Prunus caroliniana C. Cherry Laurel Quercus laevis Turkey Oak Rhizophora mangle Red Mangrove Ulmus americana American Elm Zanthoxylum clava- herculis (LT) Large Tree Acer rubrum Liquidambar styraciflua Magnolia grandiflora Nyssa sylvatica Pinus ellottii Pinus palustris Quercus laurifolia Quercus virginiana Taxidium distichum (P) Palm Tree Paurotis wrighti Sabal palmetto (S) Shrub Bacharis halimifolia Befaria racemosa Callicarpa americana Cephalanthus occidentalis Croton punctatus Erythrina herbaceae APPENDIX A S,B N,C,S,B C,S,B N,C,S N,C,S N,C,S,B N,C,S N,C,S N,C,S B N,C,S N,C,S N,C,S,B N,C,S N,C,S,B N,C,S C,S,B N,C,S Hercules Club N,C,S,B South. Red Maple N,C,S Sweetgum Southern' Magnolia Swamp Black Gum Slash Pine Longleaf Pine Laurel Oak Live Oak Bald Cypress Saw Palmetto Cabbage Palm Groundsel Tree Tar Flower Beauty Berry Buttonbush Beach Croton Coral Bean N,C,S N,C,S,B N,C,S N,C,S,B N,C,S N,C,S N,C,S N,C,S N,C,S N,C,S,B N,C,S,B N,C,S N,C,S N,C,S B N,C,S,B TREE PROTECTION AND LAND CLEARING APPENDIX A Iva imbricata Iva frutescens Lantana involucrata Lycium carolinianum Lyonia ferruginea Lyonia fruticosa Lyonia lucida Psychotria nervosa Psychotria sulzneri Quercus myrtifolia Quercus pumila Rhapidophyllum Hystrix Randia aculeata Sophora tomentosa Vaccinium spp. Yucca aloifolia Zanthoxylum fagara (G) Ground Cover Acrostichum danaeafolium Aristida spp. Borrichia frutescens Ceratiola ericoides Crinum americanum Ernodea littoralis Gaillardia pulchella Garberia fruticosa Helianthus debilis Hymenocallis latifolia Hypericum spp. Licania michauxii Nephrolepis cordifolia Nephrolepis biserrata Nephrolepis exaltata Nolina atopocarpa Opuntia humifusa, compressa Opuntia stricta Osmunda cinnemomea Osmunda regalis Panicum amarulum Panicum commutatum Physalis viscosa; Pilobiephis rigida Portulaca pilosa' Pteridium aquilinum Marsh Elder Marsh Elder Wild Sage Christmas Berry Staggerbush Staggerbush Fetterbush Wild Coffee Wild Coffee Myrtle Oak Running Oak Needle Palm Randia Necklace Pod Blueberry Spanish Bayonet Wild Lime Leather Fern Wiregrass Sea Oxeye Daisy Rosemary String Lily Golden Creeper Firewheel Garberia Beach Sunflower Spider Lily St. John's Wort Gopher Apple Boston Fern Boston Fern Boston Fern Florida Beargrass Prickly Pear Prickly Pear Cinnamon Fern Royal Fern Beach Grass Panic Grass Ground Cherry Pennyroyal Pink Purslane Bracken Fern S B N,C,S,B N,C,S,B N,C,S,B N,C,S,B C,S,B C,S,B N,C,S,B N,C,S,B N,C,S,B C,S S,B N,C,S,B N,C,S,B S N,C,S,B N,C,S,B N,C,S,B N,C,S,B N,C,S,B S,B N,C,S,B N,C,S N,C,S,B N,C,S,B N,C,S,B N,C,S,B N,C,S S N,C,S, N,C,S N,C,S,B N,C,S,B N,C,S N,C,S N,C,S,B N,C,S,B N,C,S,B N,C,S,B N,C,S,B N,C,S,B TREE PROTECTION AND LAND CLEARING APPENDIX A Rubus trivialis Serenoa repens Sesuvium portulacastrum. Spartina spp. Uniola paniculata Yucca filamentoua Zamia floridana, pumilia, integri- folia, angustifolia (A) Aquatic Nuphar lutea Nymphea odorata Pontederia cordata Sagittaria spp. (V) Vine Caesalpinia bonduc, crista Canavalia rosea Cissus trifoliata Ipomea pes-caprae Ipomea spp. Ipomea stolonifera Parthenocissus quinquefolia Vitis aestivalis Vitis rotundifolia Vitus shuttleworhtii Southern Dewberry Saw Palmetto Sea Purslane Spartina/ Cordgrass Sea Oats Adams Needle N,C,S + N,C,S,B + C,S,B + N,C,S,B + N,C,S,B + N,C,S,B + Coontie/ Arrowroot N,C,S,B + Spatter -Dock White Waterlily Pickerelweed Arrow Head Gray Nickerbean Beach Bean Marine Vine Railroad Vine Morning Glory Beach Morning Glory Virginia Creeper Summer Grape Muscadine Grape Calusa Grape N,C,S N,C,S N,C,S N,C,S B S,B N,C,S C,S,B N,C,S,B N,C,S,B N,C,S N,C,S,B N,C,S NOTE: Those species which are identified as occuring in the Barrier Island Community are found there naturally. Planting these species may be difficult due to salt burn and may undergo substantial shock before becoming acclimated to the Barrier Island conditions. NON-NATIVE SPECIES Botanical Name Common Community Cold Name Tolerance (ST) Small Tree Eucalyptus cinera Silver Dollar N,C,S + TREE PROTECTION AND Lagerstromia indica LAND CLEARING (MT) Medium Tree Bauhinia purpurea Callistemon lanceolatus Callistemon viminalis Cupaniopsis anacordiodes Dalbergia sissoo Eriobotrya japonica Koelreuteria formosana Olea europae Parkinsonia aculeata Ulmus pumila, parvifolia (S) Shrub Podocarpus macrophylla Podocarpus nagi (P) Palm Tree Arecastrum romanzoffianum Butia capitata Livistonia chinensis Phoenix canariensis Phoenix reclinata Trachycarpus fortunei Washington robusta APPENDIX A Crepe Myrtle N,C,S Orchid Tree Bottlebrush Bottlebrush Carrotwood Rosewood Loquat Gold Rain Tree Olive Tree Jerusalem Thorn Chinese Elm Maki Nagi Queen Palm Pindo Chinese Fan Canary Isd. Date Senegal Date Windmill Palm Washington Palm S,B N,C,S,B N,C,S,B S,B C,S N,C,S,B N,C,S S,B N,C,S,B N,C,S,B N,C,S N,C,S N,C,S N,C,S,B N,C,S N,C,S,B N,C,S N,C,S N,C,S,B TREE PROTECTION AND LAND CLEARING APPENDIX B LIST OF UNDESIRABLE SPECIES Botanical Name Common Name Shinus terebinthifolius • Melaleuca quinquenervia Casuarina spp. Eucalyptus spp. Enterolobium contortisiliquem Melia azedarach Cinnamomum camphora Sapium sebiferum Dioscorea bulbifera Rhodomyrtus tomentosa Sansevieria hyacinthoides Ricinus communis Brazilian Pepper Melaleuca, Cajeput Tree Australian Pine Eucalyptus Ear Tree Chinaberry Camphor Tree Chinese Tallow Air Potato/Air Yam Downy Rose Myrtle African Bowstring Hemp Castor Bean Plant .-, § 660.01 LAND DEVELOPMENT CODE § 660.01 CHAPTER 660 LAND DEVELOPMENT CODE Sec. 660.01 Authority; Intent. A. Chapter 163.3202, Florida Statutes, The Local Government Comprehensive Planning and Land Development Regulation Act (LGCPLDRA) of 1985, requires each local government to adopt or amend and enforce Land Develop- ment Regulations (LDR's) that are consistent and implement its adopted Comprehensive Plan. It also specifies that these regulations shall be combined and compiled into a single Land Development Code. B. The Statute requires that the Land Development Regulations contain specific and detailed provisions necessary or desirable to implement the adopted Compre- hensive Plan and that they encompass at a minimum the following subject matter: 1. Regulating the subdivision of land; 2. Regulating the use of land and water for those land use categories included in the land use element; ensuring the compatibility of adjacent land uses; and providing for open space; 3. Providing for the protection of potable water wellfields; 4. Regulating areas subject to seasonal and periodic flooding and providing for drainage and stormwater management; 5. Ensuring the protection of environmentally sensitive lands designated in the Comprehensive Plan; 6. Regulating signage; 7. Providing that public facilities and services meet or exceed the standards established in the capital improvements element and are available when needed for development, or that development orders and permits are conditioned on the avail- ability of these public facilities and services necessary to. serve proposed development; 1 70 § 660.01 LAND DEVELOPMENT CODE § 660.03 8. Ensuring safe and convenient on -site traffic flow, considering needed vehicle parking. C. The City of Cape Canaveral intends through the adoption of this Chapter 660, to combine and compile the necessary Land Development Regulations (Code) as required by the LGCPLDRA and described herein. This effort includes some changes in and additions to existing LDR's which are based upon Policies contained in the City's Comprehensive Plan as adopted in October, 1988 and as amended. Although some elements of existing applicable Land Development Regulations are located in other chapters of the City Code, all such elements are cited here and are by reference, adopted herein and made a part of the single Land Development Code. D. No regulations have been included for the protec- tion of potable water wellfields since no such wellfields exist either within the City Limits or nearby. Potable water is obtained from the City of Cocoa. E. Since Chapter 163.3202 (g) F.S. requires that public facilities and services be available when needed (concurrently with project impact) for proposed develop- ment, the City's Land Development Regulations have been revised to include a mechanism, the Concurrency Manage- ment System (CMS), which is intended and designed to ensure compliance with the stated "concurrency" requirement. (Ord. No. 2-90, § 1, 25 Jan 90] Sec. 660.03 Land Development Regulations. A. The following Chapters of the City Code contain regulations which, in whole or in part, fall within the definition of Land Development Regulations and are here- by adopted together with any subsequent amendments by reference as are more fully set forth herein. Chapter Chapter Chapter Chapter Chapter Chapter Chapter 257 - Planning & Zoning Board 261 - Local Planning Agency 265 - Code Enforcement Board 501 - Establishment of Streets 503 - Subdivision of Land 535 - Sewer Impact Assessment 537 - Impact Fees § 660:03 i 1 (LAND DEVELOPMENT CODE Chapter 547 Chapter 611 Chapter 612 Chapter 620 Chapter 6.24 Chapter 625 Chapter. 631 Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter .Chapter Chapter -Chapter 651 652 653 655 657 662 664 667 668 670 673 671 675 683 685 713 § 660.03 - Building Permit and Development Fees - Building Code - Coastal Construction Code - Standard Unsafe Building Abatement Code - Flood Damage. Prevention - Standard Excavation and Grading Code - Zoning Regulations (including Planned Unit Development and Board of Adjustment regulations) - _Beaches and Dunes - AestheticRegulations - Sign Code - Birds Protected - Tree Protection and Land Clearing - Concurrency Management System - Stormwater Management - Wetlands Protection Floodplain Protection: - Discharge of Waters and. Wastes into. City Sewer System - Garbage and Trash Removal. . - Sewer Service - 'Litter and Waste - Off -Roadway Regulations - Parking Regulations - Spill -Over Lighting Control B. In addition,. the Comprehensive Plan (Chapter 630) and the City Charter contain certain provisions which may be considered to constitute a part of the Land Development Regulations.. [Ord. No. 2-90, § 1, 25 Jan 90; Ord. No. 19-90, § 1, 1May 90; Ord No. 31-90, § 1, 18 Dec 90; Ord No. 8-91, §1, 21 May 91] PAGE.REVISED 21 MAY 91 'z • § 662.01 CONCURRENCY MANAGEMENT SYSTEM CHAPTER 662 CONCURRENCY MANAGEMENT SYSTEM Sec. 662.01 Purpose and Intent. A. As a key element of the City's Land Development Regulations (LDR's), the City shall implement a Concur- rency Management System (CMS) to measure the potential impact of any proposed development upon the levels -of - service for the six types of critical public facilities--i.e. potable water, sanitary sewer, solid waste, recreation, drainage, and roadways --by evalu- ating that impact in comparison with available capacity and the City's adopted level -of -service standards for those facilities. No final development permit shall be approved unless this concurrency evaluation process has determined that adequate public facilities will be available at the time of development impact: B. The. City also intends thatat least annually after implementation of this mechanism, there will be follow-up: monitoring and evaluation. of _, its- performance with the objective`of : improving thesystem and, enacting necessary. changes in .the Concurrency Management' Ordi- nance. i 662.01 C. _ The _:. City . - intends. that ": this Concurrency_ Management` Ordinance provide- the basic. principles and guidelines for ., implementation-of.thee.CMS However is- is- not` the intent' of the City` that. this a Chapter'' contain" all . of the. detailed:administrative . procedures required - for the da_ y-to-day operation .-of the program. :: _Instead, the- City desires -that the City officials'` responsible for the CMS possess a -' certain degree- of flexibility and latitude to develop and employ- such additional "`proce dures,_forms,-etc. as they deem necessary for carrying out an effective- and efficient concurrency_,management process; The City may develop and use -` a _ Concurrency- Manual or Guide to assist City_officials . in.: the day-to- day administration 'of the program D. It is not the intent of the City- that'' the Concurrencyr_ Management, System in any of_ its, aspects, including- concurrency evaluation and the issuance of the Concurrency Compliance: r. Certification; replace`' any other development' review criteria used by the City, unless--._ those.- : criteriaare inconsistent , with the S 662.01 CONCURRENCY MANAGEMENT SYSTEM S 662.03 provisions of this Chapter. The CMS is to primarily complement and not supplant the other review criteria. This also means that the mere issuance of a Concurrency Compliance Certification does not guarantee approval of a.development proposal if other project review criteria must also be satisfied. E. In addition to the concurrency evaluation process for the six types of critical public facilities, each proposed development project shall be subject to the concurrency evaluations for impact on wetlands required by Chapter 667, Wetlands Protection, prior to the issuance of a final development permit. (Ord. No. 3-90, S 1, 25 Jan 90; Ord. No. 4- 92, S 1, 25 Jan 9.0) Sec. 662.03 Selected Definition. For purposes of this Chapter, certain terms or words herein shall be interpreted as follows: Accepted Engineering Principles means engineering concepts and practices generally accepted by the broad base of professionals in the particular engineering discipline under consideration. Area • of Development Influence means the area of public facilities.. impact surrounding_an existing or proposed project; this area of,influence will -vary according to the type and magnitude,. of .. the project. _. Assured Construction means construction improvements scheduled for; critical • public, facilities in_. the" City's. Five -Year. Schedule of Capital:; Improvements- provided"that; the -:Schedule is realistic, financially feasible, based upon currently available revenue sources,: and contains targeted project completion dates; in addition, for final' Development..'- Orders" "' or Permits, construction must be complete and. operable ..for the following facilities:,. wastewater treatment, potable water supply,_solid waste disposal, transportation, parks... andrecreation, and drainage. Available means that a._public facility/service _ will be provided -as followsis 1.. The facility/service :is in place .to serve a proposed project at the time that the Development Order is approved;.. _ -.. 2. The_ facility/service will be in placeat-the time ofproject impact; • Page Revised Ordinance No. 4-92 March 30, 1993 S 662.03 CONCURRENCY MANAGEMENT SYSTEM IS 662.03 3. The facility is under construction at the time a Development Order is approved; 4. The facility/service is the subject of a binding executed construction contract at the time that the Development Order is approved; 5. The facility/service is guaranteed through an enforceable Development Agreement; 6. The facility constitutes assured construction. Average Daily Traffic or Existing Traffic: both terms mean the average of two consecutive 24-hour weekday traffic counts taken at one location. Building Permit means a written authorization issued by the Building Official which permits the construction or alteration of a building;, it means the same thing as a "Final Development Order". Buildout Period = . means the_:; time...::_ interval__ between the issuance of a Development Order and project completion. Captured' Trips means` motor vehicle' trips which; pass a project -but which are -not generated by= the project: =: Concurrencv Compliance Certification. means the- official City compliance -document which °is=issued- for`a-proposed project after a favorable concurrency evaluation has been completed resulting in a finding of no concurrency deficiency (non - deficiency) for the project's impact== Coricurrencv Manager means the City:_. officialwho has been officially - designated • to- be- in- charge- of'' the Concurrency Management System; presently this responsibility is assigned to the- City Manager., Critical Public Facilities means the six types of public facilities- which are subject to concurrency.management: i.e. roadways, sanitary sewer;''solid waste, drainage,'potable water, and -recreation i.e. open space and arks ' r Developer's Agreement means an_ agreement entered into pursuant to Section 163. 3220,- F. 5:,_to-. which_the_ City_is.: a party and - which requires and = assures: provision= 'Of. a public facilit service: ;:. - <. -. = :... . Development shall be defined as set forth in Section 380.04, F.S. Page Revised Ordinance No. 4-92 ' March 30, 1993 § 662.03 CONCURRENCY MANAGEMENT SYSTEM § 662.03 Development Order means any official City directive which grants the issuance of a Development Permit or amendments thereto. Development Permit means any building .permit, zoning approval, rezoning, preliminary plat approval, final plat approval,site plan approval, conditional use, or variance approving an exceedance of maximum lot cover- ages. This meaning does not include the term "certificate of occupancy". Directly Accessed means that a project is provided with adjacent ingress/egress from/to a principal road- way. FDOT Guidelines means the FDOT guideline document entitled the Florida Highway .System Plan - Level of Service Standards. and Guidelines Manual as issued in January, 1989, and as subsequently amended. Final- Development Order: means a building permit. Insignificant Project means a " non -major project for which- the project, trips within the . Area of, Development Influence-; during the:- Buildout. —_Period.: and __At Project Cornpletioni are projected = to be- equal- to or less than ; " 10$ above the- numbers assigned t.o.. the adopted: Level-of- Service,'Standard "E" as —specified:: in- the Comprehensive - . Plan.. ITE means the Institute of Transportation ;Engineers._ Land. Development Regulation means: any City --Chapter regulating -;_any:- aspect ofdevelopment-,_ including any zoning,.__ rezoning,"; subdivision building construction, site planning, sign regulation, landscapi:ng,_° or other. regulations, controlling land development._. Level -of -Service- means an indicator... of the.. degree of service: provided, by a public. facility based upon its. oPerational `characteristics, and -expressed. as t the. capac--- ity per unit of demand. r Level -of -Service Standard Means --the_ minimum,-, -thresh:- old of -service for. for a public , facility below:, which -, the level -of -service 'should.. not- be _ allowed: to deteriorate. �•Y § 662.03 CONCURRENCY MANAGEMENT SYSTEM § 662.03 without triggering restrictions on new development. Major Project means any project which is either: a Development of Regional Impact; a residential development of 250 or more dwelling units; or a commercial/industrial development of more than 50,000 sq. ft. of gross building area. Open Space means a primarily undeveloped tract of land, whether public or private, which is both suitable and available principally for "passive" recreation or conservation uses, regardless of whether or not such land is actually put to such uses; by definition, the term "open space" does not encompass the meaning of the term "park". Park means a tract of land which has been officially designated as such and which is either developed or scheduled to be developed for primarily "active" recrea- tion. uses; by definition, the term "park" does not encompass the meaning of the term "open space". Project Completion means the issuance of the final certificate of occupancy for a project. Rendition means the issuance of a written determi- nation, under the CMS, by the Building Official, Concurrency Manager, City Council or Planning Board, the date of execution of which shall be presumed to be the date affixed to said document; this document shall be filed with the City Clerk on the same date. Total Traffic means the traffic count during the buildout period of a project. It consists of the sum of: existing traffic, traffic to be generated by the project minus captured trips, and background traffic. Trip Generation Standards means the guidelines contained in the document entitled "TRIP GENERATION, 4TH EDITION" prepared by ITE in 1987, and as amended. Vested Right means the entitlement to develop enjoyed by a project due to the fact that the City issued a Development Order/Permit for the project prior to the effective date of this Concurrency Management System. Such a project is not required to meet the concurrency requirements of this Chapter unless the § 662.03 CONCURRENCY MANAGEMENT SYSTEM § 662.05 project is significantly changed in terms of its density, intensity, or facility impact subsequent to the effective date of this Chapter ---in which case it will lose its vested right and be obliged to undergo a review under this CMS. [Ord. No. 3-90, § 1, 25 Jan 90] Sec. 662.05 Concurrency Management Policies and Procedures. A. Responsibility for Decision -Making in Concur- rency Evaluation. Although the City Manager in his capacity as Concurrency Manager has basic oversight responsibility for the CMS, the immediate authority for making a concurrency evaluation and finding and the issuance of a Concurrency Compliance Certification shall rest with the Building Official; however, his determinations on these matters shall be reviewed by the Concurrency Manager. City officials may obtain assistance, opinions, and recommendations from quali- fied professional engineers and planners in reviewing and evaluating projects for concurrency purposes. The Planning and Zoning Board shall follow its usual review procedures for development proposals, except that any final approvals shall be contingent upon the issuance of a Concurrency Compliance Certification by the Building Official. B. Application for Concurrency Evaluation. As of the effective date of this Chapter, any application for approval of a site plan, subdivision plat, or a building permit shall simultaneously request and trigger a concurrency evaluation of the proposed project, unless a separate application for concurrency evaluation of the project has previously been submitted. No development application shall be approved unless and until the Concurrency Management System has made a concurrency" evaluation of the proposal, and the Building Official has made a finding of non -deficiency and issued a Concurrency Compliance Certification for it. Any application for a development permit must be consistent with the information on which the concur- rency evaluation is based. If the applicant increases the intensity or density of the project during any stage in the development approval process, a new concurrency evaluation will be required. Any party requesting a concurrency evaluation shall submit the following information to the Building Official, on a 662.05 CONCURRENCY MANAGEMENT SYSTEM § 662.05 form provided by the City, and pay a scheduled fee established by resolution of the City Council: 1. Name, address, and telephone number of property owner. 2. Name, address, and telephone number of applicant. 3. Legal description of property. 4. Size of property in square feet. 5. The proposed project's capacity need for water, sewer, transportation, parks and recreation, drainage and solid waste services. Total need shall be shown, as well as a breakdown of need for each phase or stage of the project. If capacity has been reserved, the applicant shall furnish a capacity reservation certificate from the provider entity; this certificate shall state the amount of capacity reserved, the period for which capacity is reserved and the beginning and ending dates for said reser- vation. 6. If access to the project is from a - State Roadway, applicant must furnish a statement from the Florida Department of Transportation stating that access will be approved upon submittal of appropri- ate engineering and design exhibits for a driveway permit. 7. Specific use or uses. 8. Square footage or number of units for each use. 9. If a subdivision, the number and type of units for each phase. C. Criteria for Evaluation. The following criteria shall be used to determine whether the levels -of - service of the various public facilities are adequate to support the specific impacts of the proposed development: 1. Building Permits of Insignificant Impact: § 662.05 CONCURRENCY MANAGEMENT SYSTEM § 662.05 a. Certain types of property improvements requiring the issuance of a building permit shall be presumed to have an insignificant concurrency impact, thus requiring only a minimal concurrency review. This is due to the fact that the improvements involved do not result in any significant increase in demand upon the levels -of -service of the critical public facilities. These improvements include, by way of example: remodeling or repair of an existing single-family dwelling unit which does not provide for an increase in the number of inhabitants of the property; addition of garages or small storage structures to existing dwelling units; repairs or installations to a property which do not involve enlargement of the facility; etc. 2. Transportation Facilities: a. The capacity and level of service thresholds for arterial and collector transportation facilities shall be evaluated with thresholds established by the City. These thresholds are to be reevaluated by the City on an annual basis. All evaluations required in this Chapter shall be performed by an independent professional entity recognized in the field of transportation studies. b. The impact on the roadway system shall be determined by utilizing the trip generation standards contained in the report Trip Generation (4th Edition, Institute of Transportation Engineers), or as .amended. The evaluation of traffic impacts shall be for the p.m. peak hour or the a.m. peak hour, whichever is greater. c. The calculation of total traffic generated by a proposed project will assume 100 percent build -out and occupancy. Credit against the trip generation of non-residential land uses may be taken for the capture of passing trips (passerby, trips). The use of passerby trip rates must be justified by the applicant and is subject to approval by City staff. For mixed - use developments, any trips that will be 1 § 662.05 I ' CONCURRENCY MANAGEMENT SYSTEM § 662.05 absorbed internally by the project shall be specified and justified by the Applicant. Should the development be replacing an existing use, credit for trips generated by the existing use shall be allowed, as long as the existing use was generating traffic at the time existing traffic counts were taken. ' d. Traffic counts will be taken on an annual basis at specified City traffic count stations. Peak hour, directional traffic counts will be determined for the mean of peak season and annual average basis conditions. The current traffic station count, as determined by the annual City traffic count program, will be the basis upon which available capacity is determined. e. The following trip generation thresholds are established for determining available capacity: (1) For developments that are antici- pated to generate two (2) new peak hour trips or less, no evaluation of road capacity is required. (2) For developments that are antici- pated to generate three (3) to twenty (20) new peak hour trips, a determination of excess capacity is required at four City traffic count stations: one shall be at the northern extreme of SR A1A within the City limits, one shall be at the southern extreme of SR A1A within the City limits, and the other two shall be taken at the stations nearest the development, which are not located on SR A1A. (3) For developments that are antici- pated to generate twenty-one (21) to one hundred (100) new peak hour trips, the Appli- cant shall submit a traffic impact study that notes trip generation characteristics, trip distribution, and anticipated capacity impacts at five City traffic count stations: one shall be at the northern extreme of SR AlA within the City limits, one shall be at the southern extreme of SR A1A within the. § 662.05 CONCURRENCY MANAGEMENT SYSTEM § 662.05 City limits, and the other three shall be taken at stations nearest the development, which are not located on SR A1A. (4) For developments that are antici- pated to operate over 100 new peak new trips, the Applicant shall submit a traffic impact study that notes trip generation characteristics, trip distribution and antic- ipated capacity impacts at all City traffic count stations. (5) The evaluation of available capac- ity at each traffic count station must include an assessment of existing traffic volumes, previously approved project traffic volumes and existing Level of Service "E" service volumes. The evaluation for each traffic count station is to be on a p.m. peak hour or a.m. peak hour, whichever is higher, directional basis, unless other- wise specified by City staff. Analysis is to be conducted for the mean of peak season and annual average basis conditions. f. Should a project's capacity evaluation indicate deficient capacity at traffic count stations on the City's arterial facility (SR A1A), the Applicant may submit a travel time delay study according to procedures outlined in Chapter 11 of the 1985 Highway Capacity Manual (Transportation Research Board). Results from this study will indicate the actual operational level of service for this facility. Prior to conducting a travel time delay study, the Applicant shall submit to the City proposed methodology for approval. 3. Sanitary Sewer Facilities: a. The available capacity for sanitary sewer facilities shall be calculated by subtracting the current flow and previously committed capacity from the design capacity of the wastewater treatment facilities. If waste- water capacity is available for the project, the § 662.05 CONCURRENCY MANAGEMENT SYSTEM § 662.05 City's Wastewater Treatment Department shall issue a capacity reservation certificate for it. b. The impact on the treatment plant shall be determined by utilizing the City's adopted sanitary sewer level -of -service standard, which is currently 118 gallons per capita per day, equivalent to 400 gallons per day per equivalent residential unit. 4. Potable Water Facilities: a. It shall be the responsibility of an applicant for development approval to obtain a potable water capacity reservation certificate, or equivalent certification, from the Water Department of the City of Cocoa. b. The impact on water supply facilities shall be determined by utilizing the City's adopted potable water .level -of -service standard, which is currently a usage of 264 gallons per capita per day. Determination of impact shall be coordinated with the Cocoa Water Dept. and shall be consistent with the capacity determi- nation of the Cocoa Water Department. 5. Solid Waste Facilities: a. It shall be the responsibility of an applicant for development approval to obtain a solid waste capacity reservation certificate, or equivalent certification, from Brevard County. b. The impact on solid waste disposal facil- ities shall be determined by utilizing the City's adopted solid waste disposal standard of 7.51 pounds per capita per day. Determination of impact shall be coordinated with Brevard County and shall be consistent with their capacity determination. 6. Parks and Open Space: a. The City shall determine the adequacy of public park and recreation facilities based upon the City's adopted level -of -service standards Q 662.05 CONCURRENCY MANAGEMENT SYSTEM § 662.05 for parks and open space--i.e. one acre per 1000 population for parks, and the same for open space. b. The impact of proposed development shall be determined by comparing the existing popula- tion of the City (as correlated with the existing parkland and open space throughout the City) with the estimated population of the City at the time of project impact (as correlated with the projected amount of parkland and open space to be available at that time.) Only the population of proposed residential development shall be considered in calculating the impact of a specific project. In calculating the popula- tion of residential units, the most recent household -size figures contained in the data and analysis of the Comprehensive Plan shall be used as the multiplier. 7. Drainage Facilities: a. Adequacy of stormwater management facil- ities shall be determined at the time of engineering review based, at a minimum, on the City's adopted level -of -service standards for drainage. b. The applicant shall be required to submit a Stormwater Master Plan for the proposed project at the time of engineering review. This Plan shall "meet., or preferably exceed, the on - site drainage level -of -service standards of this Code. It shall also include engineering calculations demonstrating that the off -site stormwater facilities to which the site will be connected possess adequate capacity to handle the projected site runoff impacting them. The form and degree of detail required in the Plan shall be established by the City Engineer in accordance with accepted engineering principles. The Plan shall be prepared, sealed and signed by a qualified professional engineer, licensed to practice in the State of Florida. D. Concurren'cy Evaluation Finding of Deficiency. 662.05 1 CONCURRENCY MANAGEMENT SYSTEM § 662.05 1. If the concurrency management evaluation of a development proposal finds that the issuance of a development order or permit would cause a deficiency (with reference to the adopted standards) at the time of project impact in the level -of -service provided by one or more of the six critical types of public facilities, the City shall deny, defer, condi- tionally approve, or require modification of the proposal in order to ensure that no such deficiency emerges. 2. In the event that the concurrency evaluation results in a finding of deficiency as noted in the preceding paragraph, the applicant may, by paying a scheduled fee specified by the City, reserve priority for one year over subsequent applications competing for the same facility capacity. When adequate capacity becomes available, the City will notify those applicants with the highest priority and which have maintained their reservations that there is now a finding of non -deficiency on their application. This finding of non -deficiency (Concur- rency Compliance Certification) shall be valid for 45 days from date of issuance subject to re- submission of the corresponding application for development permit during that time -frame. E. Duration of Non -Deficiency Finding (Concurrency Compliance Certification) After Issuance of Development Permit. A Concurrency Compliance Certification shall remain valid for a period of 45 days following issuance provided that the related application for a development permit has been submitted prior to the end of the 45- day period. Once the development permit is issued, the Compliance Certification shall continue in effect according to the following time frames: 1. For site development plan approval: The Concurrency Compliance Certification shall have a maximum duration of 18 months, unless the intensity or density of the proposed project is increased since the last concurrency-evaluation, in which case the Compliance Certification shall become null and void and a new concurrency evaluation shall be required. 2. For a residential subdivision, or a phase or unit thereof, including planned unit developments: § 662.05 CONCURRENCY MANAGEMENT SYSTEM 5 662.05 The Compliance Certification shall remain valid for a period not to exceed 60 months from the date of construction permit issuance, provided that authorized work proceeds in a timely manner. 3. For an individual single-family development: The Compliance Certification shall remain valid for a period not to exceed 24 months provided that a building permit is obtained during that period and that authorized work proceeds in a timely manner. Lots included within subdivisions which have not passed a concurrency evaluation or where the non - deficiency finding or vesting period has expired are included in this category. 4. For a commercial, industrial, or multi- family development: The Compliance Certification shall remain valid until construction has been completed and a certificate of occupancy has been issued; or for the life of the permit unless it is revoked or suspended. F. Expiration of Concurrency Compliance Certifica- tion. When any of the non -deficiency finding time -frames expire for a particular project, a new concurrency evaluation shall be required in conjunction with the next application for a development permit. Any vesting period relating to concurrency may be con- sidered null and void if the applicant fails to perform in fulfilling all requirements to keep the vesting current, including the payment of all fees pursuant to a capacity reservation. If an applicant maintains a capacity reservation, the expiration of the Concurrency Compliance Certification shall not nullify the capacity reservation. G. Cumulative Level -of -Service Records. The concur- rency management system shall maintain a cumulative record of the level -of -service capacity allocations permitted by the approval of final development orders or permits. H. Operating Systems, Procedures, and Tasks. 1. Overall Concurrency Management. The City Manager shall have operating responsibility for the Concurrency Management System and in that capacity § 662.05 � I 1 CONCURRENCY MANAGEMENT SYSTEM § 662.05 shall serve as the Concurrency Manager. The Concurrency Manager may delegate administrative responsibilities to others, particularly the Building Official. The Concurrency Manager may utilize the services of professional engineering and planning consultants to assist the City with such aspects of the CMS as project analysis, concurrency evaluations, and program monitoring. 2. Concurrency Monitoring. The City shall main- tain written and/or computerized records of all capacities or volumes which are committed for developments as a result of the issuance of develop- ment orders or permits. Where another jurisdiction provides services to a project, the City shall obtain pertinent and up-to-date capacity/volume information from that jurisdiction. 3. Measuring Potential Impacts. For purposes of measuring the potential impact of a project, all previously committed capacities/volumes shall be taken into account on a cumulative basis and considered in conjunction with existing levels -of - service and adopted level -of -service standards. I. Conditional Approval of Development Orders or Permits. If the concurrency evaluation review indi- cates that the potential impact of a proposed development project will cause a deficiency in the level -of -service of one of the six critical public facilities, the City may conditionally approve the development order or permit under certain specific circumstances, as follows: 1. Subdivision Plats and Site Plans. Subdivi- sion plats and site plans may be conditionally approved if the indicated public facilities deficiency will be corrected by the time of project impact through an adequate facility improvement included in the City's Capital Improvements Program and Budget or in that of another local government responsible for providing the service in question. 2. Building Permits. a. Building permits may be conditionally approved if construction of the necessary public 1/7 §(662.05 CONCURRENCY MANAGEMENT SYSTEM § 662.07 facility improvement is either: budgeted in the Annual Capital Improvements Budget; or is under binding contract for construction; or is already under construction; or is under some other binding financial commitment. b. Building permits may be conditionally approved if the developer enters into a legally - binding financial commitment to construct all of the improvements necessary to concurrently accommodate the development impacts. c. Building permits may be conditionally approved if the applicable impact fees or "fees - in -lieu -of", which relate to the needed public facility improvements scheduled within the Capital Improvements Program, are paid at the time of permit issuance to accommodate develop- ment impacts. J. Vested Rights. Any development order or permit approved prior to the effective date of this Chapter for a project which has not undergone any subsequent changes significantly increasing its impact on critical public facilities shall not be subject to the concur- rency management provisions of this Chapter. [Ord. No. 3-90, § 1, 25 Jan 90; Ord. No. 21-90, 1, 1 May 90] Sec. 662.07 Appeals. Except as otherwise provided in this Code, appeals from the decisions of the Building Official, Concurrency Manager, or Planning Board or City Council making determinations hereunder, including, but not limited to, a finding of concurrency deficiency, refusal to issue a Concurrency Compliance Certification, project impact determination, refusal to. issue a building permit, etc., shall be taken before the Board of Adjustment. Any such appeal must be filed in writing with the City Clerk within 20 calendar days of rendition of the decision in question, and the reasons for such appeal shall be set forth therein. The City Clerk shall arrange for an appeal hearing before the Board of Adjustment, and the Clerk shall notify the appellant in writing of the date, time and place of the hearing. A. The appellant shall have the burden of affirma- tively demonstrating that the decision of the City § 662.07 CONCURRENCY MANAGEMENT SYSTEM § 662.07 official(s) was in error. Said official(s) shall have the opportunity to present information and argument to support their decision. B. The Board of Adjustment shall base its decision on the requirements of the City's Land Development Regu- lations. The Board shall make its decision based upon its usual voting procedures. The decision shall be issued in writing stating the reasoning involved, and it shall be rendered within 60 days of the close of the hearing. No further administrative appeal is available beyond this stage though the appellant retains the right of appeal through the Judicial System as provided by law. (Ord. No. 3-90, § 1, 25 Jan 90] § 664.01 STORMWATER MANAGEMENT CHAPTER 664 STORMWATER MANAGEMENT § 664.03 Sec. 664.01 Purpose and Intent. This Chapter addresses stormwater management in order to protect, maintain, and enhance the health, safety and general welfare of the citizens of Cape Canaveral. The intent of this Chapter is to protect surface water, ground water, and other natural resources by ensuring that stormwater runoff peak discharge rates, volumes, and pollutant loadings are no greater after development than before, and that precautions are taken to prevent erosion sedimentation, flooding, and water pollution. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 644.03 Definitions. For the purposes of this Chapter the following definitions shall apply: Best Management Practice means a practice or combi- nation thereof that are the most effective, practical means of preventing or reducing the amount of pollution generated by a project to a level compatible with Florida water quality standards found in Chapter 17-3 and Chapter 17-4 F.A.C. Clearing means the removal of vegetation from land, not including the mowing of grass. Construction means. any on -site activity which will result in the change of natural or existing drainage patterns, including alteration of existing contours, erection of buildings or other structures, or land clearing. Control Elevation means the lowest elevation at which water can be released through the discharge struc- ture. Control Structure. means the element of stormwater discharge structure which allows the gradual release of water under regulated conditions. Detention means the gradual and controlled delay of stormwater runoff discharge into receiving waters. Development means the construction, installation., demolition or removal of a structure, impervious 1 § 664.03 STORMWATER MANAGEMENT § 664.03 surface, or drainage facility; or clearing, scraping, grubbing, killing, or otherwise removing vegetation; or adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, dredging, or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Direct Discharge means discharge of stormwater through a control structure directly to the receiving water body. Discharge means the outflow of water from a project, site, aqui er, drainage basin, or facility. Discharge Point means the approved point, location, or structure where stormwater runoff discharges from a storm sewer or stormwater management system to a receiving conveyance facility or body of water. Discharge Rate means the volume of fluid per unit time leaving a site. Discharge Structure means a structural device through or over which water is discharged from a storm - water management system. Dry Detention means the temporary delay of stormwater runoff by a structure for water quantity requirements, prior to discharge into receiving water. Dry Retention means water storage area with a bottom elevation at least two feet or more above the wet season water table. Retention storage percolates into the ground and evaporates instead of being discharged to receiving waters. Enforcement Officer means the City Building Official. Exfiltration means on -site retention of stormwater accomplished below ground. Hydrograph means a graph showing discharge over time for a selected outfall point or drainage way. Hydroperiod means the cyclical changes in the amount of stage of water in an aqueous habitat. § 664.03 STORMWATER MANAGEMENT § 664.03 Impervious Surface means a surface which is highly resistant to infiltration by water. Indirect Discharge means discharge of stormwater from a system by a means other than a control structure. Land means the earth that lies above mean high tide for land subject to tidal inundation and mean high water for freshwater bodies of water. Off-line Treatment means a treatment facility, such as retention, detention with filtration, or wet deten- tion, which receives the treatment volume only via a diversion structure; runoff in excess of the treatment volume bypasses the off-line facility. Person means an individual, firm, corporation, government, trust, partnership, association, group, or other legal entity. Pervious refers to any material which is permeable or capable of being easily penetrated by water. Predevelopment Condition for Stormwater Runoff means topography, vegetation,rate, volume, direction and pollution load of surface or ground water flow existing prior to development. Project Initiation means all acts antecedent to actual construction activities. Recharge means net downward percolation of water to an aqur . Record Drawings means the amended site plans specify- ing the locations, dimensions, elevations, capacities and capabilities of facilities as constructed. Such drawings must be signed and sealed by a Florida - registered professional engineer and submitted to the City Building Department prior to project completion. Retention means to prevent stormwater runoff from leaving t e project site and discharging into receiving waters. Retrofitting; means improving the quality of storm - water runoff through changes in the existing stormwater management system. § 664.03 STORMWATERMANAGEMENT § 664.03 Sediment Facility means any structure or area which is designed to retain runoff until suspended sediments have. settled. Site Plan means the plan documents which show the means by which the development will conform with applic- able City requirements. Spreader Swale means a depression positioned parallel to the receiving water body which allows for indirect discharge of stormwater which is in excess of the retained or detained volume. Stormwater Management Plan means the detailed analysis which describes how the proposed stormwater management system for a development has been planned, designed, and will be constructed to meet applicable City requirements. Stormwater Management System means the designed features of a property which collect, convey, channel, hold, inhibit or divert the movement of stormwater to insure its proper treatment and storage. Swale means a manmade depression which: a. Has a minimum width to depth ratio at its top of 6:1; or a minimum side slopes horizontal/verti- cal ratio of 3:1; and b. Contains contiguous areas of standing or flowing water only following a rainfall event; and c. Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and d. Is designed to take into account the soil erodi- bility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge. Vegetated Buffer Strip means areas retained in their natural state or replanted along the banks of water- courses, water bodies, or wetlands. The width of the 664.03 STORMWATER MANAGEMENT § 664.05 buffer should be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the water body, and allow for periodic flooding without damage to structures. Watercourse means any natural or artificial stream, creek, slough, channel, ditch, canal, waterway, gully, ravine, or wash in which water flows in a definite direction and which has a definite physical channel, bed or banks. Water Detention Facility means a stormwater manage- ment facility which provides for the delaying of stormwater runoff. Water Retention Facility means a stormwater manage- ment facility which, through percolation, evaporation, or evapotranspiration, prevents direct discharge of stormwater runoff into receiving waters. Wet Detention means a stormwater management system that includes a permanent water pool, a shallow litto- ral zone with aquatic plants and capacity to provide detention for the extended time needed to treat the required volume. Wetlands means those areas saturated by surface or groundwater at a frequency and duration sufficient to support a dominance of vegetation adapted for saturated soil conditions as specified in the Rules of the Florida Department of Environmental Regulation, Chapter 17-3022. Wet Season Water Table means the ground water level during the time of year when the greatest amount of rainfall occurs. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 664.05 Relationship to Other Stormwater Manage- ment Requirements. In addition to meeting the requirements of this Chapter the design and performance of all stormwater management systems shall comply with applicable State of Florida regulations (Chapter 17-25, F.A.C.) and rules of the St. Johns River Water Manage- ment District. In all cases the strictest of applicable standards shall apply. [Ord. No. 4-90, § 1, 25 Jan 90] § 664.07 STORMWATER MANAGEMENT § 664.09 Sec. 664.07 Status of Previous Approvals. Projects with unexpired development plans or development orders which were approved prior to the effective date of this Chapter are not subject to the requirements of this Chapter; they must meet only those stormwater require- ments in effect at the time of project approval. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 664.09 Prohibitions; Permit. No person may subdivide or make any changes in the use of land or build or rebuild a structure or change its size, except as hereinafter exempt, without first obtaining a permit from the City of Cape Canaveral Building Department as provided herein. Since the following activities may alter or disrupt existing stormwater runoff patterns, they shall, unless exempt pursuant to Section 664.11 hereof, require the issuance of a City permit prior to onset by paying a scheduled fee as established by Reso- lution of the City Council. A. Clearance or drainage of land. B. Conversion of land use from agricultural to non- agricultural. C. Conversion from one agricultural use to another. D. Land subdivision. E. Replats of recorded subdivisions, and develop- ment of recorded and unrecorded. F. Changing a land use; building a structure; or changing the size of a structure. G. Alteration of the shoreline or banks of a sur- face water body. H. Alteration of ditches, terraces, berms, swales, or other stormwater management facilities. I. Increasing the impervious area of any unit of land J. Moving of earth from or on any unit of land. K. Permanent lowering of a water table. [Ord. No. 4-90, § 1, 25 Jan 90] § 664.11 STORMWATER MANAGEMENT § 664.11 Sec. 664.11 Exemptions. The following activities shall be exempt from the permitting requirements of Section 664.09 of this Chapter: A. Maintenance performed on existing mosquito control drainage structures provided that it does not increase the peak discharge rate or pollution load; B. Maintenance of stormwater structures• which does not change: the design peak discharge rate, volume, or pollution load of runoff; on -site storage capacity; or erosion from the site; C. Single-family and duplex homes in a subdivision which has an approved stormwater management system. However, this does not exempt such sites from the retro- fitting requirement's in an approved retrofitting target area. D. Any development within a subdivision if all of the following conditions are met: 1. Stormwater management provisions for the subdivision were previously approved by the City and remain valid as part of a final plat; 2. The developmentis conducted in complete accordance with the stormwater management provisions submitted with the final plat. E. Bona fide agricultural pursuits, for which a program of Best Management Practices has been approved and accordingly implemented by the local Soil and Water Conservation District or the St. Johns River Water Management District. F. Emergency Exemptions: 1. This Chapter shall not be construed to prevent any act otherwise lawful and necessary to prevent material harm to property as a result of a present emergency, including, but not limited to, fire, infestation by pests, hazards resulting from storms or hurricanes, or when property is in immi- nent peril, and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of, the property. § 664.11 STORMWATER MANAGEMENT § 664.13 2. A report of any such emergency action shall be made to the Building Official of the City by the owner or person in control of the property upon which the emergency action was taken; this report shall be made as soon as practicable, but in no event more than 10 days following the action. Remedial measures may be required by the Building Official. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 664.13 Performance Standards. Computations should consider the duration, frequency, and intensity of rainfall, wet season water table, antecedent moisture conditions, soil type and surface storage, time of concentration, tailwater conditions, changes in land use or land cover, and any changes in topography and hydraulic characteristics. Large systems should be divided into sub -basins according to artificial or natural drainage divides to allow for more accurate hydraulic simulations. Examples of acceptable metho- dologies for computation of runoff hydrograph are: Santa Barbara Urban Hydrograph Method; Soil Conser- vation Service Curve Number and Unit Hydrograph (TR-20 and TR-55); and U.S. Army Corps of Engineers HEC-1 Computer Program. The methodology to be used for compu- tation of runoff for water quality requirements is the Rational Method. [Ord. No. 4-90, § 1, 25 Jan 90] A. Rainfall Intensity. In determining peak dis- charge rates, intensity of rainfall values shall be obtained through a statistical analysis of historical long term rainfall data or from sources or methods generally accepted as good engineering practice. Exam- ples of acceptable sources include: 1. USDA Soil Conservation Service, "Rainfall Frequency Atlas of Alabama, Florida, Georgia, and South Carolina for Duration from 30 Minutes to 24 Hours and Return periods from 1 to 100 Years", January, 1978, Gainesville, Florida. 2. U.S. Weather Bureau Technical Paper No. 49. 3. U.S. Weather Bureau Technical Paper No. 40. B. Water Quantity Requirements. All stormwater management systems will be evaluated on their ability to prevent flooding and to prevent negative impacts on the watershed basin and natural systems. ni § 664.13 STORMWATER MANAGEMENT § 664.13 1. Peak Discharge a. The post -development peak rates of discharge must not exceed the pre -development rate for the 25-year/24 hour and th 5-year/24 hour storms. b. For retention basins with no positive outfall, the 100-year/24 hour design storm shall be used. c. For aggregate discharger where multiple off -site discharges to the same receiving water body are designed to occur, the total post - development peak discharge shall not exceed the total pre -development level. 2. Discharge Volume a. The post -development volume of direct runoff must not exceed the pre -development level for a 25-year/24 hour storm event. For dis- charge to landlocked receiving water bodies, volume requirements must be met for a 25-year/96 hour design storm. 3. Floodplain Storage and Conveyance a. Floodways and floodplains, and levels of flood flows or velocities of water courses must not be altered so as to adversely impact the off -site storage or conveyance capabilities of the water resources. b. A stormwater management system shall not cause a net reduction in flood storage capacity within the 25-year floodplain or floodplain bank. And such a system shall not encroach within the limits of a floodway adopted by ordinance or cause a reduction in the flood conveyance capa- bilities of the 100-year flood plain. C. Water Quality Requirements. Stormwater manage- ment systems will be evaluated based on the ability of the system to prevent degradation of receiving waters, to prevent adverse impacts on the site's natural systems, to remove pollutants, and to conform to State State water quality standards, as set forth in Chapters § 664.13 STORMWATER MANAGEMENT § 664.13 17-3 and 17-4, F.A.C. The following criteria are based on the principle that the first flush of runoff contains the majority of the pollutants and that pollut- ant removal efficiencies differ according to the method of stormwater management and land use. 1. Retention and Wet Detention Requirements: Retention and wet detention in the overall system shall be provided for the "first flush" removal of pollutants with one of the two following criteria or equivalent combinations thereof: a. Wet detention treatment volume shall be the first inch of runoff from the developed project and offsite areas draining into the treatment facility, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is greater. No more than one-half the volume may be discharged in the first sixty hours. The volume in the permanent pool must provide for a residence time of at least four- teen days. A littoral shelf shall be provided by extending and gently sloping the sides of the facility (at least 6.1) out to a point 2-3 feet below the normal water level or control eleva- tions. b. Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention or runoff from the first inch of rainfall, whichever is greater. The storage must be recovered within 72 hours following rain- fall. 2. Intense Land Uses: a. Commercial or industrial projects shall provide at least one-half inch of pretreatment dry detention or retention. b. Stormwater discharge facilities which receive stormwater from areas with greater than 50 percent impervious surface or which are a potential source of oil and grease contamination in concentrations exceeding applicable water quality !standards shall include a baffle, skimmer, grease trap, or other mechanism § 664.13 STORMWATER MANAGEMENT § 664.15 suitable for preventing oil and grease from leaving the discharge facility in concentrations that would contribute to violations of said water quality standards. 3. Credit for Systems with Inlets in Grassed Areas: Systems with inlets in grassed areas will be credited with up to 0.2 inches of the required wet detention amount for the contributing areas. Full credit will be based on an impervious area to pervious area ratio of 1:10, with proportional credit granted for greater ratios. 4. Area of Special Concern: All projects which discharge directly into the Banana River Lagoon or any watercourse connecting with same shall include an additional level of treatment equal to 50% of the regular treatment criteria; shall provide off-line treatment of the first one-half inch of runoff; and shall utilize a trash collection device in the storm - water management system. 5. Single -Family and Duplex Sites: Facilities to accommodate only one single-family or duplex unit, unless included in the Section on Exemptions, shall provide on -site treatment equal to one-half inch of runoff over the entire site. Prior to issu- ance of a building permit for such sites, a stormwater permit must be approved by the Building Official. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 644.15 Design Standards. To comply with the foregoing performance standards any proposed stormwater management system shall conform to the following design standards: A. Detention and retention systems shall be designed in accordance with criteria determined by the City Engineer. B. During construction best management practices shall be used as, necessary for on -site erosion and sedi- ment control. These practices shall be designed by a competent professional experienced in soil conservation or sediment control; said practices shall be designed to address site specific conditions and shall be noted on the stormwater management plans. The designer shall provide the contractor with instructions pertaining to the implementation of these practices. § 664.15 STORMWATER MANAGEMENT § 664.15 C. In watershed areas covered by a Stormwater Management Master Plan adopted either by Brevard County or the City, all proposed facilities must be consistent with that Master Plan. D. Runoff from impervious areas shall be directed to retention areas, detention devices, and/or filtering and cleansing devices, and it shall be subject to a best management practices prior to discharge from the project site. Where practical, swales should be used instead of curb and gutter. For projects which include substantial paved areas, provisions shall be made for the removal of oil, grease, and sediment from the discharge. E. Configurations which create stagnant water condi- tions, such as dead-end canals, are prohibited, regardless of the type of development. F. A proposed stormwater management system shall be designed to accommodate both the stormwater originating within the development and that which flows onto the development from off site. G. A proposed stormwater management system shall be designed to function properly, considering proper main- tenance, for as long as stormwater impacts it. H. Design and construction of a proposed stormwater management system shall be certified as meeting the requirements of this Chapter by a Florida -registered professional engineer. I. No surface water may be channeled or directed into a sanitary sewer. J. A proposed stormwater management system shall be compatible with the drainage systems on adjacent proper- ties or streets, taking into account the possibility that substandard systems may be improved in the future. The following coordination mechanisms shall be explored: master drainage plan for watershed sub - basins, coordinated planned improvements with affected agencies and land owners, and cooperative retrofitting programs. § 664.15 STORMWATER MANAGEMENT § 664.15 K. The banks of detention and retention areas shall have a maximum horizontal to vertical slope of 6:1. In wet detention ponds, this slope shall extend two feet below the controlled water level to accommodate the planting of appropriate native vegetation. L. Dredging, clearing, deepening, widening, straigh- tening, stabilizing or otherwise altering natural surface waters shall be minimized in the overall drainage plan. M. For aesthetic reasons and to increase shoreline habitat, the shoreline of detention and retention areas shall be sinuous rather than straight. N. Natural surface waters shall not be used as sedi- ment traps during or after development. 0. Water reuse and conservation shall be promoted by incorporating the stormwater management system with any irrigation system serving a development. P. Native vegetation buffers of sufficient width to prevent erosion shall be retained or created along the edges of all surface waters. Q. In phased developments the stormwater management system for each phase shall be, at least temporarily, functionally independent. R. The responsible party for stormwater discharge facilities constructed to accept stormwater from multi- ple parcels within the facilities drainage area shall notify the City annually of the discharge volumes from all new parcels which have been allowed to discharge into the facility and shall certify that the maximum allowable treatment volume has not been exceeded. S. Construction methods and materials shall meet the minimum criteria established in the City Building Codes, or as determined by the City Engineer and the Florida DOT, as appropriate. T. The control elevation must be above the wet season elevation of the receiving waters. [Ord. No. 4- 90, § 1, 25 Jan 90] § 664.17 STORMWATER MANAGEMENT § 664.17 Sec. 664.17 Stormwater Management Information to be Submitted. A. General Requirements: A development plan or application for Stormwater Permit shall contain suffi- cient information to allow the City Engineer to determine whether the development plan meets the requirements of this Chapter. Information may be in the form of construction plans, maps, graphs, charts, tables, photographs, narrative, or supporting refer- ences, as appropriate. B. Supporting Requirements: The following informa- tion shall be submitted as part of the development plan or application for Stormwater Permit: 1. A recent aerial photograph taken not more than three years before the date of application, which encompasses the project area and all land areas which contribute to the runoff flow. The scale shall not exceed one inch equals 2,000 feet. 2. A topographic map of the site clearly showing the location, identification, and elevation of bench marks, including at least one bench mark for each major water control structure. Unless other- wise approved by the City Engineer, the minimum contour interval of the topography map shall be one foot. The map shall be signed and sealed by a registered surveyor. 3. A detailed overall project area map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off - site areas that drain onto or from the project area. The scale shall not exceed 1 inch equals 200 feet and shall be prepared on a 24-inch by 36-inch sheet. 4. A current land use map. 5. A soils map of the site. 6. Specify the seasonal high water table and low water table elevations. 7. A map of vegetative cover, including:adja- cent wetlandsj. § 664.17 STORMWATER MANAGEMENT § 664.17 8. A map showing the location of all, soil borings or percolation tests. Percolation tests shall be conducted if the stormwater management system will use swales, percolation filtration, or exfiltration designs. 9. A map showing the flood hazard cation of the project site and its environs. 10. Grading plans specifically perimeter grading. 11. Paving, road and building plans showing the location, dimensions, and specifications of roads and buildings (including elevations). classifi- immediate including 12. An erosion and sedimentation control plan that describes the type and location of control measures,the timing of their implementation, and maintenance provisions. 13. The description, assumptions, and calcu- lations of the proposed stormwater management system, including: a. Channel, direction, flow rate, and volume of stormwater inputs and outputs for the site, with a comparison to natural or existing conditions. b. Detention and retention areas, indi- cating wet or dry, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes. c. Areas of the site to be used or reserved for percolation, including an assessment of the impact on ground water quality. d. Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydro- graphy, side slopes, depths, cross -sections, and water surface elevations and hydrographs., 664.17 STORMWATER MANAGEMENT § 664.19 e. Any off -site easements required for the proper functioning of the system. f. Identify drainage basin or watershed boundaries and show where off -site waters are routed onto or around the project. g. Right-of-way and easements for the system, including locations and a statement of the nature of the reservation for all areas to be reserved. h. The location of off -site water resource facilities, such as surface water management systems or wells that might be affected by the proposed project, showing the names and addresses of the owners of the facilities. 14. Storm Sewer tabulations including, but not limited to, the following: a. Locations and types of structures. b. Types, diameters, slope and lengths of line. c. Drainage sub -areas tributary to each structure. d. Runoff coefficient per sub -area. e. Time of concentration to structure. f. Hydraulic gradient for the 25-year frequency sto rtn event. g. Estimated receiving water (tailwater) elevations, with sources of information, if avail- able. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 664.19 Maintenance and Inspection. A. Dedication. If a stormwater management system approved under this Chapter is to function as an inte- gral part of the City -maintained system, as determined by the City Engineer, the facilities should be dedi- cated to the City. § 664.19 STORMWATER MANAGEMENT § 664.19 B. Maintenance by an Approved Entity. 1. Acceptable Responsible Entities. An accept- able responsible entity which agrees to operate and maintain the surface water management system will be identified in the permit application. The entity must be provided with sufficient ownership rights that has control over all authorized management facilities. The following entities are acceptable: a. The City of Cape Canaveral. b. The St. John's River Water Management District, a drainage district created by special act, or a Special Assessment District created pursuant to Chapter 170 Florida Statutes. c. A State or Federal agency. d. An official public utility. e. A property -owner or developer, subject to compliance with the following provisions prior to issuance of a Certificate of Occupancy: (1) Written proof that an acceptable entity, as set forth in paragraphs 1 through 4 above, will accept the operation/mainte- nance of the system at a time certain in the future, and/or (2) Submission of a bond or other assur- ance of continued financial capability to operate and maintain the system. f. For -profit or including homeowners owners associations, associations or master if: non-profit corporations associations, property - condominium owners associations, but only (1) The owner or developer submits,docu- ments constituting legal capacity and a binding legal obligation between the entity and the City to affirmatively take responsi- bility for the operation and maintenance of the stormwater management facility. § 664.19 STORMWATER MANAGEMENT § 664.19 (2) The Association has sufficient powers to: operate and maintain the system as permitted by the City; establish rules and regulations; assess members; contract for services; exist perpetually, with the Articles of Incorporation providing that if the Association is dissolved, the system will be maintained by an entity as set forth in paragraphs 1 through 4 above; provide a bond or other assurance of continued finan- cial capacity to operate and maintain the system. 2. Phased Projects a. If a project will be phased, and subse- quent phases will use the same stormwater management facilities as the first phases, the operation/maintenance entity shall have the ability to handle the future phases. b. In phased developments with an inte- grated stormwater management system that employs independent operation/maintenance entities for different phases, said entities, either individu- ally or collectively, shall have the responsibility and authority to serve the entire project. That authority shall include cross easements for stormwater management as well as the authority/ability of each entity to enter and maintain any facility should any other entity fail to maintain any portion of the system. 3. Applicant as Acceptable Entity. The applicant shall be an acceptable entity with respon- sibility for the operation/maintenance of the system from the onset of construction until the system is dedicated to and accepted by another acceptable entity. C. Plan for Operation and Maintenance Program. The acceptable entity must provide a plan for the operation and maintenance of the stormwater management system to the City Building Official every five years. The entity must also provide, prior to approval, legally - binding written documentation stating that it accepts 664.19 .STORMWATER MANAGEMENT § 664.21 the operation and maintenance duties for all stormwater management systems for which it is responsible. D. Failure to Maintain Stormwater Management Systems. If the responsible operation/maintenance entity fails to maintain a stormwater management system, the City Building Official shall give the entity written notice that corrective action should be taken. If the entity fails, within 30 days from the date of the notice, to take the corrective action, the City may elect to take the necessary corrective action and place a lien against the property to recover the cost thereof. E. Inspections. The applicant shall arrange with the Building Official to schedule the following inspec- tions: 1. Erosion and Sediment Control Inspection: Conducted as deemed necessary by the City during. and after construction to ensure effective control of erosion and sedimentation. Control measures shall be installed and stabilized between any waters and any areas proposed to be cleared prior to any land clearing activity. 2. Bury Inspections: Conducted when all work on the stormwater management system facilities has been completed. A record drawing of the system is required with sufficient information to show that the system is built in accordance with the approved site plan and construction drawings as certified by a registered Florida Professional Engineer. The inspecting official shall either approve the work or disapprove it, in which case he shall give written notification to the applicant indicating the nature of any deficiencies. Any portion of the work which does not comply shall be corrected by the permittee within the time frame deemed reasonable by the City Building Official. Any failure to comply shall be subject to the penalty provisions of Section 664.21. A fee for inspections shall be established by the City Council. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 664.21 Enforcement and Penalties A. If the Building Official determines that a project is not being carried out in accordance with the § 664.21 STORMWATER MANAGEMENT § 664.23 approved plan, or if any project is being carried out without a required permit, he is authorized to: 1. Issue written notice to the applicant specifying the nature and location of the alleged non-compliance, including a description of necessary remedial actions. 2. Issue a stop -work order directing the appli- cant or persons in possession of the building permit to cease and desist all or any portion of the work which violates the provisions of this Chapter, until the remedial work has been completed to the satisfac- tion of the Building Official. The applicant shall then bring the project into compliance or be subject to a denial of the Certificate of Occupancy for the project. 3. Any order pursuant to sub -paragraphs 1 or 2 above shall become final unless the person named therein request, in writing, by certified mail, a hearing before the Building Official no later than ten working days after the date such order is served. Failure to act in accordance with the order after receipt of written notice shall be grounds for revo- cation of all City permits issued for that project which would be affected by or would affect the stormwater management system. B. Any person who violates or causes to be violated any provision of this Chapter or permits any such viola- tion or fails to comply with any of the requirements hereof shall be punished by a fine equivalent to the cost of having complied with the regulations. Each calendar day when such violations occur shall consti- tute a separate offense. In addition to any other remedies, the violations of this Chapter may be restrained by injunction, and otherwise abated in any manner provided for by law. [Ord. No. 4-90, § 1, 25 Jan 90] Sec. 664.23 Variances. Upon request by any person required to obtain a permit hereunder and where it may be shown that an increase or decrease in the rate, volume, and quality of surface runoff shall not be harm- ful to the water resources of the City, the City Zoning § 664.23 STORMWATER MANAGEMENT § 664.23 Board of Adjustment may grant or deny a variance to this Chapter as provided in Section 645.25 of the Code of the City of Cape Canaveral. City staff shall make recommendations on such matters within 30 days of noti- fication. [Ord. No. 4-90, § 1, 25 Jan 90] § 667.01 WETLANDS PROTECTION CHAPTER 667 WETLANDS PROTECTION § 667.03 Sec. 667.01 Purposes and Intent. It is the purpose and intent of this Chapter to protect, preserve, and enhance, where feasible, the natural functions of wet- lands within the City of Cape Canaveral. It is also the intent of this Chapter to apply the following standards for development in and adjacent to wetlands. [Ord. No. 5-90, § 1, 25 Jan 90] Sec. 667.03 Definitions. For the purposes of this Chapter, the following definitions shall apply: Best Management Practices means those practices as developed by the U.S. Department of Agriculture, Florida Department of Agriculture, or other appropriate agencies. Forestry means the science, application, and practice controlling the establishment, composition, and growth of forests through sound management tech- niques, based upon the management objectives of the owner. Wetland Function means that characteristic of a wetland determined by its ability to provide a diver- sity of habitat and food sources for aquatic and wetland -dependent species, for the threatened and endan- gered species, and for species of special concern; to provide flood storage capacity; to provide for the protection of downstream and off -shore water resources from siltation and pollution; or to provide for the stabilization of the water table. Isolated Wetlands means wetlands which are not hydro- logically connected to a surface water body and which may only be inundated on a seasonal basis. Included would be perched wetlands, among others. Mitigation means actions taken to offset the adverse effects of the loss of wetlands. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous § 667.03 WETLANDS PROTECTION § 667.05 materials (including the abandonment or, discarding of barrels, containers, or other receptacles containing hazardous materials) into the environment, in such a manner as to endanger. the public health, safety, or welfare, or the environment, or in violation of any federal, state, or local. law (including rules or regu- lations). Waters -Edge Wetlands means wetlands which have 'a surface water connection to a surface water body. Any canal, ditch, swale, channel, culvert, pipe, stream, river, slough, or other water body will be considered a ::surface water connection. It is not essential that the :water flow be uniform or uninterrupted. Water from _natural springs will be classified as surface water if it emanates from the spring onto the earth's surface. Wetland Boundary means the boundary or a wetland as determined by the criteria contained in the "Management and Storage of Surface, Waters Handbook" of the St. Johns River Water Management District. Wetlands means hydrologically sensitive areas identi- fied by being inundated or saturated by surface or ground water with a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. [Ord. No. 5-90, § 1, 25 Jan 90] Sec. 667.05 General Provisions. The following regu- lations shall apply to development requiring a site plan or a subdivision plat in or adjacent to wetlands: A. Wetlands which require a St. Johns River Water Management District permit are exempt from Provisions 2, 3, 4 and 5 of this Section. B. During the review of development plans, the Building Official, the City Engineer, or other City agents shall use the National Wetlands inventory maps, the Brevard County Soil Survey, aerial photography, applicant -provided information, or other applicable data to determine the existence of wetlands on or;adja- cent to the site!. C. If these: materials indicate that wetlands may exist on or adjacent to the property, a site inspection § 667.05 WETLANDS PROTECTION § 667.07 will be performed by the City Engineer or a qualified subcontractor to determine if wetlands are present, and if so, the wetlands boundaries. D. Based on this assessment, the City Engineer shall make recommendations for development within or adjacent to the wetlands, and for required mitigation, if any, consistent with the provisions of this Chapter. E. The Building Official, City Engineer, or other City agents shall conduct a site visit with the developer or developer's representative and locate the wetlands boundaries, or will provide the developer with a photocopy of an aerial photograph or map of the area with the wetlands boundaries clearly marked,whichever is available. The City will not provide a survey of the wetlands boundaries. [Ord. No. 5-90, § 1, 25 Jan 90] Sec. 667.07 Permitted Uses. A. The. following .uses shall be permitted provided : that they do. not. adversely affect the functions. of wet- lands within the City: :_- v 1 Agricultural?. and : forestry. operations _.utiliz- ing Best Management.Practices. 2. - Rec'reation.. • 3. Fish and wildlife management. 4. Open Space. B., As_. an,: alternative. to, filling,. isolated . wetlands may be utilized within ...the surface water_ management system of a project as approved by the City. C. Maximums -residential density.: within- all water's _:.edge.- wetlands _ _and -, isolated ; __wetlands _ larger;;.,than one acre shall be onedwelling unit per two and _ one.. -half , D:-- All- subdivision platsand multi -family' residen- tial y plans- shall : be,.. reviewed by the.; Building;. Of f icialz :- or . the_. City ..; Engineer., to .: determine._,.. utilization or-, protection of wetlands = during-: 'plat ' or -site".. plan review. �, S 667.07 WETLANDS PROTECTION S 667.09 E. Any allowed filling of wetlands shall be limited to: the structural building area requirements, the 100-.year flood elevation requirement for first floor elevations, and a single primary access to the on -site structures. The amount of fill and the extent of the filled area shall be the minimum required to accomplish these purposes. F. Any person or developer submitting a site plan or subdivision plat for review pursuant to this Chapter shall submit said site plan or subdivision plat to the St. Johns River Water Management District for concurrency evaluation of the impact of said site plan or subdivision plat on wetlands. No building permit or development. permit shall be issued unless the St. Johns River Management District has made a determination in the concurrency evaluation process that the proposed development does not require a St. Johns River Water Management 'District permit and that the proposed development does not cause a loss of wetlands in the City. If a proposed development will cause a loss of wetlands in the City, the St. John's River Water Management District shall make a determination that proposed mitigation meets the requirements of Section 667.11,--Mitigation, before any building permit or development permit.. shall be issued. (Ord. No. 5-90, S 1, 25 Jan 90; Ord. No. 4-92, S 2, 5 May 92) Sec. 667.09 Prohibited Uses. A. A11 other development, except asprovidedabove, shall be prohibited in wetlands unless:: .. = - 1. Access, to the water is required- through water's edge wetlands; or or 2. The activity has no feasible alternative location; • 3. The activity does not .impair .the function of the wetland; or-' 4. The activity enhances the function of the wetland. B. Commercial and -industrial uses shall not -be permitted in wetlands.,:. C. Disposal of solid or liquid wastes, .and applying or .storing pesticides and herbicides' shall-. be -prohibited in any wetland-°: a.. D. = Public facilities - shall: not: be located- within: wetlands unless the following, conditions apply: ot Page Revised Ordinance No. 4-92 March 30, 1993 S 667.09 WETLANDS PROTECTION S 667.11 1. The facilities are water -dependent, such as mosquito control facilities; or 2. The facilities are water -related, such as boat ramps, docks, or surface water management facilities; or 3. The facilities are not adversely affected by periodic flooding or standing water; or 4. The building structures are flood proofed and located above the 100-year flood elevation, or removed from the floodplain by appropriately constructed dikes or. levees; or 5. The facilities are found to be in the public interest, and there is not feasible alternative locations. (Ord. No. 5-90, S 1, 25 Jan 90) Sec. 667.11 Mitigation. Any development in wetlands shall provide for the replacement of lost wetlands caused by the project. Mitigation shall occur at a ratio of- 2 units of replacement wetlands for each 1 unit, or fraction thereof, of lost wetlands (a 2:1 ratio). Mitigation should generally be in- kindand on -site; however, alternative wetland community types, and mitigation sites may, at the sole option of the City, be considered in lieu of in -kind and on -site mitigation if the latter is not a practical option. If mitigation in this manner is not feasible, then such practices as land -banking and wetland enhancement may be considered. All such proposed mitigation shall be reviewed and approved by the City Engineer prior to the issuance of a development order for the project. The approved mitigation plan shall become a part of the approved site plan or subdivision plat. Mitigation methods, as delineated in the "Management and Storage of Surface Waters Handbook" of the St. Johns River Water Management District shall be used, as appropriate. (Ord. No. 5-90, S 1, 25 Jan 90). Page Revised Ordinance No. 4-92 March 30, 1993 -§ 668.01 'FLOODPLAIN PROTECTION § 668.03 CHAPTER'668 FLOODPLAIN PROTECTION Sec. 668.01 Statement of Purpose and Intent. It is: the purpose' and -intent of this Chapter to protect and - restore, where feasible, the natural functions of flood plains within the City of Cape Canaveral. It is also the. intent. of this.. Chapter to apply the following, standards for develment within all areas covered by. the one hundred -year floodplain. [Ord. No. 25-90, § 1, 8 Nov 90] • Sec. 668.03 Definitions. For .the purposes of this Chapter, the following terms pertain and are defined as follows:. Agricultural Pursuits:.. Activities related- to.culti- vating the soil and producing crops. Best Management -Practices: . Those practices as developed and recommended by the U.S. Department of Agriculture,. .Florida Department of. Agriculture, or other appropriate agencies. Development means the carrying out of any building or mining.activity, the .making of any material change in the use or appearance of any structure or land, or the dividing of land into two or more parcels. A. The: following. activities shall be construed to involve development: reconstruction, alteration of the size; or material change in the external appearance of a structure; change in land -use intensity,•such as an increase in the number of units in a structure or on the land; alteration of a shore or.bank of a seacoast, river, stream, lake; pond, or canal; alteration of the land or -vegetation in -a floodplain or flood 1prone area; drilling, except. to obtain soil samples; mining, or excavation on land; demolition of:a strupturev clearing of land; deposit ofrefuse, solid or liquid waste,'of fill on land. B. The following -activities shall not_be construed to. mean "development": work by -.a highway. -or road, agency for -the maintenance : or improvement of _ a: road, :'if the :work, is'carried out on land within the boundaries aa� 1 § 668.03 jFLOODPLAIN PROTECTION § 668.03 of the right-of-way; work by any utility or other entity engaged in the. distribution or transmission of gas orwater,. for the purposes of inspecting, repairing, renewing, or constructing on established rights -of -way and sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, or the like; maint- enance, renewal, ,improvement, or. alteration 'of a structure if the work affects' only the interior, the color, -or the exterior decoration; the use of any resi- •dential structure or land for .any purpose. customarily incidental to enjoyment of the dwelling unit; the useof any land:for'the purpose of growing plants, crops, trees, and other agricultural or forestry products; change in use of -land -or structure from one use within ..a specific class to another use within the same ,class as defined. in the Zoning Ordinance; a change in owner- ship or form thereof 'for -a structure or parcel; the creation or termination of land..rights. C. "Development" includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, develop- ment refers to the act of developing .or to the result of development. Reference to particular activities is not intended to limit the generality of the term development. Firm Maps: Flood Insurance Rate Maps published by the Federal Emergency. Management Agency (FEMA). Floodplain: A flood prone. area which may or may not ,have a hydrological -connection to; the Banana River Lagoon System. For purposes of this Chapter, a flood - plain means -any area within the 100-year floodplain as defined below: Isolated Floodplain: Any floodplain area which does not havea direct connection to open water. .One Hundred -Year Floodplain: The floodplain that is at or below the 100-year flood elevation. The 100- year floodplain'has given a statistical probability of one in 10.0 of being flooded in any given year according to ;the best available data. Hazardous Materials: Any _material defined, listed, -characterized or classified as a hazardous Z7 § 668.03 • FLOODPLAIN PROTECTION § 668.05 substance, ' haz'ardous waste,' or toxic substance according to any of the following State or federal codes or .regulations: A. Chapter 38F-41 of the Florida Administrative Code (the. Florida Substance List). B. Tithe AO':of.- the. Code of. Federal Regulations,. Part 261 (Identification -and Listing of Hazardous' Wastes) C. :Title 40 of the Code of Federal Regulations, Part.302..4 (Designation. of Hazardous Substances)'. D. Title 40 of the Code of federal Regulations, .Part 355, Appendix'A and B (List of Extremely Hazardous .Substances).. AT- hazardous material, as defined herein, includes any solution,:mixture, .or formulation_ containing_ such materials, and also ,includes any material which, due. to 'its -chemical• or physical characteristics,. is determined by. the ,City' -Manager to pose. -a substantial threat to'the • `life., health-,- or .safety of persons or property.. or to the environment. .Forestry: The art of application and practice of controlling:the 'establishment, composition, and. growth of .forests through sound management techniques, based upon the owner's' objectives. Solid Wastes means -sludge: from a waste treatment works, water supply treatment plant:, or air pollution control facility; or garbage, rubbish, refuse, or other discarded material,. including solid, . liquid, semi- solid, or, contained•gaseous material resulting from domestic, industrial,- commercial, mining., agricultural; or governmental operations. [Ord.. No. 25-90, § 1, 8 Nov.90] .Sec. 668.05 General Provisions. All site plans,. subdivision plats, and other development proposals shall be reviewed'by, the City Building Official or his designee to determine their impact upon floodplains. The following regulations shall apply to development in` designated.floodplains_: AaT § 668.05 FLOODPLAIN. PROTECTION § 668.09 A. Uses usually permitted in floodplain areas: 1. Agricultural pursuits, including forestry operations, utilizing Best Management Practices, and agricultural structures which will not restrict the flow of flood waters above the 100-year floodplain elevation; and 2.. Recreation consistent with the requirements of the floodplain; and 3. Fish and wildlifemanagement; and 4..Open space. B. Development within floodp.lains shall not have adverse impacts upon adjoining properties.. C. All development within floodplains shall be required to obtain a building permit unless it consists solely of . activities which are excluded from the meaning of the term "development" as defined above. D. Development requiring .a building permit shall not cause a net loss inthe flood storage capacity of the floodplain. E. Floodplain elevations shall be determined utilizing the best available data, which includes.FIRM maps and the Flood Insurance Studies for Brevard County, Florida and Unincorporated Areas, April 3, 1989, prepared. by FEMA. [Ord. No. 25-90, § 1, 8 Nov 90] Sec. 668.07 Development Regulations. A. Density in all zones used in the floodplain shall be consistent with the Zoning Regulations of Cape Canaveral, Florida. B. Development within 100 to 25-year floodplain. shall not negatively impact other property or the receiving surface water body quality. [Ord. No. 25-90, § 1, 8 Nov 90] Sec. 668.09 ;Prohibited Uses. A. New dikes, levees or other structures shall not be -permitted within the 100-year floodplain unless it aa� § 668.09 FLOODPLAIN PROTECTION § 668.09 can be demonstrated that they will not restrict the flow of 100-year floodwaters. The only exceptions to this, provision arestructures shown, to have. overriding public benefit. Replacement or repair of non -breached dikes are permitted- as long as such replacement or repair does not change the status of .the floodplain and. maintains the existing ability to utilize the property. B. Within the 100-year floodplain, any proposed expansion of commercial or industrial structuresor uses, including parking areas,shall be consistent with existing ordinances of Cape Canaveral, Florida. C. The following specific uses. are incompatible with the floodplain and shall not be permitted. 1.. Placing, depositing, or dumping of solid wastes, including sludge,septage, scallop shells and viscera. 2. Processing, storing or disposal of hazardous materials. [Ord. No. 25-90, §. 1, 8 Nov 90]. �30 §670.01 DISCHARGE OF WATERS AND WASTES §670.07 INTO CITY SEWER SYSTEM CHAPTER 670 DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM Sec. 670-.01 Purpose. The purpose of this Chapter is to protect the City's sanitary sewer system, treat ment works, and ultimately, the environment from adverse impacts created by toxic or high strength wastes from commercial and- industrial establishments. [Ord'. No. 5-91, §1,= 7 May 91] ' Sec. 67.0.03 General Provisions. The policy is hereby established which will be effective upon the passing of. this Chapter that the provisions of this 'Chapter. will -be enforced to the fullest extent possible. These requirements are in accord with the Federal -Water Pollution Control Act -amendments of 1972 -and pretreatment- standards as specified in 40 CFR, S .403.5 (a) and (b), and pertinent rules and regulations of the State' of -Flori-da.;Department ofEnvironmental Regulation ":which must be complied with by all appli- cable commercial ' and industrial . facilities. :The standards set forth. are minimum.requiremen.ts-to ensure the general health and welfare of the public and-. the surrounding environment. . [Ord. No. 5-91, §1-, 7 May 91] Sec. 670.05 Application of Chapter Provisions. The use of City wastewater facilities by an entity shall subject that entity. to the application - of this Chapter.. This shall- include, but not be limited to, wholesale, retail, industrial, commercial, and large agreement users, whether inside or outside. the. City limits.. [Ord. No. 5-91, §1, 7 May 91] Sec. 670.07.:Definitions. . As used. herein, the, following terms ,shall -have the meanings stated: ' Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, - as amended,. 33 U.S.C-. 12-51, et. seq. Authorized Representative of Industrial User: An .authorized representative of an industrial user may be: a. A principal executive officer of at least the ,3) S670.07 DISCHARGE OF WATERS AND WASTES PINTO CITY.SEWER SYSTEM §670.07 level of vice president, if the industrial user is a corporation; b. A general partner orproprietor if the indus- trial user is a partnership or proprietorship, respectively; c. A duly authorized representative of the individual designated above if such represent- ative -is responsible for the overall operation of the facilities from which the indirect charge originates. B.O.D.: The abbreviation for biochemical oxygen demand or the quantity of .oxygen used in the ,bio- 'chemical oxidation of organic matter in_ a specified time (five•(5) days) at a specified temperature (twenty (20) degrees centigrade) and under specified conditions (standard, laboratory) expressed in terms of weight and concentration (milligrams per liter). Categorical Industrial User:. A person discharging pollutants which are regulated by -pretreatment standards established by the EPA which address various processes/activities being performed within the estab- lishment; may or may not have been•assigned an SIC number. • Chemical Oxygen Demand: (C.O.D.): A measure of the oxygen equivalent of that portion of the.. organic matter in .a sample thatis susceptible to oxidation by a strong chemical oxidant. City: All that land and area included within the boundary of. Cape -Canaveral, Florida, in which the City Council proposes to acquire, establish, construct, extend, operate, and maintain sanitary sewerage facil- ities, except as follows: a. All county, state, and federally owned land and water area located in the incorporated area of Cape Canaveral, except where the county, state, and federal government consent to the provisions of this Chapter. g3= DISCHARGE OF WATERS AND. WASTES §67,0.'07: INTO`CITY SEWER SYSTEM All .landand water area duly franchised by the City Council to privately owned sewer utility companies or to municipal corporations, for. the provisions of sewerservice intheunincorpo- rated area of Cape Canaveral, except wherethe privately owned sewer utility companies consent to the provisions of this Chapter. CollectionSystem: The system of public sewers to be operated by the City of Cape Canaveral or public sewers connected to' the.. City system collecting "waste- water from point sources. Cooling Water The water discharged from any use such ,, as air . conditioning, cooling .or-.. refrigeration, during which the only pollutant added to the water is heat. Compatible Pollutant: BOD, "suspended solids,., pH and fecal coliform bacteria and: such additional pollutants as are nowor maybe in the future specified, and:: controlled in, the. City's NPDES- permit . for its 'waste- water treatment works where said works have been'. designed _and used to reduce or remove such pollutants Designee Person authorized in writing by the. City. Manager to carry out the provisions of this Chapter. Domestic Wastewater:' Wastewater derived principally from dwellings, commercial buildings, institutions, and industry resulting from household ortoilet wastes resulting from human. occupancy.. Establishment - A public or .privateinstitution in. which certain functions are performed. Garbage : Solid waste from domestic and commercial preparation, cooking, and: dispensing of food, and-. from handling, storage, and sale of produce..: Industrial and Commercial Waste 'Pretreatment Agreement:. A Contractual agreement in fulfillment of U.S. Environmental ` Protection Agency pretreatment. program requirements wherein the industrial or commer- cial user ,;agrees to comply with specific conditions set forth in., the agreement . and in return the City agrees to §670.07 DISCHARGE OF WATERS AND WASTES §670.07 INTO CITY SEWER SYSTEM provide wastewater treatment service pursuant to this Chapter. Industrial or Commercial Waste: The liquid wastes from industrial,commercial, or institutional processes as distinct from domestic or sanitary sewage. Industrially •Classified User: A nonresidential, nongovernmental user whose liquid wastes are, in part, made up of flows related to industrial processes rather than being composed of flows resulting from human occupancy; and whose industrial process flows contain toxic pollutants which interfere, have the potential to interfere, are incompatible, or would reduce the utilityof the sludge or treated effluent, or which have any other adverse affect onthe treatment works.. mq/1 (milligrams per.liter) The strength or concen- tration of a constituent ina solution; also expressed as parts per million. Natural Outlet: Any outlet into a watercourse, pond, ditch, lake,or other body of surface .or ground- water. National Pollution Discharge Elimination System or NPDES Permit: A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category .of industrial users. Non -Compliant User: Any person who discharges waste water which -is in violation of any pretreatment require- ments (limits; sampling, analysis, reporting) as defined in 40 CFR 123.45. Person: Any individual, establishment, firm, company, association, society, corporation, or group. 21: The logarithm of the reciprocal of the hydrogen ion activity, expressed in units. �3 §670.07 DISCHARGE OF WATERS AND "WASTES §670:.07 INTO CITYSEWER. SYSTEM Pretreatment Requirements: Any substantive or procedural requirement related to the pretreatment, other than a national pretreatmentstandard imposed on a significant industrial user. Pretreatment or Treatment: The reduction of the amount of pollutants, the eliinination of pollutants, or. the alteration of the nature of pollutant properties in wastewater. to a ;;.less harmful state prior to or in lieu of discharging or . otherwise introducingsuch pollutants .. into a POTW. Thereduction or alteration can be obtain- ed -by' physica:l,chemical or . biological processes except as prohibited:. by 40 CFR, Section 403.6 (d ):.. Pass -through A state of non-compliance with an NPDES Permit in which toxic or harmful . pollutants pass through the .treatment plant into " `:the environment : in such, concentrations as to havean adverse 'effect. Properly: Shredded Garbage: The.. wastes from the ;prep-. aration, cooking,..: and dispensing of foods, that have been shredded to such a degree that all particles will. becarried freelyunder the flow conditions normally. prevailing in public sewers with no particle greater than one-half inch.(1.27. centimeters) in any direction. Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the Act '.(33=U.S.C.. 1292) which :is owned by the City This definition includes any sewers that convey wastewater to the POTW treatment :p'lant. Public Sewers A sanitary sewer - to. which all owners of abutting properties have " equal rights and which is controlled by public authority. Sanitary Sewage:, The household, and resulting from human occupancy. Sanitary Sewers Pipe or conduit sewage and to which storm, surface, and are not intentionally admitted . -. Sewage residences, a35 A. combination of water -carried wastes(. from business buildings, institutions, and indus- §670.07 DISCHARGE OF WATERS AND WASTES §670.07 INTO CITY SEWER SYSTEM trial establishments, together with such ground, surface, and storm -waters as may be present. Sewage Works: All facilities for collection, pumping, treatment, and disposing of wastewater. Shall is mandatory; ."may" -'is permissive. Significant Industrial- User: Shall include the following: a. All categorical industrial users. b. Any non -categorical industrial/commercial user that: Discharges 25,000 gallons or more per average work day;. Contributes_ a waste stream which makes up 5 percent or: more of the avrage_ hydraulic or organic (BOD, TSS, etc.) capacity of the treat- ment.plant; Has toxic pollutants in the wastewater as.. defined pursuant 'to' Section 307 of the Act or State Statutes and rules; Is found by the City,. the Florida Department of Environmental Regulation (FDER) or the U. S. Environmental Protection Agency (USEPA) to have significant impact on the wastewater treatment system, the quality of sludge, the system's effluent .quality, endangerment of POTW workers or air emissions generated by the system. Significant Noncompliance: Anyviolation of pre- treatment requirements (limits, sampling,_ analysis,. reporting and meeting compliance schedules) as defined in 40 CFR.123.45. Slug: Any discharge of water or wastewater which in concentration -of any given constituent or. in quantity of' flow.exceeds for any period or duration. longer than fifteen .(15) minutes more than five (5) times the average twenty -four-hour concentration of flows during §670.07. DISCHARGE OF WATERS AND WASTES §670.09. INTO CITY SEWER SYSTEM. normal operation . and shall adversely affect « the collection system and/or performance of the wastewater treatment works. - Standard Industrial Classification (SIC): A classi- fication. pursuant to the Standard Industrial Classifi cation Manual issued by the Executive Office. of the President, -Office of Management and Budget, 1972. Storm Sewer: • A. sewer which carries storm_ and. surface., waters as drainage but excludes sewage and polluted industrial waste. Surcharge:.. A charge levied' on the. users of the treatment works whose wastewater di-scharge exceeds the parameters established for.wastewater strength. Suspended•Soli.ds: Solids that either float on the .surface of or are in suspension in water, wastewater, or other-, liquids• and which arelargely removable by. laboratory: filtration. Treatment. Works: The .wastewater treatment plant, :interceptors, force: mains, lift stations, and Collec- tion systems. .Unpolluted Water:. Water not containing any pollut- ants limited or prohibited by .the effluent standards in effect,. or water .whose discharge will not cause any violation of receiving water quality standards. Users Any person who -.discharges, causes -or permits thedischarge of wastewater into, the City's wastewater treatment system. Wastewater Treatment Plants; 'Any arrangement of .devices and structures used,' for.treating wastewater. .[Ord.. No: 5--91, §1, 7 May-91] Sec. 670.09 Use Of Public SewersRequired. .A. It shall beunlawful for:any person to place, deposit, or -permit. to .be deposited in any unsanitary manner on public or private property within'the City of. Cape Canaveral, or in any area under the jurisdiction of. said --City, any human or animal excrement, garbage, or other objectionable waste. 3'7 S670.09 ' DISCHARGE OF WATERS AND WASTES • INTO CITY SEWER SYSTEM S670.11 B. It shall be unlawful to discharge to any natural outlet within. the City of. Cape -Canaveral, or in any area under the jurisdiction of said City, any sewage or otherpolluted waters, except where suitable treatment has been provided in accordance with subsequent provi- sions of this Chapter. C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool,or other facility intend- ed or used for the disposal of sewage. D. The. owner of all houses, buildings, or proper- ties used for human occupancy, employment, recreation, or other purposes situated within the City and abutting on any street, alley, or right-of-way in which there is now locatedor may in the future be located a public sanitary sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, andto connect such facilities directly with the proper public sewer in accordance with the provisions of this Chapter, within sixty (60) days after dateof official notice to do so; provided, that said public sewer is within one hundred fifty (150) feet of the property line. [Ord. No. 5-91, §1, 7 May 91] Sec. 670.11. Building Sewers And Connections. - A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof 'with- out first obtaining a written permit from the City. B. The permit application shall be supplemented by any plans, specifications, or. other information consid- ered pertinent in the judgement of the City. A permit and inspection fee. -shall' be paid to the, City at the time the application is filed. The. permit fee for those establishments discharging industrial wastewater is further explained in Sec. 670.17. C. All costs and expenses incidental to the install- ationof the building sewer shall be borne by the owner. The owner shall indemnify. the City against any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. DISCHARGE. OF. WATERS AND WASTES 1 INTO CITY SEWER_ SYSTEM D. A .separate and independent building sewer shall be provided for every . building; except, that where one building stands at the rear of another, on an interior lot and no private sewer is available or can be con- structed to the rear buildingthrough anadjoining alley, court, yard, or driveway, the- building sewer from the front building may be extended ;to the rear building and the wholeconsidered as one building sewer. E. Old building sewers may be used in connection. with newbuildings only when they are found, on examin- ation and:. test by the City, to meet all requirements of this Chapter. F. Thesize, slope, alignment,:.. materials, of construction of a building sewer, and the methods tobe used : in excavating, placing of the pipe, jointing, test- ing, . and :: back -filling the trench . shall conform to the requirements of. the building and _ plumbing codes or other applicable rules and regulations of the City.''. In the. -.absence of code " provisions or in :- amplification thereof, :`the materials ...and ::.procedures setforth in appropriate specifications of the American Society of Testing Materials (ASTM) and Water Pollution Control Federation (WPCF) Manual of ::Practice: No. 9 shall apply. G. Whenever possible, the building sewer shall be brought to the building at an elevation below the base- ment.. or . bottom .•floor slab;. Inall buildings - in which any building drain is too low to permit gravity flow to. the public sewer, sanitary sewage carried by such build ing drain:" shall be ..Lifted by an approved means and discharged to the bumiding sewer H. No . person shall make -.connection of ::roof ;down- spouts,:: exterior foundation drains,:: areaway, drains, or. other sources of. surface runoff or ground water to a building" sewer :or buildingdrain :;:which, :`in turn, is connected directly: or indirectly` to a public sanitary sewer. I. The connection of the building sewer to the publicsewer shall conform to the requirements of the building and . pl`umbing.codes or- otherapplicable rules and regulations sof the City or the procedures. set forth �3� §670.11 DISCHARGE OF WATERS AND WASTES §670.13 INTO CITY SEWER SYSTEM in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Citybeforeinstallation. J. The applicant for the building sewer permit shall notify the. City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of either the Public Works Director or Chief Building Offi- cial or their representative. K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, side- walks, parkways, and other public property disturbed .in the course of the work shall be restored in a manner satisfactory to the City. [Ord. No. 5-91, §1, 7 May 91] Sec. 670.13 General Prohibitions and Limitations on Wastewater Discharges. A. No person shall discharge or cause to be dis- charged any stormwater, surface water, ground water, reclaimed ground water, roof runoff, swimming pool water, subsurface drainage, uncontaminated cooling water, or •unpolluted industrial process waters to any sanitary sewer. B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm. sewers, or to a natural outlet approved by the City. Industrial cooling water and unpolluted process watersmay be discharged on approval of the City to a storm sewer or natural outlet. Under no conditions will the discharge of domestic, sanitary, industrial, or commercial waste be permitted into the storm sewer system. C. No person shall discharge or cause to be dis- charged the following described substances, materials, waters, or waste's; or any other substance, which in the opinion of the City might harm the entire sewers, waste- water treatment' process or equipment, adversely affect the receiving stream, pass through untreated, or other- §670.13 DISCHARGE OF WATERS AND WASTES_ INTO CITY SEWER SYSTEM §670.13 wise endanger life, limb, public property, or constitute a- nuisance. The substances prohibited from discharge to the sewer. system are: 1. Liquids, solids or gases which by reason of their .nature-- or quantity are, -or may be, sufficient either.alone-or by. interaction with other•substances . to cause fire. or- explosion or be injurious. in any other way -to the sewerage facilities or. to the opera- tion of the system. At, no time shall two.successive readings on an explosion::hazard meter, at the point .of discharge into the sewer system, be. -more than five percent (5%) nor any single reading over ten percent (10%) of -the Lower Explosive Limit (L.E.L.) of the meter.. Prohibited materials, include, but are not :limited to: gasoline, kerosene, naphtha, benzene, toluene,-zylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchalorates, bromates, carbides, -hydrides and sulfides. 2._ Any .waters or wastes having a pH' lower.than 6.O. or.having any other corrosive. property capable. of causing damage or hazard --to structures,: -equip ment, 'and- personnel of the sewage works., The maximum pH shall be no higher than 8.5. . 3.. Solid 'or viscous substances in quantities or of such size capable of causing' obstruction .to,.the flow insewers or other interference with the proper operation -of the sewage works such as,. but not limit- ed to, ashes, cinders, sand; mud, straw,. shavings, metal, glass, rags, shells, feathers, .tar, plastics,, grass clippings, wood, unground garbage, whole blood,. bones, paunch manure,. hair and fleshings, entrails,- asphalt residues, residues from refining or processing of. fuel, - and paper dishes, cups,. milk containers, etc., either whole or ground by garbage grinders. 4. Any liquid -(Dr. vapor having a, temperature higher than-one.hundred four (104) degrees Fahren- heit (forty (40) degrees centigrade). 5. Any water or waste containing.floatable fats, wax,. grease,; or oils, whether emulsified'or not; in -excess of one hundred (100) mg/1 or containingsub- stances which solidify or become viscous at tempera a±i §670.13 DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM §670.13 tures between thirty-two (32) and one hundred four (104) 'degrees Fahrenheit (zero (0) and forty (40) degrees centigrade). 6. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three - fourths horsepower (0.76 hp metric). or greater shall be subject to the review and approval of the City. Garbage ,.grinders which release particles greater than one-half inch shall be prohibited. 7. Radioactive wastes or isotopes. of such halflife or concentration that they do not comply with regulations or orders issued by• the. appropriate authority having control over their use and which will or. may cause .damage, or hazards to the sewage facilities or personnel operating the system. 8. Materials which exert or cause: a.' Unusual, concentrations'of .inert suspended solids '(such as, but.not limited to, -Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chlori'de'andsodium sulfate). b. Excessive discoloration (such as, but not limited to -.dye wastes and. vegetable tanning solutions). c. Chlorine quantity as to the . wastewater chlorine demand an increase of that used prior treatment works. demand requirementin such constitute a significant .load on treatment works. An unusual is considered one which requires more than 25% in chlorine over to entry of the waste into the d. Unusual volume'of flow or concentration of wastes constituting "slugs" as' defined herein. ,9. Waters or wastes containing substances which are ,.not .amenable to treatment by reduction by 'the wastewater treatment •processes employed, or are amenable to 'treatment only to such degree that the wastewater treatment plant effluent cannot meet the § 670. 13 DISCHARGE OF WATERS AND WASTES §6.70'.13 INTO CITY SEWER SYSTEM . requirements of other agencies having jurisdiction over discharge to the receiving waters. 10. Any wastewater. containing'. toxic pollutants_ insufficient quantity either .singly or by inter- action. with other pollutants to injure or . interfere - with any wastewater treatment process, constitute a hazard to 'humans or animals, create a toxic effect. in -_the. receiving waters :of the. POTW or to exceed the limitation set forth in a Categorical 'Pretreatment Standard'. A. toxic pollutant shall include but not be limited to any. pollutant. identified pursuant to Section- 307(a). of the Act. (This section currently .identifies 129 priority ..pollutants . in 64 categories). 11.. :Any water or waste containing hazardous or toxic- pollutants in quantities in excess. of the following limits and measured at the point .of discharge into the sewer system: Arsenic' : .05 mg/1 -Barium 3.5- mg/1 Boron- 10e0:- • .mg/1 Cadmium .11 mg/1 Chromium, Total 2..0 mg/1 Chromium, Hexavalent 0.2 mg/1- Copper, Total 1.5 mg/1 Cyanides . ..05 mg/1 Fluorides, 10.0 mg/1 Iron. 1.0- mg/1 Lead. .05 mg/1 Manganese 1.0 mg/1 Mercury, Total .03 .. mg/1 Nickel. 1.0 mg/1 Phenols . . 0.2 . mg/1 ' Selenium .01 mg/1 Silver .05 mg/1 Surfactants 2 .0 mg/1 Zinc, Total 1.0 mg/1 or, (a) any substance that will pass .through. the waste treatment facilities and exceed the state and federal' requirements for receiving waters, or (b) preclude .the beneficial reuse of wastewater effluent, or (c) preclude the beneficial 'use .of §670.13 DISCHARGE OF WATERS AND WASTES §670.15 INTO CITY SEWER SYSTEM wastewater-. sludge either in landspreading or in marketing the sludge in a treated form. [Ord. No. '5-91, §1.,' 7 May 91] Sec..670.'15 Control of Prohibited Wastes. 'A. If any. waters or_wastes are •discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the character- is.tics enumerated in. Sec. 670.13 of this- Chapter, and which, in the judgement of the City, may have a dele- terious effect upon the. sewage works, processes, equipment, receiving waters, or which otherwise create. a -hazard to life or constitute a public nuisance., the City may: 1. Reject the wastes. 2. Require pretreatment to an acceptable condi- tion -tor discharge to the public sewers. • Require the person making, causing or allow- ing the discharge to pay additional cost or expense incurred by the City for .handling and treating excess loads ,imposed on the treatment system. 4. Require control over. the quantities and rates, of discharge. B. If the City, permits, the pretreatment or equaliz- ation of waste flows, the design and installation of the facilities. and equipment shall be subject to the review and approval of the City and subject to the requirements -of .all applicable codes, ordinances, and laws. In addition, any contributing industry as defined by 40 ,CFR 403 shall comply with 40,CFR 403, the Clean 'Water Act, and any ,other regulation as shall from time to' time.: be established by 'EPA or other appropriate regulating governmental agencies. C. Grease, oil, and sand interceptors shall be provided on existing and proposed facilities when, in the opinion of ;the. City-, they are. necessary for .the proper handling! of liquid wastes containing grease in excessive: amount or containing any flammable -wastes, sand, or other harmful ingredients; 'except, such inter- ceptors shall :not be required for private living §670.15 DISCHARGE OF WATERS AND WASTES 'INTO CITY SEWER SYSTEM §670.15 quarters or dwelling units. All interceptors shall conform to Chapter 8 of the Standard Plumbing Code and shall be approved by the City. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. D. Where preliminary treatment, .flow -equalizing facilities, or grease, oil, and sand interceptors are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. E. Each user shall provide -protection from acciden- tal discharge of prohibited materials or other wastes regulated by this Chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or operator's cost and expense. Detailed plans showing facilities and operating procedures- to provide this protection shall be submitted. to the City for review, and shall be approved by the City before construction of the facil- ity. All existing Significant Industrial Users shall complete such a plan by January 1, 1992 -- .No such-.-- user who commences contribution to the POTW after the -.effect- ive date of these regulations shall be permitted to introduce 'pollutants into the system until accidental discharge- procedures have been approved by the City. .Review and approval of such plans and operating procedures, shall not relieve the industrial user from the responsibility to modify the user's. facility as necessary: to meet the requirements of these regulations. F. In case of an -accidental discharge, the facility responsible for such discharge shall immediately notify the City so that corrective action may be taken to protect the treatment system. In, addition, a written report detailing the date, time and -cause of the accidental discharge, the quantity and characteristics of. the discharge and corrective action taken to prevent future discharges, shall be filed with the City by the responsible industrial/commercial facility within five (5) days of the occurrence of the noncomplying dis- charge. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as,a result of damage to the. POTW, fish kills, or other damage to. person or property; nor shall 1 i5. §670.15 DISCHARGE OF WATERS AND WASTES §670.19 !INTO CITY SEWER SYSTEM such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by these regulations or other applicable law. G. Upon the promulgation of the National Categor- ical Pretreatment Standards for a particular industrial subcategory, the. National Standard, if more stringent than limitations imposed under this Chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this Chapter. The City shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. [Ord. No. 5-91, §1, 7 May 91] Sec. 670.17 Fees. It is the purpose of this Section to provide for the recovery of cost from users of the City's wastewater disposal system for the implementation of the program established herein. The following charges and fees shall be payable to the City: Fee -for initial permit -application: $75.00 Fee fOr.annual permit'renewal.:'$2000-[70..19(j)]- Fee for. -.reviewing Accidental . Discharge- and. constrUCtion.plansand specifications: $1.50.00 Fees for monitoring, inspections, and surveillance procedures:- Actual cost based upon labor rates of all individuals involved, including any material and testing costs. (Ord. No. 5-91, §1, 7 May 91] Sec. 670.19 Permission .to Use Sewer System/ Wastewater Discharge Permits. A. The economy and desirability of the combined treatment of industrial and commercial wastes •and sani- tary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so. treated. It shall be the policy •to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes, operaltion of the treatment works or are not s-/ §670.19 DISCHARGE OF WATERS AND WASTES INTO CITY SEWER SYSTEM §670.19 specifically prohibited. This applies to both existing and proposed users of the sewer system. It is also recognized that •to provide this service, additional facilities and/or treatment are required, and the cost of -such must .be borne by the user receiving the benefits. B. Approval is required for the admission of commer- cial or industrial wastes into the public sewers having: 1. A five-day. twenty -degrees. BOD- greater than two hundred fifty (250) mg/1, or 2. A suspended solids content greater than two hundred fifty .(250) mg/1, or 3. A chemical oxygen demand greater than four hundred (400) mg/1, or 4. :A Kjeldahl Nitrogen (TKN) content greater than thirty (30) mg/1, or Total Phosphorus content •greater than ten -(10).-Mg/1. C. In order to identify the, point sources, all users of the treatment works who are now discharging industrial or commercial wastes to the public sewers shall, upon request of the City, fill .in and file with the requesting official within. forty-five (45) days, a questionnaire which shall furnish pertinent data, inclu- sive of quantity of flow and an analysis of the water discharged to the treatment facility.. Further, any person desiring to make a new connection to the waste- water system for the purpose of discharging, industrial or commercial wastes to the public sewers shall fill in and file with the City, at the time of occupancy of the facility, an industrial and commercial waste question- naire as outlined for existing users. D. The questionnaire/application to use the ,sewer system shall contain the following information: 1. Name, address and 24-hour telephone number of the applicant. §670.19 DISCHARGE OF WATERS AND WASTES §670.19 INTO CITY SEWER SYSTEM 2. Volume of wastewater to be discharged, includ- ing average and peak rates with any seasonal variations. 3. Wastewater constituents and characteristics including, but not limited to, those set forth in Sec.. 670.13, 'Sec. 670.15, and Sec. 670.19 of this Chapter. 4. Time and duration of discharge. 5. Siteplans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation. 6. •Description of activities, facilities and plant processes on the premises .including all mater- ials and types of materials which are, or could be, discharged. 7.: Each product produced by- type, amount and rate of production. 8. Number and type. of employees, and hours of work.. 9. Any other information as may be -deemed by the City to be necessary to evaluate :the permit application. E. Failure to submit a completed questionnaire/ application to the City within the specified_ forty-five (45) days will result in an on -site inspection of the facility,by.the City, State'or Federal agencies. F. .Samples of. the wastewater shall .be a 24-hour composite sample collected.so as to be a representative sample of the .actual quality 'of wastes. Jsis a minimum, samples shall be tested -for those parameters listed in Sec. 670.19(b), grease, oil, ,pH, and any suspected constituents related to the type of activity being performed. Samples for analysis shall be collected -by the City at the City's expense. Samples for analysis will be performed by either a laboratory certified by the .Florida :Department of :Environmental Regulation or Florida Department • of Health and Rehabilitative a y� §670.19 DISCHARGE OF WATERS AND WASTES §670.19 !INTO CITY SEWER SYSTEM Services for ;environmental analyses, using the laboratory methods for the examination of wastewater as setforth in the latest edition of "Standard Methods for Examination of Water and Wastewater", as published by the American Public Health. Service, or "Methods for Chemical Analysis of Water and Wastes" as published by the U.S.E.P.A. G. The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance. of the. data furnished, the City .may issue either written permission to discharge wastewaters to the:. collection system. or issue a Notice of Non -Compliance. The Notice of Non -Compliance. will include information that states which wastewater consti- tuents (or . other . information included -.within the questionnaire) are. .in- violation of this .Chapter ,and will establish.. a. time schedule for the user to remedy the potential harm to the POTW.:Either form shall be - subject to terms and conditions provided herein. Any additional - analyses of samples required as .'part. of the Notice of Non -Compliance will be borne by the user. H.' Upon review - of the'. questionnaire, those indus trial/commercial establishments which discharge only domestic wastewater as defined in .this Chapter, shall be exempt from issuance of a ..this Discharge Permit. . I. -Wastewater Discharge. Permits shall be expressly subject to all provisions of this Chapter_ and all other . regulations, user- charges and -fees established by the City. The -conditions of .Wastewater Discharge Permits Shall be uniformly enforced in accordance with. this Chapter, and applicable state and federal regulations. ...The' permit will., include a determination on. whether or not the applicant is a -"Significant Industrial User" as defined. by this Chapter. Conditions may also include the following: • 1. The unit charge ,or schedule of user charges and fees for the wastewater to be discharged to the system. 2. The average and maximum wastewater consti- tuents and characteristics. .Although theselimits will normally be concentrations, mass limits may be. appliedwhere appropriate. §670.19 DISCHARGE OF WATERS AND WASTES §670.19 INTO CITY SEWER SYSTEM 3. Limits on rate and time of discharge. or requirements for flowregulation and equalization. In other words, the construction of holding tanks for the storage of wastewater. 4. Requirementsfor installation and maintenance of inspection and sampling facilities.- 5. Specifications.for monitoring programs which may include sampling -locations, ,frequency of sampling, number," types and. standards for test and reporting schedule. 6. Requirements for maintaining and submitting technical reports and plant records .relating to wastewater discharges. 7. Daily average and daily maximum, discharge rates, or other appropriate conditions when pollut- ants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge. 8. Requirements for notification of slug discharges. 9. Compliance schedules. 10. Other conditions to ensure compliance with this Chapter. J. The initial permit shall 'be effective for a .period of one. (1) year from the date of. issuance. If the user is not notified by the City thirty (30) days prior to the expiration of the permit, the permit shall • automatically be extended for six (6) months. The terms and conditions.of the. permit may be subject,to modifica- tion and change by the -.City during the life of the permit, as'limitations or. requirements as identified in Sec. '670.13 and 670.19 are modified and changed. The user shall.be. informed. of any proposed changes in his ..permit 'at least ;thirty (30).days prior to; the effective date of. change. Any changes. or new conditions in the permit shall include a reasonable time schedule for compliance, based upon the complexity of the new permit Pl5C §670.19 DISICHARGE OF WATERS AND WASTES §670.19 ;INTO CITY SEWER SYSTEM conditions. The agreement/permit shall .be reviewed at the end of one .(I) .year pending both parties approval. provided that the- user has been in. substantial compliance- with the -specified terms of the agreement during the last year. Each renewal period shall be for •one (1) year. Fees may be. established .annually by. Resolution of the City Council. K. Wastewater •Discharge Permits are issued to a specific user fora specific operation. A .Wastewater Discharge :Permit shall not be reassigned or transferred. orsold to a new owner, new. user, modified use of premises, or a new or -changed operation without approval of the City. Any succeedingowner or user shall also comply with the terms and conditions of any existing permit so transferred. • L. Any user who violates the following conditions of his permit or of this Chapter, or of applicable state and federal regulations, is subject to. revocation of permission to .use the sewer system. Violations sub- jecting a, user to possible revocation of his permit include,but are not limited to, the following: 1. Failure to accurately describe the nature of the proposed discharge in the application. 2. Failure of a user to accurately report the. quantity and characteristics of his' wastewater discharge. 3. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics. 4. Refusal of reasonable access to the user's premises for the purpose of inspection and monitoring. 5. Violation of. conditionsof the permit. M. Confidential information. In accordance -with Florida's Public .Records Law, Chapter '199,, Florida Statutes '(1987), and amendments thereto, -information - and data on, a user obtained from reports, question- naires, permit applications,permits and monitoring 2...57 §670.19 DISCHARGE OF WATERS AND WASTES §670.21 INTO CITY SEWER SYSTEM programs and from inspections shall be ay.ailable.to the public or other government .agency without restriction unless. the user, prior to submitting the information, specifically requests and is able to demonstrate to the satisfaction of. the City that. the. release of such information might .divulger information,. processes or .methods of production. entitled to protection as trade secrets ofthe user. When requested by the' person, claiming that.portions of a -report might.disclose trade secrets or secret processes, those portions shall be submitted by the user, on forms and in a..manner acceptable to the City, to the, Environmental Protection Agency pursuant to the confidentiality provisions contained .within 40: C.F.R. Section 403.14. The City will thereafter .request said information_ from the Environmental Protection Agency and therefore _maintain its confidentiality. The information will_thereafter not be made available -.to the public and only be used for. matters related to. this Chapter which may include judicial- .review of enforcement..proceedings by a governmental agency involving the person furnishing the report. Wastewater constituents and -characteristics will not .be recognized as confidential information. [Ord. No. 5-91, §l, 7 May 91] . Sec. 670.21 Industrial/Commercial Wastewater Monitoring and Reporting. A. Any new or existing Significant Industrial User establishment dischargingindustrial or commercial wastes into the sewer system shall construct and main- tain at his expense a suitable control manhole, manholes, or pump station wetwell downstream from any treatment, storage,- or other approved works, to facili- tate observation,, measurement, and sampling of all wastes, including all domestic sewage from the estab- lishment. The control manhole, .manholes, or wetwell shall be constructed at suitable and satisfactory locations either on public or private property and built in a manner approved by the City. If any estab- lishment wishes to meter its waste discharge into the sewer system to:verify end -product, water retention or other uses of metered flow, they may install a metering device as approved by the City. The control manhole shall be accessible to City personnel at all times for sampling. Construction shall be completed within three (3).months following written notification by the City. reTh a 5 5670..21 DISCHARGE OF WATERS AND WASTES §670.21 INTO CITY SEWER SYSTEM B., Where in .the opinion of. the City Manager, in. concert with the City's Consulting Engineer, the potential exists for contamination of ground water surrounding any new. or existing establishment, the.'City_ may require to be installed at the owner's. expense one or'more observation/monitoring wells. The well or wells shall be • constructed at Suitable, 'and-. satisfactory . locations and. installed ih a manner approved by--the- City. The monitorwell or_wells shall be accessible to City personnel' at all times for sampling. C.. All authorized City- employees shall be permit- ted, upon suitable., notice to the user, to' enter upon all properties for the.purposes of inspection, observa- tion, measurement, sampling, and testing and shall have .the authority .to .inspect ..records in accordance with provisions of this Chapter. D. Eve:ry Non -compliant and Significant. Industrial User shall file. a: discharge monitoring report. every three months with.the City. The report shall include a brief description or listing of in -process modifica- tions or .pretreatment -processes which were . employed during the reporting period to reduce'pollutant concen- trations and/or discharge rates. Where the- industry is involved in material processing or manufacturing, the report shall also include production quantities (raw material and/or product) and hours of operation,. both to be' recorded for each day of the report period. Information concerning discharge quantity and rate and the concentration of controlled pollutants shall be included for all Significant Industrial Users. Quar- terly.reporting periods'will end on the last. day of the. months of .March, June, September .and December and must be submitted to: the City within fifteen; (15) days following_those,dates. E. All Significant Industrial Users shall maintain such records of :production quantities, discharge. volumes, discharge rates,, and pollutant amounts . or concentrations as are -necessary to demonstrate_ that their operation and discharge of waste does. not adversely affect .operation of the City's wastewater treatment system. Where: specific. pretreatment requirements and/or discharge limitations have.. been adopted, whether by the federal government, the state, or the City, Significant Industrial Users to which.the' 53 §670.21 DISCHARGE OF WATERS AND WASTES • INTO CITY SEWER SYSTEM §670.21 adopted requirements and/or limitations apply, shall maintain sufficient additional records as are necessary to demonstrate compliance. 1. All such records shall be summarized and included in thequarterly discharge reports to be filed with the City. 2. Such records shall be made available upon request to the designated representative or to offi- cials of the U.S. Environmental Protection Agency. 3. Monitoring equipment required to maintain records of discharge flow and/or pollutant concentra- tions shall- be installed and maintained at the expense of the owner or operator of any applicable premises or facility. discharging industrial waste- water into the system. Points for the measurement and sampling of wastewaters shall be located where readily accessible to City personnel. F. Compliance determinations with. respect to Sec. 670.13' and`Sec. 670.19 shall be .made: on the basis of the inspection, monitoring, sampling and analysis proce- .dures..described as follows: 1. The monitoring of discharge flow rates and volurnes from Significant Industrial Users shall be performed on'a daily basis, that is, continuously for each day of process operation. Flow .monitoring may be,.performed utilizing automatic -flow measuring and recording -equipment of a type approved by the City. Alternately,: an estimate of daily wastewater volume and .flow rates may be made on the basis of water consumption records,,where it will be assumed that the amount of water used. is equivalent to the amount of wastewater -discharged to the system.'Where it is. determined by the- City that a user's discharge may contribute to potential hydraulic-overloading.of the' treatment facility, sufficiently accurate records shall be maintained to determine peak discharge rates on an hourly basis. 2. The City shall obtain and have analyzed, at the user's ,expense, samples of the -wastewater discharged from all Significant Industrial. Users. §670.21 DISCHARGE OF WATERS AND WASTES §670.21 INTO CITY SEWER SYSTEM G. Samples shall be obtained at a minimum frequency of once a month during each quarterly reporting period, on andduringa work day which typically represents the user's activity. The sample shall be a 24-hour compos- ite sample whichwill be representative of the discharge occurring throughout the duration of the work day.: Samples shall be analyzed by a reliable and recog- nized testing ,laboratory using procedures stipulated in "Standard Methods" or other methods acceptable to the U.S. Environmental Protection Agency. H. For all Significant Industrial Users, samples. shall, at a minimum, be analyzed for the following pollutants: Total Suspended Solids Biochemical Oxygen Demand Chemical Oxygen Demand - pH Grease. and Oil Total Kjeldahl:Nitrogen Total: Phosphorous I. Where specific user class pretreatmentrequire- ments and/or discharge limitations have been adopted by. the, federal government, the state or the City., addition- -al analyses shall be performed for any additional pollutants which are to be limited or prohibited. Other typesof analyses may also be specified by the City if considered necessary to demonstrate compliance with the provisions of Sec. 670.13 of this Chapter. J. The results .of sample analyses shall be submit- ted to the City with the quarterly discharge report, together with any pertinent information concerningthe discharge •flow rate :and production quantities and any other internal; factors that may have directly affected pollutant concentrations during the particular days that samples were taken. If required for: compliance determination, the City may direct that additional samples be obtained at the user's expense. Alternately, the City may elect to obtain and have analyzed supple- mental samples at their own expense. [Ord. No. 5-91, Si, 7 May 91] �,5 §670.23 DISCHARGE OF WATERS AND WASTES §670.23 INTO CITY SEWER SYSTEM Sec. 670.23 Special Rates: A. Discharge into the sanitary sewers of certain waters -or wastes is 'prohibited or limited under the provisions of Sec. 670..13 and. 670.19 of this Chapter. A surcharge'shall be imposed upon customers discharging abnormal strength wastes. The term "abnormal strength wastes" as used herein. shall refer. to the degree of concentration of permissible waste material per unit volume of. sewage discharge by the customer. • 1. Abnormally high -strength- waste shall be waste containing any of the following:. a BOD above, two hundred fifty (250) mg/1, suspended solids above two hundred'fifty (250) mg/1, a COD above four hundred (400) mg/1, .Total Kjeldahl Nitrogen above thirty (30) mg/1, Total Phosphorous (As P) greater than ten (10) mg/1.. B. Surcharge for high -strength wastes. 1.. A surcharge will be imposed where the wastes from any lot or parcel of land upon which there is located any institutional, commercial, or industrial plant building or premises containing an abnormally high BOD, suspended solids concentration, COD, Total Kjeldahl Nitrogen, . or Total Phosphorous concentra- tion as, defined in Sec. 670.23(a) 2. Computation: Said.surcharge shall be computed by the City, using the following "tiered rate schedule": $100 for each parameter violation on the first day, progressing numerically upward each day by $10.0 increments, to a maximum of $1,000 per day for each parameter violation. 3.. On the eleventh day, the wastewater services shall be terminated. 4. Any user of the sewage system identified as having high strength waste shall be in noncompliance with this Chapter and be subject to •the surcharges contained within this Section. A determination for harm to the PO.TW shall be made by the City's consult- ing engineerLto determine whether to issue a compli- §670.23 DISCHARGE OF.WATERS AND WASTES §670.25 (INTO CITY SEWER SYSTEM - ance schedule or to terminate the -wastewater services. 5. Nothing in Sec. 670.23 of -this Chapter shall restrict the City. of Cape Canaveral, Florida, from making additional adjustments in rates if it is,.felt by the Public Works Director , or his authorized agent, that the nature of the quantity. - of, this waste creates an. additional burden on the system. [Ord. No. 5-91, §1, 7 May 91] Sec. 670.25- Power and Authority of Inspectors.• A. .As a condition of connection, the. user shall permit the designated officers' of. the .City- bearing proper credentials. and 'identification to enter all properties for the -.purposes- of inspection,. observation, measurement, sampling, and testing in accordance•wi-th the provisions of this Chapter. The City official or his representative shall have no- authority to inquire into- any processes including metallurgical, chemical, oil, -refining,-: ceramic, -paper or other industries _beyond that. point. having. -a direct. bearing on the -kind and source- of. discharge to the sewers.or water -ways or facilities.for waste -treatment. B.- While performing the necessary work on private properties .referred to in Sec. 670.27(a) above, duly authorized employees'. of the City. -shall observe all safety -rules applicable to the -premises established by the company and the- company shall -be held harmless for injury or death to the City employees and the City shall indemnify the company against loss of damage to its property by City employees ---and against' liability claims and demand- for personal ,injury or property damage -asserted against the company and growing out of the gauging.and:sampling operation,' except as such may be caused by negligence, or failure of the company to maintain safe conditions. C. The'duly authorized employees of the -,City bear- ing propercredentials and identification shall be permitted- to enter all private properties through which the -City holds a duly negotiated easement for the pur- poses of, but not limited to, inspection,. observation; measurement, sampling, .repair and maintenance of any §670.25 DISCHARGE OF WATERS AND WASTES §670.29 INTO CITY SEWER SYSTEM portion of the sewage works lying within. said easement. All entry and subsequent work, if any, on said easement shall be done .in full accordance with the terms of the duly negotiated. easement pertaining to the private prop- erty involved. [Ord. No. 5-91, §1, 7 May 91'] Sec. 670..2,7 Right of Refusal. The City reserves the right to terminate any agreement and to refuse waste from any lot .or parcel of land upon which there is located any building or activity which does not comply with this Chapter, supply -proper -metering of its. waste,. or is not within its designated service area. The City .reserves,. the right to immediately halt any discharge that is an' imminent danger to the system or users of the. system. and seek injunctive_relief. No. 5-91, §1, 7 May.91] Sec., 67(1.29.. Right to Terminate Service in Emergency Situations. A. The City .Manager may suspend the .rightof .a -user to use the system, .for. a: period not to exceed thirty (30) days;• whenever, in' the opinion of. the City. Manager, such suspension is necessary in order to stop a user's actual or. 'threatened discharge which reasonably appears to present or cause an imminent. or substantial. threat to the health, safety, or welfare of :the citizens of . the City, users. of the system, operation of the system, or endangers the environment. Notice of, suspension of such service may be made by all or any of '.the following methods: a meeting between the City Manager, or . his designee, and the user; a telephone -call -from 'the City Manager, or his designee, to the user; or'by a -notice served personally or by certified mail, return receipt requested, to the user. B. Any user notified of suspension of service -as provided in Section,670.29(a), shall immediately stop .or eliminate- its _contribution to, and use of, the .system. Should the user fail or refuse to immediately comply with the suspension order, the City Manager,may take such steps as he deems necessary to halt such con- .tribution, including, but not limited to, severing the user's .connection. The user will be allowed to recom- mence its use of the system when it has demonstrated to the, reasonable satisfaction .of the City Manager: that its contribution no longer constitutes. an imminent or §670.29 -DISCHARGE-OF WATERS AND WASTES INTO CITY SEWER SYSTEM § 670.31 substantial .threat to the health, safety or welfare of the citizens of .the City, users of the • system, operation of the system, or endangers the environment. As a condition of being permitted to recommence use of the system,'the user shall 'submit to the City Manager a detailed'statement describing the harmful contribution and the measures taken to- prevent future occurrence. [Ord. No.-5-91, §1, 7 May 91] Sec.. 670.31 Administrative Enforcement Procedures. A. Except for emergency situations as described in Section 670;29, whenever the City Manager determines that a user has violated oris violating this Chapter, the City Managershall serve a written Notice of Viola- tion upon the user. Notice shall be eitherserved personally on the user or by certified mail, return receipt requested, and shall bedeemed served when either personallydelivered to the user or deposited in the United States mail. Within ten (10) days of .receipt of the Notice of Violation, .the user shall submit a detailed statement describing the harmful contribution and the -measure-Si taken to; prevent future occurrences. This plan does not relieve the user of liability for any violation occurring before or after receipt of the. Notice of Violation. . • B.. If the City -Manager is satisfied that -the user has brought its use of the system.into compliance with this Chapter, then -he may enter into a Consent Order with the user detailing the specific action to be taken. to correct- the- noncompliance, and setting forth any charges for damages to the .system .to be reimbursed the City. All administrative fines assessed .against the City, on account -of the user's noncompliance- shall be part of .the Consent Order, and shall be reimbursecL to the City -by: the user. The Consent Order shall have the same .effect as administrative orders and may.be judicially enforced as provided, in Section 670.35. C. If the violation continuesbeyond the time period set forth in .the Notice of Violation, and no Consent Order is entered into, .then the City Manager shall serve notice upon the user requiring the user to show cause before the City. Council why serviceshould not be terminated. Notice of the hearingshall be served onthe user specifying the time and place for §670.31 -DISCHARGE OF WATERS AND WASTES §670.33 INTO CITY SEWER SYSTEM the meeting, proposed enforcement action, reasons for their actions, and a request that the user show cause why' this proposed .enforcement action should not be taken.. Notice of.the hearing shall be served personally upon the user .or by certified mail, return receipt requested, and .shall -be deemed served when either per- sonally delivered to the user or deposited in the United States mail. The Notice of the hearing shall be at least ten (10) days prior to the hearing. .D. At the show cause hearings as provided for in Section 670.31(c),.- all. testimony shall be under oath and be recorded. Testimony shall be taken from the City Manager or his designee and the user. Formal rules of evidence.'shall not apply, but. fundamental due process shall be.observedand shall govern. the proceedings. The City Council may take immediate enforcement action as provided herein whether or not the user appears at the show cause hearing. E. At the conclusion. of the hearing, the City Council shall issue findings of fact, based on the evidence of record and conclusions of law, and shall issue an order affording the -proper relief consistent with the powers granted herein. 'The -findings shall be by.motion approved by a majority of those members .pres- ent and voting, except at least three members of the -City Council must vote. affirmatively in order. for the motion to pass. The:order may include a notice that it must be complied with by a specified date, and that a -fine may be imposed. if the order is not complied with by said date., A certified copy of the order may be recorded in the public records of Brevard County, and shall constitute notice to any subsequent. purchasers, successors in interest, or assigns -of the user. F. The_.user may.appeal an order of the City Council to the Circuit Court of.Brevar.d County, Florida. Such appeal will not be a hearing.de .novo, but shall- be limited to appellate review of the record created before the City Council. An appeal shall be filed with- in thirty.(30) days of. the City Council's order. [Ord. No..5-91, §1, 7 May 91] Seca 670.33 Administrative Penalties. A. Upon notification by the City Manager or his Tl ass: §670.33. -DISCHARGE OF WATERS AND WASTES §670.33 'INTO CITY SEWER SYSTEM -designee that the order of. the City Council has not been complied .with. by the time set, or, upon finding that a repeat. violation has been committed, the City Council may order the violator to pay a fine in. an amount specified herein for each day the violation continues ..past ,the date set by the City.Council for .compliance. . or,_ in the. case"of •a repeat • .violation,. for each day the repeat •violation continues past the' date of notice to the violator of the repeat violation. If a finding' of violation or •a repeat violation has been made as. provided herein,' a.hearing-shall" not be neces- sary for issuance of the -order imposing the fine. B. A fine imposed. pursuant to, this section shall not, exceed. $250..00 ...'per day for -a first violationand shall. not exceed $500.00 per day for -a repeat viola- tion. In determining, the amount of the- fine, if, any, . the City Council shall consider the following factors 1. The gravity of the violation.;_. 2. Any action taken .by the violator to correct the action; or: 3. Any previous violations •committed by the violator.. 'In addition to the amounts of the fine set forth .herein, the fine may also include the amount, if any; which local, state, or federal. of.ficiala.fine the City due to the violation committed by" the violator, plus. the -post --of repairing the damage, if any, caused by the violator to the, system. The violator may.be.fined these additional amounts' whether or not'he comes into compli- .ance with the City..Council's order within. the time •set. therein. .C.. .. The 'City .Council' may. reduce a fine -imposed -pursu- ant to this .section. D. A certified- copy .of the City Council's order :imposing a fine. may- be recorded in the public records. of Brevard County, Florida, as provided. for .code enforcement board Horders in Section 162.09(3), Florida Statutes, and shall have the same. legal effect as a .Code Enforcement Board order. §670..33 DISCHARGE OF WATERS AND WASTES, §670.37 INTO CITY SEWER SYSTEM E. No lien as provided hereundershall continuefor a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless withinthat time an action to fore- close on the lien is commenced in a court of competent jurisdiction.- In an action to foreclose on . a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the; action shall not be good against creditor or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendence is recorded. [Ord. No. 5-91, §1, 7 May 91] Sec.. 670.35 Judicial Remedies. A. In_ addition to the administrative and: the other remedies as provided herein, whenever .a user has vio- lated orcontinues to violate theprovision of this Chapter, the City Manager or City Councilmay direct the City's-.Attorney to petition the Brevard. County Circuit Court for the. issuance ,of a temporary- or permanent- injunction restraining or compelling the performanceof a particular act, including, but not limited to, Compliance Orders. The Circuit :Court 'shall grant an', injunction without requiring a showing. of a lack of. adequate ,remedy at law. In the event of any litigation hereunder, the City shallbe entitled to an award of reasonable attorney's fees and court. costs B. In addition to the administrative penalties as provided herein, each violation of this Chapter shall be a misdemeanor of the second degree punishable by a fine up to. $500..00and a term of imprisonment not to exceed sixty, (60) days. Each day any violation of this Chapter continues shall.: constitute a separate offense. [Ord: No.. 5-91, Si, 7 May 91] Sec. 670.37 Publication of Significant Violation. A. The City ishall annually publish, in a newspaper of general: circulation in the City, a list of the .indus- trial users which,.during the previous 12 months, were in significant noncompliance with applicable pretreat- ment standards and requirements. The term significant noncompliance shall mean:. §670.37 DISCHARGE OF WATERS AND WASTES §670.37 INTO CITY SEWER SYSTEM 1...Sixty-six percent (66%) or more of wastewater measurements taken during six (6) month period exceed the discharge limits for the same pollutant parameter by any amount; 2. Thirty-three percent (33%) or more of waste- water measurements :taken during a six (6) month period equals or exceedsthe product ofthe daily. maximum limits or the average limits multiplied by the applicable criteria established by federal guidelines; 3. Any other discharge violation that the City believes has caused, alone or in combination; with other '.discharges, interference or pass ..through (including endangering the health of City personnel, or the general: public); 4. Any discharge of pollutants that has caused imminent endangerment. to the public or tothe environment, or has resulted in the City's exercise. of its emergency authority to halt or prevent such a discharge; 5. Failure to meet, within ninety (90) days of the scheduled date, a compliance- schedule milestone contained in a permit or enforcement order for start- ing construction,completing construction or attaining final compliance; 6.. Failure to provide, within thirty (30) days after the due date, any requiredreports, including baseline monitoring reports, ninety (90) day compli- ance reports, periodic self monitoring reports,and reports oncompliance with compliance. schedules; 7. Failure to report noncompliance; or 8. Any other violation(s) which the City has reason to believe is significant. [Ord. No. 5-91, . S1, 7- May 91] § 671.01 SEWER SERVICE CHAPTER 671 SEWER SERVICE § 671.02 -Sec. 671.01 Connections with Sewer Required. The owner. of each lot or parcel of land within the City of Cape Canaveral upon which lot or parcel- of land any, building or trailer used as'a dwelling, is -now situated or shall hereafter be situated_, for either residential, commercial or industrial use, shall connect or cause such building or trailer to be connected with the public sewer facilities of the municipal sewer system of.the City of Cape Canaveral and use- such facilities, within. sixty (6.0) days following notification so to do by the City. All such connections shall be made in accordance with .rules and regulations which shall be - adopted from time to time by the City Council of, said City, -which rules and regulations shall provide for an inspection fee for :inspecting such connections in such. reasonable amount as the Council may- fix and determine. [Ord. No. 6-66, § 1-, 15 Feb..66] ; [Ord. No. 15-90, § 1, 3-Apr 90] Sec.--..671.027 Late Connection Penalty. In the event the owner :of a lot 'or parcel of land does connect such building now situated or hereafter to. be situated, used fora .either residential, commercial or industrial purpose, -or trailer used as a dwelling,.to and with the municipal sewer system within _the said sixty (60). day period .of. time, the City shall make no hook-up or connection charge; provided:, however, if such connec- tion is not'made within the said sixty (60) day period, a charge in the amount of seventy-five dollars ($75.00) shall be assessed against such owner- by the City as a ..penalty for failure to comply with the.provisions of this ,Chapter within the said. sixty (60) day period. of time; provided further that where sewer lines are installed. by subdivision, such hook-up penalty. shall not apply. In addition, and as an alternative means of collecting_ such .late connection penalty; the .City shall have a lien on,such lot or -parcel of land for which such lien shall ;be equal dignity with the lien of .state and :county and municipal taxes. Such lien may be fore-. closed_by the City in the same -manner provided by.the laws of Florida. for the, foreclosure of mortgages upon real estate. [Ord.. No. 6-66, § 2, 15 Feb'66] CHAPTER REVISED 3 APR 90' 4 671.03 .. SEWER.,,SERVICE 671.05 Sec. 671.03 Rates. Any user of the services of the sewer system shall pay 'therefore a monthly charge or rate -as established by the City. Council. The schedule of 'fees is subject to revision annually as may be neces- sary to keep the rates commensurate with changes in the cost, of living as reflected by. the Consumer Price• ' Index, or due to any regulatory or environmental factors which incr4ase the costs of sewage treatment. All revisions shaIT'be. done by Resolution and shall become effective as of May 1 of each year, commencing with May 1, 1989. The' -basis of such rate increase shall be the "Consumer Price Index" U.S. • City Average "all •items" (1967=100), hereinafter called the Index, published by the Bureau of Labor Statistics of the United States Department of Labor. The Index number for the month of February, 1989 shall be the "Base Index Number" and the corresponding index number for the month of February in each succeeding year shall be the current index number. Beginning May 1, 1989 and • each year thereafter, the sewer rate shall be deter- mined by dividing the Current Index Number (CIN) by the Base Index Number (BIN), in accordance with the following formula, dropping all digits after one hundredth: New rate charge = (CIN) x the current sewer rate. • It is the intent of this Chapter that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with Ithe type of structure actually. built. [Ord.- No. 6-66, § 3, 15 Feb 66; Ord. No. 12-72, 1, 3 Oct 72; Ord. No. 6-77, § 3, 3 May 77; Ord. No, 14-79, 1, 4 Sep 1979; Ord. No. 17-79, § 1, 2 Oct 79; Ord. No. • 22-81, 3, 17 Nov 81;, Ord. No. 32-85, § 1., 18 Jun 85; Ord. No. 2-89, § 1, 7 Feb 89] Sec. 671.04 Unlawful Connection. No person shall be allowed •to connect into any sewer line owned by the • City without a permit issued by the City and then the • connection with such line- shall be made only under the • direction and supervision of the City. [Ord. No. 6-66, 4, 15 Feb 66] Sec. 671.05 Unlawful Construction. No person, igroup of persons, firm or corporation shall build or cause to be built any structure used for human habitation or CHAPTER REVISED. 3:APR 90 §•671.05 SEWER SERVICE § 671.09 occupancy within;. the City of -Cape Canaveral unless it is connected to!the sewer system of the City. of Cape . Canaveral. [Ord'. No. 6-66, § 5, 15" Feb 66; Ord. No.. 15-90, §..•2, 3- Apr 90].. Sec. 671.06 Connecting Old Plumbing. Whenever it is desirable. to- connect old exterior plumbing with the City sewer main, the owner or plumber contemplating doing such work shall notify the City Building Official who will inspect said old exterior plumbing and notify the owner or plumber whatalterations will be necessary to place said old exterior plumbing in an acceptable condition for such connection. [Ord. -No. 6-66, § 6, 15 Feb 66] Sec...671.07 Sanitary Requirements. Every residence and building in which human beings reside,. are employed or_congregated, shall be required to have a sanitary method of disposing of human excrement', namely a sani- tary water closet that is connected .to the sewer system of the City. of Cape Canaveral or a City approved septic tank in 'place and functioning " as . of 'April 3,- 1990.. .:(Ord. No. 6-66, § 7, 15 Feb 66; Ord. No. 15-90 § 3, 3. Apr 90] Sec. 671.08 Disposal 'Requirements. It shall be unlawful for any person, persons, firm or: corporation owning .or leasing.. any premises..in the City to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corpora- tion, or the agent ofany such person, firm ,or ,corporation, except .in a 'sanitary water closet where sewage lines are available as defined above. [Ord. No. 6-66, §-8, 15 Feb 66] Sec. 671.09 Septic Tank. "No new septic tanks shall be permitted to be installed in the City of .Cape . Canaveral- after April 3,, 1990. Notwithstanding any -other-portion of this paragraph, whenever a sewer main line is emplaced within one hundred fifty (150) feet of a property which." -has structures. on' it which. utilize septic tanks, those. structures shall be required to disconnect from; the septic tanks and connect to the sewer system. [Ord. No. 6-66, § 9, 15 Feb '66; Ord. No. 15-90, § 4, 3 Apr '90] . CHAPTER REVISED, 13 APR- 90 § 671.10 SEWER SERVICE § 671.11 Sec. 671.10 Maintenance of Plumbing System. The owner of -the property shall be responsible for .main- taining and keeping clean the sewer pipes leading and connecting from the :plumbing system to the City main. [Ord. No. 6-66, § 10, 15 Feb 66] Sec. 671.11 Payment of Fees and Bills Required. A.. Bills for the monthly charges and fees herein- after mentioned shall -be submitted and shall be payable within thirty days. from the billing date. If such monthly bill shall be and remain unpaid, on and after the 30 day grace period, water and. sewer service shall be subject to cut-off. If such monthly bill is not paid in full by the thirtieth day following that for which a billing has been rendered, then an.amount equal to. ten percent (10%) of.such bill'due shall be added thereto as.a late charge. Upon failure of any user to pay within sixty days from being billed, the City shall cutoff or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system' further service. until all obligations owed by him to the City on account of the services shall have been paid in full. If such sewer service is. shut off as aforesaid, then before such service shall be restored;. the user thereof shall pay a reinstatement fee in the amount of .$75.00 in addition to any other charges,. late charges, or penalties due. The City shall also. have a lien on any- parcel or property effected by any unpaid balance of the foregoing chapter. Such lien shall be superior and paramount to the interest. on such parcel or property of any owner, - lessee, tenant, mortgagee, or other person except the lien of county taxes, and shall be on a parity with the lien of any such county taxes. In the event that any such service shall not be paid as and when due and shall be in default for thirty days or.more,.the unpaid balance thereof. and all interest accrued thereon, together with attorney's fees and. costs, may be recovered by the'Ci-ty in a civil action and any such lien and accrued interest may be foreclosed or other- wise enforced by,,the City by action or suit in equity as for the foreclosure of a mortgage under the property. B. In the event that the fees in the preceding sub- section shall not be paid as when due, any unpaid balance thereof; and all interest accruing thereon, shall be a lien on any parcel or property effected CHAPTER REVISED 3 APR 90 § 671.11 SEWER SERVICE § 671.13 thereby. 'Such lien shall be superior and paramount to the interest on such parcel or propertyof any owner,. lessee, tenant, mortgagee or other person except the lien of county taxes, and shall be on a parity with the lien. of any such county taxes. Failure, of users to pay for feeswithin thirty days of the billing dateshall bea violation of this Chapter. In: addition, the City shall -have: the right to seek enforcement and collection of, the overdue fee through civil proceedings in a court of competent, jurisdiction, including a reasonable attorney's fee, and: ,.costs, and . any such lien and. accrued interest may be foreclosed or otherwise enforced by the municipality by action or suit in equity as for the foreclosure of a mortgage on real property. [Ord: No. 6-66,, § 11, 15 Feb 66; " Ord. No. 18-84, § 1, 2Oct 84 Ord. No. 25-86, § 1,.16 Sep 86] Sec. 671.12- Collection of Sewer Fees Where Owner has Private Water Supply; Deposit. Required; Plugging of Line by City Charge for Plugging. In those.. instances wherethe ownerhas his own private water supply, and such owner• becomes more than ten (10) 'days delinquent in the. payment of his monthly sewagedisposal fee after- billing,' : the City shall have .; the _: right :to plug the sewer : line ::.Leading : to the owner's ` plumbing system, and. the owner shall have no right to reconnect this line or remove the plug until sewage disposal fees shallhave been paid ' in full, together with a charge : of $25.00 as hereinafter mentioned.... Such penalty :..of'=$25,00 shallbe imposed .'and:.: be added:. to any delinquent bill where the sewer line has been plugged for nonpayment.: In those. instances where the owner has his own private Water supply, the Cityshall require a deposit in the amount of..$11.25.;for . residential sewage disposalservice and in a sufficient amount as prescribed by the City from Commercial and Industrial accounts to cover . -a three (3) month, service period providing, however, that no';such deposit shall exceed One Hundred Dollars '($100)..`Recon- necting the sewer service or removing the plug in the sewer line until` such sewage, disposal fees are paid in, full, together ,,with said charge of $25.. 'shall' be considered a~violation of this section. [Ord.- No.. 6- 66, § 12,.15 Feb+66 Ord. No. 6-66B, 20 Sep 66] Sec..- 671.13'. Failure to Maintain Plumbing.. System. Failure to keep .'the., sewer pipe, i.e., the pipe . leading -: from the plumbing system to the City main, clean and maintained in, al proper manner will give, the City the CHAPTER REVISED 3"APR 90' §.671.13 SEWER SERVICE § 671.17 right to cut off or cause to be cut off the water con- nection,. which shall not be reconnected until the sewer pipe is cleaned -and maintained. properly. In those instances. where the owner has his own private water supply, the City shall have the right to plug the sewer line leading to and connecting with the .plumbing system, and the owner shall have no right to unplug the sewer line until :the sewer pipe leading from the plumbing system to the City main has. been -maintained and cleaned and'in proper condition. Unplugging ,the sewer line or reconnecting._ the water supply, from the Cocoa water main, until such sewer pipes are cleaned and maintained properly, shall be considered a viola- tion of this section.' [Ord. No. 6-66, § 13, 15 Feb 66] Sec. 671.14 No Free Service. No sewage disposal. service shall. be. furnished or, rendered free of charge to any person, firm or corporation whatsoever, and the City and. each and every agency, department or instru- mentality which uses such service shall pay therefor at. the rates fixed by this Chapter. .[Ord. No. 6-66, § 14, 15 Feb 66] Sec. 671.15 Separate Connections for Each Separate Building. . Each residential buildingwhether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be considered a separate unit for the payment of the sewage disposal fees and separate connections will be required for each such building. [Ord. No. 6-66, § 15,. 15 Feb 66] Sec. 671.16. Exceptions to Connections. This Chapter shall not be construed to require or entitle any person to cross the private property of another to make any sewer connection. However, if any inability to cross the private property of another is a subter- fuge or connivance caused by conveyance subsequent to this Chapter, such grantor shall not beexempt from the provisions of the Chapter. [Ord. No. 6-66, § 16, 15 Feb 66] Sec. 671.17 Time Extension. Those owners of each lot or parcel of land located within the confines of Systems 1, 2, 3 and 4 of the City Sanitary Sewer System within the City ,of Cape. Canaveral, upon which lot or CHAPTER REVISED 3 APR 90 7.5 SEWER SERVICE § 671.19. parcel of land any building, or trailer used as a dwelling, is now situated or •shall hereafter be situated, for either residential, :commercial or industrial use,.' that have previously. been notified ; by the City to connect to the .City's.Sanitary Sewer System by a certain date are hereby granted to andincluding. the day of• March 31, _ 1967, within `°which .' to connect to. the .City Sanitary Sewer". System the provisions of Section' 1 of Ordinance :No 6-66 to thecontrary notwith- standing; providing, however, nothing contained herein shall relieve said;. owners from their obligation to use the sanitary :sewer system facilities and shall not affect the City's right . to begin billing . and charges of the said owners previously notified for the use- _ of the said system as required by the City's sanitary revenue certificates.:':. [Ord: No. 2-67 (6-66E), § 1, 21. Feb 67] Sec....671.18 Time Extension.:. Those owners of each lot ; or parcel of ; land within the City . of _ : Cape. Canaveral, upon which lot or parcel of land any building, ,; or .< trailer .: used as :a dwelling, as now situated, or. shall: hereafter be situated, for either residential, commercial or industrial use, ;:that' ''have .; previously been notified by letter dated September .2, 1966, by the City . to ' connect to the City's sanitary sewer system by, 'a certain date are hereby granted ,an. additional ninety . (90) -: dayswithin'.. which to connectto the City sanitary sewer system, the provisions of Section 1 of Ordinance No. 6-66 to the contrary notwith standing, providing, however, nothing contained herein shall relieve said . owners from their obligation to ,use the sanitary sewer system facilities :`andshall not affect the City',s. right to .'begin billing and . charges .:of the.. said•" owners previously notified`. on September.. 2, 1966, . for theuse of the said system as required by the .: City's sanitary revenue certificates. [Ord. No._ 6-66C, § 2, 10 ` Sep 66] Sec.. 671..19 Penalty. Any:: person, firm. or :corpor- ation violating: any, of the provisions of this Chapter shall be punished as provided in §801..02. Any failure... or refusalby an :ownerto connect to the City sewer system afternotification to do so, as hereinabove provided, or any failure orrefusal to pay the charges or rates hereinabove provided, shall be construed to be a violation of this Chapter. Each day such violation, continues shall be considered a separate offense and CHAPTER REVISED' 3` APR 90 § 671.19 SEWER SERVICE § 671.20 subject to the penalties prescribed herein. [Ord.. No. 6-66, § 17, 15 Feb 66] Sec. 671.20 Severability. If any provision of this chapter or the application thereof to any 'person or circumstance is. held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given'_effect. without the invalid provision or application and to -this end .the provisions of this chapter are declared severable.. [Ord.. No. 25-86, § 2, 16 Sep. 86] CHAPTER REVISED 3 APR 90 § 673.01 GARBAGE & TRASH REMOVAL CHAPTER 673 GARBAGE & TRASH REMOVAL § 673.01 Sec. 673.01 Definitions. For the purpose of this Chapter, the following words and terms shall have the following meanings: A. Approved Container shall mean industrial contain- ers as defined herein, and trash cans provided by customer and acceptable to the City. B. Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities. C. Business shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. D. Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yards capacity or greater. E. Containerized Business shall mean and include any business, multi -family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. F. Duplex shall mean and include a detached two- family dwelling designed or intended for occupancy by two (2) families. G. Garbage shall mean and include all waste and accumulati— on of animal, fruit or vegetable matter that attends, or results from the preparation, use, hand- ling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrefication, and the gener- ation of noxious and offensive gasses or odors, or which may serve as breeding or feeding materials for flies and/or other germ carrying insects. H. Hazardous Materials shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. § 673.01 GARBAGE & TRASH REMOVAL § 673.01 I. Horticultural Trash shall mean accumulation of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length and thirty (30) inches in diameter, bushes or shrubs, green leaf cuttings, coconuts, fruits or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or noncombustible materials notsusceptible to normal loading. J. Individual Containers shall mean an individual twenty (.20) or thirty (30) gallon container provided by the resident for temporary storage of refuse. K. Industrial shall mean establishments generating waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, t-ires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises. L. Industrial Container shall mean a two (2) cubic yard or larger container which can be emptied by mechan- ical means. M. Multi -Family Dwelling shall mean and include any building or structure containing four(4) or more contiguous living units and intended exclusively for residential use by single persons or families. N. Non -Containerized Business shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. 0. Refuse shall mean a combination of garbage, horticultural trash and small pieces of materials which are containerized for routine pickup. P. Single -Family Residence shall mean and include a detached single-family dwelling designed or intended for occupancy by one (1) person or by one (1) family. Q. Special Material shall mean those bulky mate- rials or otherspecial wastes that are not stored in approved containers and are not routinely generated in residential areas. § 673.01 GARBAGE & TRASH REMOVAL S 673.02 R. Trailer Parks shall mean and include any group of two (2) or more trailer lots operated as a commer- cial business to provide parking for mobile homes as living units. S. Trash shall mean a combination of large horti- culturash and material which by the nature of its size cannot be containerized. T. Triplex shall mean and include a detached three (3) familT y dwelling designed or intended for occupancy by three (3) families. (Ord. No. 9-78, § 1, 16 May 78) Sec. 673.02 Garbage Receptacles to be Provided. A. All owners, residents and all occupants of any residential unit and the owner, user, manager or occu- pants of any multiple dwelling unit, or of any place or business or commercial establishment with the City of Cape Canaveral are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage. Sunken garbage receptacles are specifically prohibited. No loose garbage shall be placed in containers or receptacles; all garbage shall be wrapped or inserted in a plastic or paper bag before being placed in garbage receptacles or containers. B. In lieu of individual garbage receptacles, an industrial container or containers may be used. Said container shall be provided by the collector and the City Manager shall first determine whether or not an industrial container shall be provided to any owner, user, manager or occupant so requesting an industrial container. Multiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establishments, establishments other than professional offices or other offices, shall be required to have mechanical containers at the discre- tion of the City Manager. Single family residences, duplexes and triplexes shall not be permitted to use industrial containers. C. It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial § 673.02 GARBAGE & TRASH REMOVAL § 673.03 container or containers adequate and sufficient in size to comply with lithe terms of this Chapter. All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of refuse or to deposit refuse therein. It shall be unlawful for any person to deposit refuse in such amount in the receptacle or receptacles or industrial containers that will not permit the cover thereof to be kept tightly in place. [Ord. No. 9-78, § 2, 16 May 78; Ord. No. 13-85, § 1, 5 Mar 85; Ord. No. 33-87, § 1, 1 Dec 87] Sec. 673.03 Residential Garbage, Refuse, and Trash Pickup Conditions. A. Residential Garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weigh more than forty (40) lbs. No collection of garbage will be made by the Col- lector within any fenced -in yard, .closed enclosure, or where the collector would be exposed to a potentially vicious animal. It shall be the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced -in yards or enclosed areas to place the garbage recepta- cles inan area which is easily accessible to the collector on collection days. B. Residential Trash or Rubbish Collections. Horti- cultural trash, household trash and rubbish collections will be made at the front property, line adjacent to the street. Accumulations of grass, leaves, greenleaf cuttings, fruits and similar loose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall be required to pick up no more than one large piece of furniture or appli- ance per residential dwelling unit at any regular pickup. Accumulations in excess of this requirement shall be collected as otherwise provided in this Chapter. C. Location of Garbage Receptacles. Garbage recep- tacles shall not be located in such places or under such conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neigh- boring property, not in the ownership or tenancy of the person by whom; the garbage was accumulated, whether § 673.03 GARBAGE & TRASH REMOVAL 673.06 such neighboring property be vacant or improved, without the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall be placed on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industrial container or garbage recepta- cle on any City right-of-way, in writing. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. D. Obstruction. It shall be unlawful for any person to park a motor vehicle in such a way that the collector cannot service industrial containers or other- wise block access to such containers. E. It shall be unlawful for a person to place refuse in a container assigned to another address, without written permission of the Owner. [Ord. No. 9- 78, § 3, 16 May 78] Sec. 673.04 Burning or Burying of Garbage and Horti- cultural Trash, Household Trash and Rubbish. It shall be unlawful for any person to bury garbage, horticul- tural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the city. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approval has first been obtained from the City Manager. [Ord. No. 9-78, § 4, 16 May 78] Sec. 673.05 Proper Disposal of Garbage and Refuse as a Prerequisite to Collection. No removal or collec- tion of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse is deposited in a proper receptacle as herein defined, as the owner or occupant or person responsible for using said premises shall be prosecuted for non-compliance. [Ord. No. 9-78, § 5, 16 May 78] Sec. 673.06 Unlawful Accumulation. It shall further be unlawful and a violation of this Chapter for the owner and/or occupant or manager or person respon- sible for any, land or premises to permit, suffer, § 673.06 GARBAGE & TRASH REMOVAL 673.08 allow, either by commission or omission any accumula- tion of garbage; horticultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arranged for disposal of said accumulation by the Collector to perform such services and it shall be unlawful and a violation of this Chapter for any person, whether owner, manager or occupant of any premises to fail to provide a sufficient number of containers or recepta- cles per unit as provided herein, to amply provide for any four (4) dayperiod of garbage, horticultural trash, household trash or rubbish. Nothing herein contained shall prevent the owner or occupant, manager or person responsible for said premises to remove accumulations or horticultural trash, household trash or rubbish or industrial waste, himself, to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector, the rate charged by the collector shall be negotiated and shall be paid in advance as may be required by the Collector. [Ord. No. 9-78, § 6, 16 May 78] Sec. 673.07 Unlawful Disposal. It shall be unlawful to deposit or dispose of garbage, horticult- ural trash, household trash, rubbish or industrial waste upon the premises of another, or upon any street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, sandbed, pool, pond or the'like within the City or in the recep- tacle of another, except that tenants of multiple, dwellings or businesses, where authorized, may deposit such accumulations in receptacles upon which the owner or manager of said multiple dwelling, apartment or business building has authorized for the use of the tenants by the owner or manager thereof. [Ord. No. 9- 78, § 7, 16 May 78] Sec. 673.08 Transfer of Garbage or Trash Over Public Streets. Unless a person shall have been specif- ically authorized and licensed by resolution of the governing body to do so, it shall be unlawful for any person to transport garbage, horticultural trash, house- hold trash, rubbish or industrial through or over the public streets or alleys of the City, except as otherwise provided in Section 673.06 hereof. This provision shall; be literally construed to protect the public health, safety and general welfare. [Ord. No. 9-78, § 8, 16 May 78] § 673.09 GARBAGE & TRASH REMOVAL § 673.11 Sec. 673.09 'Complaint Procedure. The Collector is obligated to promptly respond to all complaints concern- ing the quality or absence of collection service. All complaints with regard to refuse and trash collection service directed by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. [Ord. No. 9-78, § 9, 16 May 78] Sec. 673.095 Garbage to be Property of City. Owner- ship of garbage and trash set out for collection shall be vested in the City. It shall be unlawful for any person other than the authorized collection agency to disturb, scatter, spread about, or remove any garbage and trash set out for collection. Law enforcement agencies and their personnel when within the scope of their employment are exempt from the provisions of this Section. [Ord. No. 16-89, § 1 & 2, 17 Oct 89] Sec. 673.10 Penalties. Any person who fails to comply with this Chapter or who violates the same, or who creates or maintains garbage, horticultural trash, household trashor rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be punished by a fine not to exceed S250.00 or imprisonment not to exceed ten (10) days, or by both such fine and imprison- ment. [Ord. No. 9-78, § 10, 16 May 78] Sec. 673.11 Schedule of Fees. A. Owner of any residence or commercial building within the City of Cape Canaveral, Florida, shall pay fees as established by the City Council. The schedule of fees is subject to revision from time to time as may be necessary. All revisions shall be done by Resolu- tion. B. Failure of users to pay fees within thirty (30) days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent juris- diction, including a reasonable attorney's fee and costs, if such civil action is necessary. C. All fees; becoming due and payable on or after the effective date of this Chapter shall constitute and § 673.11 GARBAGE & TRASH REMOVAL § 673.13 are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and until fully paid and discharged, shall remain liens equal in dignity with the City's ad valorem taxes, and superior in rank and dignity to all liens, encum- brances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty equal to ten percent (10%) of such fees due and penalty shall be added thereto as a late charge. Unpaid delinquent service charges, together with all penalties imposed thereon shall remain and constitute special assessment liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be .enforced by any of the methods provided in Chapter 86, Florida Statutes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173 Florida Statutes, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. D. In addition to the collection procedure and fore- closure procedure established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service to the owner of any residence, commercial buildings or establishment who fail to pay the monthly garbage charge as provided for in this subsection. E. Each condominium association within the City of Cape Canaveral will be responsible for the monthly condominium garbage fee provided herein. (Ord. No. 9- 78, § 11, 16 May 78; Ord. No. 21-84, § 1, 2 Oct 84] Sec. 673.12 Authority of City to Collect. Nothing contained in this Chapter shall be construed to prevent the City from creating or acting as its own garbage and/or trash collection or disposal service or facility, either independently, exclusively or in conjunction with others. [Ord. No. 9-78, § 12, 16 May 78] Sec. 673.13 ;Legislative Intent. If this Chapter or any section hereof, or any sentence, phrase or word be declared illegal or unlawful by a court of competent jurisdiction, it is the intent that such illegal word, § 673.13 ARBAGE & TRASH REMOVAL § 673.13 phrase, sentence or section shall not affect the legality of the, remainder of this Chapter. [Ord. No. 9-78, § 13, 16 May 78] § 675.01 LITTER AND WASTE § 675.01 CHAPTER 675 LITTER AND WASTE Sec. 675.01 Definitions. Litter is garbage, rubbish, rubble and handbills as hereinafter defined. Garbage is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Rubbish is nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. Rubble is broken fragments of concrete, brick, stone or asphalt when such fragments are scattered in dis- array. Commercial Handbill is any printed or written matter, any sample or device, dodger, circular, leaf- let, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature: A. Which advertises for sale any merchandise, produce, commodity or thing; or B. Which directs attention to any business or mer- cantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or C. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatri- cal performance, exhibition or event of any kind; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking § 675.01 LITTER AND WASTE § 675.01 place of any meeting, theatrical performance, exhibi- tion, or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this City; or D. Which, while containing reading matter other than advertising matter, is predominantly and essen- tially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person engaged as an advertiser or distributor. Noncommercial Handbill is any printed or written matter, any sample or device, dodger, circular, leaf- let, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. Newspaper is any newspaper of general circulation as defined by general law, any newspaper fully entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public. Park is a park, reservation, playground, beach, recreation center or any other public area owned or used by the City and devoted to active or passive recreation. Person is anyperson, firm, partnership, associa- tion, corporation, company or organization of any kind. Private Premises is any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhab- ited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure., Public Place is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all r § 675.01 LITTER AND WASTE § 675.05 public parks, squares, spaces, grounds and buildings. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.02 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles or in authorized private recepta- cles for collection. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.03 Placement of Litter in Receptacles so as to Prevent Scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place. [Ord. No. 25- 73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.04 Sweeping Litter into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the City the accumu- lation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.05 Merchants' Duty to Keep Sidewalks Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumu- lation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 .Nov 86] Sec. 675.06 Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.07 Truck Loads Causing Litter. No person shall drive or move any truck or other vehicle within § 675.07 LITTER AND WASTE § 675.12 the City unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.08 Dropping Litter From Aircraft. No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33- 86, § 1, 18 Nov 86] Sec. 675.09 Litter in River. No person shall throw or deposit litter in any river or any other body of water in a park or elsewhere within the City. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.10 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, §.1, 18 Nov 86] Sec. 675.11 Owner to Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.12 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. [Ord. No. 25-73, S 1, 3 Jul 73; Ord. No. 33- 86, § 1, 18 Nov 86] Sec. 675.13 ' Throwing or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. Nor shall any person hand out or distribute § 675.13 LITTER AND WASTE § 675.17 or sell any commercialhandbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street or other public place within the City for any person to hand out or distribute without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.14 Placing Commercial and Noncommercial Handbills on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand- out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who. is willing to accept it. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, §.1, 18 Nov 86] - Sec. 675.15 Depositing Commercial and Noncommercial Handbills on Uninhabited or Vacant Premises.. No person shall throw or deposit: any commercial or noncommercial handbill in or. upon: - any private premises:. which =. are temporarily or continuously uninhabited or:vacant..;. [Ord. No. 25-73, §..1-, 3Ju1 73;_Ord.,.No. 33-86, §' 1, 18 Nov 86]= _ • Sec. _ . 675.16 ? : Prohibiting°3 Distribution of - Handbills- Where: Properly- Posted. --No person shall_ throw, . deposit or ,distribute any commercial, .or_noncommercial .handbill.. upon, any private- premises, if requested by anyone there- .. on not to , do so,: or if.; there is placed on. said premises. _. in _a conspicuous, position position near the __entrance thereof, a sign bearing, the words: "NO :Trespassing", -"No Peddlers or Agents", "No Advertisements",• or any similar• notice,. indicating in any mannner that the occupants of said premises _do ::not�desire,.-_.to._=_bea_molested - or : have . their right- of., privacy disturbed, or to. have:_:a_ny_ such _hand-_ bills:: left_- uponl such, premises. • [Ord. No:, 257-73,-•. §1 3 Jul. _73;-.Ord.: No 33-86, §: 1;: 18- Nov:: 86]; - Sec. -,,675.17- Distributing: , Commercial-, and-. Noncom-- - mercial-= Handbills at`,--Inhabiteth Private.:: Premises. _ No person_ shall' throw, deposit _or:_; distribute :-; any commercials;=:or_noncommercial, handbillu inz or upon- private premises;= which- ,_ are_ inhabited;:_• -_except,;-- by handing_:.,or- _..: transmitting-- any, such:. handbi117; directly -to the.:;owner,.-. occupant or` other: person,: then.: present,. in:or, upon -- such _ private premises . _ Provided, however, that:: in -case -. of S 675.17 LITTER AND WASTE S 675.21 inhabited private premises which are not posted, as provided in this. Chapter, such person, unlessrequestedby anyone upon such premises not to do so,shall havethe authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from. being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers. (Ord. No. 25-73, S 1, 3 Jul 73; Ord. No. 33-86, S 1, 18 Nov 86) Sec. 675.18 Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law. (Ord. No. 25-73, S 1, 3. Jul 73; Ord. No. 33-86,•S 1, 18 Nov 86) Sec. 675.19 Burial of Trash, Rubble or Other Debris Prohibited. The burial of trash, rubble or debris within the City of Cape Canaveral, Florida is hereby prohibited. (Ord. No: 6-92, S 3,_5 May"92) Sec. 675.20 Complaints; Reports. Any citizen or inhabitant of the City of Cape Canaveral may make complaint to any ._ -police: officer of -- the_ "existence;: of litter on, private property. Upon receipt of_ said complaint,_the__officer:shall inspect_ the property_ complained of and file a written report with .the City .1: Manager.,.-:, Said": report shall.be on a , form provided by the City. Manager and shall; at a minimum, include the following- information property location,._ inspector, location -and- typeof litter:" (Ord. No. 25-73; S 1; 3 Jule 73; Ord.; No. 33-8'6,` S ' 1, - 18 Nov 86) Sec. 675.21 Notice and' Order for Removal of Litter on Private Property. The Police Department' shall attempt to notify. the-, owner-- of said , litter1 and request' that'. - he immediately remove the said litter. In the event --the litter is not removed, the City Administration shall cause to be served by:registered' mail-addressedtothe property owner on which the: litterisr located as determined: from _the_tax_rolls . of the City; . a "notice and order which shall' notify- by description of litter that the litter -is, in violation of•this Chapter andthat.the property, owner is required and ordered to remove litter within' thirty (30) days after service; T ands if there' be__ a._ failure to' so- remove, that the City Page Revised Ord. No. 6-92 March 30, 1993 § 675.21 LITTER AND WASTE § 675.22 may remove or cause the removal of such litter from the property and assess the cost to the property owner. Said notice and order shall further notify the property owner that he may, within fifteen (15) days of the service, request a hearing before the City Council of the City of Cape. Canaveral to determine whether said notice and order was proper or justified, and that such request must be in writing and addressed to the City Manager. The City Manager shall also post a duplicate of the original of said notice and order in a conspic- uous spot on the affected property. The hearing shall be held prior to the expiration of the period for compliance by the owner. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.22 Failure to Comply with Notice and Order; Removal by City; Assessment and Collection of City's Cost, Unpaid Sums added to Tax Rolls of the Property. If the property owner does not comply with the notice and order within the time specified therein, then the City may proceed with the removal of the said litter or may cause the same to be done. If the City proceeds to execute a notice of order issued by it for the removal of litter, said City may let contracts therefor. The City may charge or assess the said property and the owner with the actual cost of labor performed and materials furnished in removing the litter together with ten percent (10%) of the cost of such labor and materials for the use of tools and super- vision, and said amounts shall constitute an indebtedness of the owner of said property to the City of Cape Canaveral, and shall constitute a lien against said property which shall be superior to all other liens except the liens for State and County taxes and City taxes, and the liens for special assessments for public improvements. The City Clerk shall enter in a book provided by him for such purpose the claim of the City for said lien, in which he shall give a brief description of the property, the name of the owner, if known, and the amount due to the City for which said lien is claimed. The amounts so expended by the City shall become due;, within one (1) month after the expendi- ture of the same, and if not paid within said time, shall bear interest after one (1) month from the date thereof at the rate of one percent (1%) per month until paid. Upon payment of the amount due for said work, the City Clerk shall enter on said record the fact and § 675.22 LITTER AND WASTE ! § 675.24 date of payment thereof, and such entry of payment by the City Clerk shall constitute a discharge of the lien. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.23 Waiver of Rights by Property Owners; Removal at City's Costs. If a property owner has been served a notice and order to relocate or otherwise remove litter and if the property owner elects to relin- quish his rights and interest to the litter and to permit the City to carry out the abatement of the violations as listed in a notice and order without further delay, then in that event, the City may proceed to remove the violations, providing the owner signs a waiver, in writing, to this effect, holding the City harmless from any damage claims, and submits same to the City Manager. Any expense incurred by the City as a result of removing any litter following the receipt of waiver by the property owner or his duly authorized representative shall, in the event that the property owner or his duly authorized representative can satis- factorily establish that the property owner is not the owner of said litter, be at the City's expense, other provisions of this Chapter notwithstanding. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] Sec. 675.24 Penalty. Any person violating any provisions of this Chapter shall be punished by a fine not to exceeed $300 or imprisonment not to exceed ten (10) days. [Ord. No. 25-73, § 1, 3 Jul 73; Ord. No. 33-86, § 1, 18 Nov 86] -y 1 C. 683.01 OFF -ROADWAY REGULATIONS CHAPTER 683 OFF -ROADWAY REGULATIONS § 683.03 Sec. 683.01 Travel Without Landowner's Consent. No person shall use a motor vehicle for travel on land other than streets or highways. "Motor vehicles" and "streets or highways" shall be as defined in Chapter 316, Florida Statutes. Consent of the landowner, his agent or tenant, may be used as a defense by any person charged under this section, but the burden of proof in such defense by competent evidence shall be upon the person so charged. [Ord. No. 18-73, § 1, 5 Jun 73] Sec. 683.02 Travel Upon Beach or Dune Area Prohibit- ed. Except as provided in sub -section 680.03 below, no person shall use any vehicle for travel upon the ocean beach or the dune area as defined in sub -section 651.05, unlesssuch vehicle is propelled by non - motorized power. This section is also intended to exclude the use of motor power. This section is also intended to exclude the use of motor powered bicycles generically known as "mopeds" from use for travel upon the ocean beach or the dune. [Ord. No. 64-21, S§ 1, 2, 4 Aug 64; Ord. No. 6-78, § 1, 4 Apr 78] Sec. 683.03 Exceptions Provided. A. The prohibition contained in Section 638.02 above shall not apply to emergency vehicles of the police or fire departments, or to ambulance or to private towing vehicles, provided the police department is notified prior to the travel and the name of the person requesting towing assistance and the location of the vehicle to be towed is furnished. B. Persons who are physically disabled or handi- capped to such an extent that they are unable to walk to the beach shall be permitted to park a motor vehicle upon the ocean beach at the Washington Avenue beach approach, provided said vehicles do not park beyond the boundaries of said Washington Avenue on the beach. The police department shall have the right to request that those handicapped or disabled persons parking on the beach pursuant to this section, show proof of their disability by competent and appropriate evidence. [Ord. No. 64-21, §§ 3,4, 4 Aug 64;.Ord. No. 20-76, § 1, 5 Oct 76] § 683.04 OFF -ROADWAY REGULATIONS § 683.04 Sec. 683.04 Penalty. A violation of any provision of this chapter shall be punished as provided in § 316.026, Florida Statutes. [Ord. No. 64-21, § 7, 4 Aug 64; Ord. No. 18-73, § 2, 5 Jun 73] § 685.01 PARKING REGULATIONS. CHAPTER 685 PARKING REGULATIONS § 685.06 Sec. 685.01 Parking Regulations. Section 316.1945 of the Florida Statutes, "1981", is hereby adopted as the Parking Regulations for the City of .Cape Canaveral, Florida. [Ord.. No. 22-76, § 1, 18 Jan 77; Ord. .No. 14-82, § 1, 17 Aug 82] Sec. 685.02 Establishing of No Parking, Zones. The chief law enforcement officer may establish No Parking Zones and•designate those places where motor vehicles are prohibited from parking and have placed No Parking signs. [Ord. No.- 22-76, §' 1, 18 Jan '77; Ord. No. 14-82, § 1, 17 Aug 82] Sec: 685.03 Dune Parking Prohibited. It shall be unlawful for any vehicle to park on any of the ocean dunes 'and any such parking may be ticketed as a viola- tion of this Chapter.. -[Ord. [Ord. No. 14-82, § 1, 17. Aug 821 Sec. 68544' Truck Parking. It --shall be: unlawful for any truck .weighing 5,000 pounds or more. to park anywhere within the City of Cape Canaveral, Florida, for more than four. (4).consecutive hours, where so posted. [Ord. No. 22-76, § 1,, 18 Jan 77; Ord.. No. 14=82, § 1, 17 Aug 82] Sec. 685.05 No Overnight Parking. It shall be unlawful for any vehicle to park on any of the beach end streets east of Ridgewood Avenue between the hours of-10:00 P.M. 'and 5:00 A.M., and -any such parking'.shall be ticketed as a violation of this. Chapter. For the purposes of this Section, a beach end street shall be defined as a .street within the City of Cape Canaveral that has as its east terminus the Atlantic Ocean and/or the dune line which. runs north and south parallel to the Atlantic Ocean. [Ord. No..9-91, § 2, 2 Jul 91] Sec. 685.06 Penalties. Anyone violating any of the provisions of -this Chapter shall be punished in accordance with the schedule as set out below: Violation 1. Parked in Excess of Authorized Time 2: Parked in "No Parking" Zone Penalty $ 10.00 $ 10.00 CHAPTER REVISED 2 JUL 91 7/ § 685.06 PARKINGA1EGULATIONS § 685.06 3. Parked in "Loading Zone" 4. Parked in Reserved Zone Without Permit 5. Parked in Irregular (Extending Over Boundary) 6. Parked in Havidtcapped Space 7. Parked .Double or Obstructing Traffic 8. Parked on Sidewalk 9.. Parked on Ocean Dunes 10. Other $ 10.00 $ 10.00 $ 10.00 $ 50.00 $ 15.00 $ 15.00 $ 50.00 $ 10.00 [Ord. No. 22-76, § 1, 18 Jan 77; Ord. No. 14-82, § 1, 17 Aug 82; Ord. No. 3-85, § 1, 19 Feb 85; Ord. No. 9- 91, § 1, 2 Jul 91] . CHAPTER REVISED' 2 JUL 91 § 713.01 SPILL -OVER LIGHTING CONTROL CHAPTER 713 SPILL -OVER LIGHTING CONTROL § 713.08 Sec. 713.01 Policy to Prohibit Excessive Spill -Over Light Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive spill -over light- ing from all sources subject to its police powers. The need for spill -over lighting regulation is a matter of legislative determination and public policy and this Chapter is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No. 22-84, § 1, 4 Dec 84] Sec. 713.03 Spill -over Lighting Standards Estab- lished. Area floodlighting fixtures or other materials installed or provided within the corporate limits of 'the City of Cape Canaveral, Florida, unless excepted elsewhere, shall be installed in or equipped so that the light source does not transmit excessive spill over beyond the boundaries of the property on which the lighting source is located. [Ord. No. 22-84, S 1, 4 Dec 84]. Sec. 713.05 Spill -over Lighting Defined. Excessive spill -over lighting shall be defined as spill -over lighting in excess of .2 foot candles greater than the existing light (i.e. moonlight) that transmits beyond the property boundary line. [Ord. No. 22-84, § 1, 4 Dec 84] Sec. 713.07 Exceptions. Any lighting source emanat- ing from a light source which is owned by, or under the control of, any Federal, State, County or Municipal unit of government, or public utility, shall be specifi- cally excepted from this Chapter. [Ord. No. 22-84, § 1, 4 Dec 84] Sec. 713.08 Spill -over Lighting Standards for Beach - front Property. Lights illuminating buildings or associated grounds for decorative or recreation purposes shall be shielded or screened in such a manner that they are not visible from the beach, or turned off after 11:00 p.m. during the period of May 1 to October 31 of each year. Lights illuminating dune crosswalks § 713.08 SPILL -OVER LIGHTING CONTROL § 713.11 of any areas oceanward of the dune line shall be turned off after 11:00 p.m. during the period of May 1 to October 31 of each year. Whenever possible, street lights shall be located so that the bulk of their illu- mination will travel away from the beach. These lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach. [Ord. No. 8-86, § 1, 18 Mar 86] Sec. 713.09 Method of Measurement Described. In order to determine spill -over lighting, the Code Enforcement Officer shall measure the light where the light first spills over the adjoining property by using a correctly calibrated light meter while pointing the light meter directly at the source light. The light meter shall be calibrated in accordance with accepted recognized standards. [Ord. No. 22-84, § 1, 4 Dec 84] Sec. 713.11 Penalty. Any person, firm or corpora- tion violating any provisions of this Chapter shall be punished as provided in §801.03. Every day in viola- tion shall be considered a separate offense. [Ord. No. 22-84, § 1, 4 Dec 84]