(a)

Any person who obtains a development permit and proposes to construct a driveway; and proposes to utilize a County-maintained road for direct access to property shall submit an application for a right-of-way permit. Proper permits must be obtained from the County Development Department prior to the installation of any driveway on a County-maintained road. Permits shall be issued in accordance with the following regulations:

(1)

The permit application will be forwarded to the Engineering Department for review and, if acceptable and complete, approval notification will be made within 72 hours.

(2)

The approved application becomes the permit. Construction of the driveway shall be completed within six months of the effective date of the permit. Upon written application to the County the permit expiration date may be extended for a period not to exceed three months. If the permit is granted an extension, all regulations governing the installation of driveways in effect at the time of the extension will govern the installation of the driveway.

(3)

The applicant will be provided with a right-of-way permit stake and field permit card to be attached to the stake. The permit stake, with attached permit card, is to be placed at the center of the proposed driveway.

(4)

The County will set stakes to show the lines and grades for the invert of the driveway or culvert as applicable. The field permit card and application will be completed by the County, indicating the diameter and length of the culvert, if required.

(5)

The County will inspect the culvert for proper placement and construction, prior to issuing approval to cover the culvert.

(6)

The County will make a final inspection and provide certification when the driveway construction meets the requirements of these regulations.

(7)

No certificate of occupancy shall be issued until the County has approved the final inspection.

(8)

Driveways designed and approved on subdivision plans do not require driveway permits when constructed as part of the subdivision prior to plat approval.

(b)

Any person who constructs a driveway in the County right-of-way utilizing a County-maintained road for direct access to his property without obtaining a permit shall be responsible for reimbursing the County for all cost of removing that driveway and culvert if the County determines it is necessary to replace the driveway and culvert for reasons of public safety, right-of-way maintenance, drainage, compliance with applicable codes or specifications, or for any other reason.

(c)

The following driveway maintenance activities are exempt from obtaining right-of-way permits, provided that such activities do not impede the flow of stormwater:

(1)

Repair to washout or drop-offs on driveways;

(2)

Adding shell material which has eroded over time to existing shell driveways;

(3)

Cleaning of culvert pipes;

(4)

Seal coating of asphalt driveways;

(5)

Any other activity on an existing driveway deemed to be routine maintenance by the County Engineer.

(LDR, § 14000; Ord. No. 2012-01, § 14000, 5-22-2012; Ord. No. 2014-05, att. A, § 36, 10-28-2014)

(a)

General requirements.

(1)

It is the intent of the LDR that all driveways be constructed in such a way that the drainage of the roadway will not be impaired and the stability of the roadway will not be altered. All references to standard codes or specifications are intended to mean the latest, current version of such code or specification.

(2)

The owner, or representative, shall notify the Engineering Department at least 24 hours prior to beginning construction of any driveway.

(3)

The number of driveways to be allowed for any single property or development shall be the minimum number required to adequately serve the needs of the property or development. Frontage of 50 feet or less will be limited to one driveway. A rebuttable presumption exists that no more than two driveways are sufficient for any single property, unless the frontage width exceeds 660 feet. Unless otherwise determined to be in the County's best interest, the distance from the end of the culvert to the edge of the driveway, and the distance from the end of the culvert to the edge of the parallel street, shall each be 12 feet.

(4)

In the interest of public safety and convenience, the County may:

a.

Restrict the placement of a driveway to a particular location along the frontage.

b.

Deny direct driveway access or require redesign of an existing or proposed connection, roadway geometrics, or traffic control devices which are causing undue disruption of traffic or creating safety hazards at existing connections, or are expected to cause such disruption or hazards at proposed connections.

c.

Redesign of an existing driveway where change in use of the land served by the driveway increases or is expected to increase the traffic generated by the driveway.

d.

Require the establishment of parallel access road in order to minimize direct access to the County highways.

(5)

All driveways shall be constructed within the limits of the frontage of the property or development they serve, except that owners of adjacent property may, by written mutual agreement, construct a joint driveway to service both properties. For joint driveways, the permit shall be issued to all affected property owners and shall state that there is an agreement that all property's access to the County road shall be via the driveway system.

(6)

All driveways must be located at a point which will provide optimum sight distance along the road with the limits of the property frontage.

(7)

No driveways are to be constructed within intersections unless approved by the authorized official. Driveways shall not be located in such position as to adversely affect the placing or proper operation of road signs, traffic signals, lighting or other devices.

(8)

All driveways shall be positioned as close to perpendicular to the road right-of-way as possible.

(9)

The driveway edge shall be connected to the County road by means of a radius adequate to handle turns by the largest vehicle expected to use the driveway with regular frequency without encroaching on adjacent traffic lanes.

(10)

Driveways shall be designed so that no portion of the right-of-way is used for private use such as parking, servicing vehicles, displays, buildings sales, exhibits, business signs, service equipment or appurtenances or the conduct of private business.

(11)

In areas where driveways are located within the limits of existing curb and gutter or sidewalk, the existing curb and sidewalk shall be removed in a neat and acceptable manner and a six inch thick sidewalk, or a four inch thick sidewalk with welded wire fabric, or equivalent fiber mesh, constructed and replaced with an acceptable drop curb conforming to the current applicable Florida Department of Transportation (FDOT) Roadway and Traffic Design Standard.

(12)

All work done in the right-of-way shall be done in such manner as to insure proper drainage, easily maintained slopes, pleasing appearance and adequate sight distance for traffic operations as specified by the current edition of the Manual of Uniform Standards for Design, Construction and Maintenance of Streets and Highways prepared by the FDOT and compliance therewith shall be indicated on the plans submitted for approval. When necessary, measures such as silt barriers shall be used to control erosion and silt transport from the construction site.

(13)

County Standard Engineering Details graphically illustrate minimum design standards for various types of conditions. These sketches are not intended to include every condition that may be encountered, but are included as assistance to those using the LDRs.

(14)

Flexible pavement with an asphaltic concrete surface may be used for any paved driveway. The FDOT structural number criterion shall be used to determine the thickness of sub-base, base and surface course for the intended traffic load. The minimum structural number for all commercial driveways shall be 2.18.

(15)

Rigid pavement driveways shall be constructed with a minimum of six inches of 2,500 psi Portland cement concrete, or four inches with welded wire fabric or fiber mesh.

(16)

Temporary driveways shall conform to the requirements of the LDR. Temporary driveways shall be removed at the termination of their use and the roadway and right-of-way restored to the original condition.

(17)

Driveways or portions of driveways which are not paved shall be stabilized with clay, lime rock, shell or other suitable material to carry the expected traffic without rutting. Driveways shall be constructed to prevent erosion and damage to the pipe culvert.

(18)

The minimum size of pipe culvert which may be installed within the road right-of-way shall be in accordance with the County Standard Engineering Details.

(19)

All culverts installed in County right-of-way shall have mitered ends with concrete collars and shall conform to specifications as set forth in the most recent FDOT Roadway and Traffic Design Standards Manual and the County Standard Engineering Details. The Development Director, upon the advice of the County Engineer, shall have the authority to make exceptions to meet special or unique site conditions such as speed limit, cross slope of swale, width of the right-of-way, distance of the culvert off the edge of the pavement, neighborhood characteristics, and culvert material type.

(20)

All culvert pipes shall be new or used and approved by the Engineering Department. Acceptable culvert types include corrugated metal, reinforced concrete or other material allowed by FDOT specifications for similar use.

(b)

Private driveways.

(1)

Private driveways connected to an unimproved County road using flexible pavement shall be constructed with a minimum of six inches of oyster shell or lime rock base material and a minimum of 1½ inches of asphalt surface.

(2)

All private driveways connected to an unimproved County road shall incorporate a five-foot shell apron from the edge of the existing road.

(c)

Commercial driveways.

(1)

The developer of any commercial site requiring a driveway access from a paved County road shall construct a paved driveway from the edge of the road pavement to the right-of-way line and shall conform to the provisions of the LDR and the County Standard Engineering Details.

(2)

Three sets of site plans prepared by an engineer registered in the State shall be submitted for review, along with a complete right-of-way permit application as described in Section 20-1690. Upon approval, two approved sets will be returned to the owner or a representative along with a driveway permit. The Development Director, upon the advice of the County Engineer, may modify this requirement (three site plans prepared by an engineer) for special or unique site conditions such as the rural nature of the site, low trip generation, proximity to road intersections or other driveways, speed limit on the roadway, location of objects such as fire hydrants in the right-of-way, and whether the driveway connects to a curved or straight roadway, provided that any such modification does not result in sight distance safety concerns.

(3)

Commercial site plans and specifications shall include the following:

a.

The general location of the property (Section, Township, and range) and the names of adjoining roads.

b.

The name of the owner and the intended use of the proposed development.

c.

The location of all existing driveways and street intersections within 300 feet of the proposed entrance.

d.

Complete geometrics and cross sections of the proposed entrance including widths, distances to property lines, radii dimensions and modifications to existing roadways.

e.

A drainage map including the entire area to be developed and adjacent areas affecting, and to be affected by, such drainage. Disposition of stormwaters shall be shown.

f.

The present land use of adjacent lands abutting the County roadway on each side of the site and across the road.

g.

The existing width of pavement and right-of-way, storm drainage layout (the layout shall extend outside the limits of the site to show the relationship of the proposed work to the existing drainage facilities), existing curb, sidewalk, shoulders and ditches, location of utilities and appurtenances, street lights traffic signals, hydrants, trees and property lines.

(4)

Driveways for commercial and industrial sites and entrances to subdivisions shall be constructed using either reinforced concrete pipe culvert or high density poly ethylene (HDPE). Such pipe shall have a minimum top length of 30 feet and have side slopes which are safe and convenient to maintain. Joints shall be made according to FDOT specifications. If HDPE pipe is used, it shall be approved by the County Engineer and shall be double-walled corrugated pipe, or approved equal, with a minimum of 12 inches of cover.

(5)

If any County requirements have changed, the changes may be applied to the project driveway before the extension is granted.

(LDR, § 14001; Ord. No. 2012-01, § 14001, 5-22-2012; Ord. No. 2014-06, § 22, 10-28-2014)

(a)

The County is responsible for and will maintain storm drainage through private driveway culvert pipes in public rights-of-way.

(b)

If the County determines it is necessary to construct a ditch in a right-of-way where no ditch previously existed, the County will furnish and install a suitable driveway where necessary to replace those that previously existed.

(c)

When a road is improved, the County will provide the necessary modifications to make the existing driveways compatible with the road surface.

(d)

If the County replaces an existing culvert on a residential or commercial driveway or performs any other work that requires the removal of existing concrete, asphalt or otherwise paved road, the County will restore the surface of the driveway with either lime rock or shell material. Replacement of the surface course is the responsibility of the property owner. The property owner must obtain a right-of-way permit as described in Section 20-1690, but permit fees for replacement of previously existing surface courses following County construction shall be waived.

(LDR, § 14002; Ord. No. 2012-01, § 14002, 5-22-2012; Ord. No. 2014-06, § 23, 10-28-2014)

The requirements set forth herein and in the County Standard Engineering Details are minimum standards. Stricter requirements may be imposed if they are necessary to protect the public health, safety and welfare.

(LDR, § 14003; Ord. No. 2012-01, § 14003, 5-22-2012)

(a)

Applicability. All work in the public rights-of-way and all required subdivision improvements shall be constructed in accordance with these provisions and the project plans. In the event of conflict between these provisions and the project plans, these provisions shall govern. These provisions shall also apply to construction on private property where there is an agreement or intention to grant or otherwise dedicate such property to the public after construction conforms to the provisions herein. All references to standard codes or specifications are intended to mean the latest, current version of such code or specification.

(b)

Changes to the work. No change to the work as shown on the project plans shall be made without notification to the authorized county official. In the event of such a change, a print of the project plans reflecting proposed changes shall be submitted in advance of the actual work. Field revision prerogatives granted the project engineer elsewhere in these provisions are cause for exemption from the requirement for advance notification of changes from the project plans.

(c)

Use of roads during construction. Roads being used by the public at the commencement of construction which provide the only means of ingress and egress shall be maintained in a passable condition during construction, with rough grading, or alternate suitable routes, commencing with the completion of clearing and grubbing.

(d)

Permit required. A permit shall be obtained for all work within or improvements installed within, the public right-of-way, and as a condition for the issuance of a development permit for a new principal land use. Application for permit shall be made to the Development Department on the form provided together with payment of the approved fee. The application form shall become a permit when signed and dated by the County official having authority. The original of the permit shall be mailed or delivered to the applicant. The first copy shall be retained by the Engineering Department and the second copy shall be forwarded to the Development Department after final inspection by the Engineering Department. Applicants for private driveway and/or culvert permits shall be issued a survey stake and the field permit card. The field permit card shall contain the application number and other basic application information. The applicant shall place the stake in the center of the proposed driveway. The field permit card shall be attached to the stake. The Engineering Department shall obtain permit applications daily from the Development Department. The Engineering Department shall set stakes to show the required alignment in relation to the road swale. Stakes shall be set to designate ends of the culvert if it is determined that a culvert is required. A grade mark shall be placed on the stakes indicating the invert of the culvert pipe or driveway if applicable. The field permit card and the application shall be completed with information on diameter and length of the culvert, or otherwise a notation that no culvert is required, and the driveway shall be constructed to grade provided. The applicant shall be required to call the Engineering Department for an inspection before the culvert pipe barrel is covered. The applicant shall be notified if backfill can be placed. Results of the inspection shall be noted on the application. If the permit includes a culvert and is issued in connection with a building permit, the certificate of occupancy shall not be issued until a satisfactory inspection report is received.

(e)

Inspections. A building, right-of-way use, or development permit provides the County's employees with right of entry onto the permittee's property to make any inspections of work or materials being used in the work as deemed necessary by the County. It is the permittee's responsibility to provide notification to the appropriate County Department 24 hours prior to beginning each phase or item of construction.

(f)

Minimum standards. The requirements included herein and in the County Standard Engineering Details are minimum standards considered only as basic requirements for performance, structural suitability and durability. All proposed construction must be designed with full consideration given to the functional, structural and aesthetic requirements of the particular installation. Where strict adherence to the Standard Engineering Details is not practical, the County Engineer may approve deviations.

(g)

Location of utilities. Location of utilities in public rights-of-way and utility easements shall conform to those locations shown in the Standard Engineering Details unless it can be shown that existing conditions or extenuating circumstances make it impossible or impractical to conform.

(h)

Private driveways. Private driveways in public rights-of-way shall conform to the County Standard Engineering Details for private driveways for commercial or industrial use, and shall be paved in accordance with the construction requirements herein and the County Standard Engineering Details in conformance with the existing road to which the connect is paved. Private driveways for residential use may be constructed by any method which will not cause damage to the surface of the public road to which it connects, or interfere with storm drainage, or create unsafe traffic conditions. Pipes shall be new and shall conform to Section 20-1730(b) and the County Standard Engineering Details. The County is responsible for and will maintain private culverts in public rights-of-way to the extent of storm drainage concerns. The County is not responsible for and will not maintain the private driveway nor is the County responsible for deteriorated culvert pipe conditions. The owner of the property served by a private driveway with a deteriorated culvert pipe shall be notified to replace the pipe if drainage of the public road is adversely affected by the condition of the pipe. The owner of the property served by a private driveway not having a culvert shall be notified to install a culvert under permit if drainage of the public road is adversely affected. Any person who constructs a driveway without a permit in the County right-of-way utilizing a County-maintained road for direct access to his property shall be responsible for reimbursing the County for all cost of removing that driveway and culvert if the County determines it is necessary to replace the driveway and culvert for due to reasons of public safety, right-of-way maintenance, drainage, compliance with applicable codes or specifications, or for any other reason.

(i)

Damage. Persons causing damage to any public improvements within the right-of-way of a public road in the unincorporated area of the County shall be considered in violation of these requirements and shall be punished by a fine not to exceed $500.00 or by imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. In addition to the penalty provided for herein, the Board of County Commissioners may bring civil action to remedy the violation.

(LDR, § 14101; Ord. No. 2012-01, § 14101, 5-22-2012)

Publications, codes, specifications and the County Standard Engineering Details referenced throughout these regulations are a part of the LDR just as if incorporated herein. Reference is intended to refer to the latest revision or publication which has been officially adopted by the issuing agency unless a dated issue is indicated. Reference in FDOT Standard Specifications to the State shall be interpreted to mean the County Engineer or project engineer depending on the responsibilities assigned by requirements herein. Reference to testing, sampling, job mixtures and other quality control provisions therein are deleted in favor of quality control provisions of these requirements.

(LDR, § 14102; Ord. No. 2012-01, § 14102, 5-22-2012)

(a)

General. Clearing and grubbing is required within the entire right-of-way prior to construction of a road. Clearing and grubbing is required in dedicated drainage basins and drainage rights-of-way prior to construction of drainage facilities. Earthwork, including excavation, filling and backfilling, shall conform to the approved improvement plan or the project plans for which a permit is issued.

(b)

Clearing and grubbing. All structures or portions thereof, and all timber, brush, stumps, roots, grass, weeds, and other such obstructions, above and to a depth of two feet below the finish grade in road rights-of-way, drainage basins and drainage rights-of-way shall be removed and disposed of as hereinafter specified.

(c)

Earthwork.

(1)

Excavation. All rock shall be removed below the subgrade of roads to a depth of six inches below the subgrade. All unsatisfactory soils, except those of classification PT, shall be removed for a depth of one foot below subgrade. Soils of classification PT shall be entirely removed from below subgrade. Excavation for drainage basins shall be to the approval grades.

(2)

Fill and backfill. Fill and backfill materials shall be soils in classifications other than those listed herein as unsatisfactory soils. Materials shall be free of rocks larger than six inches in greatest dimension and free of roots, wood scrapes, refuse and other organic materials. Fill and backfill, including that for pipe trenches, shall be placed in layers not to exceed 12 inches in thickness and each layer shall be compacted and tested in accordance with the quality control provisions set forth herein.

(d)

Unsatisfactory soils. Unsatisfactory soils shall be those in classification MH, CH, OH, and PT of the Unified Soil Classification System which are basically inorganic silts, inorganic clays, organic clays and peat or other organic solid.

(e)

Disposal. Disposal shall include the complete removal from rights-of-way and other public areas of the debris and unsatisfactory soils resulting from clearing, grubbing and earthwork. Burning of combustible materials shall be permitted subject to approval of all governing agencies having jurisdiction. All materials must be burned to a negligible ash.

(f)

Ownership of materials. The County shall not claim ownership of materials removed as a result of required clearing and grubbing or earthwork unless otherwise specifically provided. The mining of stabilizing material from dedicated public areas is permitted only with approval and such materials must be used on the project from which they were obtained.

(LDR, § 14103; Ord. No. 2012-01, § 14103, 5-22-2012)

(a)

General. All road construction shall conform to the requirements of this section, applicable construction details and the County Standard Engineering Details and appropriate sections of the FDOT Standards Specifications. Paved road construction shall consist of clearing and grabbing, earthwork if required, stabilized subgrade, base course, prime coat, and asphaltic concrete wearing surface.

(b)

Material.

(1)

Subgrade stabilizing material shall conform to the FDOT Standard Specifications.

(2)

Base course material shall be bank run shell or lime rock. Bank run shell material shall essentially consist of broken mollusk shell found in natural deposits. The material shall be non-plastic and shall contain proper bonding. Lime rock material shall meet the requirements of the FDOT Standard Specifications.

(3)

Bituminous materials: Prime coat shall be cut-back asphalt conforming to FDOT Standard Specifications.

(4)

Sand for prime coat shall be clean dry sand, free of sticks, trash, roots and other organic materials. Sand shall have a plastic index less than 4.0 and shall be free of silt and rock particles or clay balls larger than one-quarter inch in size.

(5)

Asphaltic concrete material for surface course shall be Type S-1 or Type III conforming to the current FDOT Standard Specifications. The aggregate shall consist entirely of crushed stone or gravel. The required stability shall be at least 800 pounds as determined by Marshall Stability Tests. Plant methods and equipment for the manufacture of asphalt concrete shall conform to the FDOT Standard Specifications.

(c)

Construction.

(1)

Subgrade construction shall be Type B Stabilization conforming to the FDOT Standard Specifications except that the use of mechanical rock spreaders is not required. Complete mixing to the full width and depth of the stabilized subgrade is required. After mixing, the subgrade will be tested for LBR value and if found to be less than required, additional stabilizing material must be added and the subgrade shall again be mixed to full width and depth and again tested for LBR value.

(2)

Shell base course construction shall conform to the FDOT Standard Specifications.

(3)

Lime rock base course construction shall conform to the FDOT Standard Specifications.

(4)

Prime coat application shall conform to the FDOT Standard Specifications. The base course shall be sanded conforming to the FDOT Standard Specifications immediately following the application of prime material.

(5)

Asphaltic concrete surface course construction shall conform to the FDOT Standard Specifications.

(LDR, § 14104; Ord. No. 2012-01, § 14104, 5-22-2012)

(a)

General. Road shoulder construction shall conform to the requirements of this section, the County Standard Engineering Details and applicable portions of FDOT Standard Specifications. Stabilized shoulder construction is required adjacent to all paved road construction. Materials for stabilizing shoulders shall be in accordance with the FDOT Standard Specifications.

(b)

Construction. Where stabilized shoulders are to be constructed the surface shall be brought to the grade, lines and cross section required. Stabilizing shall conform to the FDOT Standard Specifications. Stabilizing material shall be placed and mixed in one layer.

(LDR, § 14105; Ord. No. 2012-01, § 14105, 5-22-2012)

(a)

General. The construction of drainage facilities and piping systems shall conform to the requirements of this section and the approved improvement plan or project plans for which the construction permit was issued. Grading and earthwork in connection with drainage basins, swales and pipe trenches is included in other sections of this division. Quality control provisions are specified elsewhere in these regulations.

(b)

Materials.

(1)

Pipe: Corrugated steel pipe or reinforced concrete pipe shall be used for culverts and storm drains. Poly vinyl chloride (PVC) pipe shall be used for gravity flow sanitary sewage collection systems. Poly vinyl chloride (PVC) pipe or acrylonitrile-butadiene-styrene (ABS) pipe may be used for sewer service connections. Cast iron pipe, ductile iron pipe, galvanized steel pipe or poly vinyl chloride (PVC) pipe shall be used for sanitary sewage collection or potable water distribution pressure systems. Galvanized steel pipe, polyethylene pipe, polybutylene pipe, poly vinyl chloride (PVC) pipe, or copper tube may be used for potable water service connections.

a.

Corrugated galvanized steel pipe may be circular or pipe arch in section, and shall conform to ASSHTO specifications. Pipe shall be Type I or II with a Type A asphalt coating.

b.

Reinforced concrete pipe shall be circular or elliptical in section, Class III for a D load of 2000 pounds per lineal foot or greater, with joints using round rubber gaskets conforming to the FDOT Standard Specifications.

(c)

Headwalls and tailwalls. Headwalls and tailwalls for culverts and storm drain outfalls shall be in accordance with the County Standard Engineering Details. Rip-rap shall be composed of sand-cement or rubble conforming to the FDOT Standard Specifications.

(d)

Manholes, etc. Manholes, handholes, inlets, and junction boxes shall be of precast reinforced concrete, or cast-in-place reinforced concrete.

(1)

Concrete for cast-in-place and precast structures shall conform to the requirements elsewhere in these requirements.

(2)

Reinforcing for cast-in-place and precast structures shall conform to the requirements elsewhere in these requirements.

(3)

Precast structures shall be subject to approval of design, materials and fabrication details submitted prior to installation.

(4)

Castings. Frames, grates, and covers shall be of cast iron for installations where flues with the adjacent grade and subject to vehicular loads. Cast iron covers for manholes shall be designed for traffic bearing and shall weigh not less than 130 pounds. Covers shall have raised integral-cast letters reading "Sanitary Sewer," "Storm Sewer," "Electric," "Telephone," or similar lettering explaining use and purpose of structure. Cast iron grates for inlets shall be designed for traffic bearing and shall have sufficient open area to pass the calculated maximum stormwater surface flow. No opening shall be greater than one inch in least dimension with lesser openings used where pedestrian safety is consideration.

(e)

Fire hydrants.

(1)

Fire hydrants shall have one 5¼-inch valve opening, two 2½-inch hose connections, one 4½-inch pumper connection (measured on the inside diameter) and six-inch diameter inlet connection and shall conform to AWWA C502. Fire hydrants shall be painted with Safety Yellow enamel, and shall have the bonnet painted to the standard for the actual water flow (AWWA and NFPA Standards) when tested for the installed hydrant. Hose connections shall have National Standard hose coupling thread.

(2)

Hydrants shall have full safety chains installed on each cap.

(3)

Hydrant spacing, placement and number of hydrants shall meet the requirements as set forth in the Florida Fire Prevention Code (FFPC) which is the National Fire Protection Association (NFPA) Standard of NFPA 1, the NFPA Life Safety Code of NFPA 101, and all FFPC referenced standards in effect at the time of the permit application. The referenced code and standards shall be those adopted in accordance with State law and rules of the State Fire Marshal's Office.

(4)

Hydrants by type and manufacture shall meet the most recent standards in effect.

(LDR, § 14106; Ord. No. 2012-01, § 14106, 5-22-2012)

(a)

Pipe for gravity flow systems shall be laid to the invert elevation indicated but not less than one foot of cover above the pipe shall be provided except for culverts under private driveways where not less than six inches of cover above the pipe shall be provided. Pressure pipe shall have no less than 30 inches of cover. Joints shall be made according to the manufacturer's printed instructions. Damage to protective bituminous coatings shall be repaired. Poly vinyl chloride pipe, polyethylene pipe, polybutylene pipe, and acrylonitrile-butadiene styrene pipe shall be installed in accordance with ASTM Specification D2321.

(b)

Infiltration and exfiltration of pressure lines and gravity flow storm drains and sewage collection systems, shall meet the quality control provisions of these requirements.

(c)

Covers and grates for manholes and inlets subject to vehicular traffic shall meet H-20 traffic rating for lids and grates in traffic areas and rights-of-way.

(d)

Valve box shall be placed over every valve installed in public rights-of-way. The top of the box shall be flush with pavement surface or finish grade. Valves should preferably be located in pavement.

(e)

Jacking of pipe under existing pavement may be approved subject to special requirements.

(LDR, § 14107; Ord. No. 2012-01, § 14107, 5-22-2012)

(a)

General. Grading for construction of roads, utilities and drainage facilities shall conform to the requirements of the County Standard Engineering Details and the project plans for which the construction permit was issued. Grading as specified herein includes that required for earth areas adjacent to road construction, for drainage facilities; and grading required following the installation of underground facilities. Grading of stabilized subgrade, shoulders, and the finishing of base course is included in other sections of this division.

(b)

Rough grading. Rough grading prior to road construction shall bring the entire right-of-way to the approximate finish grade as indicated and ready for additional construction as required. Road construction shall not proceed until adequate drainage facilities are installed, either permanent or temporary, to accommodate and dispose of stormwater runoff without endangering the construction progress.

(c)

Finish grading. Earth surfaces in road rights-of-way, drainage swales and drainage basins shall be brought to the elevations shown with a smooth surface ready for grassing. Finish of road shoulders and road swales shall only be done after road construction is satisfactorily completed. Areas around culverts, headwalls and tailwalls shall be carefully sloped to a neat and finished appearance. After completion of the installation of underground facilities the surface shall be carefully restored to the grade indicated, or in the case of utilities installed in areas where no surface construction is contemplated, the surface shall be restored to its original condition prior to the installation of the underground facilities.

(LDR, § 14108; Ord. No. 2012-01, § 14108, 5-22-2012)

(a)

General. This section includes street name signs, traffic regulatory and warning signs, delineators, temporary signs, barricades and warning devices. The term "street," as used in this section, shall mean any public right-of-way.

(b)

Materials.

(1)

General. All sign materials shall conform to the Manual on Uniform Traffic Control Devices and the Manual on Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations.

(2)

Street name signs shall be produced from blanks of aluminum alloy 6061-T6 conforming to ASTM Specification B209 treated with Alodine 1200, Iridite 14.2 or Bonderite 721 prior to application of sheeting. Blanks shall be 0.080 inches thick and six inches high by either 24, 30, or 36 inches in width as required to accommodate the sign message. Corners shall be rounded. All street signs shall be covered on both sides with Type A green vacuum-applied reflective sheeting conforming to the DOT Standard Specifications. Letters and numbers shall be silver upper-case standard alphabet Series C of the Federal Highway Administration. Letters and numbers shall be four inches for street name or quadrant numbers.

(3)

Mounting brackets for street signs shall be die cast form aluminum alloy Cs43A conforming to ASTM Specification B108 (SAE#380). Post top bracket shall be designed for mounting on posts as specified herein. Slots in post top bracket and two-way bracket shall have two allen-head recessed set screws to secure each sign plate. A similar screw shall be used to secure the post top bracket to the post.

(4)

Posts for street name signs shall be galvanized round steel posts 2.375 inches in outside diameter weighting two pounds per foot or galvanized square steel posts two inches in outside dimension and weighing 1.6 pounds per foot. Posts shall not be less than ten feet in length and mounting height to top of sign shall be eight feet.

(5)

Traffic regulatory and warning signs shall be made from materials as specified for street name signs. The size, shape, legend, and color shall conform to the requirements for conventional roads in the Manual on Uniform Traffic Control Devices.

(6)

Posts for regulatory and warning signs shall be rail steel-U channel posts weighting not sell than two pounds per lineal foot. The post cross section shall conform to applicable construction detail of these requirements. The post shall be perforated on the mounting flange with 5/16 inch holes spaces at one-inch centers beginning at one end of the post and providing no less than 60 holes. The post shall be factory painted after fabrication with a green baked-on resin enamel.

(7)

Delineators shall be Type B amber reflectors conforming to the applicable requirements of the DOT Standard Specifications. Posts and accessories shall conform to the requirements for regulatory and warning signs herein except that posts shall be four feet in length.

(8)

Fasteners. Bolts and nuts for securing sign faces to posts shall be Class A conforming to ASTM Specifications A307. Bolts, nuts and flat washers shall be galvanized conforming to ASTM Specification A123 or cadmium plated conforming to ASTM Specification A165.

(9)

Temporary signs, barricades, and warning devices advising the public of hazardous conditions or construction in process shall conform to the requirements of the FDOT Design Standards 600 Series.

(LDR, § 14109; Ord. No. 2012-01, § 14109, 5-22-2012)

(a)

General. Sign installation shall conform to the County Standard Engineering Details and the provisions of the FDOT Design Standards for standard installation locations.

(b)

Posts shall be set to the minimum depth indicated and checked for vertical alignment with spirit level.

(c)

Sign faces shall be oriented normal or parallel to the right-of-way lines as applicable.

(d)

Fasteners shall be securely installed using specified hardware. Galvanized or cadmium plat flat washers shall be used behind each nut and bolt head.

(e)

Speed limit signs shall not be erected until the Board of County Commissioners has established the legal speed limit.

(f)

Temporary signs, barricades, and warning devices shall be installed and used in accordance with the requirements of the FDOT Design Standards 600 Series.

(LDR, § 14110; Ord. No. 2012-01, § 14110, 5-22-2012)

(a)

General. This section includes sodding and seeding with associated work such as mulching, fertilizing, and watering.

(b)

Materials.

(1)

Sod shall be established, well rooted common Bermuda grass, Saint Augustine grass, Centipede grass, Pensacola Bahia grass or Argentina Bahia grass except that where sodding replaces or is adjacent to established private lawns, similar grass material to that existing shall be used. Sod shall be obtained in commercial size rectangles and shall be alive, fresh and uninjured at the time of planting.

(2)

Mulch material shall be dry straw of hay or oat, rye, Bermuda or Bahia grass free of weeds and undesirable grasses.

(3)

Seed shall be Pensacola or Argentine Bahia grass and varieties of Pearl millet and rye grass. Bahia grass seed shall be scarified and certified for a minimum active germination of 40 percent and a total germination of 85 percent.

(4)

Fertilizer shall be a commercial product complying with all State regulations. Liquid or solid fertilizer may be used. The chemical composition shall be rated as 12-8-8 (total nitrogen, available phosphoric acid, water-soluble potash).

(c)

Workmanship.

(1)

General. Either seeding or sodding may be used except where sodding is specifically required. Work shall not begin until grading is approved. Lack of rain after planting shall not excuse the results of seeding or sodding as required in other sections.

(2)

Sodding shall be solid with edges staggered where possible. Each section shall be placed in full contact with the soil.

(3)

Seed and fertilizer may be spread by mechanical spreaders which are independently operated or operated as a part of the cultipacker or grain drill. Mulch is not required but if used, mulch shall be cut into the soil with a rotovator or other approved device. A cultipacker or a traffic roller shall be used for rolling the seeded or seeded and mulched areas. Not less than 100 pounds of Bahia grass seed combined with ten pounds if millet or rye grass seed per acre shall be scattered uniformly over the area to be grassed. Not less than 200 pounds of dry fertilizer per acre shall be used. Liquid fertilizer shall be applied at a plant food rate equivalent to that of dry fertilizer but not less than five gallons per acre. Fertilizer shall be uniformly spread over the area to be grassed.

(LDR, § 14111; Ord. No. 2012-01, § 14111, 5-22-2012)

(a)

General. This section includes requirements for cast-in-place and precast concrete construction. The provisions of ACI Standard 301-72 apply except as otherwise specified herein.

(1)

Strength of concrete shall be 2,500 pounds per square inch unless a higher strength is shown. Only normal weight concrete shall be used.

(2)

Proportioning of ingredients shall be by Method 1.

(3)

Reinforcing steel conforming to ASTM A165 with a yield strength no less than grade 40 shall be used.

(4)

Welding wire fabric shall conform to ASTM A185.

(5)

Premolded expansion joint filler shall conform to ASTM D1751 or D1752.

(6)

Joint sealer shall conform to ASTM specification D1190.

(7)

Liquid curing compound shall conform to AASHTO Specification M148-60 Type 1.

(8)

Curing paper shall conform to AASHTO Specification M139-60.

(b)

Construction.

(1)

General. Concrete sidewalk shall conform to the County Standard Engineering Details and the FDOT Standard Specifications except that either white pigmented curing compound or curing paper shall be used for the entire 72-hour curing period.

(2)

Concrete curb, and concrete curb and gutter shall conform to the County Standard Engineering Details and the FDOT Standard Specifications.

(LDR, § 14112; Ord. No. 2012-01, § 14112, 5-22-2012)

(a)

General. This section includes requirements for testing and inspection. Testing services shall be performed by an acceptable independent laboratory and inspection services shall be performed by the County Engineer or his/her designee.

(b)

Testing of workmanship, etc. Testing services shall include the testing of workmanship and field in-place materials or material mixtures for compliance with the requirements of this section using the following test methods. Quality control provisions for manufactured or mined materials are included in other sections.

(1)

Test methods.

a.

Laboratory maximum density of soils or soil mixtures at optimum moisture shall be determined by AASHTO T-80 for road subgrade, base course, pipe trenches and all other applications.

b.

Field density of base course, stabilized subgrade, and soils or soil mixtures in fill or backfill shall be determined by nuclear gage in accordance with current ASTM Standard.

c.

Bearing value of soils and soil mixtures shall be determined by the methods required for determining lime rock bearing ratio (LBR) according to DOT Bulletin 22.

d.

Concrete shall be sampled and tested in accordance with ASTM C172, C31 and C39, or current editions thereof.

e.

Stability of asphaltic concrete shall be determined by the Marshall Method according to AASTO T245.

f.

Infiltration or exfiltration tests to determine leakage of gravity piping systems shall be made by direct measure of quantities gained or lost.

g.

Pressure tests to determine leakage of pressure piping systems shall be made by pressurizing a closed system and determining the water loss over a specified period of time.

h.

Extraction tests for asphaltic concrete mixture shall conform to ASTM D2172, or current edition thereof.

(c)

Testing requirements.

(1)

Stabilized subgrade shall be tested for LBR and field density. LBR value shall not be less than 40 and field density shall not be less than 96 percent. A minimum of two samples per mile shall be tested for LBR but not less than one test shall be taken for each section of road between intersections or between an intersection and the termination of a road at a cul-de-sac or dead end. Additional tests for LBR value shall be taken if, in the opinion of the County Engineer or project engineer, a change in soil mixture is evident. Field density tests shall be at intervals not to exceed 500 feet but not less than two tests shall be taken for each section of road between intersections or between an intersection and the termination of a road at a cul-de-sac or dead end. The finished surface shall be checked with a template cut to the required cross section and with a 15-foot straight edge laid parallel to the centerline. All irregularities greater than one-half inch shall be corrected by scarifying and adding material. The surface shall be checked transversely at intervals not to exceed 100 feet and as required in a longitudinal direction. The completed stabilized subgrade shall be checked for width and depth at intervals not to exceed 200 feet. No less than the required width each side of the centerline shall be acceptable. The grade of the stabilized subgrade shall be checked for proper relation to the finish crown grade. Excess material shall be removed providing the minimum required thickness of stabilized subgrade remains. Low grades may be made up by extra thickness of base course material.

(2)

Base course shall be tested for field density. Density shall not be less than 96 percent of maximum density. Field density tests shall be at intervals not to exceed 500 feet. No less than three tests shall be taken on the base course compacted each day and no less than two tests shall be taken for each section of road between intersections or between an intersection and the termination of a road at a cul-de-sac or dead end. The finished surface shall be checked with a template cut to the required cross section and with a 15-foot straight edge laid parallel to the centerline. All irregularities greater than one-quarter inch shall be corrected by scarifying and adding material. Measurements shall not be taken in holes where rock particles were lifted from the surface. The surface shall be checked transversely at intervals not to exceed 100 feet and as required in the longitudinal direction. The base course shall be checked for width and depth at intervals not to exceed 200 feet. No less than the required width and depth shall be acceptable. The base course shall be checked for proper centering in the right-of-way at intervals not to exceed 200 feet. No less than the required width and depth shall be acceptable. The base course shall be checked for proper centering in the right-of-way at intervals not to exceed 200 feet. A wider width of base course than is required will be permitted providing that the underlying stabilized subgrade extends no less than 18 inches beyond the edge of the base course. A narrower width of base course than us required shall not be permitted. The grade of the base course shall be checked for proper relation to the approved finish crown grade. Low grade may be corrected by adding material providing the minimum thickness of the base course remains.

(3)

Asphaltic concrete surface course. Extraction and Marshall stability tests shall be taken on the material placed on each one-half mile of road but at least one test for extraction and Marshall stability shall be taken for material that is placed each day. Extraction tests for quantitative analysis of the material shall not be required if the independent testing laboratory has continuous supervision of the plant while material for the project is being manufactured. The finish surface shall be checked with a template cut to the required cross section and with a 15-foot straight edge laid parallel to the centerline. The surface shall be checked transversely at intervals not to exceed 100 feet and as required in the longitudinal direction. All irregularities greater than one-quarter inch shall be corrected by complete removal of the surface course to a saw-cut edge on each side of the defective area and the replacement of the material to acceptable surface tolerances. The finished grade shall be checked for conformance to approved finish crown grades. A maximum variation in grade of one-half inch shall be permitted but minimum required thickness of surface course shall be provided.

(4)

Stabilized shoulder shall be tested as required for stabilized subgrade herein except that LBR values shall not be less than 25, and the field density shall be taken at intervals not to exceed one-quarter mile on the stabilized shoulder on each side of the road.

(5)

Infiltration and exfiltration of gravity piping systems shall be tested by plugging the upstream and downstream ends of the section being tested. Sections below groundwater level shall be tested for infiltration by pumping out all water and measuring the quantity of infiltration for a specified time interval. Sections above groundwater level shall be tested for exfiltration by filling the section with water to the rim of the downstream manhole and measuring the loss for a specified time interval. Infiltration shall not exceed 500 gallons per inch of pipe diameter per day per mile of pipe. Testing shall only be required for gravity piping systems within public rights-of-way.

(6)

Leakage if pressure piping systems shall be tested by pressurizing the section to be tested to 50 pounds per square inch in excess of the design working pressure but not less than 75 pounds per square inch. Leakage from the system after a period of time of one hour shall be not more than that determined by the formula L=ND P/1850, where L is the allowable leakage in gallons per hour that must be supplied to the system to maintain the specific test pressure after the air has been expelled and the system is filled with water; N is the number of joints in the system being tested; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the leakage test in pounds per square inch gauge. Testing for pressure loss shall only be required for pressure piping systems within the public rights-of-way.

(7)

Pipe trenches under existing or proposed roads or within four feet thereof shall be backfilled and compacted in layers not to exceed six inches in thickness. Field density shall be performed on all compacted fill at a frequency not to exceed 12 inches of compacted material. On all layers under and adjacent to paved surfaces or surfaces intended for vehicular traffic, no less than 95 percent of maximum density for any test shall be acceptable. Test on each layer shall be taken at intervals not to exceed 300 feet, except that a minimum of one such test shall be taken on each transverse crossing each lane of a road or proposed road. Where pipe trenches are not, and are not expected to be, within four feet of existed or proposed roads, each layer shall be compacted and tested for field density and no less than 90 percent of maximum density shall be acceptable for each test. Tests on each layer shall be taken at intervals not to exceed 300 feet. Trenches for pipe or cable which are less than six inches in width at the surface are exempt from the compaction requirements herein except where existing pavement is cut.

(LDR, § 14113; Ord. No. 2012-01, § 14113, 5-22-2012)

Inspection services shall include field examination for compliance with all requirements herein, as well as any additional requirements determined by the County Engineer to be in the best interest the County.

(1)

Dimensional inspection. All construction shall be inspected before concealment to determine compliance with all depth, width, height, thickness and other dimensional requirements.

(2)

Materials inspection. All materials used in construction which are not controlled by the testing requirements of Section 20-1737 shall be inspected for compliance with the provisions of other sections of these requirements. Manufacturer's certificates of compliance with the requirements of these requirements shall be furnished when requested.

(3)

Certification of satisfactory completion as required herein shall include certification to both testing and inspection without qualification as to either. The project engineer is responsible for testing only to the extent of the receipt and review of all required satisfactory test results from the independent testing laboratory and manufacturer's certification prior to the issuance of his certificate.

(LDR, § 14114; Ord. No. 2012-01, § 14114, 5-22-2012)

No final plat for the re-subdivision of platted lands will be accepted for recording unless the underlying plat is vacated or a petition has been filed so that the vacation may be acted upon simultaneously with the acceptance of the new plat. The County will assist in the preparation of required notices, petitions and resolutions to the extent deemed necessary. The procedure shall be as follows:

(1)

Payment of application fee set by the Board of County Commissioners.

(2)

Prepare notice of intention to vacate plat (or portion of plat).

(3)

Publish notice of intention to vacate plat (or portion of plat) in a newspaper of general circulation within the County in not less than two weekly issues. Request proof of publication.

(4)

Prepare petition for the vacation of plat and resolution to vacate plat.

(5)

Provide Development Director with copy of petition and resolution for verification of description.

(6)

County staff will schedule appearance before the Board of County Commissioners on the petition for the vacation of plat. Proof of publication for the vacation of plat together with proof of ownership and certification that all taxes have been paid must be provided. If the plat is within the corporate limits of a municipality, a certified copy of a resolution by the governing body of such municipality is required indicating that such governing body concurs with the proposed vacation.

(7)

The vacation shall not become effective until the resolution for the vacation of the plat has been filed in the Office of the Clerk of Circuit Court and recorded in the public records.

(LDR, § 14201; Ord. No. 2012-01, § 14201, 5-22-2012)

The Board of County Commissioners may order the vacation and reversion to acreage of all or any part of a platted subdivision within the unincorporated area of the County, including the vacation of streets or other parcels of land dedicated for public purposes or any part of such streets or other parcels, when:

(1)

The plat of the subdivision was recorded in the public records not less than five years before the date of such action;

(2)

In the subdivision, or part thereof, not more than ten percent of the subdivision area has been sold as lots by the original subdivider or direct successor; and

(3)

The Board of County Commissioners finds that the proposed vacation and reversion to acreage of the subdivided land conforms to the comprehensive plan of the area, and that the public health, safety, economy, comfort, order, convenience and welfare will be promoted thereby.

Before acting on a proposal for vacation and reversion of the subdivided land to acreage, the Board shall hold a public hearing thereon with due public notice. The Board may simultaneously amend the LDR on the subdivided lands being vacated as may be deemed advisable in view of the conditions that will exist subsequent to such reversion to acreage. The owner of any parcel of land in a subdivision shall not be deprived of reasonable access to such parcel nor of reasonable access therefrom to existing facilities to which such parcel has theretofore has access as a result of the reversion to acreage of any part of the subdivision. Such access remaining or provided for after such vacation need not be the same as that therefor existing, but shall be reasonably equivalent thereto.

(LDR, § 14202; Ord. No. 2012-01, § 14202, 5-22-2012)

The process for vacation of rights-of-way is as follows:

(1)

Prepare a petition and resolution to declare public hearing.

(2)

Provide Development Director with copy of petition, resolution, and a description of the subject road prepared by a registered surveyor.

(3)

Schedule appearance before the Board of County Commissioners to present petition and request adoption of resolution to declare public hearing.

(4)

Contact Development Director and arrange visit to the site. The petitioner will determine width and length of road or roads to be closed and an accurate survey will be provided by the petitioner. The County will erect signs at appropriate locations advising of the public hearing.

(5)

Prepare notice of public hearing to close and abandon road.

(6)

Publish notice of public hearing to close and abandon road in local newspaper of general circulation one time at least two weeks prior to hearing date. Request proof of publication.

(7)

Prepare resolution to close and abandon road.

(8)

Prepare notice of adoption of resolution.

(9)

Attend hearing with resolution to close and abandon road and proof of publication. In order for the Board to approve the right-of-way vacation at the public hearing, the Board must make the find that all of the following requirements are met:

a.

The requested vacation is consistent with the traffic circulation element of the Comprehensive Plan.

b.

The right-of-way does not provide the sole access to any property. The remaining access shall not be by easement.

c.

The proposed vacation would not jeopardize the current or future location of any utility.

d.

The proposed vacation is not detrimental to the public interest, and provides a positive benefit to the County.

(10)

If the resolution is adopted by Board, publish notice of adoption of resolution one time in local newspaper of general circulation within 30 days of adoption of resolution. Request proof of publication.

(11)

Record proof and publication of notice of public hearing to close and abandon road, the resolution to close and abandon road, as adopted, and the proof of publication of the notice of adoption of resolution.

(LDR, § 14203; Ord. No. 2012-01, § 14203, 5-22-2012)

The purpose of this division is to regulate reasonably and uniformly the location of sexually oriented entertainment establishments throughout the County in order to prevent and reduce the adverse secondary effects on the public health, safety, and welfare which, as the United States Supreme Court has recognized, may be "caused by the presence of even one such establishment." City of Erie v. Pap's A.M., 529 U.S. 277 (2000). The provisions of this division, acting alone or together with other applicable provisions of the County ordinances, have neither the purpose nor effect of imposing a limitation or restriction of the content of any communicative materials, including sexually oriented entertainment material. Similarly, it is neither the intent nor effect of this division to restrict or deny access by adults to sexually oriented entertainment material or to any expression protected by the First Amendment of the United States Constitution or by the State Constitution, or to deny access by distributors and exhibitors of sexually oriented entertainment materials to their intended markets. This division is based upon the fundamental zoning principle that certain uses, by the very nature of the adverse secondary effects such uses are recognized to have upon the surrounding community, must be subjected to particular restrictions so that such uses may exist without destroying the value, vitality, or existence of other lawful and reasonable uses. The sole purpose of the legislative body of the County in enacting the ordinance from which this division is derived is the desire to preserve and protect the quality of life, public health, safety, and general welfare of the citizens of the County and not to suppress free speech or impair the constitutional rights of any person or group of persons. Nothing herein shall be construed to authorize a commission of any obscenity offense or other criminal defense as proscribed by the laws of the State, the County, or the laws of any local government within the County.

(LDR, § 14400, intro. ¶; Ord. No. 2012-01, § 14400, 5-22-2012; Ord. No. 2014-05, att. A, § 30, 10-28-2014)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult arcade means a place to which the public is permitted or invited wherein coin-operated, slug-operated or token-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore means an establishment that advertises, sells or rents adult material, or offers for sale or rent adult material, unless:

(1)

Admission to the establishment is not restricted to adults only;

(2)

All adult material is accessible only by employees;

(3)

The gross income from the sale and/or rental of adult material comprises less than ten percent of the gross income from the sale and rental of the goods or services at the establishment; and

(4)

The individual items of adult material offered for sale, rental or display comprise less than 25 percent of the total individual new items publicly displayed as stock in trade in any of the following categories: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, VHS format videotapes, BETA format videotapes, slides, or other visual representations, including, but not limited to, compact discs (CDs), laser discs, and digital video discs (DVDs), recordings or other audio matter, or less than 25 percent of the individual used items publicly displayed at the establishment as stock in trade in the same categories set out in this subsection.

Any establishment that has food, beverages, tobacco products or other grocery products as more than 75 percent of its sales shall not be considered an adult bookstore.

Adult booth means a separate enclosure inside a sexually oriented entertainment establishment, accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a peep show booth, adult arcade booth, or other booth used to view sexually oriented entertainment material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult photographic or modeling studio means and includes any business entity which offers or advertises as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas or the modeling of apparel that exhibits specified anatomical areas.

Adult theater means an enclosed building or an enclosed space within a building, or an open-air area used for presenting either filmed or live plays, dances, or other performances, either by individuals or groups, distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. An establishment which has adult booths or an adult arcade is considered to be an adult theater.

Alcoholic beverage means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.

Applicant means any business entity or person that has applied for a sexually oriented entertainment use permit.

Business entity means any and all persons, natural or artificial, including any individual, firm, enterprise, corporation, company or association operating or proposed to operate for commercial or pecuniary gain. The application of the phrase "operate for commercial or pecuniary gain" shall not depend upon actual profit or loss. Moreover, operation for commercial or pecuniary gain shall be presumed where the business entity has an occupational license. The term "business entity" includes any enterprise or venture in which a person sells, buys, exchanges, barters, deals or represents the dealing in anything or object of value, or offers or renders services for compensation.

Child care facility refers to any child care center or child care arrangement which provides child care for one or more children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit, including, but not limited to, any children's center, day nursery, nursery school, kindergarten, family day care home, summer day camps, summer camps having children in full-time residence, and bible schools normally conducted during school vacation periods.

Employee means, when used herein in connection with a sexually oriented entertainment entity, a person who works or performs or provides services in connection with a sexually oriented entertainment entity, irrespective of whether such person is paid a salary or wage, is an independent contractor, pays for the privilege of working or performing or providing such services in connection with a sexually oriented entertainment entity, or works or performs or provides such services in connection with a sexually oriented entertainment entity without paying, provided such person has a substantial or consistent relationship with the business of, or with the entertainment, goods, or services provided by, the sexually oriented entertainment entity. In the context of sexually oriented entertainment entities, the term "employee" includes, but is not limited to, any performers, managers and assistant managers, stockpersons, tellers, and operators.

Industrial zoning district refers to a district located in the incorporated or unincorporated areas of the County, the municipal or county zoning designation of which allows industrial uses. At the time of enactment of the ordinance from which this division is derived, County industrial districts are limited to two categories: industrial light (IL) and industrial heavy (IH)).

Mixed use zoning district refers to a district located in the incorporated or unincorporated areas of the County, the municipal or County zoning designation of which allows residential use alone or in any combination with commercial or industrial uses.

Nates means the prominence formed by the gluteus maximus and gluteus medius muscles, typically superimposed by a layer of fat, the superior aspect of which terminates at the iliac crest, and the lower aspect of which is outlined by the horizontal gluteal crease.

Operator means any person or business entity who engages in or performs any activity which is necessary to, or which facilitates the operation of, a sexually oriented entertainment entity, including, but not limited to, any licensee, manager, owner, doorman, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, performer, employee, or supervisor. The term "operator" is not meant to include repairmen, janitorial personnel or the like who are only indirectly involved in facilitating the operation of the sexually oriented entertainment entity.

Patron means and includes any natural person other than an employee, operator, licensee, or governmental officer performing duties pursuant to this division or other law.

Physical culture enterprise means any business entity which offers, advertises, or provides massage, body rubs or scrubs, or physical contact with specified anatomical areas, whether or not the entity or its employees are licensed to perform such services. Business entities which routinely provide medical services by State-licensed medical practitioners, electrolysis treatment by licensed operators or electrolysis equipment, and massage establishments regulated by the State Department of Business and Professional Regulation, Board of Massage, and by F.S. ch. 480, shall be excluded from the definition of physical culture enterprise.

Place of worship means a site or premises, such as a cathedral, chapel, church, mosque, synagogue, tabernacle, temple, or similar place which is used for religious worship and religious activities, including religious education and customary accessory uses, by a body or organization of religious believers.

Private performance means engaging in specified sexual activities or the display of any specified anatomical area by an employee to a person other than another employee while the person is in an area not accessible during such display to all other persons in the sexually oriented entertainment establishment, or while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of all persons outside the area.

Public recreation area means a tract of land within an incorporated or unincorporated area of the County which is kept primarily for ornamental or recreational purposes and which is maintained as public property.

Residential zoning district refers to any district designated by the County or any municipality in the County exclusively for the use of residential structures and accessory structures and uses associated with residential structures including, but not limited to, garages, pools, and sheds. At the time of enactment of the ordinance from which this division is derived, residential districts designated by the County are limited to the following categories: RSF-l, RSF-2, RSF-3, RSF-4, RSF-5, RMF-6, RMF-8, RMF-12, MHP, MHS, RM, and RMF-M.

School means and includes the premises upon which there is operated a nursery school, kindergarten, elementary school, middle school or junior high school, high school, or exceptional learning center.

Sexually oriented entertainment means the offering, permitting, suffering, or allowing of private performances, whether knowingly or with reason to know, by any business entity. The term "sexually oriented entertainment" also shall be defined to include goods and services of any adult arcade, adult bookstore, adult booth, adult theater, special cabaret, physical culture enterprise, and adult photographic or modeling studios, as well as the activities, goods and services of any business entity whose primary business stock in trade is dependent upon, or related to, specified sexual activities or specified anatomical areas.

Sexually oriented entertainment entity refers to any business entity that offers, permits, suffers, or allows sexually oriented entertainment at any sexually oriented entertainment establishment, including, but not limited to, adult arcades, adult bookstores, adult photographic or modeling studios, adult theaters, and special cabarets.

Sexually oriented entertainment establishment means a site or premises, or portion thereof, upon which certain sexually oriented entertainment activities or operations are conducted.

Sexually oriented entertainment material means any one or of the following, regardless of whether new or used:

(1)

Books, magazines, periodicals or other printed matter, paintings, drawings, or other publications or graphic media, photographs, slides, films, motion pictures, videocassettes, digital video discs, or other visual representations, or recordings, or other audio matter, whether analog, digital, or otherwise, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Sexually oriented entertainment license means the written permission issued by the County to allow a sexually oriented entertainment entity to operate within the County in accordance with the requirements of this division.

Sexually oriented entertainment use permit means the written permission issued by the County to allow a sexually oriented entertainment establishment to be situated at a given location within the County, based on perceived compliance with all applicable zoning, land use, and development requirements.

Special cabarets means any bar, dance hall, restaurant, or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, lingerie models, or similar entertainers, or waiters or waitresses who engage in specified sexual activities or display specified anatomical areas.

Specified anatomical area means any of the following, alone or in combination:

(1)

Any less than completely or opaquely covered portion of:

a.

The human genitals or the pubic region;

b.

The cleavage of the nates of the human buttocks;

c.

That portion of the human female breast directly or laterally below a point immediately above the top of the areola; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed;

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered;

(3)

Any covering, tape, pasty, latex spray or paint or other device which simulates or otherwise gives the appearance or illusion of the display or exposure of any of the specified anatomical areas listed in Subsections (1) and (2) of this definition.

Specified sexual activity means:

(1)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(2)

Acts of analingus, bestiality, buggery, coprolagnia, coprophagy, copulation, cunnilingus, ephebophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia, urophagia, or zooerasty;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast;

(4)

Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3) of this definition.

(LDR, § 14400(A); Ord. No. 2012-01, § 14400, 5-22-2012; Ord. No. 2014-05, att. A, § 30, 10-28-2014)

(a)

The concerns raised in the legislative findings in this section relate to substantial and legitimate governmental interests, and while as of the time of adoption of the ordinance from which this division is derived by the Board of County Commissioners, no sexually oriented entertainment entities are operating within the County, the Board of County Commissioners has determined that the location of any sexually oriented entertainment entities that may be established in the County in the future should be reasonably regulated in order to protect those substantial and legitimate governmental interests.

(b)

The Board of County Commissioners finds that the adoption of the ordinance from which this division is derived is reasonably necessary to prevent crime, protect retail trade, maintain real property values, and shelter and preserve the quality of neighborhoods, commercial districts, and urban and suburban life in the County.

(c)

The Board of County Commissioners recognizes that sexually oriented entertainment, as a category of use, is associated with a broad range of adverse secondary effects, including, but not limited to, crimes against persons and property, risks to public safety, and negative impacts on surrounding real property.

(d)

In arriving at the findings herein, the Board of County Commissioners has considered reports, studies, judicial opinions, and other documents and materials concerning the adverse secondary effects of sexually oriented entertainment entities on communities in which they are located.

(e)

The Board of County Commissioners has determined that when sexually oriented entertainment entities are present and operating within a community, activities which are illegal or unhealthful tend to accompany them, concentrate around their locations, and be aggravated by them, including, but not limited to, prostitution, solicitation for prostitution, solicitation for alcohol, lewd and lascivious behavior, exposing minors to harmful materials, and drug-related offenses.

(f)

The Board of County Commissioners, recognizing that sexually oriented entertainment has deleterious effects on surrounding real property, particularly where sexually oriented entertainment establishments are geographically concentrated, finds special regulation of locations for sexually oriented entertainment to be necessary in order to protect real property surrounding sexually oriented entertainment establishments from blight and reduced property values.

(g)

The Board of County Commissioners finds that in order to achieve a reasonable and appropriate balance between the substantial and legitimate governmental interests in the public health, safety, and welfare of the residents of the County and the need to provide adequate locations for sexually oriented business entities to operate in the County, sexually oriented entertainment establishments should be geographically dispersed, rather than concentrated, to minimize the adverse secondary effects arising from them.

(h)

The Board of County Commissioners has determined that it is reasonable to require that any sexually oriented business establishment in the County should be situated no less than a distance of 2,500 feet from any other sexually oriented business establishment, whether or not the other sexually oriented business establishment is located within the County.

(i)

The Board of County Commissioners finds that in order to achieve a reasonable and appropriate balance between the substantial and legitimate governmental interests in the public health, safety, and welfare of the residents of the County and the need to provide adequate locations for sexually oriented business entities to operate in the County, sexually oriented entertainment establishments should be situated no less than 2,500 feet from any residential zoned property, place of worship, school, child-care facility, or public recreation area, or business entity serving alcoholic beverages.

(j)

The Board of County Commissioners finds that a reasonable and simple permitting procedure is an appropriate mechanism to place the burden of the regulation of the location of sexually oriented entertainment on the owners, operators and managers of sexually oriented entertainment entities.

(k)

Pursuant to F.S. ch. 163, the Board of County Commissioners has received a recommendation from its local planning agency regarding this division.

(LDR, § 14400(B); Ord. No. 2012-01, § 14400, 5-22-2012; Ord. No. 2014-05, att. A, § 30, 10-28-2014)

Sexually oriented entertainment establishments shall be allowed only within industrial zoning districts designated by the County or any municipality within the County, and then only if the following conditions are met at the time of submission to the County of an application for a sexually oriented entertainment use permit:

(1)

No sexually oriented entertainment establishment, including an adult bookstore operating only as an adult bookstore, may be located within 2,500 feet of any residential zoning district, or of any portion of a mixed use zoning district developed and utilized, or to be developed and utilized, for residential use, or of any home or other residential structure then existing or under construction and lawfully located within any zoning district, nor within 2,500 feet of any child care facility, place of worship, public recreation area, or school, regardless of whether the residential zoned district, mixed use zoning district, home or other residential structure, child care facility, place of worship, public recreation area, or school is located within the County.

(2)

No sexually oriented entertainment establishment may be located within 2,500 feet of any business establishment licensed by the State to sell or serve alcoholic beverages, regardless of whether the business establishment licensed to sell or serve alcoholic beverages is located within the County.

(3)

No sexually oriented entertainment establishment may be located within 2,500 feet of any other sexually oriented entertainment establishment regardless of whether the other sexually oriented entertainment establishment is located within the County.

(4)

The distance requirements set forth in Subsections (1) through (3) of this section shall be calculated based on the distance measured along a straight line, without regard to intervening structure or objects, from the nearest residential zoning district or portion of any mixed use zoning district developed or to be developed for residential use, or from the nearest property line of the child care facility, place of worship, public recreation area, school, business establishment licensed to serve alcoholic beverages, or other sexually oriented entertainment establishment, or from the nearest residential structure, in any zoning district, to the closest property line of the sexually oriented entertainment establishment, whichever of these distances is shortest.

(5)

Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any portion of this division or of any other section of this Code.

(LDR, § 14400(C); Ord. No. 2012-01, § 14400, 5-22-2012; Ord. No. 2014-05, att. A, § 30, 10-28-2014)

(a)

Permit required. No natural person or business entity shall be allowed to commence or continue to operate any sexually oriented entertainment establishment without first applying to and obtaining from the County Administrator or his authorized designee a valid sexually oriented entertainment use permit.

(b)

Application and classification. Every sexually oriented entertainment establishment proposed to be operated by a sexually oriented entertainment entity shall be classified as an adult bookstore, adult theater, adult photographic or modeling studio, physical culture establishment, or special cabaret, based on the information supplied by the applicant in the sexually oriented entertainment use permit application, and every proposed or operating sexually oriented entertainment establishment shall be subject to inspection from time to time by the County Administrator or his authorized designee for verification of any such claimed classification.

(c)

Single use. Only a single classification of sexually oriented entertainment use shall be allowed at any permitted sexually oriented entertainment establishment. Any change in the classification of sexually oriented entertainment permitted at a sexually oriented entertainment establishment shall only be allowed upon application and approval in advance to the County Administrator or his designee.

(d)

Application fees. At the time of application, an applicant shall pay the County a non-refundable initial application fee. The fee to be paid shall be established by resolution of the Board of County Commissioners in an amount the Board deems reasonable to offset the costs of processing the application and issuing the permit, including, but not limited to, any zoning, land use, and development review and inspections. The initial application fee shall be paid only one time by an applicant for any proposed sexually oriented entertainment establishment. If the application is subsequent to an original application and is made by the applicant solely to change the classification of a previously permitted sexually oriented entertainment classification at a given sexually oriented entertainment establishment to another sexually oriented entertainment classification, the applicant shall be subject to a reclassification fee, established by resolution of the Board of County Commissioners in an amount the Board deems reasonable to offset the costs of processing the application and conducting any inspections related thereto.

(e)

Information required on application. In order to obtain a sexually oriented entertainment use permit, at the time of application, the applicant shall provide, in addition to the aforesaid application fee, the following information:

(1)

Name, mailing address and telephone number.

(2)

Street address and a legal description of the property containing the proposed or existing adult use.

(3)

The particular sexually oriented entertainment classification proposed for the sexually oriented entertainment establishment.

(4)

A site plan, meeting all the requirements for development provided in the County land development regulations, of the proposed sexually oriented entertainment establishment.

(5)

Known locations of any child care facilities, places of worship, public recreation facilities, schools, business entities licensed to sell alcoholic beverages, or other existing or proposed sexually oriented entertainment establishments within approximately 2,500 feet of the proposed or existing location for which the sexually oriented entertainment use permit is being sought.

(6)

If the applicant's proposed location is that of an existing sexually oriented entertainment establishment, the date of commencement of operations as a sexually oriented entertainment establishment, including documentation of commencement if available.

(7)

If the applicant is not the record owner of the subject parcel, the application must include a letter, with the notarized signature of the record owner, purporting to be the record owner, stating that the applicant is authorized to seek a sexually oriented entertainment use permit for the premises.

(f)

Evaluation of application. Upon receipt of a completed application for a sexually oriented entertainment use permit, the County Administrator or his authorized designee shall inspect and evaluate the proposed location for the sexually oriented entertainment establishment. The inspection and evaluation shall be completed in no more than 45 days.

(g)

Decision on permit application.

(1)

Denial. Should it be determined that the location proposed in the application does not meet the distance requirements of Section 20-1796, or that the location is one where a valid sexually oriented entertainment establishment already exists, or is one for which a valid sexually oriented entertainment use permit has been issued or is in the process of being issued to another applicant, then within 15 days of completion of the inspection and evaluation of the proposed location for the sexually oriented entertainment establishment, the applicant shall be issued written notice that no permit shall be issued to the applicant for that location. Upon receipt of said notice, the applicant shall have ten days to request a hearing on the decision pursuant to the provisions of Subsection (i) of this section.

(2)

Issuance. Where it is found that the applicant's proposed location meets the distance requirements of Section 20-1796, and where no valid sexually oriented entertainment establishment exists and no valid sexually oriented entertainment use permit has been issued to another applicant, then the applicant shall be issued a permit for the location and classification disclosed pursuant to Subsection (e) of this section.

(h)

Conflicting applications.

(1)

The Board of County Commissioners recognizes the potential of creating nonconformities by granting sexually oriented entertainment use permits that conflict. The County Administrator shall develop a system for tracking potentially conflicting applications and for ranking them by date, time of application, and date of establishment. Between two or more applications being processed at the same time, which individually qualify under Subsections (a) and (b) of this section, but which would violate the provisions of Subsection (b) of this section if permits were to issue to multiple applicants, the applicant whose application was completed at the earliest date, as provided for in Subsection (e) of this section, shall be issued a permit pursuant to the provisions of Subsection (g)(2) of this section. The remaining applicant or applicants shall be issued a notice pursuant to the provisions of Subsection (g)(1) of this section, with a notation on said notice that the permit was denied due to the earlier submission of a conflicting application.

(2)

Within 30 days of the date of issuance of a denial of a permit pursuant to the provisions of Subsection (h)(1) of this section, an applicant may amend the application without additional charge to request a permit at a new proposed location; otherwise, the applicant must reapply for a sexually oriented entertainment use permit and pay all required fees for a new application.

(i)

Continuing validity of sexually oriented entertainment use permit.

(1)

The sexually oriented entertainment use permit signed by the County Administrator or his authorized designee shall be valid for a period of six months after issuance, during which time the applicant must apply for a sexually oriented entertainment use license pursuant to this division. The validity of such a permit may be extended by the County Administrator or his authorized designee one time for 90 days for good cause shown by the applicant.

(2)

Once legally established by the granting of a sexually oriented entertainment use license pursuant to this division, the sexually oriented entertainment use permit shall remain valid unless revoked pursuant to this division or terminated sooner by reason of the failure of the permit holder to have or maintain a valid sexually oriented entertainment use license pursuant to this division, or if the sexually oriented entertainment establishment has been abandoned or remains closed to the public for more than 14 consecutive days.

(3)

If the County Administrator or his authorized designee decides to revoke a previously valid sexually oriented entertainment use permit, the permit holder shall have the right to request a hearing, which shall be held by the County Administrator or his authorized designee. This hearing shall be commenced within 30 days of the date of the request for the hearing.

(j)

Variances. No variances, waivers, or special exceptions from the criteria set forth in this division shall be permitted for any reason.

(k)

Revocation of permit. The County Administrator may revoke a previously issued sexually oriented entertainment use permit on the following grounds, and shall notify the holder thereof in writing by service upon the then occupant of the entertainment entity, if present during daylight hours, and by certified mail, return receipt requested, to the permit holder of record:

(1)

False, misleading, or incomplete information was provided by the applicant in the application for the sexually oriented entertainment use permit;

(2)

There have occurred one or more convictions for violation of this division involving the sexually oriented entertainment establishment for which the sexually oriented entertainment permit was issued; or

(3)

Additional or different classifications of sexually oriented entertainment have taken place at the sexually oriented entertainment establishment than the single classification of sexually oriented entertainment authorized in the sexually oriented entertainment permit, in violation of Subsection (c) of this section.

(l)

Appeals of adverse final administrative determinations. With respect to any adverse final administrative determination made under this division by the County Administrator or his authorized designee, any party with standing thereafter may file a petition for a writ of certiorari with the Circuit Court for the 12th Judicial Circuit of Florida seeking a judicial review of the adverse final administrative determination.

(LDR, § 14400(D); Ord. No. 2012-01, § 14400, 5-22-2012; Ord. No. 2014-05, att. A, § 30, 10-28-2014)

(a)

When the LDRs require submission of an improvement plan, it shall meet the following requirements. The improvement plan in scope, detail and purpose shall be suitable for contracting and construction purposes. The plan shall show those subdivision improvements which are required, which are the subject of the improvement agreement, and which must be satisfactorily completed before the bond or other assurance is released. The improvement plan shall indicate location and construction details for all required subdivision improvements including, but not limited to, road construction, grading, drainage facilities, signs, grassing, and miscellaneous construction. No street lights, private signs or similar objects shall be placed in the public rights-of-way without prior approval of the Board of County Commissioners. Plans shall include all necessary dimensions, elevations, details, sections and notes which are necessary and desirable in order to clearly and exactly show the work to be done and the manner in which it is to be done. Design details shall conform to applicable construction details and engineering standard details. Reference to the LDR is required and permitted only to the extent of material requirements and quality control. Existing elevations must be shown by contours not to exceed one-foot intervals. All floodplains shall be shown by contour with the flood elevation noted. Topographic information shown must be certified by a registered land surveyor and shall meet the minimum technical standards for vertical control and topographic surveys if the topographic information is obtained by aerial methods, the name of the person or firm performing the service must be indicated. Contours obtained by aerial means shall not be used for establishing finish grades, calculating as to their accuracy due to dense ground cover or other reasons.

(b)

Under such conditions contours obtained from more reliable ground methods shall be used. The project surveyor is responsible for the reliability of topographic information shown. Stormwater runoff shall be collected within the subdivision and disposed of by acceptable methods. Calculations for runoff shall consider the entire contributory watershed including areas outside of the subdivision. The upland owners' interest shall be protected to the extent that the system is designed to receive runoff at the rate calculated for existing conditions. The downstream owners' interest shall be protected by limiting runoff to the rate calculated for the undeveloped condition. Adjacent public facilities may be utilized for disposal if it can be proven that capacity is sufficient. Natural disposal facilities within the subdivision may be used without further excavation if the project engineer can show that existing capacity is sufficient. The collection of stormwater runoff shall be by positive gravity means without the use of siphons, pumps or similar devices. For small drainage areas (less than 20 acres) where only peak discharges are needed the rational method (Q = ACI) is the preferred method. When using the rational method the rainfall intensity must be based on the latest available intensity-duration curves for Zone 8 as published by the Florida Department of Transportation for the 25-year storm event except as otherwise provided herein. For larger drainage areas where the complete hydrograph is needed or where flood routing is involved the recommended method is as shown in the applicable technical release of the Soil Conservation Service of the United States Department of Agriculture (SCS). In the more complex situations where reservoir routing, backwater analysis, or other hydraulic or hydrologic problems are encountered it will be necessary to use more elaborate techniques. This method shall be based on the 25-year 24-hour storm event of the National Weather Service and the United Stated Weather Bureau distribution and having rainfall depths increased by 21 percent to account for 48-hour antecedent rainfall. Flow capacity of ditches, channels, streams, and floodways may be determined using Manning's formula in those reaches where there is no possibility of backwater from constrictions downstream. Water surface profiles (backwater computations) should be used in all other instances and should start at a control structure or at the outfall. Coefficients for determining runoff, and the areas for each, shall be based on conditions of ultimate development of the subdivision. Culverts shall be designed to discharge the peak discharge from a ten-year storm event without static head at the entrance and a 25-year storm event utilizing available head at the entrance. Sheet or channelized flow across pavement shall not be permitted. The minimum size of culverts under roads shall be 15 inches for round pipe and 17 inches by 13 inches for arched pipe.

(c)

Culvert flow capacity shall be determined for the conditions of inlet and outlet control to determine which actually controls. The County Engineer reserves the right to require the project engineer to submit storm drainage calculations for review. The format for calculations should be conventional and assumed parameters must be listed. Percolation and soil test results must be shown. Soils identification must refer to the classifications conforming to ASTM D2487. Test holes shall be excavated to a six-foot depth. Test hole locations shall be shown on the improvement plan and the soil type or types and water table information found at each location shall be indicated in tabular form. Each print submitted shall bear the original signature and seal of the project engineer and the project surveyor, and each are responsible for information when within their particular field of practice. Percolation test results shall be shown on the improvement plan. One such test shall be taken for each ten acres of land or fraction thereof within the subdivision. Tests shall be spaced evenly throughout the subdivision and additional tests shall be taken where soil conditions change.

(LDR, § 14500(A); Ord. No. 2012-01, § 14500, 5-22-2012)

Three prints of the improvement plan shall be submitted. One print shall be returned to the project engineer with the notation of "Approved," "Approved as Noted" or "Not Approved," the latter requiring a re-submittal.

(LDR, § 14500(B); Ord. No. 2012-01, § 14500, 5-22-2012)