These regulations apply to the transportation system throughout Highlands County including bikeways, and pedestrian access. This article shall be construed and implemented to create an efficient, safe, and balanced system of traffic circulation accommodating vehicles, bicycles, and pedestrians. The minimum engineering design and construction standards of the transportation system are found in the Highlands County Technical Standards Manual, current edition.

(Ord. No. 05-06-30, § 76)

A.

A traffic impact study shall be prepared and submitted by an applicant seeking development approval for certain developments as part of the concurrency clearance required by these regulations. The requirements shall be as follows unless otherwise determined by the county engineer:

1.

Small projects. No traffic impact study will be required for developments generating less than one hundred fifty (150) average daily trips. Traffic impact from these developments will be reviewed by the county engineer who will assign driveway or road connection requirements in accordance with this article.

2.

Minor traffic impact analysis (TIA). Developments generating at least 150 but less than or equal to 1,000 average daily trips will be required to submit a minor (TIA). Requirements are explained in article 13 of this chapter, and in the Highlands County Technical Standards Manual, current edition.

3.

Major traffic impact analysis (TIA). A major TIA shall be required for all developments generating more than 1,000 average daily trips. Requirements for this study can also be found under article 13 of this chapter, and in the Highlands County Technical Standards Manual, current edition.

B.

Each traffic impact study shall be designed to predict the impact of the proposed development on the county's transportation system. In addition to the requirements of section 12.13 other administrative procedures, the following general information shall be provided as a part of the traffic impact study:

1.

A statement explaining the assumptions used in the study including existing average daily background traffic, background traffic growth rate, directional splits, average trip length, major attractions;

2.

Estimates and projections of average daily background traffic and the effect of projected development generated traffic on the level of service adopted by the county;

3.

The need for frontage or access roads parallel to the primary access road;

4.

The need for signalization; and,

5.

Provisions for maintaining the minimum level of service adopted by the county for affected roadways and affected intersections.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 46; Ord. No. 12-13-18, § 1)

A.

No development order or permit shall generally be issued which reduces the level of service for roadways which are established in the Transportation Element of the Highlands County Comprehensive Plan.

Roadway functional classification shall generally be the same as that defined by the Federal Highway Administration and the Florida Department of Transportation.

B.

Highlands County shall not accept any unpaved public road rights-of-way for maintenance. An exception to this is that unpaved public rights-of-way that are not under county maintenance as of July 24, 2001, Ordinance No. 00-01-23 of these regulations may be accepted for county maintenance if:

1.

All property owners contribute to the costs for construction of roads, drainage, and related improvements to county public (paved) road standards; and

2.

A minimum 60-foot public right-of-way exists which is contiguous to an existing paved county, city, or state maintained road.

C.

Assistance in upgrading unpaved county maintained roads. The county may assist affected property owners, on county maintained unpaved roads, in achieving the goal of a paved road if funds are contributed toward the cost of construction. The county will provide labor and equipment.

(Ord. No. 05-06-30, § 76; Ord. No. 12-13-18, § 2; Ord. No. 22-23-06, § 2)

A.

Access and circulation standards. Every preliminary site plan and preliminary plat prepared and submitted for development approval pursuant to these regulations, every application for a residential driveway permit, and every application for a driveway or road connection permit, shall demonstrate compliance with the vehicular access and circulation standards of this section.

1.

Guaranteed access. Every project shall have access to either a public county or state right-of-way (or both). Access to a state road is controlled and permitted by the Florida Department of Transportation in compliance with Chapter 14-97, F.A.C., State Highway System Access Management Classification System and Standards. The total number of access points to county roads shall be as follows:

Where two or more access points are required, the first access point must be constructed prior to issuance of building permits and the second access point must be constructed prior to the issuance of a building permit for the 76th unit. However, a bond or other form of surety guaranteeing construction of the improvements shown on the improvement plan or plat may be acceptable.

2.

Corner lot. Corner lots shall meet the following connection requirements:

a.

Where a lot meets the zoning requirements for road frontage and none of the above designs are possible, one full access driveway shall be allowed within the 25 percent of the lot that is farthest from the centerline of the intersection of the rights-of-way.

b.

Schools and/or uses requiring emergency vehicle access may have one additional access provided that the additional access drive is limited to school bus or emergency vehicle use only.

c.

A service/filling station may be allowed one additional point of access for each 150 feet of street frontage. Each access shall not exceed 30 feet in width and shall be separated from all property lines and all other access points by a minimum 15-foot curb island.

3.

All roads proposed in a new development shall be designed and constructed pursuant to standards and drawings in the Highlands County Technical Standards Manual, current edition. Roads, dedicated to the public, by recorded subdivision or by deed, shall be accepted by the county for maintenance according to the policy described in section 12.04.113 guarantees, sureties, improvements completion, and maintenance of these regulations.

4.

Private streets may be allowed within manufactured home parks, seasonal parks, planned unit developments, cluster/PUD developments, and all types of subdivisions. Streets in developments where individual lots are not proposed for sale may be designed and constructed to private road standards described in Highlands County Technical Standards Manual, current edition. Private streets in developments where individual lots are intended for sale shall be designed and constructed in compliance with public road standards described in Highlands County Technical Standards Manual, current edition, and a property owner's association must be established to provide maintenance pursuant to section 12.04.517 maintenance by condominium, owners' association, or co-op of these regulations.

5.

For development proposed on principal arterials or major collectors, the county engineer may require frontage or service roads, requiring access from the frontage road rather than the arterial or collector. This requirement may be met through interconnecting parking lots which abut the arterial or major collector facility. Where natural features cause this requirement to be physically infeasible, alternate designs may be approved.

6.

Separation between access points on all arterial roadways shall be as required by Chapter 14-97, F.A.C. However, two adjacent projects may share a common driveway provided that appropriate access easements are granted between or among property owners.

7.

All proposed rights-of-way shall be located and sized in compliance with section 12.09.104 roadway design standards of these regulations.

8.

The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area. Streets in proposed subdivisions shall be connected to rights-of-way in adjacent areas to allow for proper inter-neighborhood traffic flow. If adjacent lands are unplatted, stub outs in the new development shall be provided for future connection to the adjacent unplatted land.

9.

All structures, not including accessory or temporary uses, hereafter erected or relocated shall be on a lot adjacent to or abutting on a public street, or with access to a public street by means of a private street or easement which has been recorded in the Official Records of Highlands County, Florida.

10.

Reserved.

11.

Driveways and road connections to commercial building structures, subdivisions, manufactured home parks, seasonal parks, planned unit developments, and cluster/PUD developments shall be designed in compliance with the Highlands County Technical Standards Manual, current edition. Upon review and concurrence by the county engineer with the results and recommendations contained in the traffic impact study, deviation from the case drawing requirements may be allowed. A case might exist whereby off-site transportation improvements to another link or intersection impacted by the proposed development would create less hazardous or congested facilities.

12.

For the purposes of these regulations, the following terms are defined:

a.

Corner lot: A corner lot is a lot abutting upon two or more streets at a street intersection, or abutting upon two adjoining and deflected lines of the same street and thereby forming an interior angle of less than 135 degrees.

b.

Double frontage lot: This is a lot having two or more of its non-adjoining property lines abutting upon a street or streets.

13.

In residential developments, a driveway for a corner lot shall be located on the street having the lower, functional classification or in the case where roads have the same functional classification, on the roadway having the smaller ADT. Design and construction shall be according to section 12.09.103.A.1., 2, and section 12.09.105 driveway permits of these regulations.

14.

In nonresidential developments, a driveway entrance for a corner lot shall be located as determined by the designing engineer and approved by the county engineer as a part of the improvement plan or final site plan for the project. Design and construction shall be according to section 12.09.103.A.1., 2. and section 12.09.105 driveway permits of these regulations.

15.

If at all possible, lots in new development shall be designed so as not to be double frontage lots. Where this design cannot be accomplished or where an existing double frontage lot is encountered, a lot shall have a minimum 20 foot non-access buffer to isolate the double frontage lot from the fronts of other lots. A decorative fence, decorative hedging, or berm shall be installed in the non-access buffer. Plans for this screening shall be the same as for 20-foot transitional protective yards described in section 12.11 landscaping standards, of these regulations or as approved by the county engineer.

16.

Access to selected segments of the US 27 principal arterial highway will be controlled as per terms of a resolution adopted July 31, 1990, by the BCC which approves a joint Florida Department of Transportation - Highlands County Median Access Management Plan.

a.

Driveway connections to State roads will be as approved by the Florida Department of Transportation, and in addition, connections to SR 25 (US 27) will be in compliance with the adopted Median Access Management Plan and Chapter 14-97, F.A.C.

b.

Developers requesting authorization for the installation of signalization devices that would facilitate access to their development will be required to provide the county with documentation, i.e., studies, pedestrian counts, traffic counts, etc., that warrant signalization device requested.

c.

Under no circumstances shall the foregoing be construed to require the county to deny access to those properties adjacent to the corridor so as to constitute a "taking" of property under judicially established principles.

B.

Development within an adjacent municipality. Where development is proposed adjacent to a county maintained road, but the development site itself lies within a municipality, and the developer desires either a driveway connection or a drainage connection to the county road and right-of-way, the developer shall comply with county requirements contained in article 9, division 4 of article 12, and division 1 of article 13 of this chapter to the extent that these developments impact county roads, rights-of-way, or drainage systems just as if the development were in the unincorporated area of the county. This type development will be referred to in these regulations as adjacent development.

1.

The developer shall pay all fees required pursuant to the fee schedule adopted by the BCC and meet all application and deadline requirements pursuant to the requirements contained in article 9, division 4 of article 12, and division 1 of article 13 of this chapter and of the Highlands County Technical Standards Manual, current edition.

Exception: Irrigation and landscape plans will not be reviewed for on-site construction, nor will the per sheet review fee be charged on these two plans.

2.

Traffic impact study. County rules regulating traffic impact studies will apply to adjacent development.

3.

Guarantees, sureties, improvements completion, and maintenance: The requirements of section 12.04.113 of these regulations concerning the posting of sureties to guarantee completion of the work will apply to all construction within the county right-of-way resulting from adjacent development with the exception of small projects established pursuant to division 3 of section 1 of the Highlands County Technical Standards Manual, current edition. Small projects must meet the requirements of division 3 of section 1 of the Highlands County Technical Standards Manual, current edition. A final development order and permit authorizing work within the county right- of-way will not be issued until the developer/applicant has entered into an improvement agreement and posted security based on the engineer's signed and sealed cost estimate as described in the aforementioned section 12.04.113. Upon completion of the work, receipt of a signed and sealed certificate of completion and "as built" plan, and acceptance by the county engineer, the security will be returned to the developer/applicant. The maintenance agreement and surety mentioned in said section 12.04.113 will not be required.

4.

Building permits and certificates of occupancy. A standing agreement between Highlands County and the municipalities within the county is that the municipality will withhold issuing the building permit for adjacent development until the right-of-way construction plan is approved, and to withhold the certificate of occupancy until the county is satisfied that all right-of-way work is completed. The developer/applicant should take this into consideration when calculating the completion date for the project.

C.

Pedestrian access standards.

1.

Proposed development requiring site plan or improvement plan review abutting collector or arterial facilities shall provide sidewalks adjacent to the collector or arterial roadway. Location of sidewalks shall be consistent with planned roadway improvements.

2.

Where a proposed development includes improvements or new construction of collector or arterial facilities, facility designs shall include provisions for sidewalks and bikeways within the right-of-way.

3.

Design and construction of sidewalks, bikeways, or other footpaths shall conform to the specifications of the Highlands County Technical Standards Manual, current edition, including provisions for access by physically handicapped persons, and shall be a minimum of five feet in width, unless otherwise approved by the county engineer.

4.

Exemption. The following may be exempt from the requirement of constructing a sidewalk:

a.

Portions of developments proposed adjacent to the Florida Department of Transportation (FDOT) rights-of-way. Applicants shall consult with the FDOT for sidewalk requirements for state rights-of-way, a joint determination between FDOT and the county will be made as to whether a sidewalk will be required.

D.

Standards for drive-up facilities. All facilities providing drive-up or drive-through service shall provide onsite stacking lanes in accordance with the standards listed below.

1.

Drive-in facilities and stacking lanes shall be located and designed to minimize turning movements relative to driveway access to streets and intersections.

2.

Drive-in facilities and stacking lanes shall be located and designed to minimize or avoid conflicts between vehicular traffic and pedestrian areas such as sidewalks, crosswalks, or other pedestrian access ways.

3.

A bypass lane shall be provided.

4.

Stacking lane distance shall be measured from the service window to the property line bordering the furthermost street providing access to the facility, as measured along the centerline of the stacking lane.

5.

Minimum stacking lane distance shall be as follows:

a.

Financial institutions — a minimum distance of 200 feet; two or more stacking lanes may be provided which together total 200 feet.

b.

All other uses — a minimum distance of 120 feet unless otherwise noted in these regulations.

6.

Alleys or driveways in or abutting areas designed, approved, or developed for residential use shall not be used for circulation of traffic for drive-up facilities.

7.

Where turns are required in the exit lane, the minimum distance from any drive-up station to the beginning point of the curve shall be 34 feet. The minimum inside turning radius shall be 25 feet.

E.

Clear visibility triangle at street intersections. In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear visibility.

1.

Plantings placed in this triangle shall be in accordance with the provisions of the State of Florida Department of Transportation's Design Standards for Construction Operations on the State Highway System Index 546, current edition where appropriate.

2.

Reserved.

F.

Clear visibility triangle at driveways. In order to provide a clear view of the street, there shall be a triangular area of clear visibility.

1.

Plantings placed in this triangle shall be in accordance with the provisions of the State of Florida Department of Transportation's Design Standards for Construction Operations on the State Highway System Index 546, current edition where appropriate.

2.

Reserved.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 47; Ord. No. 13-14-02, § 28; Ord. No. 14-15-07, §§ 5, 6; Ord. No. 16-17-17, § 215; Ord. No. 19-20-09, §§ 91, 92)

A.

Right-of-way requirements.

1.

Widths. Right-of-way requirements for road construction shall be as shown in the Highlands County Technical Standards Manual, current edition and as follows:

2.

Private road rights-of-way, when allowed within subdivisions, shall be the same width as public rights-of-way.

3.

Where one-way private streets are utilized in manufactured home parks or seasonal parks, the minimum right-of-way width shall be 25 feet.

4.

Future right-of-way requirements are identified in the Transportation Element of the Highlands County Comprehensive Plan. Where roadway construction, improvement, or reconstruction is required to serve the needs of the proposed development project, rights-of-way shall be dedicated along with construction of roadway improvements and/or reconstruction of existing roadway improvements.

5.

A proposed development that encompasses an existing public street that does not conform to the minimum right-of-way requirements as set forth herein shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way required can be established. If the proposed development abuts only on one side of said street, then a minimum of one-half the required right-of-way shall be dedicated for future roadway improvements and/or reconstruction by the development.

6.

Commercial developments shall not maintain principal vehicular access on a local roadway unless otherwise permitted by the board of county commissioners.

B.

Protection of use of rights-of-way.

1.

No encroachment, including signs, landscape or irrigation, shall be permitted into existing rights-of-way, except for temporary use authorized by the BCC, or otherwise exclusively defined and allowed by these regulations.

2.

Use of the right-of-way for public or private utilities including, but not limited to, central wastewater, central potable water, telephone wires, cable television wires, gas lines, electricity distribution lines, sidewalks, and bicycle ways shall be allowed subject to the requirements of division 3 of article 14 of this chapter and the payment of any franchise fee or right-of-way use fee in effect. A utility permit shall be required from the county engineer in all cases.

3.

Electricity and gas transmission lines and appurtenant installations shall be located in existing transmission line easements and, where feasible, these transmission line easements shall be located away from arterial rights-of-way. Permits for transmission line construction, in both public and private easements, shall be required from the BCC, and shall require prior to issuance of the permit, evidence that all state and local requirements have been met, including county zoning requirements. Payment of any franchise fee or right-of-way use fee in effect from time to time shall also be required. (See section 12.14.300 of these regulations for details.)

4.

All other work within the right-of-way including, but not limited to, roadway improvements, drainage improvements, structures, pole installations, sidewalks, bicycle paths, or sign placements shall be allowed subject to the provisions of these regulations.

A utility permit and/or construction permit shall be required from the county engineer. Payment of any franchise fee or right-of-way use fee in effect from time to time shall also be required.

5.

No utilization of the right-of-way for parking shall be permitted, except as authorized by the BCC.

6.

Exemptions:

a.

Highlands County departments or agencies under contract to Highlands County, as authorized by the BCC.

b.

Mail boxes or newspaper delivery receptacles shall comply with the requirements of the U.S. Postal Service.

C.

Vacations of rights-of-way. Applications to vacate a right-of-way shall be reviewed by the BCC based on the following findings:

1.

The requested vacation is not inconsistent with the Traffic Circulation Element of the Highlands County Comprehensive Plan.

2.

The requested vacation complies with F.S. §§ 336.09—336.12.

3.

The right-of-way does not provide the sole access to any property.

4.

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

5.

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

D.

Minimum centerline radius. The minimum centerline radius shall be consistent with the Horizontal Alignment provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook), current edition.

E.

Collector intersections. New street entrances on roads designated or classified as collector streets shall not be less than 500 feet apart. However, the county engineer may reduce these requirements whenever it is determined that such action will not be contrary to the purpose of these regulations.

F.

Street jogs. Street jogs or center line offsets of less than 125 feet will not be allowed at intersections.

G.

Dead-end streets. Temporary dead-end streets may be permitted upon approval of the county engineer provided a temporary shellrock cul-de-sac is constructed at the closed end.

H.

Local and collector streets. Local and collector streets within developments shall be so laid out and designed that their use by through traffic and speeding traffic will be discouraged. Curvilinear design is recommended. Whenever a street changes direction or connecting right-of-way lines deflect from each other by more than ten degrees, a horizontal curve shall be provided.

I.

Reverse curves. A tangent of at least 100 feet shall be introduced between reverse curves on collector streets.

J.

Street name and number. All streets within a development hereafter established shall be named or numbered. No name or numbers shall be used which will duplicate or be confused with existing street names, and all names shall be approved by the E-911 section of the Highlands County Sheriff's Office and the Addressing Division of the county.

K.

Residential block length. In general, intersecting streets, which determine block length, shall be provided at such intervals as necessary to meet existing street patterns, topography, and requirements for safe and convenient vehicular and pedestrian circulation. Blocks, however, shall not exceed 1,800 feet in length, where possible, and straight lengths of local streets greater than 1,000 feet in length shall be avoided where possible.

L.

Cul-de-sac street. Permanently designed as such, a cul-de-sac street shall not exceed 1,000 feet in length unless otherwise approved by the county engineer, and shall be provided at the closed end (cul-de-sac) with a turnaround having an outside roadway diameter of at least 80 feet and a property line diameter of at least 120 feet. Each lot shall front on the cul-de-sac a minimum of 30 feet.

M.

Roadway specifications. Specifications for design and construction of roads and streets in compliance with these regulations are contained in the Highlands County Technical Standards Manual, current edition.

N.

Private street and roadways. Anyone who plats a lot or obtains a building permit for a lot utilizing a private or public non-county maintained road easement for access is required to complete and record the notice of non-maintained access form with the clerk of courts. Private street and roadway standards in compliance with these regulations are contained in the Highlands County Technical Standards Manual, current edition.

O.

Public non-paved roadways. Anyone who obtains a building permit for a lot utilizing a county maintained non-paved roadway for access is required to complete and record the "Notice of Non-Paved County Maintained Access" form with the clerk of courts. Standards in compliance with these regulations are contained in the Highlands County Technical Standards Manual, current edition.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, §§ 48—52; Ord. No. 16-17-17, §§ 216, 217; Ord. No. 19-20-09, §§ 93—95; Ord. No. 20-21-21, § 3; Ord. No. 23-24-33, § 5)

The purpose and intent of this section is to regulate the location, size, method of construction, and installation of driveways and road connections to the right-of-way; to provide for the efficient and safe operation of the county road system; and to protect the structural and physical integrity of roads and the associated stormwater management systems. The Highlands County Technical Standards Manual, current edition provides illustrations and references which represent the minimum design, construction and installation requirements for all driveways regardless of lot size, and those certain road connections which serve land divisions of ten acres or larger parcels pursuant to section 12.09.111, ten acre parcel road connections, of these regulations. For the purpose of these regulations, a distinction between driveways and road connections is made as follows:

A.

A driveway is used to connect a single lot, parcel, or tract to any road with the intention that no more than one or possibly two residential, commercial, or agricultural structures, or an undeveloped lot, tract or parcel will be served by the connection. Construction standards and permitting procedures for the various types of driveways are found in the Highlands County Technical Standards Manual, current edition. Certain driveways as described in this article are exempt from the development order process.

B.

A road connection is used to connect a public or private road to a public road, and applies to roads that connect such developments as subdivisions, manufactured home parks, seasonal parks, planned unit developments, and cluster/PUD developments to public roads, and includes roads in existing undeveloped recorded subdivisions. This type of connection will be subject to the requirements of this chapter as they might apply, unless specifically exempted.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 53)

A.

Driveway permit. A driveway permit shall be required for all developments proposing to construct a new driveway or road connection, or utilize an existing driveway or road connection as defined above within:

1.

The unincorporated areas of Highlands County; and/or

2.

The incorporated area, when the proposed connection is to a county maintained road, or a building permit is issued by the county.

B.

The applicant shall apply for a driveway permit using an application form established for such purpose by the BCC, and submitting it to the county engineer along with an application fee to be established by the BCC. The county engineer is charged with the responsibility of reviewing and approving the applications. A permit will not be required for the routine maintenance of a permitted driveway or road connection. However, where an existing permitted/unpermitted driveway is to be widened, its elevation is to be changed, and/or its design is to be substantially altered, a new permit will be required. For connections to a state road, an approved permit from the Florida Department of Transportation shall be submitted to the county engineer prior to commencement of construction.

C.

Driveway exemption. The county engineer may exempt an applicant from the requirement to obtain a permit and construct a driveway connection to any unimproved roadway which provides ingress and egress for the applicant's property. This exemption will not be allowed where a culvert is required. The exemption shall be conditioned upon the requirement that the applicant or his successor in title obtain a permit and construct a driveway connection at such time as the road is improved. The applicant shall submit a request for inspection to the county engineer along with the inspection fee as established by the BCC. No driveway requirement or permit will be waived without payment of this fee.

D.

Driveway time limits. A permit issued shall become invalid unless the work authorized is commenced within six months after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of six months after the time the work is commenced.

1.

If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction within the rights-of-way shall be obtained before proceeding with work.

2.

If a new permit is not obtained within 180 days from the date the initial permit was revoked, became null and void or expired, the county engineer is authorized to require that any work which has commenced or completed be removed from within the rights-of-way. Alternately, a new permit may be issued providing the construction in place meets all applicable regulations in effect at the time the initial permit was revoked, became null and void or expired; and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit.

3.

Work within the rights-of-way shall be considered to be in active progress when the permit has received an approved inspection within 180 days.

E.

Permit extensions. One or more extensions of time, for periods of not more than 180 days each may be granted for good cause shown upon written request submitted to the county engineer, or designee, prior to the expiration date of the driveway permit. When extending the driveway permit, the most current renewal fee as established by the BCC shall be required, and the permit shall be modified to be in compliance with any new provisions of these regulations in effect at the time of the extension request.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 54; Ord. No. 16-17-17, §§ 218, 219; Ord. No. 24-25-05, § 2)

The following conditions apply to an approved driveway permit:

A.

A driveway permit authorizes construction in the right-of-way, but the installation is for permissive use only and shall not be construed to create or vest any property right of the associated right-of-way to the permittee.

B.

The permittee as well as its successors or assigns, shall be responsible for construction, repair, and maintenance of the driveway, culvert and/or ditch modification until it is removed or unless specified otherwise by the county engineer. Maintenance shall include, but not be limited to, the removal of built-up material inside the culvert and replacement of the culvert and end treatments if failure occurs.

C.

If a change in use by the permittee, his successor or assigns creates undue disruption of traffic, or creates safety hazards at any time in the life of the driveway, the county engineer shall have the authority to require its alteration or relocation at the expense of the permittee, his successor or assigns.

D.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days.

E.

The driveway construction and installation work shall conform to the standards of these regulations; the county engineer may issue a "stop work" order for any violation of the permit conditions. The permittee must notify the county engineer of any modifications or revisions to the permit within 48 hours of the requested inspection. Failure to do so could result in the inspection failing or being delayed.

F.

All materials, equipment, and traffic control devices shall be subject to inspection by the county engineer.

G.

All property shall be restored equal to or better than its original condition, or to the satisfaction of the county engineer; all disturbed area within the right-of-way shall be sodded.

H.

The permittee shall notify all appropriate utility companies prior to the start of construction.

I.

For residential driveways, the lot or tract numbers or address shall be posted at the job site at front property corners, and also on the side property corners when the lot or tract is a corner lot, until final inspection.

J.

All applicable safety regulations of the Florida Department of Transportation and Occupational Safety and Health Administration shall be observed during construction and the permittee must take such measures, including placing and display of safety devices, as may be necessary to insure safety of the general public affected by the project.

K.

Highlands County shall not be responsible for any damages, claims or injuries that may occur because of the driveway construction, design, maintenance or continuing existence of the driveway.

L.

Form board layout inspections will be required by the engineering department (no additional fees will be required). The permittee shall request the form board inspection a minimum of 48 hours prior to the placement of any concrete or asphalt within the right-of-way.

M.

A copy of the approved permit shall be posted within the permit box located at the construction site.

N.

The permittee shall sign the following statement, which shall be placed on the permit: I certify this driveway shall comply with ADA requirements as shown in the Highlands County Technical Standards Manual, by constructing a five foot sidewalk section adjoining or within five feet of the property line as directed with a maximum cross slope of one and one-half percent, I will request a form board layout inspection from the county engineering department a minimum of 48 hours prior to the placement of any concrete or asphalt within the right-of-way.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 55; Ord. No. 16-17-17, § 220; Ord. No. 19-20-09, § 96; Ord. No. 21-22-26, § 2; Ord. No. 24-25-05, § 2)

The general intent of this article is to establish procedures for obtaining driveway permits and road connection permits such that the process is as simple as possible while maintaining compliance with the county's comprehensive plan.

(Ord. No. 05-06-30, § 76)

A commercial driveway proposed for construction at the same time as the commercial building structure requiring a final site plan approval, driveway permitting shall be a part of the final site plan submittal pursuant to section 12.04.103 commercial building structures, of these regulations. A driveway permit application, signed by the owner, will be submitted along with the final site plan or subdivision improvement plan. The driveway connection shall be designed and approved as part of the final site plan in full compliance with the requirements of this section and the Highlands County Technical Standards Manual, current edition.

A driveway proposed for an existing commercial building structure shall be designed in full compliance with the requirements of this section and the Highlands County Technical Standards Manual, current edition. Three copies of a site plan, signed and sealed by a professional engineer registered in Florida, and a driveway permit application, signed by the owner, shall be submitted to the county engineer. The review standards, testing and inspection requirements will be the same as for a driveway proposed for construction at the same time as the commercial building structure requiring a final site plan approval.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 56; Ord. No. 21-22-26, § 3)

Certain commercial driveways as listed in these regulations, which are exempt from the development order process, shall require submittal of three copies of a driveway permit application and a sketch of the proposed construction to the county engineer. The design and construction of the driveway shall conform to the applicable commercial driveway details shown in the illustrations in the Highlands County Technical Standards Manual, current edition.

(Ord. No. 05-06-30, § 76)

For road connections serving ten acre or larger parcel land divisions as described in these regulations, driveway permit applications will be required. Three copies of a driveway permit application along with a sketch of the proposed construction shall be submitted to the county engineer for review and approval. The design and construction of the road connection shall conform to the applicable commercial driveway details shown in the Highlands County Technical Standards Manual, current edition.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 57)

A driveway permit application, as required by section 12.09.106, shall be submitted to the county engineer. A single-family, duplex or manufactured home residential driveway shall be located, designed and constructed according to the illustrations for residential driveways in the Highlands County Technical Standards Manual, current edition, unless approved otherwise by the county engineer. When a roadside ditch closure is proposed by means of piping the full width of a residential lot, the side drain pipe and the driveway details shall conform to the details in the applicable illustration in the Highlands County Technical Standards Manual, current edition.

A.

Exception: Residential driveways, not concurrently associated with the construction of a single-family residence, duplex structure, or manufactured home, and where no building permit is being issued except for the concrete driveway itself, are exempt from the development order process, but not from the requirement to obtain all applicable permits, including driveway permits. Three copies of a driveway permit application along with a sketch of the proposed construction shall be submitted to the county engineer for review and approval. The residential driveway shall be located, designed and constructed according to the illustrations for residential driveways in the Highlands County Technical Standards Manual, current edition, unless approved otherwise by the county engineer.

B.

Exemptions: The following are exempt from the requirement of obtaining a driveway permit:

1.

All mobile home parks that are under single ownership and with privately maintained roadways.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 58)

When an existing residential or commercial driveway connection to a road is to be utilized to satisfy the requirements of these regulations, it must be inspected by the county engineer and found to be substantially in conformance with the standards of this section for the type of development that it is intended to serve. The applicant shall submit a request for inspection along with the inspection fee as established by the BCC. This provision does not apply when a new project is being designed by a registered professional engineer. When an existing connection to a state road is to be utilized, the owner must provide an approval letter from FDOT prior to a building permit being issued.

Where a structure, either commercial or residential, is being replaced, a driveway permit will be required. However, the applicant has the option, upon payment of an established fee, of having the county engineer's office inspect the existing driveway. If the driveway meets the requirements of these regulations no permit will be required. If the driveway does not meet current standards, a permit must be obtained and a driveway constructed in compliance with the applicable requirements of this section and other sections of these regulations.

Exemptions: The following shall be exempted from requirement of an existing driveway inspection:

A.

Residential development that is adding 750 square feet or less to an existing permitted structure or adding an accessory structure which is less than 500 square feet.

B.

Maintenance or repairs of an existing structure (such as roofs, plumbing, electrical or internal remodeling that does not change overall use).

C.

Permits for residential fences or retaining walls.

(Ord. No. 05-06-30, § 76; Ord. No. 22-23-06, § 2)

All driveway permit applications shall include the following information at a minimum:

A.

Owner's name, mailing address, and telephone number;

B.

Legal description of the lot or tract;

C.

Lot dimensions, total lot or parcel area;

D.

Signed and sealed boundary and topographic survey of the subject lot, prepared by a professional land surveyor with elevations referring to NAVD 88 datum, and should also include the elevations for the nearest existing culverts in either direction if located within 300 feet of the property. The topographic survey shall at a minimum include the following data for the full perimeter of the lot:

1.

Topographic data no more than 50 feet apart, and

2.

Topographic data for any right-of-way applicable to the subject lot, including, but not limited to: swale cross-sections, edge of pavement, crown of roadway, adjacent drainage features, and the like. This data shall extend a minimum of 100 feet in both directions from the front property corners.

3.

Floor elevations for existing buildings on any adjacent lots if the existing building is within 50 feet of the proposed structure.

4.

Additional topographic information and/or design details, as required by the county engineer, prior to issuance of a driveway permit

The topographic survey may not be necessary for properties larger than one acre in size, unless otherwise required by the county engineer.

E.

The following information shown on the accompanying site plan with a proposed grading plan, as applicable:

1.

Drawing scale used shall be at a legible scale;

2.

North arrow;

3.

All parcel easements (if applicable), street names of all abutting rights-of-way and showing side swales or ditches;

4.

Location of proposed driveway with respect to the lot lines; location of proposed structure showing overhang in relation to existing easements;

5.

Proposed driveway geometrics including width of driveway at the right-of-way line, size of radii or turnouts at the intersecting roadway and distances from front or side lot corners and proposed flowline elevations at the low point of the driveway/culvert invert;

6.

Type of pavement being used, such as asphalt, concrete, etc.;

7.

General direction of flow across the lot and in the roadside swales and ditches to ensure that the runoff will be conveyed from the lot without flooding adjacent properties, and if applicable to ensure that the grading of the lot is in compliance with an approved stormwater management plan or an improvement plan;

8.

Location of septic system and drain field; and

9.

Maximum proposed finished floor elevation, existing elevations along the adjacent roads (paved or unpaved) existing finished floor elevations of adjacent structures, and elevations of adjacent vacant lots (please refer to Section 12.16.302.D);

10.

The finish floor elevation of the living area shall be a minimum of 18 inches higher than the crown of the road, unless otherwise approved by the county engineer.

F.

A batter board survey (provided by a licensed surveyor) including vertical elevations shall be required and submitted to the engineering department for review prior to pouring the building pad for a structure. The county's building department will not schedule the pre-pour inspection for the building pad unless the engineering department has issued approval for the same to the building department.

(Ord. No. 05-06-30, § 76; Ord. No. 16-17-17, § 221; Ord. No. 24-25-05, § 2)

The design of the individual driveways shall conform to and incorporate the features listed below.

A.

The geometric design and location of a driveway shall conform with the applicable drawing details, section 12.09.103, and the Highlands County Technical Standards Manual, current edition.

B.

Driveways that are inverted shall not have a summation of backslope and foreslope greater than 14 percent. If the summation of slopes is greater than 14 percent either a culvert shall be added in the location of the swale line, or a culvert letter (provided by the engineering department) shall be signed and recorded with the clerk of courts by the property owner acknowledging an abrupt transition at the low point of the driveway.

C.

The driveway edges shall be connected flush to the edge of pavement (or the traveled way in the case of an unpaved road) of the roadway with adequate radii or taper to provide a safe turning maneuver, to avoid being a hazard to through traffic, and to accommodate the turning vehicle within the driveway. In the case of concrete driveways connecting to an unpaved road, the concrete edges shall extend only to the proposed or future pavement edge, beyond which line the material must be the same as the existing roadway.

D.

Driveways shall be positioned to intersect as nearly as possible at right angles to the roadway, and shall be constructed within the limits of an area defined by the extension of the two side lot lines to the edge of pavement, unless approved otherwise in advance by the county engineer. The county engineer shall consider space limitation, right-of-way obstructions, lots fronting on culs-de-sac and other unusual circumstances in making his decision.

E.

Driveways, or any portion thereof, will not be constructed within side and rear lot drainage and utility easements unless permitted by the county engineer. If authorized, the permittee shall be responsible for the expense of removal and replacement, should such become necessary.

F.

All driveways are to be constructed such that drainage within the road right-of-way is not impaired, and the stability of the subgrade is not altered.

1.

Temporary construction culverts shall be a minimum of 15 inches in diameter, unless otherwise approved by the county engineer. Failure to comply with the requirements set forth herein will result in a red tag fee of $100.00, which shall be paid at the Highlands County Engineering Department within ten days of receipt.

2.

If the culvert is not corrected by the contractor/permittee within 15 days of receipt of the red tag notice, the Highlands County Road and Bridge Department will remove the deficient temporary pipe and driveway from the county right-of-way.

3.

If the county is forced to remove the offending culvert, it may hinder the contractor/permittee from securing future permits from the county.

G.

If a drainage culvert is required under the driveway, the type, invert elevation, and diameter shall be as required by the Highlands County Technical Standards Manual, current edition. The length of drainage culvert required shall be based on the driveway width, two-foot shoulders with minimal slope, and a distance based on a 4:1 slope using the driveway's centerline elevation and the culvert's invert elevation as the vertical distance to compute the required horizontal distance.

H.

Mitered end sections with concrete collars having a broom finish and sod shall be used for all culverts, unless approved otherwise by the county engineer. The details for a mitered end section shall conform to the current edition of FDOT's Roadway and Traffic Design Standards.

I.

In areas where roadside swales are required, the right-of-way shall be graded a minimum of two inches below the design swale grades to allow for the placement of sod. Sod mowing shall be the responsibility of the permittee to ensure the design flow of water through the swale.

J.

Sodding in the right-of-way shall comply with the requirements of Section 12.11.202.E pertaining to sodding public rights-of-way.

K.

Existing access points which are not a part of the project's site plan shall be totally removed and all disturbed areas within the right-of-way shall be restored prior to issuance of the certificate of occupancy.

(Ord. No. 05-06-30, § 76; Ord. No. 16-17-17, § 222; Ord. No. 21-22-26, § 4; Ord. No. 24-25-05, § 2)

A.

Upon receipt of a driveway permit application and site/grading plan, the county engineer's office will take the following actions.

1.

Consult any existing water management district stormwater management plan or a county approved improvement plan for the site, as applicable, and review the driveway permit application for compliance with the existing plans and these regulations. Approval of a residential driveway permit application for a dwelling to be constructed on a lot of record, legally created as part of a recorded subdivision, for which the appropriate water management district has approved a stormwater management plan, or the county has approved an improvement plan, shall be conditioned upon compliance with previously approved plans. If the permittee proposes to modify the designed stormwater system from what has been previously permitted through another local or state agency, the permittee will be responsible for any permit and/or design modifications through such agency, as applicable.

2.

When the application and plan are found to be in noncompliance, return the application and plan for revision, noting any changes necessary to bring the plan and proposed construction into compliance with these regulations.

B.

Upon issuance of the driveway permit and notification from the permittee, the county shall set grade stakes within the right-of-way or easement indicating the elevations of the inverts of a culvert within five working days after the inspection request from the permittee to the county, unless otherwise determined by the county engineer.

C.

Within five working days of notification of construction completion from the permittee, the county engineer, or designee, shall make a final inspection of the driveway and lot grading prior to the issuance of the certificate of occupancy by the building official to ensure its compliance with the conditions of the driveway permit. The permittee will be notified when construction does not comply with the approved permit.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 59; Ord. No. 24-25-05, § 2)

Re-inspections by the county engineer's office shall require advance payment of an additional fee as established by the BCC.

(Ord. No. 11-12-04, § 60)

Editor's note— Ord. No. 11-12-04, § 60, adopted February 21, 2012, in effect repealed the former § 12.09.117, and enacted a new § 12.09.117 as set out herein. The former § 12.09.117 pertained to optional county services and derived from Ord. No. 05-06-30.

The county engineer shall have the authority to grant land development regulation variances from the terms of this article in accordance with section 12.04.118. When a land development regulation variance request is denied by the county engineer, the applicant may appeal the decision through the appeals process described in section 12.04.119.

(Ord. No. 05-06-30, § 76; Ord. No. 11-12-04, § 61)