A)

Site Development and Design Standards. Site development and design standards are established to ensure adequate levels of light, air, and density; to maintain and promote functional compatibility of uses; to promote the safe and efficient circulation of pedestrian and vehicular traffic; to provide for orderly phasing of development; and otherwise protect the public health, safety, and general welfare.

B)

Development and design standards are also established with the intent to create aesthetically pleasing structures that blend with neighborhoods whether they are residential or commercial and that promote a City that is enticing to live, shop, work and play in. Additionally, the City of Mascotte encourages innovation in design. Also encouraged is the use of trees, flowers, bushes and other vegetation to accent development. Park-like sitting areas for larger residential and commercial development are not only pleasing to the eye, but are an enticement into the structure they surround.

C)

Project Design: The natural topography, soils and vegetation should be preserved and used, where possible, through the careful location and design of circulation ways, buildings and structures, parking areas, recreation areas, open space, and drainage facilities. Designation of conservation areas must be consistent with adopted ordinances regulating such natural areas. The proposed location and arrangement of structures should not be detrimental to existing or planned adjacent land uses.

D)

All development requirements must be fulfilled in accordance with the City of Mascotte construction specifications. If any discrepancy is discovered between these LDC and the construction specifications, or any other City policy, the most stringent and restrictive specification, condition, and/or directive shall apply. All applicable development must also comply with the requirements established in the Americans with Disabilities Act (ADA), the Florida Fire Prevention Code (FFPC), the Florida Building Code, and any other local, State, or Federal requirement that may apply.

E)

This Article addresses design standards for transportation-related facilities, utility systems, environmental protection, signage, and building elevations. For the purposes of this Article, "utility system" shall mean all distribution, collection, and treatment facilities and appurtenances for potable water, sanitary sewer, reclaimed water, and stormwater management either operated by the City or subject to regulation by the City.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-01-556, § 6(Exh. C), 3-20-17; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

General: The character, width, grade, and location of all streets and bridges shall conform to the standards in this section and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

1)

Roads shall be planned in conformity with the Comprehensive Plan and this Land Development Code.

2)

The street layout of proposed developments shall be coordinated with the street system of the surrounding area or with city plans for streets in said area.

3)

All streets shall be public, unless private streets are approved by the City Council after review by Staff for transportation concurrency review pursuant to the Comprehensive Plan and this Land Development Code. All such private streets shall meet all design standards as outlined in this Article. A condominium, homeowners', or property owners' association shall be created with all duties and powers necessary to ensure perpetual ownership and maintenance of such private roads. If a guardhouse or gate is provided, plans and specifications, including means of access for City service and emergency vehicles, shall be submitted for the review by Staff and approval by City Council.

4)

All streets shall be constructed to the exterior property lines of the development unless they are permanently terminated by cul-de-sac or an intersection with another street. Streets that may be continued in a future phase of a subject development or may be logically extended as part of a future development shall include a temporary cul-de-sac.

5)

New roads shall be planned to discourage the use of local streets for cut-through or commercial traffic.

6)

Reserved.

7)

The City shall facilitate and coordinate the desired future development of adjoining property of a similar character and provide for local circulation and convenient access to neighborhood facilities.

8)

Entrances to subdivisions must be large enough for a bus to pull into the entrance and to turn around. The intent is to create a safe internal bus pickup area for adults and children.

9)

All streets must accommodate the safe passage of fire and garbage trucks.

10)

Intersections must allow for fire truck and other safety vehicle movement.

B)

Roadway Classification and General Standards: The following table identifies four (4) categories of roadways. Design standards are generalized and where in conflict with the specific construction standards adopted by this Article, the latter shall prevail. In addition, the City Council may, upon review and recommendation of the Staff, apply greater or lesser restrictions, depending upon site-specific considerations.

Table 5-1
Roadway Classifications and Standards

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The Council may amend these standards from time to time.

Right-of-way and lane widths shall be in conformance with the above listed standards, except when:

1)

Lesser right-of-way or pavement width may be allowed by the City where right-of-way conditions are physically constrained by existing structures, specimen trees, or other natural or man-made constraints.

2)

A lesser standard may be considered if it is more consistent with the existing streets in the area.

3)

Additional right-of-way and/or pavement width may be required by the City to promote public safety and convenience or to ensure adequate access, circulation, and parking.

4)

Where a proposed development abuts or contains an existing street of inadequate right-of-way or pavement width, additional right-of-way and pavement shall be provided by the developer in conformance with these standards.

C)

Construction Standards: The following minimum road construction standards shall apply to all private or public roads as follows:

1)

Arterials and Collectors.

a)

Sub-base stabilization utilizing local materials (sand-clay) shall be twelve (12) inches deep, after mixing and compaction to not less than ninety-eight (98) percent of the maximum density in accordance with FDOT specifications, extending one (1) foot beyond each side of the proposed paving width, including curb and gutter, if any. Such sub-base stabilization six (6) inches deep shall be extended an additional five (5) feet each side over the shoulder of the street for the remainder of the sub-base;

b)

Base course shall be placed on the previously prepared sub-base, be constructed of either limerock or sand-clay, and be compacted to a depth of not less than eight (8) inches to meet the density requirements of FDOT specifications, and extend six (6) inches beyond each side of the proposed paving width;

c)

Prime coat shall be applied to the previously prepared base course utilizing cut-back Asphalt Grade RC-70 or RC-250 in accordance with FDOT specifications. Emulsified asphalt materials shall not be accepted;

d)

Surface pavement course shall be constructed on the previously primed base course utilizing Type III or Type S-1 Asphaltic Concrete to provide a minimum surface width of not less than twenty-four (24) feet and a minimum depth of one and one-half (1½) inches of such pavement after mixing, placement, and compaction in accordance with FDOT specifications.

e)

Final design shall be approved the City Council based on a recommendation from the City's Consulting Engineer.

2)

Local Roads. Local street construction shall conform to the foregoing specifications for arterial and collector streets, except that:

a)

Sub-base stabilization shall be not less than eight (8) inches deep.

b)

Base course shall not be less than six (6) inches deep.

c)

Surface pavement course shall be not less than twenty-four (24) feet in width and not less than one-inch in depth.

d)

Alternate materials may only be used if approved by the City Council based on a recommendation from the City's Consulting Engineer.

e)

All plans shall be subject to review and approval by the City Council based on a recommendation from the City's Consulting Engineer.

3)

Intersections. In general, the intersection of streets shall be laid out as follows:

a)

Streets shall intersect at an angle of ninety (90) degrees, unless circumstances acceptable to the City indicate a need for a lesser angle of intersection.

b)

Intersections of any streets with a principal or minor arterial shall be at least six hundred sixty (660) feet apart on each side of the street, measured from centerline to centerline.

c)

Property lines at street intersections shall be rounded with a minimum radius of twenty-five (25) feet. A greater radius shall be required for angles of intersection less than ninety (90) degrees.

d)

The right-of-way width and pavement width shall be increased by at least ten (10) feet on each side of an arterial street for a minimum distance of one hundred fifty (150) feet from its intersection with another arterial street or thoroughfare, to permit proper intersection design.

e)

The minimum radius return of pavement edge, or back of curb, at all typical intersections approximating a right angle shall be as follows:

A taper or turn lane may be required for roads with a functional classification of collector or arterial, or a design speed of thirty-five (35) miles per hour or greater.

D)

Access: Access shall be provided as follows:

1)

Driveways. As a guideline, the number of access cuts or driveways serving a nonresidential development shall be based upon the frontage of the entire site and the functional classification of the street to be accessed and shall be in accordance with the following criteria, unless traffic or safety conditions require the maximum number to be reduced. Additionally, certain situations may dictate that one (1) or more permitted driveways be limited to a right turn in, right turn out configuration.

Arterial Street

Local or Collector Street

In cases where the developer desires additional access cuts to serve a project, shared driveways, frontage roads, or other improvements shall be designed and constructed to City standards and constructed by the developer on private property and access and pedestrian easements dedicated to the City of Mascotte. Frontage road access points on arterial streets shall have a minimum separation of five hundred (500) feet.

The design of driveways shall conform to City standards. All vehicular maneuvering areas and parking areas shall be paved to meet City standards.

2)

Each new residential development with fifty (50) units or more, at a minimum, shall have at least two (2) points of access open to motor vehicle traffic. If the shape or location of the property prohibits this, then the entrance to the development must incorporate traffic lanes and entrance medians with a minimum overall width of forty-eight (48) feet. Traffic lanes must be configured such that there is at least twenty-four (24) feet of pavement on the ingress side.

3)

Tapers, deceleration lanes, acceleration lanes, left turn lanes, bypass lanes, or other facilities shall be provided as requested by the City Staff to protect the safe and efficient operation of all roadways.

4)

Every lot or parcel shall have direct access from a public street or private street approved by the City Council and developed to the same standards as for public streets.

5)

All proposed single-family dwelling unit lots or developments shall have a minimum of thirty (30) feet of frontage at the right-of-way line on an opened and paved road.

6)

Roads connecting interior development to a collector or arterial street, if not already paved, shall be improved by the developer to the standards of these LDC.

7)

Vehicular circulation for all uses other than residential subdivisions shall be completely contained within the property, and vehicles located within one (1) portion of the development shall have access to all other portions without using the adjacent street system.

8)

Plans must illustrate that proper consideration has been given to the surrounding street system, also taking into consideration traffic volumes, proposed street improvements, traffic capacities, pedestrian movements, and safety.

E)

Culs-de-Sac: Permanent dead-end streets shall not exceed six hundred sixty (660) feet in length. Each cul-de-sac street shall have a minimum pavement width of twenty-four (24) feet and a minimum cul-de-sac right-of-way radius of fifty (50) feet.

F)

Islands and Medians:

1)

Landscape islands and medians shall be encouraged within the public rights-of-way. Residential streets with straight expanses of pavement shall have landscaped islands every six hundred (600) feet.

2)

Landscape islands shall have a minimum width (back of curb to back of curb) of eight (8) feet and a minimum length of seventy-five (75) feet.

3)

All landscaped islands and medians within developments having homeowners' or property owners' associations shall be shown as common area tracts to be owned and maintained by the homeowners' or property owners' association.

4)

All landscaped islands and medians may be counted as open space.

5)

All islands and medians shall be surrounded by a curb and improved with grass or landscaping that does not, and will not at plant maturity, interfere with sight distance.

6)

All islands and medians shall be landscaped and irrigated. Landscape and irrigation plans shall be submitted as part of the Final Construction Plan process.

7)

Center islands for cul-de-sacs shall have a diameter of at least fifteen (15) feet.

G)

Street Signs: Design and placement of traffic signs shall be in conformance with the standards of the Florida Department of Transportation (FDOT) as specified in the Manual on Uniform Traffic Control Devices for Streets and Highways and the City of Mascotte's specifications manual. In addition, the following standards shall apply, except when FDOT standards are more restrictive:

1)

At least two (2) street name signs shall be placed at each four-way street intersection and one (1) at each "T" intersection.

2)

Signs shall be installed free of visual obstruction.

3)

Street name signs shall have white letters on a green background, and include the City logo, when installed on public streets and shall have white letters on a black background on private streets. Colors other than black are subject to City Council approval.

4)

The surface of all signs shall have reflective material, 3M grade or better.

5)

Street signs with different typeface, planters, decorative sign posts, and other conditions may be permitted on street name signs subject to approval by the City Council.

6)

Street names shall be chosen by the applicant and may be first reviewed by Lake County Communication Systems. The City police and fire departments will review the proposed names to ensure:

a.

That street names are relatively easy to spell and pronounce.

b.

That the names are not a duplicate or near duplicate of another street located in the City or County,

c.

That the continuation of an existing street shall bear the name of the existing street, provided, however, that the City Council may waive this requirement where the continuation of a street crosses a collector or arterial and the areas on both sides of the collector or arterial are intended to be developed as interior subdivisions.

d.

Any street names that City staff believes are questionably objectionable shall be first approved by the City Council prior to forwarding the names to the Lake County Communication Systems for final approval.

H)

Bicycle and Pedestrian Ways: Bicycle and pedestrian ways include sidewalks, bikeways, pedestrian paths, and multi-use trails that may be used by pedestrians, bicyclists, skaters, and golf carts for recreation. Except as provided below, bicycle and pedestrian ways may meander between the curb and right-of-way line where necessary to preserve topographical or natural features or to provide visual interest, provided a grassed or landscaped area at least three (3) feet wide is retained to separate the pathway from the adjacent road. Bicycle and pedestrian ways construction and material standards shall comply with those set forth in the City's standard construction detail sheets.

I)

Bikeways and Bike Lanes:

1)

Bike lanes shall be provided in both directions along every new arterial and collector street or during the widening of any existing arterial and collector roads.

2)

A bike lane shall consist of a four-foot paved width between the outermost traffic lane and the curb. Where on-street parking is permitted, the bicycle lane shall be located between the parking lane and the outer edge of the vehicular traffic lane.

3)

Bike lanes shall be constructed of the same materials and specifications as the adjacent street.

4)

At the discretion of the City, an eight-foot sidewalk/bikeway may be substituted for the on-street bike lane.

J)

Bike Racks: Bike racks shall be required as part of all nonresidential developments. The type of bike rack and number shall be determined as part of the site plan or subdivision plan review.

K)

Sidewalks:

1)

Sidewalks shall be provided on both sides of streets. This requirement may be waived for developments in rural or agricultural zoning districts.

2)

Sidewalks shall be separated from the adjacent roadway by a grass strip. Exceptions to this regulation may be allowed by the City Council in areas that are predominantly nonresidential in nature, or in mixed use areas or in constrained areas.

3)

Minimum sidewalk widths shall be as specified in Table 5-1.

4)

All sidewalk and curb ramp design and construction shall meet the requirements of the Florida Accessibility Code and the American Disability Act.

5)

Development shall provide pedestrian connections to adjacent properties and shall connect on-site sidewalks with those already located or approved on adjacent property.

6)

Sidewalks shall be constructed with ramps meeting the requirements of the Florida Accessibility Code and the American Disability Act at all street intersections.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

For residential developments greater than fifty (50) dwelling units and all non-residential developments, a Traffic Impact Analysis (TIA) shall be provided at the first submission of either the rezoning, conditional use, or Preliminary Plan stage of development. A TIA is conducted in order to evaluate the transportation system's ability to accommodate the additional traffic generated by the proposed development. If the TIA determines that the Level of Service (LOS) of impacted roadway(s) is deficient, improvements to the transportation system will be required. All TIAs must be certified by a professional engineer.

Prior to conducting the TIA, the developer shall meet with the City Staff to discuss and agree on the methodology to be used. The City reserves the right to request additional information once the analysis is submitted. In addition, the City may, at its discretion, allow for a simplified TIA. In general, a TIA shall include the following:

1)

An introduction which includes a description of the development, specifying the type and quantity of the proposed and existing land uses and a location map for the development. The study procedures and sources of any data used for the TIA must also be provided.

2)

Two (2) printed copies of the TIA and one (1) electronic version of the TIA must be submitted to the City. The TIA shall have a title page which will include the development name, the developer's name, company, address, and telephone number, the professional engineer's name, company, address and phone number, and the TIA preparation date. The TIA shall be prepared in accordance with accepted transportation planning and engineering procedures and practices.

3)

A certification page shall be provided in the TIA which must include the professional engineer's signature, seal, current registration number in the State of Florida, and a statement that the professional engineer is trained in traffic engineering and was responsible for and in charge of the TIA preparation.

4)

Analysis of existing conditions. The existing conditions analysis shall provide the study area limits, the current adopted LOS, and the capacities of all roadways within the study area. An analysis of the development impacts to include recommended improvements must be provided. A peak hour analysis is to be provided for all roadways within the study area that are identified in the City's Comprehensive Plan with an adopted LOS. The study shall include the trip generation, trip distribution, and the assignment pattern for the affected roadways. All signalized and major unsignalized intersections including all development entrances within the study area must be analyzed unless waived by the City.

5)

The TIA shall include a listing of the improvements that are scheduled within the first three (3) years in the most recently adopted Mascotte 5-year Capital Improvement Plan (CIP), and any improvements scheduled within three (3) years in the Lake County 5-year CIP or Florida Department of Transportation (FDOT) 5-year CIP. The TIA should specify the year the improvements are programmed for construction. Only projects identified in the first three (3) years of a financially feasible CIP are to be included in the future year network conditions.

6)

The TIA shall include an evaluation of the traffic circulation at the development entrances in relation to the adjacent intersections and internally within the site. This assessment must include the vehicular stacking and storage provided at the entrance driveways in advance of any parking stalls or driveway aisles. An evaluation of alternate modes of transportation such as mass transit, bicycles, sidewalks for pedestrians, and golf carts should also be included.

7)

The trip generation of the development shall be estimated using standard traffic engineering principles in accordance with the current edition of the Institute of Transportation Engineers (ITE) manual. If rates are not available for the proposed land use, or if the development is anticipated to generate less traffic than specified in the ITE, the professional engineer must submit alternative rates based on independent traffic studies to the Staff for approval.

8)

The TIA shall include a projection of the future traffic for each phase of the development. The existing traffic should come from the latest traffic counts taken by the City and background traffic for future years shall be projected using historical growth rates. Developments that have Final Certificates of Concurrency that impact road segments within the study area must be included in the TIA as existing traffic.

9)

The project trips shall be assigned to roads within the study area for each phase of the development. A legible graphic assignment of the trip distribution is required as part of the TIA. The existing traffic, project traffic, and future year background traffic shall be separately identified on the trip distribution graphic.

10)

The TIA shall include both the analysis of the intersections and the roadway segments within the study area for each phase of the development. Copies of the intersection analyses must be included in the appendix. The results of the capacity analysis for intersections and for road segments shall be summarized in separate tables. Intersections and road segments that exceed acceptable capacities will be identified and recommended improvements shall be provided to meet the acceptable LOS.

11)

A signal warrant analysis will be required when the City determines that a traffic signal may be warranted by the development. The signal warrant analysis will be conducted in accordance with the eleven (11) warrants listed in the Manual on Uniform Traffic Control Devices. FDOT signal warrant forms in the Florida Manual on Uniform Traffic Studies are required to be included in the appendix of the TIA. If the proposed traffic signal is on a State road, the Traffic Signal Warrant Study will require FDOT review and approval.

12)

The TIA shall include a summary of the recommended improvements required to maintain the accepted LOS for all road segments included in the study area. For intersections that are anticipated to require a future signal, an estimate of the year the signal will be warranted must be provided. The developer shall fund signals required for a development. The funds for construction of a required signal must be provided by the developer prior to approval of the Final Construction Plans. In addition, recommendations will be provided in the TIA that address other modes of transportation such as bicycle lanes, bicycle racks, golf cart paths, golf cart parking areas, sidewalks, and pedestrian signals.

As part of the TIA, all proposed development shall provide to the City the trip generation and distribution of all traffic associated with the project. This will be used to determine whether the development meets concurrency.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

General: All developments in all zoning districts shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question. Accessible parking spaces shall be provided in accordance with the Florida Building Code.

B)

Dimension Requirements:

1)

Parking Space Size. Each parking space shall contain a rectangular area at least twenty (20) feet long and ten (10) feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the same effective parking area as the rectangular area required by this section.

2)

Accessible (Handicap) Spaces. Accessible spaces shall be provided and sized in accordance with the Florida Building Code.

C)

General Design Requirements:

1)

Parking lots shall be designed so that vehicles may exit such areas without backing onto a public street.

2)

Parking spaces shall be designed so that vehicles cannot block sidewalks.

3)

Visible pedestrian crosswalks, using alternative materials such as brick or other paver materials, should be designed into parking lots to ensure safety.

4)

Every vehicle accommodation area that abuts a building or a fire hydrant shall be provided with a fire lane.

5)

Parking lots shall be properly lit.

D)

Parking Lot Surfaces: Parking lot areas that include lanes for drive-through windows or that are required to have more than five (5) parking spaces, shall be graded and surfaced with asphalt, concrete, or other material that will provide equivalent protection against potholes, erosion, and dust. Parking lots with five (5) or less parking spaces and which have no drive-through window lanes may be graded and surfaced with crushed stone, gravel, or other suitable material to provide a surface that is stable and will help to reduce dust, potholes, and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties, or other similar materials. In addition, whenever such an area abuts a paved street, the driveway leading from such street to the parking lot (or the direct connection to the street) shall be paved for a distance of fifteen (15) feet back from the edge of the paved street. The pavement must meet the same standards as other paved parking areas.

At the option of the developer and the approval of the City, up to twenty-five (25) percent of the parking required may remain unpaved with an approved surface.

E)

Recommended Stacking Area for Various Drive-Through Facilities: All uses with drive-through windows shall provide vehicle stacking area based on the following criteria. The stacking area shall be designed based on a ten-foot by 22-foot space per required vehicle. The stacking area shall be designed so as to operate independently of other required parking and circulation areas.

Each drive-through restaurant shall accommodate six (6) vehicles (ten-foot by 22-foot) per service lane, with a minimum of three (3) of those being behind the order station. Each financial institution shall accommodate five (5) vehicles per service lane. All other drive-through facilities shall accommodate a minimum of three (3) vehicles per service lane.

F)

Loading Areas: Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, sufficient off-street loading and unloading areas shall be provided to accommodate the delivery or shipment operations in a safe and efficient manner. Loading and unloading areas shall be located and designed so they are not visible from adjacent streets, nor adjacent residential areas.

Loading and unloading areas shall be located so that the vehicles intended to use them can maneuver safely to and from a public right-of-way, and complete the loading and unloading operations without obstructing or interfering with any public right-of-way or any parking space or parking lot aisle.

No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the requirements for loading and unloading facilities.

As a guide, the following is provided to outline the number of loading and unloading spaces required per site:

Plus one (1) space for each additional seventy thousand (70,000) square feet or fraction thereof. Buildings with less than five thousand (5,000) square feet are not required to have a separate loading area.

Loading docks and zones for commercial and office use shall be designed to meet the needs of the use, but shall have a minimum size of twenty (20) feet by twelve (12) feet when using a curb or wheel stop, and an overhead clearance of fourteen and a half (14½) feet from street grade.

G)

Minimum and Maximum Parking Spaces Required: Table 5-2 lists parking space requirements for various land uses. Any proposed land use or mix of land uses shall provide at least eighty (80) percent, but no more than one hundred forty (140) percent of the number of parking spaces required by Table 5-2. For land uses not listed in Table 5-2. the Staff shall determine which listed land use is most similar to the proposed land use, and the parking space requirements for the similar land use shall be applied.

Table 5-2
Parking Requirements

On Table 5-2 above, the number of accessible spaces must comply with the minimum requirements of the Florida Building Code.

(Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Utility Ownership and Easement Rights: In any case in which a developer installs or causes the installation of potable water, landscape irrigation facilities, wastewater, electrical power, traffic signals, street lighting, telephone, or cable facilities, and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

B)

Potable Water System: Potable water system construction and material standards shall comply with those set forth in the City's current Water and Wastewater Utility specifications. All new development shall connect to the City's central potable water system for water service, regardless of the number of units or the size of the proposed development.

All applicable potable water system improvements required for new development shall be donated to the City of Mascotte.

Trunk lines shall have a minimum diameter of twelve (12) inches and shall be located within an arterial street right-of-way or within a corridor approved by the City and adequate for that purpose and conducive to the development of a City-wide water supply system.

Distribution lines shall have a minimum diameter of eight (8) inches.

To the maximum extent feasible, distribution lines shall be located parallel to and behind the back of curb or edge of pavement. The water main shall be located to minimize conflicts with other utilities and existing or proposed structures. As a standard practice, water mains shall be installed four (4) feet off the back of curb or as approved by the City. A minimum of five (5) feet shall be maintained between underground power, gas mains, and the water mains.

System looping is required wherever practicable to increase overall capacity and service.

Final development orders shall not be issued without certification that adequate potable water service is available. In service areas with pre-purchase capacity requirements, proof of purchase shall be required to constitute certification.

C)

Sanitary Sewer System: Every developed lot within a subdivision shall be served by a wastewater treatment and disposal system that is adequate to accommodate the reasonable needs of the lot and that complies with all applicable City plans and all health regulations. For proposed new development, the City shall require either connection to the City's central sewer system or installation of septic tanks if the City's central sewer system is unavailable. If required to install septic tanks, the owner or developer shall obtain the necessary approvals from the Lake County Health Department and other regulatory agencies.

1)

If the City's central sewer system is available as defined in F.S. § 381.0065, a sanitary sewer collection system for proposed new development shall be funded, designed, permitted and constructed by the developer, in such a manner as to provide the ability for each lot within the subdivision to be connected to the collection system, whether concurrent with development of the subdivision or at a future date, such design, permitting and construction to be performed at the sole cost and expense of the developer. The sanitary sewer collection system shall include all necessary gravity sewer lines, manholes, lateral lines, lift stations, force mains, and all other normally associated components of any of these facilities, all in accordance with the City's current Water and Wastewater Utility Specifications and all requirements of state and federal regulatory agencies having jurisdiction over such matters. New development shall fund the cost of required capacity expansions, and/or extension of central wastewater lines. New development will also be required to provide Bills of Sale to the City for all new central sewer collection, pumping, transmission, treatment, and disposal facilities.

2)

In the event that the City does not have available a central sewer system, an application may be required to be submitted to FDEP as a "dry-line" application pursuant to a development agreement between the City and the developer.

3)

Final development orders shall not be issued without certification that adequate wastewater service is available. In service areas with pre-purchase capacity requirements, proof of purchase shall be required to constitute certification. In cases where dry lines are being installed for future connection to the City's central sewer system, a developer's agreement shall be approved as part of the Final development order in order to ensure that the developer funds the future ERU connection fee and all associated costs to connect to the wastewater collection system.

D)

Reserved.

E)

Stormwater Management:

1)

General requirements for stormwater management. Protection of water resources is critical to the public health, safety, and welfare. Innovative approaches to stormwater management shall be encouraged and the concurrent control of erosion, sedimentation, and flooding are essential and mandatory.

No drainage system, natural or manmade, shall be altered, designed, constructed, abandoned, restricted or removed without prior approval of the City and all appropriate state and federal agencies.

No site alteration shall adversely affect the existing surface water flow pattern, impact drainage of any other landowner, cause siltation of wetlands, pollution of downstream wetlands, or reduce the natural retention or filtering capabilities of wetlands.

Stormwater management applies to all project categories articulated in the land development code.

No person may subdivide or make any changes in the use of land or construct or reconstruct a structure or change the size of a structure or introduce illicit discharges to the city's stormwater management system nor shall construction commence for any multifamily, commercial, industrial or institutional project until the drainage design for such project has been approved by the city. The drainage design plans and calculations for the project shall be prepared, signed and sealed by a Florida registered professional engineer. The design shall equal or exceed design standards set forth hereinafter and shall also meet or exceed the design criteria, policies and procedures established by the St. Johns Water Management District, the Florida Department of Environmental Protection, the Florida Department of Transportation and any other local, state or federal agency with appropriate jurisdiction.

Approval by the City of the stormwater management plan for any project shall be contingent on receipt of written proof of approval of any required stormwater management permit from the St. Johns River Water Management District and any other applicable permitting agency. However, receipt by the City of such written proof of approval will not result in automatic approval of the stormwater management plan by the City.

2)

Control of dust, dirt, erosion and construction site runoff. The property owner or his agent shall acquire the necessary permits, if applicable, from the Florida Department of Environmental Protection (FDEP), the St. Johns River Water Management District (SJRWMD), the U.S. Army Corps of Engineers (ACOE), and the Florida Department of Natural Resources (FDNR).

The property owner or his agent must implement and operate all erosion and sediment control measures required to retain sediment on-site and to prevent violations of applicable water quality standards. If construction is scheduled to occur within open water areas, turbidity curtains must be correctly placed to control sedimentation and turbidity within the water body.

Erosion and sediment control best management practices shall be used during construction to retain sediment on site. Land which has been cleared for development and upon which construction will not begin within thirty (30) days shall be protected from erosion and sedimentation by adequate methods acceptable to the city. Wetlands and other water bodies shall not be used as sediment traps during or after development.

As a general requirement, all commercial projects and all residential projects shall have temporary erosion and sediment control devices in place at all times during the construction phase. Said devices shall provide the necessary treatment of runoff such that federal and state surface water quality standards are not violated at any time. These devices shall be removed at the end of the project only after approval by the city engineer and the City's building official.

Any construction project, regardless of location, shall be required to control construction site runoff to meet federal and state surface water quality standards. Nothing herein shall prevent or preclude any state or federal water quality enforcement agency from imposing penalties for violations of state or federal law.

Any unauthorized or illicit discharges will be subject to enforcement pursuant to City Code and as otherwise provided by law.

All projects shall have an approved erosion control plan on file with the city as a part of the building permit documents. This plan shall be prepared by the appropriate design professional for the project or, as an alternative, by the licensed contractor whose name the permit is under. As with all other building permit documents, an approved copy of this plan shall be maintained at the jobsite for the duration of the project.

No work on the site shall commence prior to approval of the erosion control plan by the City.

The erosion control plan shall include the placement and use of silt fences, swales, retention areas, hay bales, temporary grassing, turbidity barriers or other such devices as needed to prevent the transport of sediment from the site and into storm drains and waterbodies. Fill or runoff will not be allowed to encroach onto adjacent properties without the necessary easements.

Examples of acceptable erosion control devices are shown on details provided by the Florida Department of Transportation.

The owner and contractor shall be responsible for adhering to these requirements and shall also be responsible for correcting any damage caused by the lack or improper use thereof. This shall include cleaning of storm inlets and pipes that become blocked, partially or fully, by debris, trash or sediment from a construction site.

Sites having 1.0 or more acres of disturbed area shall also show evidence of Florida Department of Environmental Protection (FDEP) NPDES notification (Notice of Intent for Construction Activities also known as NOI).

3)

Design Criteria. Unless exempted by the St. Johns River Water Management District, all development projects, whether single-family residential, multifamily, nonresidential or any combination or variation thereof, must provide for retention and/or detention of stormwater runoff.

All retention areas will be landscaped and designed so that they blend with the uses surrounding them and are aesthetically pleasing.

Approval of final engineering plans for any development shall not be granted until the city is in receipt of a copy of the St. Johns River Water Management permit.

Projects shall be designed so that stormwater discharges meet, at a minimum, the water quality criteria set forth by the St. Johns River Water Management District in order to achieve the state water quality standards.

The stormwater management system shall not create an adverse impact to upstream or downstream areas. Off-site areas which discharge to or across a site proposed for development shall be accommodated in the stormwater management plans for the development. No stormwater management permit application shall be approved until the applicant demonstrates that the runoff from the project shall not overload or otherwise adversely impact any downstream areas.

The stormwater management system shall not cause adverse environmental impacts to wetlands, fish, wildlife, or other natural resources.

Existing wetlands shall not be used for stormwater treatment.

4)

Storm sewer design.

a)

Design discharges. Storm sewer system design is to be based on a rainfall intensity of two (2) inches per hour. The system shall be designed to handle the flows from the contributory area within the proposed development using design approaches such as Rational Method, Manning's Formula, or software analysis (for systems with outfalls to tailwaters), weighted for the proposed ground cover.

b)

Minimum pipe diameter. The minimum diameter of pipe to be used in storm sewer systems is fifteen (15) inches. Designs shall be based upon six-inch increments in sizes above eighteen (18) inches.

c)

Stormwater pipe material. Pipe of the following types, meeting the specified AASHTO and ASTM requirements are accepted by the city for use in stormwater conveyance systems.

Steel Reinforced Concrete - ASTM C76, ASTM C443

High Density Polyethylene - AASHTO M294, ASTM D3350, ASTM F477STM

Non-Asbestos Fiber-Cement - ASTM C1450, ASTM C443

d)

Pipe grade. All storm sewers shall be designed and constructed to produce a minimum velocity of 2.5 fps when flowing full. No storm sewer system or portion thereof will be designed to produce velocities in excess of 20 fps, providing that the outlet ends have sufficient erosion protection and/or energy dissipaters.

e)

Maximum lengths of pipe. The following maximum runs of pipe shall be used when spacing access structures of any type:

f)

Inlets, manholes, and junction boxes. All pipe access structures constructed to provide access to sanitary sewers, storm drains or similar facilities shall be constructed of Portland cement concrete, either poured-in-place or precast. No masonry structures will be permitted except as necessary to connect to existing facilities and where prior approval of the city engineer has been obtained in writing.

All pipes shall extend through walls and be flush with inside wall. Paved inverts are required.

For all concrete structures, all fins and irregular projections shall be chipped off flush with the surface immediately following the removal of forms. All projecting wires and nails shall be cut off at least one-half-inch under the surface. All construction and expansion joints in the completed work shall be left carefully tooled and free of mortar and concrete. Joint filler shall be left exposed for its full length, with clean edges. Mortar topping for upper horizontal surfaces shall not be used.

Masonry, when allowed, shall be constructed neatly. All surfaces shall be plastered with half-inch thick cement mortar composed of one (1) part of Type I Portland cement and two (2) parts sand, so as to prevent leakage. Plastered areas should not crack and should be properly prepared to bond to old surfaces.

Minimum manhole diameters for intersecting pipe sizes shall be as follows

Arterial and collector street inlets shall be spaced to prevent the spread of stormwater runoff from exceeding half (½) of a travel lane width. Local and subdivision street inlets shall be spaced to prevent the spread of stormwater runoff from exceeding one (1) inch above the crown of the road.

The maximum allowable gutter run will be one thousand two hundred (1,200) feet on streets with standard curb and gutter, and six hundred (600) feet on streets where Miami curbs and gutters are used.

g)

Design tailwater. All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility. In the case where the detention or retention pond is the receiving facility, the design tailwater level is the peak water level in the pond resulting from the ten-year, twenty-four-hour rainfall event.

h)

Hydraulic gradient line computations. The hydraulic gradient line for the storm sewer system shall be computed taking into consideration the design tailwater on the system and the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes/catchbasins/junctions within the system.

Arterial, collector and local street drainage shall be designed so that the hydraulic grade line during the design rainfall intensity (two (2) inches per hour) is maintained at least five-tenths foot below the gutter line. Hydraulic grade line computations shall take into account entrance and exit losses; friction losses; and the minor losses associated with inlets and manholes. The tailwater of the receiving water body shall be taken into consideration.

i)

Stormwater conveyance. Sites shall be developed to maximize the amount of overland runoff that is percolated into the soil and to minimize direct runoff into adjoining streets and water courses.

Stormwater runoff from roofs and other impervious surfaces shall be diverted into swales or similarly controlled.

j)

Unstabilized earthen open channels and outfall ditches are not permitted. Whenever land within two hundred (200) feet of the mean high water line (as established by the USGS) of a lake is developed, terraces sloping away from the lake, a tree line, or alternatives approved by the city engineer shall be provided to minimize stormwater runoff into the lake and to maximize groundwater recharge.

5)

Treatment of stormwater runoff. Stormwater management systems shall include best management practices used in the industry to minimize pollution and remove oil, suspended solids, and other objectionable material in stormwater runoff within acceptable limits.

All stormwater management systems shall be of low maintenance design. It is the property owner's responsibility to maintain all drainage primary and secondary drainage facilities on-site. These facilities will be inspected for maintenance annually by city inspectors and before the issuance of a certificate of occupancy.

a)

Stormwater ponds: All stormwater retention/detention ponds shall be fenced unless they can meet one (1) of the following conditions:

Ponds graded at 5H:1V or 6H:1V may be deeper than shown above and remain unfenced ONLY if the 5H:1V or 6H:1V slope is carried not less than two (2) feet below the lower of the control elevation or the normal water elevation.

All required fencing shall be as allowed by this Land Development Code.

The fencing treatment selected shall provide adequate security to ensure the health, safety and welfare of the public, and shall be a minimum of four (4) feet in height. Evidence to this effect shall be provided with all stormwater plans. Ponds shall be configured in a curvilinear manner.

The minimum requirements for maintenance berms are as follows:

*

Ponds with fencing: Ten (10) feet around pond perimeter inside the fence. Maximum sideslope no greater than 10H:1V.

*

Ponds without fencing: Five (5) feet around pond perimeter. Maximum sideslope no greater than 5H:1V.

b)

Road underdrains. In cases where there is a prevalence of soils that exhibit adverse water table characteristics, underdrains and/or fill or other acceptable alternatives that will provide necessary measures to maintain the structural integrity of the road will be required. The determination of need shall be made by reference to certified geotechnical investigations prepared as part of the project design data submitted to the City.

Wherever road construction or lot development is planned in areas of the proposed subdivision having soil types with unacceptable water table characteristics, underdrains and/or fill shall be provided and shown on the engineering plans. Underdrains must be designed with free gravity outlet at carefully selected discharge points. Erosion control measures shall be provided as needed at all discharge points.

Wherever road cuts in otherwise suitable soils indicate that the finish grade will result in a road-surface-to-water-table relationship that is unacceptable to the city engineer, underdrains or other acceptable alternatives approved by the city engineer to provide measures to maintain the structural integrity of the road will be required.

Wherever roadway construction reveals unexpected water-bearing strata that could cause deterioration of the pavement, underdrains or other acceptable alternatives approved by the city engineer to provide measures to maintain the structural integrity of the road will be required even though not shown on the plans.

Filtering media shall conform to the appropriate Florida Department of Transportation standard and consist of stone, gravel, or slag and shall contain no friable materials.

Underdrain pipe shall be HDPE perforated pipe fully encased in a tubular filter fabric "sock", with both the pipe and the filter fabric "sock" meeting applicable AASHTO and ASTM standards for pipe intended for subsurface drainage applications.

6)

Development within special flood hazard area (100-year flood). All development within areas of special flood hazard as delineated on the official flood insurance rate maps (FIRM) shall comply with Chapter 8 of the City of Mascotte Code of Ordinances.

7)

Stormwater quality. Every use shall be so operated as to prevent the discharge into any storm sewer, stream, canal, lake, waterbody or the ground of any sewage, waste or unapproved substance which will be considered dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot line of the property on which the use is located.

Allowed discharges: The following is a list of substances allowed to discharge into the city's storm sewer system provided they are not identified as a source of pollutants to any receiving waterbody:

a)

Water line flushing;

b)

Rising groundwaters;

c)

Uncontaminated pumped groundwater;

d)

Discharges from potable water sources;

e)

Air conditioning condensate;

f)

Irrigation water;

g)

Water from crawl space pumps;

h)

Footing drains;

i)

Individual residential car washing;

j)

Dechlorinated swimming pool discharges;

k)

Street wash waters;

l)

Discharges or flows from emergency fire fighting activities;

m)

Reserved.

n)

Flows from uncontaminated roof drains.

o)

All other nonstorm substances discharged into the city's storm sewer system are to be considered illicit discharges that would pose a threat to the health, safety and welfare of the public and are hereby prohibited. Any unauthorized or illicit discharges will be subject to enforcement as set forth in the City's Charter, Code of Ordinances or as otherwise specified by law.

8)

Maintenance. Prior to the issuance of a building permit under this chapter, a written stormwater management system maintenance plan shall be submitted to the City which shall contain documentation sufficient to demonstrate that the operation and maintenance agency is the legal entity empowered and obligated to perpetually maintain the stormwater management facilities.

a)

The city considers the following entities acceptable to operate and maintain stormwater management facilities:

1.

Local governmental units including the city, county, other municipalities or municipal service taxing units.

2.

Active water control districts or drainage districts, or Community Development Districts, or Special Assessment Districts.

3.

Nonprofit corporations including homeowners associations, property owners associations, condominium associations, or master associations under certain conditions which ensure that the corporation has the financial, legal, and administrative capability to provide for the long-term operation and maintenance of the facilities.

b)

The property owner or developer as permittee is normally not acceptable as a responsible entity, especially when the property is to be sold to various third parties. However, the property owner or developer may be acceptable under one (1) of the following circumstances:

1.

The property is wholly owned by permittee and the ownership is intended to be retained. This would apply to a farm, corporate office, or single industrial facility, for example.

2.

The ownership of the property is retained by the permittee and is either leased to third parties (such as in some shopping centers) or rented to third parties (such as in some mobile home parks), for example.

The stormwater management system to be maintained by the legal entity shall have adequate easements to permit the city to inspect and, if necessary, to take corrective action should the legal entity fail to maintain the system properly. The owner shall be liable to the city for any costs or expenses incurred by the city in taking the necessary corrective action plus twenty (20) percent for an administrative fee.

Maintenance of stormwater facilities shall allow the stormwater management system to perform as originally designed and permitted by the city and other appropriate governmental agencies.

Maintenance shall include compliance with city building and construction codes, and all other applicable city codes. No owner or successor shall remove, destroy, modify, subvert or render inoperable, through act or omission, any part of a stormwater system unless approved by the city engineer in writing in advance of any alteration.

The legal entity shall execute and record a document acceptable to the city attorney which defines its authority and responsibility for maintenance of the stormwater management system, defines how the maintenance is to be performed, defines the funding mechanisms for the required maintenance, and provides a legal mechanism assuring the perpetuation of the maintenance.

In order to assure maintenance during a two-year maintenance period, security shall be submitted before acceptance of the constructed facilities. The security shall be in the form of an approved financial instrument which may include, but not be limited to, cash or performance bonds and letters of credit. The amount of security shall be as required by the City. The security shall be released at the end of the two-year period upon inspection which confirms that the system has been properly maintained and is operating in accordance with the approved construction plans.

If inspection reveals that the legal entity is not maintaining the system in accordance with this section, the city shall give the legal entity written notice of the corrective actions required to be taken. If the legal entity fails to complete such corrective action within thirty (30) days after notification, the city may enter upon the property and take the necessary corrective action.

9)

Enforcement, penalties, and legal proceedings: If the city determines that the project is not being carried out in accordance with the approved plan or if any project subject to this chapter is being carried out without a permit or if illicit discharges are being introduced to the city's stormwater management system, the person determined by the city to be responsible shall provide corrective measures as determined necessary by the City official and/or designee, shall be liable for any resulting fines and damages, and shall be subject to enforcement as set forth below and elsewhere in the Code of Ordinances.

a)

Emergency cease and desist orders. When the city determines that any person has violated, or continues to violate, any provision of this article, a permit, or an approved plan, or that the person's past violations are likely to recur, and that the person's violation(s) which reasonably appear to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city manager or designee shall issue an order to the violator directing it to immediately cease and desist all such violations and directing the violator to:

1.

Immediately comply with all permit, ordinances and other requirements of law; and

2.

Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating any discharge.

3.

A person that is responsible, in whole or in part, for any violation presenting imminent endangerment may be required to submit a detailed written statement describing the causes of the violation and the measures taken to prevent any future occurrence, to the city upon receipt of the emergency order.

4.

Anyone notified of an emergency order directed to that person under this subsection shall immediately comply and stop or eliminate the violation. In the event of a violator's failure to immediately comply voluntarily with the emergency order, the city shall take such steps as deemed necessary to prevent or minimize harm and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The city may allow the person to recommence its activities when it has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless further termination proceedings are initiated against the violator under this article.

5.

Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.

b)

In addition to all other required remedial actions, all persons in violation may be required to, upon detection and/or written notification by the city, provide a written response outlining the temporary and permanent measures that will be taken to correct the violation and a proposed schedule for completion of the corrective measures. All such proposals for corrective action are subject to the approval of the city manager or designee.

c)

Should any person responsible for a violation of this article fail to take the remedial action as required by the city, the city may take such remedial action, and all costs incurred by the city shall be the responsibility of the person or persons responsible for the violation, and the city may record a lien against the personal and/or real property of the violators to recover said costs and to collect all fines and penalties imposed.

d)

In addition to the remedies provided herein, the city may make application to a court of competent jurisdiction for injunctive relief to restrain any person from violating or continuing to violate the provisions of this regulation. In addition, the city may also seek entry of a court order requiring restoration and mitigation of any impacted facilities, land, or waters, and may request any other appropriate legal remedy, including reimbursement of court costs. The city shall be entitled to an award of attorney's fees in prosecuting such actions, together with all attorney's fees and costs on appeal.

e)

Nothing herein shall preclude the city from electing one or more of these remedies concurrently.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-01-558, § 5, 2-6-17; Ord. No. 2017-04-562, § 4, 3-20-17; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Exterior Lighting General: Exterior lighting shall provide adequate illumination to safely guide vehicles and pedestrians into, out of, and within a site. Exterior lighting shall also serve to deter vandalism. Exterior lighting sources shall render colors faithfully so that pedestrians and vehicle operators are able to distinguish colors and objects within their field of vision. Exterior lighting shall be arranged to eliminate glare on-site and spillover onto adjacent properties and public streets. Examples of acceptable exterior lighting fixtures may be found in the City's specifications manual.

B)

Street Lighting: Street lighting plans, including fixture-type and pole locations, shall be submitted to the City as part of the Final Construction Plan set.

1)

All developments having a density of one (1) unit or more per acre shall provide for installation of street lights in conjunction with the construction of new roadways or reconstruction or widening or initial paving of existing roads in accordance with the following standards:

a)

Arterials: Lighting units (twenty-two thousand (22,000) lumen) along arterial streets generally spaced one hundred (100) feet to one hundred fifty (150) feet on alternate sides of the street. All intersections must be provided with street lighting.

b)

Collectors: Lighting units (sixteen thousand (16,000) lumen) along collector streets generally spaced two hundred (200) feet to two hundred fifty (250) feet on alternate sides of the street. All intersections must be provided with street lighting.

c)

Local Roads: Lighting units (five thousand two hundred (5,200) lumen) on local streets generally spaced two hundred (200) feet to two hundred fifty (250) feet on alternate sides of the street. Street lights shall also be provided at intersections or at points along the road such as sharp curves or culs-de-sac where lighting would decrease the potential for accidents.

2)

Proposed street lighting along these rights-of-way must be submitted as part of the Final Construction Plan set and reviewed and approved by the utility provider and the City. Construction costs for new street lights on public or private streets shall be paid for by the developer.

3)

All electrical wiring for street lights shall be underground.

4)

Any costs for the fixtures and installation of these fixtures are the responsibility of the developer. Fixtures shall be full cutoff luminaire. Poles shall be concrete or metal: wood poles are prohibited.

5)

For standard street lighting on public roads, the developer shall be responsible for the payment of the monthly cost of street lighting for one (1) year after the Certificate of Completion has been issued for the project. Thereafter, the homeowners' or property owners' association shall assume the cost. The developer will need to coordinate with the power company to transfer the utility account into the homeowner or property owner association's name at the appropriate time.

6)

For standard street lighting on private roads, the developer shall be responsible for the payment of the monthly cost of street lighting for one (1) year after the Certificate of Completion has been issued for the project. Thereafter, the homeowners' association or property owners' association shall assume the cost. The developer will need to coordinate with the power company to transfer the utility account into the homeowner or property owner association's name at the appropriate time.

7)

Each lighting plan submitted to the City shall, at a minimum, depict the following:

a)

Location of lighting fixtures.

b)

Height of light poles.

c)

Type of lighting fixtures.

d)

Levels of illumination.

e)

Color of light.

f)

Deflector and beam direction.

g)

Area to be lighted by each lighting fixture.

8)

All street lighting in the entire development will be installed and working prior to a Certificate of Occupancy (CO) being issued by the City for any dwelling unit or building. This would exclude the construction of model homes when used for sales purposes. No model home shall be occupied for residency until the street lights are installed.

C)

Underground Utilities: Utility lines of all kinds, including, but not limited to those of franchised utilities, electrical power, telephone, cable television, and gas, shall be constructed and installed beneath the ground in the street right-of-way and/or a front yard utility easement within new developments.

The underground installation of appurtenances such as transformer boxes, pedestal-mounted service or terminal lines for electricity, telephone, cable television, or gas service, or similar service hardware necessary for the provision of electric, telephone, cable television, and gas service, shall not be required; provided, however, such appurtenances may be installed underground at no cost to the City.

If pedestal-mounted service or terminal boxes or similar hardware for electric, telephone, cable television, and gas service are installed aboveground on a residential lot which is less than seventy (70) feet in width where the lot abuts the street right-of-way line (whether public or private), then in such event the aboveground hardware shall be located within the side yard utility easement and forward of the front building setback line a distance of no more than five (5) feet. The proposed subdivision shall include all necessary easements for the location of such incidental appurtenances in accordance with the provisions of this subsection. This subsection is not applicable to pad-mounted electrical transformers.

It shall be the developer's responsibility at the developer's expense, to make the necessary arrangements with each utility in accordance with the utility's established policies.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Vegetation and Soil Protection:

1)

Purpose and Intent. The purpose of this Section is to prohibit the destruction of natural vegetation and the changing of natural grades and drainage problems until a development order or development permit has been approved. Additionally, this Section provides for protective measures for both vegetation and soils to be implemented prior to construction. Additional protection is provided for in other sections of this LDC.

2)

Required Vegetation Preservation. The following preservation measures shall be implemented on all construction sites as applicable:

a)

Clearing Procedures. The applicant shall be responsible for insuring that all possible measures are taken during the clearing process to avoid damage to trees and vegetation designated to remain after construction. This shall include use of hand labor rather than large machinery where necessary to protect trees to be preserved. All felled material shall be promptly and carefully removed from the site in order to avoid potential damage to remaining trees and vegetation and the harboring of insects, snakes, and rodents.

b)

Protective Barricades. Protective barricades shall be constructed (prior to clearing) around all trees and vegetation designated to remain. These barricades shall be located at the dripline of the trees or vegetation and shall specifically be comprised of orange netting together with four-foot, 2-by-2 posts. Where this cannot reasonably be accomplished, the applicant will locate the barricade as close to one (1) foot away from the tree trunk for every diameter at breast height (DBH) inch as is practical or reasonable, when approved by the City Manager or his or her designee. The barricade should be rigid and sturdy enough to survive the construction period, however, any suitable new or scrap material may be used in its construction. With the approval of the City Manager or his or her designee, large wooded areas may be tagged or similarly designated instead of barricaded.

1.

Absolutely no fill, building materials, trash, or other objects shall be placed inside these barriers. If fill is deposited adjacent to these areas, a suitable temporary or permanent retaining structure shall be constructed to prevent siltation of the barricaded area.

2.

Barricades are to be adequately maintained and shall remain in place until their removal or modification is approved in writing. Failure of the applicant to properly locate and/or maintain the barricade may result in the issuance of a Stop Work order, and the requirement that the applicant provide a restoration plan to the City Manager or his or her designee.

c)

Use of Alternate Surfaces in Traffic Areas. Where traffic areas are proposed at or near natural grade, alternate pervious surfaces such as "turf block" may be used in conjunction with stone or gravel. The development will be required to conform to the required asphalt paving area outlined in this Article.

d)

Excavations. Swales and minor negative grade changes should always be designed around the dripline area as much as possible. Any exposed roots shall be trimmed. Piping should be used where deep swales or ditches would require significant grade change adjacent to trees.

e)

Trenching. Trenching of any type should be avoided in the dripline area. Where underground installations are required adjacent to the trunks of specimen trees, tunneling should be used. When trenching or tunneling near trees to remain, protective measures should be taken.

f)

Buffers in the Green Swamp. Required buffers in the Green Swamp shall be preserved in their natural vegetative conditions, other than removal of specific invasive species.

3)

Required Soil Conservation. The following soil conservation measures shall be taken on all construction sites as required.

a)

During Construction. The contractor shall follow standard practices or details specifically included in his environmental permit to prevent erosion and the depositing of soils off the construction site. These practices shall include the protection of bare soils from wind forces and stormwater.

b)

After Construction. All disturbed areas shall be mulched, seeded, or sodded to restore the original vegetation as required by the permit-issuing authority, and shall be maintained as such. The removal or lack of maintenance of vegetation resulting in on-site and/or off-site erosion (sedimentation or siltation or both) or wind-blown loss of soils shall be deemed a violation of this Section.

B)

Disposal of Debris: The burying of rubbish, logs, lumber, building materials, underbrush, trash or other matter which would decompose or allow the land to thereafter settle is hereby determined to be a change or modification of the grade of land for which no permit shall be issued except upon certification to the City Manager or his or her designee that the same is necessary or desirable in the public interest. Disposal of debris is specifically prohibited in the Green Swamp.

C)

Species of Special Concern, Threatened, or Endangered:

1)

Purpose and Intent. It is the purpose of this Section to provide standards necessary to protect the habitats of species, both flora and fauna, of endangered, threatened, or special concern status. It is the intent of this Section to require that an appropriate amount of land shall be set aside to protect habitat of rare, endangered, or special concern plant and animal species.

2)

Applicability. Proposals for development shall identify the presence and location of any on-site Species of Special Concern, Threatened Species, or Endangered Species as listed by the Florida Game and Freshwater Fish Commission, the U.S. Fish and Wildlife Service or the Florida Department of Agriculture and Consumer Services, as well as any locally designated species.

3)

Habitat Management Plans.

a)

Developments with on-site populations of species of Special Concern, Threatened Species, or Endangered Species status shall submit a Habitat Management Plan to the Florida Game and Freshwater Fish Commission for approval. The City shall then include the plan as a condition of approval.

b)

The Habitat Management Plan shall be prepared by an ecologist, biologist, or other related professional. The Plan shall document the presence of affected species, the land needs of the species that may be met on the development site, and shall recommend appropriate habitat management plans and other measures to protect the subject population.

c)

The Habitat Management Plan shall be guided by the following standards:

1.

Development shall be clustered away from the habitats of endangered and threatened wildlife and species of special concern.

2.

To the maximum extent possible, wildlife corridors shall be maintained and the fragmentation of large ecological community associations shall be prevented.

3.

The habitats of endangered and threatened wildlife and species of special concern shall be buffered consistent with applicable adopted requirements.

4.

On-site plant species listed by the Florida Department of Agriculture and Consumer Services shall be preserved to the maximum extent possible.

D)

Wetlands Protection:

1)

Purpose and Intent. The purpose of this Section is to protect the wetland functions of water quality enhancement, water quality management, climatic stability, wildlife, and human use by:

a)

Minimizing the disruption of wetland functions by limiting development in and/or transferring development rights from wetlands;

b)

Considering the impact of development activities on wetlands functions through the City land development regulations process;

c)

Regulating development activities according to wetland significance with the degree of protection afforded a wetland being in direct relationship to the significance of a wetland;

d)

Using performance standards as the basis for minimizing the impact of development activities on wetland functions;

e)

Providing for the multiple use of wetlands for compatible development activities which do not disrupt wetland functions; and

f)

Providing for development flexibility through the availability of mitigation/compensation measures where more beneficial environmental results can be achieved.

2)

No new development shall be located within twenty-five (25) feet of the furthest upland extent of any wetlands or water body. This shall be considered the upland buffer. Buffers shall remain with native vegetation in place or shall be revegetated with indigenous plant species in order to protect the adjacent wetland system.

3)

Development shall be directed away from the wetlands and conducted in a manner to protect the vegetation, habitat and the water storage, water quantity, water quality, and recharge functions of the wetlands to the maximum extent allowed by law.

4)

Within the Green Swamp, no development shall be allowed in the wetlands except to provide access to a site where no feasible alternative exists.

5)

Outside of the Green Swamp, development allowed in wetlands and water bodies, if approved by the St. Johns River Water Management District, the United States Army Corps of Engineers, and/or the Florida Department of Environmental Protection, as may be required, is limited to the following:

a)

Access to a site where no feasible alternative exists.

b)

Water dependent structures, such as, but not limited to, boat docks, boat ramps, boat launches, pile supported walkways, soil erosion control measures, and seawalls, shall be allowed within wetlands. All portions of the structure that will be immersed in or touch wetlands and/or surface waters shall be constructed from materials that will not degrade water quality of the wetland and/or surface water, such as, but not limited to non-treated wood and concrete.

c)

City, County, State, and Federally approved reclamation or restoration projects located on environmentally sensitive lands shall be allowed.

6)

Filling or dredging of wetlands is specifically prohibited in the Green Swamp, except as listed below, and only if approved by the St. Johns River Water Management District, the United States Army Corps of Engineers, and/or the Florida Department of Environmental Protection, as may be required:

a)

In those instances where dredge or fill activities are authorized, the applicant must demonstrate that there is no other reasonable, practical or economical alternative, the applicant can adequately mitigate for the dredge or fill activity, and without the dredge or fill activity the property owner will be deprived of reasonable use of the property.

b)

Water dependent activities, which includes uses and structures such as docks, platforms, and pile-supported walkways or similar structures;

c)

As needed for access to the site;

d)

As needed for traffic circulation and for purposes of public safety, where other alternatives do not exist;

e)

Utility transmission and collection lines; or

f)

Mining that is not specifically prohibited in the Green Swamp and that meets local, state and federal regulations.

7)

Filling or dredging of wetlands outside the Green Swamp shall only be allowed for the following activities listed below and shall be approved by the St. Johns River Water Management District, the United States Army Corps of Engineers, and/or the Florida Department of Environmental Protection, as may be required.

a)

Water dependent activities;

b)

As needed for access to the upland portion of a site;

c)

As needed for internal traffic circulation and for purposes of public safety, where other alternatives do not exist;

d)

Utility transmission and collection lines;

e)

Pretreated storm water management if approved by the jurisdictional agency; or

f)

Mining that meets local, state and federal regulations.

E)

Setbacks from Waterbodies:

1)

Purpose and Intent. The purposes for setbacks from waterbodies (located wholly or partially within the City) include, but are not limited to:

a)

Protecting the public's interest in waterbodies;

b)

Protecting private property rights and values;

c)

Protecting and maintaining the chemical, physical, and biological integrity of those waterbodies, and their associated wetlands, floodplains, and shoreline habitats;

d)

Minimizing runoff pollution of surface waters;

e)

Minimizing sedimentation and siltation;

f)

Protecting aquatic (and adjacent) habitats for fish, other aquatic or amphibious life, and wildlife;

g)

Preventing the spread of exotic and other invasive vegetation; and

h)

Protecting aesthetic and recreational values.

2)

Restrictions within Shoreline Protection Zone.

a)

Shoreline Protection Zone. No structures shall be constructed or placed within fifty (50) feet from the normal high water elevation of lakes, rivers, and creeks, except for boardwalks, fishing piers, boat docks, boat houses, gazebos, boat ramps, or canoe launches that are issues applicable to site development plans and building permits. Specifically prohibited are domiciles, pools, storage buildings, screen rooms, green houses, tents, patios, antennae, fueling facilities, satellite dishes, solar panels, and other accessory structures. This buffer shall be considered the Shoreline Protection Zone.

b)

No outdoor storage of vehicles, equipment, materials, debris, trash, or chemicals shall be allowed within fifty (50) feet from the normal high water elevation of lakes, rivers, and creeks, without a conditional use. No outdoor storage of watercraft shall be allowed within an area twenty (20) linear feet landward of the shoreline, except where such storage occurs on an approved boat dock.

c)

Storage or use of fertilizer, pesticides, herbicides, fungicides, fuel, lubricants, or other chemicals within any waterfront buffer or setback is prohibited.

d)

Unless otherwise specifically authorized in writing, a swale and berm system shall be used and properly located, installed, and maintained, to prevent lot or other drainage from flowing directly into the receiving waterbody or causing or significantly contributing to the sedimentation, siltation, or degradation of stormwater facilities, wetlands, water bodies, or adjacent properties.

e)

Silt fences and other appropriate devices, as may be required or approved in writing, shall be installed and maintained as depicted in current FDEP Best Management Practices for Erosion and Sedimentation Control specifications. Any shoreline dredge and fill work, including installation of pilings, shall require adequate installation and maintenance of turbidity barriers/curtains, unless specifically exempted by the City Manager and/or his or her designee.

f)

New waterfront development shall ensure that adequate waterfront buffers and setbacks (i.e., not less than fifty foot building setbacks), are specified for width, composition, and maintenance/preservation and will be monitored on not less than an annual basis to ensure, at a minimum, the following buffer functions are maintained:

1.

Aesthetic Buffer Features;

2.

Erosion (sedimentation and siltation/turbidity) Control;

3.

Maintenance of Water Quality and Quantity; and

4.

Fish and Wildlife Habitats and Corridors

g)

For lots or parcels located on a lake or river, and not located within the Green Swamp, a maximum of thirty (30) linear feet of a waterfront may be cleared for waterfront access or view without meeting the requirements of the permit requirements. The thirty (30) feet shall be approved through a Clearing, Grading, and Tree Removal Permit. Minimal tree and vegetation removal shall occur and may need to curve between existing trees and other vegetation to minimize negative environmental impacts.

h)

Trees that pose a clear threat to the public safety or to a structure or invasive and nuisance vegetation may be removed, subject to written approval, after a site inspection by the City to determine the extent of the alleged threat.

3)

Permit Requirements: Applicants for all waterfront, waterfront buffer, or waterfront setback tree or vegetation removal, clearing, underbrushing, grading, filling, excavating, or other site work must obtain, at a minimum, a Clearing, Grading, and Tree Removal Permit. It is the obligation of the applicant to obtain and comply with all the requirements of pertinent State and Federal permits (SJRWMD, FDEP, United States Army Corps of Engineers, etc.).

a)

The application package shall include, as a minimum, a signed survey, a clear and definitive description of the type and extent of proposed activities (clearing, construction, and final proposed uses in the waterfront or setback area), methods of execution, vegetation and tree protection measures, and any other reasonable anticipated negative impacts upon listed plant and/or animal species, upon adjacent properties, or upon ambient surface water quality. This description shall include the time of year (with regard to, for example, wet or dry season, breeding season for animals, spawning season for fish, as applicable) that the clearing and construction is proposed to occur.

b)

Trees and vegetation proposed for removal shall be clearly described in terms of species, size, location, condition, and extent of removal.

c)

Any proposed dredge and fill activities in or adjacent to a waterfront, waterfront buffer, or in any waterfront setback shall require a Clearing, Grading, and Tree Removal Permit, as applicable. The application shall contain an adequately descriptive site development plan. Approval of a Clearing, Grading, and Tree Removal Permit for a dredge and fill operation shall be contingent upon receiving all other applicable State and Federal permits or letters of exemption, if pertinent to the proposed operation.

4)

Violations: Violations of this Section may result in issuance of a Stop Work order, fines, or both. The City may also require a restoration plan, prepared by the applicant, to restore the site and adjacent properties and/or waterways to their previous condition. The City Manager or his or her designee shall determine which enforcement procedure or combination of procedures is applicable, and whether or not a restoration plan needs to be referred to the City Council for approval.

F)

Wellfield Protection:

1)

Purpose and Intent. The purpose of wellfield protection standards is to safeguard the health, safety, and welfare of the citizens of Mascotte. This is accomplished through ensuring the protection of the principal sources of water for domestic, agricultural, and industrial use. The availability of adequate and dependable supplies of good quality water is of primary importance. Therefore, standards are described in this Section with the intent of protecting both the quantity and quality of the groundwater supply. It is the intent of this Section to control development in and adjacent to designated wellfields to protect water supplies from potential contamination.

2)

Restrictions on Development.

a)

Within the Zone of Exclusion. No development activities shall take place within a 125-foot radius of an existing or designated protected wellfield. Within a 200-foot radius, the following uses are prohibited:

1.

Septic Tanks

2.

Sanitary Sewer Facilities

3.

Solid Waste Disposal Facilities

b)

Prohibited Uses and Development Activities within the Wellhead Protection Zone. The following land uses are prohibited within Wellhead Protection Zones:

1.

Landfills

2.

Excavation of waterways or drainage facilities which intersect the water table

3.

Mines

4.

Feedlots or other concentrated animal facilities

5.

Wastewater treatment plants, percolation ponds, septic tanks, and similar facilities

6.

Facilities for the bulk storage (including underground storage), handling or processing of materials on the Florida Substance List (F.S. Ch. 442)

7.

Activities that require the storage, use, handling, production or transportation of restricted substances: agricultural, chemicals, petroleum products, hazardous/toxic wastes, industrial chemicals, medical wastes, etc.

c)

Special Restrictions on Development Allowed within the Wellhead Protection Zone:

1.

Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers.

2.

Where development is proposed in areas with existing wells, the City shall establish a schedule to abandon these wells as potable water sources, including adequate sealing and plugging according to Chapter 17-28, Florida Administrative Code.

G)

Green Swamp:

1)

Special Overlay Area. All of the Green Swamp shall be located within the "Green Swamp Overlay Area".

2)

Development within the Green Swamp. Any development and land use within the Green Swamp shall be regulated by Section 3.10, Part B, of this Code (Green Swamp Overlay Area), as well as other Sections of this Land Development Code and the Comprehensive Plan. Where there is a conflict in policy, standard, or regulation, the more stringent shall apply.

3)

Maintenance of On-Site Sewage Disposal Systems. At least once every five (5) years, every parcel owner with one (1) or more on-site sewage disposal system within the Green Swamp shall have all septic tanks inspected and evaluated in accordance with the requirements of F.S. § 381.00651, and Chapter 64E-6 of the Florida Administrative Code, all as amended from time to time. The City of Mascotte shall coordinate with the Lake County Health Department. All fees required under F.S. § 381.0066, and Section 64E-6.030, Florida Administrative Code shall be paid by parcel owners solely to cover the costs of administering this program. Parcel owners may also be required to pay such other fees set by ordinance of the City in consultation with Lake County Health Department in conjunction with administration of this program.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-01-556, § 6(Exh. C), 3-20-17; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

General: Areas that are determined to be environmentally sensitive open space areas at the time of final development approval shall be designated as conservation easements consistent with F.S. § 704.06 and shall run to the benefit of the City or other public agency and are enforceable by the City. Other areas, such as buffer easements, tracts, or zones shall be afforded protection by this Section and elsewhere in this Article.

B)

Purpose and Intent:

1)

To establish, demarcate, maintain, and monitor conservation easements, tracts, or zones in their intended state or condition to ensure the perpetual aesthetic, biological, conservation, ecological, open space, and (in some cases) historical or recreational characteristics so that after development of adjacent or nearby areas, these areas will continue to provide as many of their original or previous functions as can reasonably be maintained.

2)

To establish, demarcate, maintain, and monitor buffers set forth as easements, tracts, or zones, in their intended state or condition to ensure the perpetual buffer function.

3)

To provide information to owners, developers, adjacent property owners, and applicable management associations to help ensure compliance with this Section.

C)

Restrictions:

1)

Unless specifically stated otherwise in the dedication of the conservation or natural buffer easement, tract, or zone, or in any other legal document, the destruction or removal of trees, cypress "knees", shrubs, or other vegetation, any dredge and fill, dumping, grading, mowing, or other similar activities shall be prohibited, except as permitted by the City Manager or his or her designee. The following may be permitted:

a)

Removal of invasive, nuisance, or prohibited plant species after site inspection by the City Manager or his or her designee. A management plan, conservation plan, or restoration plan may be required by the City Manager or his or her designee before commencing such work, depending on the scope and magnitude of the proposed activity.

b)

Clearing or tree removal, limited only to that necessary to accommodate associated construction of a boat dock or boardwalk on a waterfront lot (where these structures are specified as permissible uses), the structure not to exceed four (4) feet wide, through these conservation or natural buffer easements that extend over single-family residential platted lots that abut navigable waterways. Such clearing or tree removal shall be limited to the least necessary to provide a maximum of four (4) feet walk width. This may result in provision of a curvilinear walk or boardwalk that is located around trees and other vegetation, to minimize environmental disruption. Further joint boardwalks along property lines will be required where practical to reduce the impact to the conservation easement, tract or area.

c)

Trees which pose a threat to safety or a structure may be removed from a conservation or buffer easement, tract, or zone, subject to clearly demonstrating the hazard to the City Manager or his or her designee, receiving written permission from the property owner (if different than the applicant), and subject to receiving an arbor environmental permit for such removal. Such removal shall be the minimum necessary to eliminate or minimize the threat.

d)

No paving or fill shall be allowed within a conservation or natural buffer easement, tract, or zone, unless specifically authorized by an approved subdivision or site development plan, or specifically approved by the City Council.

D)

Permit Requirements:

1)

Conservation Easements, Tracts, and/or Zones. Where a proposed activity is specifically allowed in a conservation easement, tract, or zone, the applicant for any tree or vegetation removal, clearing, under brushing, grading, filling, excavating, or other site work (in these easements, tracts, or zones) must obtain at a minimum, a Clearing, Grading, and Tree Removal Permit or an environmental permit, as applicable. A pre-application conference with Staff may be required, depending on the nature and extent of the proposed activity. It is the obligation of the applicant to obtain and comply with all the requirements of all pertinent State and Federal permits as well as with all applicable City regulations.

2)

The application package shall include, as a minimum, a signed and sealed survey, a clear and definitive description of the type and extent of the proposed activities and how the proposed activities are permissible uses within the conservation easement, as well as methods of execution, vegetation and tree protection measures, and reasonably anticipated negative impacts upon listed plan and or animal species, upon adjacent properties, or upon ambient surface water quality, as applicable. The description shall include the time of year with regard to, for example, wet or dry season and breeding season for pertinent fish and/or wildlife, that the clearing and construction is proposed to occur.

3)

All clearing, tree removal, under brushing, excavation, filling, grading, construction, or other site activities in buffers shall be in compliance with approved site development or subdivision plans. This shall not apply to normal mowing and/or the normal maintenance of landscape plantings in landscaped or sodded areas of buffers.

E)

New Development: Subdivision, PUD plans, final plats, and site development plans, shall ensure adequate provisions to ensure conservation easements, tracts, and zones are specified adequately for area/size, composition, demarcation (in the field), maintenance/preservation, monitoring, and enforcement. Buffers shall be adequately provided and maintained in their approved condition.

F)

Violations and Enforcement: Unauthorized tree or vegetation removal or destruction, dumping, mowing, or discharge of chemicals, dredge filling, grading, cultivation, or any other unauthorized activity is a violation.

(Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

Every development shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within such development.

The Fire Chief shall determine the precise location of all fire hydrants subject to the other provisions of this Section. In general, fire hydrants shall be placed six (6) feet behind the curb line of publicly dedicated streets that have curb and gutter and at property lines of non-curbed public dedicated streets.

The Fire Chief shall determine the design standards of all hydrants based on fire flow needs. Unless otherwise specified by the Fire Chief, all hydrants shall be two (2), two and one-half (2½) inch hose connections and one (1), four and one-half (4½) inch hose connection. The two and one-half (2½) inch hose connections shall be located at least twenty-one and one-half (21½) inches from the ground level. All hydrant threads shall be national standard threads. The minimum fire flow must be five hundred (500) gallons per minute with twenty (20) pounds per square inch (psi) residual pressure in single-family residential areas and one thousand two hundred fifty (1,250) gallons per minute with twenty (20) psi residual pressure for other development. The City may require greater gallons of flow depending on the size of the building and/or its property use.

Potable water lines that serve hydrants shall be at least eight-inch lines, or a six-inch loop that provides the minimum flow requirements, and, unless no other practicable alternative is available, no such lines shall be dead-end lines.

Residential developments shall provide private recreational space in the development equal to or greater than two hundred fifty (250) square feet per lot. Residential developments with fifty (50) dwelling units or less are exempt from this specific requirement. In addition to the square footage requirement for land, developments shall include amenities on these private recreational areas for their residents. This is in addition to the public park requirements that are met through the park impact fee. Private amenities may include swimming pools, tennis courts, picnic pavilions, tot lots, or other similar facilities that are incorporated into the overall design of the development and meant for the enjoyment of the residents of the development.

The number of amenities required per development will be based on the number of residential units in the development. Table 5-3 below, outlines the specific number of amenities required with the associated number of residential units.

Table 5-3 Private Amenities Required in Residential Developments

Add one (1) amenity for each one hundred (100) additional units or fraction thereof.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-01-556, § 6(Exh. C), 3-20-17; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Service areas visible from a public right-of-way or abutting properties shall be screened by a six-foot high panel fence or wall, or a combination of berms, panel fences. walls, and landscaping to create a six-foot high screen.

B)

Utility fixtures, ventilation equipment, and mechanical equipment, when outside a structure, shall be screened with walls, fences, dense plant material, or a combination thereof.

C)

Dumpsters and solid waste refuse facilities shall be screened by a six-foot panel fence, masonry wall, or brick wall and shall match the structure they support. Such walls shall screen the refuse receptacle on three (3) sides with the access side oriented towards the interior of the site and away from areas visible to abutting properties. The access side of the storage area shall be equipped with a mechanism or device to ensure the gate closes and latches on its own.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Fences and Walls.

1)

Plans, specifications and fence permits. Plans showing the proposed location of any perimeter fence or wall proposed to be erected and specifications for the type of construction shall be submitted to the City for review, compliance approval and issuance of a building permit prior to commencement of construction. No perimeter fence or wall shall be constructed or erected except in compliance with these fence regulations and no permit for the construction of any perimeter fence or wall shall be issued unless the plans and specifications comply with these fence regulations. The property owner shall be responsible for ensuring that a fence or all is constructed within their property boundaries and not on within any easement, right-of-way, or any area other where not allowed. The property owner shall be solely responsible for relocation of any fence or wall that is discovered to have been installed outside of their property's boundaries, within an easement area, with in a right-of-way, or any other area where not allowed. The City will not verify the property owner's boundaries or existence of any easement, or other property interest as part of the application process. The city council may by resolution establish the amount to be paid by an applicant for compliance review of plans and specifications for perimeter fences and walls, issuance of building permits for the construction or erection of perimeter fences and walls, and compliance inspection and approval of perimeter fences and walls.

2)

Fencing of easements and rights-of-way. No person shall enclose or fence any utility easement unless they have provided adequate access thereto for the purpose of working on utilities or repairing and maintaining utilities therein or thereon located, such access to be provided in such a way that no such fence will have to be cut or any wall removed. No dedicated right-of-way shall be fenced or otherwise enclosed or obstructed by any perimeter fence or wall.

3)

General regulations or restrictions for perimeter fences.

a)

All perimeter fences located, erected, constructed, reconstructed or altered outside of the building lines of all property in the city shall not be more than four (4) feet in height from the front building line to the front lot line and not more than six (6) feet in height from the front building line to the rear easement or property line, with the following exceptions:

1.

No perimeter fence shall be permitted within the area formed by property lines adjacent to intersecting streets for a distance of twenty-five (25) feet, or as determined by the City Manager or designee, from their intersection with one (1) another at a height greater than three (3) feet.

2.

Fences around wireless telecommunications facilities and antennas, lift stations, stormwater ponds, water and wastewater facilities and treatment plants, substations, and any local, state and federal land uses, including schools and preschools, are permitted to be in excess of six (6) feet and no greater than eight (8) feet in height from finished grade.

3.

If deemed necessary by the City Manager or designee in the interest of maintaining public safety a construction site which requires clearing, grading, stockpiling of materials, and storage of construction equipment, parking, demolition or construction shall have a construction fence. In such case a temporary six-foot chain link fence with a single color black or green fabric, or other screening materials as approved by the building official shall be located at the front, side and rear lot line of the construction site. Where a lot line is along a water body, the fence shall be placed no closer to the water than the yard setback line and shall not exceed three (3) feet in height. The fence gate shall remain locked during non-working hours. The fencing shall remain in place, upright and in good repair, until it is no longer needed to complete the project site and shall be removed prior to issuance of a certificate of occupancy for the project site.

4.

The portion of any fence which crosses a driveway shall be constructed a minimum distance of sixteen (16) feet away from the adjacent right-of-way.

b)

All fencing that is erected shall be of good workmanship, strength, and durability. All permitted fences, after construction, shall be maintained by the property owner in good order and repair consistent with original plans and specifications, these regulations and restrictions and existence building and construction codes. Any failed components shall be replaced as needed.

c)

Perimeter fences in or adjacent to any residential use shall not be constructed of chicken wire, hog fencing, barbed wire, or similar fencing material except for purposes of containing permitting animals or livestock on (i) properties with an agricultural use component that contain nonresidential buildings that are exempt from the Florida Building and local ordinances or (ii) for properties that are exempt from local regulations on agricultural uses per F.S. § 823.14. Perimeter fences constructed for the purpose of containing permitted animals or livestock shall not be constructed of any material that exposes sharp or barbed edges on the outside perimeter adjacent to public areas or any adjacent residential use.

d)

Construction of chain link fencing shall not be permitted for or adjacent to any residential use except as specifically allowed under subsection 4) below.

e)

Perimeter fences incorporating razor wire shall not be permitted.

f)

All wood fencing shall be constructed using only rot and termite-resistant wood products or wood products which have been chemically treated to resist rot and termites, and shall be constructed with the structural supports facing away from the property lines.

4)

Types of fences permitted. The following types of fences may be constructed and erected:

a)

For residential uses, front yard, perimeter fences constructed or erected forward of the front building line to the front lot or parcel line shall be constructed in compliance with the following fencing "type" requirements:

1.

Decorative fences of ornamental iron or wrought iron or decorative PVC;

2.

Picket type fencing;

3.

Old type rail fence or wood single or double paddock fencing.

4.

Chain link fencing that existed prior to May 7, 2019, may be replaced with non-vinyl chain link fencing or black or green vinyl coated chain link fencing until December 31, 2049. After December 31, 2049 subsequent replacement must be of the fencing types set forth in subsection 4) a) 1., 2. and 3.

b)

For residential uses, rear and side yard perimeter fences shall be constructed or erected behind the front building line to the rear easement or property line and shall be constructed in compliance with the following fencing "type" requirements:

1.

Decorative fences of ornamental iron or wrought iron or decorative PVC;

2.

Picket type fencing;

3.

Old type rail fence or wood single or double paddock fencing.

4.

Privacy fences of the types described as board-on-board, shadow box, straight picket, stockades.

5.

Manufactured PVC fencing.

6.

Construction of new black or green vinyl coated chain link fencing is permitted in residential side and rear yards so long as such fence is not facing a public right-of-way or park.

7.

Chain link fencing that existed prior to May 7, 2019, may be replaced with non-vinyl coated chain link fencing or black or green vinyl coated chain link fencing until December 31, 2049. After December 31, 2049 subsequent replacement must be-of the fencing types set forth in subsection 4)b)1. through 6.

c)

For commercial uses, perimeter fences may be constructed of:

1.

Decorative fences of ornamental iron or wrought iron or decorative PVC;

2.

Picket type fencing;

3.

Old type rail fence or wood single or double paddock fencing.

4.

Privacy fences of the types described as board-on-board, shadow box, straight picket, stockades.

5.

Manufactured PVC fencing.

6.

Black or green vinyl coated chain link fencing so long as such fence is not immediately adjacent to a residential zoning district, a public right-of-way abutting a residential zoning district, or a public park.

d)

Black or green vinyl coated chain link fence is permitted around lift stations, stormwater ponds, water/wastewater facilities and treatment plants, substations, and any local, state and federal land uses, including schools and preschools, even where such stations, plants, or uses are adjacent to a public right-of-way or park. Barbed wire or other appropriate anti-climbing device may be permitted as a security barrier in excess of the maximum height.

e)

Construction site signage may be required pursuant to Section 5.12(A)(3)(a)(3) above.

5)

Regulations and restrictions for perimeter walls.

a)

Construction of perimeter walls shall be allowed only for the purpose of providing perimeter boundary separation of platted residential subdivisions or as a buffer or physical division to surround, divide and separate manufacturing, industrial or commercial uses from residential uses.

b)

Residential subdivision walls may be constructed to a height of six (6) feet.

c)

Walls may be constructed to a height of six (6) to eight (8) feet for manufacturing, industrial or commercial zoning uses as deemed appropriate by the City Manager or designee.

d)

Except to the extent otherwise permitted in this subsection, walls shall be constructed or erected only in compliance with the provisions of subsections 1), 2) and 3), above.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, § 1, 8-4-08; Ord. No. 2016-01-542, § 4, 1-4-16; Ord. No. 2017-06-568, § 3, 6-5-17; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18; Ord. No. 2019-05-593, § 2, 5-7-19; Ord. No. 2021-09-620, § 2, 10-5-21)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

A)

Intent and Purpose: These architectural design standards are intended to promote and enhance the visual appearance of development within the City of Mascotte to create a stronger sense of place and community identity. The purpose of these standards is to create and maintain a strong community image and identity by incorporating architectural features that provide visual interest while allowing design flexibility.

B)

Residential Design Standards: The architectural design standards for residential developments are intended to promote individual homes that are aesthetically pleasing from all viewpoints and to limit the monotony of neighborhood design that sometimes results from production builders.

1)

Each new single-family residential home in Mascotte shall adhere to the following standards:

a)

Architectural features and elements shall be found on all sides of the house. Window and door trim on the front facade should be carried through to the side and rear elevations. The number of windows and elements on the sides and rear shall be in proportion to the scale of the house as well as the front facade.

b)

The home shall have minimum eaves on all sides of at least twelve (12) inches.

c)

The home shall include several architectural features or elements, such as:

1.

Distinct entryway.

2.

Bay windows.

3.

Porte cochere.

4.

Arches.

5.

Porches.

6.

Dormers.

7.

Brick, stone, or other masonry design elements.

8.

Window and door trim.

9.

Shutters.

d)

For front loading garages which begin at the front building line, the garage shall not equal more than forty (40) percent of the overall front building width. If the garage is recessed at least ten (10) feet from the front building line, then the garage may equal up to fifty (50) percent of the overall front building width. Side entry garages are encouraged. For smaller lots, recessed garages, detached garages located to the rear of the property, or alley accessed garages are encouraged.

e)

Each lot shall include a driveway that will fit two (2) vehicles. As a general rule, vehicles shall be assumed to be eight (8) feet wide (to allow for opening of doors) and eighteen (18) feet long.

f)

All lots shall have landscaping along the front of the residence and shall include a minimum of one shade tree.

2)

Each single-family residential neighborhood shall adhere to the following standards:

a)

Houses on adjoining lots shall not be of similar elevations.

b)

For standard production builders, two (2) adjoining lots shall not have the same house model.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

Editor's note— Ord. No. 2017-11-576, § 2(Exh. A), adopted November 14, 2017, repealed § 5.14. Ord. No. 2018-09-589 § 2(Exh. A), adopted September 26, 2018, enacted the same amendment, but provided for an effective date of September 26, 2018, which was unspecified in Ord. No. 2017-11-576. The former § 5.14 pertained to residential architectural design standards for development in the community redevelopment area and derived from Ord. No. 2008-03-460, (Exh. A), adopted April 21, 2008; Ord. No. 2008-07-466, § 1, adopted August 4, 2008; and Ord. No. 2016-01-542, § 4, adopted January 4, 2016.

A)

Standards for Commercial development:

1)

Height of neighboring buildings should be considered when determining the height of new buildings.

2)

No more than one hundred (150) feet of unbroken wall may be used for a building exterior. For buildings that exceed one hundred (150) feet in length or width, the City will require different building materials and rooflines in order to break up the large expanse of the structure.

3)

No visual outside storage of materials shall be allowed. For sites with buildings greater than fifty thousand (50,000) square feet, additional amenities including, but not limited to, outdoor plazas with fountains, statutes, outdoor seating areas, and other features, will be required.

4)

List key building elements. The intent of requiring a minimum level of architectural ornamentation is to add visual appear to new construction and to maintain and enhance the attractiveness of the streetscape. Primary facades, which directly face public streets, shall be the main emphasis for key building elements; however, the City reserves the right to require architectural elements on the overall building exterior. Buildings on corner lots shall be considered to have two (2) primary facades.

a)

Windows. Display windows, bay windows, along the first floor facade. Upper story window treatments may include shutters, window boxes, or other decorative features. At least twenty (20) percent of the primary facade should be comprised of windows.

b)

Doors. Buildings shall have their primary customer entrance facing the primary street frontage. Primary customer entrances shall be enhanced with architectural details such as arches or columns, or other treatments. Protection from the sun and adverse weather conditions should be considered at entranceways. Awnings, canopies, and arcades are encouraged.

c)

Roof. Peaked roof forms that offer a variety of peak heights. This adds interest and reduces the massing of buildings. New buildings should complement the character of adjacent buildings or buildings in the area. As a guideline, the roofline should vary once every seventy (70) feet and the change in height shall be a minimum of three (3) feet. Priority should be given to the primary facade; however, in the case of flat roofs, parapet walls or false fronts shall conceal flat roofs from the ground level on all sides. Mechanical equipment located on the roof shall be screened from view by the use of parapet walls or by recessing equipment behind roof features. The equipment shall be fully screened from adjacent properties and from rights-of-way at the pedestrian level.

B)

Building Materials:

Certain building materials are more appropriate than others. Materials not listed below or new building materials, as they are developed or become available, will be given special consideration.

Roofing materials (Surfaces visible from the ground):

Permitted: Standing seam metal, clay tile, concrete tile, slate, asphalt shingles.

Siding materials (walls visible from a public right-of-way):

Permitted: Stucco, natural brick, stone, wood, composite siding, metal siding, wood and tile metal siding may be used for no more than fifty (50) percent of walls visible from a public right-of-way).

Colors:

Colors may reflect existing palette of adjacent buildings. Color schemes shall be recommended for approval during the site plan approval process.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, § 1, 8-4-08; Ord. No. 2016-01-542, § 4, 1-4-16; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

The City of Mascotte encourages development that follows standards and practices of the US Green Building Coalition and other similar green building organizations.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

Public Buildings will adhere to design standards set forth in the nonresidential-commercial section. Every effort will be made to develop Public Buildings as Green Buildings.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

There shall be no more than one (1) portable storage unit per site no larger than eight (8) feet wide, sixteen (16) feet long and eight (8) feet high. No portable storage unit shall remain on a site in excess of thirty (30) consecutive days, and shall not be placed on a site in excess of thirty (30) days in any calendar year. An application for one (1), thirty-day extension may be granted if a building permit for work being done on the site has been secured and maintained. It shall be unlawful for any person to place, or permit the placement of any portable storage unit(s) on a site in which they own, rent, occupy, or control without first having obtained a building permit. Portable storage units shall generally be placed only in a driveway unless the rear of the site is readily accessible. It the development services director, or designee, determines that there is no driveway available for placement of a portable storage unit and the rear of the site is not readily accessible, then the portable storage unit may be placed in a front yard as long as the location does not obstruct the free, convenient, and normal use of any easement dedicated for use by the public. The issuance of a permit shall allow the applicant to place a portable storage unit on a property in conformance with the requirements of this chapter. The permit shall be posted in plain view at the site.

a)

Notwithstanding the time limitations set forth herein, all portable storage units shall be removed immediately upon the issuance of a hurricane warning by a recognized government agency. If the City determines that an emergency, other than a hurricane warning by a recognized government agency, provides sufficient cause to exceed or reduce the time limitations which would otherwise apply, the City may allow a portable storage unit to remain at a site for period in excess of such time limitations, or may also order immediate removal of the portable storage unit.

b)

Maintenance and prohibition of hazardous materials. The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discolorations, rust, ripping, tearing, or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances shall be stored or kept within the portable storage unit.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

The change in type or intensity, including such changes as additional buildings, additional livestock, and type of livestock, of agricultural land uses shall be considered an expansion of said agricultural land uses, and shall be subject to the following:

A)

Expanded agricultural land uses shall be located no closer than two hundred (200) feet from any dwelling unit and no closer than two (200) hundred feet from any commercial or industrial building.

B)

Expanded agricultural land uses shall be prohibited from creating new or additional light, noise, dust, or odors that can be detected from any dwelling unit.

C)

The expansion of agricultural land uses shall be subject to review by the City through the Commercial and Industrial Site Plan Review process.

(Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.

Any person adversely affected by a decision of any City official or employee in the enforcement or interpretation of this Article, may appeal such decision to the City Council upon payment of an appeal fee set by resolution of the City Council. City Council, by a majority vote, may affirm, reverse, or modify the decision.

(Ord. No. 2008-03-460, Exh. A, 4-21-08; Ord. No. 2017-11-576, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-589, § 2(Exh. A), 9-26-18)

Editor's note— Ord. No. 2018-09-589, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-576, but provided an updated effective date of September 26, 2018.