The purpose of this article is to set forth engineering design regulations for residential and nonresidential uses as required in this Code. It is also the intent of this article is to implement policies of the comprehensive plan intended to ensure the adequate provision of public facilities and services and to provide development design and improvement standards applicable to, sewer, water, and stormwater management facilities necessary to:

(a)

Meet adopted level of service (LOS) standards;

(b)

Provide adequate service capacities for individual projects; and

(c)

Meet the requirements of the city and other related regional, state, federal or other applicable agencies.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

The design and construction requirements shall apply to:

(a)

Nonresidential and residential subdivision projects (applies to subdivisions with private or public roadway dedications);

(b)

Nonresidential and residential developments, which may or may not require subdivision of land; and

(c)

City and other public agency owned projects.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

(a)

Utility infrastructure.

(1)

Developers are encouraged to install all new utilities underground. Connections from distribution lines, mains, and collectors in the public or utility rights-of-way or easements shall be placed underground if utilities are installed underground.

(2)

Redevelopment projects are encouraged to relocate existing on-site overhead utility lines underground for some or all of the project, as feasible.

(b)

Communication infrastructure. For all new private and public development projects, underground communications conduit(s) shall be installed in accordance with city standards as may be set forth in technical manuals or specifications.

(c)

Traffic control devices. All traffic control devices shall meet the more stringent requirements of the latest edition of the Manual of Uniform Traffic Control Devices, Florida Department of Transportation (FDOT) Design Standards Road and Bridge Technical Specifications, Florida Highway Administration Standard Highway Signs, and FDOT Traffic Engineering and Operations Manuals.

(d)

Connection to central utility systems where available. Unless specifically allowed otherwise herein, water, fire protection/suppression, sewer and stormwater management facilities for all applicable development and redevelopment shall be designed to connect to the city's central utility systems whenever such systems are available.

(e)

Construction standards.

(1)

The design and construction of facilities for providing water, fire protection/suppression, sewer and stormwater management shall comply with all applicable city, county, regional, state and/or federal standards and regulations.

(2)

The city may also adopt technical manuals or specifications pertaining to the city's water, fire protection/suppression, sewer and stormwater management facilities, streets, and other systems.

(f)

Other codes. Wherever the requirements of this LDC conflict with the latest promulgated standards of the following agencies, the stricter standard shall apply:

(1)

Florida Department of Transportation (FDOT).

(2)

Northwest Florida Water Management District (NWFWMD).

(3)

Florida Department of Environmental Protection (FDEP).

(4)

United States Army Corps of Engineers (USACE).

(5)

United States Environmental Protection Agency (EPA)

(6)

Florida Building Code.

(7)

Okaloosa County Health Department.

(8)

Florida Department of Health

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

10.03.01 Purpose.

(a)

The purpose of this section is to establish requirements for the construction and inspection of all developments. The construction inspection procedures set forth in this article and city standards ensure conformity of construction with approved development orders, this LDC, and any conditions of approval.

(b)

Specific construction inspection requirements for water, sewer and stormwater improvements are established in division II of this article. Inspections shall be performed as required by appropriate city departments.

10.03.02 Commencement of construction.

Commencement of construction or disturbance of land of any type is prohibited unless a development order is issued;

10.03.03 Privately owned bridges.

Privately-owned bridges shall meet the design, construction, inspection, maintenance, and reporting criteria in accordance with the FDOT and federal standards.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

10.04.01 Purpose.

The purpose of this section is to establish requirements for the subdivision of land in the city.

10.04.02 Subdivision design standards.

In addition to the requirements stated in other sections of this Code, subdivisions shall be designed according to the following:

(a)

Blocks.

(1)

Block length. Block length shall not exceed one thousand five hundred (1,500) feet. Where block length exceeds eight hundred (800) feet the installation of a pedestrian crosswalk is encouraged.

(2)

Block width. The width of any block shall be of sufficient dimensions to accommodate two (2) tiers of lots, unless prevented by unique topographic or natural conditions, except where one (1) tier of lots abuts an area of nonresidential development, an arterial street, a railroad, or utility rights-of-way.

(b)

Lots. All lots shall conform to the dimensional, yard, and building setback requirements of the applicable zoning district development standards except where a planned unit development (PUD) or community planned unit development (C-PUD) is approved. In addition, the following requirements shall apply:

(1)

Width. Corner lots shall be fifteen (15) percent greater in width than interior lots.

(2)

Depth.

a.

Corner lots shall be deep enough to accommodate the larger required street side yard setback.

b.

Flag lots are prohibited unless approved as part of the development order for a PUD.

(c)

Orientation. Residential lots shall not be platted in such a way that vehicular ingress and/or egress to/from those individual lots is provided from abutting limited access roadways or arterials.

10.04.03 Easements.

(a)

Drainage easements.

(1)

Drainage easements of a width required for conveying and maintaining an adequate stormwater management system shall be provided, at a minimum width of ten (10) feet, where required by the floodplain administrator, along waterways, natural watercourses, and drainage ways.

(2)

Whenever a subdivision lies wholly or partly in any special flood hazard area, such drainage easement shall be set forth on the preliminary and final plat and shall be dedicated to the city for conservation and, if feasible, public use.

(b)

Utility easements.

(1)

An easement for utilities, if required, shall be made available at no expense to the city and shall be at least fifteen (15) feet in width. Easements of greater width may be required for the extension of water or sewer lines, or other utilities.

(2)

Where utility facilities such as sewer lift stations are required for a service area greater than the subdivision subject to development, the city may acquire land from the subdivider/developer under negotiated terms approved by the governing body.

(3)

Utility easements shall normally be laid out on property lines. In all cases, such easements shall be dedicated to the perpetual use of the public. Where lots abut along a common property line, the easement may be centered along said common property line.

(c)

Pedestrian easements. Pedestrian easements or walkways shall be provided through the interior of lots where such easements are required by the city manager or designee. Pedestrian easements shall be at least ten (10) feet wide and shall be laid out alongside or rear property lines. In all cases, such easements shall be dedicated to the perpetual use of the public.

(d)

Public sidewalk easements. Where necessary to reroute a public sidewalk through private property due to inadequate right-of-way or for tree protection, an eight-foot easement shall be provided.

(e)

Easement maintenance. The city will maintain only those easements which it accepts for maintenance.

10.04.04 Sewer.

Subdivisions developed in the vicinity of a central sewer system shall connect into that system if capacity is adequate. The developer must provide necessary collection lines, lift stations, etc., to provide sanitary collection service to each home located in the subdivision.

(a)

Where sewer lines or treatment capacity are not accessible to the subdivision, approval shall be obtained from the health department and/or other concerned agencies to provide individual septic tanks for each lot.

(b)

Subdividers may install a collection system. Such facility shall be designed to tie in with a central sewer system upon the construction of such facility.

(c)

Septic tanks are prohibited in coastal high hazard areas.

10.04.05 Water.

Subdivisions developed in the vicinity of a central water system shall connect into that system if capacity is adequate.

(a)

Where a central water system is not accessible, approval shall be obtained from the Northwest Florida Water Management District, the city or other appropriate agencies to install individual wells for each lot.

(b)

Subdividers may install a community water system upon the approval of the Northwest Florida Water Management District, the city or other appropriate agencies.

10.04.06 Plat recordation prior to construction.

A request to record an approved plat must include all required development orders, all recording costs and fees, and either:

(a)

Evidence of satisfactory completion of all required subdivision infrastructure based on a final inspection report; or

(b)

A surety guaranteeing funds to construct all subdivision improvements, should the developer default in the obligation to complete them.

10.04.07 Compliance with design requirements.

All land development improvements for projects proposed as subdivisions or development plans with private or public roadway dedications, shall comply with all the requirements of this Code, which contain design and construction information for the following:

(a)

Horizontal and vertical dimensional design requirements.

(b)

Roadway, parking, and vehicle access ways.

(c)

Pedestrian pathways, sidewalks, and recreational trails.

(d)

Stormwater management, potable water, reclaimed water, and sanitary sewer infrastructure improvements.

(e)

Clearing, earthwork, and grading.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

10.05.01 Purpose.

The purpose of this section is to safeguard persons, protect property, and prevent damage to the environment in the city. This ordinance also will promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city or deposits or stores building materials or hazardous materials.

10.05.02 Permits.

(a)

No person shall be granted a site development permit that would require the clearing or uncovering of greater than or equal to one (1) acre, without the approval by the planning administrator of an erosion and sediment control plan and a construction site waste management plan.

(b)

No site erosion and sediment control plan or construction site waste management plan is required for any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

(c)

Each application shall include a statement that any construction site shall be in accordance with the erosion and sediment control plan and the construction site waste management plan and that a certified contractor shall be on site on all days when construction activity takes place.

10.05.03 Review and approval.

(a)

The planning administrator will review each application for a site development permit to determine its conformance with the provisions of this section. Within thirty (30) days after receiving an application, the planning administrator shall, in writing:

(1)

Approve the permit application;

(2)

Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or

(3)

Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.

(b)

Failure of the planning administrator to act on an original or revised application within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the planning administrator. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the planning administrator.

10.05.04 Erosion and sediment control plan.

(a)

The erosion and sediment control plan shall include the following.

(1)

A natural resources map identifying resources protected under other article 5 of this Code.

(2)

A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.

(3)

All erosion and sediment control measures necessary to meet the objectives of this section throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.

(4)

Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.

(5)

Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.

(b)

Modifications to the plan shall be processed and approved or disapproved in the same manner as subsection 10.05.03, may be authorized by the planning administrator by written authorization to the permittee, and shall include:

(1)

Major amendments of the erosion and sediment control plan submitted to the planning administrator; and

(2)

Field modifications of a minor nature.

(c)

Design requirements.

(1)

Erosion and stormwater pollution control. Grading, erosion control practices, sediment control practices, and waterway crossings shall comply with erosion control best management practices and stormwater pollution control measures contained in the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual published by the DEP and shall meet city standards for the design criteria adequate to prevent transportation of sediment from the site to the satisfaction of the public works department. Cut and fill slopes shall be no greater than 2:1, except as approved by the public works department to meet other community or environmental objectives.

(2)

Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other articles of this Code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the city's erosion and sediment control technical manual, shall be used to the satisfaction of the planning administrator.

(3)

Clearing, except that necessary to establish sediment control devices shall not begin until all sediment control devices have been installed and have been stabilized.

(4)

Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by the planning administrator.

(5)

Erosion control requirements shall include the following:

a.

Soil stabilization shall be completed within five (5) days of clearing or inactivity in construction.

b.

If seeding or another vegetative erosion control method is used, it shall become established within two (2)weeks or the planning administrator may require the site to be re-seeded or a non-vegetative option employed.

c.

Special techniques that meet the design criteria outlined in the erosion and sediment control manual on steep slopes or in drainage ways shall be used to ensure stabilization.

(6)

Soil stockpiles must be stabilized or covered at the end of each workday.

(7)

The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.

(8)

Techniques shall be employed to prevent the blowing of dust or sediment from the site.

(9)

Techniques that divert upland runoff past disturbed slopes shall be employed.

(10)

Sediment controls requirements shall include:

a.

Settling basins, sediment traps, or tanks and perimeter controls;

b.

Settling basins that are designed in a manner that allows adaptation to provide long term stormwater management, if required by the planning administrator;

c.

Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.

(11)

Waterway and watercourse protection requirements shall include:

a.

A temporary stream crossing installed and approved by the FDEP if a wet watercourse will be crossed regularly during construction;

b.

Stabilization of the watercourse channel before, during, and after any in-channel work;

c.

All on-site stormwater conveyance channels designed according to city standards;

d.

Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.

(12)

Construction site access requirements shall include:

a.

A temporary access road provided at all sites;

b.

Other measures required by the planning administrator in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.

10.05.05 Construction site waste management plan.

The construction site waste management plan shall provide the following.

(a)

Designate a waste collection area onsite that does not receive a substantial amount of runoff from upland areas and does not drain directly to a waterbody.

(b)

Ensure that containers have lids so they can be covered before periods of rain, and keep containers in a covered area whenever possible.

(c)

Schedule waste collection to prevent the containers from overfilling.

(d)

Clean up spills immediately. For hazardous materials, follow cleanup instructions on the package. Use an absorbent material such as sawdust or kitty litter to contain the spill.

(e)

Provide extra containers and schedule more frequent pickups during any demolition phase of construction.

(f)

Coordinate with the city waste collection franchisee to collect, remove, and dispose of all construction site wastes at authorized disposal areas.

(g)

Consult with the city waste collection franchisee about the requirements for disposing of hazardous materials.

(h)

Reduce risks associated with pesticides.

(1)

Follow all federal, state, and local regulations that apply to the use, handling, or disposal of pesticides.

(2)

Store pesticides in a dry, covered area.

(3)

Construct curbs or dikes to contain pesticides in case of spillage.

(4)

Follow the recommended application rates and methods.

(5)

Have equipment and absorbent materials available in areas where pesticides are stored and used in order to contain and clean up any spills that occur.

(i)

Reduce risks associated with petroleum products.

(1)

Store petroleum products and fuel for vehicles in covered areas with dikes in place to contain any spills.

(2)

Immediately contain and clean up any spills with absorbent materials.

(3)

Have equipment available in fuel storage areas and in vehicles to contain and clean up any spills that occur.

(j)

Reduce risks associated with fertilizers.

(1)

Apply fertilizers at the minimum rate and to the minimum area needed.

(2)

Work the fertilizer deeply into the soil to reduce exposure of nutrients to storm water runoff.

(3)

Apply fertilizer at lower application rates with a higher application frequency.

(4)

Limit hydroseeding, which is the simultaneous application of lime and fertilizers.

(5)

Ensure that erosion and sediment controls are in place to prevent fertilizers and sediments from being transported off-site.

(6)

Use detergents only as recommended, and limit their use onsite. Wash water containing detergents should not be dumped into the storm drain system - it should be directed to a sanitary sewer or be otherwise contained so that it can be treated at a wastewater treatment plant.

10.05.06 Inspection.

(a)

The planning administrator shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan or construction site waste management plan as approved. Plans for grading, stripping, excavating, and filling work, and the erosion and sediment control and construction site waste management bearing the stamp of approval of the planning administrator shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the planning administrator at least two (2) working days before the following:

(1)

Start of construction;

(2)

Installation of sediment and erosion measures;

(3)

Completion of site clearing;

(4)

Completion of rough grading;

(5)

Completion of final grading;

(6)

Close of the construction season;

(7)

Completion of final landscaping.

(b)

The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan and construction site waste management plan. The purpose of such inspections will be to determine the overall effectiveness of the control plans and the need for additional control measures. All inspections shall be documented in written form and submitted to the planning administrator at the time interval specified in the approved permit.

(c)

The building planning administrator shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under paragraph (b).

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

10.06.01 Wastewater connection required.

(a)

Where the city's sanitary sewer system is available and has sufficient capacity to accept sewage from a proposed development, it shall be required for that development to connect to the city's sanitary sewer system. New development shall pay all impact, installation, and line extension fees prior to the issuance of building permits or the initiation of service.

(b)

The city shall require that all existing development within one hundred (100) feet of a city sewer line (including pressure effluent pumping lines), connect to the central sewer system within one (1) year from the date of sewer availability, except for single-family homes on lots larger than one (1) acre. Availability may be determined by "gravity flow" considerations. The city shall take action to obtain additional treatment capacity after flow reaches eighty-five (85) percent of treatment

(1)

Prior to taking action to enforce compliance with this Code, the city shall, after one (1) year has elapsed, notify the property owner(s) in question by registered mail stating the delinquency and providing a grace period of no more than sixty (60) days in which to comply with this Code.

(2)

If connections are not voluntarily made to the city's sanitary sewer system before the end of the sixty-day grace period, the city shall use its regulatory powers to enforce compliance. This may take the form of any one (1) or more of the following steps:

a.

Inspection of all homes not in compliance shall occur upon the sale or resale of the home or upon the disconnection of power to the home as the result of a change in occupancy. As part of the minimum standards inspection performed by the building inspector, connection to an available central system shall be required before the home is approved for occupancy.

b.

Permits for property improvement or alteration shall be withheld until compliance with this Code is achieved.

c.

The city shall maintain a listing of the addresses of all homes not in compliance with this Code and shall provide copies to all persons or agencies requesting same.

d.

Upon receipt of evidence by the building inspector that appropriate fees have been paid to accomplish tap-ons to a central sewage system, any penalties or restrictions affecting the property pertinent to septic tank use shall be removed by the city.

(c)

Where proposed development cannot be served by the city's sewer system, minimum lot areas shall be required under the following conditions:

(d)

Upon agreement by the city, connection to the city sanitary sewer system may be deferred until it is deemed in the public interest to make connection mandatory due to financial or public health considerations.

(e)

The city may refuse wastewater from any lot or parcel of land upon which there is located any institutional, commercial, or industrial plant, building, or premises that does not comply fully with city standards; or that does not utilize city water; or that does not supply proper metering of its wastewater.

(f)

The discharge of wastewater into the city sanitary sewer system from air conditioning/heating units is prohibited.

10.06.02 Wastewater design and inspection.

(a)

The developer shall install house or site service connections. Each property connected to the sanitary sewer system shall have a cleanout or manhole located at the property line for cleaning the service from the cleanout to the sanitary main.

(b)

It is prohibited and unlawful to enter the city sewer system or appurtenance thereto, or make any connections thereto without the approval of the planning administrator. It is unlawful for any person to tap, cut, or in any way use any line, branch, or part of the city sewer collection or sewage treatment facilities without such approval.

(c)

The planning administrator, as a condition of the city providing utility service, shall be permitted to enter upon all properties for the purpose of inspection, observations, measurement, sampling, and testing.

10.06.03 Lift (pumping) stations.

All lift stations to be dedicated to the city for ownership and maintenance shall conform to the requirements of this section and city standards and shall be designed as submersible stations.

(a)

Prior to the construction of a lift station, the applicant's engineer shall submit construction drawings and design calculations for review and approval by the city.

(b)

All lift stations shall be dedicated by a fee simple interest conveyance to the city for ownership and maintenance responsibility, unless otherwise approved by the city manager or designee and/or public works director.

(c)

Lift station sites shall have unimpeded access for emergency maintenance vehicles and shall restrict access to the wet well, valve vault, and electric control panel to prevent entry by unauthorized individuals.

10.06.04 Industrial waste pretreatment and disposal.

(a)

Generators of industrial waste that are deposited into the city sewer system shall comply with the pretreatment and disposal requirements of the city.

(b)

All users shall comply with FDEP permit conditions and any other applicable federal and state regulations to which the city sewer system is subject.

(c)

All pretreatment and disposal systems and appurtenances shall be designed to meet all applicable requirements of the FDEP, Okaloosa County Health Department, and the city to prevent the introduction of pollutants into the sanitary sewer system, which will interfere with the proper functioning of the system or cause or contribute to the contamination of receiving waters or the atmosphere.

10.06.05 Reclaimed water systems.

The city encourages the use of treated wastewater for lawn irrigation, irrigation of golf courses, median strips and rights-of-way.

(a)

Conditions precedent to reclaimed water services. Reclaimed water service shall be activated only after all permit conditions of the FDEP are completed and the reclaimed water distribution system has been approved and accepted by the city.

(b)

Compliance with state regulations. In the operation and use of the city's reclaimed water system, the city and all users shall at all times comply with all applicable regulations of the FDEP relative to the reuse of reclaimed water.

(c)

Design and performance standards. All reclaimed water systems shall meet applicable requirements of the FDEP and the city.

(d)

Connection permit required. It is prohibited and unlawful to connect to any public reclaimed water main or appurtenance without prior approval from the city manager or designee and the acquisition of all required state and local permits.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

10.07.01 Purpose.

The purposes of the stormwater management requirements are:

(a)

To provide for design criteria and construction requirements to achieve effective stormwater management.

(b)

To provide a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff.

(c)

To improve the public health, safety, and welfare by providing for the safe and efficient capture and conveyance of stormwater runoff and the correction of stormwater problems.

To encourage and facilitate urban water resources management techniques including, but not limited to, the retention/detention of stormwater runoff and the enhancement of the environment. To allow low impact development alternative designs of stormwater facilities that minimize adverse impacts on the existing ecology and environment.

10.07.02 General requirements.

(a)

A stormwater management plan shall be filed with all development applications.

(b)

Channeling runoff directly into open water bodies including coastal wetlands shall be prohibited.

(c)

Installation of stormwater management facilities made necessary by new development shall be the responsibility of the developer.

10.07.03 Stormwater management requirements.

(a)

Stormwater treatment. All stormwater management facilities must be designed, constructed and maintained to meet or exceed the city's adopted level of service (LOS) standards for stormwater treatment and management as adopted in its most current comprehensive plan.

(1)

Treat the first inch of run-off on-site (one-half-inch minimum). That amount will vary depending on the amount of impervious surface, from one-half (½) inch up to one (1) inch. For discharges into Outstanding Florida Waters, must treat an additional fifty (50) percent of the applicable treatment volume; and

(2)

Must provide detention so that the peak rate of post development run-off will not exceed the pre-development peak rate of run-off for the twenty-five-year, twenty-four-hour design storm event, utilizing a Natural Resources Conservation Service (NRCS) Type II distribution with an antecedent moisture condition II. Required detention volume must be available within fourteen (14) days following the design storm event.

(b)

Performance standards. All development shall comply with the following performance standards:

(1)

While development activity is underway and after it is completed, the characteristics of stormwater runoff shall approximate the rate, volume, quality and timing of stormwater runoff that occurred under the site's natural unimproved or existing state, except that the first inch of stormwater runoff shall be treated in an off-line retention system or according to other best management practices.

(2)

The proposed development and development activity shall not violate the water quality standards as set forth in Section 62, Florida Administrative Code (F.A.C.).

(c)

Design standards. To comply with the foregoing performance standards, stormwater management system shall conform to the following design standards:

(1)

Detention and retention systems shall be designed to comply with the DEP and NWFWMD Environmental Resource Permit Applicant's Handbook, Volume II (Design and Performance Standards Including Basin Design and Criteria), as updated.

(2)

To the extent practicable, natural systems shall be used to accommodate stormwater.

(3)

The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development and stormwater that flows onto or across the development from adjacent lands.

(4)

The proposed stormwater management system shall be designed to function properly for a minimum twenty-year life.

(5)

The design and construction of the proposed stormwater management system shall be certified as meeting the requirements of this Code by a professional engineer registered in the State of Florida.

(6)

No surface water may be channeled or directed into sanitary sewer facilities.

(7)

The proposed stormwater management system shall be compatible with the stormwater management facilities on surrounding properties or streets, taking into account the possibility that substandard systems may be improved in the future.

(8)

The banks of detention, retention, and normally dry basins shall be sloped and shall be planted with appropriate vegetation. Retention and detention areas shall be fenced if the slope is 4:1 or steeper and a depth of two (2) feet or deeper from the top of the dam/berm. Fencing shall be at least six (6) feet in height, black coated chain link.

(9)

Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing or otherwise altering natural surface waters shall be minimized.

(10)

Natural surface waters shall not be used as sediment traps during or after development.

(11)

For aesthetic reasons and to increase shoreline filtration, the shorelines of detention and retention areas shall be sinuous rather than straight.

(12)

Water reuse and conservation shall, to the maximum extent practicable, be achieved by incorporating the stormwater management system into irrigation systems serving the development.

(13)

Vegetated buffers of sufficient width to prevent erosion shall be retained or created along the shores, banks or edges of all natural or man-made surface waters.

(14)

In phased developments the stormwater management system for each integrated stage of completion shall be capable of functioning independently as required by this Code.

(15)

All detention and retention basins, except natural waterbodies used for this purpose, shall be accessible for maintenance from streets or public rights-of-way.

(16)

All stormwater management systems shall be designed to prevent flood, safety or health hazards.

(17)

No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitoes.

(18)

Composite coefficients used in runoff calculations shall be based on ultimate development, future land use and shall not exceed:

c= 0.15 maximum for wetland areas.

c= 0.25 maximum for undeveloped areas other than wetlands.

c= 0.40 minimum for single-family residential uses.

c= 0.80 minimum for commercial, multifamily residential, industrial, public and semi-public uses.

10.07.04 Cash in lieu of on-site treatment of stormwater.

(a)

Generally. Payment of cash in lieu of providing on-site treatment of stormwater may be accepted by the city if the following conditions below are met:

(b)

Conditions.

(1)

The development site is within the area covered by a functioning stormwater management facility permitted by the FDEP or NWFWMD.

(2)

The chairman of the technical review committee, with the concurrence of the planning administrator, determines that the stormwater management facility is of sufficient size and capacity to accept the projected additional stormwater runoff without impairing its capacity to perform its current and projected functions for other areas.

(3)

Approval by the FDEP is required when an established stormwater system is used to accommodate the stormwater runoff that would otherwise be required to be retained on-site.

(c)

Determination and payment of cash in lieu. The amount of the cash in lieu of payment shall be set, and the payment shall be made, according to the following provisions:

(1)

The developer shall supply calculations, certified by a registered professional engineer, of anticipated additional post-development stormwater runoff.

(2)

A stormwater payment [as determined by the city based on each cubic foot/second (CFS) of said additional stormwater runoff] shall be paid by the developer to the city upon final approval of the development plan.

(3)

The amount of the payment shall be held in trust by the city and shall be used only for land acquisition and/or improvements for stormwater management purposes, and shall be applied only within the same drainage basin as the site for which it was collected.

10.07.05 Dedication or maintenance of stormwater management systems.

(a)

Dedication. If a stormwater management system approved under this Code is intended to function as an integral part of the city-maintained regional system, as determined by the city, the facilities shall be dedicated to the city.

(b)

Maintenance by an acceptable entity.

(1)

All stormwater management systems that are not dedicated to the city shall be operated and maintained by one (1) of the following entities:

a.

A local governmental unit including a county, municipality or regional utility authority, special taxing district or other governmental unit.

b.

An active water control district created pursuant to F.S. Ch. 298 or drainage district created by special act, or community development district created pursuant to F.S. Ch. 190, or special assessment district created pursuant to F.S. Ch. 170.

c.

A state or federal agency.

d.

An official franchised, licensed or approved communication, water, sewer, electrical or other public utility.

e.

The property owner or developer if:

1.

Written proof is submitted in the appropriate form by either letter or resolution, that a governmental entity or such other acceptable entity as set forth in subparagraphs (1)a through d above, will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future.

2.

A bond or other assurance of continued financial capacity to operate and maintain the system is submitted.

f.

For-profit or nonprofit corporations including homeowners associations, property owners associations, condominium owners associations or master associations if:

1.

The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the city affirmatively taking responsibility for the operation and maintenance of the stormwater management facility.

2.

The association has sufficient powers reflected in its organizational or operational documents to:

A.

Operate and maintain the stormwater management system as permitted by the city.

B.

Establish rules and regulations.

C.

Assess members.

D.

Contract for services.

E.

Exist perpetually, with the articles of incorporation providing that if the association dissolved, the stormwater management system will be maintained by an acceptable entity as described above.

(1)

If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase or phases, the operation/maintenance entity shall have the ability to accept responsibility for the operation and maintenance of the stormwater management systems of future phases of the project.

(2)

In phased developments that have an integrated stormwater management system, but employ independent operation/maintenance entities for different phases, the operation/maintenance entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities, should any entity fail to maintain a portion of the stormwater management system within the project.

(3)

The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the stormwater management system from the time construction begins until the stormwater management system is dedicated to and accepted by another acceptable entity.

10.07.06 Redevelopment.

(a)

Generally. This subsection is intended to encourage redevelopment activities by exempting certain types of redevelopment, as defined in this section, from various provisions of section 10.05.00. In some instances, these exemptions are available in exchange for retrofitting the existing development to some extent.

(b)

Exempt redevelopment.

(1)

The following redevelopment activities will not be subject to the requirements of this section, except for those provisions specified in 10.07.05(b)(2) of this section:

a.

Alterations to the interior of an existing structure.

b.

Alterations of an existing structure, other than a bridge, that does not change the arrangement of the exterior walls (i.e., the structure's footprint) and does not involve the removal of the structure's foundations, ground floor or structural frame, exempt to the extent that structural repair is necessary.

c.

Routine building repairs, including adding a facade to a building.

d.

The replacement or repair of buried service lines for water, sewer, gas, power and communication services.

e.

Resurfacing a paved area, such as a parking lot, roadway or other vehicle use area, provided, the resurfacing project does not include any other nonexempt redevelopment activity.

f.

The removal or replacement of underground storage tanks when total ground disturbance is less than two thousand (2,000) square feet and the disturbed area is stabilized immediately after the removal or replacement.

g.

The construction of a swimming pool or other accessory improvement when the total development activity will be less than one thousand (1,000) square feet.

h.

When development activity involves less than one thousand (1,000) square feet. For the purpose of this subsection, the removal of existing impervious surface area in order to install constructed landscaping shall not be considered to be development activity.

i.

When development activity involves less than two thousand five hundred (2,500) square feet and is associated with the conversion and/or expansion of an existing structure and the stormwater runoff generated from the increase directly discharges into a public conveyance system. For the purpose of this subsection, the removal of existing impervious surface area in order to install constructed landscaping shall not be considered to be development activity.

j.

Other similar minor site alterations.

(2)

Exempt redevelopment activities shall comply with the provisions of the following:

a.

10.07.03(c), Design standards;

b.

10.05.00, Construction pollution control;

c.

Article 5, Protect coastal resources;

d.

Article 9, Open space, tree protection and removal standards.

(c)

Type I redevelopment.

(1)

Type I redevelopment is nonexempt redevelopment that meets the following criteria:

a.

Any redevelopment activity covered by this article on a site when the site is less than one (1) acre in size; or

b.

Redevelopment activity on a site one (1) acre or larger, that involves no addition of impervious surface area or an addition of impervious surface area which is less than or equal to twenty-five (25) percent of the existing impervious surface area of the site, and the additional impervious surface area is less than or equal to one (1) acre.

(2)

Type I redevelopment shall be exempt from certain requirements and provisions of this article, provided, the redevelopment includes retrofitting the entire site so as to:

a.

Comply with subsection 10.07.03(a) stormwater treatment, treatment prior to discharge, by providing treatment for the first inch of runoff for any net increase in impervious surface area, unless the subject property is located in a protected environmentally sensitive zone, in which case, the additional treatment requirement will apply for any net increase in impervious surface area.

b.

New land uses with principal activities, such as, but not limited to, the sale or handling of petroleum products, the repair, maintenance or cleaning of motor vehicles, the outside storage of fertilizers or the production, distribution or use of any hazardous material regulated by any federal, state or local government agency, shall include a separate and distinct stormwater management system so as to provide intensive pretreatment and removal of such products or pollutants from the runoff prior to discharge into the stormwater system serving the other areas of the site, and

c.

Comply with article 9, open space, interior vehicle use area buffer requirements, and landscape development standards, at a rate of one (1) square foot of planting area for every twenty-five (25) square feet of vehicle use area; front or side-corner perimeter buffer widths of ten (10) feet, side and rear perimeter buffer widths of six (6) feet.

(3)

Type I redevelopment that complies with article (c)(2) shall be exempt, to the extent conditioned below, from the following provisions of this article:

a.

Subsection 10.07.03 when no accessible off site facility is available and when there is no net increase in the total amount of impervious surface area on the site of the type I redevelopment;

b.

Subsection 10.07.03 when no accessible off-site facility is available and when there is a net increase in the total amount of impervious surface area on the site of the type I redevelopment, but only if the person or entity seeking this exemption presents certification from an engineer licensed to practice in the state that there is adequate capacity in the downstream stormwater conveyance system for the redevelopment site and that any known flooding or drainage problem will not be worsened by the type I redevelopment. Any method that is generally recognized by the engineering community may be used to demonstrate both adequacy of the conveyance system and no significant negative impacts on downstream flooding or problem areas. The engineer's certification shall include an analysis carried to a downstream point where the total area contributing stormwater runoff, at that point, is at least ten (10) times the area of the redevelopment site. When there is a net increase in the total amount of impervious surface area on the site of the redevelopment and a certification from an engineer that there is adequate capacity in the downstream stormwater conveyance system is not presented, the site must comply with subsection 10.07.03 for the net increase in the total amount of impervious surface area;

c.

Subsection 10.05.03(c), design standards, provided, the type I redevelopment is not located in a protected environmentally sensitive zone. If the type I redevelopment is located in one (1) of such zones, stormwater treatment must be provided for per article 5.01.00, protect coastal resources;

d.

Subsection 10.05.03, pass through capability for stormwater runoff from uplands, but only after providing verification and written certification, acceptable to the city manager, that provision of pass through capability for stormwater runoff from uphill areas is impossible due to existing site conditions which will not be changed by the type I redevelopment or because the planned type I redevelopment would not be possible if provision for pass through capability were provided;

(d)

Type II redevelopment.

(1)

Type II redevelopment is redevelopment activity on a site that is one (1) acre or larger that involves the addition of impervious surface area that is either greater than twenty-five (25) percent of the existing impervious surface area or greater than one (1) acre.

(2)

When type II redevelopment is proposed, that part of the development activity that is on previously undeveloped land shall comply with all applicable requirements and provisions of this article. That part of the redevelopment activity that is on previously developed land shall be considered type I redevelopment and paragraph (c) of this subsection shall apply to that portion of the project.

(e)

Other stipulations. The provisions of this article shall not be applied to avoid the requirements of an environmental management permit issued by the city or the county authorizing existing development. Existing requirements may be relocated, however, either temporarily or permanently. Further, this section shall not exempt any redevelopment activity from any other applicable ordinance, rule or law.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

10.08.01 Purpose.

This article is intended to:

(a)

Protect and conserve the quality and quantity of groundwater resources;

(b)

Reduce the use of well water and potable water for irrigation and other non-potable uses by providing reclaimed water to properties where it is feasible;

(c)

Provide an adequate, safe, efficient, economical, reliable and environmentally sound system of potable water supply;

(d)

Maximize the use of existing facilities in order to provide an adequate, safe, and environmentally sound system of potable water supply; and

(e)

Establish requirements for connection to potable water facilities, including standards and criteria for determining exceptions to these requirements.

10.08.02 Applicability.

Except where otherwise permitted, all new development shall connect to the city's potable water system. New development shall pay all impact, installation, and line extension fees prior to the issuance of building permits or the initiation of service.

10.08.03 Required meters.

(a)

All residential facilities shall have individual meters for each dwelling unit unless a master meter installation is approved by the city in a utility agreement.

(b)

The property owner shall keep meter sites readily accessible with a minimum three (3) feet of clearance around the meter/backflow assembly for meter reading and maintenance.

10.08.04 Water mains location/sizing.

(a)

Trunk lines shall have a pipe diameter meeting minimum requirements for fire flow and user consumption based on FDEP regulations and standard engineering practices. Water mains shall be located within a public right-of-way or within a corridor (private rights-of-way) approved by the public works department and in conformance with the latest version of the National Fire Protection Association (NFPA) Manual To the maximum extent feasible, distribution lines shall be located parallel to and behind the back of the curb or edge of the pavement. Water mains shall be located to minimize conflicts with other utilities and existing or proposed structures.

(b)

All new development service lines and appurtenances thereto shall be installed and all costs shall be paid by the applicant. Upon construction completion and acceptance of the system, it shall be the design engineer's responsibility to ensure that the system is properly certified and accepted by the FDEP and that certified "as-built" drawings, consisting of one (1) signed and sealed set of plans plus a CD (compact disc) containing electronic files are provided to the city, in accordance with city standards.

(c)

Booster pumps/fire protection systems. It is prohibited and unlawful to modify or connect any booster pump or fire protection system to the city's potable water distribution system or to any water distribution system to which the city supplies water without the express authorization of the city.

(1)

Any person planning to connect or modify any booster pump or fire protection system shall submit a detailed plan prepared by a Florida professional engineer to the fire inspector for review and approval.

(2)

After submission of a detailed plan for connection or modification, the planning administrator and fire inspector may approve the plan, with or without specified conditions or modifications, or reject the plan.

10.08.05 Potable water backflow prevention devices.

All new construction shall have installed on all potable water and fire prevention system lines, a backflow prevention device acceptable to FDEP, the Florida Building and the NFPA Manual and of a size and design determined to be appropriate by appropriate city staff. All residential construction shall have a double-check device that shall be supplied and installed by the city at the owner's expense. All commercial lines two (2) inches or smaller shall have a reduced pressure zone backflow preventer installed by the city at the owner's expense. All commercial or industrial construction lines larger than two (2) inches shall have a reduced pressure zone backflow preventer or double-check detector/device (fire line only). The city-approved device shall be installed at the owner's expense by a licensed contractor and maintained in accordance with city standards.

10.08.06 Fire line devices.

All fire line devices shall be installed and certified by a licensed fire protection contractor. The device shall be installed at a location determined by the fire inspector, backflow prevention devices on fire lines must be UL (underwriters laboratories) listed for fire protection systems. Backflow preventers shall be installed and maintained in accordance with city standards.

10.08.07 Cross connections and interconnections.

It is unlawful for any person to cause a cross connection with the city's potable water system, private wells, reclaimed water system, wastewater system, or raw water system. All service connections shall comply with city standards.

10.08.08 Irrigation systems.

Irrigation systems may be served by a separate private water supply system provided that no interconnection of any kind occurs between the private system and the public utility system, its water mains, the utility's water service line, the customer's water service line, a building's potable water plumbing pipes, or any pipe or line connection or extension and then only if reclaimed water service is not available. If available, reclaimed water shall be used for all appropriate uses. The design, permitting, construction, and use of this type of well shall comply with the most current regulations of the Okaloosa County Health Department, the FDEP, and the NWFWMD, as appropriate.

10.08.09 Connection/temporary connection.

(a)

The owner of each lot or parcel of land within the city, proposed for occupancy for any use, shall cause such building, structure, or use to be connected to the public water distribution system of the city, and shall use such facilities at the same time as a certificate of occupancy is issued, or sooner, with prior approval by the city.

(b)

For temporary connection to the city water system for construction not involving new lines, a metered connection to a fire hydrant may be permitted. The meter and backflow preventer shall be supplied by the city and the user must comply with city standards.

10.08.10 Utility line extensions; service line extensions.

Service line extension requests shall be submitted to the planning administrator for approval. If approved, the applicant may proceed with the installation of the service line extension after coordinating installation with the public works director. All costs associated with the utility line or service line extension shall be the applicant's responsibility. All work and connections shall be performed by a Florida licensed contractor licensed to perform underground utility work.

10.08.11 Utility main extension reimbursement policy.

(a)

Procedure for the utility main extension reimbursement policy. In the event that any person or developer is required by the city to extend water, sewer, or reclaimed water lines or increase line size to a size larger than the minimum line size required for that development's needs, that person or developer may request reimbursement for the additional cost of such extension or increased line size in accordance with the following procedures:

(1)

Engineering drawings and design calculations shall be submitted to the city manager or designee indicating the size and location of the proposed lines or the appurtenances thereto. The submittal shall also include preliminary cost estimates showing the cost difference for construction of the proposed oversize main versus the cost for the minimum size main that would be required to serve the parcel or development in accordance with the city's design standards.

(2)

The planning administrator shall review the entire submittal and shall make a determination of the eligibility of the proposal for reimbursement, based on the conformity of the proposed improvements with city standards and with the criteria established in subsection 10.06.01(c).

(3)

The city may enter into an agreement for reimbursement with the person making the submittal based on a finding that the trunk line(s) and appurtenances thereto comply with city standards. The agreement between the city and the person or developer will, at a minimum, include timeframes and conditions of reimbursement. The trunk line(s) and appurtenances are required to be appropriately sized and located. Adequate water and sewer treatment plant capacity must exist for the area anticipated to be served.

10.08.12 Water shortage plan.

The most current Northwest Florida Water Management District Water Shortage Plan is incorporated into this Code by reference. This plan shall be used upon declaration of a water shortage or water shortage emergency within the city.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)

10.09.01 Purpose.

This section provides specific development requirements to regulate outdoor lighting in order to provide for sufficient lighting levels to meet use needs, but to reduce or prevent light pollution and light disturbance. Reducing or preventing light pollution means, to the extent reasonably possible, ensuring the reduction or prevention of glare and light trespass, the conservation of energy and the promotion of safety and security, in general conformity with the "dark sky" goals and recommendations.

10.09.02 Applicability.

The standards in this section apply to all projects that incorporate outdoor lighting in the development plans including: multi-family residential, commercial, and public/civic/institutional uses; subdivisions; and mixed-use projects that include street lighting and/or parking lot lighting.

10.09.03 Submittal of lighting plan.

(a)

For all applicable developments an outdoor lighting plan shall be submitted with the site plan or subdivision plan to determine compliance with the requirements of this section.

(b)

Prior to final approval of a site plan or subdivision plan for which an outdoor lighting plan is required, the plan is subject to review and comment by the military

(c)

A signed statement from the owner/developer shall be submitted with an application for a development order and shall include certification that:

(1)

All required lighting provisions have been met; and

(2)

Any additional cost associated with the installation, maintenance and operation of the street lighting system that exceeds the monthly base operating fee paid by the city will be met.

10.09.04 Approved materials and methods of installation.

The provisions of this section are not intended to prevent the use of any material or method of installation not specifically proscribed by this section, if any such alternate has been specifically approved. The city manager or designee may approve any such alternate if the proposed design, material, or method:

(a)

Provides approximate equivalence to the specific requirements of this section; or

(b)

Is otherwise satisfactory and complies with the intent of this section.

10.09.05 Parking lot lighting.

General exterior lighting shall provide adequate illumination to safely guide vehicles and pedestrians into, out of, and within a site, and deter vandalism. Exterior lighting sources shall render colors faithfully so that pedestrians and vehicle operators are able to distinguish colors and differentiate objects within their field of vision and be arranged so as to eliminate on-site glare and spillover onto adjacent properties, public streets, and highways.

(a)

Plan required. A lighting plan shall be submitted for each parking facility. Such plan shall comply with all requirements as outlined in this section.

(b)

Full cutoff or properly shielded light fixtures. Luminaires shall be designed to ensure that no candela occurs at or above an angle of ninety (90) degrees above the horizontal plane (nadir). This applies to all lateral angles around the luminaire. Any structural part of the luminary for all types of lighting providing cutoff angle shielding shall be permanently attached, except that accent uplighting for trees and building walls may be allowed to exceed the ninety-degree angle plane, subject to review and approval by the city manager or designee if determined to provide an equivalent public benefit.

(c)

Shielding requirement. Lighting shall be designed to prevent direct glare, light spillage, and hazardous interference with automotive, aircraft, and pedestrian traffic on adjacent streets and on all adjacent properties.

(d)

Design requirements.

(1)

The maximum height of light poles in areas other than pedestrian areas shall be thirty-five (35) feet, including the base. Light poles exceeding thirty-five (35) feet in height may be allowed subject to approval by the city manager or designee. For pedestrian areas, the maximum height of a light pole shall be sixteen (16) feet, including the base.

(2)

Full lighting details shall be supplied, including the location and height of poles and type of fixtures (full cut off or directionally shielded).

10.09.06 Roadways.

All new development abutting or containing public or private roadways shall provide street lighting within those roadways and to the nearest public access entry meeting the following requirements:

(a)

Installation. All infrastructure associated with lighting shall be installed including, but not limited to, pole boxes, conduits, etc., concurrent with the development.

(b)

Plan required. A lighting plan shall be submitted for each roadway segment that is adjacent to the proposed development and required by the city manager or designee to be illuminated. Such plan shall comply with all requirements as outlined in this section.

(c)

Full cutoff or properly shielded light fixtures. Luminaires shall be designed to ensure that no candela occurs at or above an angle of ninety (90) degrees above the horizontal plane (nadir). This applies to all lateral angles around the luminaire. Any structural part of the luminary for all types of lighting providing cutoff angle shielding shall be permanently attached, except that accent uplighting for trees and building walls may be allowed to exceed the ninety-degree angle plane, subject to review and approval by the city manager or designee if the lighting is determined to provide an equivalent public benefit. All light fixtures shall be standard fixture types as determined by the city.

(d)

Shielding requirements. Lighting shall be designed to prevent direct glare, light spillage, and hazardous interference with automotive, aircraft, and pedestrian traffic on adjacent streets and on all adjacent properties.

(e)

Design requirements.

(1)

Light pole locations shall be depicted on all sets of the plans to ensure that no conflicts exist between proposed utilities and proposed landscaping.

(2)

Full lighting details shall be supplied, including the location and height of poles and type of fixtures (full cut off or directionally shielded.

(3)

Power shall be made available by the owner/developer for accessory lighting at entrance(s) to a subdivision or mixed-use development site.

10.09.07 Exemptions.

(a)

Nonconforming fixtures. Outdoor light fixtures installed prior to the effective date of this Code are exempt from the provisions of this section; provided, however, that no change in use, replacement, structural alteration, or restoration of outdoor light fixtures may be made unless it thereafter conforms to the provisions of this section.

(b)

Construction and emergency lighting. Lighting necessary for construction or emergencies is exempt from the provisions of this section if temporary and discontinued immediately upon the completion of the construction work or abatement of the emergency necessitating said lighting.

(c)

Searchlights. The use of searchlights is prohibited unless a permit specifying conditions is issued by the city manager or designee.

(d)

Request for exemption. Any person may submit a written request for an exemption from the requirements of this section. The request for exemption shall be submitted in writing to the land use administrator and shall contain the following information:

(1)

Specific exemption requested.

(2)

Type and use of exterior light involved.

(3)

Duration of time for requested exemption.

(4)

Type of lamp and total wattage.

(5)

Sketch to scale showing location of proposed exterior light.

(6)

Previous exemptions granted, if any.

(7)

Physical size of exterior light and type of shielding provided.

(8)

Any additional information required to make a reasonable evaluation of the request for exemption.

(Ord. No. 24-01-01, § 3(att.), 1-9-24)