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Oviedo City Zoning Code

ARTICLE XVI

UTILITIES

Section 16.1.- Utility Ownership and Easement Rights.

In any case in which a developer installs or causes the installation of potable water, landscape irrigation facilities, sewer, electrical power, traffic signals, street lighting, telephone or cablevision 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.

(Ord. No. 1428, § 2(Exh. C), 1-22-08)

Section 16.2. - Sewage Disposal Facilities Required.

(A)

Adequate Sewage Disposal System Every principal use in the City and every lot within a subdivision shall be served by a sewage disposal system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable City plans and health regulations.

(B)

Compliance with Health Department Regulations Service requirements and construction standards shall comply with Seminole County Health Department regulations.

(C)

Installation and Dedication of Dry Sewer Lines All new development shall install and dedicate to the City dry sewer lines in accordance with an approved development order if sewer service is not currently available and the order approving authority approves a temporary treatment option.

(D)

Dedication of Improvements to the City All new wastewater collection, pumping and transmission, treatment, and disposal facilities shall be dedicated to the City.

(E)

New Development to Fund Improvements New development shall fund the cost of required capacity expansions, and/or extension of central sewer lines.

(F)

Pre-Purchase of Capacity Requirements Development orders shall not be issued and rezoning shall not be approved without certification that adequate sewer service is available. In service areas with pre-purchase capacity requirements, only proof of purchase shall constitute certification.

(G)

Package Treatment Plants Package treatment plants and collection systems shall be designed for future connection to a central system and donated free of charge to the City upon request.

(H)

Central Sewer Service Required in Certain Situations All new residential development in areas with severe soil limitations for septic tanks, and all non-residential development is required to provide or to connect to a central sewer service system. Temporary, sanitary sewer service may be permitted on an interim basis if deemed by the Land Use Administrator to be consistent with other objectives and policies of the Comprehensive Plan.

(I)

Prohibited Locations Individual and package wastewater treatment systems are prohibited in wetlands, floodplains, and buffer areas surrounding surface water bodies.

(J)

Septic Tanks in Conservation Areas Septic tanks are allowed in conservation land use areas only when necessary for facilities required to oversee said conservation area. Percolation tests as sanctioned by the septic tank permitting agency shall serve as the determining factor for allowance of a septic tank on a particular site.

(K)

Econlockhatchee River All development within two thousand (2,000) feet of the Econlockhatchee River is required to utilize a central sewer collection and treatment system.

(Ord. No. 1428, § 2(Exh. C), 1-22-08)

Section 16.3. - Potable Water Service Required.

(A)

Adequate Potable Water Service Required Every principal use in the City and every lot in a subdivision shall be served by a potable water supply system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.

(B)

Donation of Potable Water System Improvements All potable water system improvements required for new development shall be donated to the City of Oviedo as a condition of receiving service.

(C)

Development to Pay for Improvement Future development shall pay for the system improvements it requires.

(D)

City May Assess Cost of Extending Service to Benefiting Properties The City may recover the cost of extending water service to existing developed areas by assessing benefited properties.

(E)

Extension of System to Accommodate Future Service New development shall extend distribution lines to the property being developed in a manner which complies with the requirements of the system and the impacts of the development.

(F)

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

(G)

Commercial and Industrial Developments All commercial and/or industrial developments within the City must connect to the municipal water system and have fire hydrants located consistent with Section 17.11, Fire Hydrants and Fire Flow Requirements.

(H)

Construction Standards Construction standards and other requirements are included in The Engineering Standards Manual.

(Ord. No. 1428, § 2(Exh. C), 1-22-08)

Section 16.4. - Landscape Irrigation.

(A)

General

(1)

New Development shall install landscape irrigation that correlates to the water use zones listed in Section 12.7 and complies with the terms of this Section.

(2)

New development shall install and dedicate to the City a reclaimed water system, including distribution mains and services for irrigation in accordance with the Engineering Standards Manual.

(3)

New development shall extend distribution lines along the entire property frontage, to accommodate service to adjacent properties.

(4)

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

(B)

Potable Water Irrigation

(1)

The use of potable water for irrigation is prohibited where reclaimed or alternative water irrigation sources are available.

(2)

Potable water systems, where allowed, shall not be interconnected with any alternative water source in accordance with the City's Cross Connection Control Policy.

(C)

Reclaimed Water Irrigation

(1)

If an existing reclaimed water system is within one hundred (100) feet of a new development, the development shall connect to the existing reclaimed water system.

(2)

Augmentation of all non-reclaimed water irrigation systems with reclaimed water is prohibited unless approved by the City Engineer or designee.

(D)

Alternative Water Irrigation The following types of alternative water irrigation are permitted within the City. Additional types of alternative water irrigation are prohibited unless approved by the City Engineer or designee.

(1)

Stormwater Irrigation.

(2)

Shallow Groundwater Well Irrigation.

(3)

Surface Water Irrigation.

(E)

Irrigation System:

(1)

The Irrigation system shall be designed and constructed in accordance with the technical standards contained in Appendix F of the plumbing volume of the Florida Building Code and the latest edition of the Standards and Specifications for Turf and Landscape Irrigation Systems published by the Florida Irrigation Society. Inc. Irrigation plans must be designed to recognize differential irrigation requirements of any proposed landscaping as described in Article XII, Section 12.7, Xeriscape Florida-Friendly Landscaping.

(2)

Equipment Standards: Rotor heads shall only use a maximum of 12 gallons of water per minute and spray heads shall use a maximum of 0.33 gallons per minute.

(Ord. No. 1428, § 2(Exh. C), 1-22-08)

Section 16.5. - Lighting Requirements.

(A)

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 glare on-site and spillover onto adjacent properties, public streets and highways.

(B)

Exemption from Spillover Standard Lighting for parks from 6:00 a.m. until 12:00 a.m. and public street lighting in the public right-of-way at all times shall be exempt from the spillover standard.

(C)

The following shall be prohibited:

(1)

Lighting within any lot that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of such other lot is prohibited.

(2)

Lighting within any lot that is used as a form of advertising in a manner that is not compatible to the neighborhood or draws considerably more attention to the lot at night than in the day.

(3)

Lighting within any lot that is garish or detrimental to the environment.

(4)

Neon, multicolored, flashing or intermittent lighting except as permitted by Article XIV, Signs, Section 14.3, General Provisions, Subsection (B), prohibited signs.

(5)

Illumination of the awning of any building.

(6)

The location of lighting fixtures within a buffer yard.

(D)

New Installations

(1)

Lighting Plan Required. Each site construction permit application shall include an exterior lighting plan prepared by a Florida registered engineer. At a minimum, the lighting plan shall meet the requirements of this section and 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.

(2)

Certification of Performance. An exterior lighting installation shall not be approved until a notarized letter of compliance signed by a Florida registered engineer is submitted stating that the installation has been field checked and meets the requirements of this section.

(E)

Pole Height For areas other than pedestrian areas, the maximum height of a light pole shall be thirty-five (35) feet, including the base. Light poles exceeding thirty-five (35) feet in height shall not be allowed unless approved through a special exception use order or development agreement. For pedestrian areas, the maximum height of a light pole shall be sixteen (16) feet, including the base.

(F)

Fixture Type All exterior lighting installations shall use concealed source fixtures. These shall be cut off type fixtures in which the lenses do not project below the opaque section of the fixture. Fixture styles shall be consistent throughout the site and selected for their aesthetic value as well as their functional value.

(G)

Color Color of light shall be consistent throughout the site and selected for its aesthetic as well as its functional value.

(H)

Illumination of Streets, Sidewalks and Common Areas All public streets, sidewalks, and other common areas or facilities shall be sufficiently illuminated at the developer's expense to ensure the security of property and the safety of persons using such streets, sidewalks and other common areas or facilities.

(I)

Non-Conforming Situations Non-conforming situations as of July 8, 1997 shall be given one (1) year to comply with this section. A property owner may appeal to the Planning, Zoning, and Appeals Board (PZA) for an extension of up to six (6) months due to a hardship with meeting the requirements of this section.

Section 16.6. - Electric Power.

Every principal use in the City and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

Section 16.7. - Telephone Service.

Every principal use in the City and every lot within a subdivision must have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

Section 16.8. - Underground Utilities.

Except as provided herein, all electric power lines, telephone, gas distribution, and cable television lines within new development shall be placed underground in accordance with the specifications and policies of the respective utility service providers. The underground installation of bulk electric supply lines, including transmission lines shall not be required. Transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, meters, or capacitors may be pad mounted above ground.

Section 16.9. - Utilities to Be Consistent with Internal and External Development.

(A)

Located to Serve Future Development Whenever it can reasonably be anticipated that utility facilities constructed in one (1) development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g. potable water, reclaimed water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.

(B)

Minimum Interference with Improvements All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

Section 16.10. - Record Drawings Required.

Whenever a developer installs or causes to be installed any utility line, other than cabled utilities, in any public right-of-way, the developer shall, as soon as practicable (but no longer than two (2) weeks) after installation is complete, and before acceptance of any potable water, reclaimed water or sewer line, furnish the City with a copy of a record drawing that includes approved plans and specifications identifying substantial deviations referenced in the certificate of completion of construction that has occurred since the construction permit was issued. The Land Use Administrator may require as-built drawings showing the exact location of such utility lines if there are apparent discrepancies. Such drawings must be verified as accurate by the utility service provider. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such development.

Section 16.11. - Fire Hydrants and Fire Flow Requirements.

(A)

Fire Hydrants Required Every development (subdivided or unsubdivided) that is served by a public water system 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.

(B)

Location of Fire Hydrants 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.

(C)

Design Standards 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 have two (2) two and one-half-inch hose connections and one (1) four and one-half-inch hose connection. The two and one-half-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 seven hundred fifty (750) g.p.m. with twenty (20) psi residual pressure in single-family residential areas and one thousand two hundred fifty (1,250) g.p.m. with twenty (20) psi residual pressure for other development consistent with the Engineering Standards Manual.

(D)

Potable Water Lines 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.

(E)

Additional Requirements See also Chapter 26 of the Oviedo City Code of Ordinances.

Section 16.12. - Sites for and Screening of Refuse/Recycling Collection Containers.

(A)

Provision of Refuse/Recycling Collection Containers Every development that, under the City's solid waste collection policies, is or will be required to provide one (1) or more refuse/recycling collection containers for solid waste collection shall provide sites that are:

(1)

Located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way and

(2)

Constructed according to specifications established by the Land Use Administrator to allow for collection without damage to the development site or the collection vehicle.

(B)

Screening of Refuse/Recycling Collection Containers All such refuse/recycling collection containers shall not be visible from public rights-of-way, pedestrian areas and adjacent residential properties. Screening shall be a minimum of one (1) foot greater in height than the area/equipment which it screens. Structural screening shall be consistent with the architectural elements, materials and colors of the primary structure. Whenever practicable, these areas should be integrated into the main structure.

Section 16.13. - Water Distribution Systems.

(A)

Potable Water Flow Demand Normal flow demands for design shall be calculated on the basis of full ultimate development as known, or projected. The average daily flow for domestic use shall be calculated at the minimum rate of one hundred (100) gallons per day per capita, with three and one-half (3.5) persons per single-family residence, and two and one-half (2.5) persons per multi-family or mobile home dwelling unit. Maximum hour demand to be used for design shall be one (1.0) gallon per minute (GPM) per single-family residence and seven-tenths (0.7) GPM per dwelling unit for each multi-family or mobile home unit. Flow demands for commercial, industrial or other special developments shall be established from existing records or by estimated projections, using the best available data.

(B)

Design and Construction See the Engineering Standards Manual for specifications for water system design, installation, and hydrant spacing.