(a)

Before any Subdivision or Site Development Plans shall be approved, approved with stipulations, or denied, the Administrator shall make a determination that the specific requirements governing the individual use have or have not been met and, further, that the Subdivision Plan or Site Development Plan has or has not met the following requirements for approval:

(1)

Compliance with Environmental Protection Provisions. All developments shall be designed, constructed and maintained in accordance with the environmental protection provisions within Article 9 and 13 of this UDC, and all other applicable regulations within the County Code.

(2)

Compliance with Stormwater Management Provisions. All Subdivision or Site Development Plans shall be designed and constructed in accordance with Article 13 of this UDC and all other applicable regulations within the County Code.

(3)

Compliance with Transportation Regulatory Provisions. All development improvements, including bridge construction, shall be designed, constructed, and maintained in accordance with Article 13 of this UDC and all other applicable regulations within the County Code.

(4)

Compliance with Utility Regulatory Provisions. All Subdivision or Site Development Plans shall be designed and constructed in accordance with Article 13 of this UDC and all other applicable regulations within the County Code.

(5)

Compliance with General Provisions. All Subdivision or Site Development Plans shall be designed and constructed in accordance with Article 13 of this UDC and all other applicable regulations within the County Code.

(6)

Compliance with Florida Fire Prevention Code. Pursuant to Chapter 633, Florida statutes, the most current edition of the Florida Fire Prevention Code (FFPC) is adopted for use in Sarasota County. All development improvements shall comply with the most current edition of the FFPC and all applicable codes and standards therein.

(b)

A Florida registered professional engineer shall design, inspect and certify the installation of all required public and private improvements. All plans for improvements shall be prepared by such engineer and are subject to review and approval by the County prior to construction. All required improvements shall be installed at the expense of the developer. The engineer of record shall certify on the cover sheet of the plans that the facilities comply with all applicable standards, including the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways and the UDC (See Article 18, Appendix C18). Upon completion of improvements, the engineer of record shall certify that improvements are constructed in substantial compliance with plans authorized for construction and with all development orders (See Article 18, Appendix C30). The registered landscape architect of record shall certify the landscaping has been installed in substantial compliance with the approved plan and the UDC, prior to the certification of the project by the engineer of record (See Article 18, Appendix C31).

(c)

Reserved.

(Ord. No. 2023-055, § 2, 10-24-2023)

(a)

Requirements for protecting preservation, conservation and buffer areas. All Subdivision or Site Development Plans shall be consistent with the requirements of Article 9 of this UDC, Chapter 54 of the County Code, and the following environmental provisions:

(1)

All preservation, conservation and buffer areas shall be staked or otherwise marked clearly prior to and during construction. Erosion and Sediment Control Best Management Practices shall be installed along the landward edge of required wetland buffers prior to construction. These devices shall remain in place until construction is completed.

(2)

After construction, the owner/applicant shall install permanent signs delineating the boundary of any preservation, conservation, or buffer area which meets the following criteria:

a.

The sign size shall be no smaller than 4 inches by 6 inches.

b.

The sign posts shall be 4-inch by 4-inch treated lumber, light duty metal fence post, or comparable.

c.

The signs shall be installed on the corner of every other lot within a subdivision, such that each lot has at least one corner marked.

d.

Where a protected area exists adjacent to a common tract, signs shall be placed in a manner where they are clearly visible from each other and no more than 200 feet apart.

e.

Such sign shall contain, in a minimum font size of 28, the following or equivalent statement approved by the County:

[PRESERVE/CONSERVATION/BUFFER AREA]

Native Vegetation

NO MOWING. NO TRIMMING. NO CLEARING. NO DUMPING.

This boundary is protected by County regulations.

(3)

All activities involving filling, excavating, disturbing of vegetation (both trees and understory) and storing of materials shall be prohibited within preservation or conservation areas and buffer areas. Exceptions may be granted by the Environmental Protection Division only to facilitate implementation of approved management plans, or construction of structures such as boardwalks, nature trails, bicycle paths, or selective removal of nuisance/invasive vegetation by hand or hand-operated tools.

(4)

All activities within preservation, conservation, and buffer areas shall be performed or overseen by an environmental scientist, ecologist, biologist or person with similar training capable of preparing materials that meet the standards of the UDC. Refer to Section 124-176 for Resource Management Plan Requirements.

(5)

Resource management events shall be implemented within the time frames outlined within the approved management plan.

(6)

Tree Protection Requirements.

a.

Design criteria for the protection of existing trees. The proposed development must comply with the requirements of the Trees Code, Chapter 54, Article XVIII of the County Code.

b.

Required tree protection. No tree shall be removed, until a tree removal permit is issued. Tree removal permits are issued after approval of Subdivision or Site Development Plans.

(b)

Open drainage. Where a proposed subdivision or development is traversed by or abuts a watercourse, drainageway, canal, lake, pond, or stream, or where such facility is proposed as a part of the plan, a drainage easement (or right-of-way) shall be provided which shall conform substantially with the limits of such watercourse, drainageway, canal or stream. The easement (or right-of-way) shall conform to the minimum guidelines illustrated in Article 18, Appendix C13. A deviation from minimum guidelines illustrated in Article 18, Appendix C13 must be approved by the County Engineer. It shall not be encroached upon, and shall have satisfactory vehicle access.

(c)

Site Development Requirements.

(1)

Vegetative buffers shall be established between future development and watercourses, including bay waters. Buffer widths shall be measured landward from the top of bank or landward extent of wetland vegetation. Minimum buffer widths shall be 50 feet. To provide flood plain protection or water quality enhancement and habitat protection or enhancement, the Administrator may authorize variable watercourse buffers that provide equivalent benefit as those provided by a 50-foot wide watercourse buffer using the Administrator's best professional judgement. In no instance shall the Administrator authorize a watercourse buffer less than 30 feet wide.

(2)

Specific buffer width standards that have been imposed or approved through a Critical Area Plan, including a Sector Plan or Corridor Plan; a Planned Development District; a Development of Regional Impact pursuant to Chapter 380, Florida Statutes; a Regional Watershed Plan; or a Development Permit as defined in the Concurrency Management regulations issued by Sarasota County, shall supersede the buffer width standards contained in section 124-251(c)(1) above.

(3)

Native vegetation shall not be removed from watercourse buffers except as necessary for:

a.

County maintenance access;

b.

Road and utility crossings;

c.

Nature trails;

d.

Access to water dependent uses such as docks; and

e.

Subdivision or development amenities such as golf course fairways when such crossings are unavoidable.

Nuisance/invasive species shall be removed in areas where they are dominant and shall be replaced with native vegetation. If no vegetation exists in the buffer, native trees, shrubs or grasses shall be planted. Plantings shall not interfere with County maintenance access.

(4)

Where plantings within a watercourse buffer are required, a planting plan shall be submitted for review and approval by the Administrator. Planting requirements and design shall consider future maintenance needs.

(5)

Consideration of native habitat. The subdivision or development of land shall be consistent with the "Principles for Evaluating Development Proposals in Native Habitats" located in the Environment Chapter of the Comprehensive Plan. Adverse environmental impacts shall be minimized by clustering of residential developments, or the implementation of other measures.

(6)

Requirements for Bonding. A bond is required to guarantee success of any mitigation or littoral zone project. The timing for submittal of such bond is located in Article 9, Environmental Regulations and shall remain in effect until the mitigation areas and littoral zones are determined successful by the Administrator. Partial release or reduction of an environmental bond can be requested upon the Administrator's acceptance of a completed mitigation area(s) or littoral zone(s).

(Ord. No. 2020-017, § 4, 6-3-2020)

(a)

Stormwater management.

(1)

Stormwater management design.

a.

Generally. If a Site Development Plan is required, then a complete Stormwater Management System shall be provided for the treatment and control of stormwater runoff that originates within the subdivision or development, or that flows onto or across the subdivision or development from adjacent lands. Said Stormwater Management System shall be designed in accordance with Southwest Florida Water Management District criteria provided in the District's Permit Information Manual and modified as necessary to comply with Sarasota County Stormwater Management regulations. The designs shall be based on a 10-year, 25-year, and 100-year, 24-hour storm events and the level of service criteria given in Article 18, Appendix C14. The system shall be designed for long life, low cost, and ease of maintenance by normal methods. Drainage calculations shall be based on appropriate hydrologic design methods as approved by the County.

1.

The rational method may be used for developments of ten acres or less.

2.

For developments greater than ten acres, runoff hydrographs shall be developed and routed through the proposed Stormwater Management System.

3.

Predevelopment peak discharges shall assume existing conditions and be based on 10-year, 25-year, and 100-year, 24-hour storm events. In areas of known stormwater problems or with restrictive conveyances, allowable peak outflows shall be as determined by the most recent County study or best available data.

4.

Post-development peak discharges and hydrographs shall be based on a 10-year, 25-year, and 100-year, 24-hour storm events for the proposed conditions. Where basin model updates are available, they must be used as the basis of review for development proposals equal to or exceeding a total area of 35 acres or impervious area of eight acres to demonstrate no adverse increase in off-site flood stages.

b.

Roadside Swales. Roadside swales within street rights-of-way shall be sodded and have side slopes no steeper than four to one. Normal swale sections shall be a minimum of six-inches deep. Runoff may accumulate up to halfway across the outside travel lane for a ten-year, 24-hour storm. Water in excess of this quantity shall be diverted from the roadside swales and carried away by storm sewers, or other approved means. Where flow velocities in excess of two feet per second are anticipated, curb and gutter shall be provided.

c.

Lot line Swales. Lot line swales shall be required and preserved via covenants and restrictions for each lot, unless other drainage means are affected, according to an approved development drainage study. Rear lot Swales greater than 150 feet in length and less than 0.2 percent grade shall have a concrete low flow v-channel provided by the developer. The v-channel shall be a minimum two-feet wide and approximately two-inches deep and at least four-inches thick.

d.

Open channels and outfall ditches. With the exception of roadside Swales and major drainage ways, open drainageways within 100 feet of school sites shall not be permitted unless specifically approved by the Board. In these areas, drainage plans shall provide the stormwater be collected in properly designed systems of underground pipes, inlets and other appurtenances and be conveyed to an ultimate positive outfall beyond the outer edge of the subdivision or development or at the nearest natural outfall. Where permitted, open drainageways shall retain natural characteristics and be so designed and protected that they do not present a hazard to life and safety. Protection against scour and erosion shall be provided based on standard engineering practice as required by the County Engineer.

e.

Disposition of stormwater.

Drainage level of service:

Stormwater quality: no discharge from any Stormwater Management System shall cause or contribute to a violation of water quality standards in waters of the state as provided for in State Statutes. Further, the County will develop and set criteria based upon state and local regulations which will set a community level of water quality standard for Stormwater Management Systems; and Stormwater quantity: No discharge from any Stormwater Management System shall cause adverse increases in off-site flood levels. A complete Stormwater Management System shall provide for adequate control of stormwater runoff. In order to avoid burdening downstream drainageways and for general conservation purposes, the following specific guidelines are as follows:

1.

Drainage designs shall provide for the attenuation/retention of stormwater from the site. Where basin model updates are available, they must be used as the basis of review for development proposals equal to or exceeding a total area of 35 acres or impervious area of eight acres to demonstrate no adverse increase in off-site flood stages. For all other sites, water released from the site shall be in such a manner as to assure that the rate of runoff after post-development is less than that before development. At least six inches of freeboard shall be provided above the 100-year flood elevation in attenuation ponds and lakes. The attenuation ponds and lakes shall have at least a two-foot berm top width.

2.

A 100-year event flood analysis shall be provided demonstrating no inundation of habitable structures and no offsite discharge except through approved outfalls.

3.

Stormwater Management Systems shall include special engineering design features to minimize pollution from oil, suspended solids and other objectionable materials. Wet detention treatment systems shall be designed to treat one inch of runoff; other treatment systems shall be designed to treat the runoff resulting from the first one inch of rainfall. Stormwater Management Systems discharging directly into saltwater tidal systems, bays, or the gulf shall be designed to treat 1.5 times the volume required for the selected treatment system. Runoff from the area being developed or redeveloped shall be treated. As an alternative to the volume based treatment methodology, an applicant may design the system to demonstrate a Net Improvement (See Article 18, Appendix C26b) to water quality by using one of the following methodologies:

i.

For projects located within the watershed of a waterbody listed as impaired by the Florida Department of Environmental Protection or U.S. Environmental Protection Agency, the applicant must demonstrate a reduction of those pollutants to the waterbody associated with the impairment.

ii.

For other project areas, the applicant must demonstrate to the County Engineer or his or her designee that the project results in a reduction of mean annual runoff. The mean annual runoff analysis must be based on local long term daily rainfall data of 15 years or greater.

4.

Stormwater Management Systems shall be designed to reduce floating and suspending solids to a minimum.

5.

Drainage structures (inlets, manholes, control structures, etc.) shall be designed to minimize ponding within the structure.

6.

No cutting, clearing, grading or filling shall be accomplished on any site under development unless appropriate devices, as shown in the best management practices plan, have been installed to minimize pollution from objectionable materials, to control erosion, and to remove sediment from surface water runoff. Appropriate techniques shall also be utilized to stabilize and revegetate disturbed areas as soon as possible.

7.

A plan for operating and maintaining the Stormwater Management System shall be provided. The plan shall include a schedule of tasks to be performed including periodic dredging and silt removal by the designated maintenance entity and shall be sufficient to ensure proper performance of the system.

8.

A certificate of ownership and delegation of Stormwater Management System Maintenance Agreement (See Article 18, Appendix C23), will be required for all developments which are not a part of a previously approved Stormwater Management System.

9.

A construction plan stormwater review checklist (See Article 18, Appendix C24 and C25), a construction plan stormwater design summary form (See Article 18, Appendix C26a) and a construction plan stormwater design summary form for Net Improvement (See Article 18, Appendix C26b) will be required for all developments which are not a part of a previously approved Stormwater Management System. Article 18, Appendix C15 defines the methodology to be used to determine attenuation volumes for stormwater management designs utilizing the rational method.

f.

Attenuation and retention facilities.

1.

Underground facilities are not acceptable unless adequate justification and demonstration of reliable performance can be provided based on standard engineering practice to the County Engineer. Underground facilities shall provide for easy inspection, access and maintenance.

2.

Dry detention ponds with manmade filter systems which have a distance from the filter system to the most remote point of the pond bottom greater than 150 feet in length shall have a concrete low flow v-channel. The v-channel shall be a minimum of two-feet wide and approximately two-inches deep and at least four-inches thick. The dry pond bottom slopes shall be a minimum 0.1 percent.

3.

Applicants may use the voids in gravel or similar material in the calculations of treatment or attenuation storage only when it is demonstrated to Planning and Development Services or its successor that the percent void space is 80 percent of the testing laboratory values for the selected aggregate(s), if obtained and certified by a Florida licensed geotechnical professional or as demonstrated by the manufacturer's or supplier's specification. Applicant shall provide manufacturer's or supplier's specifications or published documentation to Planning and Development Services to support the provided values.

4.

Chain-link and wood fences are prohibited around Stormwater Management Systems, except for vinyl coated chain link or decorative aluminum fences.

g.

Regional attenuation facilities. The use of regional stormwater attenuation facilities in lieu of on-site facilities is encouraged. Documentation shall be provided demonstrating that proposed regional facilities adequately serve the intended service area without adverse impacts up or downstream. Any party or group of parties interested in creating a regional facility should contact the Sarasota County Stormwater Manager to present their proposal to the Regional Facilities Committee.

h.

Inlet spacing. Inlets shall be spaced in such a manner as to accept 100 percent of the design runoff. The actual required spacing will depend on the characteristics of each particular site.

i.

Ditch crossings. Utilities crossing County maintained ditches shall be designed in accordance with Article 18, Appendix C16.

j.

Subdivision or Site Development Plans. Shall include the delineation of the 100-year/24-hour floodplain on a specific plan sheet. This plan sheet will be recorded in the Official Records prior to issuance of construction authorization. The final plat will include a reference to the Official Record book and page where the floodplain is recorded.

(2)

A Redevelopment Plan submitted in conjunction with a Site Development Plan shall be subject to the stormwater management regulations contained in Section 124-129(l) of the UDC and the stormwater management regulations provided below. In the event that the regulations in Section 124-129(l) of the UDC are in conflict with the regulations provided below, Section 124-129(l) shall prevail.

a.

A master Stormwater Management System, including attenuation and treatment facilities, will be required for all properties that are the subject of the same Rezoning or Special Exception application. The master Stormwater Management System shall fully accommodate and benefit all lots, parcels or tracts within the rezoned property. The master Stormwater Management System shall be approved prior to or concurrent with the first Site Development Plan for the site.

(3)

Dedications. Except for drainage easements and drainage structures, which are to remain private, all drainage easements and drainage structures, which are to become public, shall be dedicated to Sarasota County at no expense to the County. Dedication for drainage ditches shall include a suitable berm (shoulder) width for maintenance operations and be in accordance with Article 18, Appendix C13a—C13c. Said berm shall be cleared of trees, shrubs and other obstructions and shall have adequate equipment access. Suitable maintenance areas for the other drainage structures shall also be dedicated to the County. If the dedications do not appear in the recorded plat, then a separate instrument must be prepared and recorded prior to construction.

(4)

Maintenance.

a.

If required drainage easements and drainage structures are to remain private, an instrument acceptable to the County Attorney shall be recorded in the public records identifying a designated responsible entity which shall be responsible for the operation, maintenance and repair of the drainage easements and structures. The instrument shall provide that if the drainage easements and structures are not adequately maintained in accordance with County standards, the County shall have the right but not the obligation to go on the property and perform all necessary operation, maintenance, and repair functions. All expenses of such operation, maintenance, and repair shall become a lien against the property which may be foreclosed by the County (See Stormwater Conveyance and Maintenance, Chapter 54, Article XVII, of the County Code).

b.

Where a new subdivision or development contains historic drainage ditches and drainage structures within its boundaries, these ditches and structures shall either be dedicated to Sarasota County or maintained by a designated responsible entity as provided above. If an owner cannot legally comply with the dedication or maintenance requirements of this section, the County, by virtue of approving and recording the final plat, shall have a right and license in perpetuity to enter upon the property for the purpose of operating, maintaining and repairing such historic drainage ditches and structures. The right and license to maintain historic drainage ditches and structures shall be exercised in the discretion of the County and shall impose no affirmative obligation on the County to perform such functions. Such right and license shall automatically terminate at such time as the historic drainage ditches and drainage structures no longer exist or function as drainage facilities.

c.

If there is no designated responsible entity having the obligation to maintain the capacity of the off-site drainage system receiving stormwater discharge from the site, the applicant requesting development approval shall fulfill one of the following:

1.

Provide:

i.

The on-site stormwater management system serving the development shall be designed to assume non-maintenance of the receiving water system;

ii.

An executed agreement recorded in the public records, indemnifying the County for any attorney's fees or costs incurred as a result of the County's approving the development.

2.

Obtain a private drainage and maintenance easement and identify the entity responsible for maintenance of the capacity of the receiving drainage system.

3.

Obtain and provide a public drainage and maintenance easement to the County for maintenance of the capacity of the receiving drainage system by the County.

4.

Pay the County's costs of condemning the receiving drainage system, including any award to the landowner, of obtaining a drainage and maintenance easement for maintenance of the capacity of the receiving drainage system by the County.

(5)

Best management practices. An Erosion and Sediment Control Plan, Best Management Practices Plan, or Pollution Prevention Plan showing the location of, and details of, all erosion and sediment control best management practices (BMPs), especially perimeter controls, stabilization of site ingress/egress points (soil tracking prevention), inlet protection, outlet stabilization, and protection of receiving water and stormwater conveyances. A dewatering plan is required if dewatering discharges are to be directed offsite or to on-site wetlands or surface waters. The plan must include a detail of sediment traps or basins.

a.

The BMPs must be installed prior to disturbing the site's vegetation.

b.

Failure to follow best management plan shall be reason to place a stop work order on the site until such time the deficiencies are corrected.

(b)

Design criteria. All lands proposed for subdivision or development shall be suitable for the various proposed purposes in the request for approval. The developer shall also demonstrate that the proposed subdivision or development complies with the comprehensive plan, the UDC, other divisions of these regulations and other laws, ordinances and regulations, as applicable.

(1)

Use of natural features. The size, shape and orientation of lot(s) and siting of buildings shall be designed to provide building sites logically related to vegetation (trees), topography, solar orientation, natural features, streets, and adjacent land uses. Lots and streets shall be designed to maximize the preservation of natural features, trees, tree masses, unusual rock formations, watercourses and sites which have historical significance, scenic views and similar assets.

(2)

Consideration of soil and flood hazards. No plan shall be approved unless the developer submits substantial and competent evidence that all lands intended for use as building sites can be used safely for building purposes, without interruption of access or other undue hazard from flood or adverse soil or foundation conditions. The following standards shall apply:

a.

To protect floodplain functions including conveyance, storage, wildlife habitat and water quality functions:

1.

No net encroachment will be allowed into a floodplain, up to that encompassed by the 100-year event, or on floodplain associated soils defined in Sarasota County Comprehensive Plan Future Land Use Policy 1.2.5.

2.

Compensating storage shall be equivalently provided between the seasonal high-water level and the flood level.

b.

Subdivisions or development located in areas of special flood hazard, as delineated by the Federal Emergency Management Agency, shall comply with those requirements in addition to all applicable County regulations.

c.

Approval of drainage and flood protection plans does not constitute a representation, guarantee or warranty of any kind by the County or any officer or employee as to practicality or safety of any protective or other measure. Approval of such plans shall create no liability upon or cause action against such public body, officers, or employees for any damage that may result pursuant thereto.

d.

All development which involves land subject to the Sarasota County Gulf Beach setback line or Barrier Island Pass 20-year hazard line, the Florida Department of Environmental Protection Coastal Construction Control Line or other regulation thereof by Sarasota County shall have said line(s) depicted on the plan. When lots are created using land seaward of the setback line(s) to comply with lot area requirements, said lots shall possess adequate buildable area landward of said line(s) to comply with all requirements of the UDC.

(3)

Construction plans shall include the delineation of the 100-year/24-hour floodplain on a specific plan sheet, and also include a note identifying the 100-year 24-hour design flood elevation. This plan sheet will be recorded in the official records at the time the Final Subdivision Plat is recorded. The Final Subdivision Plat will include a reference to the official record book and page where the floodplain is recorded. The applicant shall provide the County with an electronic copy of the official floodplain plan compatible with the GIS format.

(Ord. No. 2023-007, § 2, 4-25-2023)

(a)

General provisions.

(1)

Jurisdiction. These regulations shall apply to those areas under the jurisdiction of this UDC. These regulations, including drainage design criteria as defined in Section 124-252, shall also apply to County Capital Improvements for existing roadways/bridges and for new roadways/bridges. Administrative Adjustments to these standards may be granted in accordance with the provisions contained in Section 124-46, Administrative Adjustment Review Procedure.

They may also be applied to any other incorporated; municipality in Sarasota County, provided the governing body of such municipality elects to come under the jurisdiction of these regulations.

(2)

Purpose. These regulations are adopted for the purpose of establishing the minimum standards of roadway and highway design and construction in the County.

(b)

Design and Construction Standards.

(1)

Standards. The County hereby adopts as minimum roadway standards the following documents, each in their latest editions as of the date of project submittal to the County:

a.

The Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida commonly known as the "Florida Greenbook";

b.

The Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, Divisions II and III and all supplemental specifications and special provisions issued by FDOT via the Specs on the Web application;

c.

The Transit Facility Handbook (FDOT Districts One and Seven);

d.

Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD);

e.

ADA Standards for Accessible Design;

f.

Design Standards and Calculation for Sarasota County Area Transit (SCAT) Bus Stops and Shelters; and

g.

The following FDOT Design Standards:

1.

FDOT Flexible Pavement Design Manual;

2.

FDOT Rigid Pavement Design Manual;

3.

FDOT Drainage Design Guide;

4.

FDOT Structural Manual;

5.

FDOT Intersection Design Guide;

6.

FDOT Traffic Engineering Manual, except for lighting at uncontrolled pedestrian crossings which shall be determined by the County Engineer;

7.

FDOT Utility Accommodations Manual;

8.

FDOT Florida Design Manual;

9.

FDOT Driveway Information Guide; and

10.

FDOT Quality/Level of Service Handbook.

h.

Sarasota County Public Works Department Transportation Technical Details.

(2)

Updates to the Standards. The FDOT Standard Specifications for Road and Bridge Construction, Divisions II and III are updated, amended or clarified as follows:

a.

Generally. References to "compensations," "methods of measurement" and "basis for payment" are of concern only to the owner and contractor and may be modified by them as they see fit.

b.

References to the Director or Secretary shall be interpreted to mean the Sarasota County Engineer.

c.

References to Department shall be interpreted to mean the County, unless it is in reference to manuals or testing methods in which case it shall be the Florida Department of Transportation.

d.

References to Engineer shall be interpreted to mean the Sarasota County Engineer.

e.

References to Inspector shall be interpreted to mean the Sarasota County Inspector.

f.

Updates and Additions to Specific Sections are made on an annual basis.

(3)

Quality Control. It shall be the applicant's responsibility for the cost and to comply with all testing requirements specified in the FDOT Standard Specifications for Road and Bridge Construction and submission of such test results to the County within ten (10) days from the date of testing or LOT closure as applicable.

(4)

Streets. (See Article 18, for Minimum Standards for Street Cross Sections).

a.

Street improvements. Street improvements shall be designed and constructed in accordance with these regulations, and conform to the following specifications.

1.

Grading and centerline gradients. Per plans and profiles approved by the County Engineer based on standard engineering practice.

2.

Arterial streets. Four or more travel lanes each a minimum of 12 feet in width to which shall be added bicycle facilities consistent with the Florida Design Manual of the Florida Department of Transportation, five-foot sidewalks on both sides of roadways, turn lanes, deceleration lanes, or other features consistent with Article 18, and "A Policy on Geometric Design on Highways and Street" (current edition) of the American Association of State Highway and Transportation Officials (AASHTO).

3.

Collector streets. Two or more travel lanes each a minimum of 12 feet in width to which shall be added bicycle facilities consistent with the Florida Design Manual of the Florida Department of Transportation; and turn lanes, or other features consistent with Article 18, and "A Policy on Geometric Design on Highways and Street" (current edition) of the American Association of State Highway and Transportation Officials (AASHTO).

4.

Local streets. In residential developments and commercial nonmanufacturing developments (less than ten percent truck traffic) a minimum pavement width of 22 feet and consistent with Article 18. Private residential streets with less than 1,000 ADT may have a pavement width of 20 feet with closed drainage as identified in Article 18. In industrial subdivisions or developments a minimum pavement width of 38 feet (includes two 12-foot travel lanes and two seven-foot paved bicycle lanes) and consistent with Article 18.

5.

Frontage streets. Shall have a pavement width of 22 feet, except that private residential subdivisions or developments less than 13 dwelling units per gross acre may have a pavement width of 20 feet.

6.

Alleys. 20 feet of pavement width.

7.

Curb and gutter. As required by Article 18.

8.

Swales, with a TYPE "H" curb (See Article 18) or other adequate pavement edge protection may be used in excessively drained and somewhat excessively drained to moderately well drained soils, except where closed drainage is required.

9.

Subgrade. As required by Article 18.

10.

Pavement structural base course. As required by Article 18.

11.

Asphaltic cement concrete wearing surface. As required by Article 18.

12.

Grassing and mulching. Prior to the issuance of the "First Letter," the developer shall be responsible for ensuring that all swales, parkway medians, percolation areas and planting strips shall be sodded, seeded or planted and mulched in accordance with the UDC and 124-252(a)(1)b. Sodding for erosion control at the back of curbs and at the pavement edges shall be provided.

13.

Street name signs. Street name signs and posts (See Article 18) shall be installed by the developer at all intersections prior to issuance of the "First Letter."

14.

Street lighting. The developer shall install all energy efficient LED street lighting, with fixtures approved by the County. Lighting is required to be provided along all thoroughfare roadways. A special taxing district or binding owners association shall be established for operation and maintenance charges.

15.

Intersection improvements and traffic control devices.

i.

The developer shall cause to be designed and constructed necessary traffic control devices, and acceleration, deceleration and turning lanes (hereinafter referred to as traffic improvements) required by the County or other jurisdiction. Said traffic improvements shall include those needed outside the boundaries of the subdivision or development which are necessary to achieve and maintain traffic safety under the increased traffic projected to be generated by the entire subdivision or development and phases thereof. Where the County Engineer determines based on standard engineering practice that the need for traffic improvements is not solely attributable to a particular subdivision or development, the developer shall be required to deposit with the County a pro rata share of the cost of necessary traffic improvement attributed to the subdivision or development based on standard engineering practice by the County Engineer in accordance with the standards of paragraph ii. below.

ii.

Required traffic improvements shall be indicated on the approved plans for the subdivision or development, and conform to current editions of the Manual of Uniform Traffic Control Devices for Streets and Highways; the Manual of Uniform Traffic Standards for Design Construction and Maintenance of Streets and Highways; and standard engineering practice, as determined by the County Engineer.

iii.

In accordance with the approved plans, the developer shall complete the installation of all required traffic control devices and acceleration, deceleration and turning lanes prior to the issuance of the "First Letter."

iv.

All components for signalization shall be fully compatible and integrate with the County's Advanced Traffic Management System. All new traffic signal shall be connected and integrated in the Central Signal Management System ATMS.NOW. Where it is not feasible to meet this requirement, the County Engineer or his/her representative may approve variations to the requirements.

v.

Resurfacing. If the developer is required to construct auxiliary turning lanes, then the developer shall be required to resurface the full width of all lanes in the direction of travel of the required improvement for the length of the new improvement unless otherwise determined by the County Engineer or authorized designee.

vi.

Multi-lane Arterial/Collector. If the developer is required under any applicable development order or other requirement to newly construct two (2) or four (4) lanes of a four (4) or six (6) lane County-designated arterial/collector roadway, the developer shall design and construct them as the outside lanes of said roadway.

vii.

Two two-inch conduits shall be required along all newly constructed public roadways unless as determined by the County Engineer.

viii.

Enhanced signing and marking treatments at approaches to roundabouts with the approaches having two or more lanes, and at uncontrolled pedestrian/trail crossings shall be as determined by the County Engineer.

16.

Sidewalks and bicycle lanes.

i.

Sidewalks not less than five feet in width shall be provided at the developer's expense on at least one side of all streets abutting the site development or subdivision, except that sidewalks with less than 2 feet from the face of a high back shall meet FDOT standards including sidewalk width.

a)

Notwithstanding the foregoing, the Administrator has the authority to waive or defer the requirement to construct a sidewalk if the Administrator finds that the waiver or deferral is in the best interest of the County. Any applicant requesting a waiver or deferral shall provide written analysis to the Administrator justifying the requested waiver or deferral. An applicant shall also provide an alternatives analysis for public access for the proposed development.

b)

In making a determination that a waiver or deferral is in the best interest of the County, the Applicant shall demonstrate to the satisfaction of the Administrator the following:

1)

That special conditions and circumstances exist which are peculiar to the land, structures, or required improvements involved;

2)

That a literal interpretation of the provisions of these regulations would deprive the applicant of reasonable use of his property;

3)

That the special conditions and circumstances do not result from the actions of the applicant;

4)

That the granting of the Administrative Adjustment requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required improvements under similar conditions. No pre-existing conditions on neighboring lands, which are contrary to these regulations, shall be considered grounds for the issuance of an Administrative Adjustment; That, with respect to a right-of-way or improvement requirement, such requirement does not bear a reasonable relationship or rational nexus between the need for additional capital facilities and the demands generated by the development along with other development within the area.

c)

In no event shall the Administrator issue a waiver or deferral when the development is located within 2 miles of an existing or planned school, or when the waiver or deferral will create a gap that will adversely affect an existing or planned public sidewalk system.

d)

In making the determination, the Administrator shall consider at a minimum the following factors:

1)

The extent of local sidewalk connectivity to existing or planned sidewalks.

2)

The constrained nature of any rights-of-way, particularly those less than 40 feet in width.

3)

Any pre-existing plats, County development approvals, or other land encumbrances.

4)

Whether the sidewalks are included in a scheduled project that is fully funded within the County's adopted five (5) year CIP program.

5)

The level of impact to County regulated environmental features.

6)

The level of existing public improvements (e.g. transportation improvements, stormwater management system).

e)

In granting a waiver, the Administrator shall condition its approval on the payment of an amount to be used to fund an equivalent construction of public sidewalks off-site within publicly maintained right-of-way as part of the County's sidewalk Capital Improvement Program. The Administrator shall establish a rate to be used in determining the amount of funding for equivalent construction of public sidewalks, which will be based on recent County construction projects (e.g. construction, fill, drainage, MOT) as well as an applicable construction cost index. All payments shall be made prior to issuance of construction authorization. If the development has minimal dirt or shell roadway improvements less than a total of 14 feet in width, a waiver may be granted with no payment required provided the right-or-way will not be improved as part of the development project.

f)

In allowing for waiver or deferral, the Administrator may also impose additional conditions or stipulations.

ii.

All streets contained within a subdivision shall provide sidewalks on both sides of the streets. It may be permissible, at the discretion of the County Engineer to allow a sidewalk on only one side of the street if all buildings are located on only one side of the street, and the required sidewalk width shall be determined by the County Engineer. Said sidewalks shall be offset from the right-of-way lines by not less than one foot. Sidewalks are not required for interior streets in residential subdivisions with lots larger than one acre in size. Such sidewalks shall be installed upon or along each lot prior to the issuance of a Certificate of Occupancy for the dwelling unit upon each such lot.

iii.

Intersections where sidewalks intersect roadway curb and gutter shall meet all ADA compliance requirements.

iv.

Along streets newly constructed or required to be widened in conjunction with development of a subdivision, bicycle facilities constructed in accordance with the "Bicycle Facilities Planning and Design Manual" (current edition) of the Florida Department of Transportation shall be provided.

v.

Alternative proposal: The developer may submit an alternative proposal to the requirements of this subsection. Said proposal shall reflect a sidewalk and bicycle facilities system along streets and lot line easements which link the development to activities such as school sites, shopping concentrations, and other pedestrian and bicycle facilities. Any such alternative proposal shall be based on standard engineering practice and approval by the County Engineer and consistent with the Florida Design Manual of the Florida Department of Transportation; and "A Policy on Geometric Design on Highways and Streets" of the American Association of State Highway and Transportation Officials (AASHTO). Any such sidewalks shall be installed upon or along each lot prior to the issuance of a Certificate of Occupancy for the dwelling unit upon each such lot.

vi.

Sidewalk or trail construction in the public right-of-way, public easements or other public lands, for public use and not necessary to meet any other County development requirement, shall not be required to meet County stormwater attenuation or treatment requirements.

17.

Underdrains shall be required on both sides of all streets unless a soils report, prepared by a Florida registered engineer practicing in soils and determined sufficient by the County Engineer based on standard engineering practice, indicates that such drains are unnecessary.

18.

Bridges and approaches shall be designed and constructed in accordance with the most current version of "A Policy on Geometric Design on Highways and Streets" (AASHTO). Bridges on private streets shall meet the same requirements as those on public streets.

b.

Off-street and right-of-way improvements. Prior to the issuance of the "First Letter," the developer shall dedicate right-of-way and complete such improvements (or provide funds for completion or installation) in conformance with the standards and specifications in of these regulations.

c.

Design standards.

1.

Projected traffic volumes. Streets for residential subdivisions and non-residential development shall be classified based on the projected average traffic volume criteria contained in the latest edition of Institute of Transportation Engineers (ITE) Trip Generation Manual. Streets for commercial and industrial subdivisions shall be classified on a case by case basis in consultation with the County Engineer based on standard engineering practice and the projected average traffic volume for uses anticipated. The relationship of the subdivision's street pattern to shopping areas, employment centers and other trip generators must also be considered in developing street classifications to provide safe and efficient vehicular and pedestrian access.

2.

Horizontal curves shall be used for all changes in direction. On local streets, however, a direction change of 70 degrees or more may be accomplished with an "L" intersection designed in accordance with Article 18.

3.

Minimum street design specifications. All streets to be established in a subdivision or development shall be designed in accordance with the following minimum specifications:

¹ Does not apply to access ways internal to mobile home or recreational vehicle parks.

² Delta angles less 60° (The provisions of the Manual of Uniform Standards for Design, Construction and Maintenance for streets and highways shall apply as appropriate to all new roads and street construction.)

d.

Cul-de-sac.

1.

Shall be provided with a paved circular turnaround pursuant to Article 18. Right-of-way for the turnaround shall extend at least eight feet beyond the edge of the paved surface.

2.

Shall have a maximum length of 1,500 feet.

3.

Access. Access to lots on cul-de-sac shall be restricted to the cul-de-sac.

e.

Private streets. Private streets may be approved by the County Engineer, if they meet public street standards, and comply with the following:

1.

May be used to provide security and exclusivity, not as a means to reduce design criteria below adopted standards.

2.

Shall be permitted only where a satisfactory means of providing for their control and maintenance is demonstrated. Generally, such control and maintenance must be accomplished through a homeowners' association to which all unit owners must belong, pursuant to deed conditions and covenants running with the land. (See Article 18)

i.

The homeowners' association shall be responsible for maintenance, liability and enforcement of traffic control on private streets.

ii.

Erection and maintenance of all traffic control and street name signs, shall be the responsibility of the homeowners' association. All signs shall be provided by the developer, subdivider or association.

iii.

All traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).

3.

Shall be clearly identified as "private" on all plans and plats.

4.

Shall have a "private street" sign.

5.

Shall be named according to current criteria with a name approved by the Administrator.

6.

The street section, including pavement and appurtenances, shall be pursuant to Article 18.

7.

The street will not block the logical access to adjoining property, nor interfere with the street patterns previously established, nor interfere with the street patterns which should be established to provide for appropriate traffic circulation (See also Article 18, for maintenance requirements to be included in Protective Covenants and Deed Restrictions).

f.

Continuation of existing street pattern. The proposed street layout shall be coordinated with the street system of the surrounding area. All collector and arterial streets created shall be public.

g.

Intersection design. Streets shall be designed to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two streets shall be prohibited. A minimum sight distance of 250 feet from any intersection shall be maintained on the intersecting streets. This requirement shall not be construed to increase the minimum allowable intersection separation of 150 feet.

h.

Street names. Street names shall not be used which will duplicate or may be confused with the names of existing streets. New streets which are an extension of, or in alignment with, existing streets shall bear the same name as that of the existing streets. All courts and circles shall have one name only. All proposed street names shall be approved in writing by the Administrator.

i.

Local streets. Local streets shall be designed to discourage excessive speed and through traffic, and shall incorporate the following traffic calming design considerations.

1.

All streets within Subdivisions shall be constructed and designed in accordance with vehicular design speed standards that promote the safety of pedestrians and bicyclists. Traffic calming measures that modify vehicle speeds and other driver behavior may be used to promote the pedestrian orientation.

2.

Developers shall coordinate with the County Engineer on the design and placement of traffic calming measures.

3.

Traffic calming on any collector or arterial road, as designated by the Comprehensive Plan, shall be balanced with its regional vehicle traffic-carrying role.

(c)

Site access.

(1)

Subdivisions on arterial/collector streets. Direct vehicular access from the abutting arterial and collector streets to individual residential lots shall be prohibited by showing a limited access right-of-way line along those lot lines on the plat. Access to such lots shall be by way of interior local streets or frontage streets. The Board shall also require corner or double frontage lots to have screening walls or landscaping which meets the standards of the UDC. Measures necessary to buffer and protect residential properties, and to separate through and local traffic shall be required. Any such measures required shall not be located on public rights-of-way.

(2)

Partial width streets. Where an existing partial width right-of-way is adjacent to a new subdivision, the existing right-of-way and new right-of-way shall be fully improved up to current standards and dedicated by the developer.

(3)

Transportation mitigation and dedication requirements.

a.

In order to mitigate the adverse impacts of proposed development on County transportation facilities and ensure that development does not proceed in the absence of facilities adequate to serve such development, a developer shall be required consistent with the requirements of this section to provide at no expense to the County for the dedication of on-site road right-of-way sufficient to ensure that streets providing access to a proposed development conform to minimum County right-of-way standards. Land dedicated for any on-site public or private right-of-way shall not be counted in satisfying the yard or area requirements of the UDC.

b.

Where the proposed development includes or is adjacent to a platted street, public right-of-way or planned extension of a street which does not conform to the minimum right-of-way design and construction requirements of the UDC, the Thoroughfare Plan, or other regulations related to road right-of-way standards, the developer shall be required to dedicate on-site road right-of-way to the extent on-site road right-of-way is necessary to bring the platted street, public right-of-way or planned extension of a street into conformity with the appropriate right-of-way standards, and to the extent the dedication of on-site road right-of-way complies with subsection d. of this section. If a proposed development abuts only one side of road, only the remaining portion of the required right-of-way for that side of the street shall be dedicated to the extent the dedication of on-site road right-of-way complies with subsection d. of this section.

c.

Any right-of-way dedicated pursuant to the provisions of this section shall be in addition to and shall not affect the obligation of the developer to provide other on-site and site related improvements necessary to accommodate the proposed development including, but not limited to, access roads, turn lanes, acceleration and deceleration lanes, traffic signalization and other improvements required by these regulations or any ordinance or regulation of the County.

d.

The amount of land required to be dedicated for on-site road right-of-way shall not exceed a proportionate fair share representing the amount of additional roadway reasonably necessary to accommodate the anticipated impacts of the proposed development at buildout.

e.

A developer dedicating right-of-way pursuant to the provisions of this section shall be entitled, subject to the provisions of the Sarasota County Mobility Fee Ordinance, to a) a credit against mobility fees for the value of any dedicated road right-of-way or b) reimbursement for the value of any dedicated road right-of-way through a Capital Contribution Front Ending Agreement pursuant to F.S. § 380.06(16), if the development is a Development of Regional Impact; or both. The amount of the credit shall be based on value of the right-of-way at the time of:

1.

Submission of Subdivision or Site Development Plan, or

2.

Commencement of construction of the roadway for which credit is sought; whichever occurs first.

f.

In the event the County determines there is a need for additional road right-of-way for future County road purposes adjacent to or within a site for which development approval is sought and the owner is not required to dedicate said right-of-way pursuant to this section, the County may require that all setbacks be measured from the edge of the projected future right-of-way line provided a notice of intent to acquire right-of-way is issued to the owner before Subdivision or Site Development Plan approval. Within 90 days following issuances of the "First Letter" for the development by the County Engineer, the County shall commence proceedings to acquire the additional right-of-way by purchase or condemnation and shall proceed in good faith to acquire said property.

g.

A developer whose proposed development contains an existing, on-site road improvement that fails to comply with the minimum standards of this Article, for construction and design shall improve said road to the minimum construction and design standards set forth in this UDC. Said on-site road shall be dedicated at no expense to the County, unless it is approved by the County as a private roadway.

h.

Shared access or joint use driveways are encouraged to serve adjoining parcels in order to increase average spacing of access points and reduce the number of access points and increases the spacing between driveways.

i.

Dedication of on-site road right-of-way pursuant to this section shall not be required where the dedication of right-of-way would deprive the landowner of all beneficial use of the property or provide no reasonable benefit to the proposed development.

j.

In order to promote the safety of the County transportation system, roads that provide access to development shall meet existing County road standards or be adequate to accommodate the types and volume of traffic to be generated by the proposed development. Where an existing or proposed road right-of-way intended to provide access to a proposed development does not meet County standards or is inadequate to accommodate the types or volume of traffic anticipated to be generated by the development, plus existing or projected background traffic, the County shall deny Subdivision or Site Development Plan, Rezoning or Special Exception approval until such time as the deficiencies in the transportation facilities are corrected unless such denial results in a taking of all beneficial use of the property. Deficiencies which may warrant denial of approval include unsafe condition of the road surface, inadequate pavement width, unsafe condition of shoulders of the road, inadequate turning radii or frontage roads for the type of traffic generated, lack sidewalk where traffic may create safety hazards for pedestrians and other conditions creating safety hazards on the road facility.

k.

The Board shall adopt after public hearing administrative guidelines to implement the provision of this section, which guidelines shall establish a methodology for determining the amount of road right-of-way required to be dedicated consistent with the requirements of this section. In the interim before guidelines are adopted, the County Engineer shall determine on a case by case basis consistent with the requirements of this section the amount of right-of-way to be dedicated based on the projected traffic impact of a proposed development at buildout. Any determination of the County Engineer may be appealed to the Board for a final determination.

l.

The Board shall have the authority to grant a Variance from any requirement of this section upon application of an owner or agent pursuant to the Variance procedures set forth in Article 5. By Variance, the Board shall have the authority to adjust the amount of road right-of-way required to be dedicated pursuant to this section to ensure that an owner is required to dedicate no more than a proportionate fair share of road right-of-way reasonably necessary to accommodate the anticipated impacts of the proposed development at buildout.

(4)

Driveway separation. Driveways should align with existing driveways on the opposite side of the road. Where that is not feasible, major driveways on opposite sides of the road should be offset no less than 150 feet measured along the roadway centerline form the centerline of the driveway to the centerline of the driveway.

(5)

Street access to adjoining property. Street stubs to adjoining areas shall be provided to give access to such areas or to provide for future traffic circulation. Street stubs in excess of 150 feet shall be provided with a temporary cul-de-sac turnaround within the platted right-of-way complying with the cul-de-sac standards contained herein. When adjoining lands are subsequently developed, the developer of said adjoining land shall bear the expense of extending the street and restoring it to the original design cross-section.

(6)

Connection Radii.

a.

Minimum commercial driveway radii.

b.

Minimum street intersection curb or pavement radii.

(7)

Access and accessway width. Residential condominiums, single family subdivisions, villas, duplexes or apartment complexes having 100 dwelling units or more, shall have two or more fully functional access points unless the County Engineer and the Fire Marshal determines that the design of a single access provides safe and reliable ingress and egress. A minimum pavement width of 20 feet shall be required for two-way traffic or 15 feet for one-way.

(8)

Ingress and Egress to the development and the proposed structures thereon, shall be located to avoid the backing of vehicles into the road right-of-way or private road easement, the intermingling of automotive traffic and pedestrian and other traffic, or the intermingling of traffic flow in opposite directions. Ingress and egress of sufficient width shall be provided for servicing of utilities and refuse collection, and access for emergency vehicles such as fire and ambulance.

(9)

Means of access for Fire Department apparatus. Fire Department vehicular access to all structures under construction shall be provided at all times. In areas where ground surfaces are soft or likely to become soft, all-weather surface access roads shall be provided and designed to support the heaviest piece of fire apparatus sixty thousand (60,000) lbs. likely to be operated on the site.

(d)

Access Management Regulations.

(1)

These Access Management Regulations are intended to allow for reasonable rights of access to roadways and other rights-of-way consistent with the following purposes:

a.

To preserve an acceptable level of service on County roadways.

b.

To minimize conflicts between vehicles using County roadways and vehicles accessing County roadways.

c.

To promote and ensure the safety of the general public using County roadways.

d.

To preserve the ability of the County to provide adequate and safe roadway facilities to serve the general public.

e.

To provide for the proper location and to limit the number of access facilities, to regulate safe and reasonable access from County roadways to abutting property, and to provide sufficient spacing between access points to minimize interference with traffic using adjacent access facilities.

f.

To protect the public investment through adherence to reasonable standards and design specifications for access facility improvements on County roadways.

g.

To minimize congestion and delay on County roadways resulting from new or modified accesses to abutting property.

h.

To prohibit the use of a County roadway as a portion of the internal circulation system of abutting property.

(2)

Administrative Provisions.

a.

Jurisdiction. These Access Management Regulations shall apply to all access facilities providing, or proposed to provide, ingress and egress to a County roadway or street right-of-way from any property in the incorporated or unincorporated area of Sarasota County. These Access Management Regulations shall not be construed in any manner to limit the power or authority of the County to maintain, operate, improve, or construct any County roadway as it best determines, including the modification, restriction or elimination of any access facility permitted under Section or any access facility permitted prior to the adoption of this UDC.

b.

Access Approval Requirements. Before any connection to the public street system of Sarasota County is constructed or modified, approval by the County shall be based upon both of the following criteria being met:

1.

Safety: New access shall be approved only for locations where they best facilitate safe traffic circulation; proposed modifications to existing accesses shall be approved only where they would make the access safer; and

2.

Technical & Operational Standards: New access shall also meet the operational and technical standards for the type of facility as defined in Section 124-253(d)(4), unless the County Engineer approves an Administrative Adjustment under this section; no modifications to existing accesses shall be approved if the modifications would make the access less compliant with the current operational and technical standards.

An access approval shall be valid for the period designated for the construction authorization. Pursuant to the Section 124-41 of the UDC, the County may, upon written request, extend the term of construction authorization. However, the County reserves the right to alter access in the future due to widening improvements or based on the County Engineer's determination that the access has become unsafe pursuant to Section b.1., above.

The provisions of these Access Management Regulations apply to all Special Exception and Rezoning applications, Right-of-Way Use permits, Subdivision or Site Development Plan approvals, and construction plan approvals, and any other development permit applications that affect access facilities, including, but not limited to:

i.

All new access onto the County roadway, regardless of whether the development served by the driveway is new or existed previously.

ii.

All new public or private roads or modifications to private roads desired by the County or the property owner. For new development under the Subdivision or Site Development Plan regulations of the County, approval of the final construction plans by the County shall serve as approval of the new connection(s).

iii.

All modifications to existing driveways that will result in a change in the driveway's traffic volumes or dimensions, location, profile, utilities or the manner in which stormwater is handled.

iv.

Any modification to the driveway(s) required by the County due to changes made by the property owner that affect the safe and efficient operation of the driveway(s) or public street system.

v.

Temporary driveways which would accommodate access to parcels of land that are vacant or on which a building is under construction and that are not served by a permanent driveway.

vi.

For any new connections or modifications to existing connections to State roads within Sarasota County that are related to construction outside of the right-of-way and requiring a Building Permit, approval by the Florida Department of Transportation is also required. A State Highway System Connection Permit from the Florida Department of Transportation must be obtained prior to the beginning of any construction on the State's right-of-way (Florida Administrative Code, Rule 14-96). The Florida Department of Transportation has original jurisdiction over the State Highway System within Sarasota County.

3.

Access Classes. Sarasota County has the responsibility and final authority for determining the access classes for County roads and has adopted the FDOT Access Management Standards (Rule 14-97) as the basis for this determination. Access Class Criteria are shown in the table below.

c.

Enforcement.

1.

Compliance. No new access facility shall be approved or constructed, and no existing access facility shall be modified, which does not comply with the provisions set forth in these Access Management Regulations.

2.

County Engineer: Powers and Responsibilities. The County Engineer is assigned the following powers and responsibilities:

i.

To review, approve, disapprove, or cause changes and modifications to be made to all studies, drawings, engineering plans, and other documents that are required by these Access Management Regulations as they relate to access facilities and roadway improvements.

ii.

To institute any appropriate action as set forth in these Access Management Regulations and to request that the County's Attorney institute any proceedings to prevent unlawful construction, reconstruction, alteration, modification, enlargement, conversion, or unlawful use of an access facility providing service to a County roadway after the adoption of these Access Management Regulations.

iii.

To advise the County Commissioners on all proposed amendments to these Access Management Regulations.

iv.

To develop and place into use any forms, applications, sketches, drawings, or permits to be used for the administration and implementation of these Access Management Regulations and to change, modify, or revise these forms, applications, sketches, drawings, and permits as needed.

v.

To oversee and administer the day-to-day implementation of these Access Management Regulations.

vi.

To grant and approve variations from the provisions of these Access Management Regulations in accordance with the standards as set forth in subsection d., below.

vii.

To render interpretations of these Access Management Regulations in accordance with the provisions set forth in the UDC.

viii.

Perform other duties as required by this these Access Management Regulations.

ix.

Designate and supervise agents to perform such duties as are assigned by these Access Management Regulations.

x.

To coordinate the requirements and provisions of these Access Management Regulations with the governmental authority having land use regulatory authority over a development proposing access to a County roadway.

xi.

To administer and carry out the provisions of these Access Management Regulations in a reasonable time.

d.

Administrative Adjustment Criteria.

1.

Generally. Where the County Engineer finds that hardships may result from strict compliance with the Access Management Regulations, the County Engineer may approve an Administrative Adjustment from the requirements of the Access Management Regulations, provided that such Administrative Adjustment shall not have the effect of nullifying the intent and purpose of the Access Management Regulations.

The County may require that a Transportation Impact Analysis or other information, studies, or data be submitted when reviewing a request for an Administrative Adjustment from the provisions of these Access Management Regulations.

The County may require review and approval of the Administrative Adjustment request by the Fire Marshal.

2.

Standards for an Administrative Adjustment. The County Engineer may grant an Administrative Adjustment upon application by any owner of abutting property or any government agency whenever he or she determines that all of the following have been met:

i.

The Administrative Adjustment is consistent with the general purpose and the intent of these Access Management Regulations and will not result in undue delay or congestion or be detrimental to the safety of the motoring public using the County roadway;

ii.

The need for the Administrative Adjustment is caused by unique or existing special circumstances or conditions of land where the strict application of the provisions of these Access Management Regulations would deprive the owner of reasonable access. Circumstances that would allow reasonable access by a road or street other than a County roadway, circumstances where indirect or restricted access can be obtained, or circumstances where engineering or construction solutions can be applied to mitigate the condition shall not be considered unique or special; and

iii.

There must be proof of hardship. It is not sufficient to show that greater profit or economic gain would result if the Administrative Adjustment would be granted. Furthermore, the hardship or difficulty cannot be self-created or self-imposed; nor can the owner's lack of knowledge of the applicable regulations support a claim of hardship. The difficulty or hardship must result from the strict application of these Access Management Regulations and it must be suffered directly and solely by the owner/developer of the property in question.

3.

The Administrative Adjustment shall be processed in accordance with Article 5.

(3)

Definition of Access Classes and General Requirements. Access approval shall be required for all new and modified access facilities providing ingress and egress to or from County roadways. The Access Class will be determined in accordance with the proposed land use, the number of lanes, roadway functional classification and traffic volumes. The standards governing design and construction of the access will be based on the access class and roadway classification of all connections. The developer must specify the type of access being requested. The County Engineer has the responsibility and final authority for determining the access type and class.

Reference Section 124-253(d)(4)a.1, Access Standards Table, for spacing requirements related to speed within the access class.

The County shall provide the initial access classification for all thoroughfare roads for reference and update annually. The initial access classification is based on the Future Thoroughfare Plan designation as defined in Chapter 6 of the Comprehensive Plan, Access classes for all State roads are determined by the Florida Department of Transportation.

a.

Access Class 1. These highways do not provide direct property connections. Highways in this class provide for efficient and safe high speed and high volume traffic movements, serving interstate, interregional, and intercity, and, to a lesser degree, intracity travel needs. Federal-Aid Interstate highways and Florida's Turnpike are typical of this Class.

b.

Access Class 2. These are highly controlled access facilities distinguished by the ability to serve high speed and high volume traffic over long distances in a safe and efficient manner. These highways are distinguished by a system of existing or planned service roads. This Access Class is distinguished by a highly controlled limited number of connections, median openings, and infrequent traffic signals.

c.

Access Class 3. These facilities are controlled access facilities where direct access to abutting land will be controlled to maximize the operation of the through traffic movement. This class will be used where the existing land use and roadway sections have not completely built out to the maximum land use or roadway capacity or where the probability of significant land use change in the near future is high. These highways will be distinguished by existing or planned restrictive medians and maximum distance between traffic signals and driveway connections.

d.

Access Class 4. These facilities are controlled access highways where direct access to abutting land will be controlled to maximize the operation of the through movement. This class will be used where the existing land use and roadway sections have not completely built out to the maximum land use or roadway capacity or where the probability of significant land use change in the near future is high. These highways will be distinguished by existing or planned non-restrictive median treatments.

e.

Access Class 5. This Class will be used where the existing land use and roadway sections have been built out to a greater extent than those roadway segments classified as Access Classes 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified Access Classes 3 and 4. These highways will be distinguished by existing or planned restrictive medians.

f.

Access Class 6. This Class will be used where the existing land use and roadway sections have been built out to a greater extent than those roadway segments classified as Access Classes 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified Access Classes 3 and 4. These highways will be distinguished by existing or planned non-restrictive medians or centers.

g.

Access Class 7. This Class shall only be used in urbanized areas where existing land use and roadway sections are built out to the maximum feasible intensity and where significant land use or roadway widening will be limited. This class shall be assigned only to roadway segments where there is little intended purpose of providing for high speed travel. Access needs, though generally high in those roadway segments, will not compromise the public health, welfare, or safety. Exceptions to standards in this access class will be considered if the applicant's design changes substantially reduce the number of connections compared to existing conditions. These highways can have either restrictive or non-restrictive medians.

h.

Access Class A. This Class is for thoroughfare segments where access is governed by a Sector Plan, Corridor Plan, Critical Area Plan, 2050 Plan, or an Interlocal Agreement.

i.

Temporary Access. Temporary access may be granted if the designated access is not functional. Once a permanent access becomes available, the temporary access shall be eliminated at the expense of the developer or owner.

j.

General Requirements.

1.

Coordination of Development. If property abutting a County roadway is being developed and access is requested to the County roadway in accordance with Section 124-253(d)(2)b., as required by, the Right-of-Way Use permit provisions in Section 124-48, it shall be the responsibility of the developer to effect any coordination necessary to comply with the requirements and provisions of these Access Management Regulations and the requirements of the governmental authority having land use regulatory authority.

i.

If two or more developers of property abutting a County roadway are being developed during the same time period, the County may require each developer to effect any coordination necessary to comply with the requirements and provisions of these Access Management Regulations.

ii.

The approval of an access by the County shall not be construed to relieve a developer of any responsibility to secure any other permits or comply with any requirements of any other governmental authority having any jurisdictional responsibilities as it relates to a development. The developer shall also be responsible for securing any permits or complying with any other requirements of any governmental authority as they may relate to the construction of an access facility or roadway improvement.

2.

Costs of Access Facilities and Improvements to County Roadways. The developer shall be solely responsible for paying all costs associated with the design and construction of an access facility and all costs associated with the design and construction of any improvements to a County roadway as required by these Access Management Regulations to accommodate the access facility and the traffic using the access facility. Costs to the developer shall include but are not limited to the following:

i.

Preparing any plans, studies, information, or data required by the County to review an access request and any revision thereto.

ii.

Obtaining traffic counts and classification counts.

iii.

Preparing a Transportation Impact Analysis and any revisions thereto.

iv.

Preparing Subdivision or Site Development Plans and any revisions thereto.

v.

Preparing engineering plans and specifications, including estimates of costs and any revisions thereto.

vi.

Traffic control signage.

vii.

Traffic signalization.

viii.

Pavement markings and markers and all other traffic control devices.

ix.

Obtaining and posting Performance Guarantee Bonds, Certificates of Insurance and acquaintance Bonds.

x.

Fees and other costs as required by these Access Management Regulations.

xi.

All other costs associated with an access facility and improvements to a County roadway as required in these Access Management Regulations.

(4)

Access Policies. The following policies shall be applied to all Access Classes with the understanding that any developer of property abutting a County roadway has the right of reasonable access.

a.

Access Criteria. This section describes criteria applicable to all access facilities. The criteria presented include the allowable number of access facilities and their permissible location with respect to adjacent access facilities and intersecting streets.

The number of access points should be limited and spaced far enough apart to promote safe operation and minimize conflicting movements. The Access Standards Table below provides minimum spacing for stated conditions.

1.

Access Standards Table.

2. Corner Clearance at Intersections. The following access standards shall be applied to all isolated corner properties:

i.

Access to Residential Property. Direct access from residential property adjacent to arterial streets shall be prohibited when access can be provided via a collector or local roadway. Additionally, access shall be limited to a single driveway for any individual residential lot unless the County Engineer determines that circumstances exist that warrant additional driveway access be granted through an Administrative Appeal process.

ii.

Primary Access to Non-Residential Property. If non-residential property is located such that access can be provided to either an arterial or collector facility, primary access shall be via the collector facility.

iii.

Number of Access Points. The minimum number of driveways should be allowed that will adequately serve the need for the abutting property but not adversely affect the safety, function, and capacity of the roadway to which access is desired.

More than one (1) driveway may be permitted when one driveway will not provide adequate access due to traffic characteristics, unusual topographic conditions, or when more than one (1) driveway is required by other regulations. Additional driveways may be authorized when warranted.

Where additional access points are necessary, first consideration shall be given to supplemental access points which restrict turning movements. Shared access points or indirect access from adjacent public streets shall be required.

iv.

Alignment with Existing Access Facilities or Roads. Proposed accesses shall be aligned with existing access facilities or roads in accordance with these Access Management Regulations or off-set a minimum of 150 feet centerline to centerline.

v.

Access Along Acceleration Lanes. A driveway shall not be constructed along acceleration or deceleration tapers connecting to interchange ramp terminals, intersecting roadways, bus bays, or other driveways unless access would be unreasonably denied and the driveway can be made to function property, i.e., safe and efficient traffic operation.

vi.

Spacing of Adjacent Access Points. To function effectively, adjacent access points shall be spaced to insure safe and efficient traffic movements and operations.

The minimum distance between adjacent access points shall be determined by the length required to provide full left-turn tapers and storage bays along the roadway for inbound turning movements to each access facility regardless of the present need for said tapers and storage bays.

vii.

Distance from Intersecting Streets. To enhance traffic safety and operation on County roadways, access points shall be located at a sufficient distance from the functional area of an intersection. No driveway shall be allowed within the radius return of the intersecting roadway. An exception for existing developments may be granted when driveways are reconstructed as part of a roadway reconstruction project, and the County Engineer determines that the exception will not result in or perpetuate an unsafe condition or conflict with any adopted access management plan.

The minimum distance between an access point and an intersecting street shall be determined by the standards set forth in these Access Management Regulations.

viii.

If a property has inadequate frontage to meet this minimum distance requirement, the County shall determine the location of the access point using the standards and provisions established by these Access Management Regulations. The County may require that the access facility be shared, that indirect access be used, or that the access facility restrict turning movements.

Minimum commercial driveway radii.

The interior angle of the curve shall be 90 degrees.

Minimum street intersection curb or pavement radii.

b.

Existing Facilities. Improvements and upgrading of existing roadways are to conform to standards for new roadways of the same Access Class. Exceptions to these standards shall be allowed only where physical constraints make it impossible for the Applicant to comply or otherwise upgrade existing site conditions. All such exceptions shall be approved through the Administrative Adjustment process defined in Article 5.

c.

Traffic Control Devices. The installation of signs and pavement markings at private roadways and residential or commercial driveways, and the installation of traffic signals at high-volume commercial driveways may be required in order to provide for the safe and efficient movement of traffic. All traffic control devices shall be installed in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and the current applicable County and FDOT standards and specifications.

The approval to install traffic signals shall be based on a traffic engineering study which addresses the warrants, design, and operation of the signals. The study and design shall be approved by the County. For signals on a State road, the study and design shall be approved by the County and FDOT. The responsibility for the engineering study shall rest with the Applicant. If a traffic signal is installed, all signal elements and appropriate portions of the access approach to assure efficient signal operation, shall be on public right-of-way or on easements granted to the County or FDOT.

d.

Restricted Turning Movements. In certain instances, turning movements may be restricted. Conditions under which turning movements may be restricted are listed below:

1.

Where numerous low-volume access points exist and the spacing between them does not permit adequate left-turn tapers and storage bays for inbound vehicles without blocking adjacent access points.

2.

At access points close to an intersection where inbound or outbound left turns would have to be made within areas where traffic is queued during any period of the day.

3.

Where other conditions such as sight distance prevent safe left turn movements.

4.

Where a particular parcel is provided with more than one access point and volumes do not justify left-turn access into or from both access points.

5.

Where a parcel has access provided by both a signalized access point and an unsignalized access point on a same roadway, left turns shall be prohibited at the unsignalized location.

6.

When the median opening for left-turning vehicles would not meet median opening spacing requirements as set forth in these Access Management Regulations.

7.

When other capacity, delay, operational, or safety conditions make specific left turns detrimental to the public interest. These conditions will be identified on a site-specific basis.

Turning movement restrictions shall be enforced with barrier median channelization or driveway channelization as determined by County staff. Directional signs shall also be required. The signage shall conform to the provisions of the MUTCD and the policies of the County or FDOT.

e.

Changes in Land-Use. Changes in land-use or land-use density are expected to produce a change in the number of vehicles using an access facility. Therefore, modifications, improvements, or revisions may be required to the access facility or the County roadway to accommodate the change.

f.

Access to Corner Lots. The following standards shall govern access to corner lots:

1.

For access to an abutting property located at the intersection of two County roadways, one access point shall be permitted on the County roadway having the lower volume of traffic. The County shall determine which roadway has the lower volume of traffic. The requirements for the access point shall comply with the provisions set forth in these Access Management Regulations.

2.

For corner lots at an intersection where only one of the abutting roads is a County roadway, access shall be provided from the road having the lower volume of traffic. The County shall determine which road has the lower volume of traffic. If the County determines that the County roadway has the lower volume of traffic, one access shall be permitted, and the requirements for the access point shall comply with the provisions of these Access Management Regulations. If the County determines that the other roadway has the lower volume of traffic, the access shall be approved by the authority having jurisdiction over the roadway.

3.

If access is being requested to both roads and one or both of the roads are a County roadway, the developer may apply for an Administrative Adjustment. In addition to the provisions set forth in Section 124-253(d)(2)d., a Transportation Impact Analysis shall be required.

g.

Access to Subdivided or Previously Platted Parcels. Land subdivided prior to the effective date of these Access Management Regulations shall comply with the requirements of these Access Management Regulations to the extent possible. Owners of such property for which access is being requested and for which compliance with these Access Management Regulations cannot be attained may apply for an Administrative Adjustment, as set forth in Section 124-253(d)(2)d.

h.

Shared Access. Certain geometric, land-uses, and site conditions may require shared access among two or more developments or properties. This situation arises when frontages are small and each development or property is unable to meet the requirements of these Access Management Regulations. In these instances, shared access shall be provided to adjacent developments or properties. The County shall determine when shared access shall be required on a site-specific basis. In such instances, the developer shall be required to provide the County with a Non-Exclusive Ingress/Egress Easement document, in an acceptable form as provided in Article 18, Appendix A4.

(5)

Design Standards. The design of roadway improvements and access facilities shall at minimum comply with the standards and specifications listed within Section 124-253(b)(1):

Any deviations from these specifications must be filed as an Administrative Adjustment, as set forth in124-253(d)(2)d. unless otherwise specified. In the absence of specific guidance in these Access Management Regulations, the standards of the County, FDOT, AASHTO, or FHWA manuals listed in this Section 124-253, most recent editions of and any supplements thereto, shall govern.

a.

Sight Distance Requirement. The access facility shall be at a location along the property frontage that meets or exceeds the requirements of the FDOT Design Standards Index 546.

An access point shall be located at the point of maximum sight distance along a property frontage. Placement of an access facility in a horizontal curve along a roadway or just below the high point of a crest vertical curve on a roadway shall be avoided.

Any movement for which sight distance is inadequate shall be prohibited by use of signs, pavement markings, and restrictive design features, as required by the County. If safe sight distance is not available at any point along the frontage of a property, shared access or indirect access shall be obtained.

Access to a property shall be denied when minimum safe sight distance cannot be attained. When access is denied, access may be allowed, at the developer's expense, in one of the following ways:

1.

Negotiating with adjacent property owners to acquire access to the subject parcel through easements.

2.

Constructing a frontage road serving the subject property and connecting with the roadway where safe access can be provided.

3.

Redesign or reconstruction of the existing roadway to correct sight distance deficiency.

For additional regulations regarding sight distance, please refer to Chapter 122, Article I, Section 122-1 of the County Code.

b.

Channelizing Islands and Medians. At high-volume access facilities, it may be desirable to control particular maneuvers. This shall be achieved through regulatory signage and by installing channelizing islands or medians.

Channelizing islands and medians at access facilities shall be designed to the same standards as islands and dividers installed at street intersections as outlined in FDOT Roadway and Traffic Design Standards Index 527.

c.

Auxiliary Lanes. Auxiliary lanes refer to acceleration, deceleration, and storage lanes. Auxiliary lanes should be given consideration on all access connections to collector or arterial roadways. Left-turn and right-turn storage lanes shall be provided where warranted or based on engineering judgment.

Acceleration or deceleration lanes shall be provided where warranted under the FDOT Florida Green book, latest edition.

d.

Median Openings. Whenever possible, access should be located at existing median openings.

New median openings shall be reviewed on a case-by-case basis considering such factors as spacing from existing median openings, location of existing access, characteristics of the roadway, etc.

Where median openings are approved, they shall conform to the requirements of AASHTO and FDOT Roadway and Traffic Design Standards, latest edition.

Where access is provided at all new and existing median openings, the developer shall provide adequate left-turn storage for existing and proposed driveways and roadways.

e.

Spacing of Accesses and Median Openings. The minimum spacing between adjacent access points and between adjacent median openings are a function of the Access Class assigned to the main roadway. The distances shown in Section 124-253(d)(4)a.1. are minimums and may not be sufficient if extensive right or left-turn storage is required. Greater distances may be required to provide sufficient site-specific storage to maintain safe and efficient traffic flow. Right-turn in/right-turn out movements and access points which do not meet the minimum spacing may be permitted where, due to size, configuration, or location of the parcel, there is no feasible alternative access meeting the adopted standard.

f.

Corner Clearance. Corner clearances for all connections shall meet or exceed the minimum connection spacing requirements of Section 124-253(d)(4)a.2.

g.

Access. Developments without frontage on a public or private street shall be connected to such street by an access easement not less than 20-feet wide. If there is not minimum lot frontage required by the UDC then 20 feet of frontage abutting a public or private street may be substituted for the access easement.

h.

Access design. Access driveways shall be designed to intersect with the street as nearly as possible at right angles.

i.

Continuation of existing street pattern. The proposed development shall be coordinated with the street systems of the surrounding area. The proposed development shall not preclude the connection of streets in adjacent areas where required to provide for proper traffic circulation. Where the streets required to be connected are public streets the connection shall also be a public street.

(Ord. No. 2019-006, § 11, 4-23-2019; Ord. No. 2020-014, § 2, 6-3-2020)

(a)

Potable water supply systems.

(1)

Potable water system.

a.

Central potable water system. A central potable water system shall be provided in all new developments. Connection to a central water system shall be required where an existing central water system is within a given distance from a point on the perimeter of the development closest to the source of service and measured along an accessible right-of-way or easement, provided:

1.

The system has sufficient capacity to allow such a connection; and

2.

Any rules or regulations that govern said system can be amended to accommodate such a connection.

Distance requirements will be prorated based upon the number of approved equivalent dwelling units (EDUs) over 15 units within the development and will be calculated according to the following schedule:

Distance requirements for connection to a central potable water system for developments over 15 EDUs shall be prorated within this schedule based upon the number of approved EDUs within the new development. Larger developments (i.e., Developments of Regional Impact [DRI] and Developments of Critical Concern [DOCC] shall be evaluated on an individual basis within the guidelines of all applicable Federal, State and County regulations.

If a County or other existing central water system does not exist within the above requirements, or is not available under paragraph 1. and 2. above, an on-site central potable water system is required. Where the developer provides a central potable water system utilizing a temporary water treatment plant, the completed plant, lines, and all other appurtenances shall be deeded at no cost to Sarasota County to be operated and maintained by the County, unless dedication is waived by the Board.

(2)

Exemptions. Subdivisions shall be exempt from the provisions of Section 124-254(a)(1)a.1 above, under the following conditions:

a.

Subdivisions having a maximum number of 15 lots and a minimum lot size of one acre (43,560 sq. ft.) or larger and a minimum average lot dimension of 150 feet may be developed with private wells upon compliance with the requirements of Chapter 54, Article XIII of the County Code (Well Drilling).

b.

Subdivisions having an average minimum lot size of five acres or larger with no lots less than three acres may be developed with private wells upon compliance with the requirements of Chapter 54, Article XIII of the County Code (Well Drilling).

c.

Subdivisions having a minimum lot size of one acre or larger may be developed with private wells when rezoned to Conservation Subdivision and upon compliance with the requirements of Chapter 54, Article XIII of the County Code (Well Drilling).

(3)

Water quality standards. All central potable water systems shall provide water meeting quality standards as described in Ch. 403, Florida Statutes, "Florida Safe Water Drinking Act" and Chapter 62-550 Florida Administrative Code, and as prescribed by the U.S. Environmental Protection Agency.

(4)

Design standards. Central potable water systems shall be designed by a Florida registered professional engineer in accordance with these regulations, with the requirements of applicable County, State and Federal ordinances, statutes, and regulations, and with the following minimum design standards:

a.

Central potable water systems shall be designed and constructed in accordance with the domestic requirements established by the appropriate state agency and the fire protection requirements established by the National Fire Protection Association (NFPA).

b.

The potable water distribution systems shall deliver fire flows as follows in residential areas consisting of one and two-dwelling units not exceeding two stories in height:

c.

In-line valves shall be installed at intervals so that no break or repair will necessitate shutting down a length of pipe greater than 500 feet as measured along the street in nonresidential and multifamily developments.

d.

Central potable water systems shall be designed to be compatible with the County central potable water systems or other approved existing surrounding central potable water systems. In addition central potable water distribution mains shall be designed and constructed to extend across the total roadway frontage of new developments. All mains shall be interconnected with other area mains and lines whenever possible to ensure proper mutual support.

(5)

On-site central potable water systems. On-site central potable water systems which serve eight or fewer equivalent dwelling units may be permitted when the requirement for a central water system is exempted pursuant to the Section 124-254(a)(2). Developments not provided with a central water system shall have drafting points connected to available bodies of surface water consisting of a minimum eight-inch pipe with standard fire hose connection or sump and providing two hours of fire flow capacity or developer can meet fire flow with the installation of a fire sprinkler system supplied by an approved water source (i.e., stored water pressure tank, etc.). All development provided potable water systems shall also meet these requirements or those of chapter 10D-4, Florida Administrative Code, whichever are applicable.

(6)

Potable water level of service.

a.

System capacity shall be based on 250 gallons per equivalent dwelling unit per day based on maximum daily flow plus the maintenance of minimum fire flow standards.

b.

Minimum potable water quality standards shall be as defined by the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection, except when the County has imposed stricter standards.

(7)

Fire hydrants. On projects involving any combustible type construction the fire protection system, including fire hydrants, shall be installed and in service prior to placing combustible building materials for structures or combustible pretested fabricated building assemblies on the project site or utilizing them in the construction of building structures. If phased construction is planned, coordinated installation of the fire protection water system is permitted.

(b)

Sanitary sewerage system.

(1)

Central sanitary sewerage systems.

a.

Central sewerage system. A central sewerage system shall be provided in all new developments. Connection to a central sewage system shall be required where an existing central sewage system is within the distance listed below from a point on the perimeter of the development closest to the source of service and measured along an accessible right-of-way or easement, provided:

1.

The system has sufficient capacity to allow such a connection; and

2.

Any rules or regulations that govern said system can be amended to accommodate such a connection.

Distance requirements will be prorated based upon the number of approved equivalent dwelling units (EDUs) over 15 units within the development and will be calculated according to the following schedule:

Distance requirements for connection to a central sewerage system for development over 15 EDUs shall be prorated within this schedule based upon the number of approved EDUs within the new development. Larger developments (i.e., Developments of Regional Impact [DRI] and Developments of Critical Concern [DOCC] shall be evaluated on an individual basis within the guidelines of all applicable Federal, State and County regulations.

If a County or other existing central sewer system does not exist within the above requirements, or is not available under 1. or 2. above, the Board may approve the use of a central sewerage system. Where the developer provides a central sewerage system utilizing a temporary sewer treatment plant, the completed plant, lines and all other appurtenances shall be deeded at no cost to Sarasota County to be operated and maintained by the County, unless dedication is waived by the Board.

b.

When appropriate, in order to provide for future service to the area, a central collection or transmission main, as appropriate, shall be designed and constructed to extend across the total roadway frontage of new developments.

c.

Design standards. Central sewerage systems shall be designed by a Florida registered engineer in accordance with these regulations, the requirements of applicable County, State and Federal statutes and regulation and the following minimum design standards:

1.

Central sewerage systems shall be designed, constructed and maintained in such a manner as not to adversely affect the water quality of any existing stream, lake, or underground aquifer.

2.

Central sewerage systems shall be designed to be compatible with the County central sewerage systems or other approved existing surrounding central sewerage systems.

(2)

Residential developments shall be exempt from the provisions of Section124-254(b)(1)a.2., above, under the following conditions:

a.

Residential developments having lots or parcels of record of less than one acre that existed prior to June 30, 1981, may be developed with on-site sewerage disposal systems upon compliance with the requirements of Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6, Florida Administrative Code.

b.

The division of a residential parcel of land into two lots, where the parcel to be divided has been created or divided since June 30, 1981, under the following conditions:

1.

Residential developments having a minimum lot size of at least one acre (43,560 sq. ft.) Excluding any public or private road rights-of-way, and a minimum average lot dimension of 150 feet may be developed with an on-site sewerage disposal system and a potable water well upon compliance with the requirements of Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6 of the Florida Administrative Code.

2.

Residential developments have a minimum lot size of at least one-half acre (21,780 sq. ft.) excluding any public or private road rights-of-way and having a minimum average lot dimension of 100 feet may be developed with connection to a central potable water supply system and an on-site sewerage disposal system upon compliance with the requirements of Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6 of the Florida Administrative Code.

(3)

Residential subdivisions where a central sewer system is not available or that exceed the distance requirements in the table as provided under Section124-254(b)(1)a.2., above, having a maximum number of 15 lots and a minimum lot size of one acre (43,560 sq. ft.) or larger and a minimum average lot dimension of 150 feet may be developed with private well and on-site sewerage disposal system upon compliance with the requirements of Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6 of the Florida Administrative Code.

(4)

Residential subdivisions where a central sewer system is not available or that exceed the distance requirements in the table as provided under Section124-254(b)(1)a.2., above, having a maximum number of 15 lots and a minimum lot size of at least one-half acre (21,780 sq. ft.) and a minimum average lot dimension of 100 feet may be developed with connection to a central water system and an on-site sewerage disposal system upon compliance with the requirements of Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6 of the Florida Administrative Code.

(5)

Residential subdivisions having an average minimum lot size of five acres or larger may be developed with private well and on-site sewerage disposal system upon compliance with the requirements of Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6 of the Florida Administrative Code.

(6)

Residential Subdivisions having a minimum lot size of one acre or larger may be developed with private well and on-site sewage disposal system when rezoned to Conservation Subdivision and upon compliance with the requirements of Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6 of the Florida Administrative Code.

(7)

Nonresidential central sewerage systems. A central sewerage system shall be provided in all new nonresidential subdivisions.

(8)

Where a central sewer system is available within the distance requirements in the table as provided under Section124-254(b)(1)a.2., above, nonresidential parcels may seek written approval from the Sarasota County Utility Director to use an on-site septic system, instead of connecting to a central sewage system in conjunction with a development plan, development permit or other permit approval process if all of the following criteria are met:

a.

The applicant provides an engineer's cost estimate acceptable to Sarasota County demonstrating that the cost to connect to the central sewage system is sixty thousand dollars ($60,000.00) more than the cost to provide a septic system; and

b.

The proposed level of treatment for the septic system meets or exceeds minimum Health Department standards; and

c.

The septic tank and drainfield are located a minimum of 100 feet setback to the Ordinary High-Water Mark of nontidal lakes, streams, canals, bays, rivers and ponds or within 100 feet of the Mean High-Water Line of tidal bodies of water, including bays and tidal portions of rivers, streams, and canals; and

d.

The proposed development is not within an area of known flooding; and

e.

The nonresidential development can provide reasonable assurance that the equipment and materials used to operate the business will result in a waste stream that is of similar strength and composition when compared to a residential developments waste stream; and

f.

The nonresidential parcel is proposing a single on-site sewerage disposal system with a treatment capacity of less than 601 gallons per day.

Nonresidential developments approved with an on-site sewerage disposal system are subject to the condition of mandatory connection within 365 days of notification by the County when the Sarasota County Utility Director determines that the conditions used for approval have changed such that a hardship to connect no longer exists. The approval by the Sarasota County Utility Director to allow the on-site septic system does not exempt the nonresidential parcel from meeting the Health Department connection requirements of Ch. 381.0065 of the Florida Statutes, or any Health Department rules.

(9)

Requirements for on-site sewerage disposal systems. On-site sewerage disposal systems with a treatment capacity of less than 2,000 gallons per day may be permitted when the development is exempt from the central sewage system requirement, pursuant to this Section 124-254. Such individual system shall fulfill the following requirements:

a.

On-site sewerage disposal systems shall be located in an area such as a front yard, which will provide a convenient and economical connection to a future central sewerage system. Within the Myakka River Protection Zone, on-site sewerage disposal systems whether upon a lot, a parcel, or within a subdivision shall be located landward of the primary structure.

b.

No on-site sewage disposal systems shall be located within 100 feet (when measured along the ground) of the ordinary high water mark of non-tidal lakes, streams, canals, bays, rivers and ponds or within 100 feet of the mean high water line of tidal bodies of water, including bays and tidal portions of rivers, streams and canals.

c.

Satisfactory engineering plans shall be submitted indicating the proper water table/wastewater system separation, as provided for in Chapter 54, Article VIII of the County Code (Septic Tanks) and Chapter 64E-6 of the Florida Administrative Code.

(10)

Sanitary sewer level of service.

a.

Minimum average daily flow to be treated from domestic units shall be designed to provide 200 gallons per equivalent dwelling unit per day; and

b.

Minimum effluent treatment standards for land application, after disinfection and prior to discharge shall meet secondary treatment criteria and as required by State Law or County Ordinances. Discharge criteria for off-site surface water shall meet, at a minimum, advanced wastewater treatment standards.

(c)

Other utilities. Utility lines of all kinds, including electric power and light, telephone and telegraph, cable television, water, sewer and gas shall be constructed and installed beneath the surface of the ground within new developments, unless based on standard engineering practice it is determined by the County Engineer that soil, topographical, or any other compelling conditions make the installation of such utility lines as prescribed herein unreasonable or impractical. It shall be the developer's responsibility to make the necessary arrangement with each utility in accordance with utility's established policies. Said arrangements shall be completed prior to the submittal of final construction plans. The underground installation of incidental appurtenances such as transformer boxes, pedestal mounted terminal boxes for electricity, or similar service hardware necessary for the provision of electric and communication utilities shall not be required. Below ground installation shall not normally be required of bulk electric power supply lines and major communication feeder lines. Nothing in this section shall be construed to prohibit any entity furnishing utility service within Sarasota County from collecting (as a condition precedent to the installation of service facilities) a fee, prepayment, or contribution which may be required to aid in construction.

(d)

Inspection of improvements. After required improvements have been installed, a Florida registered engineer shall be required to submit certification to the County that the improvements have been constructed substantially according to approved plans and specifications. The County Engineer shall periodically inspect all construction, including roads and drainage not to be dedicated to the public, but subject to these regulations. The County Engineer shall immediately call to the attention of the developer and the engineer, any failure of work or material. The County Engineer may suspend work that is not in conformity with approved plans and specifications, and may require laboratory tests when appropriate. The County shall verify that all sidewalks are installed prior to final inspection of any adjoining building. Environmental Protection Division shall inspect all littoral zones, mitigation areas and preservation or conservation areas.

(e)

Abandoned wells and on-site sewage treatment and disposal systems. All abandoned wells as defined in Chapter 54, Article XIII of the County Code (Well Drilling), shall be plugged by a licensed well driller in an approved manner, within 60 days from notification and prior to development approval.

On-site sewage treatment and disposal systems shall be abandoned in accordance with Rule 64E-6.011, Florida Administrative Code. Any existing on-site sewage treatment and disposal system disconnected from a structure that was made unusable or destroyed following a disaster may be reconnected to a rebuilt structure as per procedures in F.S. § 381.0065. A septic tank from a single-family residence may be converted to a cistern and utilized for non-potable irrigation purposes only, if the provisions in Rule 64E-6.011. Florida Administrative Code, are followed. A septic tank may also become part of the sanitary sewer system or a part of the Stormwater Management System upon approval by the Department of Environmental Protection or its designee.

(Ord. No. 2019-006, § 11, 4-23-2019; Ord. No. 2023-055, § 2, 10-24-2023)

(a)

Right-of-way Use.

(1)

Right-of-Way Use Permits. No work may be performed in County rights-of-way or easements until plans have been submitted and a Right-of-Way Use Permit issued by the County Engineer, or designee in accordance with Article 5Section 124-48. No docks or other structures which access water bodies shall be constructed within a public right-of-way, except as specifically authorized by the Board by agreement. The Administrator is authorized to remove any structure in violation of this section after notifying the closest abutting property owner by certified mail ten days in advance of the removal, and notifying that owner of the opportunity to file an appeal within ten days through the process provided in Section 124-41(d).

(2)

Culverts, Sub-Class of Right-of-Way Use Permit. A culvert permit shall be required for residential access driveways and full front culvert projects within County rights-of-way with open drainage systems. The following general provisions shall apply to all culvert permits:

a.

Culvert pipe shall be installed prior to commencement of home construction.

b.

Culvert size or swale elevation shall be determined by the County Engineer based on standard engineering practices.

c.

Culverts shall be reinforced pipe, asphalt-coated corrugated metal pipe, or others as approved by the County Engineer based on standard engineering practices.

d.

Driveway culverts shall be a minimum of 20 feet in length, and a maximum of 24 feet in length. Additional lengths may be required if depth of the ditch is greater than normal. (See Article 18, Appendix C11).

e.

If the diameter of the pipe is 24 inches or greater, mitered end sections shall be required.

f.

Full front culvert projects shall require perforated pipe (bottom only). (See Article 18, Appendix C11).

g.

Full front culvert projects shall be required a minimum of one catch basin per lot. Additional catch basins may be required as determined by the County Engineer based on standard engineering practices (approximately every 50 feet).

(3)

Utility Crossings on Existing Roadways, Sub-Class of Right-of-Way Use Permit.

a.

General. Jack and bore or directional bore method of installation will typically be required under flexible or rigid pavement roadways. Jetting under roadways is not permitted.

b.

Trench Cut Method Approval Requirements. Authorization for an open trench method of utility installation is dependent on the following:

1.

When the affected section of roadway is in poor condition, as determined by the County Engineer based on FDOT Flexible Pavement Design Manual.

2.

When the affected section of roadway is scheduled for resurfacing in the next two years.

3.

When due to conflicts with existing utilities or other constraints, it would not be possible to accomplish the crossing by any other means or when the existing utility line to be connected to is under the pavement.

c.

General Provisions of Trench Cut Method. The following general provisions shall apply to all open trench method utility crossings:

1.

No more than three (3) cuts shall be permitted within any 1,000 foot section of road, unless the entire affected roadway is resurfaced.

2.

Repair of Trench Cuts. Where trench cuts in the roadway are authorized, backfilling of the trench and roadway repair, inclusive of any paved shoulders, shall be as shown on FDOT Design Standards, Miscellaneous Utility Details. The entire lane width shall be resurfaced. The grassed roadway shoulder and embankments up to the right-of-way shall be backfilled and sodded.

(4)

Access and accessway width. Residential condominiums, single family subdivisions, villas, duplexes or apartment complexes having 100 dwelling units or more, shall have two or more fully functional access points unless the County Engineer and the Fire Marshal determines that the design of a single access provides safe and reliable ingress and egress. A minimum pavement width of 20 feet shall be required for two-way traffic or 15 feet for one-way.

(b)

Off-site right-of-way dedication and improvements.

(1)

Right-of-way dedication. Prior to construction plan approval the developer shall dedicate any required right-of-way.

(2)

Intersection improvement and traffic control devices. The developer shall cause to be designed and constructed necessary traffic control devices, and acceleration, deceleration and turning lanes (hereinafter referred to as traffic improvements) required by the County or other jurisdiction. Said traffic improvements shall include those needed outside the boundaries of the development which are necessary to achieve and maintain traffic safety under the increased traffic projected to be generated by the entire development. Where the County Engineer determines based on standard engineering practices that the need for traffic improvements is not solely attributable to a particular development, the developer shall be required to deposit with the County a pro rata share of the cost of necessary traffic improvements attributed to the development by the County Engineer in accordance with these standards. Required traffic improvements shall be indicated on the approved plans for the development, and conform to current editions of the Manual of Uniform Traffic Control Devices for Streets and Highways, the Manual of Uniform Traffic Standards for Design, Construction and Maintenance of Streets and Highways and sound engineering practice as determined by the County Engineer.

In accordance with the approved plans, the developer shall complete the installation of all required traffic control devices and acceleration, deceleration and turning lanes prior to the issuance of any Certificate of Occupancy for the development.

(c)

Subdivision Improvements.

(1)

General. A Florida registered professional engineer shall design, inspect and certify the installation of all required public and private improvements. All plans for improvements shall be prepared by such engineer and are subject to review and approval by the County prior to construction. All required improvements shall be installed at the expense of the developer. The engineer of record shall certify that the facilities comply with all applicable standards. (See Article 18) This certification shall appear on the cover sheet of the plans.

(2)

Monuments.

a.

Permanent reference monuments (PRMs). Permanent reference monuments shall be placed (as required by Chapter 177, Florida Statutes) and certified by a licensed Florida professional surveyor and mapper. Monuments shall be set in the ground so that the top is flush or not more than one-half foot below the finished grade. Subsurface PRMs shall be exposed for inspection when the plat is submitted for review. The location of PRMs shall be indicated on the plat.

b.

Permanent control points (PCP's). Permanent control points shall be installed along the street right-of-way or block lines at "PCS," "PTs," "PRCs," "PCCs," and other changes in direction, excluding those points occupied by "PRMs," and along the centerline of the street right-of-way (as defined and required by F.S. §§ 177.031(13) and 177.091(8)). The PCPs shall be installed either prior to the recording of the plat or prior to the release of the improvement bond and shall be certified accordingly in the land surveyor's certificate, except that the centerline PCPs shall be installed within 60 days after the completion of any road paving surface course. An affidavit as shown in Article 18, Appendix A3 shall be prepared by the professional surveyor and mapper setting the PCPs and shall be recorded with the Clerk of the Court as required by F.S. § 177.091(8), except that the affidavit shall be recorded within 30 days after the PCPs were placed or prior to the release of the improvement bond. The location of all PCPs shall be indicated on the plat.

c.

Bench mark (BMs). Three permanent bench marks to establish vertical control (based on North American Vertical Datum of 1988 - NAVD88) shall be placed and certified by a licensed, Florida professional surveyor and mapper within each subdivision under 40 acres in area, except that only two BMs will be required for subdivisions divided in to nine lots or fewer. For subdivisions over 40 acres an additional three bench marks are required for each 40 acres or portions thereof. Bench marks should be located as near as possible to the center of the subdivision and shall be located within a dedicated road right-of-way, on center line permanent control point (PCP) markers, on concrete bridge walks or curbs or on drainage inlet structures. In addition, to the Professional Surveyor and Mapper's Number on the PCP markers, the letters "BM," together with a location identification number assigned by the County Engineer's office, shall be stamped on the PCP marker. When a BM is located on a bridge or drainage inlet, a metal tablet marker shall be set in the concrete and stamped accordingly or it shall be marked with a drill hole inside a square cut chiseled in the concrete. The location of the BMs shall be indicated on the plat with an arrow and a land surveyor's target symbol and the BM identification number, description and elevation shall be shown by the arrow. The elevation shall be omitted when the BM is located on PCP or structure that is bonded and not yet placed or constructed. When this is the case, the elevation shall be certified on the same affidavit that is required for the land surveyor's certification of the installation of the PCPs.

d.

Perpetuation of survey markers. Any survey marker, monument, pipe, rod, spike, plate, cap or disc installed for the purpose of permanently preserving the boundary lines of any dedicated public or private street, alley, easement, canal, lot, block, tract, parcel or any subdivision or section of land, shall not be disturbed or removed and shall be protected throughout the development. Should such markers fall within pavements, driveways or sidewalks, there location shall be well referenced by a licensed Florida professional surveyor and mapper and the professional surveyor and mapper shall place a surface marker at those same locations upon construction completion. Should such markers fall beneath more than one-half foot of fill, they shall be made accessible to proposed grade by monument boxes or eight inch concrete or PVC pipe. Any and all such markers inadvertently disturbed or destroyed during development or construction shall be accurately replaced by a licensed Florida professional surveyor and mapper at the expense of the developer.

e.

Lot corners. Monuments shall be set at all lot corners, point of intersection, and changes of direction of lines within the subdivision which do not require a PRM or a PCP, however, a monument need not be set if a monument already exists at such corner, point, or change of direction or when a monument cannot be set due to a physical obstruction. Monuments shall be set prior to the expiration of the bond or other surety. If the professional surveyor and mapper or legal entity of record is no longer in practice or is not available due to relocation, or when the contractual relationship between the subdivider and professional surveyor and mapper or legal entity has been terminated, the subdivider shall contract with a professional surveyor and mapper or legal entity in good standing who shall be allowed to place the monuments within the time allotted.

f.

State plane coordinates. Means the system of plane coordinates which has been established by the National Ocean Service for defining and stating the positions or locations of point on the surface of the earth within the state and shall hereinafter be known as designated as the "Florida State Plane Coordinate System." For the purpose of the use of this system, the zones established by the National Ocean Service in NOAA Manual NOS NGS 5, Plan Coordinate System of 1983, shall be used, and the appropriate projection and zone designation shall be indicated and included in any description using the Florida State Plane Coordinate System.

(3)

Lots.

a.

Lot size. In new subdivisions, minimum lot area requirements as related to the proposed water and sanitary sewer service shall comply with this Section. Otherwise, lot dimensions and areas shall not be less than the minimum required for each zoning district established in the UDC. The width and area of lots laid out for industrial and commercial purposes shall be adequate for the type of development contemplated in accordance with acceptable professional engineering and planning practice. The area of street, public or private, shall not be used to calculate area required for minimum lot size or density except for five-acre lots or larger.

b.

Corner lots. In residential districts only, corner lots shall be at least 15 percent greater in width than the minimum required for each zoning district established in the UDC. However, where the minimum width established in the UDC exceeds 100 feet, no additional width shall be required.

c.

Double frontage lots. In residential districts, double frontage lots shall be permitted only where necessary to separate a development from an arterial or collector street or to overcome disadvantage of topography and orientation.

d.

Lot lines. Side lot lines shall be, as nearly as practical, at right angles to straight lines and radial to curved street lines in developments which overlap municipal boundaries lot lines should follow the boundary line. In subdivisions with private streets, lot lines shall be extended to the centerline of the street, except in the case of PUD or where ownership of the streets is vested in a designated responsible entity.

(4)

Easements and rights-of-way.

a.

Easement requirements on plans and plats. All easements shall be clearly identified on the plat in accordance with F.S. § 177.091(16) and Final Subdivision Plats as depicted on the approved Subdivision or Site Development Plan and their intended use clearly stated. Only those easements necessary for known public purposes shall be dedicated to the County. Any easements or rights-of-way that do not appear in the record plat shall be recorded prior to construction authorization.

b.

Utilities and drainage easements. Water distribution and sewage collection/transmission lines shall be installed in street right(s)-of-way. In the case of accessways, ten-foot utility and closed drainage easements on each side of the travel way shall be provided when necessary. Utility and drainage easements centered on rear lot lines shall be provided and shall be a total of at least 16 feet in width as long as the width is adequate for the intended purpose. (Additional widths may be required for closed drainage easements as described in Article 18, Appendix C29, unless an adverse condition warrants a lesser dimension.) Where water distribution or sewage collection/transmission lines will not be installed in street rights-of-way or accessways, an easement of 20 feet in width shall be provided. A utility and drainage easement shall be provided alongside lot lines centered on the lot line as long as the width is adequate for the intended purpose but must be at least 10 feet wide. This 10-foot wide minimum standard for utility and drainage easements centered on side lot lines may be reduced pursuant to subsection b.1. below.

1.

The 10-foot wide minimum standard for utility and drainage easements centered on side lot lines may be reduced down to a minimum of three feet subject to all of the following pertaining to the reduced easement:

i.

Clear engineering calculations demonstrate that the swales will provide sufficient capacity to carry runoff from the highest regulated storm event identified in Section 124-252 without overtopping. Calculations shall include sufficient rationale for each coefficient value used, a graphical representation of contributing area, a formal written statement with explanation of calculated conclusions, and be signed and sealed by a Professional Engineer currently licensed to practice in the State of Florida;

ii.

HVAC, mechanical, pool, and other equipment on adjacent lots must be separated by a minimum of ten feet;

iii.

The easement area shall be kept free of mechanical equipment, rooted trees, shrubs or other landscaping that may block or otherwise adversely affect the design swale flow capacity. These limitations shall be included in the applicable declaration of restrictions;

iv.

The general midpoints of the lot are the elevation highpoints of the side yards and stormwater runoff shall be designed and constructed to split the discharge to both the front and rear of the lot, with no less than 40% to either side; and

v.

No walkways or driveways or other paved surfaces shall be located in the easement.

2.

Any other deviation in the easement widths must be approved by the County Engineer through the Administrative Adjustment process of Section 124-46 as maintaining adequate width to assure equivalent function and maintenance.

c.

Dedications. Public easements and rights-of-way shall be dedicated to Sarasota County at no expense to the County. Suitable maintenance areas for appurtenant drainage structures shall be provided. All easements public or private shall be recorded prior to construction authorization.

d.

Construction in easements. No structures, including non-frangible walls, air conditioning units, pool equipment, buildings or plantings for required landscape buffers shall be permitted within any easement, absent permission or a subordination agreement from the entity(ies) that own the easement. This does not apply to roof eaves.

(5)

Open spaces and recreation areas.

a.

Private open spaces and recreation areas. Developers may include private parks, lakes and recreation areas provided the following are met: Native habitat has been used to fulfill open space requirements in accordance with the policies in the Environment Chapter of the Comprehensive Plan and Article 9 of the UDC; the proposed area shall be clearly identified on the site plan; the areas shall be adequate for the intended purposes and shall have satisfactory access; assurance shall be given (deed restrictions or maintenance agreements that are legally acceptable to the Board after review by the County Attorney) that the areas shall be adequately maintained and that all owners or tenants shall be required to belong to and financially support the operation and maintenance of said facilities. Private parks and recreation areas shall be identified on the plan as "Common Areas for the Owners or Tenants" of property in the development.

b.

Other open space and recreation reservations. The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from dedicating other land for open space and recreation purposes in addition to the requirements of this section.

c.

Recreation level of service. The recreation level of service (LOS) of twelve acres per 1,000 residents of developable park land, as established in the Comprehensive Plan, shall be maintained throughout the unincorporated area of the County.

(Ord. No. 2019-006, § 11, 4-23-2019)

(a)

Resource Management Plan. The Resource Management Plan shall be prepared by experienced professionals familiar with golf course design, construction, agronomy, environment/natural resources, and water resources. The Resource Management Plan shall be a site-specific, comprehensive document submitted to the County detailing goals and Best Management Practices (BMPs) to include, but not limited to, vegetation management, fertilizer and pesticide management, stormwater management, water quality management, irrigation management and general management.

The Resource Management Plan shall consist of Water Resources (Water Quality and Water Conservation) and Natural Resources Components.

The Resource Management Plan shall be updated every five years and submitted to the County for review. Any significant changes to the golf course that do not require additional County development approval shall be submitted to the County as they occur. The approved golf course shall submit annual monitoring reports for the Resource Management Plan. The monitoring reports shall begin during the initial project construction phase and continue until five years after the issuance of a site certification for the entire project. The report shall provide discussion and documentation on the following activities:

(1)

Water Resources Component.

a.

A Water Quality Plan shall be prepared and submitted for approval by the Administrator or designee to insure on-going protection of ground and surface water quality and shall address methods to avoid and minimize potential adverse impacts to surface water or ground water. The Water Quality Plan shall include Integrated Pest Management (IPM). The major components of IPM to be included are as follows:

1.

Monitoring and inventory of pest populations;

2.

Determination of pest-induced injury and action levels;

3.

Identification of priority pest problems;

4.

Selection and timing of least toxic management tools;

5.

Site-specific treatment with minimized chemical use;

6.

Evaluation and adjustment of pesticide applications.

b.

A Water Quality Monitoring Plan also shall be prepared and submitted for approval by the Administrator or designee. See Section 124-256(c)(4)1.a.iv. for plan requirements.

c.

A Water Conservation Plan shall be prepared and submitted for approval by the Administrator or designee and shall include a drought-contingency plan that identifies alternate sources of water and areas where irrigation can be reduced, an Irrigation Water Resources Plan addressing water needs and sources, and a Soils Management Plan. See Sections 124-256(c)(4)b.1 and 124-256(c)(4)b.3.iii for plan requirements.

(2)

Natural Resources Component.

a.

A Natural Resources Component shall be prepared and shall describe appropriate management techniques for natural vegetation areas based upon the existing and created plant communities. Management techniques addressed shall include, but are not limited to, the following:

1.

Invasive exotic plant control;

2.

Removal of any trash and debris;

3.

Restoration of appropriate habitat-specific hydrology;

4.

Prescribed fire or other means for fuel load reduction or habitat improvement;

5.

Native plant restoration;

6.

Discussion of flora and fauna;

7.

Enhancement of wildlife habitat;

8.

Retention of dead trees and snags;

9.

Tree protection and removal;

10.

Identification of areas for restoration, replanting, or enhancement of riparian habitat to re-establish wildlife migration corridors and linkages between fragmented habitat areas. Protection and planned restoration/enhancements for such areas during construction and ongoing operation is required. The Component shall protect drainage systems that support preserved vegetation.

(b)

Natural Resource Monitoring Plan. A Natural Resources Monitoring Plan shall be prepared that includes the status of wetland mitigation or wetland/upland enhancement or restoration; littoral zone monitoring; wildlife monitoring; a discussion of wildlife and protected species activity and habitat management activities; land management activities including those used on the golf course as well as preserve or conservation areas. The plan should include corrective actions if adverse impacts are identified. If after five years no significant adverse impacts are determined and no change in ownership has occurred, reporting may be terminated at the discretion of the Administrator or designee.

(c)

Design and Performance Standards.

(1)

Golf Driving Ranges.

a.

A site plan of the facility shall be submitted showing the layout of the property with all tees, roughs, side yards, structures, off-street parking areas, fencing and proposed plant materials and location.

b.

The site shall be of such configuration so as to permit a minimum driving distance of 300 yards from each proposed tee. The minimum distance requirement may be modified upon satisfactory proof of special circumstances for "limited flight ball" type facilities such as aqua ranges.

c.

Minimum required yards on all sides of a driving range shall be 50 feet.

d.

Lighting used at the site shall be designed, located and constructed so as to prevent glare and minimize reflection onto neighboring property.

(2)

Designed with Safety Considerations. The golf course shall be designed and configured with consideration of the safety of any adjacent residential development. The Developer or Owner shall provide a statement to the County that the golf course design will not create a hazard to public safety and is compatible with adjacent residential uses.

(3)

Natural Resources. Natural features, state and federally listed species' habitat areas, wildlife corridors, and environmentally sensitive areas as defined by the Comprehensive Plan and appropriate state and federal agencies shall be identified early in the site evaluation process. The preservation of these areas shall be a basis for site design of the course.

a.

Cart Paths and Trails.

1.

All cart paths shall be located and designed so as to minimize environmental impacts (e.g. length, width, location, grading, stream and wetland crossings, and visual impact).

2.

Golf cart and pedestrian travel outside of paths shall not occur within or adjacent to sensitive habitat areas.

3.

Cart paths approved in sensitive areas shall be constructed of permeable materials and be a maximum of ten feet wide.

4.

Golf cart crossings of natural water bodies, watercourses, and flow-ways shall be elevated and shall be a maximum of ten feet wide.

5.

Any nature trails approved within preserve areas are for pedestrian use only. All-terrain vehicles, dirt bikes and other motorized vehicles are prohibited within preserve areas.

b.

Vegetation.

1.

Every effort shall be made to route the golf course in such a way as to minimize the need to alter or remove existing native landscapes. The golf course routing shall identify areas that provide opportunities for restoration or enhancement of valuable habitat in the event of disturbance.

2.

Any areas out of play should be utilized to retain or restore existing native vegetation, where possible. The design shall provide for restoration or enhancement of environmentally sensitive areas.

3.

A plan shall be provided for the initial removal, maintenance and control of nuisance and invasive exotic plants. Species to be addressed are as specified in Sarasota County's Exotic Plant Code, Section 54-621, state regulations (Chapters 5B-57.007 and 5B-64.011, FAC) and the Florida Exotic Pest Plant Council's list of Category I and II invasive species as appropriate to this geographic region. Nuisance and invasive vegetation shall be removed in accordance with the approved plan and properly disposed of in an approved landfill or other location or method approved by the county.

4.

All landscape plans shall be signed and sealed by a Florida Registered Landscape Architect.

5.

Tree protection and removal will comply with the Trees Code, Chapter 54, Article XVIII, of the County Code.

6.

Plant species that are best suited to the local area shall be selected. Native, naturalized or drought tolerant plants shall be used wherever possible unless otherwise prohibited.

7.

The design of the course and related facilities shall maximize the preservation of clusters or significant stands of native trees with consideration given to the playability of the golf course.

c.

Habitat.

1.

Golf courses shall be located, designed, and operated so that:

i.

Critical habitat is conserved and the development does not adversely impact viable on-site occupied wildlife habitat for federal or state protected species, species of special concern, threatened, or endangered species unless authorized by the U.S. Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission; and

ii.

As much natural vegetation as feasible is retained and vegetation is enhanced through supplemental planting of native trees, shrubs and herbaceous vegetation, such as along fairways and out of play, to provide wildlife habitat and along watercourses supporting fish and other water dependent species.

iii.

Perimeter fences or walls are not required or encouraged. If perimeter fences or walls are proposed, they shall be designed to:

a)

Permit wide-ranging small and large animals to traverse the site; and

b)

Provide a minimum of one-foot clearance between the ground and the lowest portion of a fence or wall, except where determined to be necessary to exclude feral animals.

c)

Alternatives to b), above, that meet the intent of providing native wildlife the ability to traverse the site will be considered, but any alternative fence or wall is subject to the approval of the Administrator or designee.

2.

On proposed golf course sites where regional wildlife corridors have been identified, the golf course shall be configured to provide for the maintenance or enhancement of native habitat to facilitate the continued use of the wildlife corridor. Existing and proposed crossings of the wildlife corridor for linear facilities associated with the golf course should be minimized. Unavoidable crossings must accommodate wildlife movement.

3.

Retention of dead trees and snags is encouraged.

4.

Habitat for wildlife species that help control pests (e.g., bats, bluebirds, purple martins, etc.) shall be conserved and enhanced. Additional habitat for these beneficial species should be created whenever feasible and environmentally desirable, including supplying nest boxes.

5.

Native habitat shall be managed to maintain healthy populations of wildlife and aquatic species.

d.

Waterbodies/Watercourses/Flow-Ways.

1.

Natural waterbodies, watercourses, and flow-ways shall be left in a natural, unaltered condition and shall not be channelized or excavated for new lakes or ponds.

2.

If a crossing of a natural water body, watercourse, or flow-way is necessary, the crossing shall be designed to minimize the removal of trees and other shading vegetation.

3.

Crossings of natural water bodies watercourses, and flow-ways shall be bridged or otherwise provide for undiminished water movement or flow.

4.

Crossings shall be designed in such a way as to minimize erosion and harmful effects to riparian and wetland habitats and recognized wildlife corridors.

5.

Created or restored water bodies, watercourses, and flow-ways may be crossed by bridges or culverts, or a combination thereof, if approved by Sarasota County and the Southwest Florida Water Management District.

e.

Buffers.

1.

A 30-foot native vegetation buffer for wetlands and natural water bodies shall be provided from areas of managed turf within golf courses as measured from the edge of any managed turf to the wetland jurisdictional line, as determined by Chapter 62-340, FAC, or the top of bank of water bodies. Where justified by site physical conditions, a properly designed structural buffer may be utilized in lieu of the setback buffer from wetlands. A structural buffer may consist of a fence or native vegetation, which does not require irrigation or fertilization and planted at county-approved densities.

2.

A 20-foot limited spray zone shall be established from the top of bank around all water management lakes. Chemicals may be applied in this 20-foot zone by spot treatment only on an as needed basis to reduce chemical and fertilizer run-off.

3.

The wetlands, mesic hammock, and associated upland vegetative buffers shall be maintained as preserves and labeled as preserve areas on all plans. All activities including but not limited to filling, excavating, removing and altering of vegetation (including trimming of both trees and understory) and storing of materials shall be prohibited within the preservation areas, unless written approval is first obtained from the County. Proposed wetland and mesic hammock impacts are subject to review by the County during the Subdivision or Site Development Plan review.

4.

Any maintenance facility, irrigation pump or outdoor storage area, shall provide visual screening around such facility that provides 0.7 (or 70%) opacity. Types of visual screening shall be consistent with the UDC.

5.

Perimeter buffers shall be consistent with the UDC.

(4)

Water Resources.

a.

Water Quality. The golf course shall use the following Surface Water Protection, Ground Water Protection, Maintenance Facilities and Integrated Pest Management Design and Performance Standards.

1.

Surface Water Protection.

i.

Stormwater:

a)

Stormwater run-off shall be treated/pretreated in accordance with County and State standards and permitted by the Southwest Florida Water Management District (SWFWMD) prior to discharge to any wetland system.

b)

The golf course shall employ BMPs to control non-point source (stormwater) pollution.

c)

Berms, terraces, vegetative buffer strips, grassed drainage swales, or other recommended technologies shall be used in parking areas for drainage controls to minimize pollution to nearby riparian areas and surface waters.

d)

All greens shall utilize underdrains.

e)

The golf course shall have a training and education program for employees in the proper BMPs to prevent runoff pollution and protect surface water quality.

ii.

Irrigation Design Standards. The golf course irrigation system shall be designed utilizing current best irrigation technologies to minimize overspray to surface waters.

iii.

Nutrient Management Plan. The golf course shall design and implement a Nutrient Management Plan to limit effluent, raw water, and fertilizer nutrient applications to levels equal to or less than turf grass and vegetation nutrient uptake in order to minimize nutrient transportation via runoff, inflow, or deep percolation, based on BMPs that include but are not limited to:

a)

Maintenance of healthy turf grass using appropriate irrigation, pest, and compaction strategies.

b)

Monitoring and maintenance of thatch level.

c)

Periodic soil aerification.

d)

Sampling to analyze soils to determine phosphorus content and to set fertilizer application rates to correspond to nutrient uptake.

e)

Utilization of soil and plant tissue tests to establish proper application rates.

f)

Nitrogen budgets for all sources of nitrogen and phosphorus.

g)

Reduction of total fertilizer usage.

h)

Utilization of appropriate application technology including multiple low rate applications, granular formulations, proper equipment calibration and maintenance, proper disposal of unused fertilizer, and no application to bare soil or impervious surfaces or surface waters, except at the time of grassing the course.

i)

Utilization of buffer zones and setbacks from surface water and environmentally sensitive features.

j)

Control of timing of fertilizer applications in relation to precipitation events and irrigation schedules.

k)

Detailed records that identify all fertilizers used, application rates, application times, application methods, and application locations.

iv.

A Water Quality Monitoring Plan shall be prepared to ensure the on-going protection of ground and surface water quality. The Monitoring Plan can be modified based on site-specific conditions. A Monitoring Plan developed in partnership with the Audubon International Signature Program for new golf courses can be utilized in lieu of the requirements of this section. The Monitoring Plan shall include the following:

a)

A predevelopment background (baseline) study with samples taken at the following locations:

1)

Upstream and downstream of the golf course development on adjacent major rivers, streams, creeks, if present.

2)

Flowing tributaries, wetlands, and water features draining golf course development, if present.

3)

Any additional site-specific locations selected prior to development.

v.

Sample frequency:

a)

One set of dry season surface water quality samples and one set of wet weather discharge surface water quality samples will be collected prior to commencement of construction.

b)

Post-construction surface water quality sampling will begin with the installation and maintenance of golf course turf and landscaping. Samples will be collected a minimum of three times per year with one sampling event scheduled during July (the beginning of the wet season), a second sampling event scheduled during October (the end of the wet season), and a third sampling event scheduled during February through May (dry season). Should there not be a discharge on the scheduled sample date, samples shall be taken during the next discharge event.

c)

Post-construction surface water quality sampling will continue through three years of operation and can be discontinued at the end of that time period provided that all required water quality monitoring has been completed and the development continues to implement all current Management Plans.

vi.

Sampling parameters will be determined based on golf course operation and basin specific parameters of concern (identified by the Total Maximum Daily Load (TMDL) Program).

vii.

Corrective actions:

a)

Resampling. Should a spike occur for any water quality parameter, the site shall be resampled for that parameter within ten days or, if no discharge, during the next discharge event.

b)

In the event that water quality monitoring indicates a chronic deviation above applicable State Water Quality Standards or background, the development shall take whatever corrective actions are necessary to achieve compliance within a reasonable period of time.

c)

Golf courses that do not continue strict adherence to all current Management plans and do not implement corrective actions to achieve compliance when a water quality problem is identified will be subject to the loss of its stormwater credit(s).

viii.

Post-construction Monitoring Reports of surface water quality shall be submitted to Sarasota County for review. The reports shall include the following:

a)

Surface water quality monitoring at primary outfall structure in each drainage basin.

b)

Date, time, location of all sampling events, sample methodology and protocols and the results of all sampling.

2.

Ground Water Protection.

i.

A Wellhead Protection Plan that includes BMPs that meet state and local minimum required setback requirements for potential sources of contamination shall be prepared to provide for ground water protection. The Plan will include the following:

a)

Location of all wells and delineation of one-quarter mile around each well within the golf course.

b)

Identification of the aquifer that all wells are drawing from, depth of wells, and depth of casings.

c)

Inventory of potential sources of contamination within the delineated area.

d)

Location of all abandoned wells within the golf course. Abandoned wells shall be plugged in accordance with Chapter 54, Article XIII of the County Code.

e)

Location of all wells and potential sources of contamination within one-quarter mile of the golf course.

f)

An emergency contingency procedure to address the response, containment, and remediation of any hazardous materials spilled.

ii.

All wellhead protection requirements of Sarasota County, SWFWMD, and the Sarasota County Department of Health shall be strictly adhered to.

iii.

If a golf course is proposed or requested in any wellfield protection zone, the portion of the golf course in these zones shall be located, designed, and operated to comply with the Wellfield Protection Ordinance.

iv.

Design, construction, operation, and maintenance of the golf course shall not adversely impact public supply wells.

v.

Design, construction, operation, and maintenance of the golf course shall not adversely impact public individual residential wells.

3.

Temporary and Permanent Maintenance Facilities.

i.

The golf course shall comply with criteria outlined in the most current edition of the Florida Department of Environmental Protection (DEP) Best Management Practices for Golf Course Maintenance Departments.

ii.

Nothing in the FDEP Best Management Practices for Golf Course Maintenance Facilities shall preempt other Sarasota County ordinances or provisions of the County Code that impose stricter standards.

iii.

Temporary and permanent maintenance facilities shall be operational prior to grassing the course.

iv.

Equipment utilized in the maintenance of golf courses and associated developments shall be designed, used, maintained and stored in such a way to eliminate or minimize potential for pollution.

v.

Equipment wash facility:

a)

The equipment wash facility shall be located in a roofed structure to prevent exposure to stormwater.

b)

Wash water generated from cleaning equipment other than pesticide application equipment shall be discharged to:

1)

A wash water recycling system,

2)

A treatment system that has been permitted under FDEP Industrial wastewater rules, or

3)

A domestic sewer system through an oil/grease and water separator (with written permission from the utility).

c)

Wash water generated from activities described in b). above shall not be discharged to any pervious surfaces, surface waters, ground water, or wetlands in accordance with Chapter 54, Article VII of the County Code.

vi.

Chemical mixing, loading and storage facility:

a)

Pesticides shall be stored in a lockable, concrete, or metal building located a minimum of 50 feet from other structures to allow for firefighting access; however, it may be a part of or adjacent to the chemical mixing center (CMC).

b)

The pesticide storage area shall be separate from other buildings (except the CMC) or separated from areas used to store other materials, especially fertilizers.

c)

The floor shall be an impervious surface sealed with chemical-resistant paint.

d)

The floor shall have a continuous sill to retain spilled materials.

e)

There shall be no floor drains that drain directly to stormwater facilities.

f)

A CMC shall be used for the loading and mixing of all pesticides used on the golf course.

1)

It shall be in a roofed structure to prevent exposure to stormwater.

2)

The floor shall be a sealed, impervious surface.

3)

There shall be a containment structure to prevent spill run-off to the ground, surface waters, or stormwater system.

4)

No storm drains shall be installed at the CMC site.

5)

A written spill protocol plan shall be on-site at the facility.

6)

All employees shall receive proper training in the handling, mixing, loading of chemicals, and spill prevention.

vii.

Fertilizer storage and mixing facility:

a)

Fertilizer shall be stored separately in a concrete building with a metal or other flame resistant roof.

b)

Ammonium Nitrate fertilizer shall be stored securely and inventoried to prevent theft.

c)

Any spill shall be immediately cleaned up using dry collection methods such as sweeping or vacuuming and the material shall be applied to the golf course as fertilizer.

d)

No soaps or water shall be used to prevent runoff to storm drains or surface waters.

e)

No storm drains shall be installed at the mixing or loading site.

viii.

Fueling site and fuel storage area:

a)

The fuel dispensers shall be installed on a concrete surface large enough to prevent any spill from reaching the ground, stormwater system, or surface water.

b)

Fuel pumps shall have automatic shut-off mechanisms.

c)

Spills totaling 25 gallons or more in volume shall be immediately reported to the Department of Environmental Protection via the State Warning Point.

d)

Any fuel spill or leak shall be immediately contained; the area shall be cleaned using absorbent or other acceptable materials; the fuel-contaminated material shall be properly disposed.

e)

No soaps or water shall be used to clean any fuel spill or leak.

f)

No storm drains shall be installed at the fueling site or fuel storage area.

g)

Fuel storage tanks should be in compliance with FDEP storage tank regulations (Chapter 62-761 F.A.C.)

ix.

Waste petroleum storage:

a)

Used oil, and oil filters shall be collected and stored in separate marked containers and recycled.

b)

Used antifreeze shall be collected, stored in a separate marked container, and disposed as hazardous waste.

c)

Used batteries shall be stored under cover on an impervious surface and recycled.

x.

Organic debris:

a)

Grass clippings, tree limbs, and other vegetative debris shall not be allowed to accumulate at one location on the development.

b)

Grass clippings, tree limbs, and other vegetative debris shall be disposed of appropriately and shall not be placed into surface waters, water bodies, or stormwater facilities.

c)

Grass clippings, if collected, shall be composted or spread in a wooded area or rough.

d)

Tree limbs and other vegetative debris other than grass clippings shall be chipped and used for mulch or transported to a legal landfill for disposal.

4.

Integrated Pest Management. The golf course shall implement an Integrated Pest Management Plan (IPM) that is consistent with State requirements for the use of restricted use pesticides and that uses all suitable control measures to reduce pest related losses to an acceptable level with the goal of respecting genetic diversity and reducing risks to human health and the environment. A key concept of IPM is to manage turf to optimize its health, so it is more resistant to disease and damage. Golf course maintenance employees shall receive training and education in the implementation of the IPM. The IPM should be integrated with irrigation, nutrient, and chemical management plans and should include:

i.

Selection of turf should be consistent with the goals of integrated pest management.

ii.

Utilization of insect traps or other devices or methods to aid in identification of potential pests.

iii.

Development of action thresholds for pests below which no application is used to reduce the use of pesticides.

iv.

Utilization of biological controls instead of chemical controls.

v.

Pesticide selection using pest specific products that are less toxic, less mobile, and less persistent or using alternate control strategies to reduce hazards to beneficial organisms.

vi.

Minimization of applications to reduce hazards to beneficial organisms using information from label, chemical characteristics and site characteristics.

vii.

Utilization of spot treatments wherever possible, rather than broadcast treatments.

viii.

Control of timing of pesticide application in relation to local environmental conditions and irrigation schedules.

ix.

Development of course monitoring and mapping plan to track pest infestation.

x.

Assessment of potential off-site transport prior to application.

xi.

Detailed records that identify all pesticide types, application rates, application times, application methods and application locations.

b.

Water Conservation: The golf course shall use the following Irrigation Water Sources, Irrigation Systems Utilized, Turf and Landscape Design and Performance Standards and use Best Management Practices.

1.

Irrigation Water Resources.

i.

Prior to Rezoning or Special Exception approval of any new golf course, an Irrigation Water Resources strategic plan shall be prepared and submitted to the Administrator or designee for the course that addresses the following. It is recognized that a combination of sources may be required.

a)

Irrigation water needs and proposed sources.

b)

Use of reclaimed water or stormwater, if available, shall be the highest priority water source considered and evaluated.

c)

Surface water systems or groundwater systems only should be considered and evaluated when it is demonstrated that reclaimed water or stormwater is not available to meet irrigation needs.

d)

Confined aquifer systems will be the last source of water to be considered and evaluated.

ii.

The plan shall demonstrate no adverse impact to the natural environment, including surface water or groundwater systems, by use of proposed water sources.

iii.

The plan shall also demonstrate no adverse impact to existing legal water uses of proposed water sources.

iv.

The plan shall identify quantities of each water source needed on a regular basis and what water sources will be used on a stand-by basis only.

2.

Irrigation Systems.

i.

The use of groundwater, stormwater or surface water for irrigation shall comply with all pertinent SWFWMD and State Health Department rules and regulations.

ii.

The Developer or Owner shall identify the utility capable of providing reclaimed water to serve the golf course.

iii.

The utilization of new and innovative technologies that provide highly efficient water usage, as well as the application of proven technology to decrease overall water use shall be encouraged and to prevent irrigation runoff to surface waters. The golf course irrigation system shall be designed to provide controls such as soil moisture sensors or weather stations for proper water management and conservation and to minimize over-watering.

iv.

Golf course irrigation shall be supervised by a trained, full-time superintendent.

v.

Areas of irrigation shall be identified and prioritized in order to reduce routine irrigation and plan for periods of water shortages. All stand-by water sources shall be identified and potential water quantities needed identified.

vi.

Irrigation system coverage shall be accurately mapped to determine wetted area and irrigation rates. Irrigation shall be responsive to existing conditions, rather than on a set schedule. The irrigation system shall operate on an "as needed" basis through the utilization of weather forecasting and ongoing assessment of the moisture content of the soils. Drawings will include all irrigated areas, flow rates, actually spray patterns, etc. for all heads and zones.

vii.

An Irrigation System Maintenance Plan shall be submitted that includes programs to regularly inspect for leaks and to monitor usage.

viii.

Irrigation management education will be provided for irrigation technicians, so that they are fully trained in water conservation and irrigation principles outlined as part of the Water Conservation Plan.

3.

Turf and Landscape Design.

i.

Golf Courses must comply with all Florida Department of Environmental Protection and SWFWMD Water Conservation requirements and shall make water conservation a critical priority in course design. The requirements include not only the layout of turf areas but in turf grass selection as well as plant palette, water conserving appliances, fixtures and system in all course buildings and facilities.

ii.

Turf grass selection should have water conservation as a primary goal while considering factors such as local conditions, water quality, and soil characteristics. Recommendations for golf course turf grasses can be obtained from the UF/IFAS Cooperative Extension Service or through the U.S. Golf Association Green Section.

iii.

A Soils Management Plan shall be submitted with Construction Plans that includes:

a)

Demonstration of the efficient use of on-site soils relative to water use and conservation.

b)

The use of soil amendments to create more water efficient soils.

c)

Creation of applicable functional root zones for turf grass and landscape needs.

d)

A proper functional root zone will be required in landscape beds built on disturbed soils and with permanent irrigation system. Use of 12-inch root zone or documentation supporting the design root zone will be required.

e)

The general location of all excavation and stockpiles of fill or strippings.

4.

Best Management Practices. If the new golf course is part of a residential development, then Best Management Practices documents or pamphlets, available from the University of Florida (UF)/Institute of Food and Agricultural Sciences (IFAS), Florida Department of Environmental Protection (FDEP), Southwest Florida Water Management District (SWFWMD), etc., shall be distributed to new homeowners. For the education of homeowners, the documents should provide common sense applications that will decrease irrigation water needs, reduce the risk of pollution and, in many cases, improve the health and appearance of the yard. Information may include Xeriscaping information and the University of Florida/IFAS Florida Yards and Neighborhoods Handbook or similar publications.

5.

Water Conservation Monitoring. A summary of the monthly irrigation withdrawal and irrigation sources is required to be submitted to the county.

(d)

Operation and Maintenance.

(1)

Appropriate erosion control measures shall be established in conformance with the County grading requirements, state regulations, and BMPs prior to commencement of construction activities.

(2)

The possibility of contamination of groundwater during construction and operation shall be minimized.

(3)

The golf course shall use current BMPs to perpetually maintain all golf course areas as well as any on-site native vegetation areas associated with other private recreational facilities. Upland preserve areas shall be protected from encroachment during construction activities by erecting barricades, which are highly visible. Such barricades shall be a minimum of three feet in height and shall not be attached to vegetation. The developer or Owner shall be responsible for maintaining such barriers until construction activities have concluded.

(4)

Preservation trees as shown on approved Site Development plans that are removed, damaged or die as a result of grading or irrigation shall require replacement per the Trees Code, Chapter 54, Article XVIII, of the County Code.

(5)

The Operational Maintenance entity shall be required to maintain the appearance of and function of any private drainage facilities to be constructed on the site, including retention ponds and drainage ditches, at its own expense in accordance with applicable federal, state or local regulations. At the time of recording a plat or prior to final construction approval, the Developer or Owner shall be required to record in the public records a Notice to Purchaser, approved by Sarasota County, putting purchasers on notice that the maintenance of drainage facilities is a private responsibility.

(e)

Monitoring.

(1)

Construction Monitoring. Reports detailing construction activities, permitting, compliance with Audubon International Signature Standards or equivalent standards and percent of project completed shall be submitted annually.

(2)

Natural Resource monitoring reports shall be submitted annually as part of the annual Resource Management Plan monitoring report.

(3)

Water Quality monitoring reports shall be submitted within forty-five (45) days of each sampling event and become part of the annual Resource Management Plan monitoring report.

(4)

Post-construction Water Quality reports shall be submitted sixty (60) days following the Engineer's site certification.

(5)

Water Conservation monitoring reports shall be submitted as part of the annual Resource Management Plan monitoring report.

(f)

Golf Course Environmental Protection Purpose and Intent. The purpose and intent of this section is to ensure that the development, operation and maintenance of golf courses protects and conserves natural resources and the environment for present and future generations; is compatible and consistent with the overall economic objectives of the County; maximizes the positive benefits and minimizes the adverse impacts of golf courses; and ensures that these activities will be consistent with the Comprehensive Plan. It is recognized that golf courses provide County residents with important recreational opportunities and are a positive economic benefit to the community. It is also recognized that the natural environment of the County is a unique and valuable resource enjoyed by residents and visitors alike and that the unique economy of the County is dependent upon maintaining and ensuring a high degree of environmental quality. Therefore, golf course development should further the implementation of the goals, policies, and objectives of the Comprehensive Plan, meeting the social and economic needs of County residents and protecting the integrity of the natural environment and resources of the County.

(1)

Applicability.

a.

The provisions of this article shall apply only to those areas under the jurisdiction of this UDC.

b.

Where any provision of this article refers to another provision, ordinance, statute, regulation, or other authority, it refers to the most current version, incorporating any amendments thereto or redesignation thereof.

c.

The standards of this section apply to proposed new golf courses, as defined.

(2)

Submittal Requirements.

a.

Rezonings/Special Exceptions:

1.

All new golf courses shall be approved pursuant to the appropriate process in the UDC. See current application forms for additional requirements.

2.

All developments containing golf courses shall prepare and submit a Golf Course Concept Plan. The plan shall show:

i.

The general location of proposed uses and structures, including but not limited to: golf course routings, clubhouses, maintenance facilities, restrooms, water management lakes, and waterbody crossings.

ii.

The general area of any accessory buildings, structures and maintenance areas. Minimum setbacks for accessory buildings and structures shall be shown and used for the final placement of these buildings, structures or facilities.

iii.

The maximum height, in feet and number of stories, of any proposed buildings or structures.

iv.

The uses requested.

v.

The minimum width and composition of all proposed buffers along the perimeter of the subject property. Minimum building setbacks for buildings and structures, shall be shown and used for the final placement of buildings, structures or facilities, unless a greater setback is deemed necessary by the Board.

vi.

The general location of all points of pedestrian and vehicular ingress and egress from existing easements or rights-of-way into the development or golf course.

vii.

The general location of open space including the location of natural and manmade bodies of water, and areas of native vegetation to be retained or created.

viii.

A traffic impact statement in a format and to the degree of detail required by a form furnished by the County and in conformance with the adopted County administrative code. Upon written request, the Administrator may waive this requirement.

3.

Applications for development Rezonings and Special Exception that will include golf course uses also shall include an environmental assessment. The assessment shall include, at a minimum, an analysis of the environmental and natural resources of the property including preliminary wetland delineations; vegetation mapping utilizing the most current version of the Department of Transportation's Florida Land Use, Cover and Forms Classification System (FLUCCS), Level III minimum; the Comprehensive Plan Native Habitat designations; as well as a protected species survey performed in accordance with Florida Wildlife Conservation Commission's survey methodology guidelines. Cultural, archeological and historical resources shall be identified. All proposed preservation areas shall be identified. These requirements may be combined with, but do not replace, any other environmental submittal documents required by Environmental Regulations within Article 9 and 13 and Chapter 54 of the County Code.

4.

A Water Quality Monitoring Plan including a protocol for a baseline analysis of predevelopment surface waters and an Irrigation Water Resources Plan addressing irrigation needs and sources shall prepared, submitted and found acceptable by the County.

b.

Subdivision or Site Development Plan Approval. In addition to the submittal requirements for developments set forth elsewhere in this Code, applications shall include:

1.

A Drainage Master Plan. The Plan shall be submitted to the County for review 30 days prior to the initial Subdivision or Site Development Plan submittal.

2.

A water quality baseline analysis. This analysis is intended to establish baseline data for surface water quality monitoring for the project area. The analysis shall be designed to identify those nutrients and chemicals that are anticipated to be associated with the development. Prior to commencing the baseline analysis, the methodology shall be submitted for review, comment, and approval by the County.

3.

A Resource Management Plan, including the Water Resources and Natural Resources Components, the Soils Management Plan, and the Irrigation Systems Maintenance Plan.

4.

A separate landscape plan that meets the requirements of the UDC and all Rezoning or Special Exception stipulations. All landscape plans shall be signed and sealed by a Florida registered Landscape Architect.

(3)

General Provisions.

a.

All golf courses shall be:

1.

Consistent with the Comprehensive Plan.

2.

Consistent with the U.S. Golf Association "Environmental Principles for Golf Courses in the United States."

3.

Located, designed, permitted, constructed and operated in compliance with all applicable federal, state, regional and local laws, ordinances, rules and regulations.

4.

Located, designed, and operated to minimize their impacts on natural resources. Water resource issues shall be addressed throughout the planning, development, construction and life of the golf course.

5.

Located, designed, and operated in accordance with applicable, current Best Management Practices of the Florida Department of Environmental Protection, the University of Florida (UF)/Florida Institute of Food and Agricultural Sciences (IFAS), and the Southwest Florida Water Management District.

i.

Every proposed golf course presents a unique case since existing conditions vary and no two sites are exactly the same. There will be specific issues based on individual site location characteristics and local regulations. It is essential that these issues be identified and addressed in the initial stages of planning and design.

ii.

With the exception of driving ranges and limited flight ball facilities, a minimum of nine holes is required; additional holes shall be in nine-hole increments.

iii.

Modifications to Golf Course Concept Plans. Minor adjustments to an approved Golf Course Concept Plan may be made administratively at the discretion of the Administrator.

iv.

Open Space.

(4)

Certificate Program. New golf courses shall be designed, constructed, certified, and managed in accordance with the Audubon International Signature Program for new golf courses or a similarly recognized golf course environmental certification program. Golf courses not so certified shall provide adequate documentation that the golf course meets or exceeds equivalent standards of such programs, including compliance monitoring. All golf courses also shall comply with the design and performance standards in this section.

a.

The following are equivalent minimum standards for new golf courses not certified by Audubon International. Golf courses shall provide documentation that they will be designed, constructed and managed to meet or exceed these standards prior to development approval.

1.

Improve on-site natural habitats.

2.

Identify, protect, and restore natural features.

3.

Create wildlife corridors and wildlife habitat areas.

4.

Utilize native species in landscaping.

5.

Preserve native trees.

6.

Create and enhance natural areas.

7.

Remove exotic, nuisance and invasive plants.

8.

Increase bird and wildlife populations.

9.

Enhance wetland and lakefront edges with aquatic plantings.

10.

Create and preserve open spaces.

11.

Minimize chemical use.

12.

Minimize irrigation and irrigated areas.

13.

Use endophytically-enhanced turf varieties, and organic fertilizers.

14.

Minimize turf areas and provide natural "no-mow" areas.

15.

Protect wetland hydrology and functions.

b.

Should a golf course lose its certification from Audubon International or a similar program, or should the status of certification change from being in full compliance:

1.

Then the golf course shall provide written notice to the County within ten days of the loss or change in status of the certification;

2.

Within 60 days after providing notice to the County of the loss of certification or change in status the golf course shall also submit a written plan of action acceptable to the Administrator to achieve re-certification in the shortest possible time. The golf course shall then implement the approved plan.

3.

Failure to properly implement the plan shall be considered a violation of the golf course Development Approval Permit. The golf course shall submit a plan of action to correct the violation and comply with the plan. Failure to notify the County of lack of implementation or to submit a plan of action may result in penalties up to and including revocation of the golf course use if it is deemed by the Administrator that the violation(s) is a threat to the environment.

(5)

Compliance Date. The provisions of this Section shall apply to those Rezoning or Special Exception applications for new golf courses that are received after the effective date of the UDC.

(Ord. No. 2019-006, § 11, 4-23-2019)