The purpose of this chapter is to establish standards for required development improvements. These standards are applicable to all development activity within the incorporated area of the town.

(Ord. No. 2-91, § 7.00.01, 4-29-1991)

All improvements required by this chapter shall be designed, installed and paid for by the developer.

(Ord. No. 2-91, § 7.00.02, 4-29-1991)

The provisions of this chapter are intended to ensure functional and attractive development. Development design shall first take into account the protection of natural resources as prescribed in chapter 78. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

(Ord. No. 2-91, § 7.00.03, 4-29-1991)

(a)

Minimum lot area requirements for all developments. All developments shall have a total land area sufficient to meet all development design standards in the Land Development Code including, but not limited to, land required to provide setbacks from abutting rights-of-way, buffers, stormwater management, off street parking and circulation, protection of environmentally sensitive lands, and any other provisions which may require land area to be set aside.

(b)

Specific lot area requirements for residential developments. There is no minimum lot area for individual lots within a residential development that will be served by both a central water and central sewer system, provided that all of the following requirements are met:

(1)

The land area for the total project is sufficient to meet standards of the Land Development Code as stated in section 66-4(a).

(2)

Gross density of the area shall not exceed that specified in the future land use element of the town comprehensive plan.

(Ord. No. 2-91, § 7.00.04, 4-29-1991)

(a)

Minimum setback on side and rear yards. There are no minimum setbacks required for side and rear yards, those sides of a building which do not abut a right-of-way, provided that one of the following requirements shall be met:

(1)

If the distance from the exterior wall to the property line is less than five feet, the applicant must show evidence of a maintenance easement granted by adjacent property owners.

(2)

The structure may be built on the property line provided the owner shall grant an attachment easement to the adjacent property owners.

(b)

Minimum setbacks between buildings.

(1)

The minimum distance between adjacent buildings shall be ten feet, except that no setback between buildings is required where an attachment easement has been created.

(2)

Distance shall be measured at the narrowest space between structures, whether a main living unit, principal structure, an allowable attachment, or an accessory use, and shall not include roof overhang (eave).

(c)

Minimum setbacks for buildings exceeding 25 feet in height. When a building exceeds 25 feet in height, the minimum distance from an adjacent building or property line shall be increased by two feet for each story above two.

(Ord. No. 2-91, § 7.00.05, 4-29-1991)

This article establishes minimum requirements applicable to the development of the transportation system, including public and private streets, bikeways, pedestrian ways and access control to and from public streets. The standards in this article are intended to minimize the traffic impacts of development, to assure that all development adequately and safely provide for the storage and movement of vehicles consistent with good engineering and development design practices.

(Ord. No. 2-91, § 7.01.01, 4-29-1991)

(a)

Streets in the town are classified and mapped according to function served in order to allow for regulation of access, road and right-of-way widths, circulation patterns and design speed.

(b)

Private streets and streets that are to be dedicated to the town are classified in a street hierarchy system with design tailored to function. The street hierarchy system shall be defined by road function and design speed.

(c)

When a street continues an existing street that previously terminated outside the subdivision, or is a street that will be continued beyond the subdivision or development at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision or development.

(d)

The following street hierarchy is established: local, collector, and arterial. All development proposals containing new streets or taking access from existing streets shall conform to the standards and criteria contained in this section.

(Ord. No. 2-91, § 7.01.02(A), 4-29-1991)

Local streets are primarily suited to providing direct access to residential development, but may give access to limited nonresidential uses. All local streets should be designed to minimize unnecessary and/or speeding traffic. Alleys, which provide a secondary means of access to lots, are normally on the same level in the hierarchy as a residential street. Each local street shall be classified and designed for its entire length to meet the minimum standards. Local streets shall be designed to have a minimum posted speed of not less than 15 miles per hour.

(Ord. No. 2-91, § 7.01.02(B), 4-29-1991)

Collector roads provide access to nonresidential uses and connect lower order streets to arterial streets. Design speeds and average daily traffic volumes will be higher than for lower order streets. Collector roads shall be designed to have a minimum posted speed of not less than 30 miles per hour. Design speed may increase depending on conditions and expected traffic volume.

(Ord. No. 2-91, § 7.01.02(C), 4-29-1991)

(a)

Generally. Arterial roads provide links between communities or to limited-access expressways, limit direct access from abutting properties except for regionally significant uses, and shall be designed for posted speeds up to 55 miles per hour.

(b)

Minor arterial. These roads link community districts to regional or state highways. They may also give direct access to regionally significant land uses. These roads may take access from other arterials or freeways and may give access to any lower order non-residential street type. Minor arterials shall be designed for posted speeds of 45 miles per hour.

(c)

Principal arterials. These are major regional highways providing links between communities. These roads may take access from other arterials or freeways and may give access to any lower order nonresidential street type. These roads shall be designed for posted speeds of 55 miles per hour.

(Ord. No. 2-91, § 7.01.02(D), 4-29-1991)

_____

The following table specifies the road surface widths and minimum curb radii for local streets.

Local Street Standards

(Ord. No. 2-91, § 7.01.02(E), 4-29-1991)

_____

(a)

Dedication of streets. All streets in a new development shall be designed and constructed pursuant to the standards adopted by the town. Streets may be dedicated to the town upon completion, inspection, and acceptance by the town.

(b)

Considerations. The street system of the proposed development shall be a network with variations as needed for topographic and environmental design considerations. Particular effort should be directed toward securing the flattest possible grade near intersections.

(c)

Reduction of traffic congestion. In order to reduce traffic congestion on the arterial and collector roads surrounding the development and to promote a pedestrian environment within the development, streets shall be laid out to:

(1)

Avoid environmentally sensitive areas;

(2)

Secure the view to prominent natural vistas;

(3)

Minimize the area devoted to motor vehicle traffic;

(4)

Promote pedestrian movement so that it is generally more convenient and pleasant to walk short distances than to drive; and

(5)

Promote the creation of vista terminations.

(d)

Coordinating with surrounding area. The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area.

(e)

Consideration of traffic flow and future development. Streets in proposed subdivisions shall be connected to rights-of-way in adjacent areas to allow for proper inter-neighborhood traffic flow. If adjacent lands are unplatted, stub outs in the new development shall be provided for future connection of the adjacent unplatted land.

(f)

Angle of intersections. Streets shall intersect as nearly as possible at right angles and in no case shall the angle of intersection be less than 75 degrees.

(g)

New intersections. New intersections along one side on an existing street shall, where possible, coincide with existing intersections. Where an offset (jog) is necessary at an intersection, the distance between centerlines of the intersecting streets shall be no less than 150 feet.

(h)

Distance pertaining to intersecting streets. No two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be no less than 1,000 feet.

(i)

Private streets. Private streets may be allowed within developments that will remain under common ownership, provided that they are designed and constructed pursuant to the town's minimum standards.

(j)

Cul-de-sac terminus. The terminus of every cul-de-sac shall have an unobstructed ten-foot wide moving lane with a minimum outside turning radius of 24 feet.

(Ord. No. 2-91, § 7.01.03(A), 4-29-1991)

(a)

Residential access and subcollector stub streets may be permitted only within subsection of a phased development for which the proposed street in its entirety has received final site plan approval.

(b)

Residential collector and higher order stub streets may be permitted or required by the town provided that the future extension of the street is deemed desirable by the town or conforms to the traffic circulation element of the town comprehensive plan.

(c)

Temporary turnarounds shall be provided for all stub streets providing access to five or more lots or housing units. Where four or fewer units or lots are being served, a sign indicating a dead-end street shall be posted.

(Ord. No. 2-91, § 7.01.03(B), 4-29-1991)

In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear visibility formed by two intersecting streets or the intersection of a driveway and a street. The following standards shall be met:

(1)

Nothing shall be erected, placed, parked, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet and ten feet above the grade, measured at the centerline of the intersection.

Example of Clear Visibility Triangle

(2)

The clear visibility triangle shall be formed by connecting a point on each street centerline, to be located at the distance from the intersection of the street centerlines indicated below, and a third line connecting the two points. See example in subsection (1) of this section. The distances from the intersection of the street centerlines for the various road classifications shall be as follows:

(Ord. No. 2-91, § 7.01.03(C), 4-29-1991)

(a)

Where a tract of land is bounded by streets, excluding alleys, forming a block, said block shall have sufficient width to provide for two tiers of lots of appropriate depths.

(b)

The lengths, widths and shapes of blocks shall be consistent with adjacent areas. In no case shall block lengths in residential areas exceed 2,000 feet nor be less than 350 feet, unless topographic considerations make conformance with this standard impracticable.

(Ord. No. 2-91, § 7.01.03(D), 4-29-1991)

(a)

Purpose. The purpose of sections 66-51—66-57 is to assure a safe and efficient traffic circulation system in the town by establishing a right-of-way widths for future transportation facilities and by prohibiting encroachment of structures into existing rights-of-way.

(b)

Permit required. Except as provided in section 66-56, no person shall construct or maintain any structure or facility including utilities, or make any other use of a public road or future road right-of-way unless and until a permit has been issued by the town approving and authorizing such construction, maintenance or use. All applications for the use of public right-of-way must describe the space to be used and the length of time of such use. Permits may be granted for a period of time not exceeding six months, if the encroachment does not unreasonably restrict the public use of the right-of-way and the encroachment is necessary to accomplish the objective for which it is requested in a reasonable manner.

(Ord. No. 2-91, § 7.01.04(A), (B), 4-29-1991)

(a)

No person shall willfully obstruct any portion of the right-of-way for a new roadway identified in future updates to the future traffic circulation map established in the traffic circulation element of the town comprehensive plan, if any. Further, no person shall construct any structure or facility including utilities, or make any other use of the right-of-way for a new roadway identified in the future traffic circulation map unless and until a permit has been issued by the town authorizing and approving such construction, maintenance or use as described in subsection 66-51(b).

(b)

The following minimum right-of-way depths for new roadways are established:

Right-of-Way by Facility Type and Area Type

(Ord. No. 2-91, § 7.01.04(C), 4-29-1991)

Any person who obstructs a public road or future road right-of-way shall be presumed to have done so willfully if the obstruction is allowed to remain on the right-of-way for a period of 24 hours after said person has been notified to remove the obstruction by the town or its authorized representative.

(Ord. No. 2-91, § 7.01.04(D), 4-29-1991)

(a)

Authority. The town may regulate parking on rights-of-way, and such regulations may include the time and place of parking. No person shall park on any portion of the right-of-way of any public road in town after it has prohibited the parking thereon in the manner provided in this section.

(b)

Public roads with speed limits of 35 miles per hour or less. The parking of vehicles on that portion of the right-of-way of public roads not used as a traffic lane and on which the speed limit is 35 miles per hour or less shall be authorized and permitted unless the town, after considering factors such as the condition and width of the right-of-way, volume of traffic, safety of traveling and parking vehicles and frequency of parking, determines that parking should be prohibited on the right-of-way of a public road and causes signs to be erected on the portion of the right-of-way where parking is prohibited stating no parking between signs or no parking.

(c)

Public roads with speed limits of over 35 miles per hour. The parking of vehicles on any portion of the right-of-way of public roads on which the speed limit is in excess of 35 miles per hour shall be prohibited unless the town, after considering such factors such as the condition and width of the right-of-way, volume of traffic, safety of traveling and parking vehicles and frequency of parking, determines that parking may be permitted and causes signs to be erected in said portion of the right-of-way where parking is permitted stating parking permitted between signs or parking permitted.

(Ord. No. 2-91, § 7.01.04(E), 4-29-1991)

It shall be unlawful for any person or persons to operate or cause to be operated any roadside stand within or on any portion of the right-of-way of any public road.

(Ord. No. 2-91, § 7.01.04(F), 4-29-1991)

The following shall be exemptions from the requirements of subsection 66-51(b):

(1)

Improvement of a public road by a property owner of such public road adjacent to his property with landscaping, shrubbery or grass which is not inconsistent with the use of the public road for road purposes;

(2)

The parking of motor vehicles on that portion of the public road not used as traffic lanes if not otherwise prohibited;

(3)

Use of the public road for road and traffic purposes other than such purposes involving vehicles of such weight or of such characteristics for example, metal tires or treads, as may in the opinion of the town engineer, damage the road surface;

(4)

The replacement of existing utility facilities, such as telephone poles.

(Ord. No. 2-91, § 7.01.04(G), 4-29-1991)

Any structure or facility, including utilities constructed or maintained on public roads in violation of this article shall be removed from such right-of-way and such right-of-way shall be restored to the condition which existed immediately prior to the construction or maintenance of such structure or facility at the expense of the person constructing, maintaining or owning such structure or facility. If such structure or facility has not been removed and the right-of-way restored as required by this section within ten days of demand by the town to do so, then such structure or facility may be moved by the town at the expense of the person constructing, maintaining or owning such structure or facility. If such person does not pay to the town the cost of removing such structures or facilities and restoring the right-of-way as required by this section within ten days of demand, said cost shall be and constitute a lien against all property owned by such person in the town to be foreclosed in the manner provided by law.

(Ord. No. 2-91, § 7.01.04(H), 4-29-1991)

(a)

Arterial roads. No building or structure shall be erected within the following setbacks from arterial roadways. The setback shall be measured from the centerline of the arterial right-of-way as established by the town engineer. The centerline setbacks apply to both sides of the roadway:

Centerline Setback Requirements

(b)

Collector and local roads. No building or structure shall be erected within the following setbacks from collector and local roadways. The setback shall be measured from the centerline of the collector or local right-of-way as established by the town engineer. The centerline setbacks apply to both sides of the roadway:

Centerline Setback Requirements

(Ord. No. 2-91, § 7.01.05, 4-29-1991)

All proposed development shall meet the following standards for vehicular access and circulation:

(1)

General standards.

a.

Access points must be able to accommodate all vehicle entrances having occasion to enter the site, including delivery vehicles.

b.

Access point design must be such that an entering standard passenger vehicle will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle will be able to use only the first through traffic lane available without encroaching into the adjacent through lane.

c.

There must be sufficient on-site storage to accommodate queued vehicles waiting to park or exit without using any portion of the street right-of-way or in any other way interfering with street traffic.

(2)

Number of access points.

a.

Maximum of one access point shall be permitted to a particular site from each of one or two abutting streets.

b.

When it is in the interest of good traffic circulation, the town engineer, in concurrence with the town, may permit one additional access point along a continuous site with frontage in excess of 300 feet, or two additional access points along a continuous site with frontage in excess of 600 feet.

c.

For the purposes of this section, dual one-way access drives will be considered to be one access point.

(3)

Separation of access points.

a.

The separation between access points on state maintained roads shall be in accordance with Florida Department of Transportation (FDOT) rules, F.A.C. chs. 14-96 and 14-97.

b.

On roads that are not maintained by the state, the separation between access points onto arterial and collector roadways, or between an access point and an intersection of an arterial or collector with another road, shall be as shown in the following table:

c.

The distance between access points shall be measured from the centerline of the proposed driveway or roadway to the centerline of the nearest adjacent roadway or driveway.

d.

The town engineer may permit a single access point for a property that cannot be permitted access consistent with the above standards and which has no reasonable alternative access, as determined by the town engineer, and in concurrence with the town.

(Ord. No. 2-91, § 7.01.06, 4-29-1991)

(a)

Access to nonresidential uses shall not be through an area designed, approved, or developed for residential use.

(b)

All lots in a proposed residential subdivision shall have frontage on and access from an existing street meeting the requirements of the Land Development Code except that agricultural designated lands of one unit per 20 acres or lower density may take access from a private graded road.

(c)

Access to all lots in a proposed residential subdivision shall be by way of a residential access or residential subcollector street.

(Ord. No. 2-91, § 7.01.07, 4-29-1991)

The regulation and control of private driveway and roadway connections to rights-of-way owned or maintained by the town is necessary to provide for the efficient and safe operation of such roads or highways as may now or hereafter be constructed on such right-of-way, to develop the full potential of the town's investment in roads and rights-of-way, and for the protection of the recognized access right of owners of property fronting on town owned or maintained right-of-way. The purpose of the regulations set forth in this section is to regulate and control the location, construction, design, operation and method of financing of access driveways and roadways and thereby correlate the rights of the road user and the abutting owner and satisfy the needs of each to the fullest extent possible.

(Ord. No. 2-91, § 7.01.08(A), 4-29-1991)

All driveways connecting to any town owned or town maintained right-of-way will be constructed by or under the supervision of the town or its designee. Where constructed or altered by others, proper permits must be obtained from the town. No one shall enter upon any town owned or town maintained right-of-way to construct a driveway or roadway, alter an existing driveway or existing roadway or connect any driveway or roadway except in accordance with section 58-41.

(Ord. No. 2-91, § 7.01.08(B), 4-29-1991)

(a)

Turnouts, driveways, etc. On road construction projects of the town, driveways or roadways shall be provided as replacements for turnouts, driveways or roadways existing at the beginning of construction, if desired by the owner.

(b)

Responsibility for construction or alteration. Where driveways or roadways are constructed or altered on any section of town owned or town maintained right-of-way, the entire cost of the construction shall be the expense of the property owner; provided that the town may provide, at its expense, the labor necessary to construct one driveway not to exceed 25 feet in width to serve residential property designed to accommodate less than four families when such driveway is required in order to provide access from said residential property to a town owned or town maintained right-of-way.

(c)

Approval of construction. Unless otherwise specifically provided on a permit issued by the town, all construction on town owned or town maintained right-of-way shall be performed by a contractor previously approved by the town.

(d)

Permit procedures. Permits for the construction or alteration of driveways or roadways on town owned or town maintained rights-of-way will be issued in conformity with the procedures set forth in section 58-41.

(Ord. No. 2-91, § 7.01.08(C)—(F), 4-29-1991)

(a)

Residential developments adjacent to or within 1,000 feet of an activity center comprised of commercial, office, service, school or recreation activities shall provide pedestrian and bicycle access from the development to the activity center. The distance shall be measured from the property line of the residential development to the property line of the activity center.

(b)

Pedestrianways or crosswalks, not less than ten feet wide, may be required by the town to be placed across the roadway in the center of blocks more than 800 feet long where deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(Ord. No. 2-91, § 7.01.09, 4-29-1991)

(a)

Facilities providing drive-up or drive-through service shall not be allowed in residential land use districts.

(b)

All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in accordance with the following standards.

(Ord. No. 2-91, § 7.01.10(A), 4-29-1991)

(a)

The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to the driveway access to streets and intersections.

(b)

The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts between vehicular traffic and pedestrian areas such as sidewalks, crosswalks or other pedestrian accessways.

(c)

A bypass lane shall be provided.

(d)

Stacking lane distance shall be measured from the service window to the property line bordering the furthest street provided access to the facility.

(e)

Minimum stacking lane distance shall be as follows:

(1)

Financial institutions shall have a minimum distance of 200 feet. Two or more stacking lanes may be provided, which together total 200 feet.

(2)

All other uses shall have a minimum distance of 120 feet.

(f)

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

(g)

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

(Ord. No. 2-91, § 7.01.10(B), 4-29-1991)

(a)

Connections with sewer required. The owner of each lot or parcel of land within the town, upon which lot or parcel of land any building, mobile home or trailer is now situated or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such building or mobile home or trailer to be connected with the public sewer facilities of the municipal sewer system of the town within three months following notification so to do by the clerk of the town. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the town council, which rules and regulations shall provide for a charge for making any the connections in such reasonable amount as the council may fix and determine.

(b)

Exceptions to connections. No person shall cross the private property of another to make any such sewer and/or water connection.

(c)

Connections may be made by the town. If any such owner of any lot or parcel of land within the town shall fail and refuse to connect with and use the facilities of the water or sewer system of the town after notification by the town clerk, then the town shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connection. The town shall thereupon be entitled to recover the cost of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the town shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and county and municipal taxes. Such lien may be foreclosed by the town in the same manner provided by the laws of the state for the foreclosure of mortgages upon real estate.

(Ord. No. 2-91, § 7.02.01(A)—(C), 4-29-1991)

(a)

Monthly. All users of the services of the sewer system shall pay a minimum monthly rate of $10.00 for use of up to 6,000 gallons of potable water, with a charge of $1.73 per 1,000 gallons thereafter. The town reserves the right to enter into contracts with large users of water and/or sewer services for the purpose of setting and determining a monthly charge or rate for the use of such services, which monthly rate or charge may be computed upon a different basis than set forth in this subsection.

_____

(b)

Connection fees. The following table provides the connection fee schedule for all new development within the town:

(Ord. No. 2-91, § 7.02.01(D), 4-29-1991)

_____

No person shall be allowed to connect into any water line or sewer line owned by the town without the written consent of the town, and then the connection with such line shall be made only under the direction and supervision of the town.

(Ord. No. 2-91, § 7.02.01(E), 4-29-1991)

No person shall build or remodel or cause to be built or remodeled any structure used for human habitation, use, or occupancy within the town unless it is provided with water-carried sewerage facilities.

(Ord. No. 2-91, § 7.01.02(F), 4-29-1991)

No septic tank other than those approved by the town council and the state department of health and rehabilitative services shall be constructed within the corporate limits of the town.

(Ord. No. 2-91, § 7.02.01(G), 4-29-1991)

(a)

Generally. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, unpolluted industrial process waters, air conditioning condensate, any discharge from any air conditioning or heating system including heat pumps, or swimming pools, into any sanitary sewer.

(b)

Discharge. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or natural outlets approved by the town. Industrial cooling water or unpolluted process waters shall be discharged to a storm sewer or natural outlet approved by the town for such purpose.

(Ord. No. 2-91, § 7.02.02(A), (B), 4-29-1991)

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1)

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(2)

Any waters or wastes containing toxic or poisonous solids, liquids, gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l as cyanide (CN) in the wastes as discharged to the public sewer.

(3)

Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(4)

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feather, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(5)

Any industrial waste or septic tank pump-out unless approved for discharge by the town.

(Ord. No. 2-91, § 7.02.02(C), 4-29-1991)

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the town that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming the opinion as to the acceptability of these wastes, the town will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(1)

Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit or 65 degrees Celsius.

(2)

Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit or 65 degrees Celsius.

(3)

Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the town.

(4)

Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(5)

Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the town for such materials.

(6)

Any waters or wastes containing phenols or other taste producing or odor producing substances, in such concentrations exceeding limits which may be established by the town as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(7)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the town in compliance with applicable state or federal regulations.

(8)

Any waters or wastes having a pH in excess of 9.5.

(9)

Materials which exert or cause:

a.

Unusual concentration of inert suspended solids such as, but not limited to, fullers earth, lime slurries and lime residues or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate.

b.

Excessive discoloration such as, but not limited to, due wastes and vegetable tanning solution.

c.

Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

d.

Unusual volume of flow or concentration of wastes constituting slugs as defined in this article.

e.

Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(Ord. No. 2-91, § 7.02.02 (D), 4-29-1991)

If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 66-98, and which in the judgment of the town may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the town may:

(1)

Reject the wastes;

(2)

Require pretreatment to an acceptable condition for discharge to the public sewers;

(3)

Require control over the quantities and rates of discharge;

(4)

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 66-104; and/or.

(5)

If the town permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the town, and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. No. 2-91, § 7.02.02(E), 4-29-1991)

Grease, oil and sand interceptors shall be provided when, in the opinion of the town, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall comply with the Standard Plumbing Code, shall be of a type and capacity approved by the town, and shall be located as to be readily available and easily accessible for cleaning and inspection.

(Ord. No. 2-91, § 7.02.02(F), 4-29-1991)

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(Ord. No. 2-91, § 7.02.02(G), 4-29-1991)

When required by the town, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the town. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(Ord. No. 2-91, § 7.02.02(H), 4-29-1991)

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in sections 66-82—66-87, shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD5 and suspended solid analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.

(Ord. No. 2-91, § 7.02.02(I), 4-29-1991)

Duly authorized employees or agents of the town bearing proper credentials and identification shall be permitted to enter all properties at reasonable times and in a reasonable manner for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of the Land Development Code.

(Ord. No. 2-91, § 7.02.02(J), 4-29-1991)

The purpose of this article is to protect the surface water, groundwater and other natural resources by ensuring that the stormwater runoff peak discharge rates, volumes and pollutant loadings are managed to minimize the adverse impacts of erosion, sedimentation, flooding and water pollution.

(Ord. No. 2-91, § 7.03.01, 4-29-1991)

In addition to meeting the requirements of the Land Development Code, the design and performance of all stormwater management systems shall comply with F.A.C. ch. 17-25. In all cases, the strictest of the applicable standards shall apply. The town will condition final development orders to restrict the commencement of development activity until all applicable stormwater permits from the state department of environmental regulation have been issued.

(Ord. No. 2-91, § 7.03.02, 4-29-1991)

The following development activities are exempt from the requirements of this article, except that steps to control erosion and sedimentation must be taken for all development:

(1)

Construction of a single-family dwelling unit on a lot or parcel of record, provided that the single family dwelling unit is not part of a larger common plan of development or sale.

(2)

Construction of one duplex, provided that the duplex is not part of a larger common plan of development or sale.

(3)

Construction of one triplex residential structure, provided that the triplex is not part of a larger common plan of development or sale.

(4)

Construction of one quadruplex residential structure, provided that the quadruplex is not part of a larger common plan of development or sale.

(5)

Construction of a storage building, shed, swimming pool or other accessory structure to subsections (1), (2), (3), or (4) of this section.

(6)

Any development within a subdivision if each of the following conditions have been met:

a.

Stormwater management provisions for the subdivision were previously approved and remain valid as part of a final plat or development plan; and

b.

The development is conducted in accordance with the stormwater management provisions submitted with the final plat or development plan.

(7)

Performance of maintenance work on existing mosquito control drainage canals for the purpose of public health and welfare.

(8)

Performance of maintenance work on existing drainage canals, utilities or transportation systems, provided such maintenance work does not alter the purpose, historical utilization and intent of the drainage system as constructed.

(9)

Maintenance to an existing structure.

(10)

Bona fide agricultural activity, including forestry, provided farming activities are conducted in accordance with Agriculture BMPs Field Office Technical Guide (1988) published by the Soil Conservation Service and forestry activities are conducted in accordance with the Silviculture Best Management Practices Manual (1979) published by the Florida Division of Forestry.

(Ord. No. 2-91, § 7.03.03, 4-29-1991)

The following local design criteria shall be used in the town:

(1)

Performance standards.

a.

Discharge. A storm event of 24-hour duration and 25-year return frequency shall be used in computing allowable off-site discharge. Off-site discharge shall be limited to predevelopment levels.

b.

Stormwater facilities. All developments shall provide stormwater facilities that provide retention, or detention with filtration, of the runoff from the first one inch of rainfall.

(2)

Design standards. The design standards set forth in F.A.C. 7-25.025, shall be used in the design and construction of stormwater management facilities.

a.

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

b.

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

c.

A 30-foot vegetated buffer shall be retained or created along the shores, banks or edges of all man-made or natural surface waters.

(Ord. No. 2-91, § 7.03.04, 4-29-1991)

(a)

Dedication. If a stormwater management system approved under the Land Development Code will function as an integral part of the town maintained system, as determined by the town engineer, the facilities shall be dedicated to the town.

(b)

Maintenance by an acceptable entity. If the stormwater management system is not dedicated to the town, the property owner shall submit:

(1)

A written statement describing the actions, including periodic inspections, to be taken to maintain the facility; and

(2)

Bond or other assurance of continued financial capacity to operate and maintain the facility.

(Ord. No. 2-91, § 7.03.05, 4-29-1991)