Loading...
HomeMy WebLinkAboutO-302-C ~ e CITY OF CLERMONT ORDINANCE No. 302-C AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 94, ARTICLE IV, DIVISION 2, CLEARING AND GRADING, SEC. 94-191 PURPOSE OF DIVISION, SEC. 94-192 VIOLATIONS; ENFORCEMENT, SECTION 94- 193 PERMIT REQUIRED FOR MODIFICATION OF GRADE, SECTION 94-194 APPLICATION FOR PERMIT, SECTION 94·195 PERMIT REVIEW CRITERIA, SECTIO 94-196 WORK UNDER APPROVED DEVELOPMENT PLAN; GRADING AND CONSTRUCTION STANDARDS, AND SECTION 94-197 EXEMPTIONS FROM PERMIT. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on September 5, 2000 and following such hearing found this Ordinance to be in the best interests of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont desires to amend Chapter 94, of the City of Clermont Code of Ordinances known as the Land Development Regulations; and WHEREAS, the City Council of the City of Clermont finds and determines that this Ordinance is consistent with and implements the City of Clermont Comprehensive Plan and that adoption thereof is in the best interest of the City of Clermont. NOW, THEREFORE, be it enacted by the City Council of the City of Clermont, Florida as follows: SECTION 1. The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. Page 1 . . CITY OF CLERMONT ORDINANCE No. 302-C SECTION 2. The City of Clermont Land Development Regulations are hereby amended to read as follows: Article V. DIVISION 2 CLEARING AND GRADING Sec. 94-191. Purpose of division. The requirements and regulations in this chapter are intended to provide for the reasonable use of hillsides and areas of varying topography while protecting the public health, safety and welfare by insuring that development will not destroy or severely alter the existing topography, induce soil erosion, result in excessive grading, create stormwater runoff problems, unduly disturb natural vegetation and wildlife, or lead to loss of aesthetic value. The requirements and policies outlined in this chapter apply to all sites within the Clermont city limits. Sec. 94-192. Violations; enforcement. (a) Restoration plan. All violations of this land development code involving the unauthorized removal of trees or vegetation shall require the landowner to file a restoration plan as outlined in section 118-111 et seq. (b) Referral to code enforcement board. Other violations of this land development code involving reversible conditions may be referred to the code enforcement board. (c) Stop work orders. A stop work order shall be issued for all sites found in violation upon which construction has been authorized or for unauthorized grading. No further city permits for the subject property or projects shall be issued, or attendant inspections completed, until such violations are corrected or a restoration plan has been accepted by the city. This shall include the certificate of occupancy for the attendant structure. Page 2 . . CITY OF CLERMONT ORDINANCE No. 302-C Sec. 94-193. Permit required for modification of grade. Grading shall only be permitted as part of site development and construction. No grading permits shall be issued without approved construction plans. Grading shall be an integral part of site development and construction of infrastructure. Site development shall commence immediately upon completion of grading. Sec. 94-194. Grading plans. Grading plans shall be included in construction plans and shall be submitted in accordance with Chapter 110, Subdivisions or Chapter 106, Site Development. Grading plans shall include the necessary documents and drawings to support the following: 1) A statement that estimates the quantities of work involved; 2) Such other information as reasonably may be required by the city engineer. 3) Demonstrate that the net result of grading shall not be a level site. 4) Identify sites for borrow or disposal of fill or cut material. 5) Provide cross sections that illustrate pre- and post-graded conditions, as determined by City Engineer. (6) Plans shall be drawn to scale upon substantial media (paper, cloth, etc.) and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this article and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the general vicinity of the proposed site, the location of the work, and the name and address of the owner and the person by whom they were prepared. The plans and specifications shall be signed and sealed by a professional engineer registered in the state. Page 3 . . CITY OF CLERMONT ORDINANCE No. 302-C (7) The plans shall show property limits and accurate one-foot elevations (contours) of the existing grade and details of terrain and area drainage. (8) The plans shall show limiting dimensions, elevations and finished elevations (contours) to be achieved by the grading or filling, and proposed drainage channels and related construction. (9) Detailed plans shall be submitted of all surface and subsurface drainage devices, walls, cribbing, dams and other pertinent devices to be constructed with or as a part of the proposed work, together with a map, diagram or plot showing the drainage area and the estimated runoff of the area served by the drains. (10) The plans shall show the location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading or filling operation. Specifications shall contain information covering construction and material requirements. (11) The plans shall show the location of surface waters on the property, including lakes, streams and ponds, and the final disposition of the water's outfall. (12) All elevations must be stated in terms of the National Geodetic Vertical Datum, and this fact indicated in a note on the plan sheet. (11) The plans shall show all existing trees six inches or over at four and one- half feet above the existing grade, and other vegetation depicted by canopy area or spread with average density, height and trunk dimensions. The trees and vegetation to be removed shall be clearly noted. Page 4 . . CITY OF CLERMONT ORDINANCE No. 302-C (b) When required by the city engineer, each application shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. Data provided in the report shall at a minimum meet criteria established in the publication Standard Excavation and Grading Code, of the Southern Building Code Congress International, Inc., (SBCCI). The plans and specifications shall be signed and sealed by a professional engineer registered in the state. (c) The applicant shall submit a reclamation plan for the site. Prior to commencement of work, the applicant must provide a reclamation bond in the amount of 110 percent of a certified reclamation estimate prepared by the design engineer and approved by the city engineer. Sec. 94·195. Clearing and grading review criteria. (a) Standards of review for permit applications under this division are as follows: (1) The extent to which the actual or intended use of the property requires changes in grade. (2) The effect that changes in the natural or existing grade will have on drainage and its impact on adjoining properties. (3) The extent to which the area would be subject to erosion, flood hazard, increased water runoff or other environmental degradation of receiving waters due to change of grade and removal of vegetation and trees. (4) The need for visual screening in transitional areas, or relief from glare, blight, dust control, commercial or industrial unsightliness or any other affront to the visual or aesthetic sense in the area. (5) The desirability of preserving any tree by reason of its size, age or some other outstanding quality such as uniqueness or rarity. (6) The effect that changes in the natural existing grade will have on the trees to be protected and preserved. Page 5 . . CITY OF CLERMONT ORDINANCE No. 302-C (7) The heightened desirability of preserving or enhancing vegetative communities, including ground cover and tree cover in densely developed or populated areas. (8) Grading shall respect the natural contour of the existing terrain. (9) Grades at property boundaries shall match existing grades of adjacent properties. (10) Terrain adaptive architecture shall be utilized in areas of varying topography where the above requirements limit the size of level, buildable areas. Terrain adaptive architecture is defined as structures that step with the landform to reduce the need for massive grading. (a) Grading of roadways shall conform to the following standards of review, in addition to those in Part 94-195a. 1) All roadway design shall follow the natural contours of the existing topography. 2) A preliminary design that includes grading and alignment of major collector and arterial shall be approved by Council prior to production of construction plans. 3) The maximum depth of cut or fill for construction of any roadway shall be 15 feet, as measured at the centerline of the roadway. 4) The maximum slope for the transitional grade from edge of right of way to natural grade shall be 3: 1. (b) Grading for subdivisions shall conform to the following standards of review, in addition to those in Part 94-195a. 1) Grading shall be limited to house and building pads, road right of ways, approved subdivision features and stormwater management systems. Excessive grading shall be prohibited. 2) Elevation changes in topography shall be limited to 10 feet. Page 6 . . CITY OF CLERMONT ORDINANCE No. 302-C 3) Graded slopes shall be rounded and shaped to blend with the naturally occurring slopes at a radius compatible with the existing natural terrain and shall follow the natural contours, unless terracing techniques shall be utilized. 4) Graded slopes shall be stabilized with sod, seed and mulch or landscaping. 5) Identify sites for borrow or disposal of fill or cut material. 6) Cross sections of the project which illustrate pre and post graded conditions may be required as determined by the City Engineer. (c) Grading for site development shall conform to the following standards of review, in addition to those in Part 94-195a. 1) Grading shall be limited to approved building pads, parking lots, access drives thereto and stormwater management systems. Excessive grading shall be prohibited. 2) The graded area for an individual use shall be limited to the building pad and its associated parking. 3) Commercial and industrial developments with multiple uses shall be constructed using terracing or other forms of multi-level construction. 4) Elevation changes in topography shall be limited to 15 feet. 5) Transitions between multi-level construction shall be accomplished using slopes of no greater than 5:1 or with retaining walls not to exceed 6 feet in height. 6) Terrace boundaries shall conform to the contours of the existing topography. 7) Terraces shall include a minimum 5-foot landscape buffer along the boundary. 8) Fences or guardrails shall be provided along the boundary of terraces to secure public safety and welfare. Page 7 . . CITY OF CLERMONT ORDINANCE No. 302-C Sec. 94-196. Work under approved development plan; grading and construction standards. The approval of final development plans, and subsequent issuance of a development permit thereafter, shall authorize all grading shown on the approved plans without issuance of a separate permit. However, all property grading shall be designed to provide positive drainage of the property to a public conveyance or designated stormwater detention or retention area. The finished first floor elevation of any building or structure shall be 18 inches above the lowest adjacent road centerline grade, unless specifically approved by the city engineer based on the existence of positive drainage away from the street frontage. All soil and tree preservation measures required by this land development code shall be applicable. The implementation of these measures shall be agreed upon during a preconstruction meeting, including necessary inspection. Sec. 94-197. Exemptions and exceptions from grading requirements. No person shall do any grading without first having obtained a development permit from the city except as follows: (1) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of the structure. (2) Excavations for wells or tunnels or utilities. (3) Grading for individual building lots in platted subdivisions. (4) Grading for the purpose of constructing stormwater retentionltreatment ponds. (5) Grading required to provide access to properties along US 27 and SR 50 in which severe elevations changes exist resulting from the US 27 and SR 50 construction will be reviewed on an individual and site specific basis by the City Council. Page 8 . . CITY OF CLERMONT ORDINANCE No. 302-C For purposes of this section, excavation shall mean to cut, scoop, dig or expose to view by digging away a covering, either by mechanical means or by hand. Sec. 94-198. Issuance of permit; validity; expiration; suspension or revocation. (a) Issuance generally. The application, plans and specifications filed by an applicant for a permit under this division shall be checked by the department of planning and zoning and city engineer. Such plans may be reviewed by other city departments to check compliance with the laws and ordinances under their jurisdiction. If the departments are satisfied that the work described in the application and the plans filed therewith conform to the requirements of this land development code and other pertinent laws and ordinances, and that all applicable fees have been paid, the director of planning shall issue a permit to the applicant. (b) Modification of approved plans. When a permit it formally issued, it will be endorsed in writing and stamped "Approved" on all sets of plans and specifications. Such approved plans and specifications shall not be changed, modified or altered without authorization from the department of planning and zoning and city engineer, and all work shall be done in accordance with the approved plans. (c) Disposition of copies of plans; copy to be kept on site. One set of approved plans, specifications, computations and reports shall be retained by the city for review and assurance of the completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant. The applicant's set shall be kept on the site at all times during the period when work authorized thereby is in progress. (d) Validity. (1) The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this land development code. No permit presuming to give authority to violate or cancel the provisions of this land development code shall be valid, except insofar as the work or use which it authorizes is lawful. Page 9 . . CITY OF CLERMONT ORDINANCE No. 302-C (2) The issuance of a permit based upon plans, specifications and reports shall not prevent the city from thereafter requiring the correction of errors in the plans and specifications. The city may require that grading operations and project design be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued. (e) Expiration. Every permit issued by the city under the provisions of this division shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one year from the date of such permit. The work authorized by such permit shall not be suspended or abandoned at any time after the work is commenced, but shall be carried through to completion. (f) Suspension or revocation. The city may, in writing, suspend or revoke a permit issued under provisions of this division whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this land development code. Sec. 94-199. Required soil conservation measures. The following soil conservation measures shall be taken on all clearing and grading sites: (1) During construction. Methods approved by the city shall be used to prevent erosion and the depositing of soils off of the site. This shall include the protection of bare soils from both water and wind (eolian) forces. (2) After construction. All disturbed areas shall be sodded or seeded and mulched, as required by the city's standard construction details. The removal or lack of maintenance of vegetation resulting in on-site or off-site erosion or windblown loss of soils shall be deemed a violation of this land development code. Sec. 94-200. Burying of material prohibited. The burying of rubbish, logs, lumber, building materials, underbrush, trash or other matter is hereby determined to be a change or modification of the grade of land for which no permit shall be issued. Page 10 . . CITY OF CLERMONT ORDINANCE No. 302-C SECTION III All other conditions shall remain in full force and effect. SECTION IV. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION V. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudication's shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION VI This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the 24th day of October 2000. Second Reading on the ih day of November 2000. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 7th DAY OF NOVEMBER 2000. ~::f .J9SÉPHË.~ CITY OF CLERMONT ~~ "'AA~RVILLE, JR. Mayor Page 11