§ 97.03. Swales.

(a)

For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Builder. A person or firm that has been properly licensed to build structures within the city. As used herein the term builder shall include, but not be limited to, owner-builder as defined in this section, septic tank and well drilling contractors.

Certificate of occupancy. A certificate issued by the city building official that signifies that a structure has been completed in accordance with the city building codes and allows the same to be occupied.

Contractor/specialty contractor. Defined as set forth in F.S. ch. 489.

Owner. Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any lot, parcel or tract or part thereof; or who shall have possession, care or control of any lot, parcel or tract or part thereof as owner, or as agent of the owner, or as a fiduciary, trustee, receiver, guardian, or mortgagee in possession, regardless of how such possession was obtained.

Owner-builder. Owners of property when acting as their own contractor when exempt for the licensing requirements of F.S. ch. 489 and chapter 150 of this Code.

Parcel. Any lot, parcel or tract of land within the city.

Plastic flowline liner. A one-quarter portion of a 12-inch diameter corrugated smooth bore plastic pipe installed in the swale flowline.

Restoration. The re-establishment of an area or drainage structure to its design condition.

Side lot drainage ditch. A swale in the 12-foot easement between two lots that has been designated in the paving and drainage plans as a side lot ditch.

Swale. The depressed earthen sodded area immediately adjacent to the travelway and used for stormwater drainage purposes, usually located between a street/road and the private property line.

(b)

Unlawful to obstruct swale. Except as otherwise provided herein, it shall be unlawful for any person to fill or obstruct or permit the filling or obstruction or to damage or destroy or permit damage or destruction of any swale, or impede or interfere or permit interference with the drainage system within the city.

(c)

Permitted activities. Owners, builders, contractors, specialty contractors and owner-builders may, in the course of construction or repairs of improvements to real property, cross, store supplies and materials and otherwise utilize the swale area adjacent to the property under improvement or repair, provided that such activities do not impede or interfere with the operation of the city's drainage system. Any such person or entity so utilizing the swale area, upon notification from the city manager, city engineer, city public works director or city building official, or their designee, shall immediately remove or repair any obstruction or damage to the swale and any failure to do so within 24 hours of such notification shall be deemed a violation of this section.

(d)

(1)

Required erosion control. In connection with any improvement to residential property, the owner, builder or contractor shall install a paved driveway properly connected to the existing street pavement, that driveway having a minimum width of 16 feet with a stormwater drainage culvert pipe of the size and composition as specified by the city engineer.

(2)

a.

As a further condition of the issue of any certificate of occupancy, on all residential lots with new structures, the following requirements apply:

1.

That portion of the swale area from the edge of the paved surface to the property line between the two side property lines extended shall be sodded.

2.

The entire front of the lot between the structure and the street right-of-way shall be sodded.

3.

The side yard between the property line and the structure on both sides to the rear wall of the structure shall be sodded.

4.

One row of sod shall be placed on the property line beginning at the rear of the structure and running to the rear property line.

5.

A ten-foot wide strip of sod shall be placed adjacent to any side lot ditch or drainage right-of-way.

6.

A triangular wedge measuring six feet from the side property line parallel to the street and running back 30 feet from the flow line of the swale shall be sodded to insure stabilization. This will be required on adjacent vacant lots if the vegetation has been disturbed on the vacant lot.

7.

If the adjacent property is developed, any disturbed areas shall be restored to original condition.

8.

Any private property transversed for access to a property under construction shall be stabilized by sod or seed and straw mulch. Sod shall be used for restoration of swales.

9.

Other areas that are not mentioned above which are disturbed and the vegetation is destroyed, shall be seeded and mulched with straw.

10.

No work will be permitted within drainage rights-of-way except by prior approval from the city engineer.

b.

The requirements of subsections (d)(2)a.1. through 6. of this section are graphically depicted in appendix A of this chapter.

(3)

During the course of construction or repairs involving the crossing or disturbance of a swale the builder shall be responsible for implementing siltation control and, at the conclusion of the project, restoration of any and all disturbed swale areas. Furthermore, on all new construction, a plastic flowline liner shall be installed in the swale as specified by the city engineer.

(e)

The building inspector shall withhold a certificate of occupancy for any construction that has an earthen swale area between it and the travelway or roadway that has not been sodded as provided for above at grade elevations as provided by the building department. The sod so provided must be of a satisfactory healthy grass sod which shall be properly installed to insure its healthy growth. In addition, the building inspector shall withhold approval of any inspection if, upon inspection of the property and adjacent or affected properties, it is determined that the swale or drainage system has been disturbed in a fashion to impede or interfere with the operation of the drainage system and may order the work stopped on the project until the swale has been restored in a fashion to permit the proper functioning of the stormwater drainage.

(Ord. 76-18, passed 6-8-76; Am. Ord. 76-25, passed 9-14-76; Am. Ord. 79-10, passed 3-5-79; Am. Ord. 93-29, passed 7-26-93; Am. Ord. 94-31, passed 8-8-94)

Cross reference

Penalty, see section 10.99.