(A) Drainage requirements for single family residential construction. All single-family residential development shall meet the following requirements:
(1) The finished floor elevation of the proposed dwelling may not be above the finished floor elevation of any existing side adjacent dwelling that is adjacent to the side of the proposed dwelling by more than one (1) foot for each four (4) feet of setback from the common property line.
(2) Side slopes on any area within the lot cannot exceed one (1) foot vertical for each four (4) feet horizontal.
(3) In areas with municipal sanitary sewer service, the maximum height of the finished floor elevation of a proposed dwelling cannot exceed one (1) foot above the finished floor elevation of any existing dwelling that is adjacent to the side of the proposed dwelling. If the proposed dwelling is not adjacent to any existing dwellings, the maximum finished floor elevation may also not be more than three (3) feet above the crown of the road that the subject property abuts. Where no municipal sanitary sewer service exists, the maximum height of the finished floor elevation of a proposed dwelling cannot exceed six (6) inches above the finished floor elevation established by the septic tank permit.
(4) The development of the proposed dwelling shall not adversely impact the historical drainage or surrounding properties and/or structures of the block in which the proposed dwelling is to be located. The developer of the proposed dwelling unit must accommodate historical drainage by redirecting it to a legal positive outfall.
(5) The drainage from the development of the proposed dwelling must be directed to a legal positive outfall, without adversely impacting any adjacent properties.
(6) To facilitate the above requirements alternate measures other than fill material may be utilized, including but not limited to, stem walls, extended footers, pilings, pumped on-site sewage systems with elevated drainfields, yard piping and inlets, or other approved methods.
(B) Adjacent drainage conveyance facilities. Where the proposed dwelling lot is adjacent to an existing drainage conveyance ditch or drainage infrastructure, the property owner will be required to maintain a maximum side slope of three (3) feet horizontal to one (1) foot vertical from the centerline of the facility to the lowest finished floor elevation, with a five (5) foot wide buffer zone adjacent to the dwelling structure at the lowest finished floor elevation.
Any modifications to the drainage facility required to meet this section will be at the property owner’s expense.
Should the applicant propose modifications to the drainage facility to accommodate the proposed dwelling structure, the applicant shall be required to maintain sufficient capacity in the drainage facility.
(C) Residential drainage permit.
(1) All proposed single-family residential building permit applications must be accompanied by a residential drainage permit application. The application must include:
(a) The finished floor elevation of the proposed dwelling unit;
(b) The finished floor elevation of any adjacent dwelling unit;
(c) Existing and proposed topographic survey data sufficient to determine historical and proposed drainage patterns;
(d) The location and elevation of the septic tank drainfield (if applicable) with ties to the property lines;
(e) The location, elevation and cross- sections (minimum twenty-five (25) foot intervals) of any adjacent drainage conveyance facility;
(f) Any other information as may be deemed necessary by the Public Works Director, or designee, to determine compliance with divisions (A) and (B) above, including certification by a professional engineer, licensed in the state of Florida, as to the design of any drainage system components;
(g) A notarized statement by the property owner acknowledging responsibility to maintain the lot drainage system and holding the city and the permit holder harmless from any liability regarding the lot drainage system is to be provided on forms approved by the City Attorney. The city will record this document;
(h)
Fees as established by resolution pursuant to § 169.004.
(2) The fees as set forth in this section shall be increased by four percent (4%) (rounded to the nearest dollar) each fiscal year. Should any decrease in such fees be warranted in any given year, they shall also be decreased annually by that percentage that accurately reflects the reduction of permits requested and the specific and ascertainable resulting reduction in funds needed to pay the City of Palm Bay costs to manage all services and time needed to issue and monitor the permits required by this section.
(3) Residential drainage permits expire in ninety (90) days, unless associated with an active building permit, in which case the residential drainage permit expires concurrently with the building permit. One or more extensions of time for periods of not more than 90 days each may be allowed by the Public Works Director or designee for the application, provided the extension is requested in writing and justifiable cause is demonstrated.
(4) Any additional engineering, surveying and/or inspection services provided by the city will be charged to the applicant as established by resolution pursuant to § 169.004.
(5) The Chief Building Official shall withhold issuance of the certificate of occupancy until compliance with this ordinance has been determined. An as-built boundary and topographic survey, prepared and sealed by a professional land surveyor and mapper, licensed in the state of Florida, with sufficient vertical elevations to establish finished floor elevations, slopes and drainage patterns shall be submitted and approved prior to the issuance of the certificate of occupancy.
(6) The inspection and issuance of a certificate of occupancy shall not be construed as a warranty of the drainage system. After issuance of a certificate of occupancy, it shall be the responsibility of the property owner to maintain the drainage system. The property owner will be liable for the costs incurred by the city of Palm Bay to correct any deficiency in the drainage system. Modification of the drainage system after issuance of the certificate of occupancy is not permitted without a new residential drainage permit.
(7) Any person(s), firm, business entity, or corporation that damages property located on, under, across or along a right-of-way or easement or any city road or other city improvement shall be required to either restore the damaged property to its condition prior to the damage or shall pay to the city the sum of money determined by the Public Works Department to be necessary to restore the damaged area to its condition prior to the damage. Any such restoration shall meet all construction and engineering standards of the city. Additionally, any permittee who has previously failed to restore the damage(s) as required by this subchapter shall not be issued further permits from the city until such damage is either restored and accepted by the Public Works Department, or the entire cost plus overhead, of restoration incurred by the city to make such restorations has been paid in full by the permittee. In the event discrepancies arise as to the responsibility for damage, the burden of proof shall be on the permittee.
(8) A performance bond or other financial surety, acceptable to the City Attorney, may be provided to ensure compliance with this section.
(9) Such surety will be in the amount 110% of the value of the proposed work and accompanied by a non-refundable processing fee as established by resolution pursuant to § 169.004. Upon satisfactory completion of the improvement in accordance with the permit requirements and/or repair of any damage to city facilities, as determined by the Public Works Director, said surety shall be released.
(D) Erosion sediment control.
(1) No grading, cutting or filling shall be commenced until erosion and sedimentation control structures have been installed;
(2) Land which has been cleared for development and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to revegetate the area.
(3) Sediment shall be retained on the site of the development;
(4) Erosion and sedimentation facilities shall receive regular maintenance to ensure that they will continue to function properly.
(E) Appeals.
(1) A property owner may appeal the application of the criteria defined in divisions (A) and (B) above to the City Engineer, the Public Works Director, or designee. The City Engineer may override the application of the above criteria due extenuating circumstances that would result in an undue hardship upon the applicant. The City Engineer, the Public Works Director, or designee must provide in writing the relief approved and retain the approval and all records associated thereto within the master permit file of the dwelling. No relief may be given that would result in an unsafe design. Adjacent property owners shall be notified in writing by the City Engineer, the Public Works Director, or designee at least fourteen (14) days prior to a decision which grants relief to this section. Should the property owner or an adjacent property owner(s) object to the decision of the City Engineer, the Public Works Director, or designee, they may appeal the decision to City Council within thirty (30) days by filing a notice of appeal with the City Clerk, specifying the grounds therefore.
(2) Upon receipt of an appeal of the administrative decision by the City Engineer, the Public Works Director, or designee, all records constituting the basis of the administrative decision shall be given to the City Clerk within twenty (20) days. The City Council shall hear the appeal at a regularly scheduled or at a special City Council meeting within sixty (60) days of the notice of appeal to City Council. Notice shall be given at least fifteen (15) days in advance of the public hearing to the property owner and any adjacent property owners. At the hearing, the property owner or adjacent objector(s) shall have a right to be heard.
(Ord. 2003-48, passed 11-20-03; Am. Ord. 2004-13, passed 4-22-04; Am. Ord. 2006-04, passed 2-2-06; Am. Ord. 2006-05, passed 2-2-06; Am. Ord. 2006-62, passed 6-15-06; Am. Ord. 2021-52, passed 9-2-21; Am. Ord. 2023-34, passed 7-6-23)