§ 46-40. Density restrictions.

In addition to the requirements of F.S. § 381.0065 and F.A.C. ch. 64E-6, the following density restrictions shall apply to all development requiring the use of an OSTDS:

(1)

If the property will be connected to a public water supply that completely loops the entire block and there is sufficient capacity to serve all properties within said block:

a.

For properties at least one-quarter acre in size, a standard OSTDS may be used.

b.

For properties less than a one-quarter acre in size and development of other lots within the block on standard OSTDS does not exceed 66 percent, a standard OSTDS may be used.

c.

For properties less than a one-quarter acre in size and development of other lots within the block on standard OSTDS exceeds 66 percent, the minimum requirements in subsection (4) below must be satisfied.

(2)

If the property will be connected to a public water supply that does not completely loop the block or if the property will use a private, potable water well:

a.

For properties at least one-half acre in size, a standard OSTDS may be used.

b.

For properties less than one-half acre in size and the development of other lots within the block on standard OSTDS does not exceed 30 percent, a standard OSTDS may be used.

c.

For properties less than one-half acre in size and the development of other lots within the block on standard OSTDS exceeds 30 percent, the minimum requirements in subsection (4) below must be satisfied.

(3)

The density of a block is determined by dividing the number of lots that have been granted an OSTDS construction permit by the total number of lots within the block. For example, 14 active construction permits/40 lots on block "z" = 35 percent. The number of active OSTDS construction permits change daily. The density calculation must be confirmed by FDOH.

(4)

For properties that cannot meet the density requirements, development may be approved if all of the following conditions are met:

a.

In lieu of a standard OSTDS, an NSF-approved class I aerobic treatment unit will be installed and maintained in accordance with ch. 64E-6 F.A.C.

b.

No additional potable water wells or dry wells will be installed in the future. Properties on private wells will be required to connect to a public water supply when available.

c.

The unobstructed area requirements set forth in ch. 64E-6, F.A.C. shall not be encroached upon without the express written approval of FDOH.

(5)

Blocks which abut canals or major areas of green space, such as parks or schools, are not required to satisfy the complete looping requirement.

(6)

In the event that the density requirements in subsection (4) cannot be satisfied, the property owner may petition the state department of health for a hardship variance pursuant to F.S. § 381.0065(4)(h).

(Ord. No. 2018-24, § 5, 10-9-18)