§ 7.03.04. Access.

All proposed development shall meet the standards for vehicular access and circulation as established by this section. Every building hereafter erected, or moved from one lot to another lot, shall be located on a lot adjacent to a public street or on a lot adjacent to an approved private street, except as otherwise provided by this section.

A.

Separation of access points.

1.

The separation between access points onto arterial, collector and local roadways, shall meet the minimum standards identified be as shown in the following table:

Access Classification System
Functional Classification	Connection Spacing (feet)
	> 45 mph	≤ 45 mph
Arterial	660	440
Collector	440	245
Local	125	125
Driveway	50	35

 

2.

Driveways that deviate from the minimum requirements identified in the table above must be authorized by the county engineer.

3.

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.

4.

A development that cannot meet the access requirements of this section and has no reasonable alternative means of access to the public road system shall be issued a temporary connection permit. When adjoining parcels develop which can provide joint or cross access, the temporary permit shall be rescinded and an application for a connection permit consistent with the requirements of this section shall be required. Conditions may be in the temporary permit including, but not limited to, a limitation on development intensity of the site until adjoining parcels develop which can provide joint and/or cross access consistent with the requirements of this section.

5.

The county may, by resolution approved by a super majority of the board, establish specific access criteria or access separation criteria for a road or road segment.

B.

Frontage on service roads and common driveways.

1.

Commercial projects proposed on arterials and collectors shall include service roads, and shall take access from the service road rather than the arterial or collector. Service road design shall conform to FDOT standards. This access requirement may be met through the use of interconnecting parking lots which abut the arterial or major collector facility.

2.

Adjacent uses are encouraged to share a common driveway provided that appropriate access easements are granted between or among the property owners.

3.

Residential projects proposed on arterials and collectors shall, where feasible, include service roads, and shall take access from the service road rather than the arterial or collector.

C.

Reserved.

D.

Requirements for unified access and circulation.

1.

In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be considered unified parcels for the purposes of this section. This shall also apply to phased development plans. Accordingly, the following requirements shall apply:

a.

The number of connections permitted shall be the minimum number necessary to provide reasonable access to the overall site and not the maximum available for that frontage ([section] 7.03.04.A.1).

b.

All easements and agreements required under section 7.03.04.B shall be provided.

c.

Access to outparcels shall be internalized using the shared circulation system and designed to avoid excessive movement across parking aisles or queuing across surrounding parking and driving aisles.

2.

Where abutting properties are in different ownership and not part of an overall development plan, cooperation between the various owners in development of a unified access and circulation system is encouraged. Only the building site(s) under consideration for development approval shall be subject to the requirements of this section. Abutting properties shall not be required to provide unified access and circulation until they are developed or are redeveloped.

E.

Access to residential lots and dwellings.

1.

All lots in a proposed residential subdivision shall have direct access from an existing street meeting the requirements of this Code except that lots that are 40 acres or larger shall be deemed to meet the requirements of this subsection where the owner of such land can demonstrate to the director of planning and development that he has legal access from such lands to a public or private street meeting the requirements of this section.

2.

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

3.

No dwelling shall be erected on a lot or portion of a lot which does not front on at least one public street, or one approved private street as herein defined, for at least 50 feet; provided, that in the case of lots or parcels of 40 acres or more in size the frontage requirements of this subsection shall be deemed to be met where the owner of such land can demonstrate to the director of planning and development that he has legal access from such lands to a public or private street meeting the requirements of this section.

4.

Publicly maintained streets and rights-of-way including the edge of payment shall be protected from the impacts of construction or other development activity on residential lots or parcels.

a.

Culvert required. Where a dwelling is proposed to be constructed, installed or erected on a lot or parcel that fronts a publicly maintained street, a culvert, when determined by the county to be required, shall be installed by the developer/homeowner and approved by the county prior to the issuance of a building permit.

b.

Culvert specifications. Where a culvert is installed in a county right-of-way:

1)

The culvert shall be no less than 18 inches in diameter (or elliptical equivalent), shall not be less than 30 feet in length at the top, shall be constructed of concrete or an alternate material approved by the county, shall have mitered end sections and shall have concrete collars.

2)

The county may require a larger culvert or may approve a smaller culvert as warranted, and may approve alternate construction materials or end sections as warranted.

3)

A temporary culvert may be approved by the county in association with a construction activity but a permanent culvert as described above shall be installed prior to the issuance of a certificate of occupancy or other county acknowledgment of the completion of construction activity.

c.

Paved driveway apron required. Where a dwelling is proposed to be constructed, installed or erected on a lot or parcel that fronts a publicly maintained paved street, a paved driveway apron not less than 12 feet in width with a minimum five-foot radius extending from the edge of pavement of the publicly maintained paved street to one foot beyond the edge of the right-of-way is required prior to the commencement of construction activity. Alternative means of protecting the edge of pavement during construction activity may be approved by the county but the paved apron shall be completed prior to the issuance of a certificate of occupancy or other county acknowledgment of the completion of construction activity.

d.

Paved driveway required on streets with curb and gutter. Where a dwelling is proposed to be constructed, installed or erected on a lot or parcel that fronts a publicly maintained paved street with curb and gutter, the driveway pavement shall be extended to the garage, carport or other defined parking area at or beyond the front of the dwelling prior to the issuance of a certificate of occupancy or other county acknowledgment of the completion of construction activity. In no event shall this provision require a driveway to extend more than 50 feet from the edge of the right-of-way of the publicly maintained paved street with curb and gutter.

e.

Paved driveway required where dwelling is set back 30 feet or less. Where a dwelling is proposed to be constructed, installed or erected on a lot or parcel that fronts any type of publicly maintained paved street, and where the dwelling or any attached appurtenance is set back 30 feet or less from the edge of right-of-way regardless of the width or area of the lot or parcel, the driveway pavement shall be extended to the garage, carport or other defined parking area at or beyond the front of the dwelling prior to the issuance of a certificate of occupancy or other county acknowledgment of the completion of construction activity.

f.

Paved driveway required where lot width is 200 feet or less . Where a dwelling is proposed to be constructed, installed or erected on a lot or parcel that fronts any type of publicly maintained paved street, and where the lot or parcel is 200 feet or less in width at the edge of right-of-way, the driveway pavement shall be extended to the garage, carport or other defined parking area at or beyond the front of the dwelling prior to the issuance of a certificate of occupancy or other county acknowledgment of the completion of construction activity. In no event shall this provision require a driveway to extend more than 50 feet from the edge of the right-of-way of the publicly maintained paved street.

g.

Paving materials. For purposes of the section, the paved driveway may consist of concrete, asphalt, concrete pavers or other similar surfaces approved by the county.

h.

Effective date. The provisions of paragraphs c., d., e. and f. above shall apply to any dwelling for which a complete permit application to construct, install or erect such dwelling is submitted to the department after January 1, 2006. This provision shall not be construed to relieve the ongoing requirement to install temporary or permanent culverts as necessary and to employ methods to protect the integrity of an adjoining street, including swales and the edge of asphalt, during the course of construction, installation or erection of a dwelling.

i.

Replacement dwellings. This provision shall not apply where the proposed dwelling is replacing a dwelling that lawfully exists or has existed on the lot or parcel within the preceding six months.

F.

Approved private streets. For the purpose of this regulation, an "approved private street" is a street:

1.

Which is approved by the board of county commissioners as an approved private street; and

2.

Which the county commission has stated in its public records it will not accept for maintenance or improvement; and

3.

For which provision is made in the instrument of county commission approval for private future maintenance of such approved private street; and

4.

Which meets the minimum width and surface requirements as specified below, and for which legal provision is made for the future continuation and preservation of that width:

a.

Twenty-five feet when providing access to three or fewer parcels, surface is not required to be paved but must be able to support emergency vehicles.

b.

Fifty feet when providing access for four or five lots, surface is not required to be paved but must be able to support emergency vehicles.

c.

Fifty feet when providing access for six or seven lots, surface must be paved and pavement must be maintained at a minimum width of 18 feet.

d.

When providing access for eight or more lots, the street or road must meet minimum county specifications, including minimum overall width and minimum pavement width.

e.

When the proposed private street is 450 feet in length or less, and cannot reasonably be extended further because of physical impediments or other limiting factors, the minimum total width as established in paragraphs b. or c. above may be reduced to not less than one-tenth the length of the road, but in no event may the road be less than 30 feet in width.

f.

The minimum widths specified shall be completely unobstructed and available for use for the purpose intended by this section. Where not required to be paved, an approved private street shall include a minimum 20-foot width of an all-weather driving surface, with a minimum vertical clearance of 13 feet. The all-weather driving surface shall be composed of no less than six inches of compacted shell, or other comparable material as may be approved by the county engineer.

5.

Nothing herein shall be construed to provide relief from any and all requirements of Section 7.03 and other provisions of this Code regarding the minimum specifications for a road or street when part of a plat or when providing road frontage for a platted lot.

All structures shall be so located on a lot as to provide safe and convenient access for servicing, fire protection, and required off-street parking and off-street loading.

G.

Development on county-maintained roads. There are county-maintained roads that would not meet today's standards for right-of-way widths, travel ways, base or surfacing if they had not already been built and/or accepted by the county. As to these roads, subject to concurrency requirements as well as all other applicable county ordinances, rules and regulations:

1.

A boundary adjustment between two adjoining parcels which does not create additional building sites and will not increase residential density shall not be prohibited by subsection.

2.

Individual vested lots of record as defined by the LDRs shall be permitted to develop if they abut a county-maintained road even if such road does not meet current right-of-way, travel lane, and surfacing standards.

3.

Persons wishing to subdivide (by deminimus or full plat) thereby increasing the number of existing vested lots of record abutting a county-maintained road shall be required to bring that portion of the road which fronts the parcels created or altered to current county standards. Provided however, a platted subdivision establishing an internal road system and through enforceable covenants prohibits direct access from the abutting lots to such road may be exempted from the provisions of this subsection provided abutting or connecting road improvements are not otherwise made a condition of the development by the site plan review process due to concurrency or traffic safety considerations.

H.

Development on private roads and easements. Within the county there are currently undeveloped lots within platted and unplatted subdivisions without publically dedicated rights of way and where the only access is by means of private agreements or easements (herein referred to as "Existing Private Subdivisions"). Where there existed as of November 9, 2006, an all weather road servicing such existing private subdivision lots, residential development of these lots shall be governed by the following:

1.

The roads and easements within existing private subdivisions shall not be accepted by the county unless dedicated by all owners of the easements or roads.

2.

Any roads dedicated shall not be accepted for maintenance by the county unless they have been brought up to current county road standards.

3.

Once dedicated, any such road is eligible to be considered for the imposition of a special assessment to improve the road to current county road standards. Such special assessment shall, to the fullest extent practicable, bring the subject road to a condition that meets all current county road standards.

4.

Subject to the marshaling requirements of Section 11.01.03, LDRs, owners of vested lots of record (as defined by the LDRs) may seek residential building permits however, the owners of such lots shall execute a recordable acknowledgment that access is not by means of a county right-of-way and there may be limited availability for emergency services and the county will likely never accept, maintain or improve the road.

5.

Further lot splits or deminimus development on such easements or roads is prohibited unless the access is an approved private street under the LDRs.

6.

Lots within an existing private subdivision abutting (by the minimum frontage established by the LDRs) an all weather road existing as of November, 9, 2006 shall be permitted to residentially develop upon approval of the road as an approved private street as defined by Section 7.03.04.F of the Okeechobee County Code however such road shall not be required to comply with the minimum construction standards provided in that section.

7.

Where any lot to be developed is less than ten acres in size, a drainage plan shall be provided for review by the county to ensure that off-site impacts will conform to the requirements of the Okeechobee County Code and state regulations. In such cases, an approval from the applicable water management district may be required.

8.

This section shall not be construed to allow or encourage the commercial development of paper plats or build out of subdivisions or areas of subdivisions containing little or no road and drainage infrastructure. This section is intended only to allow residential development in the limited circumstance where there currently exists an adequate all weather road servicing vested lots and will generally present itself as an incident to in-fill where other residential development has already occurred on the access road.

I.

New plats accessed by private roads and easements. Platting of property serviced only by private roads or easements is prohibited unless such roads or easements are improved to current county standards and either dedicated to the county or a recordable perpetual maintenance document (approved by the county) is executed by all affected landowners.

J.

In-fill waivers. Given the practical inability of the county to evaluate, engineer, implement special assessment districts, and construct road and drainage improvements for subdivisions county-wide at the same time, the following "transition rules" are hereby adopted to permit certain in-fill development of platted subdivisions where substandard roads exist within county rights-of-way:

1.

The lot must be within a platted subdivision and must abut a public right-of-way.

2.

The road providing access must be reasonably passable in its current state without the necessity of public or private interim improvements.

3.

Owner must sign and record in the public records a statement acknowledging the fact the access to the property is not currently county-maintained and that there may be limited availability for emergency services. Further that when, if ever, improvements are made they will be by means of a special assessment to be paid by the benefitted properties.

4.

If a home is built for resale, the statement must be signed by the ultimate purchaser. An ultimate purchaser is a natural person or persons who takes title to the property within six months of issuance of the certificate of occupancy. Failure of the builder to have the statement signed may result in a denial of further in-fill waivers being granted to that builder.

5.

In-fill waivers shall not be available to developers. A developer is a person or entity owning four or more lots in the subdivision as of the effective date of this amendment to this Code. In calculating the number of lots owned, multiple lots that have been declared to be a single building site shall count as one lot. Where multiple lots are combined to create a single building site, a unified building site declaration must be provided to the building department.

6.

In-fill waivers shall be permitted where all of the following criteria is met:

(a)

The proposed residence will be located between two existing residences on either side of the same road segment. A road segment is the portion of a road servicing a group of lots or such smaller portion uninterrupted by road intersections; and

(b)

The proposed residence is separated from the two existing residences by no more than:

(i)

Three platted lots (or building sites) if the lots are one acre or less; or

(ii)

Two platted lots (or building sites) if the lots are over one acre but less than five acres; or

(iii)

One platted lot (or building site) if the lots are over 5 acres.

(c)

Where a road segment or the plat legally terminates so that it is impossible to meet the requirements of 6(a), above, a lot is not disqualified if it is able to meet the criteria on one side.

7.

The in-fill determination shall be made as a part of the review process upon application for a building permit. Where a person wishes an In-fill waiver in advance of applying for a building permit, a written determination letter may be provided by the planning department upon payment of a fee of $100.00 plus recording cost for up to four contiguous lots/building sites. This fee may be modified by resolution of the board of county commissioners.

8.

Where lots or parcels of record abut a public right-of-way but are not in a platted subdivision, an infill waiver may also be granted in accordance with the criteria established in this section.

(Ord. No. 95-1, § 1 (7.03.04A—D), 6-8-95; Ord. No. 96-03, § 1, 4-11-96; Ord. No. 2003-04, § 1(Exh. A), 4-10-03; Ord. No. 2005-12, § 2(Exh. A), 7-28-05; Ord. No. 2008-02, § 2(Exh. B), 5-22-08)