§ 12.04.02. Review and issuance by the town.

(a)

Issuance of building permits, collection of fees and inspection. Issuance of building permits, collection of fees and inspection of construction shall be by the town. Occupancy is not permitted prior to issuance of a certificate of occupancy by the town after written approval of the town manager.

(1)

The town has the duty and responsibility of administering the applicable ordinances, laws, rules and regulations governing building permits and the design, construction, erection, alteration, modification, demolition, repair, remodeling and moving of structures within the town.

(2)

The town shall provide all services, as may be necessary or required for the enforcement and administration of the regulation of building construction, remodeling or moving of structures of any type within the town. As set forth in section 6-2 of the Code of Ordinances, the town may also choose to contract with:

a.

The county;

b.

Another local government agency; or

c.

A private company to administer and enforce its building regulations.

(3)

By resolution, the town council may adopt a schedule of fees and such schedule for the issuance of building permits and making required inspections.

(4)

If the town adopts a schedule of fees by resolution, as set forth in subsection (a)(3) of this section, the town shall collect and retain all fees required in the administration and enforcement of this article.

(5)

All the rules, regulations and provisions set forth in such code are hereby declared to be the rules, regulations and provisions for building and construction for the town as fully and completely as if set forth in this section.

(6)

Ocoee fire department will concurrently review all development permits except residential and conduct such inspections as deemed necessary.

(b)

Permits for development in other than residential areas require approval of the town council.

(1)

All persons who desire to build, erect, move, place, remodel, add to, remove, reroof or remake substantial changes to any building, structure, well or septic system or pool or to install a fence or to pave a portion of their property shall apply to the town for a building permit.

(2)

Upon the issuance of any building permit, work on the construction authorized under such permit shall commence within 90 days from the issuance thereof and shall continue until such work is completed. Ordinary and usual work stoppages and stoppages over which the permittee has no control, and usual and customary delays in construction shall be permissible provided that if work under the permit has not begun within 90 days from the issuance thereof or if the work described in any permit has not been substantially completed within one year from the date of issuance thereof, or if the work having been commenced, shall not be continued until concluded, stoppages and delays as set forth herein excluded, then such permit shall expire and be of no further force and effect.

(3)

Certified foundation survey.

a.

The property owner or the general contractor, when acting as an agent for the property owner, shall file with the town a certified foundation survey applicable to the construction and/or alteration of every building for which a building permit has been issued and the survey shall be approved by the appropriate agency prior to the start of any permanent vertical construction other than the building foundation.

b.

The certified foundation survey is not required where the application for a building permit indicates that the estimated cost of construction and/or alterations will cost less than $500.00.

c.

The certified foundation survey is not required when alterations will not add to or change the original building foundation.

d.

Each application for a land use and/or building permit shall be accompanied by a site plan, drawn to scale and indicating:

1.

Property lines;

2.

Rights-of-way;

3.

Public utilities;

4.

Existing and proposed structures;

5.

Accessory buildings and structures;

6.

Proposed curb cuts;

7.

Driveways;

8.

Parking areas;

9.

Protected trees (their location, DBH, common name, estimated height);

10.

Trees proposed for removal (with data set forth in subsection (b)(3)d.9 of this section and the reason for removal);

11.

Landscape plans (with grade, spacing, size and names of proposed landscape materials);

12.

Irrigation plans;

13.

The normal high-water line; and

14.

Current waterfront line.

Extracts or copies of information contained in prior approved development orders shall be attached or upgraded as required by the town manager.

e.

Additional stormwater requirements were determined to be necessary within the town for new, enlarged or expanded structures, unless otherwise exempted by section 6.05.03 of the Land Development Code. Changes where less than 125 square feet of impervious area are increased are exempt from these additional requirements (but still require a building permit) for the initial change made upon a property, but owners shall be required to comply for any subsequent changes. These additional requirements provide for retention of the runoff from the developed state generated by the first inch of rainfall. Retention ponds, filtered recharge wells, grassed swales along street rights-of-way (and in hardship cases with special approvals in unpaved street rights-of-way), natural ponding areas, or grading and retention for street frontage. The owner shall also provide means of retention so that the waters are not moved to the adjoining property and special attention must be paid to the prevention of runoff into canals and lakes by devices that are above the recorded high-water levels experienced on the water body.

1.

The owner shall provide a survey or certified engineering drawing indicating the elevation of improvements, adjacent streets, canals and lakes with the direction of flow of rain stormwater, any grading or fill information, the types of soil and if less than three feet, the depth to the water table. Elevations above 97.5 feet MSL (mean sea level) on Lake Bessie and 99.5 feet MSL on other water bodies shall be show in one-foot increments.

2.

The owner will indicate on the survey or drawing his proposed means for handling the stormwater runoff and provide a narrative description as to his methods and quantities of water being retained. No work will be commenced until approval by the town. Computations shall be included.

3.

Upon completion of construction on (i) property located in a residential zoning district, or (ii) a lot in a planned unit development used for single-family residential purposes, the town shall inspect the stormwater retention improvements for compliance with the approved stormwater plans developed in subsections (b)(3)e.1 and (b)(3)e.2, immediately above. A certificate of occupancy may not be issued until approval of the stormwater improvements by the town.

4.

Upon completion of construction on all other property not included in subsection (b)(3)e.3 immediately above, a letter from a civil engineer, landscape architect, surveyor or architect, registered in the state, shall be submitted to the town indicating that the stormwater retention improvements have been completed and that they comply with the approved stormwater plans developed in subsections (b)(3)e.1 and (b)(3)e.2 and in compliance with the applicable ordinances of the town. A certificate of occupancy may not be issued until approval of the stormwater improvements by the town.

5.

Upon completion of the certifications required in subsections (b)(3)e.3 and (b)(3)e.4 of this section, no changes will be made to the stormwater retention improvements in any way, without resubmission of a request as required by subsections (b)(3)e.1 and 2 of this section and subsequent recertification.

6.

Where compliance with this subsection (b) has not been completed and the property is occupied, the town manager is directed to file a complaint with the special magistrate.

(c)

Building permit.

(1)

Applications for building permits shall be checked and approved by the town manager. The ordinances and checklist shall be carefully followed. If a survey is not attached, the builder/owner shall certify the plans on the plot plan as correct. In all stormwater submissions, a survey shall be provided showing elevations. If the application concerns a lakefront or canal lot, the elevations shall be verified from a properly certified survey.

(2)

No vertical walls may be erected until a foundation survey is provided, which shall include certification of the pad elevation, checked by the town manager and a copy returned to the builder. A copy shall be filed with the application.

(d)

Flood hazard areas. Any request for a development permit in flood hazard areas shall also provide data required in section 5.05.01 of this Land Development Code and section 16-46 of the Code of Ordinances.

(Ord. No. 91-6, § 3(12.04.02), 2-11-1992; Ord. No. 94-2, § 1(f), 2-8-1994; Ord. No. 2009-03, § 9(12.04.02), 6-9-2009; Ord. No. 2010-05, § 2, 9-14-2010; Ord. No. 2010-10, § 1, 12-14-2010; Ord. No. 2015-04, § 1, 4-14-2015; Ord. No. 2016-01, § 19, 7-12-2016)