§ 37-540. Design and permit standards.

(a)

OSDS shall be designed and constructed per the regulations herein and F.A.C. ch. 10D-6, as may be amended or replaced.

(b)

OSDS will be permitted only where soils are suitable or are made suitable. Soil associations which are classified as "severe" for OSDS use by the U.S. Department of Agriculture Soil Conservation Service are considered not suitable for OSDS unless otherwise certified suitable by a geotechnical engineer. Pre- and post-construction certification shall be made by a geotechnical engineer for any permit issued in "severe" soils or other soils to be made suitable.

(c)

OSDS and drainfield expansion areas shall be located at least one hundred fifty (150) feet from the normal high water elevation (N.H.W.E.) of surface water bodies and canals connected to surface water bodies.

(d)

OSDS shall be located no less than seventy-five (75) feet from:

(1)

The design high water level of normally wet open drainage systems and stormwater retention areas; and

(2)

Jurisdictional wetland areas; and

(3)

Underdrains.

This requirement does not apply to swales.

(e)

OSDS shall be located no less than two hundred (200) feet from public potable water supply wells and no less than seventy-five (75) feet from all other potable wells. OSDS shall maintain a minimum of five (5) feet setback from all property lines, unless more stringent requirements must be met as noted in this article.

(f)

As a minimum requirement, the bottom of the absorption bed for an OSDS shall be constructed at the highest elevation of the following criteria:

(1)

One (1) foot above the 100-year flood elevation; and

(2)

For lots other than lakefront lots, two (2) feet above the elevation of the normal wet season water table; and

(3)

For lakefront lots, two and one-half (2½) feet above the elevation of the normal wet season water table.

(g)

In no case shall OSDS encroach in right-of-way, drainage and underground utility easements.

(h)

Filling of the entire site for any plan/permit proposing the use of OSDS may be approved only if a detailed site analysis submitted by the project engineer demonstrates that such filling will not adversely affect the public health, safety and welfare, including without limitation, the drainage area within which the project would lie and the interest of abutting property owners.

(i)

OSDS shall be located in the front yard for lots less than or equal to one-half (½) acre (21,780 square feet), unless a rear yard or side yard OSDS meeting the conditions of subsection (j) is approved by the county.

(j)

OSDS may be located in the side or rear yards only under the following conditions:

(1)

The lot is not located in a subdivision which has been approved with a public dry-line wastewater collection system and an interim septic tank agreement with the county.

(2)

There is an adequate access for maintenance of the OSDS.

(k)

Washed builders sand meeting requirements of Orange County Health Department or alternative material and meeting the same performance standards as certified by a geotechnical engineer shall be utilized as replacement soil in on-site sewage disposal system installations where unsuitable soil underlying the drainfield absorption bed must be removed.

(l)

Repairs of existing onsite sewage disposal systems, including lakefront lots, shall be exempt from the requirements of this article.

(m)

Except for repairs as set forth in subsection (l) above, lakefront lots shall meet all requirements of this article.

(n)

Prior to issuance of a certificate of occupancy for the permitted structure(s), the OSDS shall be inspected by the health department. If the OSDS meets the regulations herein as installed, the health department will certify that the system has met the requirement. Only then may the certificate of occupancy be issued.

(o)

Any person owning or controlling property upon which an OSDS is installed shall be responsible for maintenance of the system as outlined in F.A.C. ch. 10D-6.

(Ord. No. 92-16, § 10, 5-26-92; Ord. No. 93-24, §§ 2, 3, 9-7-93; Ord. No. 96-1, § 5, 1-9-96)