HomeMy WebLinkAboutOrdinance No 179 - unsignedr kA
ORDINANCE NO. 179
AN ORDINANCE REGULATING THE SUBDIVISION OF
LANDS IN SEBASTIA i, FLORIDA, 7.,THICH LIE INSIDE
THE TERRITORIAL -LIMITS OF CITY OF SEBASTL'1N
REQUI_RITvG AND REGULATING THE PREPARATION AND
y ��ESETiTATIOTd OF PRELIMINARY ATID PIIIAL PLATS
FOR SUCH PURPOSE; 'ESTABLISHING I°iINIPiJTi SUB-
DIVISION DESIGN STA'TD.i DS; _1-ROVIDII G MINIMUM
II i'ROVEr ZTIT S TO BE I47ADE OR GUARtT ;TEED TO BE
r k D E BY TI -TIE SUBDIVIDER; SET`1'ING FORTH THE
OCEDU= TO E FOLLO,rED Iii AID- LYTTIG T11ESE
RIJL S, REGU!jATTOIS AND STAI-DARDS; ROVIDING
P'I'IALTIES FOR THE VIOLATION OF THIS ORDINANCE;
:!'ROVIDING SEPARABILITY AND EFFECTTVE DATE.
SECTION 1 - GEIT= PROVISIONS
1.01 This Ordinance shall be known and may be cited as "The Sub-
division Ordinance of the City of Sebastian, Florida".
1.02 The provisions of this Ordinance will be waived only when
it affirmatively appears that neither Florida Statutes nor City of
Sebastian Ordinances will not be violated and that the waiver will
not operate to the detriment of future owners of the lots of the
subdivision nor of the City of Sebastian.
1.03 The City Clerk shall prepare copies of this Ordinance and
any amendments and furnish one set to any interested person.
1.04 This Ordinance may be amended from time to tine, except that
no amendment shall become effective until a thirty day (30 -day) period
has elapsed between the adoption of such a_aendnent and the effective
date of enforcement thereof.
1.05 No streets, par'_s, or draina-,e easero.ehlts will be accepted for
maintenance by the City of Sebastian until full compliance with the
terms of this Ordinance has been effected.
1.06 This Ordinance shall not app,,ly to any land forming a part of a:
subdivision created and recorded-"rior to the effective date of this
Ordinance but it shall apply to any resubdividi.ng of each prior sub-
divisions, any new subdivisions, and to all subdivisions to which
tentative approval may have been previously given and which do not have
final approval within 120 ( .) days from the date of adoption of this
Ordinance.
1.07 This Ordinance repeals all former Ordinances in conflict herewith.
1.08 It is not intended by this Ordinance to repeal, abrogate,
annul, or in any way impair or interfere with private restrictions
placed upon property by deed, covenant, or private agreement, except
that where this Ordinance imposes higher standards than imposed by
such deeds, covenants, or private agreements than the provisions
of this Ordinance shall apply.
1.09 Administration. The City Engineer under the direction of
the Council shall administer the provisions of this Ordinance.
1.10 Overall Requirements and Conditions. In order to file
a plat for any purpose except to record boundaries of an ownership,
the streets, and other vehicular ways shall be paved according to
the specifications herein set forte, and all other requirements of
this Ordinance shall be met.
SECTION 2 -- DEFINITIONS
2.01 The term "City" as used herein refers to the "City of
Sebastian, Florida".
2.02 The term "Council" as used herein refers to the "City
Council, City of Sebastian, Florida".
2.03 Surveyor is a Land Surveyor authorized to do business
in Florida by virtue of registration and engaged by the developer
to plat the land proposed for subdividing.
2.04 Engineer is a Professional Engineer authorized to do
business in Florida by virtue of registration and engaged by the
developer to plan, design, and supervise the construction of all
phases of the proposed subdivision development.
2.05 Preliminary Plat is the preliminary map, drawing, or
chart prepared by a Surveyor indicating the proposed layout of
the subdivision.
2.06 Development flan is the plan prepared by an Engineer
depicting all the construction contemplated by this Ordinance
showing typical sections, storm -water collection and disposal and
all other data pertinent to the construction of the subdivision.
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2.07 Final Plat is the final tracing, prepared in accordance
with Chapter 177, Florida Statutes, on which the developer's layout
of the subdivision is presented to the Council for approval, and
which, if approved, will be submitted to the Clerk of the Circuit
Court for recording. Final Flats not recorded within thirty (30)
days following date of final approval shall be voided.
2.08 Developer is any individual firm, association, syndicate,
co -partnership, corporation, trust, or any other legal entity
commencing proceedings under th-is Ordinance to effect a subdivision
of land hereunder for himself or for another.
2.09 Subdivision is:
a. The subdivision of land into one or more lots, sites,
tracts, parcels, or however otherwise designated of one acre or
less in area for the purpose of transfer of ownership, leasing, or
building development.
b. The dedication of a road, street, highway, alley,
easement, or one-half the right-of-way required for same, through
or on a tract of land regardless of the area.
c. The resubdivision of land heretofore divided or platted
into lots, sites, or parcels, provided that a division of land
ordered or approved by a court or effected by testamentary or
intestate provisions not involving a new street shall not be deemed
a subdivision.
2.10 hot is a. portion of a subdivision or other parcel of land,
however designated, intended as a single building site or unit for
transfer of ownershi-, or for develo_ment.
2.11 Alleys, Streets, '_,ase,nents, =sights-of-�,'ay:
a.. Alley is a ninor way used �)rinaril - _ or vehicular
sertice access to the back- or side of properties otherwise abutting
on a street.
b. Arterial c)'treet is a heavily travelled street of
considerable continuity used y:rimarilIr as a .lain traffic artery
and will include State and County numerically designated routes.
c. Collector Street is a street which carries traffic
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from minor streets to arterial streets, including the principal
entrance streets of a residential development and streets for
circulation within such development.
d. Cul -De -Sac or Dead -End Street is a minor street with
only one outlet terminating at one end with a circular turn around.
e. Easement or Servitude is a strip reserved by a sub-
divider for public utilities, drainage, and other public purposes,
the title to which sh4ll remain in the property owner, subject to
the right of use designated in the reservation of the servitude.
f. Limited Access Highway or Freeway is a highway which
permits no access except at authorized and controlled points, the
acquisition of rights-of-way for such highway usually including the
acquisition of access riElits thereto. Access may also be limited
through methods other t.ian acquisition of access right.
g. Narginal Access Street is a minor street which is parallel
and adjacent to arterial streets and limited access highways which
provides access to abutting properties and protection from through
traffic.
h. Hinor Street is a street used primarily for access to
the abutting properties.
i. Parkway is a route intended to be used primarily by
passenger vehicles which may have a varying width of right-of-way
and which right-of-way is, or is intended to be developed with a
park -like character.
j. Width of Street is the shortest (normal) distance
between the lines delineating the right-of-way of a street.
k. tight -of -'Jay is a strip of ground dedicated by the
subdivider, or deeded by the owner, for public use.
1. Mapped street is any approved street shown on an
official map, or the ;rojection of an existing street through an
unsubdivided parcel of land, whether the street is dedicated, or
in existence or not. For the purpose of this definition, all
normal ten -acre fractional lines scall be deemed the center line
of mapped streets, unless waived by the Council.
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2.12 Work includes all construction, and facilities and features
of every kind in, under, and over dedicated streets, alleys, ease-
ments, and other rights-of-way within, and furnished in connection
with the plat; except those public utilities required to be in-
stalled by any franchise agreement with the City.
2.13 State Road Department Specifications is the latest, current
road and bridge specifications adopted as standard by the State
Road Department of Florida.
2.1¢ City Engineer is a registered, professional engineer desig-
nated by the City.
SECTION 3 -- APPLICATION OF THIS ORDI171NCE
3.01 No person, firm, corporation, or any other entity shall
create a subdivision of land within the City except in conformity
with this Ordinance.
3.02 Whenever land is subdivided, a plat must be recorded,
except that the recording of a plat will not be required if:
a. The subdivision involved consists only of the
dedication of a road, highway, street, alley, or easement and due
to unusual conditions and circumstances the Council finds that it
is not necessary that a plat be recorded. In lieu of the recording
of a plat, the dedication may be required by deed and may be sub-
ject to compliance with such conditions as may be deemed appropriate
under the particular circumstances, such as improvements of side-
walks, streets, or drainage facilities and the acceptance of the
dedication by the Council. costing of bond may be required.
b. The land to be subdivided is to be divided into no
more than two (2) parcels and because of (1) unusual conditions
created by ownership or development of adjacent lands, or (2)
improvements and dedications existing on the land substantially
in accordance with the requirements of this Ordinance, it is
determined by the Council that waiving of the requirement for plat-
ing would not conflict with the purj;:ose and intent of this Ordi-
nance. In lieu of platting, the Council may require any dedications,
reservations, or improvements required in connection with platting
under this Ordinance, including the posting of a performance and
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maintenance bond, as may be necessary to carry out the intent and
purpose of this Ordinance.
c. The resubdivision of land heretofore platted is of
such unusual size or shape, or is surrounded by such development
or unusual conditions as may be determined by the Council -to
justify the waiving of the requirement for recording a plat. In
lieu of the recording of a• plat, such conditions may be iml•osed as
may be deemed necessar,;r and appropriate to preserve the public
interest.
3.03 No final plat of any subdivision shall be entitled to
record in the office of the Clerk of the Circuit Court until it
shall have been approved in the manner prescribed herein. In the
event any such plat is recorded after the effective date of this
Ordinance, the Council will request that it be stricken from the
records.
03., Until a plat of any subdivision has been approved in the
manner prescribed herein, lots therefrom shall not be sold, ad-
vertised for sale, negotiated for sale, or beco_ae a part of any
<• ;. $ ;,., :�;:.k ..;� �, Mme, � ,..
other change of ownership transaction; nor shall a building permit
be issued or any other City services rendered.
3.05 adhere it may subsequently become evident that a subdivision
is being created by the recording of deeds to metes and bounds
description of tracts of land of less than one (1) acre, the City
may, at its discretion, require all the owners involved to jointly
file a plat of the subdivision being so created and/or to require
all the owners of record to jointly conform to the applicable pro-
visions of this Ordinance as a requisite for the issuance of
building permits or the furnishing of City services.
3.06 The Developer shall pay a fee of 4.00 to the City
Clerk for each subdivision, or divisible unit thereof, approved
for separate recording, which fee shall be in addition to the fees
required by the Cler}L of the Circuit Court.
3.07 Revision of ti'la.t after Ap:roval. No changes, erasures,
modifications or revisions shall be ma�-e in any final 1;lat of a
subdivision after Council approval has been given, unless the final
p1t is resubmitted for new approval.
SECTION 4 -- GENERAL PROCEDURE FOR FILING PLATS.
4.01 Preparation of Preliminary Plat. The preliminary plat
shall be prepared by a Surveyor properly retained by the Developer
and shall show, as a minimum, the following:
a. Proposed subdivision name, which shall not be the
same in spelling or alike in pronunciation with any other subdivision
in the City.
b. The section, township, and range in which the sub-
division is located, together with a legal description of the
area proposed for subdivision.
c. The name and address of the owner of record, mortgage
holder, or any other person having any right, title, interest, or
lien in the proposed subdivision together with a statement from
such owners,mmrtgageholders, or any other person having any right,
title, interest, or lien that they will join in the dedication of
the proposed subdivision.
d. The names of all subdivisions and the names of the
owners of record of acreage immediately adjacent to the proposed
subdivision.
e. The name, registration number, and place of business
of the Surveyor pre;a.rinC the preliminary plat.
I . The names and right-of-way widths of all streets
within the immediately adjacent areas.
''he date of preparation, scale, andlort)1 point.
0' h. Location, name, and riht-of-way width of all pro-
posed easements within the area to be subdivided.
i. 12he location, width, and purpose of all existing ease-
ments of whatever nature within the area to be subdivided and
immediately adjacent thereto.
j. The location, sizes, etc., of all existing sewers,
water mains, overhead or underground utilities.
k. The zoning district, or districts, of the :;roposed
plat. Uhere changes in the zoning districts are required to effectu-
ate thepurpose of the proposed subdivision, proof of application
for the required zon-n�; changes must be submitted concurrent with
the preliminary plat.
1. The scale of the preliminary plat shall be not less
than 1 inch to 200 feet.
m. Minimum lot sizes shall be as follows:
(1). lig 'here neither public water or sewage services
are provided, no lot shall be less than 10,000 square
feet and minimum lot widths shall be no less than �J �
7
feet at the building setback line.
(2). If either or both public water or sewage
services are provided, no lot shall be less than
8,250 square feet and minimum lot widths shall be no
less than 75 feet at the building setback line.
(3). Corner lots shall be 10 feet wider than
interior lots.
(4). Drainage easements may not be included in
minimum area requirements.
n. If the property to be subdivided borders upon any
of the public waters within the City, the bulkhead line established
and approved by the City shall be clearly delineated within
appropriate areas of the proposed subdivision.
o. Permanent reference monuments shall be shown and
subsequently installed at all block corners,and at all points of
curvature, points of reverse or compound curvature, and at all
points of tangency occurring within block limiting lines.
p. Block perimeter returns at block corners or other
block line intersections shall be stated in terms of tangent
distances of five (5) foot intervals, with a minimum tangent
distance of twenty (20) feet.
4.02 Preparation of Development Plan. The development plan
shall be prepared by an Engineer and shall contain as a minimum,
the following:
a. A contour map, to U. S. Coast and Geodetic Survey
datum, with contour intervals being either one, two, or five feet,
depending on terrain conditions, of the area proposed for sub-
dividing and of a perimeter strip at least 150 feet in width
around the area.
b. Superimposed on the contour map shall be the street
and block layout proposed by the preliminary plat and on which
shall be indicated natural and -proposed water courses, with the
direction of all runoff flow indicated by arrows. Proposed water
course invert elevations shall be shown at all points where the
direction of flow makes an angular change or where there is an
abrupt change in cross-section areas. Culverts shall be designated
as to ty;e, size, and invert elevations, with the drainage area
served by each culvert calculated to plus or minus 0.1 acre. The
ultimate disposition of all runoff shall be indicated and calcula-
tions made to demonstrate there is sufficient capacity for the
reception of such runoff in the disposal water course or area.
c. Typical cross-sections of all street grading and
paving and of all water courses.
d. The finished center li;-,e (crown) elevation of all
roads shall be shown at all intersections and at all intermediate
points of grade changes. (',there necess$ry, for clarity, the
City Engineer shall require that profile sheets be submitted
for this item).
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e. The proposed method of water supply and sewage dis-
posal. If sewage disposal is b_- septic tank, the suitability of
the soil to receive such wastes shall be determined by the Florida
State Board of " ealth and a re_ort of its findings shall accom any
the develop ment lan. If either water supply ly or sewage dis :_;osal
is by a public system, strict adherance to ayplicable Florida
Stale Hoard of 1-1ealth rules and re, u':_atioi-_s will be required and
schematic layouts of such s�Irstems must a.ccoo-a ;a,ny the develo p lent
plan. Council alproval of the develol; ent flan will be cont_.r_gent
on Florida Mate Doard of health approval of water and sewage
systems. If water supyply or seviage facilities are available as a
public service, the Council may require the installation of
a-propriate facilities within the subdivision, the cost to be borne
by the developer.°1
f. If the proposed subdivision is of such size that its
development will be undertalren in increments, those increments and
their order of development shall be indicated. `.there increments
of higher elevation are undertaken before those of lower elevation,
ultimate storm water disposal courses in the lower increments must
be concurrently developed.
erosion
E. Typical details of drainage and/control structures.
h. The name, registration number (seal), and place of
business of the 2,ngineer preparin,r; the development ',lan and its
suDportin enr-ineerin� data.
i. Specifications for each phase or feature of the
development plan.
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j. All of the features of the development plan shall be
regulated by the discretion of the City -,n`„i neer who shall be
governed by acceptable engineering practices and opinions as they
may relate to the work. In the event of disagreement, the
Developer may appeal to the Council for clarification and the
Council's decision shall be final.
4.03 Two (2) copies of the preliminary plat and of the develop-
ment plan, together with all supporting data may be submitted to
only the City Clerk at any tine.
If it is determined that compliance with this Ordinance
has not been effected, the submission will be returned to the
Developer for correction and re -submission.
If it is determined that the preliminary plat and the
development plan are in accordance with this Ordinance, the sub-
mission will be referred to the Council for approval action. Follow-
ing such approval by the Council, the Developer may proceed to
complete the subdivision and install all of the improvements shown
on the development plan; and, after their completion, prepare a
final plat for recording. One (1) copy of the submission will be
endorsed with the approval of Council and returned to the Developer.
Or, the Developer may, in lieu of the com-letion of the
improvements, post a bond executed by a surety company authorized
to do business in Florida, to guarantee that within twelve (12)
months following, all the work contemplated, but not completed, in
the preli,�inary plat, the development plan, and these regulations,
copies of which shall be attached to and made a part of the bond
agreement, will be completed.
The bond shall be in fgvor of the City and provide sufficient
surety for the following:
a. mhe cost to c >in lete all of the required surveying,
computations, drafting, etc., including the installation of
and bench masks, incident to the final plat. an assignable contract
between the '7eveloper and his Surveyor may be used to substantitate
this amount with the understanding; t',at in ease of default on the
bond the Council may require the Surveyor to com-y_)lete the required
survey work at no increase in the ,;rice schedule provided.
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b. The cost to complete all of the required engineering
supervision and inspection incident to the development plan. An
assignable contract between the Developer and his Engineer may be
used to substantiate this amount with the understanding that, in
case of default on the bond, the Council may require the Engineer
to complete the required engineering work_ at no increase in the
price schedule provided.
c. The cost to complete all of the improvements contem-
plated by the development plan. Either an estimate prepared by
the Developer's Engineer, the lowest of three competitive bids from
qualified contractors, or an assignable contract, will be accepted
as satisfactory evidence of the cost of the work_.
d. To the total of items a,, b, and c, shall be added 15;
for contingencies.
If the required bond is not furnished or the work started
within sixty (60) days following approval by the Council of the
preliminary plat and development flan, the approval shall be auto-
matically voided.
One twelve month's extension of the bond may be -ranted
at the discretion of the Council, but not more than one twelve
month's extension shall be granted.
If the work is not completed within the ti_l_e limits
established by the bond, the City shall proceed with the work and
hold the Developer and his surety jointly and severally responsible
for the cost thereof.
As an alternate to the bond, the Developer may deposit
a certified check or cash in the total amount of the require bond
with the City Clerk, City of Sebastian, Florida.
SECTION 5 -- FINAL PLAT AND RELEASE OF BOND.
5.01 After compliance with all the terias and conditions of
this Ordinance, the final plat shall be prepared. It must conform
with the preliminary plat and incorporate the changes or modifica-
tions required in connection with the approval thereof. The final
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plat shall conform to the requirements of Chapter 177, Florida
Statutes and applicable provisions of this Ordinance. All mortgage
holders or others with any right, title, interest, or lien shall
subscribe to the dedication. (A check sheet embodying these require-
ments may be obtained from the City Clerk).
Vfhen requesting approval of the final plat, the Developer
must present evidence to indicate that all City and County taxes
have been paid. If current year taxes have not been determined,
the payment of an irrevocable deposit of an amount equivalent to
125;, of the next preceeding year's taxes with the Tax Collector
will be considered as compliance with this requirement. When correct
tax amounts have been determined, any excess will be refunded and
any deficiency must be met.
After its preparation, the final plat may be submitted to
the City Clerk for final Council approval following which the plat
may be recorded at the office of the Clerk of the Circuit Court.
Two (2) cloth prints, four (4) paper prints, and one (1) reproduc-
ible print of each plat, or separate page thereof, shall be
furnished the City Clerk. The reproducible print shall bear all
required signatures and carry the filing docket data of the Clerk
of Court.
5.02 As a condition for the final release of the Developer from
his bond, or for the release of any cash securities deposited with
the City Clerk, the followi.g must be furnished:
a. A statement from the Developer's Engineer that all
work has been completed in strict accordance with the approved
development plan and appropriate spectifications.
b. Evidei}ce by reference to plat book and page that the
approved find,l plat has been filed.
c. A statement from the City Tngineer that he has found
the work_ to be in accordance with the general 1;rovisions of the
development plan.
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d. The submission by the Developer's Engineer to the
City Engineer of a complete set of "as built" drawings together
with operating manuals and parts' lists for any mechanical install-
ations made.
e. A statement by the Developer's Surveyor that he has
completed all the survey work required and that all indicated
P.R.M.'s have been installed.
f. A release from the Contractor, Engineer, Surveyor, or
any other person or persons performing any service or furnishing
any material for the subdivision that they will not file a lien on
the subdivision for non-payment of service or material charges.
SECTION 6 -- RIGHTS-OF--VJAY, PAVING REQUIREMET�TS, ETC.
6.01 Minimum right-of-way widths shall be as follows:
a. State and County Roads: As required by either the
State or County road Department, but not less than fifty (50)
feet each side of center line.
b. Arterial Streets and Parkways: rorty (40) feet each
side of center line.
c. Limited Access Highways: As required.
d. Collector Streets: Thirty (30) feet each side of
center line.
e.
Cul
De Sacs, Dead End
Streets,
and iIinor
Streets:
Twenty-five
(25)
feet each side of
center
line.
f. Alleys: Ten (1'`) feet each side of center line.
g. Utility Easements: Pive ( 5 ) fee c wJ de at the -rear
of each lot and at such lot sides as may be necessary.
h. Drainage basements: S'-iall be of such widths as are
necessary to adequately accommodate the roposed drainage facilities,
but in no case less than twenty (20) feet.
6.1'2 General requirements, street layout, as follows:
a. `-he arranement of streets in new subdivisions shall
make provision for the continuation of tree existing streets in
adjoining areas.
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b. `there adjoining areas are not subdivided, the arrange;
ment of streets in new subdivisions shall make y. rovision for the
proper projection of Streets.
c. `,Then the subdivision adjoins unsubdivided land, then
the new streets shall be carried to the boundaries of the land
proposed to be subdivided.
d. Street jogs with center lire offsets shall be avoided.
e. Dead end streets shall be avoided, but where necessary,
they shall be provided at the closed end with a turn -around for
an outside roadway diameter of at least eighty ()0) feet and a
street property line diameter of at least one -hundred (100) feet.
f. 11here a subdivision abuts or contains an existing
arterial street, the City may require marginal access streets or
other such treatment as may be necessary for adequate protection
of residential properties and to afford separation of through
and local traffic.
g. The intersection of more than two streets at one
point shall be avoided except where it is impractical to acquire
a proper street system otherwise. Streets shall intersect one
another at an angle as near to a right angle as ossible.
h. 'There a tract is subdivided into parcels larger than
ordinary building lots, such Marcel shall be arranged so as to
allow the openii,e of future streets, extension of required ease-
ments for public utilities, and logical further resubdivision.
i. Reserve or nuisance strips controlling access to
streets or interfering with extensions of streets or public ease-
ments are prohibited.
j. Half streets are prohibited except where the whole
street width is not owned by the subdivider or is not dedicated to
the public.
k. Existing platted or dedicated streets within the sub-
division or adjacent thereto shall be treated and considered as if
the same were being opened up and proposed by the subdivider unless
the City shall find and determine that the existing street meets all
the present requirements of the City.
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1. Private streets may be provided, provided that City
finds that the same will not be required as public streets in the
over-all City plan. There shall be no maintenance or improvements
of private streets by the City.
m. The street arrangement shall not be such as to
cause hardship to owners of adjoining property in platting their
own land and in providing convenient access to it.
n. The complete right-of-way is to be cleared of all
trees, etc., and only on specific approval by the Council may any
trees be left in the right-of-way.
6.03 Pavement Requirements and Widths:
a. Arterial Streets and J'ara<ways :
(1) The sub -grade s�,all be stgbilized to a, width
of one (1) foot wider each side than the proposed pave-
ment.
(2) Minimum widtl of pavement to be twenty-four (24)
feet, except when a divided street is constructed, then
the minimum width of each lane shall be sixteen (16) feet.
(3) The sub -grade shall be stabilized with a suit-
able material to a minimum depth of eight (3) inches for
a bearing value of at least fifty (50) pounds per square
inch, except in the case where the road is to be constructed
on non -stable soil; then at the discretion of the City
Engineer the thickness of the stabilization shall be
increased.
(4) If, in the opinion of the Developer's Engineer
and with the concurrence of the City T'ngineer, the bear-
ing value of the sub -grade as it exists meets the above
requirements, it shall not be necessary to add other
materials to the sub -grade for stabilization purposes.
(5) The base material for the pavement is to be
composed of limerock to meet State Road Department speci-
ficitions, and the thickness is to be not less t' _an
six (6) inches compacted.
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b. Other Streets: All other streets shall be constructed
of either six (6) inch compacted thickness of soil cement or four
(4) inch compacted thickness of sand -asphalt plant mix paving to
State Road Department specifications, the suitability of either
type to be as determined by the City Engineer, to a minimum width
of eighteen (13) feet.
c. _iinimum wearin surface for any road type shall be
a double surface treatment to meet state Road Department specifica-
tions.
d. Alternate types of minimum wearing surfaces, base
courses, and subgra,de which, in the opinion of the City :engineer,
are equal to or superior than talose s_,-ecified above may be approved.
Aa'plications for suc'i a_ proval shall be in writing and small con-
tain sufficient data to substantiate equality or superiority.
6.04 Dridges, Culverts, and Jsrosi0n Control:
a. Bridges: Tiinimum tiridth of bridges is to be twenty-
four (24) feet. All bridges are to be of pernanent construction.
Load capacity not less than H-15. Se;.,arate plan for all bridges
to be approved by the City prior to their construction.
b. Culverts: Culverts shall be of such size to provide
adequate drainage opening and sufficient length to extend beyond
the shoulder lines of the road. Culverts shall be fully coated
C.i.P., concrete pipe or built -in-place concrete box culverts.
c. Adequate measures, including rip -rap, sprigging, etc.,
shall be taken to prevent scour and erosion in drainage courses,
shoulders, back -slopes, etc.,
6.05 Supervision of Construction:
a. Insnections: The City engineer or his representative
shall ins_,eet each phase of road construction on its completion at
the request of the Developer.
b. A:-prova.l: Clearing, grading, stabilization, paving,
and drainage facilities shall be approved by the City Engineer or
his representative.
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1e inspection of each phase of the work will be
made without cost to the Developer. ';There repeat inspections are
required, a charge of 4;15.00 will be made to the Developer.
6.06 Testing of Materials:
The Developer shall retain a reputable recognized commercial
laboratory who shall certify to the City that all materials entering
into the completed work are in accordance with these specifications.
Where the pavement base is to be Soil Cement, the labora-
tory shall furnish a report coverinZ the blending of soil materials
with cement materials prior to base construction.
A report of the laboratory shall be required covering
each phase of the completed paveaents.
6.07 iaintenance:
a. u.on con :letion of all worl_, the Develo errs 'dngil eer
shall submit to the City 'ngineer a Certificate of Completion
stating that the work has been entirely completed, that it was
constructed under his su;ervision, and that it conforms to the
development plan and these regulations.
b. 7,1hen the City '_'ngineer has made a final inspection
and has approved the wort, the City will assume the maintenance
of the roads, streets, and drainage facilities related to the sub-
division. However, any failures due to faulty or improper materials
and/or workmanship which occur during the first year -following
such acceptance shall be repaired by the Develozler. Provisions
for this requirement shall be made a part of construction contracts.
C. acceptance for maintenance may, at the recommendation
of the City ''tgineer and a proval of the Council, be made in
reasonable ,?sable increments of the work. However, the acceptance
of such increments shall not release the Develoy.er from any other
of the obligati ons _Llposed on slim b-, these re,, ulations.
5.03 I'iscella.neous :
a. '-,'he Developer must establish one (1) goeraanent bench
marls_ of elevat__on at sea. level datum for eac'1 _�_orty (4�)) acres or
fraction thereof. i.'onuments for t'lese bench marcs shall be
Err x 611 taperinC- to 1011 X 1011, tr11t a minimuil lent 1 of 3011 a.�id
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provided with a suitable permanent metal cap. The monument
shall be set flush with the finished grade in public areas (ri`
of -way, etc.,) and adequately referenced. After placing, all
pertinent data pertaining to these bench marks shall be furnished
the City Engineer.
b. Permanent street markers shall be provided at all
street intersections. The -type and style shall be as approved by
the City Engineer.
SECTION 7
All plats so approved by the Council shall be endorsed
jbJ-r
r the City Cle'1-. The form of endorsement shall be as follows:
"Approved by the City Council, City of Sebastian,
Florida, this 9th day of Nov. A. D., 19 59 .
Attest:
( Signed ) Joe E. ',Marren
City Clerk Mayor
SECTION 8
The Council may authorize a variance from these regula-
tions when in its opinion undue hardship may result from strict
compliance. In granting any variance, the Council shall prescribe
only conditions that they deem necessary to or desirable for the
public interest. In making its findings, the Council shall take
into account the nature of the proposed use of land and the exist-
ing use of land in the vicinity, the number of persons to reside
or work in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic, the public health, safety, and
convenience conditions in the subdivision and in the vicinity thereof.
SECTION 9
All Ordinances or parts of Ordinances in conflict here-
with are hereby repealed.
SECTION 10
Should any part or portion of this Ordinance be for any
reason found or declared to be unconstitutional or unenforceable,
it shall not affect or impair the -remaining parts or portions of
said Ordinance.
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