HomeMy WebLinkAboutArticle XIXARTICLE XIX: SUBDIVISION
SECTION 544-19.1: APPLICABILITY
A. Purpose. The purpose of this ordinance is to assist implementation of the City of Sebastian
Comprehensive Plan by establishing procedures and standards for the development and subdivision
of real estate within the City of Sebastian, in an effort to, among other things:
1. Provide proper legal description, identification, installation of monuments and recording of
real estate boundaries;
2. Aid in the coordination of land development in the City of Sebastian in accordance with
orderly physical patterns;
3. Discourage haphazard, premature uneconomic or scattered land development;
4. Provide safe and convenient traffic control;
5. Encourage development of an economically stable and healthful community;
6. Develop adequate utilities;
7. Prevent periodic and seasonal flooding by providing protective flood control and drainage
facilities;
/O'l� S. Protect environmentally sensitive areas.
9. Provide for management and/or protection of water resources; provide public open spaces
for recreation;
10. Require the installation of adequate and necessary physical improvements, and provide that
the purchaser of land in a subdivision has access to necessary improvements of lasting
quality.
11. Avoid impacts and costs resulting from haphazard subdivision of land and the lack of
authority to require installation by the applicant of adequate and necessary physical
improvements; and
12. Require development equipped with lasting improvements in keeping with the topography
and other site conditions.
13. Encourage aesthetically acceptable development.
14. Protect privacy.
B. Conformance Required. No subdivision of a tract of land anywhere in the incorporated area of the
City of Sebastian shall be created except in conformance with this ordinance. No subdivision shall
be platted or recorded and no lot shall be sold from such plat nor shall any building permit be issued
unless the subdivision meets all the applicable laws of the State of Florida and has been approved in
100"N accordance with the requirements of the City of Sebastian as herein established.
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Chapter IV: Administration of Plan Review and Subdivisions Article XIX: Subdivision
C. Lot Splits and Subdivisions. All future divisions of land within the corporate limits of the City of
/00101\ Sebastian shall be classified as either a "lot split" or "subdivision" as defined herein, and shall be
subject to the regulations of this code as they apply.
1. Lot Split. Any division of a lot or tract in a platted subdivision into two (2) parcels that abut
an accepted street right-of-way and does not require any off -site improvements to any roads,
drainage system or utilities and conforms to the improvements, design, and construction
standards of this Article and Chapter III, Performance Criteria, as may be applicable. Any
tract of land that is divided as a lot split can only be further divided as a subdivision.
2. Major Subdivision.. Any subdivision not classified as a lot split.
D. Adjustments. After consideration and recommendation by the Planning and Zoning Commission,
the City Council may authorize adjustments from this chapter when in its opinion undue hardship
may result from strict compliance. In granting any adjustment, the City 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 existing 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. A fee schedule may be established by resolution of the
City Council.
E. Recording of Plats and Lot Splits. No final plat of any subdivision or lot split shall be recorded in
the Office of the Clerk of the Circuit Court of Indian River County until the subdivision or other
subject change shall have been duty approved by the City in the manner prescribed herein. Any such
/0901 plat or lot split or other record of change in land configuration must clearly display a written
certification demonstrating City approval prior to being duly recorded in the Office of the Clerk of
the Circuit Court of Indian River County. If any unapproved plat is recorded, the City Council will
request that it be stricken from the records.
F. Unlawful Sale or Transfer of Property. It shall be unlawful for anyone who is the owner or agent
of the owner of any land in the City of Sebastian to transfer, sell, agree to sell, convey, or negotiate
to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land
without having recorded an approved subdivision plat as required herein. If such unlawful use is
made of a plat before it is properly approved and recorded, the owner or agent of the owner of such
land shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082
or Section 665.083, F.S.
G. Building Permits Subject to Final Plat Approval and Recording. No building permit, except for
those related to amenities, shall be issued nor shall any City services be rendered until a final plat for
such impacted land has been approved and recorded pursuant to requirements herein stipulated.
H. Creation of Subdivision by Joint Owners of Land. Where it may subsequently become evident
that a subdivision is being created by the recording of deeds by metes and bounds description of
tracts of land, the City may, at its discretion, require all the owners involved to jointly file a plat of
the subdivision being so created or require all owners of record to jointly conform to the applicable
provisions of this Article as are requisite for the issuance of building permits or the furnishing of any
City service.
/dam\ I. Effect on Previously Platted Subdivisions. This Article shall not apply to any land forming a part
of a subdivision created and recorded prior to adoption of this ordinance, but it shall apply to any re -
subdividing of each prior subdivision and any new subdivision.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XI L Subdivision
J. Effect on Active Subdivision Development. Developments that have received preliminary plat
approval prior to adoption of these regulations and are recorded within one hundred and eighty (180)
days following adoption of this Code shall be exempt from the requirements for subdivision
approval as stated herein. Such developments not having received preliminary plat approval shall be
subject to the regulations as stated herein.
K. Relationship of Deeds, Covenants, and Other Private Restrictions to the Regulations for the
Subdivision of Land. It is not intended by the provisions of these regulations 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 Article imposes higher standards than
imposed by such deeds, covenants, or private agreements, then the provisions of this Article shall
apply. The City shall not be responsible for enforcement of such deeds, covenants, or agreements.
L. Disapproval of Plan. Upon disapproval of any plan, the City Council shall indicate those Sections,
Subsections, and/or Paragraphs of this Article with which the plan does not comply.
SECTION 54-4-19.2: ADMINISTRATION
A. Staff Administrative Review Responsibility. The Planning and Growth Management Department and
other designees acting under the direction of the City Manager shall administer the provisions of this
ordinance.
B. General Responsibility of Planning and Zoning Commission and Mandated Compliance with
Comprehensive Plan and Land Development Code. Prior to the approval of any proposed
subdivision, the area to be subdivided shall be determined by the Planning and Zoning Commission to be
consistent and in compliance with the Comprehensive Plan and Land Development Code applicable to
the land and use under consideration.
C. Burden of Proof and Other Applicant Responsibilities. The burden of proof of all applications, plans,
plats, reports, tests, compliance's, dedications, existence of agreements, liens, mortgages, surety, and
other pertinent documents and instruments shall rest with and be the responsibility of the applicant or his
duly authorized agent as prescribed in these regulations.
D. Hold Harmless Provision. The applicant shall furnish to the City a waiver, release and hold harmless
from all liability and responsibility including provisions for indemnification for any and all damages or
losses caused directly or indirectly by the breakdown, collapse or failure to any buildings, installations or
structures constructed or installed in connection with the applicable development or project.
E. Decisions by City Council and Appeals to Administrative Decisions. The City Council shall render
all final decisions on preliminary subdivision plans and final plats after considering recommendations of
the Planning and Zoning Commission and the report of the Planning and Growth Management Director.
Similarly the City Council shall hear all appeals of administrative decisions regarding subdivision of
land as well as decisions of the Planning and Zoning Commission on subdivision of single lots. Land
development regulations and interpretations or decisions of the City staff or the Planning and Zoning
Commission may be appealed to the City Council.
Administrative procedures for filing requests for adjustments shall be as established in Section 54-
4.19.1(D). In rendering decisions on such requests, the City Council shall base the decision on criteria
cited herein in Section 54-4.19. 1 (D).
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Chapter IV: Administration of Plan Review and Subdivisions
Article XDY: Subdivision
F. Appeals of City Council Action. Any applicant, person, firm or corporation claiming to be injured or
aggrieved by a final action of the City Council may present to the Circuit Court of Indian River County a
petition for a writ of certiorari to review such final action as provided by the Florida appellant rules.
Such petition shall be presented to such court within thirty (30) days after the date of such final action by
the city council. The recommendations and decisions of staff as well as boards, commissions and
committees shall not be deemed to be a part of this final action of the City Council
G. Enforcement. The City Council or any aggrieved person may have recourse to any remedies in law and
equity that may be necessary to ensure compliance with the provisions of this Article, including
injunctive relief to enjoin and restrain any person violating the provisions of this Article and any rules
and regulations adopted herein, and the court shall upon proof of the violation of the Article have the
duty to forthwith issue those temporary and permanent injunctions that are necessary to prevent the
violation of this Article. The City Council in addition to other remedies, may institute any appropriate
action or proceedings to prevent a violation or attempted violation, to restrain, correct or abate such
violation, or to prevent any act which would constitute a violation.
SECTION 544-19.3 LOT SPLIT PROCEDURES.
A. Application. Application for a lot split shall be in a form prescribed by the Planning and Growth
Management Department. The application shall contain the following:
1. A legal description and survey of the lot to be divided;
2. A legal description of the two (2) parcels to be created;
3. A legal description and dedication of any easements for the new parcels;
4. A unity of title, in a form approved by the City Attorney, unifying adjacent parcels and lots if the
division of the original lot results in a nonconforming parcel;
B. Review Procedures. The Planning and Growth Management Director and the City Engineer shall
review all applications for a lot split to ensure conformance with this Code, the Comprehensive Plan, and
the City of Sebastian Code of Ordinances. The lot split may not result in the creation of a nonconforming
lot. All lots created by a lot split shall have area, frontage, width, and depth required by the zoning
district in which said lots are located and shall be reviewed to assure that the lots continue to conform to
the requirements of this Article XIX: Subdivision.
C. Approval. Upon determination that the request for a lot split is consistent with this Code, the
Comprehensive Plan, and the Code of Ordinances, the Planning and Growth Management Department
shall approve the application.
D. Recording. Upon approval of the lot split, the applicant shall record the legal description of the lots
created, any unity of title and any dedication of easement with the Clerk of the Circuit Court.
SECTION 54-4-19.4: EXEMPTIONS
A. Exemptions. The following activities shall be exempt from the provisions of this chapter.
1. Lot Creation. Creation of equal or larger building sites from lots of record.
a. The combination or recombination of all or a portion of previously created parcels of record
where the newly created or residual parcels comply with all applicable zoning district
dimensional criteria or, where applicable, the regulations governing nonconformities.
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Chapter IV: Administration of Plan Review and Subdivisions Article XIX: Subdivision
b. The combination or recombination of all or a portion of previously platted parcels of record are
f"b� exempt where none of the newly created or residual parcels contain less area, width, or depth
than the smallest of the original parcels of record being combined and no streets of any kind or
public easements are created, changed or extinguished.
2. Boundary Settlements. Any conveyance between adjoining landowners if:
a. The purpose of the conveyance is to adjust or settle the common boundary line between
adjoining landowners;
b. The deed of conveyance or other legal instrument states such purpose and is recorded in the
official records of Indian River County; and
c. The resulting parcel(s) conform to the applicable zoning district dimensional criteria..
3. Conveyance to Government. Any division of land for the purpose of conveying land to any
federal, state or local government entity or agency or public utility, provided such conveyance is
accepted by the grantee by an instrument recorded in the public records of Indian River County.
4. Division by order of Court. Any division of land by order of a court of competent jurisdiction.
5. Corrective Instrument. Any conveyance for the purpose of correcting an error made in the
language used in an original conveyance.
SECTION 544-19.5: i A.JOR SUBDIVISION PROCEDURES
(lot) A. Required Pre -Application Procedures. Prior to making application for preliminary plat approval, the
applicant for subdivision approval shall meet with the Planning and Growth Management Department
and appropriate City staff to discuss, informally, preliminary concepts and sketches of the proposed
subdivision and their relationship to these regulations. This procedure is mandatory and is intended to
provide an opportunity for the applicant to receive staff assistance and advice prior to expending funds
for preparing a preliminary plat.
Applicants for a subdivision that is part of a Planned Unit Development (PUD) should reference Section
Section 54-4.20.2 "Conceptual Development Plan" required for PUD districts. These procedures provide
an opportunity for the applicant to become thoroughly familiar with the subdivision requirements and
adopted Comprehensive Plan policies and land development regulations affecting the area in which the
proposed subdivision lies. All applicants requiring a subdivision approval shall be subject to the
following pre -application procedures:
B. Preliminary Plat Procedures. The purpose of the preliminary plat is to present the proposed
subdivision in an exact and precise manner in order that it may be evaluated pursuant to this Code. The
preliminary plat shall be completed and approved prior to the application for approval of the design of
the improvements required by this Code.
1. Preparation of Preliminary Plat. The applicant shall retain the services of a Civil Engineer and/or
Land Surveyor registered in Florida to prepare a preliminary plat of the proposed subdivision. The
plat shall be clearly and legibly drawn or reproduced at a scale no smaller than one (1) inch equals
200 feet (1 "=200') and shall include information as outlined below. Copies of all information shall
be provided in an 8 %z x 11 inch format --the precise number of copies to be determined by the
/0001� Planning and Growth Management Department.
a. Name of subdivision or identifying title which shall not duplicate or closely approximate the
name of any other subdivision in the incorporated area of the city.
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b. North arrow graphic scale and date of preparation. The City Engineer shall approve the scale, but
in no case shall such scale be smaller than one inch equals two hundred (200) feet.
c. Name, address and telephone number of the applicant, owner of record, mortgage holder or any
other person having a legal equitable or beneficial interest in the land together with a statement
from such owners or others having an interest in the land that they will join in the dedication of
the proposed subdivision.
d. The name, business address and registration number of the engineer and/or surveyor responsible
for the plan, plat and supporting data.
e. The names of adjacent subdivisions, if any, and plat book and page reference, together with the
names of owners of record having an interest in such adjacent acreage.
f. A contour map showing ground elevations at intervals of not more than one foot, based on the
United States Coastal and Geodetic Survey datum, of the area to be subdivided and of a perimeter
strip at least fifty (50) feet and up to one hundred and fifty (150) feet in width around the area as
required by the city engineer. Topographical conditions on the subject subdivision including all
the existing watercourses, drainage ditches and bodies of water, marshes and other significant,
natural or man-made features.
g. The name, alignment, and width of all existing and proposed streets, alleys, rights -of -way or
easements, adjacent to or within three hundred (300) feet of the tract including name, right-of-
way width, street or pavement width and established center line elevation. Existing streets shall
be dimensioned to the tract boundary.
h. All existing and proposed property lines, easements and rights -of -way, their purpose, their effect
on the property to be subdivided, and the proposed layout of lots and blocks.
i. Access points to collector and arterial streets showing their compliance to the access requirements
established by this ordinance.
j. All existing drainage district facilities and their ultimate right-of-way requirements as they affect
the property to be subdivided.
k. Utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract including
existing or proposed water treatment plants and sewerage treatment plants. The preliminary plat
shall contain a statement that all utilities are available and have been coordinated with all required
utilities.
1. Sites proposed for parks, recreational areas and schools.
m. The locations of all temporary structures or permanent structures having a temporary use.
Permanent structures having a temporary use shall contain a statement outlining the temporary
use.
n. If the property to be subdivided borders upon any public waters, then the applicant shall
establish the mean high water line and so delineate it on the plat. The applicant shall provide a
plan for stabilizing the shoreline with natural vegetative cover or other environmentally sensitive
manner acceptable to the Department of Environmental Regulation (DER) and the city. The
zone of transition along the shoreline shall also be designated together with plans for preserving
native indigenous plant communities within the zone of transition.
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Chapter IV: Administration of Plan Review and Subdivisions Article XIX: Subdivision
o. Permanent reference monuments shall be shown and subsequently installed at all block corners,
and at all points of reverse or compound curvature, and at all points of tangency occurring with
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-foot intervals, with a minimum tangent distance of twenty (20) feet.
q. A vicinity sketch at a scale no smaller than one inch equals two thousand (2,000) feet, showing
the location of the boundary lines and distance of the land proposed for subdivision in reference
to other areas of the city. The section, township, and range of the site and the legal description of
the site shall also be included.
2. Required supplemental information. The following information shall be submitted with the
preliminary plat:
a. Existing land use policy and proposed policy changes. Submit existing comprehensive plan
designation and zoning classification of the property in question. Any proposed change in such
classifications shall be made known to reviewing bodies by presenting proof indicating that of
any required applications for attaining such policy changes have been submitted.
b. On -site wastewater disposal data. When a public sewage disposal system is not available, the
suitability of the soil to support on -site disposal shall be determined by the Florida State Board
of Health and a report of its findings shall be submitted to all reviewing bodies. An adverse
report by the Florida State Board of Health shall be deemed as sufficient grounds for disapproval
of the proposed subdivision or portion thereof. Any subdivision being denied on such grounds
/10� shall not be reconsidered until the requirements of the Florida State Board of Health are met.
c. Surface water management plan. A master stormwater management plan outlining the
primary and secondary drainage facilities needed for the proper development of the subdivision
shall be submitted as part of the subdivision application. The master surface water management
plan for the subdivision shall comply with all applicable requirements of the surface water
management performance criteria set forth in Article XII.
d. Traffic impact analysis. The traffic impact analysis shall be prepared by a professional
engineer and shall be used to determine the number of lanes and capacity of the street system
proposed or affected by the development and the phasing of improvements.
e. Required park land and/or facility improvements.
f. Required potable water improvements.
g. Required wastewater improvements.
h. Erosion and sedimentation control improvements.
i. Reference to required specifications.
j. Schedule of multiple phases if appropriate. If the proposed subdivision is of such size that its
development will be undertaken in increments, those increments and their order shall be
14"111) indicated. Where increments of high elevations are undertaken before those of lower elevation,
ultimate stormwater disposal courses in the lower increments must be concurrently developed.
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Chapter IV: Administration of Plan Review and Subdivisions
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k. Amenities development plan. All amenities shall be depicted on the preliminary
plat/preliminary development plan identifying the phases, if any, in which the amenities will be
constructed. No building permits for lot development will be issued until the amenities are
constructed in accordance with the amenities development plan. In lieu of the above, the City
will issue building permits if the developer submits to the City a guarantee, as outlined below, to
insure all amenities will be constructed.
Additional guarantees. Guarantees in the amount equal to one hundred ten (110) percent
of the sum of engineering and construction costs based on the applicant's engineer's estimate
or contract bid prices. The guarantee shall be in one of the following forms:
i. Cash deposit.
ii. Personal bond with irrevocable letter of credit.
iii. Surety bond (having a Best's rating of AAA).
3. Filing Fee. Upon filing the preliminary plat with the Planning and Growth Management
Department, the applicant shall submit a fee that shall be determined by the resolution of the City
Council, payable to the City of Sebastian. The fee is not reimbursable but is to help defray the cost
of administering and processing the preliminary plat.
4. Review Procedures. The Planning and Growth Management Department shall coordinate the
review of the preliminary plat and supplemental information as to their completeness and specific
conformance with this ordinance. The Planning and Growth Management Department shall inform
the applicant's engineer or agent whether the plans and/or plat as submitted meet the general provi-
sions of this ordinance. The timing of review procedures and requirements governing the number of
documents to be submitted and related fees, shall be determined by resolution of the City Council.
a. When the staff finds that the preliminary plat and required data do not meet provisions of this
ordinance, the applicant shall be so advised in writing as soon as practicable concerning what
corrections or revisions are necessary to meet the provisions of this ordinance. Upon receipt of
such findings, the applicant shall make the corrections or revisions and resubmit the preliminary
plat and required data to the Planning and Growth Management Director for review of the
amended plan. If the applicant chooses not to provide the corrections, revisions, or other
information requested by staff, the Department shall at the request of the applicant forward the
application to the Planning and Zoning Commission accompanied by the staffs comments,
including documentation of unresolved issues.
b. When the Planning and Growth Management Director and City Engineer have completed staff
review, written recommendations shall be submitted to the applicant and the subdivision
application will be scheduled for the next step or steps in the review process.
c. Subsequent to receiving a staff recommendation, the application shall be scheduled for the next
available regular meeting of the Planning and Zoning Commission. Prior to the Planning and
Zoning Commission's review, the applicant shall submit copies of the preliminary plat and
required data to the Planning and Growth Management Department. The Planning and Zoning
Commission may consider the physical characteristics of the property, the availability of
community services, traffic impact, economic impacts, appropriateness of the type and intensity
of the proposed development, existing and future development, existing and future development
patterns, Land Development Code, relationship of the project to the City's capital improvements
program, or other such factors as may relate to the Comprehensive Plan or elements thereof. The
Planning and Zoning Commission shall make a written recommendation to the City Council on
the development.
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Chapter IV: Administration of Plan Review and Subdivisions Article XI: Subdivision
d. Subsequent to receiving recommendation(s) from the staff, the Planning and Zoning
Commission and other reviewing entities, the application shall be scheduled for City Council
review. Prior to the City Council's review the applicant shall submit the appropriate number of
copies of the subdivision preliminary plat and required data. The applicant may tender changes
to the application to correct deficiencies identified by the Planning and Zoning Commission
prior to forwarding the application to the City Council. During its review, the City Council shall
consider the written recommendations of the City staff, the Planning and Zoning Commission,
any other reviewing agencies, and presentations from the public. The City Council may approve
or disapprove the preliminary plat and required data. When an application is disapproved, the
City Council shall state the reasons for disapproval and indicate what further actions, if any, by
the applicant may be undertaken to secure the City Council's approval.
e. When a proposed development is a Development of Regional Impact (DRI) as defined by
Section 380.06, FS, the public hearing requirements for a DRI shall be determined by Florida
Statutes. Copies of all plans, reports, maps and other documents required by the regional
reviewing agency shall be submitted to the Planning and Growth Management Director if the
proposed development is a DRI.
f. Following City Council's approval of the preliminary plat and required data, the applicant shall
be authorized to proceed with the application for construction approval required by this
ordinance.
C. Construction Approval Procedures. After the City Council's approval of the preliminary plat, the
applicant may apply to the City Engineer for construction design approval. The City Engineer shall
review and approve the design of the required improvements. No construction shall be initiated until the
required design improvements have been approved pursuant to this section
1. Fee for Construction Approval. Upon filing application for construction approval, the applicant
shall pay to the City of Sebastian a processing fee, the amount of which shall be determined by
resolution of the City Council in order to help defray the cost of processing.
2. Timing of Required Improvements Design Approval Submission. Application for required
improvements design approval shall occur within twelve (12) months of the approval of the
preliminary plat by the City Council. Application for approval of subsequent phases, if any, shall
occur within twelve (12) months of the issuance of a certification of completion of the previous
phase. Failure to submit for construction approval within the specified amount of time shall require
reapplication under the preliminary plat section of this article. The applicant may not apply for
construction approval for any portion of the preliminary plat that is not to be constructed within the
following eighteen (18) months.
Failure to make application for construction approval within the required time periods may result in
the revocation of a preliminary plat unless the applicant has applied for an extension from the City
Council prior to the lapse. The request for the extension must be made in writing and filed with the
Planning and Growth Management Department a minimum of ninety (90) days prior to the
expiration date. The applicant shall demonstrate good cause for the extension. The City Council
shall consider the request at a meeting and may extend the prescribed time period up to twelve (12)
months if the City Council finds that the applicant has progressed in good faith toward the
implementation of the preliminary plat.
3. Contents of the Application. Specification for all required improvements shall be submitted and
subject to the standards set forth in Section 54-4-19.10.
4. Review by Staff. The Planning and Growth Management Department shall distribute copies of the
application and supporting data to the City Engineer and appropriate staff for review.
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5. Approval. The City Engineer must find that the proposed construction is in compliance with the
approved preliminary plat and the requirements of Sec. 54-4-19.10. The City Engineer may
approve, conditionally approve, or deny the application for construction approval. Upon approval,
the applicant may proceed with construction of the required improvements.
Appeal of the City Engineer's action shall be made to the Planning and Zoning Commission. Such
appeal shall be filed with the Planning and Growth Management Department within ten (10) working
days and the appeal shall be placed on the agenda of the next Planning and Zoning Commission
meeting.
6. Unconstructed Previously Approved Plats. The approval of the construction for plats approved
prior to the effective date of this ordinance, which have not been constructed, shall follow the
procedures in this section.
D. Subdivision Final Plat Approval Procedures. The following regulations apply to final plat approval
procedures. Application for approval of a final plat shall be filed with the Planning and Growth
Management Department. All required supplementary materials shall accompany the final plat,
including certified as -built construction drawings, or the legal instruments demonstrating specific
performance guarantees. No final plat shall be approved by the City Council and no plat shall be
recorded until the required improvements have been installed or performance guarantee posted pursuant
to the requirements of this Article. No such required improvements including streets, drainage and other
required facilities shall be accepted and maintained by the City, unless and until the same, including the
final plat, have been duly inspected and recommended for approval by the Planning and Growth
Management Director and the City Engineer. In addition, the City Attorney shall review all performance
guarantees and the legal content of all final plats.
1. Applicant's Responsibilities. The applicant shall comply with the following procedures.
a. Fee for Final Plat. Upon filing application for final plat approval, the applicant shall pay to the
City of Sebastian a processing fee, the amount of which shall be determined by resolution of the
City Council. In addition, the applicant shall pay all fees associated with the City's Surveyor
review in accordance with the requirements of Chapter 177, Florida Statutes.
b. Timing of Final Plat Submission. Failure to submit the final plat within eighteen (18) months
following approval of the preliminary plat shall require reapplication under the Preliminary Plat
section of this Article unless the City Council grants specific extension of time. In phased
subdivisions, time restriction shall be established at time of preliminary plat approval. The
timing of Planned Unit Development final plat submittal requirements shall control in case of
conflict with provisions herein set forth.
c. Required Compliance. The final plat shall conform to the approved subdivision preliminary
plat and approved construction permit, and shall meet the legal requirements of platting as
defined by Chapter 177, Florida Statutes, as amended, and shall consist of a fully executed
correct plat map, meeting all State and City standards, final engineering drawings and auxiliary
submittals, and all required legal instruments. Notwithstanding, the final plat shall constitute
only that portion of the approved preliminary plat that the applicant proposes to record. When
an application is disapproved, the City Council shall state the reasons for disapproval and
indicate what further actions, if any, by the applicant may be undertaken to secure the City
Council's approval.
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Chapter IV: Administration of Plan Review and Subdivisions Article XIM- Subdivision
d. Content of Final Plat. The final plat shall include one original to be drawn or printed on 24 x
/001� 36 inch mylar or other approved material and two copies of the final plat and of all other
required data. Copies of the final plat shall also be provided in an $%z x 11-inch format. The
final plat shall be prepared by a Professional Surveyor Mapper (PSM) and is to be clearly and
legibly drawn with black permanent drawing ink. The final plat shall be prepared in accordance
with the provisions of Chapter 177, Florida Statutes, as amended.
(1) Name of subdivision. The plat shall have a title or name acceptable to the city printed in
bold lettering across the top of the sheet. When the plat is a new subdivision, the name of
the subdivision shall not duplicate or be phonetically similar to the name of an existing
subdivision. When the plan is an addition to a recorded subdivision, it shall carry the same
name as the existing subdivision.
(2) Title block. The plat shall have a title block printed in bold legible letters containing the
name of the subdivision; the name of the city, county and state; the section, township and
range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or
addition to an existing subdivision, it shall include the words "section," `unit," "replat,"
"amendment," or similar designation reflecting the same.
(3) Legal description. A full and legal description of the land within the plat shall be lettered
or printed upon the plat. The description shall show the section, township and range in
which the lands are situated or if a land grant, so stated, and must be so completed that from
it, without reference to the map, the starting point can be determined and the boundaries run.
(4) Index sheet. If more than one sheet is required for the map, the plat shall contain an index
sheet on page 1, showing the entire subdivision on the sheet indexing the area shown on each
succeeding sheet and each sheet shall contain an index delineating that portion of the
subdivision shown on that sheet in relation to the entire subdivision. When more than one
sheet must be used to accurately portray the land subdivided, each sheet shall show the
particular number of that sheet and the total number of sheets included, as well as clearly
labeled match lines to each sheet.
(5) Required survey data. The final plat shall fully comply with Chapter 177, Florida Statutes,
and shall show the length of all arcs together with central angles, radii, and points of
curvature. Sufficient survey data shall be shown to positively describe the boundary of each
lot, block, right-of-way, easement, building line and all other areas shown on the plat and all
areas shall be within the boundary of the plat as shown in the description. The survey data
contained on the plat shall also include:
i. The scale, both stated and graphically illustrated, on each sheet.
ii. A north arrow shall be drawn on every sheet, including showing any portion of the lands
subdivided. The bearing or azimuth reference shall be clearly stated on the face or first
page of the plat in the notes or legend.
iii. The point of beginning shall be boldly shown together with the letters "P.O.B." in bold
letters.
iv. All intersecting street right-of-way lines shall be joined by the long chord of minimum
radius of twenty-five (25) feet and all dimensions shall be shown.
v. All adjoining property shall be identified by a subdivision title, plat book and page or if
unplatted, the land shall be so designated.
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Chapter M Administration of Plan Review and Subdivisions
Article XDC Subdivision
vi. Permanent reference monuments (P.R.M.) shall be shown in the manner prescribed by
Chapter 177, Florida Statutes, as amended, and shall be installed prior to submission of
the final plat.
vii. There shall be reserved on each sheet of the plat a three-inch by five -inch space in the
upper right-hand corner to be used by the clerk of the circuit court for recording
information and each sheet shall reserve three (3) inches on the left margin and a one-
half -inch margin on all remaining sides.
viii. The map shall mathematically close within 0.01 foot and shall be accurately tied to all
township, range and section lines occurring within the subdivision by distance and
bearing. In addition, the initial point in the description shall be accurately tied to the
nearest quarter -section comer of section corner or government corner.
ix. The cover sheet or first page of the plan shall show a vicinity sketch, showing the
subdivision's location in reference to other areas of the city or abutting unincorporated
areas.
(6) Lot and block identification. Each lot and block shall be numbered or lettered. All lots
shall be numbered in each block by progressive numbers individually throughout the
subdivision in a clockwise direction starting at the northwest corner of each block of the
subdivision. Blocks in each incremental plat shall be lettered consecutively throughout a
subdivision in a clockwise direction starting at the northwestern -most corner of the
subdivision.
(7) Street names. The plat shall contain the name of each street shown on the plat. Proposed
streets which are in alignment with other existing and named streets shall bear the same
name of the existing street. In no case, except as indicated in the preceding sentence, shall
the name of the proposed street, excluding a numerical system, duplicate or be phonetically
similar to existing street names, regardless of the use of the suffix street, avenue, boulevard,
drive, place, court or similar suffix.
(8) Not -included parcels. "Not -included or "excepted" parcels must be marked "not part of
this plat." Where a not -included parcel is completely surrounded by areas included within
the plat, sufficient easements or rights -of -way shall be provided for access, utilities and
drainage for the not -included parcel. No strip or parcel of land shall be reserved by the
owner unless the same is sufficient in size and area to be of some particular use or service.
The intended use for all reserved areas shall be shown on the plat in note form on the cover
sheet.
(9) Rights -Of -way and easements. All right-of-way and easement widths and dimensions shall
be shown on a plat. The plat shall contain a statement that no buildings or any kind of
construction or trees or shrubs shall be placed on easements.
(10) Restrictions, reservations and restrictive covenants. Restrictions pertaining to the type
and use of water supply; type and use of sanitary facilities; use and benefits of water areas,
canals and other open spaces, odd -shaped and substandard parcels; restrictions controlling
building lines; establishment and maintenance of buffer strips and walls; and restrictions of
similar nature shall require the establishment of restrictive covenants and such covenant
shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted
with the final plat.
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Chapter i,V: Administration of Plan Review and Subdivisions Article M: Subdivision
(11) Private streets and related facilities. All streets and their related facilities designed to
serve more than one property owner shall be dedicated to the public use. Notwithstanding,
private streets shall be permitted within property under single ownership, a property owners'
association or a condominium or cooperative association as defined by Florida law. Where
private streets are permitted, ownership and maintenance association documents shall be
submitted with the final plat and the dedication contained on the plat shall clearly dedicate
the roads and maintenance responsibility to the association without recourse to the city or
any other public agency. The rights -of -way and related facilities shall be identified as tracts
for road purposes under specific ownership.
(12) Certification and approvals. The plat shall contain on the face or first page the following
certifications and approvals, acknowledged as required by State law, all being in the form set
forth by the City Attorney.
i. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the
dedication on the plat. All areas reserved for use by the residents of the subdivision as
well as all areas reserved for public use, including but not limited to parks, rights -of -
way for roads, streets or alleys, utility or drainage easements or right-of-way, together
with all other area lands to be used by the public or subdivision residents shall be
dedicated by the owner of the land at the time the plat is recorded.
ii. Mortgagee's consent and approval. All mortgages, along with the mortgagee's
consent and approval of the dedication, shall be required on all plats where mortgages
encumber the land to be platted. The signature(s) of the mortgagee or mortgagees as the
case may be, must be witnessed and the execution must be acknowledged in the same
manner as mortgages are required to be witnessed and acknowledged. In case the
mortgagee is a corporation, the consent and approval shall be signed in behalf of the
corporation by the president or a vice-president and the secretary or an assistant
secretary, respectively, by and with the authority of the board of directors.
iii. Certification of surveyor. The plat shall contain the signature, registration number and
official seal of the land surveyor, certifying that the plat is a true and correct
representation of the land surveyed under his responsible direction and supervision and
that the survey data compiled and shown on the plat complies with all of the
requirements of this ordinance and Chapter 177, Florida Statutes, as amended. The
certification shall also state that permanent reference monuments, "P.R.M.," have been
set in compliance with this ordinance and Chapter 177, Florida Statutes, as amended,
and the permanent control points, "P.C.P.," will be set under the direction and
supervision of the surveyor within one year from the date the plat was recorded.
When required improvements have been completed prior to the recording of a plat, the
certification shall state the PCPs have been set in compliance with the laws of the State
of Florida and ordinances of the City of Sebastian. When plats are recorded and
improvements are to be accomplished under security posted as provided for by this
ordinance, the required improvements and surety shall include installation of PCPs.
iv. City engineer. The plat shall contain an approval and signature block for the City
Engineer.
v. City's Surveyor. The plat shall contain an approval and signature block for the City
Surveyor.
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Chapter M Administration of Plan Review and Subdivisions Article XIX: Subdivision
vi. City Attorney. The plat shall contain a signature block for the City Attorney
/ 0111\ indicating that the plat and all documents and sureties relating thereto have been
reviewed and approved as to legal form and content.
vii. Mayor and city clerk Prior to filing by the Clerk of circuit court, the plat shall
contain an approval and signature block for the mayor and the acknowledgment and
signature block of the city clerk. Upon adoption of a resolution approving the plat, the
mayor shall execute the plat and the plat shall be presented to the clerk of the circuit
court by the city clerk for recording.
viii. Certification of title. A title certificate shall be contained on the face or first page of
the plat. The title certification shall state:
(a) That the lands as described and shown on the plat are in the name, and apparent
record title is held by, the person, persons or organization executing the
dedication;
(b) That all taxes have been paid on said lands as required by section 197.0151,
Florida Statutes, as amended;
(c) All mortgages on the land and indicate their official record book and page
number. The title certification must be an opinion of an attorney at law licensed
in Florida, or the certification of an abstractor or a title insurance company
licensed in Florida.
ix. Instrument prepared by. The name and address of the natural person who prepared
the plat shall be contained on the plat as required by Chapter 695.24, Florida Statutes,
/'111� "
as amended. The name and address shall be in statement form consisting of the words,
"this instrument was prepared by (name) (address) .
(13) Existing or recorded streets. The plat shall show the name, location and width of all
existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately
tied to the boundary of the plat by bearings and distances.
e. Timing of improvements and/or posting of surety. In addition to the foregoing requirements
and items to be shown on the face of the plat, the final plat, when submitted, shall be
accompanied by a statement of the developer indicating whether the required improvements are to
be constructed prior to the recording of the plat or after recording under guarantees posted with
the city as provided for in this ordinance:
(1) Completion of improvements prior to issuance of building permit. When the
improvements are to be completed prior to the recording of the plat, it shall be expressly
understood that no building permits shall be issued for any structure on a lot wherein the
final plat has not been approved and recorded in a manner prescribed in this ordinance. The
approval to construct required improvements shall not be construed as authority for the sale
of lots in reference thereto.
(2) Surety. When the required improvements are to be completed after recording under
guarantees, as provided in this ordinance, the final plat upon submittal shall be accompanied
by the following:
I� A certified cost estimate shall be prepared by the applicant's engineer and shall include the
cost of all required improvements and/or shall include contract bid for all work required to
complete the required improvements. Such certified costs shall be subject to the approval of
the city engineer.
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Chapter M. Administration of Plan Review and Subdivisions Article XIX: Subdivision
(3) Additional guarantees. Guarantees in the amount equal to one hundred ten (110) percent
of the sum of engineering and construction costs based on the applicant's engineer's estimate
or contract bid prices. The guarantee shall be in one of the following forms:
i. Cash deposit.
ii. Personal bond with irrevocable letter of credit.
iii. Surety bond (having a Best's rating of AAA).
f. Time restriction on development. The applicant may not apply for final plat approval on any
portion of the approved preliminary plat which he does not propose to record and develop within
the following twelve (12) months. Failure to make application for final plat approval of a
development phase or for the issuance of a certificate of completion for a development phase on
an approved preliminary plat within a period of eighteen (18) months from the date of approval of
the preliminary plat may result in revocation of said preliminary plat unless the applicant applies
for an extension from the city council prior to the lapse. The request for extension must be made
in writing to the city council a minimum of ninety (90) days prior the scheduled expiration of the
preliminary plat. The applicant must demonstrate good cause for the extension. The city council
shall consider the request at a meeting and may extend the prescribed time period up to eighteen
(18) months if the applicant presents evidence which demonstrates that the applicant has
progressed in good faith toward implementing the preliminary plat.
g. Submission of final plat. Upon completion of the foregoing requirements, ten (10) prints of the
final plat and two (2) reproducible mylars of the final plat shall be submitted to the city clerk and
be accompanied by the following:
f001� (1) A statement indicating whether the required improvements are to be constructed prior to
recording of the plat or after recording of the plat.
(2) A check payable to the City of Sebastian for the City's Surveyor review in accordance with
requirements as established in Chapter 177, Florida Statutes.
(3) A check made payable to the clerk of the circuit court of Indian River County for recording
the plat in the amount established by that office.
(4) A copy of the homeowner's association or condominium documents if applicable. Such
documents shall indicate the maintenance responsibility for the required improvements and
shall provide for the formation of a special taxing district to assume maintenance
responsibility for the required improvements in the event of the dissolution of the
condominium or homeowners' association.
(5) If the developer elects to construct the required improvements after recording the plat, the
following shall be submitted:
(i) A contract, executed in triplicate, between the city and the applicant for the construction
of required improvements in the form so titled.
(ii) Guarantees of one hundred ten (110) percent of the amount defined in this subsection
54-4-19.5.F(2).
(6) Supplementary material designated by the city, i.e., deeds, easements, etc., when access,
drainage, or utility services cannot be accomplished through platted rights -of -way deeds or
easements to accomplish access, drainage or utility service.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XI - Subdivision
2. Review by Staff. The Planning and Growth Management Director, City Engineer, City Attorney,
1110� and the City's Surveyor, as appropriate, shall examine the final plat as to its compliance with the
Constitution and Statutes of the State of Florida and the ordinances of the City of Sebastian and
shall, in writing, within a required time period, or at such other time as shall be determined by
resolution of the City Council, report their findings, recommendations, or approval to the applicant.
Such action shall be specified in writing.
a. If any deficiency exists, a reference shall be made to the specific Article or Section with which
the final plat does not comply. The applicant upon written notice shall correct any such
deficiency.
b. If the final plat meets the provisions of this ordinance, complies with the Constitution and
Statutes of the State of Florida and the ordinances of the City of Sebastian, the appropriate City
staff as above cited shall recommend approval to the City Council.
c. No revisions to the final plat shall be allowed after it has received City Council approval.
3. City Council Review Procedure
a. Where Required Improvements Constructed Prior to Recording. Upon submittal of the
reproducible final plat, certification and approvals contained on the plat shall be current and the
plat shall be checked as required by this Article prior to presentation to the City Council for
approval.
b. City Council Review Procedure Where Performance Guarantee Posted. In the event the
applicant elects to record the final plat prior to completion of the required improvements under
performance guarantees as provided for in this Section, the final plat shall be presented to the
City Council by the City Attorney accompanied by appropriate legal instruments.
c. Action. Action by the Council shall be taken after receipt of the final plat and supporting data to
the City unless the applicant requests delay. Following the City Council's approval and
acceptance of the required improvements (or the legal instruments comprising approved posting
of requisite performance guarantees), the final plat shall be duly signed certifying that the
development has met all requirements of this Article.
4. Recording Final Plat. After the final plat has been approved and certified and all requirements are
met, the City Clerk shall submit the final plat to the Clerk of the Circuit Court, who shall record only
those final plats that have been approved in accordance with this ordinance. After the final plat has
been recorded the City Clerk shall provide the appropriate copies to the Planning and Growth
Management Director and City Engineer.
E. Schedule of Development Phases. The applicant may schedule proposed development phases within
any proposed subdivision. The scheduled development phases shall have been specified on the approved
preliminary plat and shall be of such a size and design and be scheduled so that all portions completed at
any time can exist independently as a subdivision in complete conformity with the requirements of this
ordinance. Any change in the schedule of phases must receive prior approval by the planning and zoning
commission. If phased, the applicant shall have the option of requesting either final plat approval or the
issuance of a certificate of completion on one or more of the development phases in conformity with all
the procedures and requirements of this ordinance.
F. Final Plat Recording Requirements. The final plats for subdivisions, within the incorporated area of
the City of Sebastian, shall not be recorded until the developer has installed the required improvements
or has guaranteed to the satisfaction of the City Council that such improvements will be installed.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XDC- Subdivision
1. Completion of Required Improvements Prior to Final Plat Recording. In the event the applicant
exercises the right to construct and complete required improvements prior to recording of the final
plat, the City Staff shall have the right of entry upon the property to be platted for the purpose of
inspecting and reviewing the construction of the required improvements during the progress of such
construction. The applicant shall coordinate the construction with the City Engineer. When the
required improvements are complete, the final plat along with the records and data as herein
prescribed shall be submitted by the applicant to the Planning and Growth Management Department
and shall be reviewed by City staff as provided for in this Article. When all requirements of this
ordinance have been complied with, the plat and a completion certificate, shall be presented for
review and approval to the City Council by the City Engineer and Planning and Growth
Management Director, no later than thirty (30) days after receipt of the completion certificate. Upon
such approval, the City Clerk shall submit the final plat to the Office of the Clerk of the Circuit
Court for recording.
2. Completion of Required Improvements after Recording of Plat. When the applicant desires to
record the plat in lieu of prior construction of required improvements, the applicant shall file with the
city surety documents guaranteeing that such improvements will be installed. All guarantees shall be
incorporated in a bonded agreement for the construction of the required improvements in the form
prescribed in the appendix of this ordinance. All agreements, guarantees and documents shall be
subject to approval of the City Attorney and City Council. The guarantee shall be in one of the
following forms unless an alternate irrevocable form is approved in writing by the City Attorney and
is approved by the City Council:
3. Performance Guarantees. A guarantee shall be required from the applicant who chooses not to
install the required improvements prior to final plat approval providing guarantees to ensure the
110� proper installation of required street, utility, and other improvements, in the event of default by the
applicant. The guarantee shall be presented in one of the following forms:
a. Cash Deposit. The applicant shall deposit with the city or place in an escrowed bank account
subject to the control of the city, cash in the full amount of one hundred ten (110) percent of
engineering and construction costs for the installation and completion of the required
improvements. The applicant shall be entitled to receive all interest earned on such deposit or
account. In the event of default by the applicant or failure of the applicant to complete such
improvements within the time required by this ordinance, the city, after sixty (60) calendar days'
written notice to the applicant, shall have the right to use such cash deposit or account to secure
satisfactory completion of the required improvements; or
b. Personal Bond with Letter of Credit. The applicant may furnish to the city a personal bond
secured by an unconditional and irrevocable letter of credit, in an amount equal to one hundred
ten (110) percent of the total estimated cost of engineering and construction for the installation
and completion of the required improvements. The expiration date of the letter of credit shall be
at least three (3) months following the date of certification of all improvements.
The letter of credit shall be issued to the City by a State of Florida or Federal banking institution.
Such letter of credit shall be in the form approved by the City Attorney. In the event of default
by the applicant or failure of the applicant to complete such improvements within the time
required by this ordinance, the city, after sixty (60) calendar days' written notice to the applicant,
shall have the right to use any funds resulting from drafts on the letter of credit to secure
satisfactory completion of the required improvements; or
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Chapter IV: Administration of Plan Review and Subdivisions
Article XDC- Subdivision
c. Surety Bond. The applicant may fiirnish the city a surety bond obtained from a company
having a Best's rating of AAA, guaranteeing that within the time required by this ordinance, all
work required will be completed in full accordance with the plat and all conditions attached
thereto, copies of which shall be attached to and constitute a part of the bonded agreement. Said
bond shall be in the amount equal to one hundred ten (110) percent of the total estimated cost of
engineering and construction for the installation and completion of all required improvements.
In the event of default by the applicant or failure of the applicant to complete such improvements
within the time required by this ordinance, the city, after sixty (60) calendar days' written notice
to the applicant, shall call on the bond to ensure satisfactory completion of the required
improvements.
SECTION 544-19.6: ADMINISTRATION OF CONSTRUCTION
A. Construction Management Plan and Inspection Schedule. In cases where the proposed development
contains two or more phases and/or the project's proposed construction schedule is anticipated to exceed
a period of one (1) year, the applicant shall be required to submit a construction management plan and
inspection schedule as part of the site plan.
1. Content of Construction Management Plan and Inspection Schedule. The construction
management plan shall specify the following:
a. The timing and phasing of construction activities, including specific benchmarks for the
completion of structures accommodating the principal use(s);
b. A schedule of inspections which complies with the City's adopted building codes, including a
program of improvements anticipated to be completed prior to each scheduled inspection;
c. The building permit shall not be valid for a period exceeding two (2) years and no single phase
of development shall extend for a period longer than two (2) years;
d. The schedule shall acknowledge in writing that a new building permit must be obtained
whenever:
(1) Construction is not commenced within six months (180) days from the time the permit was
released;
(2) Construction activity is dormant for a period of six (6) months or more;
(3) The developer fails to call for and achieve approved inspections within planned 180 day
intervals as shall be evidenced in the construction schedule; and
(4) A new phase of a phased development is commenced.
e. The applicant shall acknowledge in writing that the applicant shall bear the burden of
demonstrating that the construction activity is consistent with the site plan and has occurred in a
timely manner consistent with the approved construction management plan and inspection
schedule. The applicant shall fiirther acknowledge that upon failure to meet the inspection
schedule, the building permit shall expire. A new building permit shall be required in order to
undertake construction activity on a site where a building permit has expired.
2. Timing of Adjustments to the Construction Management Plan and Schedule. A building permit
holder shall bear the burden of keeping a construction management plan current. Any event which
440*-1) may cause a delay in the permittee's compliance with the terms of a construction management plan
and schedule shall be brought to the attention of the Planning and Growth Management Director.
Any change in the construction schedule shall be approved by the Planning and Zoning Commission.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XTX: Subdivision
The burden shall be on the applicant to successfully negotiate and effectuate an adjustment to the
construction management plan and schedule prior to a lapse in any scheduled inspection. Such lapse
shall be defined as a failure to complete improvements consistent with the agreed upon construction
and inspection schedule.
B. Construction Commencement. After approval of the construction permit, an applicant may construct
the required improvements subject to obtaining all required permits. The City Engineer shall be notified
in advance of the date of commencement of such construction.
1. Surveillance by the City Engineer. Construction shall be performed under the surveillance of, and
shall at all times be subject to, review by the City Engineer or other representative designated by the
City Manager. However, this in no way shall relieve the applicant and his engineer of the
responsibility for close field coordination and final compliance with the approved plans,
specifications and the requirements of this ordinance.
2. Construction Administration by Florida Registered Engineer. The applicant shall employ a
Florida registered engineer for complete administration of the construction of the required im-
provements. The applicant shall require progress reports and final certification of the construction of
the required improvements from such engineer be filed with the City Engineer.
3. Right to Enter. The City Engineer or his duly authorized representative shall have the right to enter
upon the property for the purpose of inspecting the quality of materials and workmanship and
reviewing the construction of required improvements during the progress of such construction.
4. Progress Reports. The applicant's engineer shall submit .construction progress reports at points of
/ progress prescribed by the City Engineer. The applicant's engineer shall coordinate joint reviews of
the construction with the City Engineer or other designated City staff.
5. Time to Complete. The applicant shall have eighteen (18) months to complete all construction of
the project or phase.
6. Stop Work Orders. The City Engineer shall have authority to stop work upon failure of the
applicant or his engineer to coordinate the construction of the required improvements prescribed by
this Article.
7. Final Inspections. Upon completion of the required improvements the applicant's engineer shall
give the City Engineer not less than three (3) working days' notice to make the final inspection of the
required improvements, landscaping, and sign installations. The Building Director shall have the
authority to withhold or deny approval of CO's relative to buildings and/or structures of a
subdivision until the construction and installation of required improvements of that subdivision have
been satisfactorily completed in accordance with the Land Development Code.
SECTION 54-4-19.7: COMPLETION CERTIFICATE
The required improvements shall not be considered complete until a completion certificate along with the
final project records, including "as built" drawings have been furnished to, reviewed and approved by the
City Engineer. The certificate shall be certified by the applicant's engineer stating that the required
improvements were installed under his responsible direction and that the improvements conform to the
approved construction plans and this ordinance. The applicant's engineer shall also furnish a copy of each of
the construction plans on a high quality, durable reproducible material acceptable to the City Engineer,
showing the original design in comparison to the actual finished work and a copy of the measurements, tests
and reports made on the work and material during the progress of the construction.
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Chapter IV: Administration of Plan Review and Subdivisions Article XTX: Subdivision
SECTION 544-19.8: CONDITIONS FOR RELEASE OF APPLICANT FROM BOND
As a condition for the final release of the applicant from his bond, or for the release of any cash securities
deposited with the City, the following must be furnished:
1. A statement from the applicant's engineer that all work has been completed in strict accordance with the
approved development plan and appropriate specifications;
2. Evidence by reference to plat book and page that the approved final plat has been filed;
3. A statement from the City Engineer that the work has been found to be in accordance with the general
provisions of the development plan;
4. The submission by the applicant's engineer to the City Engineer of a complete set of "as built" drawings
together with operating manuals and parts' lists for any mechanical installations made;
5. A statement by the applicant's surveyor verifying completion of all required survey work and installation
of all required P.R.M.'s; and
6. 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
nonpayment of service or material charges.
SECTION 54-4-19.9: TIME EXTENSIONS FOR BONDED IMPROVEMENTS
All required improvements for a project or each phase thereof shall be completed within twelve (12) months
from the date of approval of the design of the required improvements. Time extensions for demonstrated
good cause may be granted by the City Council upon the recommendation of the Planning and Zoning
Commission. The applicant shall present a written request for extension to the Planning and Growth
Management Department. The City Council shall consider the request at a meeting and may extend the
prescribed time period for up to twelve (12) months if the City Council finds that the applicant has
progressed in good faith toward the implementation of the preliminary plat.
SECTION 544.19-10: ACCEPTANCE AND MAINTENANCE OF REQUIRED EMPROVEMENTS
A. Workmanship and Material Agreement. The applicant shall execute an agreement guaranteeing the
required improvements against defect in workmanship and materials for one year after acceptance of
such improvements by the City Council. Said agreement shall be submitted to the City Engineer along
with the completion certificate and project records.
B. Procedure for Accepting Dedications. The dedication of public space, parks, streets, rights -of -way,
easements or the like on the plat shall not constitute an acceptance of the dedication by the City. The
applicant shall apply to the City Engineer for acceptance of required improvements by the City Council.
The applicant's engineer shall furnish to the City Engineer in writing a sealed and signed certificate
stating that the required improvements have been completed in accordance with the approved plan and
comply with this ordinance and all other applicable codes. Any recommendations for acceptance of the
dedication shall be subject to the inspection and approval of the City Engineer. Action accepting any
dedications shall occur only upon adoption of a resolution by the City Council that shall accept the
subject dedications at such time as all improvements meet or exceed the standards set forth by this
/"k� ordinance
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Chapter IV: Administration of Plan Review and Subdivisions
Article XEC- Subdivision
The City Engineer shall receive notice in adequate time to arrange for inspection prior to the beginning
of construction and at appropriate staged intervals thereafter. The Planning and Growth Management
Director in consultation with the City Engineer may require laboratory or field tests as well as staged
inspections at the expense of the applicant when appropriate. Any failure of work or materials to
conform with the plans and specifications or failure to notify the City in time for indicated inspections
shall be cause for the City Council to reject the facilities.
C. Recommendation. The City Engineer upon satisfactory completion, receipt of the applicant's engineer's
completion certificate, affidavits from all contractors and others who furnished goods and services for
the required improvements acknowledging payment in full therefore, and receipt of the agreement, and a
recommendation of approval of the Planning and Growth Management Director shall certify that the
applicant has complied with all of the provisions of this ordinance and shall recommend to the City
Council the acceptance of the dedications and, when applicable, the maintenance of the required
improvements.
D. Acceptance by the City Council. Upon recommendations by the Planning and Growth Management
Director and City Engineer, the City Council, by resolution, shall approve the subdivision, the
dedications on the plat and the maintenance of responsibilities of the required improvements.
E. Bonds. The required bonds will be reverted to maintenance bonds for one (1) year to guarantee
performance of accepted improvements.
F. Applicants Failure to Complete Required Improvements
1. Premature Recording of Plats (or Failure of Applicant to Complete Required Improvements).
When a plat has been recorded and the applicant fails to complete the required improvements as
required by this ordinance, the City Council shall complete the required improvements under the
guarantees provided by the applicant. In such case, the City Council shall direct the Planning and
Growth Management Director to call upon the guarantees to secure satisfactory completion of the
required improvements. Legal notice of such action shall be deemed to have been duly served upon
posting via Certified Mail Return Receipt Requested. Upon the completion of construction of the
required improvements, the City Engineer shall report to the City Council and the City Council shall
accept by resolution the dedications and maintenance responsibility as indicated on the Plat. In such
cases, the remaining guarantees posted by the applicant shall be retained for a period of one year
after completion in lieu of the agreement. Any defects occurring during this period shall be repaired
using funds remaining in the guarantee.
2. In Cases Where Plat Has Not Been Recorded. Where a applicant has elected to install the
required improvements prior to approval of and prior to recording of the plat and fails to complete
such improvements within the time limitations of this ordinance, all approvals of the subdivision
shall be null and void and the land shall revert to its original state. No reference shall be made to the
plat with respect to the sale of lots or issuance of building permits, unless and until the plat has been
resubmitted with all of the supplementary material and approvals as herein prescribed have been
granted.
SECTION 544-19.11: REQUIRED IMPROVEMENTS AND DESIGN CRITERIA
A. General Design Requirements. The following tangible improvements are required in conjunction
with the development of a subdivision within the City of Sebastian. Improvements shall be
constructed to conform to the requirements and specifications of the City of Sebastian and the
applicable laws of Indian River County and the State of Florida:
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Chapter IV: Administration of Plan Review and Subdivisions Article X1X- Subdivision
(a) Streets;
/40*41\ (b) Easements;
(c) Utility systems;
(d) Erosion control provisions;
(e) Surface water management system according to Article XII;
(f) Street signs and traffic control markings and signs;
(g) Permanent reference monuments;
(h) Rights -of -way;
(i) Tree and vegetation protection.
Each subdivision shall contain the following improvements designed and constructed to conform to
the requirements and specifications in the land development regulations of Indian River County and
the State of Florida if required in the zoning district or other land development regulations applicable
to the subdivision:
1.
Bikeways;
2.
Sidewalks;
3.
Alleys;
4.
Buffering facilities and areas;
5.
Fire hydrants;
6.
Parks and recreational areas and facilities;
7.
Beach access structures and areas, where applicable;
8.
Curbing;
9.
Street lights;
10.
Reserved;
11.
Bridges and culverts when necessary;
12.
Filling and drainage as necessary;
13.
Traffic control devices as necessary;
14.
Header curbs;
15.
Native vegetation preserve areas;
16.
Environmentally sensitive land preserve areas;
17.
Emergency access;
18.
Transportation system improvements (off -site and one -site);
19.
Marginal and limited access easements; and
20.
Other provisions as may be required by land development regulations.
A Florida registered professional engineer shall be employed to design all required improvements including
streets, drainage structures, bridges, bulkheads, and water and sewer facilities.
The following latest editions of FDOT manuals shall serve as guides for design:
Drainage Manual
Standard Specifications for Road & Bridge Construction
Roadway & Traffic Design Standards.
Manual of Uniform Minimum Standards for Design and Construction and Maintenance for Streets
and Highways
Highway Capacity Manual
Manual of Trip Generation ITE
Manual on Uniform Traffic Control Devices (FHWA)
/O"N Guide for Design of Pavement Structures AASHTO
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Chapter IV: Administration of Plan Review and Subdivisions
Article XIX: Subdivision
The design of required improvements shall be accomplished in such a manner that they shall be equal to or
(00tN exceed those outlined in this section. Design data, such as calculations and analysis, shall be submitted along
with the development plans covering important features affecting design and construction.
The required improvements shall be completed prior to recording the plat in the manner prescribed in this
ordinance or the applicant shall submit to the City a guarantee in one of the forms prescribed by this
ordinance to assure the installation of the required improvements.
B. Block, Lots and Buffers
1. Blocks. The length, width and shape of blocks shall be determined with due regard to:
a. Provision of adequate building sites suitable to the special needs of the type of use
contemplated.
b. Zoning requirements as to lot size and dimensions.
C. Need for convenient access, circulation, control and safety of vehicular and
pedestrian traffic.
d. Most advantageous use of topography and preservation of mature trees and other
material features wherever possible.
(1) Block lengths shall not exceed one thousand three hundred twenty (1320)
feet in length between intersecting streets. Greater lengths may be
recommended for approval by the Planning and Growth Management
Director, the City Engineer, and the Planning and Zoning Commission
where special topographical conditions exist.
2. Lots. All lots shall have frontage on a street that has a minimum right-of-way fifty (50)
feet. All lots shall have area, frontage, width and depth required by the zoning district in
which said lots are located. The minimum width of a lot fronting on the inside of curvature
of a street or cul-de-sac shall be measured from a parallel line running through the midpoint
of a perpendicular line extending from the midpoint of the front lot line to the point at which
it intersects the rear lot line. Notwithstanding, lots developed under an approved Planned
Unit Development plans shall be regulated by lot dimension requirements stipulated in the
approved Planned Unit Development site plan. When a subdivision is proposed upon land
with existing structures that are to be retained, lots are to be designed so as not to cause said
existing structures to become non -conforming with respect to building area or lot size.
Access points to single-family lots shall be at least 30' from the right-of-way line of the
nearest intersecting street and at least 175 feet from the nearest right-of-way line of the
intersection of a collector or high density street with another collector or higher
classification street. Access to any lot from an arterial or collector is prohibited, subdivision
will be designed to provide access to lots by use of local or marginal access streets or
approved driveways (non residential subdivision only). Flag lots shall be expressly
prohibited. The entire parent tract being subdivided shall be placed in lots, streets, and other
usable tracts so that remnants and other landlocked areas shall not be created. No lot shall
be divided by a municipal boundary.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XIX: Subdivision
a. Double Frontage Lots. Double frontage lots or through lots shall be avoided
except where essential to provide separation of residential development from traffic
arteries or to overcome specific disadvantages of topography or orientation. Where
double frontage lots are developed they shall be buffered as required by this
ordinance. The required front yard shall be provided on each street on double
frontage or through lots.
b. Corner Lots. Corner lots shall have a width equal to the width required by the Land
Development Code for internal lots, plus the difference between the required front
yard setback and required side yard setback.
3. Buffers, Including Berms, Fences and Landscaping. Screening such as fences, berms and
other landscaping shall be required between incompatible land uses.
a. Screening shall be required on lot lines that border collector or arterial streets. The
plat and planned improvements shall comply with the screening and buffer
performance criteria of Article XIV. Masonry walls or suitable alternatives shall be
provided when noise from adjacent streets is or is judged to be a potential future
problem. Berms or suitable screening may be required between lots, especially
commercial, industrial, or offices, and adjacent incompatible or potentially
incompatible land uses. Along collector or arterial roads suitable screening may be
used instead of a masonry fence if noise from the road will not adversely affect the
proposed use.
b. Buffer zones, either open space or specially vegetated, may be required between
adjacent incompatible or potentially incompatible land uses especially where
problems with building heights, noise, or scenic impairment might be a problem.
Where a buffer screen of decorative masonry, plant materials, fences, berms are
required, or where desired by the applicant and approved by the City, such walls,
vegetative screens, or fences shall be set back at least one (1) foot from the right-of-
way and shall be so constructed that pilasters or fence terminal anchor posts shall be
installed at the corners of each lot in such manner that each property owner might
maintain his own section or provisions shall be made to have them maintained by a
community association or other appropriate private entity.
C. Utilities
1. Easements. Easements shall be located on the interior side of the front property line,
centered on the rear or side lot lines, or as otherwise approved by the City Engineer.
a. Utility Easements. Easements six (6) feet wide along each side of each lot shall be
provided where necessary to accommodate all required utilities across lots and
where possible shall be centered on lot lines with convenient access for
maintenance. Utility easements ten (10) feet wide shall be provided for underground
utilities across that portion of the lot adjacent to a street. Utility easements seven
and one-half (7%2) feet wide along the rear property of each lot shall also be
provided. Additional utility easements may be required by the City when, in the
opinion of the Planning and Growth Management Director in consultation with the
City Engineer, such easements are necessary for continuity of utility service between
developments and where necessary for maintenance and service.
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Chapter IV: Administration of Plan Review and Subdivisions
Article X1X: Subdivision
b. Drainage Easements. Drainage easements shall be provided where necessary at a
width adequate to accommodate the drainage facilities. A minimum of fifteen feet
(15) shall be provided for underground storm drainage installations. Where canals
or ditches are permitted and in compliance with this code, the width shall be
adequate to accommodate drainage facilities plus twenty (20) feet on one side for
maintenance purposes. The City Engineer may recommend Drainage easements
shall be provided to facilitate drainage of surface waters from contributory areas.
When a subdivision is traversed by or includes canals, watercourses, lakes, streams,
drainage ways or channels, there shall be provided with a drainage easement or
right-of-way conforming substantially with the lines of such watercourse and of such
further width or construction or both as will be adequate for maintenance purposes.
The City Engineer may recommend that an easement be located on both sides in
cases where the City deems an easement on only one side inadequate. Easements to
access retention basin and side lot swales shall be provided as specified in Article
XII, Surface Water Management.
2. Utilities. New subdivisions shall be required to install underground utilities, including
franchised utilities, power and light, telephone and telegraph, water, sewer, cable television,
wiring to street lights and gas.
a. Coordination of Easements. Easements shall be coordinated with requisite utility
authorities and shall be provided as prescribed by this ordinance for the installation
of underground utilities or relocating existing facilities in conformance with the
respective utility authority's rules and regulations.
b. Waivers. The City Council may waive the requirement for underground installation
if the service to the adjacent area is overhead and it does not appear that further
development in adjacent areas with underground utilities is possible. Any new
service which is allowed by the waiver herein to be supplied by overhead utilities
shall be connected to a service panel that is convertible for underground utility
service at a future date.
C. Applicant Responsibility for Underground Installations. The applicant shall
make necessary cost and other arrangements for such underground installations with
each of the persons, firms or corporations furnishing utility service involved.
d. Construction in Easements. Utilities shall be constructed in easements as
prescribed by this Article.
e. Utility Installation. After the subgrade for a street has been completed, the
remainder of the street right-of-way has been graded and before any road or street
construction material is applied, all underground work for the water mains, sanitary
sewers, gas mains, telephone, electrical power conduits, cable television and any
other utilities with appurtenances and branches for surface connections shall be
completely installed throughout the width of the street to the sidewalk area or
provisions made so that the roadway or right-of-way will not be disturbed for
utilities installations or service connections. All underground improvements so
installed for the purpose of future service connections shall be properly capped and
backfilled and their locations identified.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XIX: Subdivision
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D. Environmental Considerations. All performance standards of Article XI, "Environmental
Protection," shall be satisfied, including but not limited to: preservation of natural resources;
preservation of wetlands; species of special concern; soil erosion, sedimentation control; and
shoreline protection; protection of groundwater aquifer recharge; preservation of wildlife habitats
and protection of upland vegetative communities and endangered or threatened flora and fauna; land
use and soil compatibility; and floodplain protection.
1. Fill. The subdivision shall be graded and, where necessary, filled to comply with the surface
water management requirements prescribed in Article XII, "Surface Water Management" of
this Code. The fill shall be free of muck, peat, clay, unstable soils, organic matter such as
logs, stumps, trees, clippings and cuttings and any form of junk, rubbish, trash, liquid or
solid wastes, any form of debris that is subject to consolidation, disintegration, erosion or
encourages the presence of insects, termites, or vermin. The City Engineer shall: 1)
determine and approve the type of fill to be installed within the rights -of -way; 2) shall
require soil tests of the backfill and the underlying material, and 3) shall require the
development's project engineer to certify the type of material and method of placement. The
applicant shall bear the costs of all such tests and certifications.
2. Soils. The plan shall show the location and results of test borings of the subsurface
condition of the tract to be developed. The tests shall be the type performed by the Soil
Conservation Service including percolation characteristics and detailed soils data. When
non -pervious soils (hard pan or other impervious soils) or unstable (peat, muck, etc.) are
encountered the plan shall reflect a satisfactory design to cope with such conditions. If the
soil analysis reflects that the area contains hard pan or other impervious soils or contains
peat, muck or other unstable materials, the City Engineer shall require such additional design
and construction as are necessary to assure proper drainage and development of the area.
The number of tests and their location shall be mutually determined by the applicant's
engineer and the City Engineer and shall be recorded as to location and result on the
construction plans. All plans and improvements shall be in compliance with Article XI,
"Environmental Protection."
3. Erosion Control. Seeding, mulching, sodding, and/or other acceptable methods shall be
performed as required to prevent undue erosion during all construction activities. Erosion,
sedimentation control and shoreline protection measures stipulated in Article XI,
"Environmental Protection" shall be carried out as applicable. The applicant shall be
required to keep accumulations of sand and earth out of the curb, gutter, swales, and
drainage ditches. Temporary siltation basins may be required during construction. The
applicant shall provide maintenance for the two-year period of the road guarantee and for
each lot until final inspection is passed.
4. Land Clearing, Grubbing, and Excavation. Land clearing, grubbing, excavation, and fill
approvals as required by the City shall be obtained from the Building Department prior to
commencement of clearing, grading or filling work. Similarly, all requisite permits from the
County, State, SJRWMD, or the federal government shall be obtained and presented to the
City prior to commencement of any clearing, filling, excavation, or grubbing.
The subdivision shall be graded and, where necessary, filled to comply with the surface
water management requirements of Article XII. Applicants shall be required to clear all
rights -of -way and to plan and construct all grades, for streets, alleys, lots and other areas, in
a manner which is consistent and compatible with the Land Development Code including,
but not limited to, the Tree Protection regulations. Similarly, all such plans and construction
activities shall be consistent with surface water management requirements of Article XII.
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City of Sebastian
Chapter IV: Administration of Plan Review and Subdivisions
Article XIL: Subdivision
In the interest of preserving existing trees and other natural beauty, the Planning and Growth
Management Director in consultation with the City Engineer and other designated staff shall
determine that applicable provisions of the tree protection regulations are met and the City
administrative officials may vary the requirements of this section where aesthetic and
environmental conditions will be enhanced but will not adversely affect proper drainage
within the area.
5. Shoreline Protection. Seawalls, bulkheads, piers and docks installed along the shoreline
shall be installed under permit issued by the Building Official. Bulkheads shall not be
constructed below the mean high water line unless permitted by the controlling Federal or
State Agency. Any such plans and improvements shall comply with all environmental
performance criteria of Article XI, including but not limited to, preservation of wetlands;
and other environmentally sensitive areas; soil erosion, sedimentation control, and shoreline
protection; preservation of wildlife habitats and other related performance criteria. No
development order approval shall occur until appropriate Federal and State permits are
issued.
E. Central Water System and Fire Protection. The design of the entire system shall be engineered in
concert with the Indian River County Utilities Department, shall be approved by the Indian River
County Utilities Department, and shall meet all applicable specifications, including state regulations.
The design and installation of a central water system shall comply with the city's adopted
comprehensive plan and shall conform to the accepted standards for municipal water supply and fire
protection systems as prescribed by the "National Fire Codes" and the "Fire Protection Handbook"
published by the National Fire Prevention Association as exists or may hereafter be amended:
F. Central Wastewater System. Central wastewater collection, wastewater treatment and disposal
systems shall comply with the standards of and be approved by the Indian River County Utilities
Department and shall meet concurrency management criteria of Article IX.
G. Storm Water Management. All subdivisions shall have an adequate comprehensive stormwater
management system compliant with Article XII: Surface Water Management, including necessary
ditches, canals, swales, percolation areas, berms, dikes, piers, detention ponds, storm sewers, drain
inlets, manholes, headwalls, end walls, culverts, bridges and other appurtenances shall be required in
all subdivisions for the positive drainage of stormwater. In addition, storm water treatment facilities
shall be required in the subdivision to control storm water runoff quality by providing for on -site
percolation and/or retention or other appropriate treatment technique for storm water. Such
requirements shall be compliant with the Surface Water Management provisions of Article XII as
well as the environmental performance criteria of Article XI. The design data of the drainage system
shall be submitted along with the construction plans in a report form prepared by the applicant's
engineer indicating the method of control of storm and ground water pursuant to criteria established
in Article XII.
H. Dedication of Lands for Parks and Recreation. All residential development shall provide an
equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the
standards stated below and shall comply with concurrency management provisions of Article IX,
"Concurrency Management." The standards provided herein are stipulated to implement policies
within the parks and recreation element. The standards shall apply to all residential applications for
subdivision approval. No property shall be assessed twice for respective subdivision plat applica-
tions unless a rezoning subsequently increases the density permitted on a parcel(s) of land.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XIX: Subdivision
1. Requirements. As a condition of development, the applicant shall dedicate land to the City of
Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the City for park
fo*N and recreational purposes at the time and according to the standards and formula described in
this section.
2. General Standard. Four (4) acres of property for each one thousand (1,000) persons residing in
the City be devoted for park and recreational purposes. To determine park and recreational land
to be dedicated within the service area of proposed developments, analysis shall consider
available facilities inventoried in the City of Sebastian Comprehensive Plan: Data Inventory and
Analysis. Prior to dedicating such land, the applicant shall provide the City with an
environmental audit performed by a registered engineer evidencing that the property does not
contain any contaminated or hazardous materials defined by law.
3. Fees in Lieu of Land Dedication. If it is demonstrated by the applicant to the satisfaction of the
City Council that no park or recreation facility can be located in whole or part within the
proposed development to serve the immediate and future needs of the residents of the
development, or if the proposed development shall consist of fifty (50) dwelling units or less, the
applicant may, in lieu of dedicating land, pay a fee equal to the fair market value of the land
which would have been required to be dedicated.
4. Use of Money. The money collected shall be paid to the City of Sebastian and placed in a
reserve account within a special fund. The monies and accrued interest from fees paid for any
given development shall be used solely for acquisition of parkland or facilities reasonably related
to serving said development.
5. Determination of Fair Market Value. Where a fee is required to be paid in lieu of land
em"N, dedication, the value of the property shall be determined by the value per acre assigned by the
Indian River County Property Appraiser on the most recent tax roll or the sale price at the most
recent sale of the property, whichever is greater.
6. Technical Standards for Determining Dedication Requirement.
a. Dedication Formula. The following formula shall be used:
Average Number of Persons Per Dwelling Unit X 4 Acres Per 1,000 Persons = Acreage
Requirement Per Dwelling Unit.
Example for a single family dwelling unit:
University of Florida Shimberg Center, 1996 Assessment of Affordable Housing in City of
Sebastian: 2.50 Persons/Unit x 4 Acres Per 1,000 Persons = O.OlAcres/Unit
b. Land Dedication or Fee. The City Council shall determine whether to accept land
dedication or require payment of a fee in lieu thereof, after consideration of the following:
(1) Topography, vegetation, hydrology, access and location of land in the development
available for dedication;
(2) Size shall be five (5) acres or larger with a shape and natural features adaptive to passive
or active recreation.
(3) Availability of potential alternate park lands and location of previously acquired park
property; and
(4) Consistency with the Comprehensive Plan.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XIX: Subdivision
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/10� I
/10�
c. Credit for Private Recreational Space. The City Council may grant full or partial credit
for private recreational space pursuant to the standards established herein. Such credit shall
be applied against the total dedication requirements for parks and recreation pursuant to this
code. These guidelines and standards are established in order to ensure that private
recreational spaces provide an appropriate range of recreational opportunities for residents of
proposed developments:
(1) The yards, setbacks, and other open areas required by the Land Development Code and
building codes shall not be included in the computation of private recreational space.
(2) The private ownership and maintenance is adequately provided by recorded written
agreement, conveyance, or restrictions.
(3) The use of the private recreational space is restricted for park and recreational purposes
by recorded covenant which runs with the land in favor of the future owner's property
and which cannot be defeated or eliminated without the consent of the City Council.
(4) The proposed private recreational space is reasonably adaptable for use for park and
recreational purposes, taking into consideration such factors as size, shape, topography,
vegetation, hydrology, access and location.
(5) Environmental preserves which have boardwalks,
usable recreational features, may count for up
dedication.
Transportation Systems
1. Access.
nature trails, water access, or other
to ten (10) percent of the required
Separation between access points on all state highways shall be in accordance with the FDOT
access classification system and Standards Rules 14-96 and 14-97 FAC.
2. Dedication
All streets shall be either dedicated to the public or dedicated to and maintained by the Home
Owners Association. Roads deemed necessary to provide access to adjacent properties shall be
dedicated to the public, or continuation of existing dedicated streets shall be dedicated to the
public.
a. General Design Criteria. Ingress, egress, and access management shall comply with the
below cited general design criteria:
(1) In order to provide ease and convenience in ingress and egress to private property and
the maximum safety with the least interference to the traffic flow on public streets, the
City shall regulate the number and location of driveways. Driveway design is specified
in design section.
(2) Street stubs to adjoining undeveloped areas shall be provided when required to give
access to such areas or to provide for proper traffic circulation. Street stubs in excess of
two hundred fifty (250) feet shall be provided with a temporary cul-de-sac turnaround.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XIX: Subdivision
(3) Improvements shall provide lanes for acceleration, deceleration, storage, turning
movements, bypassing, median modifications, other design features to channel traffic or
render necessary drainage or utility modifications which meet best management
principles and practices for purposes of protecting the safe and efficient operation of
traffic circulation and utility systems.
(a) Every lot or parcel shall be served from a publicly dedicated local street; however,
an applicant may retain as private a local street if the following conditions are met:
(1) Public right-of-way is not required in order to serve adjacent development that is
existing or projected; (2) A permanent access easement is granted for service and
emergency vehicles and for maintenance of public and semi-public utilities; and (3)
A reciprocal easement for ingress and egress is granted all residents of the
development.
(b) All subdivisions, as defined in Section 54-4-19. 1 (C), shall be designed with at least
two public means of ingress and egress to provide public access to the subdivision
from arterial or collector streets. An adjustment in the number of required public
means of ingress and egress under this paragraph may be authorized pursuant to
Section 54-4-19.1(D). Each public means of ingress and egress to a subdivision
shall intersect an arterial or collector street different from the arterial or collector
street intersected by any other required public means of ingress and egress to the
subdivision. If it is not possible for the required number of public means of ingress
and egress to a subdivision to intersect different arterial or collector streets, the
public means of ingress and egress may intersect the same arterial or collector street;
however, the points of intersection must be located a minimum of one thousand
(1,000) feet apart. If an adjustment is authorized pursuant to Section 54-4-19.1(D)
such that only one public means of ingress and egress is required under this
paragraph, the subdivision shall be designed to provide at least one additional means
of ingress and egress for emergency vehicles. All such means of ingress and egress
for emergency vehicles must be recommended for approval by the Planning and
Growth Management Director, the City Engineer, and the Planning and Zoning
Commission and approved by the City Council. Wherever possible, all subdivision
access roads shall be located at existing median openings. If a subdivision access
road is not located at an existing median opening, the applicant's paving plan shall
provide for construction of a median opening, where permitted, or shall provide for
the modification of existing openings, where required, at no cost to the City. The
design of subdivision access roads shall comply with the requirements of the
jurisdiction of the highway in which the median is located.
b. Specific Access Design. Minimum dimensions between the edge of intersections to the
edge of points of access (driveways) to lots developed within a subdivision shall be located
as follows:
The subdivision shall be designed to provide access to the lots by the use of local streets. A
secondary means of access shall also be provided to all subdivisions for use by emergency
vehicles. Local street connections to collector streets shall be a minimum of six hundred
sixty (660) feet apart and collector street connections to arterial streets shall be a minimum
of one thousand, three hundred twenty (1320) feet apart. Where access is desired along
collector or arterial streets, it shall be provided by means of a marginal access road. The first
point of access to the marginal access (frontage) road from collector and arterial streets shall
be a minimum of three hundred thirty (330) feet from intersection right-of-way lines as
shown on the Comprehensive Plan Future Traffic Circulation Map Series, with intermittent
points at median opening locations being a minimum of six hundred sixty (660) feet from
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Article XLX: Subdivision
intersecting right-of-way lines, unless otherwise approved by the City Engineer. Access
spacing of lesser lengths may be granted if requested by the applicant and recommended for
approval by the Planning and Growth Management Director, the City Engineer, and the
Planning and Zoning Commission and approved by the City Council. Lots shall access local
street network. Driveways on collector or arterial streets will be discouraged.
c. Non -Residential Driveways and Internal Circulation.
(1) Vehicular circulation must be completely contained within the property and vehicles
located within one portion of the development must have access to all other portions
without using the adjacent street system.
(2) Acceptable plans must illustrate that proper consideration has been given to the
surrounding street plan, traffic volumes, proposed street improvements, vehicular street
capacities, pedestrian movements, and safety.
(3) No driveway shall be constructed in the radius return of an intersection.
d. Service Drives. Where a subdivision borders on or contains a limited access highway right-
of-way, or arterial street, the City Council may require a service drive or suitable provisions
for future service drives approximately parallel to and on each side of such right-of-way, at a
distance suitable for the appropriate use of the intervening land, as for park purposes in
residential districts, or for commercial or industrial purposes in appropriate districts.
Distances involving right-of-way shall also be determined with due regard for the
requirements of approach grades and future grade separations.
/041� 3. Alleys. Alleys may be required along rear lot lines of commercial and industrial subdivisions.
When provided alleys shall be paved eighteen (18) feet wide in a minimum 20-foot wide right-
of-way for commercial and industrial use, all having appropriate radii for the use intended.
Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are
prohibited. Fire lanes shall have a minimum paved width of twenty (20') feet.
4. Streets. All streets and related facilities required to serve the proposed subdivision shall be
constructed and paved by the applicant pursuant to specifications herein stipulated. The con-
struction shall consist of, but not be limited to, street grading, subgrading stabilization, base
preparation and surface course along with drainage as required under this Article. All roadway
improvements shall comply with concurrency management provisions of Article IX,
"Concurrrency Management."
a. Street Layout. The proposed subdivision street layout shall be coordinated with
Transportation Element in the Comprehensive Plan as adopted or as may hereinafter be
amended, and with the street system of the surrounding area. Consideration shall be given
to existing and planned streets, relation to topographical conditions, to public convenience,
safety and their appropriate relation to the proposed use of the land to be served by such
streets. All roads and streets shall intersect t 5 ° angle of ninety 901 unless circumstances
acceptable to the City indicate a need for a lesser angle of intersection. All local or minor
collectors providing access to residential developments with mean lot frontage of 125' or
less or non residential development with mean lot frontage of 225' or less shall provide
sidewalks.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XM- Subdivision
b. Costs of Paving Streets. The City shall pay no part of the cost of paving streets in any
fOm*� undeveloped subdivision. Where access streets to a subdivision are not adequately paved to
handle the anticipated traffic, arrangements for paving the access streets should be made
with the City prior to acceptance of the final plat by the developer. All paving installed in
and adjacent to these subdivisions shall be at the entire cost of the applicant and shall be
pursuant to the sections of this Article.
c. Streets Adjoining Unsubdivided Land. When a new subdivision adjoins unsubdivided
land, any needed new streets shall be recommended by the Planning and Growth
Management Director in consultation with the City Engineer, and the Planning and Zoning
Commission. After receiving the said recommendations, the City Council shall act on the
recommendations thereby determining which street installations shall be required to serve
the abutting unsubdivided land. The recommendations and the action by City Council shall
address whether the said streets shall be designed as collector streets and whether the streets
shall be carried to the boundary of the tract proposed to be subdivided. Local streets, when
extended to the boundary of the tract, shall be designed in a manner that will discourage
through traffic.
d. Curvilinear Street Design. The use of curvilinear design in street layouts is encouraged to
promote aesthetically pleasing appearance and to prevent the use of grid design in order to
discourage through traffic.
e. Impact of Future Traffic Circulation Map Series. The new subdivision shall provide for
the incorporation and compatible development of present and future streets as generally
delineated on the Future Traffic Circulation Map Series adopted by the City Council under
the Comprehensive Plan Ordinance, when such present or future streets are affected by the
proposed subdivision.
Notwithstanding, where the Planning and Growth Management Director in consultation with
the City Engineer and/or the Planning and Zoning Commission recommend, and the City
Council determines that there is a need for incorporating a new or realigned major
thoroughfare based on characteristics of specific development proposals as well as changed
conditions since the adoption of the Comprehensive Plan, the City shall require subdivision
applicants to conform to the newly prescribed road improvement.
Traffic Analysis. A subdivision preliminary plat shall include preparation of a traffic
impact analysis pursuant to Article IX: Concurrency Management, if the proposed
subdivision is projected to generate a traffic flow above the threshold. The Traffic Impact
Analysis shall be prepared by a professional engineer and shall be used to determine the
number of lanes, capacity of street systems proposed or effected by the development, off —
site impacts and the phasing of improvements. Traffic impact study shall be prepared in
accordance with Section 952.07 of Indian River County Code.
g. Street Right -Of -Way Characteristics. Street improvements shall be designed in a manner
compatible with design characteristics of the City's Future Traffic Circulation System of the
City Comprehensive Plan and the City's Minimum Right -of -Way Standards as cited below:
The City shall preserve existing rights -of -way and shall enforce standards requiring
dedication of roadways for which the need is generated by new development. These design
parameters may be adjusted based on projected traffic carrying capacities of specific
developments and application of accepted principles and practices of traffic engineering and
design of facilities. Prior to acceptance by the City, the City Engineer shall recommend the
specific design features for approval.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XDL Subdivision
ROW width shall be increased by at least 10 feet on each side of any arterial or major
collector road for a minimum distance of 200 feet from its intersection with another arterial
f04k� or major collector road or street pursuant to proper intersection design. All arterial and
collector roads shall have a minimum of 12ft travel lane width. Local streets may have a
minimum of 10 feet travel lane.
r"',16N
STREET CLASSIFICATION
Arterial Roadways: These roadways move
traffic to, from and through the County.
Collector Streets:
Major Collector Streets: These streets serve
to collect heavy volumes of traffic from local
streets and developed areas and distribute the
traffic to arterial roadways.
Minor Collector Streets: These streets
collect traffic from local streets and distribute
traffic to major collectors and arterials.
MINIMUM RIGHTS -OF -WAY
140 feet
80 feet
60 feet
Local Streets: These streets provide access
to residential development and distribute 60 feet (if served by swales)
traffic to collector and arterial streets where 50 feet (if served by curb and gutter)
commercial development and major
community activity centers are located.
h. Dead End Streets (cul-de-sacs). Dead-end streets shall be prohibited except when designed
as a cul-de-sac. Such streets shall not exceed the length of six hundred (600) feet in length
except where natural geographic barriers exist necessitating a greater length approved by the
city engineer. When constructed with a curb and gutter, cul-de-sacs shall have fifty (50) feet
of right-of-way approach to a 90-foot diameter turnaround circle. When constructed with
swale drainage, cul-de-sacs shall have sixty (60) feet of right-of-way approach to a one
hundred -foot diameter turnaround circle or fifty (50) feet of right-of-way with a dedicated
easement ten (10) feet wide on each side.
Width of surface course of pavement shall be twenty (20) feet on the approach and sixty (60)
feet diameter for the turnaround. Approach and turnaround shall be constructed in
accordance with this ordinance. If a dead-end street is of a temporary nature, an adequate
turnaround within the proposed right-of-way shall be required. When one (1) or more
temporary turnarounds are shown, the following note shall be included on the plat.
"The area on this plat designated as "temporary turnaround" will be constructed and used as
other streets on the subdivision until [name(s) of street(s)] is/are extended to [name(s) of
street(s)] at which time the land in the temporary turnaround area will be abandoned for
street purposes and will revert to adjoining lot owners in accordance with specific provisions
in their respective deeds."
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Chapter IV: Administration of Plan Review and Subdivisions
Article XDL Subdivision
i. Construction in Muck Areas. The design of streets proposed in excessive muck areas shall
be considered on an individual basis. A Florida Registered Engineer shall certify all plans
submitted for construction in such areas. Prior to issuing a permit for such construction, the
City Engineer shall approve the engineered plan as submitted by the applicant.
j. Street Grades. Street grades shall be determined in relation to the drainage installations for
the subdivision. Street grades shall not exceed three (3) percent unless adequate protection
from erosion is provided or be less than three -tenths of one (0.30) percent for swale sections
or two -tenths of one (0.20) percent for guttered sections unless otherwise recommended for
approval by the Planning and Growth Management Director, the City Engineer, and the
Planning and Zoning Commission and approved by the City Council. Road grades shall be
shown on the development plans by the direction, percent of gradient and with centerline
lineal distances between control points.
k. Intersection of Streets. Street jogs or centerline offsets between any local street with
another local street or road less than 150 feet are prohibited.
1. Marginal Access Streets. Where a subdivision abuts or contains an existing limited access
highway, freeway or arterial street, a marginal access street shall be required to afford
separation of through and local traffic.
m. Local Streets. Local streets shall be so laid out that use by through traffic shall be
discouraged.
n. Railroads on or Abutting Subdivisions. When a subdivision borders on or contains a
railroad right-of-way, the Planning and Growth Management Director and/or the City
Engineer shall review the plans and recommend the purpose, location, design, length and
specifications for any needed rights -of -way, easements, or street improvements. The
Planning and Zoning Commission shall review the said recommendations and make a
recommendation to the City Council for specific action. After reviewing all
recommendations by City staff and the Planning and Zoning Commission, the City Council
shall render a final decision regarding the needed rights -of -way, easements, and/or street
improvements, including their purpose, location, design, length and specifications. The City
Council may require such improvements approximately parallel to and on each side of the
railroad right-of-way at a distance suitable for appropriate use of any nearby property for
recreation or buffer purposes in residential districts or for commercial or industrial purposes
in appropriate districts.
o. Street Names. Extensions of existing streets shall bear the same name of the existing street.
In no case shall the name of a proposed new street, which is not part of an existing facility,
duplicate or be phonetically similar to existing street names. The naming of new streets
shall be coordinated with the Indian River County Sheriff s 911 Emergency Dispatch
Center.
p. Alignment, Intersections, and Radii.
(1) Alignment. The arrangement of streets in a new subdivision shall make provisions for
the continuation of the existing or platted streets into adjoining areas or their proper
projection where adjoining land is not subdivided insofar as they may be deemed
necessary by the City Council for public requirement. The street and alley arrangement
shall be such as not to cause a hardship to owners of adjoining property when they plat
their own land and seek to provide for convenient access to it.
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Chapter IV: Administration of Plan Review and Subdivisions
Article XIX: Subdivision
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fO"N
(2) Intersections. Streets shall be laid out to intersect as nearly as possible at right angles.
No street right-of-way shall intersect another at an angle of less than ±15" of 901 degrees
unless special provision is made in the design of the intersection. Multiple intersections
involving the junction of more than two streets shall be prohibited unless special
provision is made in the design of the intersection. All intersections shall be designed to
provide adequate stopping and sight distance in accordance with the current edition of
AASHTO Standards. The intersection of any two (2) local roads or streets with a major
collector or arterial shall be separated by a minimum distance of six hundred sixty (660)
ft. from center line to center line.
(3) Accel/Decel Lanes. The following location and design criteria shall apply to
intersections. Acceleration, deceleration, and/or turning lanes shall be provided by the
applicant at intersections of arterial or collector routes if projected traffic entering the
site equals or exceeds thirty (30) vehicles in the peak hour turning left, or seventy-five
(75) vehicles in the peak hour for right turn movements. For projects with significant
truck traffic (over five (5) percent of anticipated projected traffic volume), passenger car
equivalents (PCE) at the rate of one (1) truck equals three (3) PCE shall be used in
determining the application of the above acceleration and/or deceleration lane
requirements. For purposes of this section, any vehicle with three (3) or more axles shall
be considered a truck.
(4) Radii. The point of curvature of any local street shall not be closer than one hundred
(100) feet to the point of intersection. When the centerline of a local street deflects by
more than ten (10) degrees, it shall be curved with a radius adequate to assure safe sight
distance and driver comfort, but never less than a minimum centerline radius of one
hundred (100) feet. Property lines at street intersections shall have twenty-five (25) feet
or greater radius and street pavement radii shall be a minimum of thirty (30) feet.
q. Street Side Swales. Typical sections for street right of way shall comply with "Manual of
Uniform Minimum Standards for Design, Construction and Maintenance for Streets and
Highways", and shall:
(1) Have a side slope no steeper than 3:1 within the applicable clear zone.
(2) Be designed to accumulate and carry water pursuant to stormwater & flood protection
plan in a manner in accordance with Article XII, Surface Water Management.
(3) Be sodded in right-of-way along full frontage of development.
(4) Provide proper drainage structures
r. Standards for Roadway Section Construction. A properly prepared subgrade and an
approved road base and wearing surface shall be provided for all streets.
(1) The construction methods and all materials used in the improvements required by this
Article shall comply with applicable specifications of the City and those methods and
materials prescribed by: 1) the current Florida Department of Transportation Standards
Specifications for Road and Bridge Construction; 2) the American Waterworks
Association for Water Improvements Construction; 3) the Water Environment
Federation for Wastewater Facilities Construction; 4) the Florida Department of
Environmental Protection (DEP); Indian River County utilities; and the St. Johns River
Water Management District.
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City of Sebastian
Chapter IV: Administration of Plan Review and Subdivisions
Article XTX: Subdivision
(2) During construction, the applicant's engineer shall make such measurements, field tests
and laboratory tests or cause them to be made to certify that the work and materials
conform with the approved development plans and the provisions of this ordinance. The
City Engineer or other representative designated by the City Council may require tests
and measurements which are deemed necessary and which shall be performed at the
expense of the applicant or his engineer.
(3) The road for arterial streets and commercial or industrial streets shall be a minimum of
seven (7) inches compacted limerock, or cemented coquina shale as per FDOT
Standards for road construction. All other street bases shall be six (6) inches. All base
construction shall be compacted to 98% density and extend six (6) inches beyond edge
of pavement.
(4) All surfaces shall be one and onelhalf (1 %) inches type S3 Asphalt for local roads.
Commercial streets, major collectors and arterials shall be one and one-half (1 %z) inches
S-1 and one (1) inch S-3, or Two and one- half (2%2) inches S-3, two (2) lifts.
(5) Pavement crown shall be one-fourth ('/4) inch/foot (.02%) cross slope or greater with no
inverted crowns permitted.
(6) Subgrades for arterial streets and commercial or industrial streets shall be twelve (12)
inches compacted thickness extended twelve (12) inches beyond base and 75' FBV or 40
LBR compacted to 98% T-180. All other streets shall be nine (9) inches compacted
thickness, extended twelve (12) inches beyond edge of pavement with 60 FBV or 40
LBR compacted to 98% T-180.
(7) If not specified, the FDOT manual shall prevail.
(8) The City Engineer shall review and approve of the design and construction of streets.
After subgrading streets, there shall be given one (1) course penetration treatment of
emulsified asphalt and local aggregate to the full width of the street and an additional
course to the middle twenty-two (22) feet of said street, all to the specifications and
requirements for review and approval of the City Engineer.
s. Sidewalks and Bicycle Paths. The project developer shall be responsible for provision of a
bike path along the project site frontage on all right-of-way or easements designated.
Sidewalks shall be constructed on one or both sides of all collector and arterial streets.
Bicycle path shall be constructed on both sides of all arterial streets. They may be
constructed concurrent with road construction or deferred and guaranteed by the posting of
surety. A required sidewalk may be waived as determined by the City Engineer when
bicycle paths provide adequate pedestrian circulation.
Where provided, sidewalks shall be a minimum of five (5) feet wide. Sidewalk sub -base
shall be 95% compacted density. They shall be constructed of concrete having a
compressive strength of two thousand five hundred (2,500) pounds per square inch at
twenty-eight (28) days. The fiber mesh concrete thickness shall be six (6) inches across
driveways. In commercial areas, thickness shall be six (6) inches. In other areas, thickness
shall be four (4) inches. The cross slope shall be one -quarter inch per foot. Bicycle paths
shall be eight (8) feet wide and shall be constructed in accordance with the current FDOT
Bicycle Facilities Planning and Design Manual. If not specified, the FDOT manual shall
prevail.
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Page XIX-36
City of Sebastian
Chapter IV: Administration of Plan Review and Subdivisions
Article X3X- Subdivision
t. Bridges and Bridge Culverts. Where a subdivision is traversed by or develops canals,
watercourses, lakes, streams, waterways or channels, bridges or culverts shall be provided as
necessary to facilitate the proposed street system. The bridge or culvert requirement is
subject to the agency having jurisdiction over above enumerated facilities. Bridges shall be
designed pursuant to current State Department of Transportation practices and specifications
and shall include planning for utility systems installation. Low maintenance materials shall
be used. The bridge design loading shall be in accordance with anticipated loads. Bridge or
culvert shall include sidewalk as indicated by road requirements above. Barrier between
walkway and traffic is required per FDOT safety standards.
u. Median Strips. Median strips that are part of a dedicated or deeded right-of-way may only
be used for a public purpose under the auspices of the City or a public utility. Where an
applicant desires or is required to beautify a median strip in a subdivision, the applicant may
do so by placing grass, shrubs, and/or approved ground cover within the median strip in
accordance with Article XIV: Landscaping. The homeowner association shall be
responsible for maintenance.
v. Subdivision Entranceways. Subdivision entranceways consisting of wall, fences, gates,
rock piles or the like are not permitted within the median strip or other areas in a dedicated
or deeded right-of-way. Entranceways, if divided, shall be divided by a raised or landscaped
median strip and shall be not less than two (2) lanes each twelve (12) or more feet wide.
Decorative entranceways shall be constructed upon plots of land adjacent to the right-of-way
in compliance with the Land Development Code and building codes and placed so as not to
constitute a traffic hazard. A guard house located so as not to create a traffic hazard may be
constructed at the entrance to a development having private streets.
Where an applicant is specifically permitted by the City to construct decorative entrances,
structures, or landscaping within the right-of-way of any street, the applicant or community
homeowners' association shall provide an adequate bond to guarantee maintenance for a
specified period and to provide for removal for such structures and for landscaping at the
end of such period on order by the City for cause. The City shall not accept any liability or
responsibility for maintenance for decorative entrances, structures, or landscaping in rights -
of -way. Such improvements shall be designed in such a manner so as to not obstruct
desirable visibility or restrict turning movements.
w Private Roads. No new private streets shall be created unless the applicant establishes a
road maintenance agreement, or other means satisfactory to the City Attorney, to provide for
proper maintenance. The parties to such agreement shall be responsible for construction,
maintenance and control of such roadways.
J. Permanent Survey Monuments. Permanent reference monuments and all other survey markers
are to be installed as per Florida Statutes Chapter 177.
K. Commercial and Industrial Subdivisions. Commercial and industrial subdivisions shall comply
with all of the requirements of this ordinance, except that local streets shall be designed according to
the arterial street typical section contained in these regulations.
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Cicv of Sebastian
Chapter IV: Administration of Plan Review and Subdivisions
Ankle X X- Subdivision
ka
L. Mobile Home Subdivisions. New and the expansion of existing mobile home developments shall
comply with all of the requirements of the Land Development Code and the Code of Ordinances of
the City of Sebastian. Mobile home developments shall be classified as either rental trailer parks for
use as temporary and/or transient residence purposes with single entity ownership or as permanent
residence areas with individual ownership of contiguous lots in a condominium or cooperative
association. The "association" shall function with unified control as a single -ownership entity.
Mobile home developments are intended to provide planned space for occupancy of prefabricated,
detached, transportable, single-family dwelling units containing all utility and sanitary conveniences,
including electrical and plumbing connections, which may be attached to approved permanent utility
systems. To retain mobility, the undercarriage shall remain attached to the mobile home unit.
Subdivisions shall provide a common structure that is easily accessible to all residents and shall meet
the following provisions:
1. Storm shelters must be constructed to withstand a one -hundred -twenty -mile per hour wind load
utilizing Chapter 12 of the Standard Building Code for engineering standards.
2. Storm shelters must be provided to twenty (20) percent of the proposed total number of residents
of the mobile home subdivision. The proposed total number of the residents shall be determined
utilizing two residents per single family lot.
3. Storm shelters must be designed to provide a minimum of twenty (20) square feet of net floor
area per resident. Floor areas shall not include bathrooms, corridors, or other areas that cannot
be used for temporarily lodging of a resident in case of an emergency. Storm shelters may be
utilized as community buildings, but should be designed with minimal glass exposure.
SECTION 54-4-19.12: STREET IDENTIFICATION AND TRAFFIC CONTROL
A. Street Identification Signs. Street name signs shall be erected at all street intersections. Street name
signs shall carry the street name approved on the subdivision plat as well as the approved street
number if practical. Street identification signs shall be in conformance with the Manual on Uniform
Traffic Control Devices.
B. Traffic Control Devices. The following traffic control devices regulations shall apply to all
development including subdivisions. The applicant shall install all required traffic control devices
based on design requirements, including but not limited to, traffic signals, information and warning
signs, acceleration or deceleration lanes, lane delineators, and other necessary traffic control devices
on all roads within and interfacing with the subdivision and impacted by the subdivision
development. Markings and signing shall conform to the Manual on Uniform Traffic Control
Devices.
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Page XIX-38
City of Sebastian
Chapter M Administration of Plan Review and Subdivisions
Article XIX: Subdivision
I40"IN
C. Street Lighting. The following street lighting regulations shall apply to subdivisions. The applicant
shall install and be responsible for all costs associated with the installation of street lights in
accordance with this Article and the street lights, poles, fixed equipment, and any and all fixtures and
equipment germane to the subdivision development will be installed at no cost to the City. The City
shall pay only energy costs associated with the operation of the street lights installed in accordance
with this Article within subdivisions located within the City.
1. Location of Street Lighting. Street lights shall be installed at each street intersection, at mid -
block locations where the distance between intersections exceeds 1000 feet, and at the end of
each cul-de-sac exceeding five hundred (500) feet. Such lights shall be required on interior
streets and may be required on alleys, boundary streets, and access paths if the City Council
finds that the anticipated frequency of usage makes such requirement reasonable for public
safety and welfare. Wherever, in the opinion of the City Engineer, a dangerous condition is
created by sharp curves or irregularities in street alignment, additional lights shall be required.
The street lights and mounting poles shall be a type approved by the City Engineer and shall be
wired for underground service except where overhead service is permitted.
2. Special Assessments or Taxing District. The applicant shall place deed restrictions covering
the property to be developed which state that the owners of property within the subdivision are
subject to assessment by the city under a legally constituted improvement or special taxing
district or by a property owners' association or a condominium or cooperative association as
defined by Florida law for the cost of maintenance and operation of such street lights. Upon
completion of the development, street lights shall be owned, operated and maintained separately
or jointly by a property owners' association, or a condominium or cooperative association as
defined by Florida law, and the public utility furnishing the electrical service.
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City of Sebastim