HomeMy WebLinkAboutCHAPTER #162AN ORDINANCE REGULATING THE SUBDIVISION OF
LANDS IN SEBASTIAN, FLORIDA, WHICH LIE INSIDE
THE TERRITORIAL LIMITS OF CITY OF SEBASTIAN
REQUIRING AND REGULATING THE PREPARATION AND
PRESENTATION OF PRELIMINARY AND FINAL PLATS
FOR SUCH PURPOSE: ESTABLISHING MINIMUM SUBDIVISION
DESIGN STANDARDS: PROVIDING MINIMUM IMPROVEMENTS
TO BE MADE OR GUARANTEED TO BE MADE BY THE
SUBDIVIDER: SETTING FORTH THE PROCEDURE TO BE
FOLLOWED IN APPLYING THESE RULES, REGULATIONS
AND STANDARDS: ~ROVIDING PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE: PROVIDING
SEPARATILITY AND EFFECTIVE DATE.
SECTION 1
This Ordinance shall be known and may be cited as "the Subdivision
Ordinance of Sebastian, Florida", In its interpretation and application the
provisions of this ordinance shall be held to be the minimum requirements
adopted for the protection of the public health, safety and welfare. To protect
the public, among other purposes, these provisions are intended to provide
for permanently wholesome community environment, adequate services,
proper drainage and safe streets. This Ordinance shall not apply to any land
forming a part of a subdivision created and recorded prior to the effective
date of this Ordinance but it shall apply to any re subdividing, and shall be
effective for all subdivisions which do not have final plat approval one hundred
and eighty days (180) from the date of adoption. It is not intended by this i'~
Ordinance to repeal, abrogate, annul or in any way impair or interfere with
existing provisions of other laws or ordinances except those specifically
repealed by this Ordinance, or with private restrictions placed upon property
by deed, covenant or other private agreement or with restrictive covenants
running with the land to which the City of Sebastian is a party, Where this
Ordinance imposes a greater restriction upon land than is imposed or
required by such existing provisions, the provisions of this Ordinance shall
control.
SECTION Z
For the purposes of this Section, the following terms,
words and their derivations shall have the meaning given herein.
,phrases,
When not
inconsistent with the context, words used in the present tense include the
future, words in the pluraI number include the singular number, and words
in the singular number include the plural number,
always mandatory and not merely directory.
(A) "City" is "Sebastian, Florida"
The word "shall" is
(B) "Council" is "City Council, City of Sebastian, Florida"
(C) "Final Plat" is the final map, drawing or chart on which the
subdivider's plan of subdivision is presented to City Engineer and~City
Council for approval, and which, if approved, will be submitted for recording.
(D) "lot" is a parcel or portion of land in a subdivision or plat of
land, separated from other parcels or portions by description as on a sub-
division or record of survey map or by metes and bounds, for the purpose
of sale or lease to, or separate ,use of, another.
(E) "Official Map" is the map established by the City Council
showing the streets, highways and parks theretofore laid out, adopted and
established by law and any amendments thereto adopted by the City Council.
(F) "Owner" is any individual, firm, association, syndicate, co-
partnership, corporation, trust or any other legal entity having sufficient
proprietary interest in the land sought to be subdivided to commence and
maintain proceedings to subdivide the same under this Ordinance.
(G) "Preliminary Plat" is the preliminary map, drawing or chart
indicating the proposed layout of the subdivision to be submitted to the City
Council for their consideration.
(H) "Streets" and "Alleys". "Street" is a way for vehicular
traffic, whether designated as a street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place or however otherwise
de signated.
-Z-
(1) "Alley" is a minor way which is used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
~' (2) "Residential Street" is any subdivision street which does not
dead end. There is required ~' width when swale ditches are to be
constructed, and 60' width when curb and gutter are provided.
(3) "Cul-de-Sac" or "Dead-end Street" is a minor street with
only one outlet.
(4) "Width, Street" is the shortest distance between the lines
delineating the right-of-way of a street.
(i) "Subdivider" is any individual, firm association, syndicate, co-
partnership, corporation, trust or any other legal entity commencing pro-
ceedings under this Ordinance to effect a subdivision of land hereunder for
himself or of another.
(J) "Subdivision" is the division of a parcel of land into two or more
lots or parcels for the purpose of transfer of ownership or building develop-
ment, or, if a new street is involved, any division of a parcel of land;
provided that a division of land which may be ordered or approved by a court
or effectec[by testamentary or intestate provisions not involving a new street
shall not be deemed a subdivision, The term includes resubdivision and,
when appropriate to the context, shall relate to the process of subdividing or
to the land subdivided.
SECTION 3
No person shall subdivide any tract of land which is located within the
City except in conformity with the provisions of this Ordinance.
No plat of any subdivision shall have any validity until it shall have
been approved in the manner prescribed herein. In the event any such un-
improved plat is recorded, it shall be considered invalid. No owner, real
estate broker, salesman or agent of the owner of any land located within a
subdivision shall transfer, sell, agree to sell or negotiate to sell any land by
reference to, exhibition of or by the use of a plan or plat of a subdivision
before such plan or plat has been approved. The description of any lot or
parcel of land by metes and bounds shall not exempt the transaction from the
provisions of this Ordinance, The building official shall not issue building
or repair permits for any structure on a lot in any subdivision which has not
been approved and as provided herein. The City hereby defines its policy to
be that the City will withhold all public improvements of whatsoever nature,
including the maintenance of streets, from all subdivisions which have not
been approved and from all area dedicated to the public which have not been
accepted in the manner herein provided, No changes, erasures, modifications
or revisions shall be made in any final plat after approval thereof unless the
said plat is first resubmitted for approval. .The subdivider shall pay a
filing fee of $10.00 for every final plat submitted for recording,
SECTION 4
The preliminary plat shall be prepared by a surveyor or registered
engineer authorized to engage in such profession in the State of Florida. The
preliminary plat shall show on a map all the facts needed to enable the City
Engineer, and/or City Council to determine whether the proposed layout of
the land in a subdivision is satisfactory from the standpoint of the public
interest. Two ~opies of the preliminary plat shall be first submitted to the
City Engineer, When tentative approval is given it shall be so endorsed on
both copies and the City shall retain one copy and the proposed subdivider
shall retain one copy. The City Engineer will approve the plat .~ submi~..for
approval to the City Council. The preliminary plat shall be considered
-4-
Officially filed after it is examined by the City Engineer and signed and is
found to be in full compliance with the formal provisions of these Ordinances.
If deemed necessary, formal approval before the City Council may be
necessary. Preliminary approval shall confer upon the subdivider the right
for a period of one year from the date of approval that the general terms and
conditions under which the preliminary approval was granted will not be
changed.
The preliminary plat shall be clearly and legibly drawn. The size and
seals shall be as provided by the State law for recording and shall be of as
many pages or sheets of uniform size as is required. It shall contain the
following information:
1, Proposed name of the subdivision. The name shall not duplicate,
be the same in spelling or alike in 4~ronunciation with any other recorded
subdivision.
2. Names of adjacent subdivisions and owners of adjoining parcels
of unsubdivided land.
3. Names and addresses of the subdivider, owner, mortgage holder
or any other person having any right, title, interest or lien and the engineer.
4. Location by previous recorded plat and change of section, township,
range, city, county and state.
5. Names of streets within the adjoining area.
6. Boundaries of the subdivision indicated by a heavy line and the
approximate acreage. Location, width and names of existing or platted
streets, railroad rights of way, easements, parks, ditches, permanent
buildings and other existing permanent improvements on the land.
7. The existing zoning districts.
8. Date of preparation, scale of map and North point.
-5-
9. Location and dimensions for all proposed streets, alleys, ease-
ments, lot lines, parks and other areas to be reserved for public use. There
shall be attached to the preliminary plat a statement of the proposed use of
the area in the subdivision showing areas of residence, business or industry
so as to reveal the effect of the development on traffic, fire hazards or con-
gestion of population with proposed covenants and restrictions, if any,
10, If any zoning changes are contemplated, the proposed zoning
plan for the area,
11. All preliminary plats are to locate and Show the counterlines o£
existing roads and the ditch banks of existing ditches, for all roads bordering
the plat.
1Z, Where the property to be subdivided borders upon or when com-
pleted and subdivided will border upon any of the public waters in the City, then
in such event the preliminary plat and the final plat shall 'delineate and show
the bulkhead line as fixed, established and approved by the City.
SECTION 5
Upon approval of the preliminary plat, the subdivider may proceed
to complete the subdivision and install all of the improvements shown upon the
preliminary plat and/or required pursuant to this Ordinance and after com-
pletion o£ the same, the final plat shall be prepared and submitted to the
City Engineer for approval and recording, or the subdivider may, in lieu of
the completion of the improvements, post a bon d executed by a surety
company authorized to do business in the State of Florida in an amount
estimated by the City Engineer to be an amount, equal to the cost of construction
of all such improvements not completed but contemplated in the preliminary
plat and/or contemplated under the provisions of this Ordinance. The bond
shall be in favor of the City and shall be subject to the condition that all of said
improvements will be completed within one year after approval of the final
-6-
plat and in the event they are not so completed within that time, the City
shall proceed with the work and hold the subdivider and the surety jointly and
severally responsible for the cost thereof. As an alternative surety, the
subdivider may deposit a certified check or cash with the City Clerk of the
City o£ Sebastian.
SECTION 6
After complete compliance with all of the terms and conditions of
this Ordinance the final plat shall be prepared. It must incorporate all
changes or modifications required by this Ordinance in connection with the
approval of the preliminary plat. Otherwise, it shall conform to the pre-
lirninary plat. Data not required for recording need not be shown on the final
plat and the final plat may constitute only that portion of the approved
preliminary plat which the subdivider proposes to record and duplicate at
the time. The final plat shall be prepared by registered engineer or
surveyor. The final plat shall be filed with the City Engineer not later than
one year after the date of approval of the preliminary plat. Otherwise, it
will be considered void unless an extension is requested and granted by the
City Council. The final plat shall be clearly and legibly drawn in india ink
on tracing cloth of the size require d by state law for recording and it shall
contain the fo{t.owing:
1. Name of the subdivider, names of adjacent subdivisions and
location of adjoining unsubdivided land, names and addresses of the sub-
divider, owner~ mortgage or other lien holder together with their dedication
of said plat and the name and address of the engineer or surveyor.
Z. Location of the lands subdivided either by a prior recor, ded
plat or by section, township and range, or metes and bounds description from
the same, names of all streets within and adjoining the plat.
3. All plat boundariese
-7-
4. Bearings and distances to the nearest established section,
corner or other recognized permanent monument which shall be accurately
described on the plat,
5, Accurate location of all monuments.
6. Length of all arcs, radii, internal angles,
and tangent bearings, date of preparation,
for right-of-way provided for public use,
tions of such easements, all lot and block numbers and lines with accurate
dimensions in feet and hundredths, and with bearings or angles to streets,
alleys or other public ways.
7. Accurate outlines and designations including dedication of any
areas dedicated for public use with the purpose indicated thereon, certifi-
cation by the engineer or surveyor to the effect that the plat represents a
survey made by him and that all monuments shown thereon actually exist and
that their location is correctly shown.
8, An acknowledgment by the owner or owners of their adoption of
the plat and of the dedication of all public rights-of-ways and other p ublic
9. Existing contours. Elevations are to be based on United States
coast and geodetic survey sea level datum. All existing public drainage
canals and ditche s.
10. Street and general area drainage plan showing the size and
direction of flow of all surface waters.
WHen the final plat has been so prepared, the same shall be submitted
to the City Engineer, whether or not all contemplated improvements as set
forth in the preliminary plat as approved have been complete or if not com-
pleted, the estimated cost of the uncompleted items and whether or not the
bond for completion has been posted with the Clerk of City and whether or not
he recommends approval of the final, plat. If disapproved, the final plat shall
be returned to the subdivider for compliance and if approved, a certificate of
such approval shall be endorsed upon the final platy the City Engineer and
the same may then be recorded in the public records. After
-8-
points of curvature
scale and North point, all easements
service of utilities and any limits-
final approval and recording the subdivider shall immediately furnish the
City with three {3} linen prints of the final plat as may be reguired by the
City Engineer.
SECTION ?
1. The arrangement of streets in new subdivisions shall make
provision for the continuation of the existing streets in adjoining areas.
2, Where adjoining areas are not subdivided, the arrangement
of streets in new subdivisions shall make provision for the proper pro-
jection of streets,
3. When a new subdivision adjoins unsubdivided land, then the
new streets shall be carried to the boundaries of the land proposed to be
subdivided.
4. Street jogs with center line offsets shall be avoided,
5. Dead-end streets shall be avoided but where necessary they
shall be provided at the closed end with a turn-around for an outside roadway
diameter of at least 80' and a street property line diameter of at least 100'.
6. ~A~here a subdivision abuts or contains an existing arterial street,
the City may require marginal access streets or other such treatment as may
be necessary for adequate protection of residential properties and to afford
separation of through and local traffic.
7. Street widths shall be not less than ~feet.?~,~,~ ,,i~ ,¥, ,/
~ front of areas designed, zoned or contemplated for co~merci~
use, to per.it such use the street width shall be increased by such amour on
each side as may be deemed nece. ssary to assure the free ~ow of through
traffice without ~terference by parking and to provide safe parking s~ce for
such commercial or business district.
8. The intersection of ~ore than ~o streets at one point s~ll be
avoided except where it is impractical to acquire a proper street system
otherwise, Streets shall intersect one another at an angle as near to a right
angle as possible.
9. Where a tract is subdivided into larger parcels than ordinary
building lots, such parcel shall be arranged so as to allow the opening of
future streets, extension of required easements for public utilities and
logical further resubdivision.
10. Reserve or nuisance strips controlling access to streets or
interfering with extensions of streets or public easements are prohibited.
11. Street grades shall conform to the drainage plan.
12. Half streets are prohibited except where the whole street
width is not owned by the subdivider or is not dedicated to the public.
13. Existing platted or dedicated streets within the subdivision or
adjacent thereto shall be treated and considered as if the same were being
opened up and proposed by the subdivider unless the City shall find and
determine that the existing street meets all of the present requirements of
the City.
14. l~rivate streets may be provided, provided that City finds that
the same will not be required as public streets in the over-all City plan.
There shall be no maintenance or improvements of private streets by the
City.
15. The street arrangement shall not be such as to cause hardship
to owners of adjoining property in platting their own land and in providing
convenient access to it.
16. The complete 70 foot right-of-way is to be cleared of all trees,
etc., and only on specific approval are any trees left in the City right-of-way.
SECTION 8
The arrangement, character, extent, width, grade and location oi .....
all alleys and easements shall be as follows:
1. Alleys shall not be permitted in residential areas.
2. Alleys shall be provided in commercial and industrial areas
except that the City may waive this requirement where other definite and
assured provision is made for service access, much as off-street loading
unloading and parking consistent with and adequate for the uses proposed.
3. The right of way width of an alley shall be Z0 feet.
4. Dead-end alleys shall not be permitted except where the
City determines the same are unavoidable and where adequatel turn-around
facilities are provided.
5. Easements with a right-of-way' width of 10 feet shall be pro-
vided on the rear of rear-abutting lot lines and along side lot lines where
necessary for the service of public utilities.
6. Easements with a sufficient right-of-way width to permit
gradual slopes shall be provided in order to provide public rights-of-ways
for all drains as contemplated in the drainage plan and as necessary for the
adequate drainage of lands for the purpose contemplated.
SECTION 9
Lots and blocks within the subdivision shall be such as to
accornrnodate the size of lot required in the area by the zoning ordinance and
to provide for convenient access, circulation, control and safety of street
traffic~nd shall generally conform to the following:
1. Block lengths shall not exceed 660 feet.
Z. A block shall be so designed as to provide, wherever possibl9
~two tiers of lots.
3. In blocks over 900 feet 1 .g, pedestrian cross walks may be
required by the City in locations deemed necessary to public health,
convenience and necessity, Such cross walks shall be 10 feet wide and straight
from street to street,
4. In blocks over 13Z0 feet long, pedestrian walks are required
from any street parallelling the Atlantic Ocean to provide pedestrian access to
the ocean. Such a cross walk shall be 10 feet wide and be straight from
street to ocean
-11-
5. Lot dimensions and area shall not be less than the requirements
of the zoning ordinance.
6. All the lots ~hii abut by their full frontage on a public dedicated
street or on a prif~ate street that connects to a public dedicated street with a
right-of-way by covenent running with the land to said lot over the private
street to the public dedicated street.
7. Side lot lines shall be substantially at right angles to straight
street lines or radial to curved street lines.
8. Corner lots in residence districts shall have extra width as
necessary to permit the appropriate building setback from both streets.
9. Lots subject to flooding or lots which may increase the danger
to health, life, property or flooding shall not be platted,
10. All remnants of lots below minimum size left over after sub-
dividing of a larger tract shall be added to adjacent lots rather than allowed
to remain as unus.ahle parcels.
11. All lots and blocks shall be numbered consecutively, beginning
at upper righthand or Northeast corner of property.
1Z. Each plat shall dedicate one lot or one acre for each 100 acres
contained in the plat whichever shall be greater for a public park. The work
"Park" shall be inserted on the plat designating the lot or area for a public
park and the dedication shall also contain the word "park",
13. Where a proposed park, playground, school or other business
use is shown in the master plan and is located in whole or in part within a
subdivision, the subdivision shall dedicate or reserve space for such purpose
in such area within the subdivision. In general, each subdivision should
dedicate or reserve adequate space for all such purposes, the extent and
location thereof being dependent upon all of the factors of public health, safety
and necessity existing in the area.
14. Lakes in subdivisions shall be dug to a depth as specified by the
Engineer and sloped and dressed to the satisfaction of the ]Engineer. There is
to be a minimum of a 4 foot depth of water in all lakes. The minimum slope to
lake shall be 1 to 1. All lakes shall have overflow ditches.
-lZ-
SECTION 10
Prior to the granting of final approval of the final plat, the subdivider
shall install or shall have furnished adequate bond for the ultimate installation
of
~", ~ermanent monuments~.s, hal,. 1 be-plac~'"~t-all block corner s. The
monument shall be of such material, size and length as shall be approved by
the City Engineer.
SECTION 1 1
(A) Purpose: If at any time it is determined poor workmanship or
construction is being done following the concise specifications of this
regulation, it is the right of the engineer to require the contractor to conform
to the complete regulation as specified in the current FSRD standard specifi-
cations for road and bridge construction.
(B) Definitions:
Approval - Direct approval either of the City Council or the
City Engineer.
Engineer - City Engineer, or approved professional engineer for
the project.
(C) Supervision:
An approved engineering firm or professional engineer must
control and supervise construction of all paved streets.
(D) Base Width:
All bases shall be one foot wider than the final pavement width
with the exception of a marl base which is to be two feet wider than the
final pavement width.
All bases are to receive a seal coat and a wearing surface as
specified in Sections 1 and Section 2.
(E) l~avement width: ~-~
The minimum pavement width shall be'~feet. Split l~avements
for a boulevard type street shall have a minimum width of 11 feet.
(F) In instances where subdivisions wish to pave their streets,
it shall be at their own expense and no funds are to be contributed by the
City. However, in instances where there are more than two streets
involved, the City Engineer will take off the actual centerline distance of
the streets, and proportion an equivalent footage for each property owner.
This is to eliminate the discrimina tion which would be placed on a corner
lot owner, and more equally distribute the costs. The property owners shall
contact for bids for the paving and the work shall completely comply with all
City regula~ons as to drainage and paving specifications. Where culverts
must be placed under cross streets, the City will furnish them.
{G) The streets must be constructed, paved and completed in
accordance with the specifications as provided by the City Engineer of the
City of Sebastian.
SECTION 1Z
All plats so approved by the City Council shall be endorsed by
the City Clerk. The form of endorsement shall be as follows:
"Approved by the City Council, City of Sebastian, Florida
this day of A.D., 19~.
Atte s t:
City Clerk Mayor"
SECTION 13
The City Council may authorize a variance from these
regulations when in its opinion undue hardship may result from strict com-
pliance. In granting any variance the City Council shall prescribe only
conditions that they deem necessary to or desirable for the public interest.
In making its findings the City 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
-14-
probable effect of the proposed subdivision upon traffic, the public health,
safety and convenience conditions in the subdivision and in the vicinity
thereof. No variance shall be granted unless the City Council finds:
1. That there are special circumstances or conditions affecting
said property such that the strict application of the provisions of this
Ordinance would deprive the applicant of the reasonable use of his land, and
Z. The variance is necessary for the preservation and enjoyment
of a substantial property right of the subdivider, and
3. That the granting of the variance will not be detrimental to the
public welfare or injurious to other property in the general area in which said
proposed subdivision is situated, or,
4. That the subdivision is a plan for a complete community or
neighborhood which in the judgment of the City Council provides adequate
public spaces and includes provisions for efficient circulation, light and air
and all other needs and that the complete community or planned neighborhood
constitutes a desirable and stable community development and is in harmony
with adjacent areas.
SECTION 14
Ail ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
SECTION 15
Should any part or portion of this Ordinance be for any reason found
or declared to be unconstitutional or unenforceable, it shall not affect or
impair the remaining parts of portions of said Ordinance.
SE C TION 16
Any person violating any of the provisions of this Ordinance, upon
conviction thereof shall be punished by a fine not exceeding Five Hundred
Dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days,
or by both such fine and imprisonment within the discretion of the Municipal
Judge. Each day upon which violation shall occur or continue shall constitute
a separate offense.
~gT-