HomeMy WebLinkAboutO-95-10ORD Nm ¢E NO. 09S- /0
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDAt PERTAINING TO MAJORAND
MINOR SUBDIVISIONS; AMENDING THE SUBDIVISION
ORDINANCE TO ESTABLISH THE REQUIREMENT FOR
MINOR SUBDIVISIONS; PROVIDING THAT ANY TRACT
OF L~ND SUBDIVIDED AS A MINOR SUBDIVISION
CANNOT BE FURTHER SUBDIVIDED UNLESS IT MEETS
THE REQUIREMENTS OF A HAJOR SUBDIVISION;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian finds it is necessary to refine
the definition of minor subdivisions; and
WHEREAS, the City has determined minor subdivision tracts
should not be further subdivided without complying with major
subdivision requirements.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PURPOSE. The purpose of this division is to
assist implementation of the city of Sebastian comprehensive plan
by subdivision of real estate within the City in an effort to,
among other things, ensure proper legal description,
identification, monumentation and recording of real estate
boundaries; aid in the coordination of land development in the city
of Sebastian in accordance with orderly physical patterns;
discourage haphazard, premature uneconomic or scattered land
development, ensure safe and convenient traffic control; encourage
development of an economically stable and healthful community;
ensure adequate utilities; prevent periodic and seasonal flooding
by providing protective flood control and drainage facilities;
provide for management and/or protection of water resources;
provide public open spaces for recreation; ensure land subdivision
with installation of adequate and necessary physical improvements;
ensure that the citizens and taxpayers of the City will not have to
bear the costs resulting from haphazard subdivision of land and the
lack of authority to require installation by the developer of
adequate and necessary physical improvements; and ensure to the
purchaser of land in a subdivision that necessary improvements of
lasting quality have been installed.
Section 2. CONFORMANCE REQUIRED. No subdivision of a tract
of land anywhere in the incorporated area of the City shall be
created except in conformance with this division. No subdivision
shall be platted or recorded 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 accordance with the
requirements of the City as herein established.
Section 3. MAJOR AND MINOR SUBDIVISIONS. Ail future
subdivisions of land within the corporate limits of the City of
Sebastian shall be classified as being a "major" or "minor'
subdivision, as defined herein, and shall be subject to the
regulations of this code as they apply:
1. (a) Minor subdivision. Any subdivision of land meeting
the following conditions: (1) having four (4) lots
or less on an existing street or road; (2) does not
require construction of a new street or road; and
(3) does not require off-site imDrovements to aD¥
roads~ drainage system or utilities.
(b) ~RY tract of land that is subdivided as a ~.inor
subdivision can not be further subdivided unless it
meets the requirements of a major subdivision.
2
Major subdivision. Any subdivision not classified
as a minor subdivision.
Section 4. 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.
Section 5. RECORDING OF PLATS. No final plat of any
subdivision shall be entitled to record in the office of the Clerk
of the Circuit Court until it shall have been approved in the
manner prescribed herein. If any [unapproved] plat is recorded,
the City Council will request that it be stricken from the records.
Section 6. 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 is 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, Florida Statutes.
Section 7. BUILDING PERMITS SUBJECT TO FINAL PLAT APPROVAL
AND RECORDING. No building permit 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.
Section 8. CREATION OF SUBDIVISION BY JOINT OWNERS OF LAND.
Where it may subsequently become evidence that a subdivision is
being created by the recording of deeds by metes and bounds
description of tracts of land less than one acre, 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
chapter as are requisite for the issuance of building permits or
the furnishing of any City service.
Section 9. EFFECT ON PREVIOUSLY PLATTED SUBDIVISIONS. This
chapter 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 resubdividing of each prior subdivision and any
new subdivision.
Section 10. EFFECT ON ~CTIVE SUBDIVISION DEVELOPMENT.
Developments which have received preliminary plat approval prior to
adoption of these regulations and are recorded within one hundred
4
eighty (180) days following adoption 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.
Section 11. 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 chapter imposes higher
standards than imposed by such deeds, covenants, or private
agreements, then the provisions of this chapter shall apply.
Section 12. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Florida, that the provisions of
this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Sebastian, Florida, and that the sections
of this Ordinance may be renumbered, relettered, and the word
"ordinance" may be changed to "Section", "Article", or such other
word or phrase in order to accomplish such intention.
Section 13. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the city of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 14. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was
Councilmember ~,,d~yL./'
by Counc i lmemb e r L ~,~ ..~J/%l~
into a vote, the vote was as follows:
moved for adoption by
. The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp · ~.,~.
Councilmember Ray Halloran
Councilmember Louise R. Cartwright ........ ~~ .....
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of
, 1995.
Arthur L. Firtion, Mayor
ATTEST:
Kathry~ M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
~lifto~ ~. MC~ilelland, 'Jr.
City Attorney