Loading...
HomeMy WebLinkAboutO-97-31ORDINANCE NO. O-97-31 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-17.1. AND 20A- 17.2. THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES REGARDING REQUIRED IMPROVEMENTS AND DESIGN STANDARDS FOR SUBDIVISIONS BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY ENGINEER, REQUIRING CONSULTATION WITH THE CITY ENGINEER, SUBSTITUTING INDIAN RIVER COUNTY UTILITIES DEPARTMENT FOR CITY ENGINEER RELATING TO CENTRAL WATER SYSTEMS, BY CLARIFYING PERMIT REQUIRED FOR FILL IN A MUCK OF CLAY AREA; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding required improvements and design standards for subdivisions by substituting Community Development Director for City Engineer, by requiring consultation with the City Engineer, by substituting Indian River County Utilities Department of the City Engineer relating to central water systems, and by clarifying the required permit for fall in muck or clay areas; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-17.1. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-17.1. Required improvements. Clearing, grading and filling. The subdivision shall be graded and where necessary, filled to comply with the stormwater management requirements prescribed in subsection 20A-10.2(H) of this code. Developers shall be required to clear all rights-of-way and to make all grades for streets, alleys, lots and other areas, compatible for drainage as prescribed in the stormwater management requirements of subsection 20a-10.2(Iff) of this code. All 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, and any form of debris that is subject to consolidation, disintegration, erosion or encourages the presence of insects, termites, or vermin. The type of fill within the rights-of-way shall be satisfactory to and meet with the approval of the Community Development Director, with the concurrence of the city engineer, who shall require soil tests of the backfill and the underlying material at the cost of the applicant and who shall require the development's project engineer to certify the type of material and method of placement. In the interest of preservation of existing trees and other natural beauty, the Community Development Director, with the concurrence of the city engineer, may vary the requirements of this section where aesthetic and environmental conditions will be enhanced but will not adversely affect property drainage of the area. Land clearing, excavation and fill permits as required by the City of Sebastian Code of Ordinances shall be obtained from the community development director prior to commencement of clearing, grading or filling work. Street lighting. Street lights shall be installed at each street intersection, at mid-block locations where the distance between intersections exceeds nine hundred (900) feet, and at the end of each cul-de-sac. 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 requirements reasonable for public safety and welfare. Wherever, in the opinion of the Community Development Director, with the concurrence 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 Community Development Director, with the concurrence of the city engineer, and shall be wired for underground service except where overhead service is permitted. 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. Central water system. A complete water supply, distribution and treatment system shall be provided for all subdivisions. In the event individual water facilities are allowed under applicable state and county regulations, the applicant shall be required to deposit in escrow with the city for the purpose of constructing a water distribution and treatment system, the amount of the cash or a guarantee acceptable to the city equal to one hundred ten (l 10) percent of the system's estimated construction and installation costs as certified by the project engineer and approved by the Indian River County Utilities Department. The design of the entire system shall be engineered and coordinated with the Indian River County Utilities Department to meet applicable local and state specifications. Traffic control devices. The applicant shall install all required traffic control devices based on design requirements, including but not limited to traffic lights, 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. A traffic impact analysis pursuant to subsection 20A-10.2(D) of this code, approved by the Community Development Director, with the concurrence of the city engineer and the Department of Transportation (DOT), shall determine traffic light requirements. All control devices shall be consistent with the Florida DOT manual entitled "Uniform Traffic Control Devices for Streets and Highways." If, at any time prior to final acceptance, an unforeseen need becomes apparent for signing, pavement markings or other traffic controls that were not shown on the approved plans, the city reserves the tight to require the additional traffic control devices in the interest of public safety and as a condition of city acceptance. Section 2. Section 20A-17.2. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-17.2. Design standards. The design of the required subdivision improvements shall be in accordance with standard engineering principles. Design data, such as calculations and analysis, shall be submitted along with the development plans coveting important features affecting design and important features of construction. Such calculations and analysis shall include, but not be limited to, high ground and surface water elevations, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when standards of the Ametican Association of State Highway Officials (AASHO) are inadequate. The design of required improvements shall be accomplished in such a manner that they shall be equal to or exceed the following: A. Access: General design of access. Access shall be provided as follows: (e) All major subdivisions, as defined in subsection 20A-16. I(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 subsection 20A-16.1(D). Each public means of ingress and egress to a major 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 subsection 20A-16.1(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 approved by the Community Development Director with the concurrence of the city engineer. Specific access design. Points of access (driveways) to lots developed within a subdivision shall be located a minimum of thirty (30) feet fi-om intersecting right-of-way lines or local streets and one hundred eighty (180) feet from intersecting right-of-way lines on all other streets of higher classification as defined in this ordinance. The subdivision shall be designed to provide access to the lots by the use of local streets. 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 (1,320) 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 fi-om 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 and major thoroughfare plan, with intermittent points at median opening locations being a minimum of six hundred sixty (660) feet fi-om 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 if approved by the Community Development Director with the concurrence of the city engineer. Blocks. The length, width and shape of blocks shall be determined with due regard to: · Provisions of adequate building sites suitable to the special needs of the type of use contemplated. Zoning requirements as to lot size and dimensions. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. Most advantageous use of topography and preservation of mature trees and other material features wherever possible. (a) Block lengths shall not exceed one thousand three hundred twenty (1,320) feet between intersecting streets. Greater lengths may be approved by the Community Development Director with the concurrence of the city engineer where special topographical conditions exist. (b) Pedestrian crosswalks not less than eight (8) feet wide may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Easements: 1. 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 (7½) 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 Community Development Director with the concurrence of the city engineer, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Seawalls, bulkheadx, piers and docks. Seawalls, bulkheads, piers and docks installed along access waterways shall be installed under permit issued by the community development director with the concurrence of thecity engineer. Seawalls and bulkheads shall not be constructed below the mean high water line unless permitted by the controlling federal or state agency. 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 nonpervious soils (hard pan or other impervious soils) or unstable soils, (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 Community Development Director with the concurrence of the city engineer shall require such additional design and construction as is 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 Community Development Director with the concurrence of the city engineer and shall be recorded as to location and result on the construction plans. Streets. The proposed subdivision street layout shall be coordinated with the adopted comprehensive plan and major thoroughfare plan, as exists or as may hereafter 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: Streets adjoining unsubdivided land When a new subdivision adjoins unsubdivided land, new streets which in the opinion of the Community Development Director with the concurrence of the city engineer, the planning and zoning commission, and/or the city council are required to serve the abutting unsubdivided land, those streets shall be designed as to collector streets and 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. 10 3. Impact of major thoroughfare plan. The new subdivision shall provide for the incorporation and compatible development of present and future streets as generally delineated on the major thoroughfare plan 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 Community Development Director with the concurrence of 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 required subdivision applicants to conform to the newly prescribed road improvement. 5. Street right-of-way characteristics. Street improvements shall be designed in a manner compatible with design characteristics of the Indian River County functional classification system as established in the city and in the county comprehensive plan as cited below: Arterial Streets Move traffic to, from and through the county. Longer distance trips Characteristics - R-O-W generally 120-150 feet to accommodate 4-6 lands, turnouts, 11 within the county, property access is a secondary function Major Collector Streets Main feeder streets to arterial routes from developed areas. medians, etc. - 12-foot lanes; median desirable - Signalization at intersections with arterials and major collectors - Turn and deceleration lanes at intersections. - Frontage roads desirable; restricted access from adjacent property and streets (660 feet minimum separation desired). - R-O-W of 80 feet to accommodate 4 lanes, walks or bike paths, drainage, etc. - 12-foot lanes; median not required. - Residential streets should access route at limited points and direct access from lots should be minimized in lot layout. Can be used as component of bike path system if adequate auto and bike separation can be achieved in right- of-way. 12 Minor Collector Streets Collect traffic fi-om local streets and feed to major collectors and arterials. Also provide access to streets. Local Streets' Function is to provide access to adjacent property. Design should discourage through use. [6. 7. - R-O-W of 60 feet to accommodate 2 lanes, parking, sidewalks, drainage. - 12-foot lanes; median not required. - Should have stop signs on side property. - R-O-W of 50 feet to accommodate 2 lanes where curb and gutter is proposed; right-of-way of 60 feet to accommodate two lanes where swales are proposed. - 12-foot lanes. 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. The specific design features shall be recommended for approval by the Community Development Director with the concurrence of the city engineer prior to acceptance by the city. Reserved.] 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 13 length of six hundred (600) feet in length except where natural geographic barriers exist necessitating a greater length approved by the Community Development Director with the concurrence of the city engineer. When constructed with a curb and gutter, cul-de-sacs shall have fit~y (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. Construction in muck or clay areas. The design of streets proposed in excessive muck areas shall be considered on an individual basis. All plans submitted for construction in such areas shall be certified by a Florida registered engineer. Prior to issuance of a permit pursuant to Sec. 20A- 5,17 for such construction, the Community Development Director with the concurrence of the city engineer shall review and planning and zoning commission shall approve the engineered plan as submitted by the applicant. Street grades. Street grades shall be determined in relation to the drainage installations for the subdivision. Street grades shall not exceed three (3) 14 13. 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 approved by the Community Development Director with the concurrence of the city engineer. Road grades shall be shown on the development plans by the direction, percent of gradient and with centerline lineal distances between control points. Railroads on or abutting subdivisions. When a subdivision borders on or contains a railroad right-of-way, a street or easement, as recommended by the Community Development Director with the concurrence of the city engineer, approximately parallel to and on each side of such right-of-way may be required at a distance suitable for appropriate use of the intervening land for recreation or buffer purposes in residential districts or for commercial or industrial purposes in appropriate districts. Utilities. Utilities, including franchised utilities, power and light, telephone and telegraph, water, sewer, cable television, wiring to street lights and gas shall be installed underground. Waivers. The Community Development Director, with the concurrence of the city engineer, may recommend to the City Council waver of the requirement for underground installation if the service to the adjacent area 15 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. Central water systems. 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: 1. General requirements for central water system: b. Distribution system. The distribution system shall provide connections to each individual lot, to each public facility, to all required fir hydrants and fire protection systems and to median strips for irrigation where landscaped unless the median strips are irrigated by a separate system; water mains shall be required in each street right-of-way and shall be looped except in cul-de-sacs less than three hundred (300) feet long and cross streets not requiring service connections. 16 Plans for the central water system including fire protection facilities and appurtenances shall be submitted to the indian River County Utilities Department for review and approval. Central water systems shall comply with the following requirements according to the type of development or subdivision served as prescribed herein. Section 3. COI)IFICATION. 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 Land Development Code 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 4. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ~)//~.~/ /"7/, 1997. PASSED AND ADOPTED BY 17 THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS//DAY OF ~ 1997. The foregoing OrdinanceS/was moved for adoption by Councilmember '~~_,~..,, The motion was seconded by Councilmember ,//'~,~_~f~/_. and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this/~ day of /~//~ p ,1997. ....CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor ATTEST: _;7' Approved ~ m ~ ~d Comet: V~efie S~les CiW A~om~ 18