HomeMy WebLinkAboutCode Master Project 1978: Chapter 503: Subdivision of Land (No Change) (Use Original)122
LDR Codification May 1990
§503 . 01 SUBDIVISION OF LAND §503 . 02
CHAPTER 503
SUBDIVISION OF LAND
Sec . 503 . 01 Declaration of Purpose. The City Council of
the City of Cape Canaveral, Florida, hereby delegates to the
Planning and Zoning Board of the City, the powers herein ex-
pressed .
The procedures and standards for the development and sub-
division of real estate and for the surveying and platting
thereof, adopted and prescribed by this chapter are hereby
found by the Council to be necessary and appropriate in order
to provide for economical and sufficient streets with adequate
widths and with proper alignment and grades designed to promote
the public safety, health and general welfare, to provide for
suitable residential neighborhoods with adequate streets and
utilities and other improvements and facilities and appropriate
building sites, to save unnecessary expenditures of public
funds by initial proper construction thereof, and to provide
proper land records for the convenience of the public and for
improved identification and permanent location of real estate
boundaries . These requirements are the minimum deemed necessary
for the protection of the public health, safety and welfare .
[Ord. No . 12-62 , § 1, 17 Oct 1962; Ord. No . 7-84 , § 1, 1 May 1984 ]
Sec . 503 . 02 Definitions . For the purpose of this chapter,
certain words and terms used herein are defined as follows :
Alley - A minor roadway which is used primarily for
vehicular service access to the back or the side of properties
otherwise abutting on a street.
Board - The Cape Canaveral Planning & Zoning Board of the
City of Cape Canaveral, Florida.
Bridge - A structure erected over a depression or an
obstacle as over a river, canal or street, and carrying a
roadway for passenger or vehicle traffic .
Bulkhead - A retaining wall or structure designed to
prevent the erosion of land by water action.
Bulkhead Line - An artificial line established in or
along a river, watercourse, or body of water designating
the maximum distance or limit that land filling will be
permitted.
PAGE REVISED
1 MAY 84
§5 0 3 .0 2 SUBDIVISION OF LAND §503 . 02 21
Canal - An artificial watercourse, trench or ditch
in the earth for confining water to a defined channel.
City - The City of Cape Canaveral, Florida.
Comprehensive Plan - A plan, which may consist of several
maps, data and other descriptive matter, for the physical
development of the City or any portion thereof, including
any amendments, extensions or additions thereto adopted by
the City Council, indicating the general locations for major
roads, parks or other public open spaces, public building
sites, routes for public utilities, zoning districts or other
similar information.
Council - The City Council of the City of Cape Canaveral,
Florida.
Cul-de-sac - A street having one open end and being
permanently terminated by a vehicular turn-around .
Dedication - The deliberate appropriation of land by its
owner for any general and public uses, reserving to himself
no other rights than such as are compatible with the full
exercise and enjoyment of the public uses to which the property
has been devoted.
Easement - A right-of-way granted for limited use of private
property for a public or quasi-public purpose.
Finger - A manmade portion of land nearly surrounded by
water, consisting of a roadway ending in a cul-de-sac and lots
on both sides of the road; the lots abut the roadway and the
water .
Lot - A tract or parcel of land identified as a single unit
in a subdivision.
(A) Lot Depth: A distance measured in the mean direction
of the sidelines of the lot from the midpoint of the front lot
line to the midpoint of the opposite main rear line on the lot
(B) Lot Width: The mean horizontal distance between the
side lines measured at right angles to the depth.
Retainer Wall - See Bulkhead.
PAGE REVISED
1 MAY 84
213 §5 0 3 .0 2 SUBDIVISION OF LAND §503 .02
Right-of-Way - Land reserved, used or to be used for
a street, alley, walkway, drainage facility or other public
purpose.
Street - The term "street" means a public way for
vehicular traffic whether designated as a street, highway,
thoroughfare, parkway, thruway, road, boulevard, lane, place,
or however designated.
(A) Arterial Streets and Highways . Those which are used
primarily for through traffic .
(B) Collector or Feeder Streets . Those which carry
traffic from minor streets to the major system of arterial
streets or highways, including the principal entrance streets
of residential development and streets for circulation within
such a development .
(C) Marginal Access Streets . Minor streets which are
parallel and adjacent to arterial streets and highways and
which provide access to abutting properties and protection
from traffic.
(D) Minor Streets . Those which are used primarily for
access to abutting property .
(E) Expressways . Streets or highways intended for fast
and heavy traffic traveling a considerable distance on which
points of ingress or egress and crossings are controlled,
limited or separated.
(F) Half-Street. A street generally parallel and adjacent
to the boundary of a tract, having a lesser right-of-way width
than required for a full width of the type involved .
Sketch-Plan - An informal plan indicating the salient
existing features of the site and its surroundings as described
in § 503 . 03 and the general layout of a proposed subdivision.
Sight Distance - The minimum extend of an unobstructed
forward vision (in a horizontal plane) along a street from
a vehicle located at any given point, on a street.
Subdivider - A person, firm or company who undertakes the
activities covered by these regulations particularly the
drawing up of a subdivision plat showing the layout of the
land and the public improvements involved therein. Inasmuch
as the subdivision plat is merely a necessary means to the
end of assuring a satisfactory development, the term "sub-
divider" is intended to include the term "developer" , even
though the persons involved in successive stages of the
project may vary.
PAGE REVISED
1 MAY 84
§5 0 3 .0 2 SUBDIVISION OF LAND §503 . 03 214
Subdivision - The term "subdivision" as used herein,
means the division of a parcel of land into two or more
lots or parcels for the purpose of transfer of ownership
or building development, or if a new street is involved,
any division of a parcel of land. The term "subdivision"
includes resubdivision and replatting, and when appropriate
to the context, shall relate to the process of subdividing,
or the land subdivided.
Utilities - The term utilities shall mean water, sewage,
drainage, electric light and power, telephone and gas lines .
[Ord. No. 12-62 , §2, 17 Oct. 1962 ; Ord. No. 7-84 , §2 , 1 May 1984]
Sec . 503 . 03 Preliminary Plat
(A) Preliminary Plat Information Required. The following
information shall be provided to the City of Cape Canaveral
ten (10) days prior to the meeting at which the Preliminary
Plat will be reviewed by the Board.
(1) Location Map showing the site in relation to the
existing community, including the name of the development
and its location and main traffic arteries .
(2) Topographic Map showing the proposed layout of
the streets, utilities, lots and other features in relation
to the existing conditions on a topographic survey .
(3) Preliminary Plat sufficiently completed to be
recorded, showing easements , etc .
(4) Other Preliminary Plans , consisting of profiles
showing existing ground surfaces and proposed street grades,
including extensions for a reasonable distance beyond the
limits of the proposed subdivision; typical cross sections
of the proposed grading, roadway and sidewalks, preliminary
plan of proposed sanitary sewers with grades and sizes in-
cluded.
(5) Draft of Protective Covenants whereby the Sub-
division proposes to regulate land use in the subdivision
and otherwise protect the proposed development. If there
is to be a Homeowner ' s Association established, then copies
of the Articles of Incorporation and the Bylaws shall be
provided.
(6) There shall be eight (8) copies of the above
documents provided by the subdivider
PAGE REVISED
1 MAY 84
215 §503. 03 SUBDIVISION OF LAND §503.05
B. City Review. Upon the documents being presented
to the City of Cape Canaveral , the Building Official
shall review and forward to the City Engineers a copy
of the Location Map, Topographic Map, Preliminary Plat
and such other documents as he deems appropriate to
enable the City Engineer to review the subdivision and
either approve the subdivision or point out areas that
are inadequate or improper . The City Attorney shall
review the Protective Covenants , Articles of Incorp-
oration and Bylaws and shall make recommendations , if
necessary.
C . Board Procedure . The Board shall review the
Preliminary Plat and other material submitted for
conformity with the Code and may negotiate on changes
deemed advisable, shall either express its approval or
disapproval , within thirty ( 30 ) days . All recommend-
ations , conditions and changes shall be noted on two
( 2 ) copies of the preliminary Plat by the Chairman of
the Board or his substitute . [Ord. No. 12-62 , §3 , 17
Oct 62; Ord. No. 7-84, §3, 1 May 84 ]
Sec. 503. 05 Procedure for Approval of Final Plat.
A. General.
1 . The Final Plat shall conform substantially to
the Preliminary Plat as approved, and if desired by
the Subdivider , it may constitute only that portion
of the approved Preliminary Plat which he proposes
to record and develop at the time , provided , how-
ever, that such portion conforms to all requirements
of these regulations.
2 . Application shall be made for Final Plat
Approval two (2 ) weeks prior to the meeting at which
it is to be considered.
3 . Eight copies of the Final Plat exhibits re-
quired for approval shall be prepared as specified
by the Code Chapter and by State Statute within six
( 6 ) months approval of the Preliminary Plat , or the
Preliminary Plat approval shall be null and void.
For good cause, the Board may grant one six-month
extension.
4 . The developer must record the Plat with
Brevard County , and supply the City with written
proof of the recording , before a Certificate of
Occupancy will be granted.
PAGE REVISED
19 MAY 87
§503. 05 SUBDIVISION OF LAND §503. 07
B. Requirements for Final Plat Approval. 216
1 . The following items shall be required before
Final Plat approval can be granted.
a. Certificate from City Engineer certifying
proposed subdivision is acceptable.
b . Either a irrevocable letter of credit,
bond, or certified check which will enable all
unfinished improvements to be accomplished by the
City, if need be.
c . Protective Covenants in form for recording,
if required.
d. Other data as may be necessary which shall
be determined by the Board.
C . Recommendations of the Board. When all require-
ments have been satisfied , the Board will vote to
recommend approval or disapproval of the Plat , and
these recommendations will be submitted to the City
Council at their next regularly scheduled Council
meeting . The City Council shall vote, in Resolution
form, to either accept or reject the Board' s recommend-
ation. [Ord. No. 12-62 , §5 , 17 Oct 62 ; Ord. No. 7-84 ,
§5, 1 May 84; Ord. No. 16-87, §1, 19 May 87]
Sec . 503 . 07 Preliminary Plat Approval , Plats and
Data.
A. Topographic Data as required as a basis for the
Preliminary Plat in paragraph ( B ) below shall include
existing conditions as follows , except when otherwise
specified by the Board.
1. Boundary Lines: bearings and distances.
2 . Easements: location, width and purpose.
3 . Streets : on and adjacent to the tract; name
and right-of-way width and location; type, width and
elevation of surfacing ; any legally established
center-line elevations ; walks , curbs ; gutters ;
culverts, etc.
4 . Utilities : on and adjacent to the tract;
location and size and invert elevation of sanitary,
storm and combined sewers ; location and size of
water mains; location of gas lines , fire hydrants ,
electric and telephone poles, and street lights, if
water mains and sewers are not on or adjacent to the
tract, indicate the direction and distance to, and
size of nearest ones , showing invert elevation of
sewers.
PAGE REVISED
19 MAY 87
§503. 07 SUBDIVISION OF LAND §503. 07
( 5 ) Ground Elevations : on the tract, based
on a datum plane approved by the City ' s Engineer : for
land that slopes less than approximately two percent
( 2% ) , show spot elevations at all break in grade, along
all drainage channels or swales, and at selected points
not more than 100 feet apart in all directions ; for
land that slopes more than approximately two percent
(2% ) , either show contours with an interval of not more
than five ( 5 ) feet if ground slope is regular and such
information as is sufficient for planning purposes , or
show contours with an interval of not more than two ( 2 )
feet, if necessary, because of irregular land or need
for more detailed data for preparing plans and con-
struction drawings.
( 6 ) Subsurface Conditions on the Tract :
location and results of tests made to ascertain subsur-
face soil, rock and ground water conditions; depth to
ground water unless test pits are dry at a depth of
five feet ; location and results of soil percolation
tests if individual sewage disposal systems are pro-
posed.
( 7 ) Other Conditions on the Tract : water
courses, marshes, rock outcrop, wooded areas , isolated
preservable trees one foot or more in diameter, houses,
barns, shacks and other significant features.
( 8 ) Other Conditions on Adjacent Land: ap-
proximate direction and gradient of ground slope, in-
cluding any embankments or retaining walls; character
and location of buildings, railroads , power lines , tow-
ers , and other nearby nonresidential land uses or ad-
verse influences ; owners of adjacent unplatted land;
for abutting platted land refer to subdivision plat by
name, recording date, and number , and show approximate
percent buildup, typical lot size and dwelling type.
(9 ) Zoning on and adjacent to the tract.
( 10 ) Proposed Public Improvements: highways
or other major improvements planned by public authori-
ties for future construction on or near tract.
( 11) Key Plan: showing location of the tract.
( 12 ) Photographs of the tract, at the request
of the Board.
PAGE REVISED
18 MAR 86
§503. 07 SUBDIVISION OF LAND §503 . 07
( 13 ) Title and Certificates : Present tract
designation according to official records in office of
appropriate recorder; title under which proposed subdi-
vision is to be recorded with names and addresses of
owners , notation stating acreage , scale, north arrow,
datum, benchmarks , certification of registered civil
engineer or surveyor, date of survey.
( B) Preliminary Plat ( general subdivision plat)
shall be at a scale of one hundred ( 100 ) feet to one
( 1 ) inch or larger . It shall show all existing condi-
tions required in subsection (A ) above , "Topographic
Data" and shall show all proposals including the follow-
ing:
( 1 ) Streets : names , right-of-way and road-
way width; approximate grades and gradient ; similar
data for alleys, if any.
( 2 ) Other right-of-way or easements: loca-
tion, width and purpose.
( 3 ) Location of Utilities: if not shown on
other exhibits.
( 4 ) Lot Lines, lot numbers and block numbers.
( 5 ) Public Use Sites, if any, to be reserved
or dedicated for parks , playgrounds or other public
uses.
( 6 ) Other Sites , if any, for multifamily
dwellings , shopping centers , churches , industry or
other nonpublic uses , exclusive of single-family dwel-
lings.
( 7 ) Setbacks, minimum building setback lines.
( 8 ) Size Data: including number of residen-
tial lots, typical lot size and acres in parks, etc.
( 9 ) Owner, scale, north arrow and date.
( 10 ) Vicinity Map: approximately 3.5 inches
x 3.5 inches in size, showing the site in relation to
the existing community.
( C ) Other Preliminary Plans . The Preliminary
Plat shall be accompanied by profiles showing existing
ground surface, or proposed elevations of fill , and
PAGE REVISED
18 MAR 86
§503. 07 SUBDIVISION OF LAND §503. 08
proposed street grades , including extensions for a
reasonable distance beyond the limits of the proposed
subdivision ; typical cross sections of the proposed
grading, roadway and sidewalk; the preliminary plan of
proposed sanitary and storm water sewers with grades
and sizes indicated. All elevations shall be based on
a datum plane as projected from known benchmarks as
listed by location and elevation in the State of
Florida Department of Conservation Geological Bulletin
# 32 , "Elevations in Florida " or by the Coastline
Geodetic Survey U . S . Department of the Interior . In
addition, at the discretion of the Planning and Zoning
Board , a traffic impact survey or analysis may be
required. [Ord. No. 12-62 , §7 , 17 Oct 1962 ; Ord . No .
7-84, §7, 1 May 1984; Ord. No. 7-86, §1, 18 Mar 1986 ]
Sec. 503. 08 Plats and Data for Final Approval
( A ) The Final Plat shall be drawn by the sub-
divider to conform to the requirements of the City
Council and the Board of County Commissioners of
Brevard County, Florida , for approval and filing with
the County Clerk.
Six transparencies or printable copies of the Final
Recorded Plat shall be prepared by the subdivider for
the Records of the City of Cape Canaveral, Florida, and
shall be submitted to the City Clerk with all
appropriate fees to enable the City Clerk to record the
documents in the Public Records of Brevard County.
( 1 ) Primary Control Points or descriptions
and "ties" to such control points , to which all dimen-
sions , angles , bearings and similar data on the plat
shall be referred.
( 2 ) Tract Boundary Lines, right-of-way lines
of streets, easements and other right-of-way, and prop-
erty lines of residential lots and other sites ; with
accurate dimensions, bearings or deflection angles , and
radii, arc, and central angles of all curves.
( 3 ) Name and Right-of-Way Width of each
street or other right-of-way.
( 4 ) Locations , dimension and purpose of any
easements.
( 5 ) Number to identify each lot and block.
PAGE REVISED
18 MAR 86
§503. 08 SUBDIVISION OF LAND §503.08
( 6 ) Purpose to which sites are dedicated or
reserved.
( 7 ) Minimum Building Setback Line on all
lots and other sites.
(8 ) Location and Description of monuments.
( 9 ) Names of Record Owners of adjoining un-
platted land, at the option of the Board.
( 10 ) Reference to recorded subdivision plats
of adjoining platted land by record name , date and
number.
( 11 ) Certification by Registered Surveyor or
registered engineer certifying to accuracy of survey or
plat.
( 12 ) Certification of Title showing that ap-
plicant is the land owner.
( 13 ) Dedication Statement by Owner dedicating
streets , rights-of-way, including waterways and all
sites for public use.
( 14 ) Title , Scale, North Arrow and Date on
each sheet.
( 15 ) Certification of Approval by the Board
and Council.
( B) Cross Sections and Profiles of Streets, show-
ing grades approved by the City ' s Engineer . The pro-
files shall be drawn to City standard scales and eleva-
tions, and shall be based on a datum plane approved by
the City ' s Engineer. [Ord. No. 12-62, §8, 17 Oct 1962 ;
Ord. No. 7-84, §8 , 1 May 1984 ]
PAGE REVISED
18 MAR 86
220 § 503. 09 SUBDIVISION OF LAND § 503. 09
Sec. 503. 09 Required Improvements.
(A) Permanent Markers.
(1) Within thirty (30) days after the approved Final
Plat has been filed and recorded in the Office of the
Brevard County Clerk, the subdivider, or property owner,
shall cause a registered surveyor to install permanent
concrete monuments to be erected on the corner and end
of all property to be dedicated to the City for streets,
parks, playgrounds or other public purposes . He shall
also install such monuments at corners of the blocks.
(2) Where angles and curves occur in street or ease-
ment lines , such monuments shall be placed at all angle
points, points of curve and points of tangency. When
the aforesaid monuments have been installed, the regis-
tered surveyor shall notify the City' s Engineer who will
then inspect the installation in the presence of the
registered surveyor. If the work has been completed
satisfactorily, in the opinion of the City ' s Engineer,
he will notify both the owner and the registered surveyor
in writing that such work meets the requirements of this
section.
(3) The monuments must be of such material , and size
as approved by the City Engineer.
(4) Iron pipes shall be placed at all lot corners .
(B) Elevation Control.
(1) Elevations are referred to United States Coast
and Geodetic Datum.
(2) One monument with bronze disk will be required
in each subdivision or at least one per fifty units in
larger subdivisions . The location of the monuments must
be approved by the City Engineer.
(3) Specifications. A 3-inch flat, circular bronze
disk, three-sixteenths of an inch thich with a one by two-
and-one-half-inch stem at the bottom of which is a base
one and one-half inches in diameter and three-sixteenths
of an inch thick. This marker is cemented in a drill hole
in solid rock, in a bridge abutment, or other permanent
masonry structure. Inscription to read: Florida, B. M.
No. , Elev. , and Cape Canaveral .
§ 503. 09 SUBDIVISION OF LAND § 503 . 09 221
(C) Utility and Street Improvements .
(1) Water Supply. All residential structures shall
be connected to the City Water Supply. Additionally,
fire hydrants shall be placed so that the area served
must fall within 500 feet radium or 650 feet along the
street. Minimum size of the fire hydrant main shall
be six (6) inches and specifications shall conform to
American Water Works Association requirements . All
Public water plans and specifications must be approved
by the City Engineer and the Florida Board of Health.
(2) Public Sewer plans and specifications must be
approved by the City Engineer and the Florida Board
of Health.
(3) Storm drainage, ground water drainage and other
drainage improvements plans and specifications must be
approved by the City Engineer.
(4) Streets
(a) Arterial streets cross sections in accordance
with the City Master Plan and as determined by the
City Engineer and approved by the Planning Board.
(b) Collector streets shall have a sixty (60) ft.
R.O.W. , two twenty (20) ft. pavements, four (4) ft.
separation strip, five (5) ft. sidewalk on each side,
or a sixty (60) ft. R.O.W. , forty (40) ft. pavement,
four (4) ft. sidewalk on each side.
(c) Minor streets for row houses and apartments
shall have a sixty (60) ft. R.O.W. , thirty-six (36)
ft. pavement, five (5) ft. sidewalk on each side.
For other residences, minor streets shall have a
fifty (50) ft. R.O.W. , twenty-four (24) ft. pave-
ment, five (5) ft. sidewalk on each side.
(d) Marginal access , fifty (50) ft. R.O.W. ,
twenty-four (24) ft. pavement, five (5) ft. side-
walk on each side.
(e) Streets along development boundaries, and
streets connecting a development with existing im-
proved street systems require cross sections as
determined by the City Engineer and approved by
the Planning Board.
222 § 503. 09 SUBDIVISION OF LAND § 503. 09
(f) Alleys must be paved full width, twenty
(20) feet minimum, as per approval of the City
Engineer.
(g) Grades on streets require plans and profiles
to be approved by the City Engineer.
(h) Radii of pavements at street intersections
shall not be less than 30 ft. at edge of pavement or
face of curb line.
(i) All right-of-way for streets, roads , and
drainage easements are to be cleared for their full
width and upon completion, left in a clean and neat
condition and, if required to prevent erosion or ex-
cessive washing, said areas abutting the street and
ditches to be sprigged with grass, or other protective
measures taken as required by the City Engineer.
(j ) All necessary drainage easements shall be
furnished at no expense to the City.
(k) The developer shall give the City Engineer
at least two weeks notice in writing by registered
letter before the commencement of any construction.
(1) The developer shall have available a qualified
engineer or assistant for the purpose of setting all
line and grade stakes when required by the contractor
or inspector.
(m) The City of Cape Canaveral may have an in-
spector on the project when deemed necessary, by
the City Engineer, during the construction period
and said inspector shall be authorized to enforce
the construction of said work in accordance with the
plans and specifications covering same, and that said
inspector shall be furnished with a complete set of
plans and specifications covering same, and that said
inspector shall be furnished with a complete set of
plans and specifications for this purpose. If any
change is required in said plans during the period
of construction, such changes must first be approved
by the City Engineer.
(n) All pavement shall be not less than twenty-
four (24) feet from roadside face of curb.
(o) All pavement shall be one of the following
types, having a minimum thickness of six (6) inches,
§ 503. 09 SUBDIVISION OF LAND § 503. 09 223
and as prescribed by the Brevard County Specifications ,
and no other:
Limerock Stabilized Base. Limerock base will only
be used in well drained areas not having a high or
fluctuating water table. The area must be approved
by the City Engineer.
Soil-Cement Base. Design of the mixture shall
be submitted to the City Engineer for all approval
before processing begins. Wit-dry test cylinders
shall have a p.s.i. compression value of 300 pounds
or greater at seven days .
Sand Bituminous Road Mix. Design of the mixture
shall be submitted to the City Engineer for approval
before processing starts . The design will include
the amount of bitumen by volume to be supplied per
inch of depth per square yard of surface, the maximum
obtainable density per cubic foot with optimum bitumen
content.
(p) The Pavement Surface of streets shall have
single, double or triple surface treatment as spec-
ified by the Florida State Road Department standard
specifications for road and bridge construction and
one-inch type I or type II minimum asphaltic concrete
surface cours, as specified by the Florida State Road
Department standard specifications for road and bridge
construction.
(q) Subgrade Stabilization streets shall have a
Florida Bearing Value of 40 pounds or greater to depth
of six (6) inches. The subgrade shall be that portion
of the road directly and through six (6) inches below
the base course and the entire width of the road and
extending six (6) inches back of the curbs . If curbs
are not used the subgrade will be stabilized one (1)
foot wider than the pavement on both sides.
(r) Intensity of Tests . Stabilized subgrade re-
quires 1 F.B.V. for every 600 square yards. Base
course design for soil cement and sand bituminous
road mix requires a test for every material change.
Limerock base course requires a Proctor Test for
every type of limerock. Asphaltic concrete surface
course requires a design to be submitted for approval.
A 2300 pound Hubbard-Field stability is required as
well as type 2 as prescribed by the State Road De-
partment Specifications .
224 §503. 09 SUBDIVISION OF LAND §503. 09
(s) Curbs and gutters shall be raised curb of one
of the following types and shall be constructed of
class A concrete:
Six-inch by sixteen-inch straight curb;
Combination curb and gutter;
Combination sloped curb and gutter sloped
curb.
(t) Sidewalks
(1) Residential areas shall have a sidewalk
no less than four (4) feet wide.
(2) Arterial and collector streets shall
have a sidewalk five (5) feet wide.
(3) All sidewalks shall be class B concrete,
four (4) inches thick, with 6 x 6 x 10 wire mesh, expan-
sion joints at thirty (30) foot intervals and contrac-
tion joints scribed at five (5) foot intervals.
(4) All sidewalks must be approved by the
City Engineer.
(u) Driveway aprons shall be a minimum of six (6)
inches thick, Class B concrete, with 6 x 6 x 10/10 wire
mesh . Driveways shall be a minimum of four (4) inches
thick, Class B concrete, with 6 x 6 x 10/10 wire mesh.
(v) Catch Basins and Drop Inlets shall be con-
structed of either Class A concrete or bricks.
(w) Drainage Pipe
(x) Street Markers. The developer will furnish
and install street markers at all intersections. Such
street markers will be of the quality and design as
approved by the City Engineer.
(y) Seeding and Planting Median Strips. As per
City specifications.
(D) Boundary Line Survey
(1) Closure
PAGE REVISED
18 MAR 86
§503 . 09 SUBDIVISION OF LAND §503. 10 225
( a ) The angular error of closure shall not exceed
one minute ( 1) times the square root of the number of
observations.
( b ) The linear error of closure shall not exceed
one foot in five thousand feet (5, 000) .
( c ) The closure error shall be adjusted by the
transit method.
( 2 ) Marking Boundary Lines. Corners and/or
angles in property lines shall be marked with 4 " by 4 "
x 30 " concrete monuments with 2.5 " brass caps . The
concrete monuments shall be reinforced with a No . 4
steel rod.
( 3 ) Computations . Two copies of computa-
tions of closure shall be submitted for the approval of
the City Engineer.
(E) Specifications.
( 1 ) The City Engineer is hereby empowered to
develop, publish, apply and enforce regulations and all
specifications and procedures required or necessitated
by this Chapter.
(F) Final Acceptance of Work
( 1 ) Maintenance will not be finally accepted
by this City until all work is fully completed from
right-of-way line and approved and certified by the
City Engineer.
( 2 ) All construction shall be in accordance
with the existing applicable State Road Department and
Brevard County Road Specifications . [ Ord . No. 7-86 ,
§1, 18 Mar 1986 ]
Sec. 503. 10 Blocks
( A ) The lengths , widths and shapes of blocks
shall be determined with due regard to:
( 1 ) Provision of adequate building sites
suitable to the special needs of the type of use contem-
plated.
( 2 ) Zoning Requirements as to lot sizes and
dimensions.
( 3 ) Needs for convenient access , circula-
tion, control and safety of street traffic.
( 4 ) Limitations and opportunities of topo-
graphy.
PAGE REVISED
18 MAR 86
226 § 5 0 3. 10 SUBDIVISION OF LAND § 503. 12
(B) Block lengths shall not exceed 1, 800 feet, or be
less than 500 feet.
(C) Pedestrian Crosswalks, not less than four (4) feet
wide, shall be required where deemed essential to provide
circulation or access to schools , playgrounds , shopping
centers, transportation and other community facilities .
Sec. 503 . 11 Lots
(A) The size, width, depth, shape and orientation, and
the minimum building setback lines shall be in conformity with
the requirements of the City ' s Zoning Code.
(B) Lot Dimensions shall conform to the requirements
of the City' s Zoning Code.
(1) Residential lots when not immediately serviceable
by public sewer shall meet the minimum requirements of
the Florida State Board of Health.
(2) Depth and width of properties reserved or laid
out for multiple, commercial and industrial purposes
shall be adequate to provide for off-street service and
parking facilities required by the type of use and
development contemplated.
(3) Corner lots for residential use shall have
extra width to permit appropriate building setback from,
and orientation to both streets .
(C) The Subdividing of the land shall be such as to
provide, by means of a public street, each lot with access
to an existing public street.
(D) Double Frontage, and reverse frontage lots, should
be avoided unless essential to provide separation of resi-
dential development from traffic arteries or to overcome
specific disadvantages of topograph and orientation. A
planting screen easement of at least ten (10) feet, and
across which there shall be no right of access, shall be
provided along the line of lots abutting such a traffic
artery or other disadvantageous use.
(E) Side Lot Lines , shall be substantially at right
angles or radial to street lines.
Sec. 503. 12 Easements
§ 503.12 SUBDIVISION OF LAND § 503 . 14 227
(A) Easements across lots or centered on rear or side
lot lines shall be provided for water, sewage and drainage
where necessary and shall be at least ten (10) feet wide.
(B) Where a subdivision is traversed by a water course,
drainage way, channel or stream, there shall be provided
a storm water easement or drainage right-of-way conforming
substantially with the lines of such water course, and
such further width or construction, or both, as will be
adequate for the purpose. Parallel streets or parkways
may be required in connection therewith, except in the
case of "fingers."
Sec. 503.13 Public Sites and Open Spaces.
(A) Where a proposed park, playground, school or
other public use is shown in a Comprehensive Plan or a
General Community Plan, is located in whole or in part
in a subdivision, the Board may require the dedication
or reservation of such areas within the subdivision in
those cases in which the Board deems such requirement
to be reasonable.
(B) Where deemed essential by the Board, and as
approved by the City Council, upon consideration of the
particular type of development proposed in the sub-
division, and especially in large-scale neighborhood
unit developments not anticipated in the Comprehensive
Plan, the Board may require the dedication or reservation
of such other areas or sites of a character, extent and
location suitable to the needs created by such develop-
ment for schools, parks and other neighborhood purposes.
Sec. 503.14 Alleys
(A) Alleys shall be provided in commercial and in-
dustrial districts, except that the City may waive this
requirement where other definite and assured provision
is made for service access, such as off-street loading,
unloading and parking, consistent with and adequate
for the uses proposed.
(B) The width of an alley shall not be less than
twenty (20) feet, shall be paved full width.
(C) Alley intersections, and sharp changes in align-
ment shall be avoided, but where necessary cornersshall
be cut off sufficient to permit safe vehicular movement
for trucks.
228 § 503 . 14 SUBDIVISION OF LAND § 503. 15
(D) Dead-end alleys shall be avoided where possible
but if unavoidable, shall be provided with adequate
turn-around facilities at the dead-end, as determined
by the Board.
Sec. 503 . 15 Surface and Storm Drainage
(A) Request for approval of preliminary plat plans
shall be accompanied by a comprehensive study of the
surface and storm drainage system. In making this
study, the modified formula shall be used in computing
the amount of storm water to be carried by the Drainage
System. The formula to be used is as follows :
Q = CIA, in which Q = total storm water run-off
C = a run-off coefficient representing the
ratio of run-off to rainfall
I = intensity of rainfall, or rate of rain-
fall in inches per hour
A = surfaced area in acres
In the use of this formula, the following ratio of
imperviousness Zoning classifications shall be taken:
Commercial 90%
Residential & Industrial Areas 40%
Parks & undeveloped Areas 5%
Since the coefficient of run-off is a combination of
these factors, together with other factors such as
retention, imperviousness, etc. , the following coef-
ficients of run-off may be used in the study.
Coefficient of Run-off "C"
Duration of Storm (minutes)
Area 10 15 20 30 60 120
Commercial .548 .645 .745 .836 .955 .975
Residential .356 .440 .502 .576 .680 .740
Undeveloped .237 .316 .369 .422 .522 .617
The design storm curve "I" to be used in these studies
shall be in the five-year frequency curve based on the
U.S. Weather Bureau and the U.S . Department of Agricul-
ture data. In moderately sized developments, the rate
of rainfall at the one-hour point may be used.
§ 503 . 15 SUBDIVISION OF LAND § 503. 15 229
For the City of Cape Canaveral this figure is approx-
imately three (3) inches per hour. Further, in using
this formula, consideration can also be given to the
fact that the water need not be entirely removed until
three hours after the end of this one hour rainfall .
The storm drainage plan may include the use of street
curbs and gutters and open ditches as transportation
arteries for the storm water, provided that the length
and grade of the street is not too great thereby per-
mitting the accumulation of excessive amounts of water
in the street proper. Culverts shall be used at all
points where open ditches occur at street or driveway
crossings. Underground storm sewers shall be used if
the area to be drained is too large for normal sized
drainage ditches. The decision in this respect shall
be made by the Board upon the recommendation of the City' s
Engineer.
Outfall of the subdivision surface or storm drainage
system shall be one of the following:
(1) Proper connection between the new subdivision
drainage system and the existing City drainage system,
if, in the opinion of the City' s Engineer, the existing
City system is adequate.
(2) Proper connection from the new subdivision to
existing natural drainage, such as a creek, river , or
low swampy areas adjacent to the subdivision.
(3) Proper connection from the new subdivision to
an existing drainage ditch or canal of the City, County
or Drainage District, provided written permission has
been secured from the political units having ownership
of such drainage facility.
(4) In the event none of the methods of disposal
of the storm waters from the subdivision outlined
above are readily accessible to the subdivision,
it shall be the responsibility of the subdivider to
provide a suitable outfall for the storm waters of
the new subdivision by securing permanent easements
or the purchase of right-of-way for the construction
of a suitable underground storm drain through private
property, so as to connect the subdivision storm
drainage system with a satisfactory disposal area.
In addition the cost of obtaining and installing such
drainage right-of-way and structures shall be the
responsibility of the developer.
230 § 5 0 3. 15 SUBDIVISION OF LAND § 503 . 18
(B) Materials for Storm Drainage Systems
(1) Pipe used in the construction of storm drain-
age systems shall be reinforced concrete, vitrified
clay or bituminous coated corrugated metal pipe and
pipe arch, or cast iron pipe conforming to the Florida
State Road Department Standard Specifications April 1 ,
1954 , Section 507, para. 507 . 1 through 507 . 8 inclusive.
(2) Catch basins and manholes shall be either
masonry or reinforced concrete Class B furnished with
cast iron frame grating or cover, conforming to the
Florida State Road Department Standard Specifications
April 1, 1954, Section 505 , para. 505. 1, Masonry Brick;
Section 209 , Structural Concrete, para. 209 . 1 through
209 . 22; Section 520, Steel and Other Metals, para.
520 . 12 , Frames and Gratings.
(3) Minimum size of storm sewers or culverts shall
be fifteen (15) inches.
Sec. 503 . 16 Potable Water Systems. The Subdivision
shall be provided with an adequate potable water system
designed by a registered engineer approved by the Florida
State Board of Health and the City' s Engineer. The system
shall be so sized as to provide adequate fire protection
in compliance with the recommendations of the National
Board of Fire Underwriters, for the initial and final
plans of the subdivision.
Sec. 503 . 17 Sanitary Sewer System. The Subdivision
shall be provided with a Sanitary Sewer Collection System
including interceptor sewers, lift stations and such
appurtenances as to deliver the sewage to the Sanitary
Sewer System of the City of Cape Canaveral at a convenient
point of connection. The sanitary sewer system shall be
designed by a registered engineer and approved by the
Florida State Board of Health and the City' s Engineer.
Sec. 503. 18 Streets , Roads and Alleys. Streets,
roads and alleys as shown on the Final Plat will require
curbs and gutters, and driveways turnouts shall be con-
structed, all in conformity with specifications herein
outlined.
(A) General Plan. The arrangement, character, extent,
width, grade and location of all streets shall conform to
the Comprehensive Plan and shall be considered in their
relation to existing and planned streets, to topographical
231 § 503 . 18 SUBDIVISION OF LAND § 503 . 18
conditions, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to
be served by such streets.
(B) Where such is not shown in the Comprehensive Plan
the arrangement of streets in subdivisions shall either :
(1) Provide for the continuation or projection of
existing principal streets in surrounding areas, or
(2) Conform to a plan for the neighborhood approved
or adopted by the Board to meet a particular situation
where topographical or other conditions make continuance
or conformance to existing streets impracticable.
(C) Minor streets shall be so laid out that their use
by through traffic will be discouraged.
(D) Where a subdivision abuts or contains an existing
or proposed arterial street the Board may require marginal
access streets, reverse frontage with screen planting con-
tained in a nonaccess reservation along the real property
line, deep lots with rear service alleys, or such other
treatment as may be necessary for adequate protection of
residential properties and to afford separation of through
and local traffic.
(E) Where a subdivision borders on or contains a rail-
road right-of-way or limited access highway right-of-way,
the Board may require a street approximately parallel to
and on each side of such right-of-way, at a distance suit-
able for the appropriate use of the intervening land, as
for park purposes in residential districts, or for commer-
cial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard
for the requirements of approach grades and future grade
separations.
(F) Reserve strips controlling access to streets shall
be prohibited except where their control is definitely
placed in the City under conditions approved by the Board.
(G) Street jogs , with centerline offsets of less than
one hundred and twenty-five (125) feet shall be avoided.
(H) A tangent at least one hundred (100) feet long
shall be introduced between reverse curves on arterial
and collector streets .
233 § 503. 18 SUBDIVISION OF LAND § 503 . 18
(I) When connecting street lines deflect from each
other at any one point by more than ten (10) degrees,
they shall be connected by a curve with a radius adequate
to insure a sight distance of not less than seventy-five
(75) feet for minor and collector streets, and of such
greater radii as the Board shall determine for special
cases.
(J) Streets shall be laid out so as to intersect as
nearly as possible at right angles and no street shall
intersect any other street at less than sixty (60) degrees.
(K) Property Lines at street intersections shall be
rounded with a radius of twenty-five feet, or of a greater
radius where the Board may deem necessary. The Board may
permit comparable cut-offs or chords in place of rounded
curves.
(L) Street right-of-way widths shall be as shown in
the Comprehensive Plan and where not shown therein shall
be not less than as shown on the following tabulation.
Street Type Right of Way in Feet
Arterial 100'
Collector 60'
Minor for row houses & apts. 60'
Minor for other residences 50'
Marginal access 50'
(M) Half streets shall be prohibited, except where
essential to the reasonable development of the subdivision
in conformity with the other requirements of these regu-
lations; and, where the Board finds it will be practicable
to require the dedication of the other half when the ad-
joining property is subdivided. Whenever a half street
is adjacent to a tract to be subdivided, the other half
of the street shall be platted within such tract.
(N) Dead-end streets, designed to be so permanently
shall not be longer than five hundred (500) feet, except
on "fingers, " and shall be provided at the closed end
with a turn-around having an outside roadway diameter of
at least eighty (80) feet, and a street property line
diameter of at least one hundred (100) feet.
(0) No street names shall be used which will duplicate
or be confused with the names of existing streets. Street
names shall be subject to the approval of the Board.
234 § 5 0 3 . 18 SUBDIVISION OF LAND § 503. 20 -3
(P) No street grades shall be less than 0. 20 percent.
(Q) The minimum street widths, cross sections, curbs,
and gutters and construction standards are shown on the
page following the last page of this chapter.
(R) Grass drainage swales and paved entrance driveways :
An exception to the requirement for street curbs may be
made in those instances where it can be shown by the
detailed plans and specifications prepared by a registered
engineer, that the street grades and drainage swales grades
will be not less than 0. 6% and the storm and surface drain-
age plan prepared will be adequate and comparable with
that designed for curbed streets and roads; and further,
that the use of these grassed drainage swales in lieu of
curbs has been previously approved by the City' s Engineer
and the Board.
Sec. 503 . 19 Streets , Roads and Alleys - Technical
Specifications and Construction Methods.
(A) Streets , roads and alley construction materials
shall conform to the Standard Specifications for Road
and Bridge Construction of the Florida State Road Depart-
ment, of the latest issue at the time of the Subdivision
Application for Plat Approval as follows :
Sec. 20 Clearing and Grubbing
Sec. 21 Removal of Existing Structures
Sec. 23 Excavation and Embankment
Sec. 36 Stabilized Road Bed
Sec. 54 Limerock Base
Sec. 59 Soil-Cement Base
Sec. 106 Sand Bituminous Road Mix
Sec. 107 Sand Bituminous Road Mix
Sec. 100 Prime and Tack Coat for Bases
Sec. 102 Bituminous Surface Treatment
Sec. 129 Asphaltic Concrete Surface Type #2
Sec. 315 Concrete Curb, Concrete Curb and Gutter,
Concrete Valley Gutter
Sec. 337 Grassing and Mulching
Sec. 503.20 Bridges. Fixed span bridges shall be
constructed at a height of not less than eight (8) feet
above mean high water level and shall be constructed from
plans and specifications prepared by a registered engineer
and approved by the City. No road or bridge between
"fingers" shall be constructed which will preclude access
to the channel of the Banana River, as established by the
U.S . Corps of Engineers .
235 § 503 . 21 SUBDIVISION OF LAND § 503. 24
§ 503 . 21 Canals.
(A) The arrangement, character, extent, width and
location of all canals constructed by the Subdivider
shall conform to the Comprehensive Plan and shall be
considered in their relations to existing and planned
canals, rivers and waterways , to public convenience and
safety, and their appropriate relation to the proposed
uses of the land to be served by such canals. The min-
imum width of any canal or waterway shall be one hundred
(100) feet.
(B) Where such is not shown in the Comprehensive
Plan, the arrangement of canals in a subdivision shall
either :
(1) Provide for the continuation of appropriate
projection of existing canals or waterways in the
surrounding areas, or
(2) Conform to a plan for the neighborhood
approved or adopted by the Board to meet a particular
situation when conditions make continuance or con-
formance to existing canals or waterways impracticable.
Sec. 503 . 22 Bulkheads or Retainer Walls . Retaining
walls or bulkheads on all property abutting on canals or
waterways shall not be required, except at the option of
the Subdivider; but, if constructed, they shall be
designed and planned to meet the approval of the City.
When retainer walls are not constructed, the Subdivider
shall slope all lots or parcels abutting on canals, rivers
or waterways at a grade not to exceed eight (8) degrees.
All slopes shall be grassed from the high water level
to the crown of the slope.
Sec. 503. 23 Street Name Signs. Street name signs
shall be installed at the intersection of all streets,
carrying the street names approved on the subdivision
plat. Location and design of street name signs shall be
subject to the approval of the City Council .
Sec. 503 . 24 Sketches and Drawings.
Subdivision Street Types. Sketch shows street types
and street jogs, and street intersections. (See Exhibit
B)
Arterial and Collector Streets . Sketch shows cross
sections of construction of an Arterial Street, one
236 § 503.24 SUBDIVISION OF LAND § 503. 25
hundred (100) foot right-of-way; a Collector Street,
sixty (60) foot right-of-way; types of curbs and gutters
are indicated as well as types of wearing surface typical
construction details. (See Exhibit C)
Minor Streets. Sketch shows typical construction
details, showing cross section of sixty (60) foot right-
of-way for apartments or row houses; and, fifty (50)
foot right-of-way for standard construction on Minor
Streets. (See Exhibit D)
Long and Short Dead-End Streets and "Fingers" with
Turn-Arounds. Sketch shows accepted dimension for turn-
arounds. (See Exhibit E)
Sec. 503 . 25 Variance, Appeals, Arbitration, Sever-
ability Clause, Penalty, When Effective.
(A) Variance.
(1) Hardship. Where the Board finds that extra-
ordinary hardship may result from strict compliance
with these regulations, it may vary the regulations
so that substantial justice may be done and the public
interest secured; provided, that such variance will
not have the effect of nullifying the intent and pur-
pose of the Comprehensive Plan or these regulations.
(2) Large Scale Development. The standards and
requirements of these regulations may be modified by
the Board in the case of a plan and program for a new
town, a complete community, or a neighborhood unit, which
in the judgment of the Board provide adequate public
spaces and improvements for the circulation, recreation,
light, air and services needed for the tract when fully
developed and populated, and which also provide such
covenants or other legal provisions as will assure
conformity to and achievement of the plan.
(3) Conditions. In granting variances and
modifications, the Board may require such conditions
as will , in its judgment, secure substantially the
objectives of the standards or requirements so varied
or modified.
(B) Appeals and Arbitrations. Appeals from any
decision of the Board shall be taken to the Zoning Board
of Adjustment, which sections are hereby made a part of
this chapter by reference.
237 § 503. 25 SUBDIVISION OF LAND § 503. 25
(C) Severability Clause. If any section, subsection,
sentence, clause or phrase of this chapter is for any
reason held to be unconstitutional , void or invalid, the
validity of the remaining portions shall not be affected
thereby.
(D) Penalty. Any person or persons, firm or cor-
poration violating or failing to comply with the terms
and provisions specified herein, shall upon conviction
and at the discretion of the Court, be fined a sum not
to exceed Three Hundred Dollars ($300) , and each day
that a violation of this chapter continues shall con-
stitute a separate violation hereof . [Ord. No. 12-62 ,
17 Oct 1962]
EXHIBIT A
Conditional Approval of Preliminary Plat
The following spaces are to be provided on the Preliminary
Plat for the signatures of the Chairman of the Planning &
Zoning Board and the City' s Engineer :
Certificate of Conditional Approval by Planning & Zoning
Board
This is to certify that on the
Planning and Zoning Board of the City of Cape Canaveral,
Florida, approved the foregoing Preliminary Plat with
the conditions , if any, attached herewith and referenced
as . .
Chairman of the Board
Recommendation of City' s Engineer
This is to certify that as the City' s Engineer, I
have examined the foregoing Preliminary Plat and recommend
its conditional approval with the conditions , if any,
attached herewith and referenced as .
City Engineer
Deleted Sec. 503.24 during Codification in 1986 - According to City Manager material was out-dated.
J Leeser C. Clerk
§ 503 . 21 SUBDIVISION OF LAND § 503 . 24 238
§ 503 . 21 Canals.
(A) The arrangement, character, extent, width and
location of all canals constructed by the Subdivider
shall conform to the Comprehensive Plan and shall be
considered in their relations to existing and planned
canals, rivers and waterways , to public convenience and
safety, and their appropriate relation to the proposed
uses of the land to be served by such canals . The min-
imum width of any canal or waterway shall be one hundred
(100) feet.
(B) Where such is not shown in the Comprehensive
Plan, the arrangement of canals in a subdivision shall
either :
(1) Provide for the continuation of appropriate
projection of existing canals or waterways in the
surrounding areas, or
(2) Conform to a plan for the neighborhood
approved or adopted by the Board to meet a particular
situation when conditions make continuance or con-
formance to existing canals or waterways impracticable.
Sec. 503 . 22 Bulkheads or Retainer Walls . Retaining
walls or bulkheads on all property abutting on canals or
waterways shall not be required, except at the option of
the Subdivider; but, if constructed, they shall be
designed and planned to meet the approval of the City.
When retainer walls are not constructed, the Subdivider
shall slope all lots or parcels abutting on canals, rivers
or waterways at a grade not to exceed eight (8) degrees.
All slopes shall be grassed from the high water level
to the crown of the slope.
Sec. 503 . 23 Street Name Signs . Street name signs
shall be installed at the intersection of all streets,
carrying the street names approved on the subdivision
plat. Location and design of street name signs shall be
subject to the approval of the City Council .
35 § 5 0 3. 2 4 SUBDIVISION OF LAND § 503. 25
Sec. 503 . 25 Variance, Appeals, Arbitration, Sever-
ability Clause, Penalty, When Effective.
(A) Variance.
(1) Hardship. Where the Board finds that extra-
ordinary hardship may result from strict compliance
with these regulations , it may vary the regulations
so that substantial justice may be done and the public
interest secured; provided, that such variance will
not have the effect of nullifying the intent and pur-
pose of the Comprehensive Plan or these regulations.
(2) Large Scale Development. The standards and
requirements of these regulations may be modified by
the Board in the case of a plan and program for a new
town, a complete community, or a neighborhood unit, which
in the judgment of the Board provide adequate public
spaces and improvements for the circulation, recreation,
light, air and services needed for the tract when fully
developed and populated, and which also provide such
covenants or other legal provisions as will assure
conformity to and achievement of the plan.
(3) Conditions. In granting variances and
modifications, the Board may require such conditions
as will , in its judgment, secure substantially the
objectives of the standards or requirements so varied
or modified.
(B) Appeals and Arbitrations . Appeals from any
decision of the Board shall be taken to the Zoning Board
of Adjustment, which sections are hereby made a part of
this chapter by reference.
§ 503. 25 SUBDIVISION OF LAND § 503 . 25 2
(C) Severability Clause. If any section, subsection,
sentence, clause or phrase of this chapter is for any
reason held to be unconstitutional , void or invalid, the
validity of the remaining portions shall not be affected
thereby.
(D) Penalty. Any person or persons, firm or cor-
poration violating or failing to comply with the terms
and provisions specified herein, shall upon conviction
and at the discretion of the Court, be fined a sum not
to exceed Three Hundred Dollars ($300) , and each day
that a violation of this chapter continues shall con-
stitute a separate violation hereof. [Ord. No. 12-62 ,
17 Oct 1962]
Per City Mgr. Nutt, this paragraph was deleted in codification since no drawing will be attached. J. Leeser Nov 16
§ 5 0 3 .18 SUBDIVISION OF LAND § 503. 20
(P) No street grades shall be less than 0.20 percent.
(Q) Grass drainage swales and paved entrance driveways:
An exception to the requirement for street curbs may be
made in those instances where it can be shown by the
detailed plans and specifications prepared by a registered
engineer, that the street grades and drainage swales grades
will be not less than 0. 6% and the storm and surface drain-
age plan prepared will be adequate and comparable with
that designed for curbed streets and roads; and further,
that the use of these grassed drainage swales in lieu of
curbs has been previously approved by the City' s Engineer
and the Board.
Sec. 503 .19 Streets , Roads and Alleys - Technical
Specifications and Construction Methods.
(A) Streets, roads and alley construction materials
shall conform to the Standard Specifications for Road
and Bridge Construction of the Florida State Road Depart-
ment, of the latest issue at the time of the Subdivision
Application for Plat Approval as follows :
Sec. 20 Clearing and Grubbing
Sec. 21 Removal of Existing Structures
Sec. 23 Excavation and Embankment
Sec. 36 Stabilized Road Bed
Sec. 54 Limerock Base
Sec. 59 Soil-Cement Base
Sec. 106 Sand Bituminous Road Mix
Sec. 107 Sand Bituminous Road Mix
Sec. 100 Prime and Tack Coat for Bases
Sec. 102 Bituminous Surface Treatment
Sec. 129 Asphaltic Concrete Surface Type #2
Sec. 315 Concrete Curb, Concrete Curb and Gutter,
Concrete Valley Gutter
Sec. 337 Grassing and Mulching A
Sec. 503.20 Bridges. Fixed span bridges shall be
constructed at a height of not less than eight (8) feet
above mean high water level and shall be constructed from
plans and specifications prepared by a registered engineer
and approved by the City. No road or bridge between
"fingers" shall be constructed which will preclude access
to the channel of the Banana River, as established by the
U.S . Corps of Engineers.
History File Chapter 503
ORDINANCE NO. 7-86
AN ORDINANCE AMENDING CHAPTER 503, "SUB-
DIVISON OF LAND" , OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, FLORIDA;
REQUIRING A VICINITY MAP ON PLATS; REDUCING
THE MINIMUM THICKNESS OF DRIVEWAYS; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 503. 07, "Preliminary Plat Approval,
Plats and Data" , of the Code of Ordinances is hereby amended by
adding the following sub-paragraph:
Sec. 503. 07( B) (10 ) - Vicinity Map - approximately 3i
inches by 3i inches in size, showing the site in relation to
the existing community.
SECTION 2 . Section 503. 08, "Plats and Data for Final
Approval" , of the Code of Ordinances is hereby amended by adding
the following sub-paragraph:
Sec. 503. 08(A) ( 16 ) - Vicinity Map - approximately 3i
inches by 3 } inches in size, showing the site in relation to
the existing community.
SECTION 3 . Section 503. 09, "Required Improvements" , is
hereby amended by deleting sub-paragraph 503. 09 (C) ( 4 ) (u) in its
entirety and substituting in its stead, the following sub-
paragraph:
Sec. 503. 09 (C) ( 4 ) (u) - Driveway aprons shall be a
minimum of six ( 6 ) inches thick, Class B concrete, with 6 x
6 x 10/10 wire mesh. Driveways shall be a minimum of four
( 4 ) inches thick, Class B concrete, with 6 x 6 x 10/10 wire
mesh.
SECTION 4 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 5 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 18th day of March , 1986.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 3-4-86
Posted: 3-5-86
Advertised: 3-8-86
Second Reading: 3-18-86
NAME YES NO
FISCHETTI YES
LEE YES
MARCHETTI YES
NICHOLAS YES
WINCHESTER YES
Codified 9/86 eag
1
§5 0 3 . 0 7 SUBDIVISION OF LAND §5 0 3 .0 7
(5) Ground Elevations : on the tract, based on a
datum plane approved by the City' s Engineer: for land
that slopes less than approximately two percent (2%) ,
show spot elevations at all break in grade, along all
drainage channels or swales, and at selected points not
more than 100 feet apart in all directions; for land that
slopes more than approximately two percent (2%) , either
show contours with an interval of not more than five (5)
feet if ground slope is regular and such information as
is sufficient for planning purposes, or show contours with
an interval of not more than two (2) feet, if necessary,
because of irregular land or need for more detailed data
for preparing plans and construction drawings .
(6) Subsurface Conditions on the Tract: location and
results of tests made to ascertain subsurface soil, rock
and ground water conditions; depth to ground water unless
test pits are dry at a depth of five feet; location and
results of soil percolation tests if individual sewage dis-
posal systems are proposed.
(7) Other Conditions on the Tract: water courses,
marshes, rock outcrop, wooded areas, isolated preservable
trees one foot or more in diameter, houses, barns, shacks
and other significant features .
(8) Other Conditions on Adjacent Land: approximate
direction and gradient of ground slope, including any em-
bankments or retaining walls; character and location of
buildings, railroads, power lines, towers, and other nearby
nonresidential land uses or adverse influences; owners of
adjacent unplatted land; for abutting platted land refer to
subdivision plat by name, recording date, and number, and
show approximate percent buildup, typical lot size and
dwelling type .
(9) Zoning on and adjacent to the tract.
(10) Proposed Public Improvements : highways or other
major improvements planned by public authorities for future
construction on or near tract.
(11) Key Plan: showing location of the tract.
(12) Photographs of the tract, at the request of the
Board.
(13) Title and Certificates: Present tract designation
according to official records in office of appropriate re-
corder; title under which proposed subdivision is to be
recorded with names and addresses of owners, notation stating
acreage, scale, north arrow, datum, benchmarks, certification
of registered civil engineer or surveyor, date of survey.
2
25
§5 0 3 .0 7 SUBDIVISION OF LAND §5 0 3 . 0 8
(B) Preliminary Plat (general subdivision plat) shall be
at a scale of one hundred (100) feet to one (1) inch or larger .
It shall show all existing conditions required in subsection
(A) above, "Topographic Data" and shall show all proposals
including the following:
(1) Streets: names, right-of-way and roadway width;
approximate grades and gradient; similar data for alleys, if
any.
(2) Other right-of way or easements : location, width
and purpose.
(3) Location of Utilities: if not shown on other exhibits .
(4) Lot Lines, lot numbers and block numbers .
(5) Public use Sites : if any, to be reserved or dedicated
for parks, playgrounds or other public uses.
(6) Other Sites, if any, for multifamily dwellings,
shopping centers, churches, industry or other nonpublic uses,
exclusive of single-family dwellings .
(7) Setbacks, minimum building setback lines .
(8) Site Data: including number of residential lots,
typical lot size and acres in parks, etc.
(9) Owner, scale, north arrow and date.
(10) Vicinity Map - (Copy from Ord)
(C) Other Preliminary Plans. The Preliminary Plat shall be
accompanied by profiles showing existing ground surface, or
proposed elevations of fill, and proposed street grades, in-
cluding extensions for a reasonable distance beyond the limits
of the proposed subdivision; typical cross sections of the
proposed grading, roadway and sidewalk; the preliminary plan
of proposed sanitary and storm water sewers with grades and
sizes indicated. All elevations shall be based on a datum plane
as projected from known benchmarks as listed by location and
elevation in the State of Florida Department of Conservation
Geological Bulletin #32 , "Elevations in Florida" or by the
Coastline Geodetic Survey U.S . Department of the Interior. In
addition, at the discretion of the Planning and Zoning Board,
a traffic impact survey or analysis may be required.
[Ord. No. 12-62, §7,i45 Oct. 1962; Ord. No. 7-84, §7 , 1 May, 1984;
Ord. No. 7-86, §1, 18 Mar 1986]
Sec. 503 .08 Plats and Data for Final Approval
(A) The Final Plat shall be drawn by the subdivider to conform
to the requirements of the City Council and the Board of County
Commissioners of Brevard County, Florida, for approval and filing
with the County Clerk.
Codified 9/86 eag
3 §503 . 08 SUBDIVISION OF LAND §503 . 08
Six transparancy or printable copies of the Final Recorded
Plat shall be prepared by the subdivider for the Records of
the City of Cape Canaveral, Florida, and shall be submitted
to the City Clerk with all appropriate fees to enable the
City Clerk to record the documents in the Public Records of
Brevard County.
(1) Primary Control Points or descriptions and "ties"
to such control points, to which all dimensions, angles,
bearings and similar data on the plat shall be referred.
(2) Tract Boundary Lines, right-of-way lines of streets,
easements and other right-of-way, and property lines of
residential lots and other sites; with accurate dimensions,
bearings or deflection angles, and radii, arc, and central
angles of all curves.
(3) Name and Right-of-Way Width of each street or other
right-of-way .
(4) Locations, dimension and purpose of any easements .
(5) Number to identify each lot and block.
(6) Purpose to which sites are dedicated or reserved.
(7) Minimum Building Setback Line on all lots and other
sites .
(8) Location and Description of monuments.
(9) Names of Record Owners of adjoining unplatted land,
at the option of the Board.
(10) Reference to recorded subdivision plats of adjoining
platted land by record name, date and number.
(11) Certification by Registered Surveyor or registered
engineer certifying to accuracy of survey or plat.
(12) Certification of Title showing that applicant is
the land owner.
(13) Dedication Statement by Owner dedicating streets,
rights-of-way, including waterways and all sites for public use.
(14) Title, Scale, North Arrow and Date on each sheet.
(15) Certification of Approval by the Board and Council.
(B) Cross Sections and Profiles of Streets, showing grades
approved by the City' s Engineer . The profiles shall be drawn
to City standard scales and elevations, and shall be based on
a datum plane approved by the City' s Engineer.
[Ord. No. 12-62, §8 , 17 Oct. 1962; Ord. No. 7-84 , §8 , 1 May 1984]
4
NOTE: CHAPTER 503, SUBDIVISION OF LAND,
IS CONTINUED ON NEXT PAGE.
This page in book will be replaced with text.
5
§ 503. 09 SUBDIVISION OF LAND § 503. 09 224
a t{
(s) Curbs and Gutters shall be raised curb of
one of the following types and shall be constructed
of class A concrete :
Six inch by sixteen inch straight curb;
Combination curb and gutter;
Combination sloped curb and gutter sloped curb.
(t) Sidewalks
(1) Residential areas shall have a sidewalk
no lss than four (4) feet wide.
(2) Arterial and collector streets shall have
a siaewalk five (5) feet wide.
(3) All sidewalk shall be class B concrete,
four (4) inches thick, with 6 x 6 x 10 wire mesh,
expansion joints at thirty (30) foot intervals
and contraction joints scribed at five (5) foot
intervals.
(4) All sidewalks must be approved by the City
Engineer.
Copy from ord
(v) Catch Basins and Drop Inlets shall be construct-
ed of either class A concrete or bricks.
(w) Drainage Pipe
(x) Street Markers . The developer will furnish
and install street markers at all intersections. Such
street markers will be of the quality and design as
approved by the City Engineer.
(y) Seeding and Planting Median Strips. As per
City specifications.
(D) Boundary Line Survey
(1) Closure
Codified 9/86 eag
6
§ 5 0 3. 0 9 SUBDIVISION OF LAND § 503 . 10
(a) The angular error of closure shall not exceed
one minute (1) times the square root of the number of
observations.
(b) The linear error of closure shall not exceed
one foot in five thousand feet (5,000) .
(c) The closure error shall be adjusted by the
transit method.
(2) Marking Boundary Lines. Corners and, or angles
in property lines shall be marked with 4" x 4" x 30" con-
crete monuments with 21/4" brass caps. The concrete
monuments shall be reinforced with a No. 4 steel rod.
(3) Computations . Two copies of computations of
closure shall be submitted for the approval of the City
Engineer.
(E) Specifications
(1) The City Engineer is hereby empowered to develop,
publish, apply and enforce regulations and all specifications
and procedures required or necessitated by this chapter.
(F) Final acceptance of work
(1) Maintenance will not be finally accepted by the
City until all work is fully completed from right-of-way
line and approved and certified by the City Engineer.
(2) All construction shall be in accordance with
the existing applicable State Road Department and Brevard
County Road Specifications. [Ord. No. 7-86, §1, 18 Mar 1986]
Sec. 503 . 10 Blocks
(A) The lengths, widths and shapes of blocks shall be
determined with due regard to:
(1) Provision of adequate building sites suitable
to the special needs of the type of use contemplated.
(2) Zoning Requirements as to lot sizes and dimensions .
(3) Needs for convenient access, circulation, control
and safety of street traffic.
(4) Limitations and opportunities of topography.
History File Chapter 503
Codified 1987
ORDINANCE NO. 16-87
AN ORDINANCE AMENDING CHAPTER 503, SUB-
DIVISION OF LAND, OF THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, BY REQUIRING PLATS TO BE
RECORDED PRIOR TO ISSUANCE OF A CERTIFICATE
OF OCCUPANCY; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Section 503. 05, Procedure for Approval of Final
Plat, Sub-paragraph (A) ( 3 ) is hereby deleted in its entirety and
replaced with the following:
Sec. 503. 05(A)
(3 ) - Eight copies of the Final Plat exhibits required
for approval shall be prepared as specified by the Code
Chapter and by State Statute within six (6 ) months
approval of the Preliminary Plat, or the Preliminary
Plat approval shall be null and void. For good cause,
the Board may grant one six-month extension.
( 4 ) - The developer must record the Plat with Brevard
County, and supply the City with written proof of the
recording, before a Certificate of Occupancy will be
granted.
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19th day of May , 1987.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 5-05-87
Posted: 5-06-87
Advertised: 5-09-87
Second Reading: 5-19-87
NAME YES NO
HOOG YES
KIDD YES
LEE YES
MARCHETTI Absent
MURPHY YES
1
215
5503.03 SUBDIVISION OF LAND §503.05
(B) City Review. Upon the documents being presented to
the City of Cape Canaveral, the Building Official shall
review and forward to the City Engineers a copy of the
Location Map, Topographic Map, Preliminary Plat and such
other documents as he deems appropriate to enable the City
Engineer to review the subdivision and either approve the
subdivision or point out areas that are inadequate or im-
proper. The City Attorney shall review the Protective
Covenants, Articles of Incorporation and Bylaws and shall
make recommendations, if necessary.
(C) Board Procedure. The Board shall review the Preliminary
Plat and other material submitted for conformity with the
Code and may negotiate on changes deemed advisable, shall
either express its approval or disapproval, within thirty
(30) days . All recommendations, conditions and changes shall
be noted on two (2) copies of the Preliminary Plat by the
Chairman of the Board or his substitute. [Ord. No. 12-62, §3 ,
17 Oct 1962; Ord. No. 7-84 , §3, 1 May 1984]
Sec. 503 . 05 Procedure for Approval of Final Plat.
(A) General
(1) The Final Plat shall conform substantially to
the Preliminary Plat as approved, and if desired by
the Subdivider, it may constitute only that portion
of the approved Preliminary Plat which he proposes
to record and develop at the time, provided, however,
that such portion conforms to all requirements of
these regulations .
(2) Application shall be made for Final Plat Approval
two (2) weeks prior to the meeting at which it is to be
considered.
(B) Requirements for Final Plat Approval
(1) The following items shall be required before Final
Plat approval can be granted.
PAGE REVISED
1 MAY 84
2
§503 . 05 SUBDIVISION OF LAND §503 . 07
(a) Certificate from City Engineer certifying
proposed subdivision is acceptable.
(b) Either a irrevocable letter of credit, bond,
or certified check which will enable all un-
finished improvements to be accomplished by
the City, if need be.
(c) Protective Covenants in form for recording,
if required.
(d) Other data as may be necessary which shall be
determined by the Board.
(C) Recommendations of the Board
When all requirements have been satisfied, the Board
will vote to recommend approval or disapproval of the
Plat, and these recommendations will be submitted to
the City Council at their next regularly scheduled
Council meeting. The City Council shall vote, in
Resolution form, to either accept or reject the Board's
recommendation. [Ord. No. 12-62, §5 , 17 Oct 1962; Ord.
No. 7-84 , §5, 1 May 1984; , Ord. No. 16-87, §1, 19 May 87]
Sec. 503 .07 Preliminary Plat Approval, Plats and Data.
(A) Topographic Data as required as a basis for the
Preliminary Plat in paragraph (B) below shall include
existing conditions as follows, except when otherwise
specified by the Board.
(1) Boundary Lines: bearings and distances .
(2) Easements: location, width and purpose.
(3) Streets: on and adjacent to the tract; name and
right-of-way width and location; type, width and elevation
of surfacing; any legally established center-line elevations;
walks; curbs; gutters; culverts, etc .
(4) Utilities : on and adjacent to the tract; location
and size and invert elevation of sanitary, storm and combined
sewers; location and size of water mains; location of gas
lines, fire hydrants, electric and telephone poles, and street
lights, if water mains and sewers are not on or adjacent to
the tract, indicate the direction and distance to, and size of
nearest ones, showing invert elevation of sewers .
PAGE REVISED
1 MAY 84
Codified Mar 85
ORDINANCE NO. 7-84
AN ORDINANCE AMENDING CHAPTER 503, "SUBDIVISION
OF LAND" , OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, FLORIDA, BY REPEALING SECTIONS
503 . 01, 503 .02 , 503 .03, 503 .04 , 503 .05 , 503 .06,
503 .07, AND 503 .08; AND REPLACING WITH SECTION
503 .01 "DECLARATION OF PURPOSE" , SECTION 503.02
"DEFINITIONS" , SECTION 503 . 03 "PRELIMINARY PLAT" ,
SECTION 503 .05 , "PROCEDURE FOR APPROVAL OF FINAL
PLAT" , SECTION 503.07 "PRELIMINARY PLAT APPROVAL,
PLATS AND DATA" , SECTION 503 .08 "PLATS AND DATA
FOR FINAL APPROVAL" ; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Chapter 503, "Subdivision of Land" , of the
Code of Ordinances of the City of Cape Canaveral, Florida, is
hereby amended by repealing Section 503 .01, and replacing it
with the following:
* Sec. 503 .01 Declaration of Purpose. The City Council
of the City of Cape Canaveral, Florida, hereby delegates
to the Planning and Zoning Board of the City the powers
herein expressed .
The procedures and standards for the development and
subdivision of real estate and for the surveying and
platting thereof, adopted and prescribed by this
chapter are hereby found by the Council to be necessary
and appropriate in order to provide for economical and
sufficient streets with adequate widths and with
proper alignment and grades designed to promote the
public safety, health and general welfare, to provide
for suitable residential neighborhoods with adequate
streets and utilities and other improvements and
facilities and appropriate building sites, to save
unnecessary expenditures of public funds by initial.
proper construction thereof, and to provide proper
land records for the convenience of the public and for
improved identification and permanent location of real
estate boundaries . These requirements are the minimum
deemed necessary for the protection of the public health,
safety and welfare. [Ord. No. 12-62, §1, 19 Oct 62; Ord. No. 7-84, §1, 1 May 84]
Sec. 503 .02 Definitions . For the purpose of this
chapter, certain words and terms used herein are defined
as follows:
Alley - A minor roadway which is used primarily for
vehicular service access to the back or the side of
properties otherwise abutting on a street.
ORDINANCE NO. 7-84
PAGE 1 OF 9
Board - The Cape Canaveral Planning & Zoning
Board of the City of Cape Canaveral, Florida .
Bridge - A structure erected over a depression
or an obstacle as over a river, canal or street, and
carrying a roadway for passenger or vehicle traffic .
Bulkhead - A retaining wall or structure designed
to prevent the erosion of land by water action.
Bulkhead Line - An artificial line established in
or along a river, watercourse, or body of water desig-
nating the maximum distance or limit that land filling
will be permitted.
Canal - An artificial watercourse, trench or ditch
in the earth for confining water to a defined channel .
City - The City of Cape Canaveral, Florida .
Comprehensive Plan- A plan, which may consist of
several maps, data and other descriptive matter, for
the physical development of the City or any portion
thereof including any amendments, extensions or additions
thereto adopted by the City Council, indicating the general
locations for major roads, 'parks or other public open
spaces, public building sites, routes for public utilities,
zoning districts or other similar information.
Council - The City Council of the City of Cape
Canaveral, Florida.
Cul-de-Sac - A street having one open end and being
permanently terminated by a vehicular turn-around.
Dedication - The deliberate appropriation of land by
its owner for any general and public uses, reserving to
himself no other rights than such as are compatible with
the full exercise and enjoyment of the public uses to
which the property has been devoted.
Easement - A right-of-way granted for limited use
of private property for a public or quasi-public purpose .
Finger - A manmade portion of land nearly surrounded
by water, consisting of a roadway ending in a cul-de-sac
and lots on both sides of the road; the lots abut the
roadway and the water.
Lot - A tract or parcel of land identified as a
single unit in a subdivision.
(A) Lot Depth: A distance measured in the mean
direction of the sidelines of the lot from the midpoint
of the front lot line to the midpoint of the opposite
main rear line of the lot.
(B) Lot Width: The mean horizontal distance between
the side lines measured at right angles to the depth.
ORDINANCE NO. 7-84
PAGE 2 OF 9
Retainer Wall - See Bulkhead.
Right-of-Way - Land reserved, used or to be used for
a street, alley, walkway, drainage facility or other public
purpose.
Street - The term "street" means a public way for
vehicular traffic whether designated as a street, highway,
thoroughfare, parkway, thruway, road, boulevard, lane,
place, or however designated .
(A) Arterial Streets and Highways . Those which are
used primarily for through traffic .
(B) Collector or Feeder Streets . Those which carry
traffic from minor streets to the major system of arterial
streets or highways , including the principal entrance
streets of residential development and streets for cir-
culation within such a development.
(C) Marginal Access Streets . Minor streets which
are parallel and adjacent to arterial streets and highways
and which provide access to abutting properties and pro-
tection from traffic.
(D) Minor Streets . Those which are used primarily
for access to abutting property.
(E) Expressways . Streets or highways intended for
fast and heavy traffic traveling a considerable distance
on which points of ingress or egress and crossings are
controlled, limited or separated.
(F) Half-Street. A street generally parallel and
adjacent to the boundary of a tract, having a lesser
right-of-way width than required for a full width of the
type involved .
Sketch-Plan - An informal plan indicating the salient
existing features of the site and its surroundings as
described in § 503.03 and the general layout of a proposed
subdivision.
Sight Distance - The minimum extend of an unobstructed
forward vision (in a horizontal plane) along a street from
a vehicle located at any given point, on a street.
Subdivider - A person, firm or company who undertakes
the activities covered by these regulations particularly
the drawing up of a subdivision plat showing the layout of
the land and the public improvements involved therein.
Inasmuch as the subdivision plat is merely a necessary means
to the end of assuring a satisfactory development, the term
"subdivider" is intended to include the term "developer" ,
even though the persons involved in successive stages of
the project may vary.
Subdivision - The term "subdivision" as used herein,
means the division of a parcel of land into two or more
lots or parcels for the purpose of transfer of ownership
or building development, or if a new street is involved,
any division of a parcel of land. The term "subdivision"
ORDINANCE NO. 7-84
PAGE 3 OF 9
includes resubdivision and replatting, and when appropriate to the
context, shall relate to the process of subdividing,
or to the land subdivided .
Utilities - The term utilities shall mean water,
sewage, drainage, electric light and power, telephone
and gas lines.[Ord. No. 12-62, §2, 17 Oct 62; Ord. No. 7-84, §2, 1 May 84]
Sec. 503 .03 Preliminary Plat
(A) Preliminary Plat Information Required. The following
information shall be provided to the City of Cape Canaveral
ten (10) days prior to the meeting at which the Preliminary
Plat will be reviewed by the Board:
(1) Location Map showing the site in relation to the
existing community, including the name of the development
and its location and main traffic arteries.
(2) Topographic Map showing the proposed layout of
the streets, utilities, lots and other features in
relation to the existing conditions on a topographic
survey.
(3) Preliminary Plat sufficiently completed to be
recorded, showing easements, etc.
(4) Other Preliminary Plans, consisting of profiles
showing existing ground surfaces and proposed street
grades, including extensions for a reasonable distance
beyond the limits of the proposed subdivision; typical
cross sections of the proposed grading, roadway and
sidewalks, preliminary plan of proposed sanitary sewers
with grades and sizes included.
(5) Draft of Protective Covenants whereby the
Subdivision proposes to regulate land use in the sub-
division and otherwise protect the proposed development.
If there is to be a Homeowner' s Association established,
then copies of the Articles of Incorporation and the
Bylaws shall be provided.
(6) There shall be eight (8) copies of the above
documents provided by the subdivider .
(B) City Review. Upon the documents being presented to
the City of Cape Canaveral, the Building Official shall
review and forward to the City Engineers a copy of the
Location Map, Topographic Map, Preliminary Plat and such
other documents as he deems appropriate to enable the
City Engineer to review the subdivision and either approve
the subdivision or point out areas that are inadequate or
improper. The City Attorney shall review the Protective
Covenants, Articles of Incorporation and Bylaws and shall
make recommendations, if necessary.
ORDINANCE NO. 7-84
PAGE 4 OF 9
(C) Board Procedure . The Board shall review the
Preliminary Plat and other material submitted for
conformity with the Code and may negotiate on changes
deemed advisable, shall either express its approval
or disapproval, within thirty (30) days . All recommen-
dations, conditions and changes shall be noted on two
(2) copies of the Preliminary, Plat by the Chairman of
the Board or his substitute.
[Ord. No. 12-62, §3, 17 Oct 62; Ord. No. 7-84, §3, 1 May 84]
SECTION 5.
Sec. 503.05 Procedure for Approval of Final Plat.
(A) General
(1) The Final Plat shall conform substantially
to the Preliminary Plat as approved, and if
desired by the Subdivider, it may constitute
only that portion of the approved Preliminary
Plat which he proposes to record and develop
at the time, provided, however, that such
portion conforms to all requirements of these
regulations.
(2) Application shall be made for Final Plat
Approval two (2) weeks prior to the meeting at
which it is to be considered.
(3) Eight copies of the Final Plat exhibits
required for approval shall be prepared as
specified by the Code Chapter and by State Statute
within six (6) months approval of the Preliminary
Plat, or the Preliminary Plat approval shall be
null and void. For good cause, the Board may grant
one six-month extension. In addition, Final Plat
Approval must be obtained before a Certificate of
Occupancy can be granted.
(B) Requirements for Final Plat Approval
(1) The following items shall be required before
Final Plat approval can be granted:
(a) Certificate from City Engineer certifying
proposed subdivision is acceptable .
(b) Either a irrevocable letter of credit, bond,
or certified check which will enable all
unfinished improvements to be accomplished
by the City, if need be.
(c) Protective Covenants in form for recording,
if required.
(d) Other data as may be necessary which shall
be determined by the Board.
ORDINANCE NO. 7-84
PAGE 5 OF 9
(C) Recommendations of the Board
When all requirements have been satisfied, the
Board will vote to recommend approval ok disapproval
of the Plat and these recommendations will be
submitted to the City Council at their next regularly
scheduled Council meeting . The City Council shall
vote, in Resolution form, to either accept or reject
the Board' s recommendation.
[Ord. No. 12-62, §5, 17 Oct 62; Ord. No. 7-84, §5, 1 May 84]
Sec . 503.07 Preliminary Plat Approval, Plats and Data .
(A) Topographic Data as required as a basis for the
Preliminary Plat in paragraph (B) below shall include
existing conditions as follows, except when otherwise
specified by the Board.
(1) Boundary Lines : bearings and distances .
(2) Easements : location, width and purpose.
(3) Streets : on and adjacent to the tract; name
and right-of-way width and location; type, width and
elevation of surfacing; any legally established center-
line elevations; walks; curbs; gutters; culverts, etc.
(4) Utilities : on and adjacent to the tract; lo-
cation and size and invert elevation of sanitary, storm
and combined sewers; location and size of water mains;
lcoation of gas lines, fire hydrants, electric and
telephone poles, and street lights, if water mains and
sewers are not on or adjacent to the tract, indicate
the direction and distance to, and size of nearest ones,
showing invert elevation of sewers .
(5) Ground Elevations : on the tract, based on a
datum plane approved by the City' s Engineer: for land
that slopes less than approximately two percent (2%) ,
show spot elevations at all break in grade, along all
drainage channels or swales, and at selected points not
more than 100 feet apart in all directions; for land
that slopes more than approximately two percent (2%) ,
either show contours with an interval of not more than
five (5) feet if ground slope is regular and such in-
formation as is sufficient for planning purposes, or
show contours with an interval of not more than two
(2) feet if necessary because of irregular land or need
for more detailed data for preparing plans and con-
struction drawings .
(6) Subsurface conditions on the Tract: location
and results of tests made to ascertain subsurface soil,
rock and ground water conditions; depth to ground water
unless test pits are dry at a depth of five feet; lo-
cation and results of soil percolation tests if individual
sewage disposal systems are proposed .
ORDINANCE NO. 7-84
PAGE 6 OF 9
(7) Other conditions on the Tract: water courses,
marshes, rock outcrop, wooded areas, isolated pre-
servable trees one foot or more in diameter, houses,
barns, shacks and other significant features .
(8) Other conditions on adjacent land: approximate
direction and gradient of ground slope, including any
embankments or retaining walls; character and location
of buildings, railroads, power lines, towers, and other
nearby nonresidential land uses or adverse influences;
owners of adjacent unplatted land; for abutting platted
land refer to subdivision plat by name, recording date,
and number, and show approximate percent buildup, typical
lot size, and dwelling type.
(9) Zoning on and adjacent to the tract.
(10) Proposed public improvements: highways or other
major improvements planned by public authorities for
future construction on or near tract.
(11) Key plan showing location of the tract.
(12) Photographs of the tract, at the request of
the Board.
(13) Title and Certificates: Present tract des-
ignation according to official records in office of
appropriate recorder; title under which proposed sub-
division is to be recorded with names and addresses of
owners, notation stating acreage, scale, north arrow,
datum, benchmarks, certification of registered civil
engineer or surveyor, date of survey .
(B) Preliminary Plat (general subdivision plat) shall
be at a scale of one hundred (100) feet to one (1) inch
or larger. It shall show all 'existing conditions required
in subsection (A) above, "Topographic Data. " and shall
show all proposals including the following:
(1) Streets: names, right-of-way and roadway width;
approximate grades and gradient; similar data for alleys,
if any.
(2) Other right-of-way or easements: location,
width and purpose.
(3) Location of Utilities: if not shown on other
exhibits .
(4) Lot Lines, lot numbers and block numbers .
(5) Public use Sites: if any to be reserved or
dedicated for parks, playgrounds or other public uses .
(6) Other Sites, if any, for multifamily dwellings,
shopping centers, churches, industry or other nonpublic
uses, exclusive of single-family dwellings .
ORDINANCE NO. 7-84
PAGE 7 OF 9
(7) Setbacks, minimum building setback lines .
(8) Site data, including number of residential lots,
typical lot size and acres in parks, etc .
(9) Owner, scale, north arrow and date .
(C) Other Preliminary Plans . The Preliminary Plat shall
be accompanied by profiles showing existing ground
surface, or proposed elevations of fill, and proposed
street grades, including extensions for a reasonable
distance beyond the limits of the proposed subdivision;
typical cross sections of the proposed grading, roadway
and sidewalk; the preliminary plan of proposed sanitary
and storm water sewers with grades and sizes indicated.
All elevations shall be based on a datum plane as pro-
jected from known benchmarks as listed by location and
elevation in the State of Florida Department of Conservation-
Geographical Bulletin #32, "Elevations in Florida" or by the
Coastline Geodetic Survey U.S . Department of the Interior.
In addition, at the discretion of the Planning and Zoning
Board, a traffic impact survey or analysis may be required.
[Ord. No. 12-68, §7, 17 Oct 62; Ord. No. 7-84, §7, 1 May 84]
Sec. 503 .08 Plats and Data for Final Approval
(A) The Final Plat shall be drawn by the subdivider
to conform to the requirements of the City Council
and the Board of County Commissioners of Brevard
County, Florida, for approval and filing with the
County Clerk. Six transparancy or printable copies
of the Final Recorded Plat shall be prepared by the
subdivider for the Records of the City of Cape
Canaveral, Florida, and shall be submitted to the
City Clerk with all appropriate fees to enable the
City Clerk to record the documents in the Public
Records of Brevard County.
(1) Primary control points or descriptions and
"ties" to such control points, to which all dimensions,
angles, bearings and similar data on the plat shall be
referred.
(2) Tract boundary lines, right-of-way lines of
streets, easements and other right-of-way, and property
lines of residential lots and other sites; with accurate
dimensions, bearings or deflection angles, and radii,
arc, and central angles of all curves .
(3) Name and right-of-way width of each street
or other right-of-way.
(4) Locations, dimension and purpose of any easements .
(5) Number to identify each lot and block .
(6) Purpose to which sites are dedicated or reserved.
ORDINANCE NO. 7-84
PAGE 8 OF 9
(7) Minimum building setback line on all lots and
other sites .
(8) Location and description of monuments .
(9) Names of record owners of adjoining unplatted
land, at the option of the Board.
(10) Reference to recorded subdivision plats of
adjoining platted land by record name, date and number.
(11) Certification by registered surveyor or regis-
tered engineer certifying to accuracy of survey or plat.
(12) Certification of title showing that applicant
is the land owner .
(13) Dedication statement by owner dedicating streets,
rights-of-way, including waterways and all sites for
public use .
(14) Title, scale, north arrow and date on each sheet.
(15) Certification of approval by the Board and Council.
(B) Cross Sections and Profiles of Streets,showing grades
approved by the City' s Engineer. The profiles shall be
drawn to City standard scales and elevations, and shall be
based on a datum plane approved by the City' s Engineer.
[Ord. No. 12-62, §8, 17 Oct 62; Ord. No. 7-84, §8, 1 May 84]
SECTION 9 . All portions of the code in conflict herewith
are hereby repealed.
SECTION 10 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 1st day of May , 1984 .
[signature]
Mayor
ATTEST:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
CALVERT YES
FISCHETTI YES
NICHOLAS YES
RUTEHRFORD YES
WINCHESTER YES
Permission to Advertise: 4-3-84
First Reading: 4-17-84
Advertised: 4-11-84
Second Reading: 5-1-84
ORDINANCE NO. 7-84
PAGE 9 OF 9
Chap. 503.
GENERAL
Sec. 503.01 Declaration of Purpose.
The City Council of the City of Cape Canaveral, Florida
hereby delegates to the Zoning & Planning Board of the City the
powers herein expressed.
The procedures and standards for the development and
subdivision of real estate and for the surveying and platting
thereof, adopted and prescribed by this ordinance are hereby
found by the Council to be necessary and appropriate in order
to provide for economical and sufficient streets with adequate
widths and with proper alignment and grades designed to promote
the public safety , health and gene/eel welfare , to provide for
suitable residential neighborhoods with adequate streets and
utilities and other improvements and facilities and appropri-
ate building sites , to save unnecessary expenditure of public
funds by initial proper construction thereof , and to provide pro-
per land records for the convenience of the public and for improved
identification and permanent location of real estate boundaries.
These requirements are the minimum deemed necessary for the pro-
tection of the public health , safety and welfare. [Ord. No. 12-62, §1, 17 Oct. 1962]
Sec. 503.02 Definitions
For the purpose of this chapter certain words and
terms used herein are defined as follows :
A. ALLEY. A minor roadway which is used primarily for
vehicular service access to the back or the side of properties
otherwise abutting on a street.
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BOARD. The Cape Canaveral Planning a Zoning Board
of the City of Cape Canaveral , Florida.
BRIDGE . A structure erected over a depression or an
obstacle as over a river, canal or street , and carrying a road-
way for passenger or vehicle traffic.
BULKHEAD. A retaining wall or structure designed to
prevent the erosion of land by water action.
BULKHEAD LINE . An artificial line established in
or along a river, watercourse , or body of water designating the
maximum distance or limit that land filling will be permitted.
CANAL. An artificial watercourse , trench or ditch
in the earth for confinin water to a defined channel.
CITY. The City of Cape Cananveral , Florida.
COMPREHENSIVE PLAN. A Plan , which may consist of
several maps , data and other descriptive matter, for the physical
development of the City or any portion thereof including any
amendments , extensions or additions thereto adopted by the Com-
mission , indicating the general locations for major roads , parks
or other public open spaces , public building sites , routes for
public utilities , zoning districts or other similar information.
COUNCIL. The City Council of the City of Cape
Canaveral , Florida.
CUL-DE-SAC. A street having one open end and being
permanently terminated by a vehicular turn-aroun .
DEDICATION. The deliberate appropriation of land
by its owner for any general and public uses , reserving to himself
no other rights than such as are compatible with the full exercise
and enjoyment of the public uses to which the property has been
devoted.
EASEMENT. A right-of-way granted for limited use of
private property for a public or quasi-public purpose.
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125
FINGER. A man-made portion of land nearly sur-
rounded by water, consisting of a roadway ending in a cul-de-sac
and lots on both sides of the road; the lots abut the roadway
and the water.
LOT. A tract or parcel of land identified as a
single unit in a subdivision.
(1) Lot ,epth : A distance measured in the mean
direction of the sidelines of the lot from the mid-point of the
front lot line to the midpoint of the opposite main rear line
of the lot,
(2) Lot Width : The mean horizontal distance be-
tween the side lines measured at right angles to the depth..
RETAINER WALL. See BULKHEAD.
RIGHT-OF-WAY. Land reserved, used or to be used
for a street , alley , walkway , drainage facility or other public
purpose.
STREET. The term "street" means a public way for
vehicular traffic whether designated as a street , highway , thoro-
fare „ parkway , thruway , ad ; boulevard, lane , place or however
designated.
(1) Arterial Streets and Highways, Those which are
used primarily for through traffic.
(2) Collector or Feeder Streets .. Those which carry
traffic from minor streets to the major system of arterial
streets or highways , including the principal entrace streets of
residential development and streets for circulation within such a
development.
(3) Marginal Access Streets , Minor streets which
are parallel and adjacent to arterial streets and highways and
which provide access to abutting properties and protection from
traffic.
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(4) Minor Streets . Those which are used primarily
for access to abutting property.
(5) Expressways. Streets or highways intended for
fast and heavy traffic travelling a considerable distance on
which points of ingress or egress and crossings are controlled,
limited or separated.
(6) Half-Street. A street generally parallel and
adjacent to the boundary of a tract , having a lesser right-of-way
width than required for a full width of the type involved.
SKETCH PLAN. An informal plan indicating the salient
existing features of the site and its surroundings as described in
§503.03. and the general layout of a proposed subdivision.
SIGHT DISTANCE. The minimum extend of an unobstruct-
ed forward vision (in a horizontal plane) along a street from a
vehicle loacted at any given point, on a street.
SUBDIVIDER. A person , firm or company who undertakes
the activities covered by these regulations particularly the draw-
ing up of a subdivision plat showing the layout of the land and
the public improvements involved therein. In as much as the sub-
division plat is merely a necessary means to the end of assuring
a satisfactory development, the term "subdivider" is intended to
include the term "developer" , even though the persons involved in
successive stages of the project may vary.
SUBDIVISION. The term "subdivision" as used herein ,
means the division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building
development, or if a new street is involved , any division of a parcel
of land. The term "subdivision" includes resubdivision and when
appropriate to the context, shall relate to the process of sub-
dividing, or to the land subdivided.
UTILITIES. The term utilities shall mean water, sew-
age , drainage, electric light and power, telephone and gas lines .
[Ord. No. 12-62, §2, 17 OCT. 1962]
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127
Sec. 503.03 Pre-application Procedure
(A. INFORMATION FURNISHED BY SUBDIVIDER., Prior to
filing of an application for conditional approval of a prelim-
inary plat (General Subdivision Plan) the Subdivider shall famil-
iarize himself with the requirements of this ordinance , the City's
zoning ordinance and the comprehensive plan of the City. He
shall then submit to the Board, through the City Council plans and
data consisting of the following.
(1) General Subdivision Information which shall
describe or outline the existing conditions of the site and the
proposed development necessary to supplement the drawings re-
quired below. This information may include data on existing
convenants , land characteristics , and available community facili-
ties utilities , and information describing the subdivision pro-
posal , such as number of residential lots , typical lot with and
depth , price range , business areas , playgrounds and park areas
and public area, proposed protective convenants and proposed ut-
ilities and street improvements .
(2) Location Map which shall show the relationship
of the proposed subdivision to the existing community facilities
which serve or influence the subdivision. It shall include
development name and location , main traffic arteries , public trans-
portation lines , shopping centers , elementary and high schools ,
parks and playgrounds , principal places of enjoyment , and other
community features such as railroad stations , airports , hospitals ,
churches , title , scale , north arrow and date .
( 3) Sketch Plan. A sketch plan on a topographic
survey shall show in simple sketch form the proposed layout of
streets , utilities , lots and other features in relation to the
existing conditions . The sketch plan may be a free-hand pencil
sketch made directly on a print of the topographic survey .
(B) PLANNING AND ZONING BOARD.
(1) Procedure. Upon receipt of the information
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128/10
required of the Subdivider, as outlined above , the Board will:
(a) Confer with the Subdivider and review the
information furnished by the Subdivider. It shall then notify the
Commision , in writing , of the receipt of the Preapplication In-
formation.
(b) After consultation with the City 's Engineer
the Board shall inform the Subdivider, in writing, that the plans
and data as submitted, or as modified, do or do not meet the ob-
jectives of these Regulations. When the Board finds that plans
and data do not meet the objectives of these Regulations , it shall
express the reasons therefor.
(C) PURPOSE OF THE PRE-APPLICATION PROCEDURE is to afford
the Subdivider an opportunity to avail himself of the advice and
assistance of the Board, and to consult early and informally with
the Board before preparation of the preliminary plat and before
final application for its approval, in order to save time and
money and to come to a mutual understanding of the initial pro-
posal.
[Ord. No. 12-62, §3, 17 Oct. 1962]
Sec. 503.04: Procedure for Conditional Approval of Preliminary Plat.
(A) INFORMATION FURNISHED BY THE SUBDIVIDER.
(1) General : Upon an agreement being reached be-
tween the Subdivider and the Board regarding the informal recom-
mendations in the Pre-Application Procedure on the General Program
and Objectives , the Subdivider shall cause a Preliminary Plat to
be prepared, together with improvement plans and other supplement-
ary material , as follows :
(a) Topographic Map
(b) Preliminary Plat.
(c) Other Preliminary Plans , consisting of pro-
files showing existing ground surfaces and proposed street grades ,
including extensions for a reasonable distance beyond the limits
of the proposed subdivision ; typical cross-sections of the pro-
posed grading, roadway and sidewalks , preliminary plan of proposed
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129
sanitary and storm water sewers with grades and sizes indicated,
(d) Draft of Protective Covenants whereby the
Subdivider proposes to regulate land use in the subdivision and
otherwise protect the proposed development.
The above material shall be submitted by the Sub-
divider, in five (5) copies , to the Board through the City Council
with a written application for conditional approval , at least
fifteen (15 ) days prior to the meeting at which the application
is to be considered.
(e) Space for Signatures of the Chairman of
The Board and the City's Engineer shall be provided on the pre-
liminary plat , in accordance with Exhibit A.
(B) BOARD PROCEDURE
(1) Following a review of the Preliminary Plat and
other material submitted for conformity thereof to these regula-
tions and negotiotions with the Subdivider on changes deemed ad-
visable and the kind and extent of the improvements to be made by
him, and after consultation with the City' s Engineer, the Board
shall , within forty (40) days act thereon as submitted, or modif-
ied, and if approved, the Board shall express in writing, its
approval as "Conditional Approval" and state the conditions of
such approval , if any , or if disapproval , shall express its dis-
approval and its reasons therefor.
(2) The action of the Board and recommendations of
the City' s Engineer shall be noted on all copies submitted of the
Preliminary Plat , referenced and attached to any conditions de-
termined; two copies of which shall be returned to the Subdivider;
one copy to be forwarded to the City Council ; one copy to be re-
tained by the Board, and one copy to be forwarded to the City's
Engineer.
(C) PURPOSE OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
Conditional approval of the Preliminary Plat shall
not constitute approval of the Final Plat (subdivision plat) , rather
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130/12
shall be deemed an expression of approval of the layout submitted
on the Preliminay Plat as a guide to the preparation of the Final
Plat which will be submitted for approval of the Board and for re-
cording upon fulfillment of the requirements of these regulations
and the conditions of the Conditional Approval , if any .
[Ord. No. 12-62, §4, 17 Oct. 1962]
Sec. 503.06 Procedure for Approcal of Final Plat,
(A) GENERAL:
(1) The Final Plat shall conform substantially to
the Preliminary Plat as approved, and, if desired by the Subdivider,
it may constitute only that portion of the approved Preliminary
Plat which he proposes to record and develop at the time , provided,
however, that such portion conforms to all requirements of these
regulations .
(2) Application for approval of Final Plat shall be
submitted in writing to the Board through the City Council at least
fifteen (15) days prior to the meeting at which it is to be con-
sidered.
(3) Five (5) copies of the Final Plat and other
exhibits required for approval shall be prepared as specified in
PART II - PLATS AND DATA, and shall be submitted to the Board with-
in six (6 ) months after the approval of the Preliminary Plat ; other-
wise such Preliminary Plat approval shall become null and void, un-
less an extension of time is applied for and granted by the Board.
(B) APPLICATION FOR APPROVAL OF THE FINAL PLAT shall be
accompanied by :
(1) A certificate by the City's Engineer certifying
that the Subdivider has complied with one of the following alter-
natives :
(a) All improvements have been installed in
accordance with the requirements of these regulations and with the
action of the Board giving Conditional Approval of the Preliminary
Plat , or
(b) A bond, approved by the City Attorney , or
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13
certified check has been deposited with the City Clerk , and in
sufficient amount to assure completion of all required improve-
ments , or
(c) He has delivered to the City a promissory
note secured by a real property mortgage in favor of the City and
acceptable to and approved by the City Council , in sufficient
amount to assure completion of all required improvements .
(i) In event that the bond, certified check
or promissory note and mortgage is given to assure that the re-
quired improvements will be completed by the Subdivider, the City
Council may , at its option, upon request of the Subdivider issue
improvement bonds which shall be payable from special assessment
liens to be levied against the property proposed to be improved ,
or other applicable State laws , as determined by the City Council
and approved by the City's Attorney. Upon receipt of assurance
that the assessment bonds can be sold, the City may proceed with
the issuance of such improvement bonds , provided that the plat
conforms to all requirements set forth herein. The said bond ,
certified check , or proceeds thereof, or promissory note and mort-
gage shall be held by the City until such time as the City has
received payment in full for the bonds , at which time the bond or
certified check , or proceeds thereof, shall be returned to the Sub-
divider, or the promissory note and mortgage shall be satisfied by
the City.
(ii) All protective covenants shall be in
form for recording.
(iii) Other data: Such other certificates ,
affidavits , endorsements or deductions as my be required by the
Board in the endorcement of these regulations .
(iv) Recommendations of the Board : Follow-
ing a review of the Final Plat and other material submitted for
conformity thereof to these regulations , the Board shall submit
its recommendations regarding the plat to the commission. The
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14
commission shall act on the Board' s recommendations at its next
regular meeting provided that at least five (5) days have elapsed
between the date of receipt of the Board's recommendation and the
date on which it will be considered by the Commission.
PLATS AND DATA
Sec. 503.06 Pre-application Plans and Data
(A) GENERAL SUBDIVISION INFORMATION as described in §503.03.
(B) LOCATION MAP as described in §503.03
(C) SKETCH PLAN as described in § 503.03.
Sec. 503.07 Plats and Data for Conditional Approval
(A) TOPOGRAPHIC DATA as required as a basis for the Pre-
liminary Plat in paragraph (b) below , shall include existing con-
ditions as follows , except when otherwise specified by the Board:
(1) Boundary Lines : bearings and distances .
(2 ) Easements : location , width and purpose .
( 3) Streets : on and adjacent to the tract; name and
right-of-way width and location: types width and elevation of sur-
facing; any legally established center-line elevations ; walks ;
curbs ; gutters ; culverts , etc.
(4) Utilities on and adjacent to the tract; location
and size and invert elevation of sanitary , storm and combined
sewers ; location and size of water mains ; location gas lines , fire
hydrants , electric and telephone poles , and street lights , if water
mains and sewers are not on or adjacent to the tract , indicate the
direction and distance to , and size of nearest ones , showing invert
elevation of sewers .
(5 ) Ground elevations on the tract, based on a datum
plane approved by the City 's Engineer: for land that slopes less
than approximately 2 percent (2%) , show spot elevations at all break
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133
in grade , along all drainage channels or swales , and at selected
points not more than 100 feet apart in all directions ; for land
that slopes more than approximately 2 percent (2%) , either show
contours with an interval of not more than five (5) feet if ground
slope is regular and such information as is sufficient for plan-
ning purposes , or show contours with an interval of not more than
two (2 ) feet if necessary because of irregular land or need for
more detailed data for preparing plans and construction drawings .
(6) Subsurface conditions on the tract; loca-
tion and results of tests made to ascertain subsurface soil , rock
and ground water conditions ; depth to ground water unless test
pits are dry at a depth of five feet; location and results of
soil percolations tests if individual sewage disposal systems are
proposed.
(7) Other conditions on the tract: water courses,
marshes , rock outcrop, wooded areas , isolated preservable trees one
foot or more in diameter, houses , barns , shacks and other signifi-
cant features .
(8) Other conditions on adjacent land: approxi-
mate direction and gradient of ground slope , including any embank-
ments or retaining walls ; character and location of buildings , rail-
roads , power lines , towers , and other nearby nonresidential land
uses or adverse influences ; owners of adjacent unplatted land; for
abutting platted land refer to subdivision plat by name , recording
date , and number, and show approximate percent build-up, typical lot
size , and dwelling type ,
(9) Zoning on and adjacent to the tract.
(10) Proposed public improvements: highways or
other major improvements planned by public authorities for future
construction on or near tract.
(11) Key plan showing location of the tact,
(12) Photographs of the tract, at the request of
the Board.
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134
(13) Title and Certificates : Present tract designa-
tion according to official records in office of appropriate
recorder; title under which proposed subdivision is to be re-
corded with names and addresses of owners , notation stating
acreage , scale , north arrow, datum, benchmarks , certification of
registered civil engineer or surveyor, date of survey.
(B) PRELIMINARY PLAT (general subdivision plat) shall
be at a scale of one hundred ( 100) feet to one (1) inch or larger.
It shall show all existing conditions required in
SUB-SECTION (A), ABOVE, TOPOGRAPHIC DATA" , and shall show all proposals
including the following:
(1) Streets : names ; right-of-way and roadway width;
approximate grades and gradient ; similar data for alleys , if any.
(2) Other right-of-way or easements : location , width
and purpose.
(3) Location of utilities , if not shown on other
exhibits.
(4) Lot lines , lot numbers and block numbers.
(5) Public use sites , if any to be reserved or dedic-
ated for parks , playgrounds or other public uses.
(6) Other sites , if any , for multifamily dwellings
shopping centers , churches , industry or other nonpublic uses ,ex-
clusive of single-family dwellings .
(7) Setbacks , minimum building setback lines.
(8) Site data, including number of residential lots ,
typical lot size and acres in parks , etc.
(9) Owner, scale , north arrow and date.
(C) OTHER PRELIMINARY PLANS The Preliminary Plat shall be
accompanied by profiles showing existing ground surface , or proposed
elevations of fill , and proposed street grades, including extensions
for a reasonable distance beyond the limits of the proposed sub-
division; typical cross sections of the proposed grading, roadway
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135
17
and sidewalk ; the preliminary plan of proposed sanitary and storm
water sewers with grades and sizes indicated. All elevations shall
be based on a datum plane as projected from known benchmarks as
listed by location and elevation in the State of Florida Department
of Conservation - Geological Bulletin #32 , "Elevations in Florida"
or by the Coastal Geodetic Survey U. S . Department or the Interior.
Sec. 503.08 Plats and Data for Final Approval.
(A) THE FINAL PLAT shall be drawn by the subdivision to
conform to the requiremtnts of the City Commission and the Board
of County Commissioners of Brevard County, Florida, for approval
and filing with the County Clerk. Six transparancy or printable
copies of the Final Recorded Plat shall b prepared by the sub-
division for the Records of the City of Cape Canaveral , Florida,
and shall be submitted to the City Clerk not later than ten (10)
days after recording in the records of Brevard County, The Final
Plat shall also conforms to the regulations as outlined herein,
(1) Primary control points or descriptions and "ties"
to such control points , to which all dimensions , angles , bearings
and similar data on the plat shall be referred.
(2) Tract boundary lines , right -of-way lines of streets ,
easements and other right-of-way , and property lines of residential
lots and other sites ; with accurate dimensions , bearings or de-
flection angles , and radii , arc , and central angles of all curves .
( 3) Name and right--of--way width of each street or
other right-of--way,
( 4) Locations , dimensions and purpose of any ease-
,
ments .
( 5) Number to identify each lot and block.
(6 ) Purpose to which sites are dedicated or reserved.
( 7) Minimum building setback line on all lots and other
sites .
(8) Location and description of monuments
(9) Names of record owners of adjoining unplatted land ,
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136/18
at the option of the Board.
(10) Reference to recorded subdivision plats of
adjoining platted land by record name , date and number.
(11) Certification by registered surveyor or regis-
tered engineer certifying to accuracy of survey or plat.
(12) Certification of title showing that applic-
ant is the land owner.
(13) Dedication statement by owner dedicating streets,
rights-of-way, including waterways and all sites for public use.
(14) Title, scale, north arrow and date on each sheet.
(15) Certification of approval by the Board and
Council.
(B) CROSS SECTIONS AND PROFILES OF STREETS , showing grades
approved by the City's Engineer. The profiles shall be drawn to
City standard scales and elevations, and shall be based on a datum
plane approved by the City's Engineer.
Sec. 503.09 REQUIRED IMPROVEMENTS.
(A) PERMANENT MARKERS
(1) Within thirty (30) days after the approved Final
Plat has been filed and recorded in the Office of
the Brevard County Clerk, the subdivider, or pro-
perty owner, shall cause a registered surveyor to
install permanent concrete monuments to be erected
on the corners and ends of all property to be dedi-
cated to the City for streets , parks , playgrounds
or other public purposes. He shall also install
such monuments at corners of the blocks .
(2) Where angles and curves occur in street or easement
lines , such monuments shall be placed at all angle
points , points of curve and points of tangency.
When the aforesaid monuments have been installed,
the registered surveyor shall notify the City's
Engineer who will then inspect the installation in
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137
the presence of the registered surveyor. If
the work has been completed satisfactorily , in
the opinion of the City's Engineer, he will
notify both the owner and the registered surveyor
in writing that such work meets the requirements
of this section.
(3) The monuments must be of such material , and size
as approved. by the City Engineer.
(4) Iron pipes shall be placed at all lot corners .
(B) ELEVATION CONTROL
(1) Elevations are referred to United States Coast
and Geodetic Datum.
(2) One monument with bronze disk will be required in
each subdivision or at least one per fifty units
in larger subdivisions . The location of the monuments
must be approved by the City Engineer.
(3) Specifications. 3-inch flat, circular bronze disk, three-
sixteenths of an inch thick with a one by two
and one-half inch stem at the bottom of which
is a base one and one-half inches in diameter
and three-sixteenths of an inch thick. This
marker is cemented in a drill hole in solid
rock , in a bridge abutment , or other perman-
ent masonry structures. Inscription to read: Florida , B. M.
No. , Elev. , and Cape
Canaveral
(c) . UTILITY AND STREET IMPROVEMENTS
(1) Water Supply. All residential structures shall be connected
to the City Water Supply.
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138/20
Additionally, Fire Hydrants shall be placed so that the
Area served must fall within 500 feet
radius or 650 feet along the street.
Minimum size of the fire hydrant main to be six (6) inches
and Specifications shall conform to American
Water Works Association requirements.
All Public water plans and specifications must be
approved by the City Engineer and the Florida
Board of Health.
(2) Public Sewer plans and specifications must be ap-
proved by the City Engineer and the Florida Board
of Health.
(3) Storm drainage , ground water drainage and other
drainage improvement plans and specifications must
be approved by the City Engineer.
(4) Streets
(a) Arterial Streets Cross sections in accordance with the
City Master Plan and as determined by
the City Engineer and approved by the
Planning Board.
(b) Collector streets shall have a
Sixty (60) ft. R.O.W. , two twenty (20)
ft. pavements , four (4) ft. separation
strip, five (5) ft. sidewalk on each side, or
a Sixty (60 ) ft. R.O.W. , forty (40) ft.
pavement , four (4) ft. sidewalks on
each side.
(c) Minor streets. For row houses and apartments minor streets shall have a
Sixty (60) ft. R.O.W. , thirty-six
( 36 ) ft. pavement , five (5) ft. side-
walk on each side.
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139
(2) For other residences, minor streets shall have a
(a) Fifty (50) ft. R. O.W. , twenty-
four (24) ft. pavement, five (5)
ft. sidewalk on each side.
(d) Marginal access Fifty (50 ) ft. R.O,W. , twenty four (24)
ft. pavement , five (5) ft. sidewalk on
each side.
(e) Streets along development boundaries , and
streets connecting and dvelopment with exist-
ing improved street systems require cross
sections as determined by the City Engineer
and approved by the Planning Board.
(f) Alleys must be pave full width , twenty (20)
feet minimum, as per approval of the City
Engineer.
(g) Grades on streets require plans and profiles
to be approved by the City Engineer.
(h) Radii of pavements at street intersections
shall not be less than 30 ft. at edge of pave-
ment or face of curb line.
(i) All right of way for streets , roads and
drainage easements are to be cleared for their
full width and upon completion , left in a clean
and neat condition and , if required to prevent
erosion or excessive washing , said areas abut-
ting the street and ditches to be sprigged
with grass , or other protective measures taken
as required by the City Engineer.
(j) All necessary drainage easements shall be fur-
nished at no expense to the City.
(k) The developer shall give the City Engineer at
least two weeks notice in writing by registered
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140
letter before the commencement of any construction.
(l) The developer shall have available a qualified
engineer or assistant for the purpose of setting
all line and grade stakes when required by the
contractor or inspector.
(m) The City of Cape Canaveral may have an inspector
on the project when deemed necessary , by the
City Engineer, during the construction period
and said inspector shall be authorized to en-
force the construction of said work in accord-
ance with the plans and specifications covering
same , and that said inspector shall be furnished
with a complete set of plans and specifications
covering same , and that said inspector shall be
furnished with a complete set of plans and specif-
ications for this purpose . If any change is re-
quired in said plans during the period of con-
struction , such changes must first be approved
by the City Engineer.
(n) All pavement shall be not less than twenty-four
(24) feet from road side face of curb.
(o) All pavement shall be one of the following types ,
having a minimum thickness of six (6) inches , and
as prescribed by the Brevard County Specifications ,
and no other:
Limerock Stabilized Base Limerock base will only be used in well
drained areas not having a high or fluc-
tuating water table. The area must be
approved by the City Engineer.
Soil-Cement Base Design of the mixture shall be submitt-
ed to the City Engineer for all approval
before processing begins .
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141
Wit-dry test cylinders shall have a p.s.i.
compression value of 300 pounds or greater
at seven days.
Sand Bituminous Road Mix.
Design of the mixture shall be submitted
to the City Engineer for approval before
processing starts.
The design will include the amount of
bitumen by volume to be supplied per inch of
depth per square yard of surface , the maxi-
mum obtainable density per cubic foot with
optimum bitumen content.
(p) The Pavement Surface of streets shall have
Single , double or triple surface treatment as
specified by the Florida State Road Department
standard specifications for road and bridge con-
struction and One inch type I or type II minimum asphaltic
concrete surface cours , as specified by the Florida
State Road Department standard specifications for
road and bridge construction.
(q) Subgrade Stabilization Streets Shall have a Florida Bearing Value of 40 pounds
or greater to depth of six (6) inches . The sub-
grade shall be that portion of the road directly
and through six (6) inches below the base course
and the entire width of the road and extending six
(6 ) inches back of the curbs. If curbs are not
used the subgrade will be stabilized one (1) foot
wider than the pavement on both sides .
(r) Intensity of Tests. Stabilized subgrade requires 1 F.B.V. for every
600 square yards.
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142
Base course design for soil cement and sand
bituminous road mix requires a test for every
material change Limerock base course requires a Proctor Test
for every type of limerock. Asphaltic concrete surface course requires a
design to be submitted for approval. A 2300
pound Hubbard-Field stability is required as well
as type 2 as prescribed by the State Road Depart-
ment Specifications.
(s) Curbs and Gutters Shall be raised curb of one of the following
types and shall be constructed of class A con-
crete:
(a) Six inch by sixteen inch straight curb.
(b) Combination curb and gutter.
(c) Combination sloped curb and gutter sloped
curb.
(t) Sidewalks
(1) Residential areas shall have a sidewalk no less
than four (4) feet wide.
(2) Arterial and collector streets shall have a
sidewalk five (5 ) feet wide .
( 3) All sidewalk shall be class B concrete, four
(4) inches thick, with 6x6x10 wire mesh, expan-
sion joints at thirty (30) foot intervals and
contraction joints scribed at five (5) foot in-
tervals .
( 4) All sidewalks must be approved by the City
Engineer.
(u) Driveways
(1) Minimum of six (6) inches thick , class B Con-
crete , with 6x6x10/10 wire mesh.
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143
(2) All driveways must be approved for layout,
expansion joints and other pertinent features
by the City Engineer.
v. Catch Basins and Drop Inlets
(1) Shall constructed of either class A concrete
or bricks.
w. Drainage Pipe
x. Street Markers
(1) The developer will furnish and install street
markers at all intersections .
(2) Such street markers will be of the quality and
design as approved by the City Engineer.
y. Seeding and Planting Median Strips.
(1) As per City specifications.
D. Boundary Line Survey
1. Closure
a. The angular error of closure shall not exceed
one minute (1) times the square root of the
number of observations .
b. The linear error of closure shall not exceed one
foot in five thousand feet (5,000 ) .
c. The closure error shall be adjusted by the tran-
sit method.
2. Marking Boundary Lines
a. Corners and , or angles in property lines shall
be marked with 4"x4"x30" concrete monuments with
21/4" brass caps . The concrete monuments shall be
reinforced with a No. 4 steel rod.
3. Computations
a. Two copies of computations of closure shall be
submitted for the approval of the City Engineer.
E. Specifications
1. The City Engineer is hereby emposered to develop,
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144
publish, apply and enforce regulations and all speci-
fications and procedures required or necessitated by
this ordinance.
F. Final acceptance of work
1. Maintenance will not be finally accepted by the City
until all work is fully completed from right-of-way
line and approved and certified by the City Engineer.
2 . All construction shall be in accordance with then
existing applicable State Road Department and Brevard
County Road Specifications .
DESIGN STANDARDS.
Sec. 503.10 Blocks.
(A) THE LENGTHS, WIDTHS AND SHAPES of blocks shall be
determined with due regard to:
(1) Provision of adequate building sites suitable
to the special needs of the type of use contemplated.
(2) Zoning requirements as to lot sizes and dimen-
sions.
(3) Needs for convenient access, circulation, con-
trol and safety of street traffic.
(4) Limitations and opportunities of topography.
(B) BLOCK LENGTHS shall not exceed 1 ,300 feet, or be less.
than 500 feet.
(C) PEDESTRIAN CROSSWALKS, not less than four (4) feet
wide, shall be required where deemed essential to provide circula-
tion or access to schools , playgrounds , shopping centers , trans-
portation and other community facilities.
Sec. 503.11 Lots.
(A) THE SIZE WIDTH, DEPTH SHAPE AND ORIENTAION , and the
minimum building setback lines shall be in conformity with the
requirements of the City' s Zoning Code.
(B) LOT DIMENSIONS shall conform to the requirements
of the City's Zoning Code.
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145
(1) Residential lots when not immediately servic-
able by public sewer shall meet the minimum requirements of the
Florida State Board of Health .
(2 ) Depth and width of properties reserved or
laid out for multiple , commercial and industrial purposes shall
be adequate to provide for off-street service and parking facil-
ities required by the type of use and development contemplated.
( 3) Corner lots for residential use shall have
extra width to permit appropriate building setback from, and
orientation to both street.
(C) THE SUBDIVIDING of the land shall be such as to
provide , by means of a public street, each lot with access to an
existing public street.
(D) DOUBLE FRONTAGE , and reverse frontage lots , should
be avoided unless essential to provide separation of residential
development from traffic arteries or to overcome specific dis-
advantages of topography and orientation. A planting screen ease-
ment of at least ten (10 ) feet, and across which there shall be no
right of access , shall be provided along the line of lots abutting
such a traffic artery or other disadvantageous use.
(E) SIDE LOT LINES , shall be substantially at right
angles or radial to street lines .
Sec. 503.12 Easements
(A) EASEMENTS ACROSS LOTS or centered on rear or side
lot lines shall be provided for water, sewage and drainage where
necessary and shall be at least ten (10 ) feet wide.
(B) WHERE A SUBDIVISION IS TRAVERSED by a water course ,
drainage way , channel or stream, there shall be provided a storm
water easement or drainage right-of-way conforming substantially
with the lines of such water course , and such further width or
construction , or both , as will be adequate for the purpose. Paral-
lel streets or parkways may be required in connection therewith ,
except in the case of "fingers".
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146
Sec. 503.13 Public Sites and Open Spaces .
(A) WHERE A PROPOSED PARK, playground , school or other
public use is shown in a Comprehensive Plan or a General Community
Plan, is located in whole or in part in a subdivision, the Board
may require the dedication or reservation of such areas within the
subdivision in those cases in which the Board deems such require-
ment to be reasonable.
(B) WHERE DEEMED ESSENTIAL by the Board , and as
approved by the City Council , upon consideration of the particular
type of development proposed in the subdivision, and especially
in large-scale neighborhood unit developments not anticipated in
the Comprehensive Plan, the Board may require the dedication or
reservation of such other areas or sites of a character, extent
and location suitable to the needs created by such development for
schools, parks and other neighborhood purposes.
Sec. 503.14 Alleys .
(A) ALLEYS SHALL BE PROVIDED in commercial and industrial
districts , except that the City may waive this requirement where
other definite and assured provision is made for service access,
such as off-street loading, unloading and parking, consistent with
and adequate for the uses proposed.
(B) THE WIDTH OF AN ALLEY shall not be less than Twenty
(20 ) feet shall be paved full width.
(C) ALLEY INTERSECTIONS, and sharp changes in alignment
shall be avoided, but where necessary corners shall be cut off
sufficient to permit safe vehicular movement for trucks .
(D) DEAD-END ALLEYS shall be avoided where possible
but if unavoidable , shall be provided with adequate turn-around
facilities at the dead-end, as determined by the Board.
Sec. 503.15 Surface and Storm Drainage
(A) REQUEST FOR APPROVAL OF PRELIMINARY PLAT plans shall
be accompanied by a comprehensive study of the surface and storm
drainage system. In making this study, the modified formula shall
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be used in computing the amount of storm water to be carried
by the Drainage System. The formula to be used is as follows : -
Q = CIA, in which Q = total storm water run-off
C = a run-off coefficient representing
the ratio of run-off to rainfall
I = intensity of rainfall, or rate of
rainfall in inches per hour
A = surfaced area in Acres
In the use of this formula, the following ratio of impervious-
ness Zoning classifications shall be taken:
Commercial .................................................................90%
Residential & Industrial Areas .................................40%
Parks & undeveloped Areas ....................................5%
Since the coefficient of run-off is a combination of these
factors , together with other factors such as retention, impervious-
ness , etc. , the following coefficients of run-off may be used in
the study.
Coefficient of Run-of "C"
Duration of Storm (minutes) 10 15 20 30 60 120
Commercial Area .548 .645 .745 .836 .955 .975
Residential Area .356 .440 .502 .576 .680 .740
Undeveloped Area .237 .316 .369 .422 .522 .617
The design storm curve "I" to be used in these studies shall
be in the five year frequency curve based on the U. S . Weather
Bureau and the U. S . Department of Agriculture data. In moderately
sized developments , the rate of rainfall at the one hour point may
be used. For the City of Cape Canaveral this figure is approximately
three ( 3) inches per hour. Further in using this formula, con-
sideration can also be given to the fact that the water need not
be entirely removed until three hours after the end of this one hour
rainfall .
The storm drainage plan may include the use of street curbs
and gutters and open ditches as transportation arteries for the
storm water, provided that the length and grade of the street is not
too great thereby permitting the accumulation of excessive amounts of
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water in the street proper. Culverts shall be used at all points
where open ditches occur at street or driveway crossings . Under-
ground storm sewers shall be used if the area to be drained is
too large for normal sized drainage ditches. The decision in
this respect shall be made by the Board upon the recommendation
of the City's Engineer.
Outfall of the subdivision surface or storm drainage system
shall be one of the following:
(1) Proper connection between the new subdivision
drainage system and the existing City drainage system, if, in the
opinion of the City' s Engineer, the existing City system is
adequate.
( 2) Proper connection from the new subdivision to
existing natural drainage , such as a creek, river or low swampy
areas adjacent to the subdivision.
(3) Proper connection from the new subdivision to
and existing drainage ditch or canal of the City, County or Drain-
age District, provided written permission has been secured from
the political units having ownership of such drainage facility.
(4) In the event none of the methods of disposal of
the storm waters from the subdivision outlined above are readily
accessible to the subdivision, it shall be the responsibility of
the subdivider to provide a suitable outfall for the storm waters
of the new subdivision bysecuring permanent easements or the
purchase of right-of-way for the construction of a suitable under-
ground storm drain through private property, so as to connect the
subdivision storm drainage system with a satisfactory disposal area.
in addition the cost of obtaining and installing such drainage
right-of-way and structures shall be the responsibility of the
Developer.
AB MATERIALS FOR STORM DRAINAGE SYSTEMS
(1 ) Pipe used in the construction of storm drainage
systems shall be reinforced concrete, vitrified clay or bituminous
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149
coated corrugated metal pipe and pipe arch, or cast iron pipe
conforming to the Florida State Road Department Standard Specifica-
tions April 1 , 1954 , Section 507 , paragraph 507. 1 through 507. 8
inclusive.
( 2) Catch Basins and Manholes shall be either
masonry or reinforced concrete Class B furnished with cast iron
frame grating or cover, conforming to the Florida State Road Depart-
ment p
ment Standard Specifications April 1 , 1954 , Section 505 , paragraph.
505 . 1 , Masonry Brick; Section 209 , Structural Concrete , paragraph
209 .1 through 209 . 22 ; Section 520 , Steel and Other Metals , para-
graph 520 .12 , Franes and Gratings .
( 3) Minimum size of storm sewers or culverts shall
be fifteen (15 ) inches .
Sec. 503.16 Potable Water Systems
The Subdivision shall be provided with an adequate
potable water system designed by a registered engineer approved
by the Florida State Board of Health and the City 's Engineer. The
system shall be so sized as to provide adequate fire protection
in compliance with the recommendations of the National Board of
Fire Underwriters , for the initial and final plans of the sub-
division.
Sec. 503.17 Sanitary Sewer System
The Subdivision shall be provided with a Sanitary
Sewer Collection System including interceptor sewers , lift stations
and such appurtenances as to deliver the sewage to the Sanitary
Sewer System of the City of Cape Canaveral at a convenient point
of connection. The sanitary sewer system shall be designed by a
registered engineer and approved by the Florida State Board of
Health and the City' s Engineer.
Sec. 503.18 Streets , Roads and Alleys
Streets , roads and alleys as shown on the Final Plat
will require curbs and gutters , and driveways turnouts shall be
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150
constructed, all in conformity with specifications herein outlined.
(A) GENERAL PLAN.
The arrangement , character, extent , width , grade and
location of all streets shall conform to the Comprehensive Plan
and shall be considered in their relation to existing and planned
streets , to topographical conditions , to public convenience and
safety , and in their appropriate relation to the proposed uses
of the land to be served by such streets .
(B) WHERE SUCH IS NOT SHOWN in the Comprehensive Plan
the arrangement of streets in subdivisions shall either:-
(1) Provide for the continuation or projection of
existing principal streets in surrounding areas , or
(2) Conform to a plan for the neighborhood approved
or adopted by the Board to meet a particular situation where
topographical or other conditions make continuance or conformance
to existing streets imparcticable .
(C) MINOR STREETS shall be so laid out that their use
by through traffic will be discouraged.
(D) WHERE A SUBDIVISION ABUTS or contains and existing
or proposed arterial street the Board may require marginal access
streets , reverse frontage with screen planting contained in a non-
access reservation along the rear property line , deep lots with
rear service alleys , or such other treatment as may be necessary
for adequate protection of residential properties and to afford
separation of through and local traffic.
(E) WHERE A SUBDIVISION BORDERS on or contains a railroad
right-of-way or limited access highway right-of-way , the Board
may require a street approximately parallel to and on each side
of such right-of-way, at a distance suitable for the appro-
priate use of the intervening land, as for park purposes in re-
sidential districts , or for commercial or industrial purposes in,
appropriate districts . Such distances shall also be determined
with due regard for the requirements of approach grades and future
grade separations .
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151
(F) RESERVE STRIPS controlling access to streets shall
be prohibited except where their control is definitely placed in
the City under conditions approved by the Board.
(G) STREET JOGS , with centerline offsets of less than
one hundred and twenty-five (125 ) feet shall be avoided.
(H) A TANGENT at least one hundred (100 ) feet long
shall
be introduced between reverse curves on arterial and collector
streets .
(I) WHEN CONNECTING STREET LINES DEFLECT from each other
at any one point by more than ten (10) degrees , they shall be
connected by a curve with a radius adequate to insure a sight
distance of not less than seventy-five (75) feet for minor and
collector streets , and of such greater radii as the Board shall
determine for special cases .
(J) STREETS SHALL BE LAID OUT so as to intersect as nearly
as possible at right angles and no street shall intersect any
other
street at less than sixty ( 60 ) degrees .
(K) PROPERTY LINES AT STREET INTERSECTIONS shall be round-
ed with a radius of twenty-five feet , or of a greater radius where
the Board may deem necessary. The Board may permit comparable cut-
offs or chords in place of rounded curves.
(L) STREET RIGHT-OF-.JAY WIDTHS shall be as shown in the
Comprehensive Plan and where not shown therein shall be not less
than as shwon on the following tabulation.
Street Type Right-of-Way in feet Street Type Right of-Way in feet
Arterial 100' Minor, for other residences 50'
Collector 60' Marginal access 50'
Minor, for row houses
and apartments 60'
M. HALF STREETS shall be prohibited, except where es-
sential to the reasonable development of the subdivision in con-
formity with the other requirements of these regulations ; and ,
where the Board finds it will be practicable to require the
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152
dedication of the other half when the adjoining property is sub-
divided. Whenever a half street is adjacent to a tract to be
subdivided, the other half of the street shall be platted within
such tract.
(N) DEAD-END STREETS , designed to be so permanently shall
not be longer than five hundred (500) feet, except on "fingers",
and shall be provided at the closed end with a turn-around, having
an outside roadway diameter of at least eighty (80 ) feet, and a
street property line diameter of at least one hundred (100 ) feet.
(O) NO STREET NAMES shall be used which will duplicate or
be confused with the names of existing streets . Street names shall
be subject to the approval of the Board.
(P) NO STREET GRADES shall be less than 0 . 20 per cent.
(Q) THE MINIMUM STREET WIDTHS , cross sections , curbs , and
gutters, and construction standards are shown on the page follow-
ing the last page of this ordinance .
(R) GRASS DRAINAGE SWALES and paved entrance driveways ;
An exception to the requirement for street curbs may be
made in those instances where it can be shown by the detailed plans
and specifications prepared by a registered engineer, that the
street grades and drainage swales grades will be not less than 0 .6% -
and the storm and surface drainage plan prepared will be adequate
and comparable with that designed for curbed streets and roads ;
and further, that the use of these grassed drainage swales in lieu
of curbs has been previously approved by the City' s Engineer and
the Board.
Sec. 503.19 Streets , Roads and Alleys - Technical Specifications
and Construction Methods
(A) STREETS , ROADS AND ALLEY CONSTRUCTION MATERIALS and
construction methods shall conform to the Standard Specifications
for Road and Bridge Construction of the Florida State Road Depart-
ment , of the latest issue at the time of the Subdivision Application
for Plat Approval , as follows.
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153
Section 20 Clearing and Grubbing
Section 21 Removal of Existing Structures
Section 23 Excavation and Embankment
Section 36 Stabilized Road Bed
Section 54 Limerock Base
Section 59 Soil-Cement Base
Section 106 Sand Bituminous Road Mix
Section 107 " " " "
Section 100 Prime and Tack Coat for Bases
Section 102 Bituminous Surface Treatment
Section 129 Asphaltic Concrete Surface Type #2
Section 315 Concrete Curb , Concrete Curb and Gutter,
Concrete Valley Gutter.
Section 337 Grassing and Mulching
Sec. 503.20. Bridges .
FIXED SPAN BRIDGES shall be constructed at a
height of not less than eight ( 8) feet above mean high water level
and shall be constructed from plans and specifications prepared by
a registered engineer and approved by the City. No road or bridge
between "fingers" shall be constructed which will preclude access
to the channel of the Banana River, as established by the U. S .
Corps of Engineers .
Sec. 503.21. Canals .
(A) THE ARRANGEMENT , CHARACTER, EXTENT, width and
location of all canals constructed by the Subdivider shall conform
to the Comprehensive Plan and shall be considered in their rela-
tions to existing and planned canals , rivers and waterways , to pub-
lic convenience and safety , and their appropriate relation to the
proposed uses of the land to be served by such canals . The minimum
width of any canal or waterway shall be one hundred (100 ) feet.
(B) WHERE SUCH IS NOT SHOWN in the Comprehensive Plan ,
the arrangement of canals in a subdivision shall either:
(1) Provide for the continuation of appropriate
projection of existing canals or waterways in the surrounding areas ,
or (2) Conform to a plan for the neighborhood ap-
proved or adopted by the Board to meet a particular situation when
conditions make continuance or conformance to existing canals or water-
ways impracticable.
Sec. 503.22. Bulkheads or Retainer Walls. Retaining walls or bulkheads on all property
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154
abutting on canals or waterways shall not be required , except at
the option of the Subdivider; but, if constructed, they shall be
designed and planned to meet the approval of the City. When re-
tainer walls are not constructed, the Subdivider shall slope all
lots or parcels abutting on canals, rivers or waterways at a grade
not to exceed eight (8) degrees. All slopes shall be grassed from
the high water level to the crown of the slope.
Sec. 503.23. Street Name Signs.
Street name signs shall be installed at the inter-
section of all streets , carrying the street names approved on the
subdivision plat. Location and design of street name signs shall
be subject to the approval of the City Council.
SKETCHES AND DRAWINGS
Section 1. Subdivision Street Types.
Sketch shows street types and street jogs , and
street intersections. See Exhibit "B".
Section 2, and 3. Arterial and Collector Streets.
Sketch shows cross sections of construction of an
Arterial Street, one hundred (100) foot right-of-way; a Collector
Street , sixty (60) foot right-of-way ; types of curbs and gutters
are indicated as well as types of wearing surface , typical construc-
tion details. See Exhibit "C".
Sections 4. and 5. Minor Streets.
Sketch shows typical construction details , show-
ing cross section of sixty (60) foot right-of-way for apartments
or row houses; and, fifty (50) foot right-of-way for standard con-
struction on Minor Streets. See Exhibit "D".
Section 6. Long and Short Dead-End Streets and "Fingers"
with Turn-Arounds
Sketch shows accepted dimensions for turn-arounds.
See Exhibit "E".
PART VI- VARIANCE , APPEALS , ARBITRATION , SEVERABILITY CLAUSE,
PENALTY, WHEN- EFFECTIVE.
Section 1 . Variance .
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155
37
A. HARDSHIP, Where the Board finds that extraordinary
hardship may result from strict compliance with these regulations ,
it may vary the regulations so that substantial justice may be
done and the public interest secured ; provided that such vari-
ance will not have the effect of nullifying the intent and pur-
lpose of the Comprehensive Plan or these regulations.
B. LARGE SCALE DEVELOPMENT. The standards and require-
ments of these regulations may be modified by the Board in the
case of a plan an program for a new town, a complete communityp
or a neighborhood unit , which, in the judgment of the Board provide
adequate public spaces and improvements for the circulation, re-
creation, . light, air and services needed for the tract when fully
developed and populated , and which also provide such covenants
or other legal provisions as will assure conformity to and achieve-
ment of the plan.
C. CONDITIONS. In granting variances and modifica-
tions , the Board may require such conditions as will , in its
judgement, secure substantially the objectives of the standars or
requirements so varied or modified.
Section 2 . Appeals and Arbitrations .
Appeals from any decision of the Board shall be taken
to the "Zoning Board of Adjustment" , which sec-
tions are hereby made a part of this Chapter by reference.
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156
[this entire page is scribbled out]
EXHIBIT "A"
Conditional Approval of Preliminary Plat
The following spaces are to be provided on the Preliminary
Plat for the signatures of the Chairman of the Planning &
Zoning Board and the City' s Engineer:
Certificate of Conditional Approval by Planning & Zoning Board
This is to certify that on the
Planning and Zoning Board of the City of Cape Canaveral, Florida
approved the foregoing Preliminary Plat with the conditions, if
any, attached herewith and referenced as
Chairman of the Board
Recommendation of City' s Engineer
This is to certify that as the City' s Engineer, I have
examined the foregoing Preliminary Plat and recommend its con-
ditional approval with the conditions, if any, attached here-
with and referenced as
City' s Engineer
158
EXHIBIT B
[diagram of subdivision street types]
[diagram of street jogs]
[diagram of street intersections]
[arterial street diagram]
[collector street diagram]
160
[minor street - apartments or row houses diagram]
[minor street diagram]
161
[diagram of "long and short dead-end streets & fingers with turn-around"]
162
44