HomeMy WebLinkAboutOrdinance No. 07-1984MICROHL VED 4-15 -55
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.
SECTION 2. Section 503.02 is hereby repealed in its
entirety and replaced with the following:
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.
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MICROFILMED 4-15-85
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 cil, 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.
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MICROF
L ED 4.15 -85
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"
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MICROFILMED 4-15-85
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.
SECTION 3. Section 503.03 is hereby repealed in its
entirety and replaced with the following:
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.
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MICROFJL ED 4.15 -35
(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.
SECTION 4. Section 503.04 is hereby repealed in its
entirety.
SECTION 5. Section 503.05 is hereby repealed in its
entirety and replaced with the following:
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.
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d "rICR OF L110ED 4 -15.85
(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.
SECTION 6. Section 503.06 is hereby repealed in its
entirety.
SECTION 7. Section 503.07 is hereby repealed in its
entirety and replaced with the following:
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
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MICR0FiL
(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.
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M1CROHL . ED 4.15 -85
(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 -
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.
SECTION 8. Section 503.08 is hereby repealed in its
entirety and replaced with the following:
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.
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MICROFILMED 445 -85
(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.
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.
NAME
YES
NO
CALVERT
X
FISCHETTI
X
NICHOLAS
X
RUTHERFORD
X
WINCHESTER
X
Permission to Advertise: 4 -3 -84
First Reading 4 -17 -84
Posted: 4 -4 -84
Advertised: 4 -11 -84
Second Reading: 5 -1 -84
ORDINANCE NO. 7 -84
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