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HomeMy WebLinkAboutOrdinance No. 22-1993ORDINANCE NO. 22 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING AND REENACTING CHAPTER 503 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 503, SUBDIVISION OF LAND, of the City Code of Ordinances is hereby repealed and reenacted as follows: CHAPTER 503 SUBDIVISION OF LAND Sec. 503.01 Declaration of Purpose.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 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. Sec. 503.02 Definitions. For the purpose of this chapter, certain words and terms used herein are defined as follows: (1) 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. (2) APPLICANT: The record owner, or his authorized representative, of a tract of land that is to be used as a Subdivision within the scope of this ordinance. (3) BIKEWAY: An area which is restricted to pedestrian and bicycle traffic. (4) BLOCK: A lot or group of lots entirely and immediately surrounded by streets or highways, railroad right - of -ways, water courses, subdivision boundaries, or any combination thereof. (5) BOARD: The Planning and Zoning Board of the City of Cape Canaveral, Florida. (6) 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. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 2 (7) BUILDING LINE: The effective building line as defined by the setback provisions of the City of Cape Canaveral Planning and Zoning Board. (8) BULKHEAD: A retaining wall or structure designed to prevent the erosion of land by water action. (9) BULKHEAD LINE: An artificial line established in or along a river, water course, or body of water designating the maximum distance or limit that land filling will be permitted. (10) CANAL: An artificial water course, trench or ditch in the earth for confining water to a defined channel. (11) CERTIFICATE OF ACCEPTANCE: That certificate issued by the City Engineer subsequent to final inspection that all improvements have been completed in conformity with the requirements of this ordinance and the approved construction plans and specifications. (12) CERTIFICATE OF OWNERSHIP: An opinion of title of a licensed attorney or title company certifying to the City of Cape Canaveral, based upon an examination of an abstract of title or the Official Records of the City of Cape Canaveral stating that the applicant is the owner in fee simple to the tract submitted for subdivision. The certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to said tract, if any. (13) CITY: The City of Cape Canaveral, Florida. (14) CITY ENGINEER: The person or firm designated by the City of Cape Canaveral to be the City Engineer. (15) 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. (16) CONSTRUCTION PERMIT: The permit to begin construction of improvements according to the construction plans and specifications approved under this ordinance. (17) CONSTRUCTION PLANS AND SPECIFICATIONS: The engineering drawings, specifications, tests and data necessary to show construction of the proposed improvements in a subdivision. (18) COUNCIL: Canaveral, Florida (19) COUNTY: Florida. The City Council of the City of Cape The unincorporated areas of Brevard County, (20) CUL -DE -SAC: A street having one open end and being permanently terminated by a vehicular turn - around. (21) 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. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 3 (22) DER: The Florida Department of Environmental Regulation (or its successor departments /agencies). (23) DEVELOPMENT PLAN: A plan indicating the design of a subdivision in compliance with the requirements of this ordinance. (24) DEVELOPMENT STAGE: A specified portion of a subdivision that may be developed as an independent entity that is delineated in the preliminary plat or development plan, whichever is applicable. (25) DNR: The Florida Department of Natural Resources (or its successor departments /agencies). (26) DOT: The Florida Department of Transportation. (27) DRAINAGE DISTRICT: St. Johns River Water Management District (28) HARDSHIP: An unnecessary inability to use the applicant's land in accordance with zoning ordinances and laws or land use ordinances which exists due to conditions or circumstances peculiar to the applicant's land and does not result from the actions of the applicant. (29) EASEMENT: A right -of -way granted for limited use of private property for a public or quasi - public purpose. (30) 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. (31) 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. (32) MOSQUITO CONTROL: The Director of the Brevard County Mosquito Control District. (33) N.G.V.D. of 1929: National Geodetic Vertical Datum of 1929. (34) P.C.P.: A permanent control Chapter 177 of the Florida Statutes. (35) P.R.M.: A permanent reference in Chapter 177 of the Florida Statutes. (36) PERSON: Any person, firm, partnership, association, corporation, company or organization and association of any kind. point as defined in monument as defined (37) PLAT: A map or delineated representation of the subdivision of a tract, being a complete exact representation of the subdivision and other information in compliance with all applicable sections of this ordinance or any other City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 4 applicable policy, regulation, ordinance, or law. (38) PRIME AQUIFER RECHARGE AREAS: All land areas from which the infiltration of water naturally recharges a fresh water aquifer in the City of Cape Canaveral. (39) PUBLIC IMPROVEMENTS: Those improvements required to be dedicated to the City of Cape Canaveral for use by the public, including but not limited to streets, sidewalks, drainage, preservation areas, and other easements and rights - of -way, street signs and signals or water and sewer facilities as defined herein, or any other applicable City policy, regulation, ordinance, or law. (40) PROTECTIVE COVENANTS: An agreement which restricts the use of private property. (41) REQUIRED IMPROVEMENT: An item of construction required under the ordinance in order to improve a tract of land. (42) RETAINER WALL: See Bulkhead. (43) RIGHT -OF -WAY: Land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. (44) SHALL: The term "shall ", as used herein, means the action or deed following its use is mandatory. (45) SIGHT DISTANCE: The minimum extent of an unobstructed forward vision (in a horizontal plane) along a street from a vehicle located at any given point, on a street. (46) SKETCH PLAN: An informal plan indicating the salient existing features of the site and its surroundings as described in S 503.03 and the general layout of a proposed subdivision. (47) 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 a 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. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 5 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. (48) SUBDIVIDER: The record owner, or his designated representative, of a tract of land 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. (49) SUBDIVISION: The term "subdivision ", as used herein, means the division of a tract 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 tract of land. The term "subdivision" includes resubdivision and replating, and when appropriate to the context, shall relate to the process of subdividing, or the land subdivided. (50) SUBMIT: The act of delivering by hand, mail, or other means. (51) TREE: Any self- supporting perennial plant which has a trunk diameter of at least six (6) inches measured one (1) foot above the ground at the base of the tree and normally grows to a minimal height of at least twenty -five (25) feet during its lifetime. (52) TRACT: The total actual parcel of land that is being divided into a subdivision. (53) UNIT: The lesser lot or parcel that results from the division of a tract. (54) USCOE: The United States Army Corps of Engineers. (55) UTILITIES: The term utilities shall mean water, sewage, drainage, electric light and power, telephone and gas lines. (56) WATER COURSE: A stream of water flowing in a definite course, provided continued flow is unnecessary if the stream has substantial existence. Sec. 503.03 Site Plan Preapplication Submittal, and Review Procedures PURPOSE AND INTENT: In order to promote development of land within the municipal boundaries of the City of Cape Canaveral that is harmonious with and otherwise in compliance with the comprehensive plan, surrounding development, and all applicable codes, Applicants for site plan approval are encouraged to utilize the preapplication conference and screening process available to all site plan Applicants. The preapplication screening and conferences are intended to assist the Applicant in becoming more aware of and, therefore, more likely to comply with, guidelines applicable to the project for which a site plan will be submitted. However, the Applicant is cautioned that the preapplication screening process is not intended to be a substitute for the formal site plan submittal and review procedures. Nor is it expected that City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 6 the Applicant can rely upon conditional approvals received during the preapplication process as binding the City in any manner during subsequent site plan submittal and review procedures. A. Prior to the site plan submittal and review procedures provided in 645.05, sections (B) et seq., the Applicant is encouraged to confer with the Building Department in order to review a preliminary checklist to assist the Applicant in complying with certain requirements of the city Code. Said checklist, prepared by the Building Department, will at a minimum, familiarize the Applicant with state and city laws, regulations and ordinances with which a site plan is expected to comply. This step does not require an application fee nor the filing of a plat. While not mandatory, the preapplication procedure, in order to be productive, should be utilized approximately ten (10) days prior to formal site plan submittal by the Applicant in accordance with the provisions that follow. Plat. B. The Applicant will provide five (5) copies of his proposed sketch plan to the Building Department five (5) days prior to the preapplication conference. C. The proposed sketch plan so provided shall contain a location map showing the relationship of the proposed subdivision to existing and proposed facilities as indicated in the Comprehensive Plan, and shall contain general information including, but not limited to, the following: (i) General information on the existing site conditions, water management facilities, soil conditions, flood plain data, topography, trees and vegetation, adjacent community facilities, utilities and surrounding property conditions. (ii) General description of the proposed development including proposed development including proposed number of lots, approximate lot width and depth, building size and type. Proposed stages of development, if appropriate, should be shown. (iii) In sketch form, a plan showing the proposed pattern of streets, lots, and water management facilities in relation to existing natural conditions of the site and its surroundings. Sec. 503.04 Procedure for Approval of Preliminary A. PRELIMINARY PLAT INFORMATION REQUIRED: The following information shall be provided to the City of Cape Canaveral a minimum of thirty (30) days prior to the meeting at which the Preliminary Plat will be reviewed by the Board. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 7 (1) LETTER requesting review of the Preliminary Plat under the provisions of this ordinance. (2) LOCATION MAP showing the site in relation to the existing community, including the name of the development and its location and main traffic arteries. (3) TOPOGRAPHIC MAP showing the proposed layout of the streets, utilities, lots and other features (including a north arrow) in relation to the existing conditions on a topographic survey. (4) PRELIMINARY PLAT sufficiently completed to be recorded, showing easements, etc. 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, drainage, roadway and sidewalks, preliminary plan of proposed sanitary sewers with grades and sizes included. (5) (6) DRAFT OF PROTECTIVE COVENANTS whereby the Subdivision 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. (7) There shall be a minimum of nine (9) copies of the above documents submitted by the applicant. (8) FILING FEE as established by the City in an amount deemed necessary to cover the cost incurred in reviewing and approving submittals shall accompany the application. B. APPLICATION AND CITY REVIEW: Upon the documents being submitted to the City of Cape Canaveral, the Building Official shall review and forward to the City Engineer 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. Within ten (10) days, the City Engineer will return in writing all comments, recommendations and questions to the Applicant. The applicant shall then have ten (10) working days to comply with the City Engineer's written request and submit the information as corrected and /or modified to the City. C. BOARD PROCEDURE: The Board shall review the City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 8 Preliminary Plat and other material submitted for conformity with the Code and may negotiate on changes deemed advisable. The Board 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 designated representative. D. TIME LIMIT: The approval of a preliminary plat shall be valid for a period of six (6) months. If an applicant has not obtained a construction permit, been granted one six (6) month extension of time by the Board on a demonstration of good cause, or made final plat approval within six (6) months of preliminary plat approval, the preliminary plat approval shall be revoked and the applicant must re -apply under the provisions of this ordinance. Sec. 503.05 Procedure for Approval of Final Plat. A. GENERAL: (1) The Final Plat shall conform to the Preliminary Plat as approved by the Board, 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 a minimum of two (2) weeks prior to the meeting at which it is to be considered. Nine (9) copies of the Final Plat exhibits required for approval shall be prepared as specified by the Code Chapter and by State Statute. (3) (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. B. REQUIREMENTS FOR FINAL PLAT APPROVAL: The following items shall be required before Final Plat approval can be granted. (1) Certificate from City Engineer certifying proposed subdivision is acceptable. (2) Either an irrevocable letter of credit, performance bond, or certified check which will enable all unfinished improvements to be accomplished by the City, if need be. (3) Protective Covenants in form for recording, if required. (4) 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 City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 9 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. 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. (5) GROUND ELEVATIONS: on the tract, based on a datum plane approved by the City Engineer: for that land that slopes less than approximately two percent (2 %), show spot elevations at all breaks 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 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 significant features. (8) OTHER CONDITIONS ON ADJACENT LAND: approximate direction and gradient of ground slope, including City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 10 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 designation according to official records in office of appropriate recorder; 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. B. PRELIMINARY PLAT: (general subdivision plat) shall be drawn at a uniform scale of not smaller than one inch (1 ") equals one hundred feet (100'). It shall show all existing conditions required in subsection A above, "Topographic Data" and shall show all grades. (1) STREETS: names, right -of -way and roadway width; approximate grades and gradient; similar data for alleys, if any. (2) OTHER RIGHT -OF -WAYS 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, playground or other public uses. (6) OTHER SITES: if any, for multi - family dwellings, shopping centers, churches, industry or other non- public uses, exclusive of single - family dwellings. (7) SETBACKS: minimum building setback lines. (8) SIZE DATA: including total acreage, number of lots, typical lot size and acres in parks, public open space, etc. (9) OWNER, SCALE: north arrow and date. (10) VICINITY MAP: approximately 3 -1/2 inches x 3 1/2 inches in size, showing the site in relation to the existing community. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 11 (11) DRAINAGE PLAN: a. Proposed finished elevation of each building site and the first floor level. b. Proposed orderly disposal of surface water run -off with the system capabilities having a minimum ability to accommodate the first inch of rainfall; all swales and retention /detention areas will be located with grades and elevations provided. All swales and retention /detention areas shall bear a note that they will be sodded. c. All existing and proposed drainage facilities (culverts, pipes, etc.) with sizes and grades. d. Centerline elevation of any street contiguous to the site. Unless waived by the City Engineer and the Building Official, first floor elevations shall be a minimum of twelve(12) inches above the crown of the street. e. Location and method of linkage with off -site drainage facilities /ditches to accommodate the site's surface water run -off outfall, including documents indicating legal access across private property, if applicable. The City Engineer and Building Official may vary the detail required concerning item (a), (c) and (d) . C. ADDITIONAL INFORMATION: The Preliminary Plat shall be accompanied by profiles showing the elevations of existing ground surface, proposed fill, proposed street grades, and proposed homesites, 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 stormwater sewers with grades and sizes indicated; and information regarding the impact a 10 year, 25 year and 100 year flood with a 24 hour duration will have on the improved tract. All elevations shall be based on N.G.V.D of 1929. In addition, at the discretion of the Planning and Zoning Board, a traffic impact survey or analysis may be required. Sec. 503.08 Final Plat Approval, Plats and Data A. THE FINAL PLAT shall be drawn by the subdivider to conform to the requirements of the City Council as stated herein 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. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 12 (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. NUMBER to identify each lot and block. PURPOSE to which sites are dedicated or reserved. 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 registered engineer certifying survey or plat. (12) CERTIFICATION OF TITLE showing is the land owner. SURVEYOR or to accuracy of that applicant (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 Council. B. CROSS SECTIONS AND PROFILES OF STREETS, showing grades approved by the City Engineer. The profiles shall be drawn to City standard scales and elevations, and shall be based on a datum plane approved by the City Engineer. Sec. 503.09 Construction Permits (1) APPROVAL OF CONSTRUCTION PLANS: The applicant must obtain a single construction permit from the City for the construction of all subdivision improvements. After approval of the preliminary plat, the applicant may apply for a construction permit under either of the following procedures: City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 13 A. CONSTRUCTION BEFORE FINAL PLAT APPROVAL: The applicant shall submit construction plans and specifications, along with the security required in Section 503.05, as required herein for subdivision improvements. A certificate of ownership shall accompany such plans and specifications. The improvements covered under this permit shall be completed prior to final plat approval; or B. CONSTRUCTION AFTER FINAL PLAT APPROVAL: The applicant shall submit construction plans and specifications as required herein for subdivision improvements. The plans and specifications shall be submitted with a final plat for approval and the applicant shall provide the security required in Section 503.05 for the performance of such construction. This permit shall be for all improvements which are to be constructed after final plat approval. (2) SUBMISSION OF CONSTRUCTION PLANS AND SPECIFICATIONS: The applicant requesting a permit under either of the procedures described above shall furnish to the City, five (5) sets of plans and specifications designed in accordance with the requirements of this Ordinance for the construction of the roads, sidewalks, bikeways, drainage and water management facilities, utilities, lot filling and other required improvements as described in Sec. 503.11 of this Ordinance, including a master drainage map and subsoil investigation report. All construction plans and specifications must be designed, signed and sealed by a professional engineer who is registered in the State of Florida. (3) REVIEW: Upon receipt of said plans and specifications, the City shall forward two sets of the plans and specifications to the City Engineer. Within ten (10) working days after receipt of such plans and specifications, the City Engineer shall review the submittal and submit recommendations to the City. The City Engineer shall review the plans and specifications for conformity with the design of the preliminary plat and the construction specification requirements of this Ordinance and any other applicable policy, ordinance, law, or regulation. (4) APPROVAL OF PLANS AND SPECIFICATIONS: If a subdivision is to be provided potable water or sanitary sewer service by an authority other than the City, the applicant shall provide the City Engineer with written confirmation that the Authority has approved the plans and specifications for the water or sanitary system in the subdivision. After the review by the City Engineer, all staff recommendations shall be furnished to the Board with said plans and specifications. The Board shall approve, disapprove, or approve subject to specified conditions, said construction plans and specifications based on the requirements of this ordinance. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 14 (5) MASTER SURVEY POINT: Prior to the issuance of a construction permit the applicant shall submit to the City a certificate from a surveyor registered in the State of Florida that a concrete permanent reference marker has been located in the public right -of -way at a corner point of the subdivision near the entrance way of the proposed subdivision. The permanent reference marker shall be identified on the plat of the subdivision as the master survey point for the subdivision and shall be used to establish the grade level for all improvements in the subdivision. (6) ISSUANCE OF A CONSTRUCTION PERMIT: After the approval of the Board, the City shall issue a construction permit for the construction of the improvements in conformity with said approved plans and specifications, the subdivision plat, and the requirements of this ordinance. The construction permit shall be posted in a conspicuous place in the open at the construction site. (7) TERM OF CONSTRUCTION PERMIT AND REVOCATION: A construction permit issued under this section shall be void if construction of the required improvements does not commence within 180 days. A construction permit shall expire one (1) year from the date of its issuance. The failure to complete construction of said improvements within one (1) year shall automatically revoke said construction permit unless the Board grants an extension of such permit if good cause is demonstrated in the applicant's written request for such an extension. (8) UNLAWFUL TO CONSTRUCT WITHOUT A CONSTRUCTION PERMIT AND PENALTY: It shall be unlawful for any person to construct any improvement or any part of an improvement within a tract without a valid construction permit issued for such construction under the provisions of this ordinance. Each day a person constructs any subdivision improvement or part of an improvement within the tract without a valid construction permit constitutes a separate offense under this Ordinance. Sec. 503.10 Inspection; Data Required, and Certificate of Completion (1) INSPECTIONS: The City and such other agencies having construction review responsibilities, or their representatives shall have the right and privilege to inspect and visit the tract for the purpose of insuring that all improvements are being constructed in conformity with the provisions of this Ordinance, and said approved construction plans and specifications. (2) SUBMISSION OF DATA: The City shall have the right, on or before the issuance of a construction permit, to require the submission of all required data, tests and reports specified in this Ordinance. (3) NOTIFICATION: The City shall be specifically notified of the commencement and completion of the following items of construction so that an inspection can be performed to assure construction City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 15 in conformity with said approved construction plans and specifications and the requirements of this Ordinance: (a) Storm sewers and sanitary sewer lines, and all other utilities prior to backfilling. (b) Stabilized subgrade. (c) Curb and concrete work. (d) Roadway base. (e) Surface course. (f) Permanent reference monuments and permanent control points. The failure to notify the City of the commencement and completion of the construction of such items may be good cause for the City to refuse to issue a certificate of completion. All utility improvements must be inspected by the City prior to backfilling. (4) ISSUANCE OF CERTIFICATE OF COMPLETION: Upon completion of construction of the improvements, the applicant or his authorized representative shall provide to the City the following items: (a) A letter stipulating that construction of the improvements has been completed and requesting final inspection and approval. (b) The testing reports and certificates of compliance from material suppliers specified in this ordinance. (c) Two (2) sets of as -built construction plans. (d) A letter signed and sealed by a Professional Engineer registered in the State of Florida certifying that the improvements have been constructed in conformity with the approved construction plans and specifications. (e) A letter from the appropriate Authority approving all utility installations. If the Authority is accepting a public water or sanitary sewer system, there must be a letter indicating acceptance of the construction of said system. Upon receipt of the above items, the City shall review said data and make a final inspection of the constructed improvements and shall notify the applicant of any items of noncompliance of said construction with the design contained in the approved construction plans and specifications and the provisions and requirements of this Ordinance. A certificate of acceptance shall be issued by the City when the construction of said improvements is completed in conformity with the design contained in the approved City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 16 construction plans and specifications, and the provisions and requirements of this Ordinance. Sec. 503.11 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, and prior to the commencement of a construction, 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 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 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 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) All elevations are referred to N.G.V.D. OF 1929. (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) The Bronze Disk shall be flat, 3- inches in diameter, and 3/16 -inch thick with a 1 -inch by 2- 1/2 -inch stem at the bottom. 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. C. UTILITY AND STREET IMPROVEMENTS. (1) WATER SUPPLY: All 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 the Criteria for Water and Sanitary Sewerage Systems Within Brevard County. All public water plans and specifications must be approved by the City Engineer, the City of Cocoa Water City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 17 Department, and as applicable, the Florida Department of Environmental Regulation (or its successor departments /agencies). (2) SANITARY SEWER: All structures shall be connected to the City Sewer System. System design and construction shall conform to the Criteria for Water and Sanitary Sewerage Systems Within Brevard County. All sanitary sewer plans must be approved by the City Engineer and as applicable, the Florida Department of Environmental Regulation and the Florida Department of Health and Rehabilitative Services (or their successor departments /agencies). (3) Storm drainage, ground water drainage and other drainage improvements plans and specifications must be approved by the City Engineer and as applicable, the St. Johns River Water Management District. (4) STREETS a. Arterial streets shall cross sections in accordance with the City Comprehensive Plan and as determined by the City Engineer and approved by the Planning and Zoning Board. b. Collector streets shall have a sixty (60) foot wide right -of -way, two (2) twenty (20A) foot wide pavements, a four (4) foot wide separation strip and five (5) foot wide sidewalks on each side, or a sixty (60) foot wide right -of -way, a forty (40) foot wide pavement, and four (4) foot wide sidewalks on each side. c. Minor streets for row houses and apartments shall have a sixty (60) foot wide right -of- way, thirty -six (36) foot wide pavement, and five (5) foot wide sidewalks on each side. For residences, minor streets shall have a fifty (50) foot wide right -of -way, twenty -four (24) foot wide pavement, and five (5) foot wide sidewalks on each side. d. Marginal access shall have a fifty (50) foot wide right -of -way, twenty -four (24) foot wide pavement, and five (5) foot wide sidewalks on each side. e. Streets along development boundaries, and streets connecting a development with existing improved street systems shall require cross sections as determined by the City Engineer and approved by the Planning and Zoning Board. 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 feet at edge of pavement or face of curb line. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 18 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 abutting the street and ditches to be sprigged with grass, or other protective measures taken as required by the City Engineer. All necessary drainage and utility 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 may have an inspector on the project, when deemed necessary, during the construction period. Said inspector shall be authorized to enforce the construction of said work in accordance with the plans and specifications covering same, and shall be furnished with a complete set of plans and specifications covering same 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 paved roads shall provide a minimum of two 12' wide lanes (24' width total) exclusive of curbs. o. All roadways shall be underlain by a base course of one of the following types, having a minimum thickness of six (6) inches, with design as prescribed by the Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways, as published by the Florida Department of Transportation, 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 approval before processing begins. Wet -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 City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 19 supplied per inch of depth per square yard of surface, and 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, and a minimum of a one -inch thick asphaltic concrete surface course, as specified by the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction ", latest edition. Subgrade stabilization of streets shall have a limerock bearing ratio (LBR) equal to LBR 40 to depth of twelve (12) inches. The subgrade shall be that portion of the road directly and through twelve (12) 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 one (1) LBR 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 Hubbard -Field stability is required, as well as type 2, as prescribed by the Florida Department of Transportation standard specifications. s. Curbs and gutters shall be raised curb of one of the following types and shall be constructed of class A concrete: q. (1) six -inch by sixteen -inch straight curb; (2) combination curb and gutter; (3) 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 four (4) inches thick, wire mesh, expansion (3 0) foot intervals joints scribed at intervals. class B concrete, with 6 x 6 x 10 joints at thirty and construction five (5) foot (4) All sidewalks must be approved by the City Engineer. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 20 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 a 6 x 6 x 10/10 wire mesh. v. Catch Basins and Drop Inlets shall be constructed of either masonry or reinforced Class B concrete. w. Drainage Pipe shall be of a material as approved in the Roadway and Traffic Design Standards, latest edition, as prepared by the Florida Department of Transportation. 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: a. The angular error of closure shall not exceed one (1) minute times the square root of the number of observations. b. The linear error of closure shall not exceed one (1) foot in five thousand (5,000) feet. 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" by 30" concrete monuments with 2 -1/4" 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: 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 Florida Department of Transportation and Brevard County standard specifications. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 21 Sec. 503.12 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 use contemplated. (2) ZONING REQUIREMENTS as to lot sizes and dimensions. (3) SUCH ACCESS, circulation, control and safety of street traffic as deemed necessary to protect the public health, safety and welfare. (4) LIMITATIONS and opportunities of topography. B. BLOCK LENGTHS shall not exceed 1,500 feet, or be less than 500 feet. C. PEDESTRIAN ACCESS: Pedestrian access right -of -ways shall be not less than ten (10) feet wide. At least six (6) feet of the right -of -way shall be paved with Portland Cement Concrete where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities. D. CROSSWALKS: In blocks over 1200 feet in length or where otherwise deemed necessary to give pedestrian access to schools, local shopping centers and parks, the City may require additional right -of -way and pavement for pedestrian crosswalks. Such pedestrian crosswalks shall consist of a right -of- way dedicated to the City for pedestrian use. Sec. 503.13 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 City's Zoning Code. (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 a width at least fifteen (15) percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from, and orientation to both streets. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 22 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 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 intersect streets and each other at right angles, and in no case shall a lot have an interior angle of less than thirty (30) degrees from a street or lot line. Sec. 503.14 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 said purpose. Parallel streets of parkways may be required in connection therewith, except in the case of "fingers ". Sec. 503.15 Public Sites and Open Spaces. A. Where a proposed park, playground, school or other public use, as shown in the Comprehensive 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 requirements 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. 503.16 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. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 23 B. THE WIDTH OF AN ALLEY shall not be less than twenty (20) feet, and shall be paved full width. C. ALLEY INTERSECTIONS and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently 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 City. Sec. 503.17 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, a modified formula may 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 co- efficient 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 imperviousness Zoning classifications shall be taken: Commercial 90% Residential & Industrial Areas 40% Parks & Undeveloped Areas 5% Since the co- efficient of run -off is a combination of these factors, together with other factors such as retention, imperviousness, etc., the following co- efficient of run -off may be used in the study. Co- efficient 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 system shall be designed by accepted engineering principles for design floods resulting from rain storms of the maximum intensity predicted for Brevard County for at least the twenty -five (25) year storm of twenty -four (24) hour duration for major water management facilities, and for at least the ten (10) year storm of twenty -four (24) hour duration for all other facilities. The system shall be designed for 20 -year life, low maintenance cost, and ease of maintenance by normal maintenance methods. The City may require such data from the applicant as is determined necessary to prove the adequacy of the design of the water management system. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 24 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 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 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 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 positive 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. B. MATERIALS FOR STORM DRAINAGE SYSTEMS (1) Pipe used in the construction of storm drainage systems shall be reinforced concrete, vitrified clay or bituminous coated corrugated metal pipe and pipe arch, cast iron pipe, or corrugated plastic pipe conforming to the Roadway and Traffic Design Standards, latest edition, as prepared by the Florida Department of Transportation. (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 Department of Transportation Roadway and Traffic Design Standards, latest edition. (3) Minimum size of storm sewers or culverts shall be fifteen (15) inches. Equivalent elliptical pipe sizes may be substituted based on the approval of the City Engineer. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 25 Sec. 503.18 Potable Water Systems. The subdivision shall be provided with an adequate potable water system designed by a registered professional engineer, approved by the City Engineer and as appropriate, the City of Cocoa Utilities Department and FDER (or its successor departments /agencies). 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 phases of the subdivision. Sec. 503.19 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 professional engineer, approved by the City Engineer and as appropriate, the FDER (or its successor departments /agencies). Sec. 503.20 Streets, Roads and Alleys. Streets, roads and alleys as shown on the Final Plat will require curbs and gutters, and driveway turnouts shall be constructed, all in conformity with the 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 used 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 City may require marginal access streets, reverse frontage with screen planting that will reach six (6) feet in height in twelve months contained in a nonaccess reservation along the real property line, twenty (20) feet of additional lot depth 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. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 26 E. Where a subdivision borders on or contains a railroad right -of -way or limited access highway right -of -way, the City may require a street approximately parallel to and on each side of such right -of -way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential 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. 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 one hundred twenty -five (125) feet, avoided. H. A tangent at least one hundred (100) shall be introduced between reverse arterial and collector streets. less than shall be feet long curves on 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 Arterial Collector Minor for row houses & apts Minor for other residences Marginal access Right -of -Way in Feet 100° 60' 60' 60' 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 regulations, and where the City finds it will be practicable to require the dedication of the other half when the adjoining 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. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 27 N. Dead -end streets and cul -de -sacs, 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 eight (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. New Streets, which are extensions of existing streets, shall bear the name of the existing street. Street names shall be subject to the approval of the City. 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 not be less than 0.6% and the storm 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 Engineer and the Board. Sec. 503.21 Streets, Roads and Alleys - Technical Specifications and Construction Methods. A. All streets, roads, applicant installs shall Specifications for Road and edition, as prepared by Transportation. Sec. 503.22 Bridges. highways and alleys which the conform to the Standard Bridge Construction, latest the Florida Department of 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. Bridge design and construction shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. No road or bridge between "fingers" shall be constructed which will preclude access to the channel of the Banana River, as established by the USCOE. Sec. 503.23 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 services 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 City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 28 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 conformance to existing canals or waterways impracticable. C. No canals shall be constructed prior to the applicant providing written verification of compliance with, or waiver from, any and all requirements of FDER, FDNR (or its successor departments /agencies) and where applicable, USCOE. Written verification shall consist of either the appropriate construction permit or correspondence waiving all permitting requirements. Sec. 503.24 Bulkheads or Retainer Walls. A. Retainer 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. B. If retainer walls or bulkheads are constructed, the applicant shall provide written verification of compliance with, or waiver from, any and all requirements of FDER, FDNR (or its successor departments /agencies) and where applicable, USCOE. Written verification shall consist of either the appropriate construction permit or correspondence waiving all permitting requirements. Sec. 503.25 Street Name Signs. Street name signs shall be installed at the intersection of all streets, carrying the street names approved on the subdivision plat. Naming of streets shall be in the following manner. Direction Long Short (less than 1,000 feet in length) East & West Avenues Places North & South Streets Courts Diagonal Roads Ways Curving Drives Lanes or Circles In no case shall a name for a proposed road duplicate an existing road name, regardless of whether the road is further described as an avenue, boulevard, driveway, place, way, lane, circle, or court. The applicant must secure the approval of the Brevard County Address Assignment /E -911 System for the names of all proposed roads and streets. Location and design of street name signs shall be subject to the approval of the City Council. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 29 Sec. 503.26 Variance, Appeals, Arbitration, Severability Clause, Penalty, When Effective. A. VARIANCE (1) HARDSHIP: Where the Board finds that hardship may result from strict compliance with these regulations, it may recommend that the regulations be varied 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 purpose of the Comprehensive Plan or these regulations. (2) APPLICATION: Any person, firm or corporation owning an interest in any real property may apply to the Board of Adjustment for a variance from these regulations. Said application shall first be submitted to Board for study and written recommendation, and shall be accompanied by a fee established from time to time by the City Council. Said application shall be submitted at least fourteen (14) days prior to the Board meeting at which it is to be considered. The Board of Adjustment shall consider the recommendation of the Planning and Zoning Board as part of the official record when hearing an application for a variance. Said application shall be in such form as approved by the Board and shall contain the following minimum information: (a) The name of the owner of the particular real property. (b) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be attached. The legal description of the particular real property, accompanied by a certified survey of that portion of the map maintained by the Tax Assessor reflecting the boundaries of the particular real property. (d) The current zoning classification, special use classification, with any specified conditions, or conditional use designation as recorded on the official zoning maps. The variance from the provisions of this regulation requested plus the basis for said request. (c) Names and addresses of all property owners owning property within two hundred (200) feet of the particular property, accompanied by a certified survey or that portion of the map maintained by the Tax Assessor reflecting the boundaries of the parcels affected. (3) PUBLIC HEARING; NOTICE: Upon receipt of said executed application and recommendation from the Board, the Board of Adjustment shall forthwith schedule a hearing on said application. Notice of the time and place of said public hearing shall be City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 30 given to the applicant at least fifteen (15) days prior to said public hearing. Notice of the time and place of said public hearing on said application shall be published once at least fifteen (15) days prior to said public hearing in a newspaper of general circulation within Brevard County. Said notice shall contain the name of the applicant, the legal description of the affected property, the existing zoning classification, special use classification or conditional use designation and requested variance from the provisions of this regulation. In addition, a notice containing the aforementioned information shall be posted in the City of Cape Canaveral City Hall by City Officials, and a notice containing the aforementioned information, excluding the legal description but including total affected acreage, shall be posted by the applicant for the variance on the affected property at least fifteen (15) days prior to said public hearing. If the property abuts a public road right -of -way, the notice shall be posted in such a manner as to be visible from that road right -of -way. An affidavit signed by the owner or applicant evidencing posting of the affected real property must be received by the City prior to the time that such matter is heard by the Board of Adjustment. Failure to provide such affidavit prior to the hearing shall result in tabling the application for one (1) meeting at cost to the applicant or denial of the request. It shall be unlawful for any person or persons to remove the notice containing the aforementioned information from the affected property or from the City of Cape Canaveral City Hall. Any person found guilty of violating this section shall be subject to legal action. (4) PREREQUISITES TO GRANTING OF VARIANCE: A variance may be granted when it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will result in hardship; provided specifically, however, that economic or personal medical reasons shall not be considered as grounds for establishing hardship sufficient to qualify an applicant for a variance. In order to authorize any variance from the terms of these regulations, the Board of Adjustment shall find all of the following factors to exist: (a) That special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification; and (b) That the special conditions and circumstances do not result from the actions of the applicant; and (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this ordinance to other lands or structures in the identical zoning classification; and City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 31 (d) That literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this ordinance and will constitute unnecessary and undue hardship on the applicant; and (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and (f) That the granting of the variance will be in harmony with the general intent and purpose of this ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In no case shall the Board recommend the granting of a variance which will result in a change of land use that would not be permitted in the applicable zoning classification. (5) In recommending the granting of any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this regulation and any ordinance enacted by the City. The Board of Adjustment may also, as a condition of approval, recommend compliance with any site plan or other specification submitted by the applicant when it has relied upon such site plan or specifications in granting the variance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. Variances granted from a specific requirement of this regulation shall be in full force only as long as that specific requirement is in effect. Furthermore, the Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. B. APPEALS AND ARBITRATIONS: Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, may, within thirty (3 0) days after the date of the public hearing at which the decision was rendered, but not thereafter, apply to a court of competent jurisdiction for appropriate relief. The Board of Adjustment shall not rehear a variance once decided unless an error in substantive or procedural law is found following the decision, or unless the Board of Adjustment makes a finding based on a presentation by the applicant that new evidence, not discoverable by the applicant prior to the initial hearing, is found. A different or more effective presentation or clarification of the same evidence or matters considered at the initial hearing shall not be grounds for a rehearing before the Board of Adjustment. Sec. 503.26. Remedies. In addition to any other remedy the City may have at law or in equity, the City may seek temporary and permanent injunctive relief to prevent or redress any violation of this Chapter. City of Cape Canaveral, Florida Ordinance No. 22 -93 Page 32 SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA THIS 6th DAY OF July , 1993. alamone, MAYOR Attest: ith G Miller, CI,. CLERK Kevin P. Markey ® CITY ATTORNEY CC: 7 -7 -93 James Morgan, Building Official Municipal Code Corporation Michael Gluskin, Public Works Director John Vogt, P.E., Dyer, Riddle, Mills & Precourt Ffr t F- ding 6/15/93 6/23/93 riv €a"i e 6/23/93 Sex I4 d ReAcInF 7/6/93 NO rggr POKIER Absent Absent