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HomeMy WebLinkAbout1975-3INDIAN RIVER COUNTY ORDINANCE 78-3 AN ORDINANCE TO BE ENTITLED: "AN ORDINANCE RELATING 1 TO SUBDIVISIONS, PROVIDING FOR DEFINITIONS, PROVID- ING FOR REQUIREMENTS FOR APPLICATION, PROVIDING FOR DESIGN STANDARDS, PROVIDING FOR LOTS, CANALS AND WATERWAYS, PROVIDING FOR PUBLIC SITES AND OPEN SPACES, PROVIDING FOR AN AGREEMENT TO MAINTAIN, PROVIDING FOR EXCEPTIONS, VARIANCES AND APPEALS, PROVIDING FOR EN- FORCEMENT AND PENALTIES AND PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE." BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; FLORIDA, THAT: SECTION 1. PURPOSE OF SUBDIVISION nRDINANCE 1. To establish uniform standards for the desion of subdivision and the preparation of subdivision plats. i 2. To bring tooether in coordinated and convenient form, all `r official requirements pertaining to the processing of plats. • 2. To facilitate coordination of subdivision plats with the zoning, highway and public improvement plans of the County. 4. To assure consistency and equitable treatment for Engineers, Surveyors and Subdividers in the review of their plats. S. This ordinance shall conform to and supplement Chapter 177 .Laws of Florida. SECTION 2. DEFINITIONS 1.. Inclusions: As used in this ordinance words in the sinnular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated asso- ciation and a partnership, as well as an individual. The word ®building" includes structure and shall be construed as if followed by the phrase "or part thereof The word "street" includes avenue, boulevard, parkway, court, highe:av, land, roadway and expressway. The word "watercourse" includes chan- nel, creek, ditch, drain, dry run,*sprinn, stream and canal, but does not include a lake, pond or pool without outlet. The word "may" is permissive; the word "shall" is mandatory and not merely directory. 2. DEFINITION OF TERMS ALLEY: A public right-of-way, not over 30 feet in width, providing a secondary means of access and service to abutting property. BOARD: Shall mean the Board of County Commissioners, Indian River County, Florida. 'COUNTY: Is Indian River County, Florida. CUL-DE-SAC: A minor street intersection another street at one end and terminated at the other end by a vehicular turnaround. ...,_ _� DEER: .... ....._ - -• .�., . � .'� • .. , _ 9..�. • w � A person, or his agent, who undertakes the activities covered by these regulations, particularly the Preparation of a sub- division plat showina the layout of the land and the public improvements involved therein. inasmuch a•s the subdivision. plat is merely a•necessary means to the, end ofassurino a i Satisfactory development the term "developer* s intended to include the term "subdivider," even though the persons involved in successive stages of the Project may vary. EASEMENT: A right-of-way granted for limited use of 6rivate property. LOT: A tract or parcel of land identified as a single unit in a subdivision, and intended for transfer or ownership, use or improvement. LOT DEPTH: The mean horizontal distance between the front and rear lines of a lot. LOT' WIDTH: The horizoatal distance between the t4de-lines of a lot at the setback line, or at the front lot line where no front setback is required. (NOTE: See figure 5, Appendix for example) HALF OR PARTIAL STREET: A street, generally parallel .and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of thetypeinvolved. P.R.M::. Means a permanent reference monument, which consists of a metal rod a minimum of twenty-four. inches lona or a one and one half inch minimum diameter metal pine a minimum of twenty inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock a minimum of six inches in diameter, and extendino a minimum of eighteen inches below the top of the monument, or a concrete monument four inclies by four inches, a minimum of twenty-four inches lonn, with the point of reference_ marked thereon. A metal cap marker, with the point of reference marked thereon, shall bear the registra- tion number of the surveyor certifyinq the plat -of record, and the letters "P.R.M." shall be placed in the top of the monument. P.C.P.: Shall mean Permanent Control Points, each of which shall con- sist of a Nail in a Disc (Disc -stamped with Surveyor's Regis- tration number perferred), iron Pipe, brass -marker or iron • pin. IMPROVEMENTS, PUBLIC: Any of the followinq: street Pavement, with or without curbs and gutters; sidewalks, alley navement; walkway pavement; water system mains.; sanitary sewers system; storm drains system; street name signs; street trees; Permanent Reference Monuments (PRM); Permanent Control Points (PCP); Bicycle Paths. 'MASTER PLAN: A comprehensive plan prepared by the County Commissioners which indicates the veneral locations recommended for the ,"various functional classes of Public works, places and struc- tures and for the neneral Physical development of Indian River County. Florida and includes any unit or part of such plan Separately o.do'Nted and any amendment to such plan or parts .._.....' .. "O,AL HAP»_'....._.__. A snap established by the County Commissioners showing the streets, hichways and parks therefore laid out, adopted and established by law and any amendments thereto adopted by the -County Commissioners or additions thereto resul.tinn from the. ,hpproval of subdivision plats by the County Commissioners and the subsequent filing of such approved plats. •MOBILE HOME SUBDIVISION: iShall mean a subdivision wherein lots are platted, for sale or; - for lease for a period in excess of one year, for occupancy by a house trailer or..mobile home for one family per lot. MULTIPLE DWELLING: A buildino which provides separate living quarters for three or more families. PLAT, FINAL: A complete and exact subdivision plan,.nrovosed for official reeordinq as renuired by statute, to identify and define oroperty rights and dedication. PLAT, PRELIMINARY: A tentative subdivision plan, in lesser detail than a final plat showina approximately Proposed street and lot layout as a basis for consideration prior to design plans, construction • or improvements andlor preparation of a final plat. PRIVATE STREET: A privately owned access to abuttino Property owners, Platted but not dedicated to the General public, with a minimum luidth of fifty (50) feet of easement., built to County specifications, not accepted by, or imnroved or maintained by the County, until at such time as the County may elect to accent suth road as a public street. RIGHT-OF-WAY: Land reserved, used or to be used for a street, alley, walk- way, drainage facility or other Public purpose. STREET: Arpbblic right-of-way or throughfare, 50' feet or more in width which normally affords principal means of access to abutting property. "ARTERIAL STREET": • A fast or heavy traffic street of considerable continuity and j used primarily as a traffic artery for inter -communication among large areas, widths shall conform to the official map. BPRI14ARY STREET": A heavy traffic road connecting arterial streets or major artery through the County, width shall conform to the offi- •cial map, "SECONDARY -STREET": A street, which in addition to giving access to abuttina property, carries traffic from residential streets to primary or arterial streets, and it includes the orincipal entrance • street of a residential development and streets for circula- tion within such development, minimum width of 60' right -of - V. way. as .... ....., •. .. ».. .. "RESIDENTIAL STREET": ' A street which is less than a secondary street- and is a street used primarily for access to abutting property. minimum width of 50' right-of-way.. "MARGINAL ACCESS STREET": A minor street which is- parallel and adjacent to arterial streets and which provides access to abuttinq properties and protection from through traffic, minimum width of 40' right - if -way. OVIDTM, STREET": The shortest distance between -the lines delineatina'the right- of-way of a street. SUBDIVIDER: See developer. SUBDIVISION: 'Subdivision" means the platting of real property into three (3) or irore lots, parcels, tracts, tiers, blocks, sites.- units or any other division of land and includes establishment of new streets and alleys, additions and resubdivision and, when appropriate to the context. relates to the process of sub- dividing or to the lands or area subdivided, filed for record with the Clerk of Circuit Court of Indian River County. SUBDIVISION REVIEW COMMITTEE: A group of representatives of each of the various Indian River County Departments havinn a direct interest in subdivisions, including Road, Bridges u Zonino Department, Planning Department and such other Departments as may be determined by the County Administrator, as well .as Indian River County Health Department and the Department of Pollution Control Representative for Indian River County, meetino at regular ititervals.t.o review and recommend approval or disapproval of preliminary plats as to compliance with this ordinance. The County Administrator shall be the Subdivision Review Committee Chairman, Ex Officio, the Subdivision_ Review Committee hereinafter shall be referred to as SRC. SECTION 3. REQUIREMENTS FOR APPLICATION No person shall subdivide any tract of land which is located within the unincorporated area of the County extent in conformity.with the provisions of this Ordinance and the Standard Specifications attached hereto as Appendix A. Standard Specifications shall be adopted and amended from time to time, if necessary, by Resolution of the Board of County Commissioners. No plat of any subdivision shall have any validity until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be considered invalid. No owner, real estate broker, salesman or agent of the owner of any land located within a subdivision shall transfer. sell, agree to sell or neantiate to sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan. or plat has been finally approved and officially recorded. The description of any lot by metes -and bounds shall not exemnt the transaction from the provision of this ordinance. The buildina official shall not issue any permits -for new b.uildinns on a lot in any subdivision- whidh has not been lawfully approved. The County hereby defines its policy to be that the County will withhold all public imnrovements of whatsoever nature, includinn the maintenance of streets, from all subdivisions•whiah have not been accented in the manner herein provided. No channes, erasures. modifications or revisions shall be made in any final Plat after approval thereof .:unless the said Plat is first resubmitted for approval. There shall bp. no reference to any possible reversion of any property in the .dedication of a plr,t. til �►� .. ,. - . . PE -'-ORE FOR PREPARMON 6 F -7G OF PLATS: A.' Preliminary Plats 1. Submission (a) Preliminary plats for -all proposed subdivision " of lands lying within the County, wholly or . partially outside of municipalities, shall be filed with the SRC for review. , (b) Provided that plats and -any necessary supporting data. are filed not less than 1.4 calendar days in' advance of the SRC meeting, plats shall be con- sidered by the SRC at its next regular meeting subsequent to filing:- ; 2. Processing _ (a) A subdivider seeking apnroval of a subdivision plat shall transmit 5 copies of the preliminary plat to the County Administrator. to the Planning Department, Zoninn Department, Health Department. - Department of Pollution Control. 10 The County Administrator shall examine and have checked the Preliminary plat for general engineering and drainane requirements and check plats for conformity to the existing or proposed zoning of the area of the pre- liminary plat. 2. The Plannino Department shall assion correct street names to the preliminary plat, and shall coordinate the recommendations of the several aaencies above mentioned and report them to the SRC with an analysis of the con- formity of the preliminary Plat with this ordinance and to the Master Plan, 3. The Subdivision Review Committee shall meet, review, correct and make recommendations as to compliance with this ordinance: At such meeting, the develOPer may aonear before the SRC to discuss specific aspects of the plans beinn considered. A copy of all of the Sub- division Review Committee reports shall be given to the developer in order that he may make any necessary chances in the Plans and resubmit two prints of the chanced plans to the County Administrator for checkine in advance'of the Board's neetinn. 3. Consideration by the Board (a) Board Action - No Preliminary Plans shall be considered for action by the Board until they have been reviewed, and recommendations made, by the SRC. The Board will consider the SRC's recommendations and then act -for Preliminary approval, conditional apnroval with conditions noted. postponement, or disapproval.' (b) The Board, in-studyine the preliminary plat, will take into consideration the eeouirements Of the community and the hdst use of the land beinn•subdivided. Particular attention will -be given to width, arrannement and location of • streets, lot sizes and arrannement, as well as requirements for school sites, public buildino . 'Sites, parkways and hinhways. •Adequate street Connections will be reouired to ensure free • 0- p, access to and circula'ion for adjoinino sub- . divisions and lands. ,:� _ 1 te) In -cases where the Proposed subdivision Platfis s a resubdivision of portions of an existing sub- division or a plat in connection with abandonment of a portion of existinn Public streets and pro - petty or on nearby Property which unduly affect + the platting and develnrment of the subject property, the Board shall have the, right to vary the strict application of .this ordinance in appropriate cases in such a manner as to carry • oqt the spirit and purpose of. -this ordinance. (d) At a scheduled meeting the Board shall receive reports on the Prelimtnary plat to determine its conformance to this ordinance: The sub- divider and any other persons directly affected ' by the proposed subdivision shall have the right to be heard by the Board either in-person or by letter. (e) Notification of Action - After Board's action, the County Administrator shall notify the devel- oper'of the Board's action iri writinq and renuest him to pick un his set of plans and check streets which are marked so as to instruct him as to the Board's action and requirements. At least five (5) prints of the approved preliminary plans Shall be required for distribution to concerned public agencies whenever such plans differ from the plans aporoved by the.Board. (f) The Board may approve the preliminary plat as presented or with modifications, if found to be in conformance with this ordinance or may dis- approve the. plat when not found to be in confor- mance or capable of being revised to conform_. Approval of the preliminary plat subject to conditions, revisions and modifications as stipu- lated by the Board, shall constitute tentative Board approval of the subdivision as to the character and intensity of develonment, the general layout, the approximate dimensions of Streets, lots anti -other rroposed features. (g) The following limitations and conditions are placed on the preliminary Plat approvals given by the Board: *(1) The approval of the Board shall have -full force and effect for a period of 18 months from the date of'apnroval. An extension may be granted by the Board. (2) If no final plat. has been filed for the ' area covered by the nreliminary plat before the approval period has elapsed, the annroval " shall be revoked. If final plats are filed for only a portion of the preliminary plat, the approval on the remaining portions shall be revoked unless an extension of time has been granted by the Board. (3) If a final is submitted, on which changes have been made from the preliminary approval, • the Planning Director shall review the plat • to determine the changes and its effect on the area of the plat and the aonlicahle ordinances. If significant changes have - taken place, the, plat must be resubmitted to the SRC. ' 0- D' 1 4. Requirements , (a) The preliminary plat shall be a scale of not more than 100 feet to the inch, nrovided't4at a scale of 200 feet .to the inch may be used for large areas. (b) The preliminary plat shall show or be accompanied by the followinn information:. (1) Proposed subdivision name or identifying title which shall not duplicate or closely approximate the name of any other subdi- vision in the County. (2) Location sketch within section: (3) Northpoint. scale and date. (4) Name of the owner of property or his autho- rized agent. (5) Name of the registered engineer or surveyor responsible for the plat. ` (6) Locations and names of adjacent subdivisions. (7) Subdivision boundaries with angles and dis- tances. Boundaries must be clearly marked .with a heavy line. (8) All existing watercourse. canals and bodies of water. (9) All existing streets and alleys on or adja- cent to the tract, i-ncluding name and right- of-way width. (10) All existing property lines, easements and rights-of-way and the purpose for which the - easements or rights-of-way have been estab= lished, where known to the.surveyor. (11) Location and width of all proposed streets, alleys, rinhts-of-way and easements; Pro- posed lot lines with approximate dimensions; playgrounds, public areas, and parcels of land proposed or reserved for public use. (12) General concept of storm drainage. sanitary sewage•and water distribution within the immediate vicinity. (c) Plan Approval j (1) Prior to the commencement of construction, all plans shall have been apnroved by the County Administrator. S. Final Plats (a) General Requirements The Final Plat, in the form of a linen or dimen- sionally stable Plastic film tracinn•shall he prepared in accordance with Chanter 177 Florida Statutes and all amendmr!nts thereto. The overall size shall be 24" X 36", with'nroper borders, and drawn at a scale no smaller than 1" to 100', „ r f,• ` •. (b) Detail Requirements The Final Plat shall show -the following information: (1) Plat title, with all lettering of the same size and type. (2) Section, Township and Ranje. (3) North arrow. (4) Graphic -scale.. (6)• Description. , ,(6)• Dedication, or owner, owners of if a corpora- tion, two authorized officers signatures and seal. (7) County Commission approval. �. (8). Circuit Court Clerk. (9) Surveyor's certificate and -seal. (10) Mortgage, joiner and consent. (11) The initial point in the description shall be tied to.thernearest qovernment corner or other recorded and well established corner. (12) Location, width and names of all streets, y • alleys, rights-of-way and easements. (13) Adjacent streets and -"plat names with Plat book and pate numbers. (14) Lot and block numbers or designation, • properly numbered. (15) Permanent reference marker and location. (16) Block Corner Radii. (17) Lot dimensions to hundreths, except where , riparian boundaries are -involved which may be plus or minus. (16) Curvelinear lots shall show ttie.radii arc distances, and the central ancile, or radii Chord and chord bearing, or.both. Radial lines will be so desionated. ; (19) Sufficient angles, bearings or dimensions to show direction of all lines, (20) The center line of all streets shall be shown with distances, angles, PC's, PT's arc distance, central angles, tangents, and radii. (21) PCPs will be shown on the plat by an appro- priate designation and will be placed along the Centerline of rights-of-way, preferably at centerline intersection, PC's, PT's and other apnlicable points as may be directed by the County Administrator. 1 NOTE:. PCP's and PRM's are considered improvements and • shall be included in the,*perstrance bond and approved by the County (22) .Seals as applicable. , s (23) Notes and/or legend. (24) Parks and Recreation areas. .;(25) Limits of subdivision shail be clearly defined. (25) Whenever lands are subdivided along the Atlantic Ocean, Indian River -or its' tribu- taries, lot dimensions shall be shown to the ` mean high water, at date of survey, and as defined in the shore and sea boundaries, Coast and Geodetic Survey, Published by the United States Department of Commerce. (C) Submission The Final Plat shall he submitted to the County Administrator for review.. The Final Plat shall be accompanied by such other plans and data as may be required by the County Administrator, including the following where applicable: (1) Certificate of Engineer or Survevor of record that all imnrovements are in accord- ance with the approved plans and snecifica- tions, and that no outstanding indebtedness is due for said improvements. (2) Performance Bond for Improvements. (3) Road and Grade Plans. (4) Certificate of Title. (5) Prints. (d) Checking The County Administrator shall check all final plats to verify conformity with the Preliminary Plat as-avproved by the Board. In case of doubt as to -,conformance with the Board's annroval, the County Administrator shall refer a cony of the Final Plat to the Planning Department for report on conformity with the SRC and Board's action. SECTION 4. DESIGN STANDARDS 1,. STREETS AND ALLEYS (a) Conformity to Official Map, when hereinafter adopted. The location, direction and width of all streets..roads and h;ghways shall conform to the official Map and Master Plan of Indian River County. (b) Relation to Existing Street System The arrangement of streets in new subdivisions shall make provisions for proper extension of existino dedicated Streets in existing subdivision where such extension is appropri-ate. .�, , o --' ;(C) vision for Platting Ad,,, Ino Unplatted Areas The�arran.gement of streets in new subdivisions shall be such as to facilitate, and -coordinate with the desirable future platting of adjoining unplatted property of a • ,similar character, and to provide for local circulation and convenient access'to neighborhood facilities. (dj Protection from Through TFaffic le Residential streets shall be laid'but and •arranned so as to. discourage their use by fhrounh traffic. Residential streets shall not•connect with industrial areas unless unavoidable. �. Where a residential subdivision or residential property abuts an existing or proposed arterial street, the board may require marginal access streets reverse frontage with screen nlantinn contained in a non -access strip along the rear Property line, deen lots with or without rear service alleys, or such other treatment as may be necessary for adequate Protection of resi- dential properties and to minimize conflict of through and local traffic. (e) Plats adjacent tb railroad and arterial right-rif-wav where .4 subdivision borders on or contains a right -oil -way for a railroad, arterial road, drainane canal or waterway, the ' Board may require a street approximately parallel to and an each side of such right-of-way at a distance suitable for the appropriate use of the interveninn land. Such distances shall also be determined with due 'regard for the requirements of approach vrades for future grade separation_. • Where nese or existing crossings are required th•e developer shall be required to pay for same.. {f.) Reserve Strips 4 Reserve strips controlling access to streets shall be pro - except where their control is definitely Placed.in the County under conditions approved by the Board. (g) Private Streets Private streets as a Principal means of access to individ- ually owned lots' will be permitted,. provided the Board finds the same will not be renuired as public streets in 'the overall County Plan. There shall.be no maintenance or improvements of private streets by the Co-unty, however, Such streets shall be constructed in accordance with minimum snecifications for public streets and approved by. the County Administrator. Private streets shall also -be considered utility easements, and the County, by formal Board action, may accept these streets and/or easements or any part thereof, potations to this effect shall be so '`. stated on the face of the final Plat. _ NOTE: (See appendix 1C page 17 for plat dedication, apnroval and notations) (h) Half Streets , New half or partial streets shall not be permitted except where essential to reasonable subdivision of a tract in • conformance with this ordinance or wherq satisfactory assurance for dedication df the remaining part of the street 1s Provided. Whenever a tract to he subdivided borders on an existing half or prrtial street, the other.' part of the street shall be dedicated within such tract.... (i) Resubdivision ' -1f lots resulting from original subdivision are large enough to pernit or to requirr, resubdivision, or if a portion of! the tract is not subdivided, adequate street ,,, ;n�r.1jht-o't-vtay to permit future subdivision shall be pro- vided as necessary. `. (�} !-end Streets ,. Oead-end streets shall be prohibited, exceot'.where avvro- priate as stubs to permit future street extension into f. adjoining unsubdivided tracts, or when designed as -cul- de-sacs. Blocks The length, width and shape of blocks 'shall* be determined with due regard to: (a) Provision of adeouate buildino sites, suitahle to the spegial needs of the type of use contemplated. (b) Zoning reouirements as to lot sizes and -dimensions. (C) Needs for convenient and safe access. circulation ;control of Pedestrian and vehicular traffic. (d.), Limitations and opportunities of topographic features. (e) Block lengths shall not exceed 1320 feet, if any block exceeds 660 feet, then cross drainage shall be Provided within.the block. (f} Mere found necessary easements, not less than TO feet in width, may be required in blocks over 1,000 feet in length to provide safe and convenient access to schools, Playgrounds, shopping centers, transportation or other Community facilities. 3. Lands Platted Along Ocean All lands platted along the Atlantic Ocean shall s -how the - bluff lines as it exists on the day of the plat, and shall be referenced with PRM's s.et at intervals in order that any and aTl setbacks as required -in zoning can be made by the said line; this line heinq in conformance with anpli- Cable State Statutes & County Ordinances and the same shall be referenced. (a) In every instance in which the property heina platted borders on the Indian River or Sebastian River or upon any firmer, bay or channel therefrom, then the eleva- tion of the land as it exists or the elevation of the land'as it shall exist in its finished condition shall be shown on the tentative plat. All elevations shall be from United States Coast and Geodetic Datum, mean. sea level, of the waters opposite the lands proposed to be platted. -Prior to final approval of any Plat, if any part of said lands -borders upon the narrows of the Indian River and is below an elevation of 5 feet, then the land shall be filled to an elevation of 5 feet. On such lands other than those bordering upon the narrows of the Indian River, that is South of the South line of Section 7, Township 33, Range 40, and North of the Porth line of Section 17, Township 31, Range 39, the same shall be filled to a minimum eleva- tion of 4 1/2 feet. If a finger type of development is proposed, then the open river end of each finaer shall be bulkheaded to a minimum elevation of 5 feet. with a sloped or stepped bulkhead as desired from the Open river end inland to a minimu►, elevation of 3 1/2 feet at the inland end. Where the around elevation shall have a 4 to 1 slone upward to an elevation of 5 feet. In such finr.er type development. road rinhts- of -ways shall be of a minimum width of 60 feet and channels or canals senaratinm each finver shall be Of minimum width of 60 feet with bulkhead walls and 100 foot width without bulkhead walls. Areas developed to retain natural venetation, and .�.. residencos or structures designed on approved, raised Jounde.ions may be an exception to the above reouire- • , sients. ��...w. �.-....r •ri r. -.w• ...•.. r...•.......... b.aa .. Y..-•.M..r�4W... .Y..►M.r.MNW-..Yrw1A#�►..Y.rw-....Y...w..�v..w,... t... M All bulkhead wills and revetments shaIr be destgned'by a renistered Enpineo_r..--.and approved by the Cowntx Administrator. . SECTION S. LOTS • 1. • Lot dimensions and areas shall not be less. than -specified' by 1 applicable provisions of the zoning regulations -.in effect. 2. Side lot lines shall be substantially at right angles or radial • to street lines. 7. 1Oouble frontaue and reverse frontage lots for•residentfAl use t shall he avoided, except where essential to .Provide separation oY residential development -from arterial streets 'to overcome specific. handicaps of tonography or orientation. ,•A plantinq screen strip 'of at least 10 feet and across whichthere shall be no richt of Vehicular movement or use, shalt be provided 1 alone the property line of lots abutting such traffict-tay or other disadvantageous situation. •d. Every lot shall abut upon and have permanent access to a public or approved Private street. Residential lots shall have a street frontace of not less than 37 feet. . Lot arrangement and design shall be properly related to the -.-Character of surrounding. development. ' -SECTION 6. CMIALS .0 WATERWAYS -Public -canals and -waterways should be avoided except when approved --and'deemed by the Board to be -unavoidable or necessarv, wherein . literal enforcement of this ordinance would deerive the Developer of reasonable use of his land. -In event of such approval the Countv will not accept the responsibility -of maintenance for canals, shore srotection or waterways: . -SECTION 7. PUBLIC SITES AND OPEN SPACES 1. School Sites When the subdivision covers an area within which the Guard of Public Instruction reouires a school site, it is recommended ' that provision be made in subdivision plat for such prorosed -school site property integrated -into the clans of the subdivision: SECTION 8. AGREEMENT W the Presentation of the final plat for approval and recording the subdivider thereby adrees to maintain in good condition at.l., improvements required to be placed upon the land pursuant to this ordinance for a Period of one (1) year from the date the plat is recorded and/or the performance -band is released. To maintain in good condition means that at the end of the Period mentioned, the improvements shall at the end of said period be in such condition that they meet the reouirements of this ordinance as it existed at the time of final approval of the plat. -SECTION 9. EXCEPTI04S, VARIANCES AND APPEALS . The Board may grant a variance from the terms of this ordinance when such variance will not be contrary to the Public interest and where, owing to soecial conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hard- ship. Such variance shall not be oranted if it has the effect of nullifying the intent and purpose of this ordinance.. Furthermore, -such variance shall not be aranted by the Board unless and until: 1. A written application for a variance is submitted demonstrating that special conditions and circumstances exist which are oeculiar to the land, structures. or required subdivision im- provements involved and which are not anrlicable to other lands, •. structures or required subdivision improvements. I ff 2. A literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other Properties with similar conditions: 3. -That the special conditions and circumstances do -not result Ifrom the actions of the'aunlicant. 4. That the grantine of the variance requested will not confer on the applicant any special nrivilege that is. denied by this Ordinance to otber lands, structures or required subdivision 6•improverents under similar, conditions. No_pre-existing condi- tions on neighborinn lands which are contrary to the renulations established in this ordinance shall be considered '+rounds for the issuance of a variance. S. That Board shall make findings. that-tire.requirements of this section have been met. 6. The Board shall further make a 'finding that the 'reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that would make. Possible the•reasonable use of the. land, building or other improvements. 7. The Board shall make a further findirra.that the granting of the variance would be in•harmony with the general Purpose and intent of 'this ordinance and will not be injurious to the surroundins territory, or otherwise detrimental to the public welfare. In granting any variance the Board may prescribe appropriate - conditions and safeguard in conformity with this ordinance. 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 and -Chapter 177, Florida Statutes. SECTION 10.. ENF0P.CEMENT AND PENALTIES The Board or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to insure compliance with the provisions of this ordinance including injunctive relief to enjoin and restrain any person violatinn the provisions of this ordinance and any rules and regulations adopted under this ordinance and the court shall, upon proof of the viol-ation of the ordinance have the duty to forthwith issue such temporary and permanent injunctions as are necessary.to prevent the violation of the .ordinance. Any person violating the provisions of this ordinance or who shall fail to abide by and obey all regulations and orders adonted herein shall be guilty of a misdemeanor. Each day that the violation shall continue shall constitute a separate violation. SECTION 11. LEGAL STATUS 1. Saving Clause If any section, part of a section, naraoraph, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remainina portions of this ordinance without such unconstitutional, invalid, or inoperative oart therein, and the remainder of this ordinance after the exclusion of such part or parts, shall be deemed to be held valid as if such nart or parts had not been included therein. or if this ordinance or anv of the provisions thereof, shall be held inapplicable to any person, groups of oersons, property, kind of property, circumstances, or set of circum- stances. such holding shall not affect the apolicability hereof to any other person. property or ci.acumstances. Z. Effective Date This ordinance shall take effect upon its adoption by the Board. Subdivision for which preliminary or final plans have been approved prior to the effective date may be developed and completed according to the pre-existing requirements for subdivisions. However, preliminary or final subdivision plans which are approved Prior to the effective date shall not be substantially amended or changed after the effective date ex- cept to conform with this ordinance This Ordinance shall become effective'oh the 24t$ day of March, 1995.