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HomeMy WebLinkAbout1983-24s SUBDIVISION AND PLATTING ORDINANCE OF INDIAN RIVER COUNTY INDIAN RIVER COUNTY ORDINANCE NO. 83-24 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REGULATING THE PLATTING AND SUBDIVISION OF LAND IN THE UNINCORPORATED PORTIONS OF INDIAN RIVER COUNTY; REQUIRING PLATS TO BE FILED IN CERTAIN CASES; PROVIDING FOR; TITLE; ENACTMENT AND AUTHORITY; APPLICABILITY; PURPOSE AND INTENT; DEFINITION OF TERMS; UNLAWFUL ACTIVITY, EXEMPTIONS; PROCEDURE AND REQUIREMENTS FOR SUBMITTING AND PROCESSING SUBDIVISION APPLICATIONS; SECURITY FOR CONSTRUCTION AND MAINTENANCE OF REQUIRED IMPROVEMENTS; IMPROVEMENTS REQUIRED IN ALL AND SOME SUBDIVISIONS; DESIGN STANDARDS; VARIANCES; PENALTY; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; TABLE OF CONTENTS TITLE PAGE Section 1 Title 2 Section 2 Enactment and Authority 2 - 3 Section 3 Applicability 3 Section 4 Purpose and Intent 3 - 4 Section 5 Definition of Terms 4 - 11 Section 6 A. Unlawful Activity 11 - 12 B. Exemptions 12 - 13 C. Affidavit of Exemption 13 - 14 D. Clerk to Transmit Copies of Deeds 15 Section 7 Procedure and Requirements for Submitting and Processing Subdivision Applications 15 - 44 A. Procedure 15 B. Validity of Subdivision not Meeting the Requirements of this Ordinance 15 - 16 C. Pre -Application Conference 16 - 18 D. Preliminary Plat Application and Review 18 - 25 E. Land Development Permit 25 - 32 F. Final Plat 32 - 44 Section 8 Security for Construction and Maintenance of Required Improvements 44 - 46 A. Construction Security 44 - 45 B. Maintenance Security 45 C. Failure to Perform 45 D. Release or Reduction of Security 46 E. Security for Municipalities 46 Section 9 Required Improvements -1- 46 - 47 Section 10 Design Standards 47 - 61 A. Introduction 47 - 48 B. Preservation of Features 48 C. Streets 48 - 53 D. Bikeways 53 - 54 E. Sidewalks 54 - 55 F. Blocks 55 - 56 G. Lots 56 - 57 H. Utilities 57 - 58 I. Alleys 58 - 59 J. Walls and Fences 59 K. Waterways 59 L. Erosion Control 59 - 60 M. Bridges 60 N. Storm and Floodwater Systems 60 0. Signs 60 P. Planned Developments 60 Q. Fire Hydrants 60 - 61 R. Access to Water 61 S. Canals and Waterways 62 T. Bulkheads 62 Section 11 Variances 62 - 63 section 12 Penalty 64 Section 13 Repeal of Conflicting Provisions 64 Section 14 Addendum and Standards 64 Section 15 Incorporation in Code 64 Section 16 Severability 64 - 65 Section 17 Effective Date 65 SECTION 1 TITLE This ordinance, the terms and provisions contained herein, shall be known as the "Subdivision and Platting Ordinance" of Indian River County, Florida. SECTION 2 ENACTMENT AND AUTHORITY By virtue of the home rule powers vested in counties pursuant to Article 8 Section 1 (f) of the State of Florida Constitution, Florida Statutes §125.01 (1), (g), (h), (i), (w), Florida Statutes §336.02 et seq., Florida Statutes 5177.011 et. seq. and Florida Statutes 9163.3161 et. seq., Indian River County hereby exercises its authority to implement the Land Use Element of the Indian River County Comprehensive Plan by the adoption of this ordinance regulating the subdivision and platting of land and -2- providing requirements in addition to those already existing by virtue of Florida Statutes 5177.011 et. seq. SECTION 3 APPLICABILITY The requirements set forth in this ordinance shall be applicable to all portions of the unincorporated area of Indian River County. SECTION 4 PURPOSE AND INTENT The public health, safety, and general welfare of the citizens of Indian River County require the harmonious and orderly development of land within the unincorporated area of the County. it is the intent of this ordinance to require within each new subdivision; a) conformity with minimum standards of subdivision design, established by this ordinance, which will result in the development of safe, stable communities, and the prevention of unhealthy living environments; b) the installation of necessary improvements to avoid such improvements being a burden upon the taxpayers of the community; c) the efficient, adequate supply of utilities and services; d) the establishment of safe, adequate and convenient patterns for the circulation of vehicular and pedestrian traffic; e) adequate provisions for protective flood control and drainage; f) the control of pollution and erosion, safeguarding the natural resources of the County; g) adequate open space, light, solar rights, air, privacy, and recreational area, and to prevent overcrowding of the land and undue congestion of the population; h) safety from fire, flood, natural disasters and other dangers; i) the reasonable, fair, and uniform application of standards of design and procedures for the subdivision and -3- platting of land; to ensure proper legal descriptions and monumenting of subdivided land; and j) the preservation of the natural beauty and topog- raphy of the County; and k) provisions for safe and sanitary sewage disposal, adequate potable water supplies and the protection of the ground- water system. SECTION 5 DEFINITION OF TERMS Except where specific definitions are used, the follow- ing terms, phrases, words and their derivations have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "used for" shall mean "designed for". The words "shall" and "will" are mandatory and the word "may" is permissive. 1) ABUTTING PROPERTY. Any property that is immediately adjoining or contiguous to property that is subject to review under this ordinance. 2) ADJACENT PROPERTY. Any property that is near but not necessarily sharing a common point of intersection with property under review. It may be separated from the property under review by streets, alleys or other public improvements. 3) ADJOINING PROPERTY. Any property that shares a common point of intersection with the property under considera- tion. 4) ALLEY. Any right-of-way primarily designed to serve as a secondary access to the property abutting the alley. 5) APPLICANT. The owner of land subject to review under this ordinance or his authorized representative. 6) BIKEPATH. A bikeway that is physically separated from other travelways and is intended for the exclusive use of bicycles. 7) BIKEWAY. Any road, path or other means which is specifically designed for bicycle travel whether shared with other means of travel or exclusively for bike use. -4- 8) BLOCK. A tract of land or group of lots bounded by streets or other well-defined and fixed boundaries. 9) BOARD. The Board of County Commissioners of Indian River County. 10) BUILDING PERMIT. The document issued by the Building Department authorizing the applicant to initiate con- struction activity in accordance with the most recently adopted Building Code. 11) BUILDING SETBACK LINE. A line located a prescribed distance inside the boundary line of a lot or parcel of land, the purpose of which is to establish a yard onto which no structure may encroach under the Zoning Regulations. 12) CERTIFICATE OF COMPLETION. That certificate issued by the Community Development Division after final inspection of a subdivision acknowledging that improvements have been completed in conformity with the requirements of this ordinance and the approved land development plans and specifications. 13) CERTIFICATE OF OWNERSHIP. An opinion of title pre- pared by an attorney-at-law licensed in Florida or a certification by an abstractor or a title company showing that apparent record title to the land described and shown on.the plat is in the name of the person, persons, or business entity executing the dedica- tion, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has apparent record title to the land. The title opinion or certification shall also show all mortgages or other encumbrances not satisfied or released of record and shall be in the form set forth in the appendix to this ordinance. 14) CLERK. The Clerk of the Board of County Commissioners of Indian River County, Florida or the Clerk of the Circuit Court of Indian River County, Florida. 15) CONSTRUCTION. The application of machinery, building equipment, or techniques to a parcel of land including grubbing or clearing. 16) CONSTRUCTION PLANS AND SPECIFICATIONS. The engi- neering drawings, plans, specifications, tests and data necessary -5- to show the construction of the proposed improvements in a subdi- vision. 17) COUNTY. The unincorporated area of Indian River County, Florida. 18) COUNTY ENGINEER. The individual employed by Indian River County as County Engineer or his duly authorized representa- tive. 19) COUNTY LAND USE PLAN. An element of the Comprehensive Plan of Indian River County. 20) COUNTY STANDARDS. The minimum specifications, design standards and construction details as compiled by the Office of the County Engineer and adopted by resolution of the Board of County Commissioners as the "Indian River County Engineering Standards". 21) CUL-DE-SAC. A minor street intersecting another street at one end and terminating at the other end by a vehicular turnaround. 22) DEVELOPER. Includes subdivider, owner, builder, any individual, partnership, corporation or other legal entity or agent thereof, which undertakes any activity covered by this ordi- nance. 23) DEVELOPMENT REGULATIONS. All technical codes adopted by Indian River County including this ordinance and all ordinances adopted in implementation of the Comprehensive Plan. 24) D.O.T. The Florida Department of Transportation. 25) DWELLING. A structure intended to be occupied primarily for residential purposes. 26) DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. 27) EASEMENT. An interest in land allowing specified uses and subject to all reservations of the servitude. 28) ENGINEER. A person registered and currently licensed to practice civil engineering in the State of Florida. 29) FLOOD PLAIN, ONE HUNDRED YEAR. A land area which M-1: I would be inundated by a tidal flood or stormwater runoff after a one hundred year flood, i.e. the flood that has a one percent probability of being equalled or exceeded in any given year as delineated on the official County flood hazard maps. 30) FRONTAGE. The length of the front property line of a lot or tract of land abutting a street. 31) GRADE. The inclination with respect to the horizon- tal of any land such being generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance. 32) IMPROVEMENTS. Any construction or change in land including the installation of PRM's and PCP's. 33) INUNDATION. Temporarily or periodically, but not normally flooded or covered by water. 34) LAND CONDOMINIUM. The result of the application of the condominium laws of the State of Florida, the ownership of which grants the owner the exclusive right to use and enjoy a particular area of land to the exclusion of all others including but not limited to townhouses, zero lot line development, etc., excluding, parking areas, boat docks and other similar use areas. 35) LAND DEVELOPMENT PERMIT. The permit to begin construction of improvements according to the land development plans and specifications approved under the Code of Laws and Ordinances of Indian River County, issued under Section 7 (E) of this ordinance. 36) LAND SURVEYOR. An individual who surveys land and is duly registered and licensed in the State of Florida under Florida Statutes §472 et seq. as a land surveyor. 37) LIMITED ACCESS. Access only at authorized and con- trolled points or for restricted uses or at restricted times. 38) LOT. The least fractional part of subdivided lands having limited fixed boundaries that have been clearly designated upon a plat or development plan. 39) LOT DEPTH. The mean horizontal distance between the front and rear lines of a lot. 40) LOT WIDTH. The horizontal distance between the side lines of two lots measured at the front building setback line or the front lot line when no setback is required. 41) P.C.P. As defined in Chapter 177 Florida Statutes mm means permanent control point, which shall be a secondary horizon- tal control monument and shall be a metal marker with the point of reference marked thereon or a 4 -inch by 4 -inch concrete monument a minimum of 24 inches long with the point of reference marked thereon. Each "P.C.P." shall bear the registration number of the surveyor filing the plat of record. 42) P.R.M. As defined in Chapter 177 Florida Statutes means a permanent reference monument, which consists of a metal rod a minimum of 24 inches long or a 1 -1/2 -inch minimum diameter metal pipe a minimum of 20 inches long, either of which shall be encased in a solid block of concrete or set in natural bedrock, a minimum of 6 inches in diameter, and extending a minimum of 18 inches below the top of the monument, or a concrete monument 4 by 4 inches, a minimum of 24 inches long, with the point of reference marked thereon. A metal cap marker, with the point of reference marked thereon, shall bear the registration number of the surveyor certifying the plat of record, and the letters "PRM" shall be placed in the top of the monument. 43) PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of Indian River County. 44) PLAT, FINAL. A finished map being a complete, exact representation of a subdivision accurately showing all legal requirements of applicable Florida Statutes and the requirements of this ordinance, which may include "replat," "amended plat," or "revised plat." 45) PLAT, PRELIMINARY. .A _t tative plan of a proposed subdivision in sufficient detail to gauge compatibility with the Comprehensive Plan, Zoning Ordinance and other development regula- tions of Indian River County. 46) PLAT OF RECORD. A plat which conforms to the requirements of the laws of the State of Florida and ordinances of Indian River County at the time of approval by the County Commission which is recorded in the Official Records of Indian River County by the Clerk pursuant to law. 47) PRIVATE STREET. A privately owned access to abut- ting property, which serves more than one property, is not -8- dedicated to the general public and is maintained by a Property Owner's Association or other entity. 48) REVIEW REPORT. An analysis of the effect the project will have on various aspects of the community infrastruc- ture. The extent of the report shall vary with the type, extent and intensity of development. ` 49) RIGHT-OF-WAY. Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, utility installations, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. 50) ROADWAY. The portion of the street right-of-way which contains the street pavement, curb and gutter, and is used primarily for vehicular movement. 51) STORMWATER MANAGEMENT PLAN. An engineering plan and written report outlining the drainage and stormwater treatment facilities required for the proper development of the tract under consideration pursuant to the Stormwater Management and Flood Protection Ordinance, No. 82-28 as amended. 52) STREET. A right-of-way which provides vehicular traffic access between certain points and which may also provide space for the location of utilities. Streets are classified by function as follows: (a) Arterial: Those routes intended to carry heavy volumes of traffic for major distances within or through the County, as delineated on the Indian River County Thoroughfare Plan. (b). Primary Collector: Those routes intended to carry heavy volumes of traffic for short distances within the County, as delineated on the Indian River County Thoroughfare Plan. (c) Secondary Collector: A street which carries traffic from minor streets to arterial streets, as indicated on the Indian River County Thoroughfare Plan. (d) Subdivision Feeder Road: A street which serves -9- as the principal entrance street of a residen- tial subdivision or provides for traffic circu- lation within a subdivision. (e) Minor or local streets: A street of limited continuity used primarily for access to abutting property, including cul-de-sac and non -through streets. (f) Marginal access streets: A street that is parallel and adjacent to a major arterial street or highway and which provides access to abutting property. 53) TO SUBDIVIDE. To create a subdivision. 54) SUBDIVISION. The division of land, by any means into three or more lots, tracts, parcels or land condominiums or fee simple townhomes for the purpose of sale or lease, or any division of land creating or changing any public easement or any public or private street; includes additions and re -subdivisions. 55) TRACT. A parcel of land that is being subdivided into smaller segments or, if the context is proper, a designated area or parcel on a plat. 56) THOROUGHFARE PLAN MAP. A component of the transpor- tation element of the Indian River County Comprehensive Plan comprised of the official map of present and future streets as planned by the Board of County Commissioners. 57) TRAFFIC CONTROL DEVICE. Any contrivance used to regulate traffic. 58) UTILITIES. Services provided for members of the public by public or private agencies including, but not limited to, water, gas, electric, sewer, cablevision, telephone. 59) WATERBODY. Any natural or artificial pond, lake, swamp, marsh, reservoir, or other area which ordinarily or inter- mittently contains water and which has a discernible shoreline. 60) WATER COURSE. Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed, bank or -10- other discernible boundary. 61) WATER SYSTEM. The complete related series of elements that supplies water for the proposed use of the land under consideration. 62) WORK. All construction as shown on approved plans and specifications for all facilities and features of any kind which are required as part of the process of subdivision of land. 63) ZONING CODE. The Zoning Ordinance and Atlas of Indian River County as adopted and amended from time to time by the Board of County Commissioners. SECTION 6 A. Unlawful Activity. It shall be unlawful and subject to the penalties provided herein for any person to; 1) Create a subdivision without first complying with the provisions of this ordinance and filing a plat approved by the Board of County Commissioners unless exempt under Section 6 (B), or 6 (C). The dividing of land into two parcels without filing a plat under the provisions of this ordinance, where the land divided was the result of a previous division of land into two parcels which occurred after the date of adoption of this ordi- nance, is prohibited. 2) Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area, width and depth requirements prescribed by the Zoning Regulations and Land Use Plan of Indian River County as applied to the lots created, unless exempt under Section 6 (B). 3) Divide property by any means where the resulting lots have frontage on a dedicated public or private right-of-way (street) less than the minimum lot width of the Zoning District applicable to the lots created, unless exempted under Section 6 (B) or the lot fronts upon a cul-de-sac and meets the requirements of Section 10 (G) (3) (e). 4) Commence the construction of any improvements required under this ordinance or commence land clearing or grub- bing, without first having obtained a land development permit from Indian River County or fail to construct or maintain improvements in accordance with the land development permit, plat approvals or -11- this ordinance. 5) Create a public or private street without complying with the provisions of this ordinance. 6) Divide any lot in a platted subdivision, that was approved by the Board of County Commissioners, in a manner which results in construction sites smaller than or inconsistent with the surrounding lots in the subdivision unless approved by the County Commission after a public hearing. Written notice of the hearing shall be mailed to the owner of each lot in the subdivi- sion at least fifteen (15) days in advance. B. Exemptions. The following activities shall be exempt from the provisions of this ordinance; 1) Exemption for Creation of Equal or Larger Building Sites from Lots of Record. The combination or re -combination of all or a portion of previously platted lots of record where none of the newly created or residual lots contain less area, width or depth than the smallest of the original lots of record being combined and no streets of any kind or public easements are created, changed or extinguished. 2) Boundary Settlements. Any conveyance between adjoining landowners if (a) the purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners and (b) the deed of conveyance or other legal instru- ment states such purpose and is recorded in the Official Records of Indian River County. 3) Exemption for Conveyance to Government. Any divi- sion of land for the purpose of conveying land to any federal, state or local government entity or agency or public utility, pro- vided such conveyance is accepted by the grantee by an instrument recorded in the Public Records of Indian River County. 4) By Order of Court. Any division of land by order of a court of competent jurisdiction. 5) Corrective Instrument. Any conveyance for the pur- pose of correcting an error made in the language used in an origi- nal conveyance. -12- 6) Twenty (20) Acre Tracts. Any division of land where all parcels resulting from the division contain twenty (20) acres of land or more and no public easements or streets are created. When the tract prior to dividing is a size which is not an even multiple of twenty (20) acres, a fractional breakdown resulting in lots of equal size which are larger than 19.5 acres also qualifies for the exemption. C. Affidavit of Exemption (Subdivisions resulting in all lots containing more than 5 acres). 1. All projects meeting the following requirements shall be exempt from Section 9 (required public improvements) and the platting requirements of this ordinance. (a) Each parcel resulting from the proposed divi- sion of land contains more than five (5) acres. When the tract prior to dividing is a size which is not an even multiple of five (5) acres and does not lend itself to division into lots each con- taining more than five (5) acres, a fractional breakdown resulting in lots of equal size larger than 4-7/8 acres also qualifies for this provision. (b) If the developer elects to divide the land by filing a plat, all requirements of this ordinance except Section 9 (required improvements) shall be complied with. (c) The applicant deeds to the County all rights- of-way necessary to comply with the Indian River County Thoroughfare Plan, and all streets created are at least the mini- mum street width required by Section 10 (C) (2). (d) The owner establishes a landowner's association and simultaneously files a Declaration of Covenants and Restrictions, acceptable in form to the County Attorney, in the Public Records providing that all streets, easements and drainage improvements (except that dedicated to the public) are dedicated to the landowner's association and provisions are made for their perpetual maintenance. The Declaration of Restrictions and plat (if applicable) shall contain the following language in bold type: "The streets, easements and drainage improvements are not dedicated to the public and will not be maintained, repaired or -13- improved by the County." (e) The owner files a Declaration of Restrictions prohibiting the voluntary division of land encompassed within the project into lots that are less than 4-7/8 acres in size unless such division is accomplished by filing a plat approved by the County and meets all standards required of subdivisions under this ordinance. (f) The owner files an "Affidavit of Exemption" in the Public Records prior to dividing the land which shall contain: (1) a legal description of the land encompassed within the project and a certified survey depicting all parcels created by the division, all private and public streets and ease- ments, (2) the book and page number of the Official Records of Indian River County where the items required in Paragraphs (c), (d), and (e) may be found, and (3) the approval of the Public works and Community Development Directors and the County Attorney's Office. 2. Application process for affidavit. All applicants for affidavits of exemption shall comply with the application pro- cess of Section 7 if the property is to be divided by the filing of a plat provided the applicant shall not have to submit informa- tion relating to required improvements. The applicant and the Community Development Director shall discuss what information is required at the pre -application conference. If the applicant is not filing a plat to divide the property, he shall schedule a pre -application conference and provide information as required by Section 7 (C). Subsequent to the meeting, the Community Development Director shall in writing request such additional information as necessary to evaluate the affidavit of exemption. After receipt of the requested information, the County shall have twenty (20) days to approve and sign the affidavit or notify the applicant in writing citing the provision of this ordinance that constitutes the reasons why the application has not been approved. -14- D. Clerk to Transmit Copies of Deeds. To aid in the enforcement of this ordinance, the Clerk to the Circuit Court of Indian River County is requested to transfer to the Community Development Division copies of all deeds conveying land in unincorporated Indian River County, that have been filed in the Official Records of the County. The Clerk shall be reimbursed for the actual cost of the copies. PROCEDURE AND REQUIREMENTS FOR SUBMITTING AND PROCESSING SUBDIVISION APPLICATIONS A. Procedure. All plats for new subdivisions must be submitted and processed through the following five (5) proce- dures: (1) Pre -application conference between applicant and the County Community Development Staff. (2) Submission and approval of a preliminary plat. (3) Application for and issuance of a land development permit. (4) Submission and approval of final plat. (5) Issuance of Certificate of Completion. B. Validitv of Subdivision Not Meetina the Reauirements of this Ordinance. No plat of any subdivision shall have any validity until it shall have been approved in the manner pre- scribed by this ordinance. In the event an unapproved plat is recorded, it shall be considered invalid. No person shall trans- fer, sell, agree to sell or negotiate for the sale of 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 according to the terms of this ordinance. The description of any lot by metes and bounds shall not exempt the transaction from the provisions of this ordinance if the trans- action would be subject hereto otherwise. The building official shall not issue any permits for new construction on a lot in any subdivision created after the effective date of this ordinance which has not been approved pursuant to the provisions of this ordinance. -15- The County shall not make any public improvements and shall have no responsibility for the maintenance of streets, drainage facilities or other facilities in subdivisions whose dedications have not been accepted by the County under the terms of this ordinance. No changes, erasures, modifications or revisions shall be made on any final plat after approval thereof unless said plat is first resubmitted under this ordinance. Plats shall not contain any reference to any possible reversion of any interest in real property that has been the subject of public or private dedication on a plat. C. Pre -Application Conference. 1) Purpose. Before making application for preliminary plat approval, the applicant and his professional staff are re- quired to discuss, informally, his preliminary studies and sketches for a subdivision with the Public works Director, Community Development Director, Utilities Director, and other government agency representatives deemed necessary by the Community Development Director. This step is an opportunity for the applicant to avail himself of the advice and assistance of the governmental agencies in order to facilitate the preparation and review of preliminary and final plats or construction drawings. 2) Scheduling. Arrangements for this conference are to be made through the Community Development office at least five (5) working days in advance of the conference date. No application fee is required at this time. 3) Information required for the pre -application confer- ence. The applicant will submit at least four (4) copies of the preliminary sketch plan of the proposed subdivision, to the Community Development Division, at least five (5) working days before the scheduled date of the pre -application conference. The applicant shall supply and discuss with the County the following information, if available; (a) name, address and telephone number of the applicant and a list of all the owners of the property (b) location sketch -16- U (c) existing Zoning and Comprehensive Plan classi- fication of the subject site and adjacent properties (d) the location of all known right-of-ways and easements on the subject site and adjacent properties and the purposes for which they were established, existing pavement markings, road geometries, curb cuts and curb cuts on bordering, collector or arterial roads (e) the existing topography including all water courses, bodies of water and environmentally sensitive lands (f) the existing site conditions including soil conditions, groundwater table, drainage pattern, flood plain data and vegetation of the subject site and immediately adjacent proper- ties; use U. S. Soil Conservation Service data when available (g) existing facilities including water management and utilities (h) a subdivision sketch showing the proposed lots, right-of-ways, easements, water management facilities and utility sources and canals or waterways (if any) (i) a general description of the proposed subdivi- sion including the number of lots, the approxi- mate size, width and depth of lots, approximate building size, type and use and proposed phases of development (j) a description of the project's boundary. 4) Opinion of staff. Written acknowledgement of the pre -application conference and any opinion set forth by staff shall not be construed as approval of the project by the County Commission or any County division or as a waiver of any of the requirements of this ordinance that were not set forth at the con- ference, but shall only be considered an expression of each -17- division's concerns with the general design concepts set forth in the preliminary sketches of the proposed development. D. Preliminary Plat Application and Review. 1) Purpose. Approval of the preliminary plat by the Planning and zoning Commission is a pre -requisite to the applica- tion for the issuance of a land development permit. Developer shall clear a path in a sufficient manner to allow staff to walk the dimensions of the property for the purpose of seeing the general topography. The path shall be no wider than necessary and can be the surveyor's path. Land clearing or the construction of improvements is prohibited prior to the issuance of a land development permit, with the exception of that activity essential for survey or preparation of development plans that is consistent with the Indian River County Tree Protection Ordinance as it exists now or as adopted and amended in the future. 2) Submission of Application. Upon completion of the pre -application conference, the applicant may apply for formal plat review by furnishing to the Community Development Director, ten (10) copies of the preliminary plat of the proposed subdivi- sion and required information. The copies of the plat must be accompanied by a filing fee (See Section 7 D (9)), and an application requesting the County to review the plat under the provisions of these regulations. 3) Size of Drawings. The preliminary plat shall be: (a) prepared by a professional engineer or surveyor registered in the State of Florida (b) on sheet(s) twenty-four (24) inches by thirty- six (36) inches (c) to a scale not smaller than one (1) inch equals one hundred (100) feet; for subdivisions exceeding one hundred (100) acres, the scale may be as small as one (1) inch equals two hundred (200) feet or as approved by the Community Development Director -18- MOM (d) full and complete and be certified by the surveyor in charge as meeting the minimum tech- nical standards set forth by the Florida Board of Land Surveyors, pursuant to Florida Statutes §472.07 and Chapter 21HH-6.01 et seq Florida Administrative Code. 4) Information Required on Preliminary Plat. The preliminary plat shall contain the following: (a) title block; (b) name of the proposed subdivision; (c) county and state; (d) date of preparation of the preliminary plat and of any revisions; (e) name, address and telephone number of the applicant; (f) name and address of all owners; (g) north point and scale,- (h) cale;(h) location sketch; (i) legal description and total acreage being subdivided; (j) existing zoning and Comprehensive Plan classi- fication of the subject site and adjacent property; (k) name, address, signature, seal and registration number of the professional engineer and surveyor responsible for all or part of the plat; (1) location and dimensions of all known existing and proposed right-of-ways and easements and the purposes for which they were established on (1) the subject site (2) the adjacent property (within 100 feet of the site); (m) a drawing of the subdivision showing proposed: f (1) lot lines (with dimensions) j (2) right-of-ways (3) easements (4) lot and block identification -19- (5) canals and waterways (existing and proposed) (6) chord distances (7) environmentally sensitive land. (n) location of permanent reference monuments (o) point of beginning (p) street names, proposed, on site and existing within one hundred (100) feet of the site (q) parks and public recreation areas (existing and proposed) (r) "not included" parcels, if any (s) a legal description of the site boundary (t) a legal description of environmentally sensi- tive land (u) such additional information as may be necessary to assure the subdivision complies with the requirements of this ordinance. 5) Additional Information Required (Preliminary Plat). In addition to the information required to appear on the prelimi- nary plat, the applicant shall supply the County with the follow- ing; A. Survey of the existing site by a registered surveyor with contour lines at one foot intervals showing the following information and superimposed on an aerial photograph showing at least the adjoining two hundred (200) feet. (1) water courses and all free flowing wells, if including; any (2) all water bodies showing the approximate mean high waterline (3) all environmentally sensitive land as defined by the Indian River County Comprehensive Plan (4) all trees identified as required by the Indian River County Tree Protection Ordinance (5) coastal construction control line B. A description of existing site conditions -20- (1) soil conditions and analysis (2) the groundwater table (3) drainage pattern on site and within two hundred (200) feet of the site boundary (4) vegetation (5) flood plain data on site and within two hundred (200) feet of the subject site. C. A sketch showing; (1) any existing water management or utility facilities (2) proposed Stormwater Management Plan and control facilities and general grading plan (3) utility sources, distribution and collection lines, if available, including but not limited to water, sewer, electricity, cable television and telephone (4) the proposed locations of street lights, side- walks and bike paths, if any (5) the proposed finished grade elevations of all lots. D. A general description of the subdivision including; (1) number of lots (2) approximate area of the lots (3) approximate building size and type (4) projected use of building(s) (5) proposed phases of the subdivision (6) proposed open space, public and private (7) drafts of proposed deed restrictions, protec- tive covenants, intended dedications, proposed property owner association documents, or a written description of proposed content of such documents if they are not available (8) for projects of more than forty (40) gross acres, a review report considering the effect the project will have on existing -21- (a) streets (traffic impact) (b) utilities (c) schools (d) hospital services (e) recreation (f) prime aquifer recharge areas (g) area wide drainage 6) Reviews (a) Development Review Meeting. The Community Development Division will forward one (1) copy of the proposed preliminary plat to each of the County divisions or other inter- ested agencies within three (3) working days, for their review and written comments or approval. Within ten (10) working days after the receipt of the plat, they shall submit to the Community Development Division written staff approvals or the identification of any discrepancies. The Community Development Division shall within five (5) working days transmit a letter to the applicant and his engineer identifying all of the discrepancies pertaining to the preliminary plat. The applicant shall respond, in writing, to each comment following receipt of the discrepancy letter, and submit five (5) copies of a revised preliminary plat if deemed necessary by the Community Development staff with a written request to be placed on the Planning & Zoning Commission's agenda for approval. If the applicant wishes to discuss any of the review comments made by the County staff, a meeting shall be arranged through the Community Development Division, which may include the applicant, Community Development staff and representa- tives from all other reviewing divisions and agencies with whom the applicant wishes to confer about the review comments. After this meeting, the applicant shall submit five (5) copies of a revised plat to the Community Development Division with a request to be placed on the Planning & Zoning Commission's agenda for approval. (b) Planning and Zoning Commission. Upon comple- tion of the County staff review, the preliminary plat plans and application, along with any recommendations will be forwarded to -22- the Indian River County Planning and Zoning Commission for review and consideration for approval. The decision of the Planning and Zoning Commission shall be final unless the application is appealed to the County Commission. Any approval shall be noted on the preliminary plat in the following form: CERTIFICATE OF APPROVAL BY PLANNING AND ZONING COMMISSION THIS IS TO CERTIFY, That on the Indian River County Planning and Zoning Commission approved this preliminary plat. (Chairperson) 7) County Commission Consideration (appeals). An appeal may be filed by: (i) the applicant (ii) County administration (iii) any aggrieved person or group with an interest that will be affected by the project. An appeal of a decision on a preliminary plat must be filed with the Community Development Division within ten (10) working days of the meeting wherein the decision appealed was rendered. Upon receipt from the applicant of an appeal, the County Administrator will place the preliminary plat application and all recommendations on the agenda of a regularly scheduled meeting of the Board of County Commissioners for consideration within thirty (30) days. The County Commission will conduct a de novo hearing on the application and receive input from all interested parties. The applicant must receive a majority vote of the members present at the meeting to prevail in the appeal. 8) Criteria for Review of Preliminary Plat by County Staff, the Planning and Zoning Commission and the Board of County Commissioners, if Appealed. (a) No preliminary plat shall be approved if it; (1) fails to comply with all ordinances of Indian River County including but not limited to, the Comprehensive Plan, the Zoning Regulations, this ordinance, the Stormwater Management and Flood Protection ordinance and the Indian River -23- County Standard Design Specifications; (2) adversely affects the community or neighborhood in which the project is located; (3) fails to provide adequate street connectors with the existing street network to insure free access and circulation or creates a traffic impact that lowers the level of service on any existing street below level of Service "C"; (See Section 10 A) (4) fails to comply with State law or regulation or rules established by other governmental agencies with jurisdiction over any aspect of the project. (b) Approval. The Planning Commission, or in the case of an appeal, the Board of County Commissioners, may approve the application, disapprove the application if the project fails to meet County requirements, or approve the application subject to specific conditions which relate to Indian River County ordinances and the effect the project will have on the community and are necessary to protect the health, safety or welfare of Indian River County residents or continue the hearing to receive further input on the merits of the proposal. (c) Approval of the preliminary plat shall consti- tute tentative approval as to the character, intensity, general layout and dimensions of streets and other features. The approval by the Planning and Zoning Commission, or if appealed to the County Commission, shall be shown on the face of the preliminary plat by signature of the Chairman of the Commission or Board. All special conditions shall be noted on the face of the plat. 9) Filing Fee. The Board reserves the right to estab- lish, by resolution, a fee in an amount deemed necessary to reimburse Indian River County for the cost incurred in reviewing and approving plats, and requests for extension of approval. 10) Time Limit. The preliminary plat approval shall be valid for a period of eighteen (18) months from the date it is approved by the Planning and Zoning Commission or, if appealed, when approved by the County Commission. If the applicant has not -24- obtained a development permit and initiated construction, been granted an extension of time by the Board on a demonstration of good cause shown or have received final plat approval within eighteen (18) months, the preliminary plat approval shall lapse and be considered void and the applicant must re -apply under the provisions of this ordinance. 11) Extensions. A request for an extension may be sub- mitted to the Community Development Division any time prior to expiration of the preliminary plat. No request for extension of preliminary plat approval will be accepted after the preliminary plat approval has been allowed to lapse. The applicant may, however, re -apply for preliminary plat approval under the then existing provisions of this ordinance and other land development regulations at which time a new filing fee will be required, as well as review and approval by County staff to the extent deemed necessary by the Community Development Director. 12) Transfer of Approval. Notice of transfer of prop- erty and preliminary plat approval must be filed with the Community Development Division prior to transfer in bulk of the proposed subdivision. Prior to transfer, the transferee must assume in writing on a form acceptable to the County Attorney all commitments, responsibilities, and obligations of the prior developer. Failure to give timely notice or to provide the assumption of prior commitments voids the preliminary approval. A summary of this section shall be placed on the face of all approved preliminary plats. 13) Land Development Prior to Approval Prohibited. No construction, land clearing or grubbing, with the exception of test facilities and minor underbrushing, may begin until a Land Development Permit has been issued by Indian River County. E. Land Development Permit 1) Purpose. The Land Development Permit is the instru- ment authorizing the developer to proceed with land improvements as specified in the approved plans and specifications set forth in the application and as shown on the approved preliminary plat. 2) Procedure. After approval of the preliminary plat, an applicant may apply for a land development permit and follow -25- either of the following procedures. No construction may commence until the applicant obtains a land development permit, see Section 7 (D) 1. (a) Construction before Final Plat Approval. The applicant shall submit construction plans and specifications as required in Section 7 E. (3) of this ordinance together with a request for a land development permit. A certificate of ownership shall accompany the request. The improvements required by this ordinance and the preliminary plat approval 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 in Section 7 E. (3) of this ordinance for subdivision improvements and obtain a Land Development Permit. The Land Development Permit shall be submitted with a final plat drawing for approval. Security will be required for the performance and maintenance of all improvements which are to be constructed after final plat approval (See Section 9 A.). 3) Plans and Specifications Required for a Land Development Permit. The applicant shall furnish to the Public Works Director the construction plans and -specifications designed in accordance with the approved preliminary plat and the require- ments of this ordinance for the construction of all improvements. The applicant must have obtained and shall submit all utility per- mits and franchises required by the Indian River County Utility Division and ordinances prior to the issuance of a land develop- ment permit. All construction plans and specifications must be prepared, signed and sealed by a professional engineer who is registered in the State of Florida. Engineering calculations and tests in support of any of the proposed plans and specifications may be required. The drawings and required information shall be so complete that review and analysis can be made from them without research of any outside data. Three (3) copies of the plans shall be submitted on twenty-four (24) inch by thirty-six (36) inch sheets unless another size is approved by the County Public Works Director, and shall contain, but shall not be limited to: (a) a cover sheet, including a location map. -26- (b) complete details including water, sewer, and storm drainage systems. The proposed general location of wells and septic tanks shall be in conformity with the requirements of the Indian River County Health Department and all State and local ordinances (See 10 H (3)l. (c) a master stormwater management and flood pro- tection plan and complete calculations and exhibits as required by Ordinance No. 82-28, as amended from time to time. (d) typical sections and summary of quantities. (e) construction details showing compliance with County standards, or alternate design as approved by the County Public works Director. (f) special profile sheets, if necessary, showing special or unique situations. (g) bench mark location, based on National Geodetic Vertical Data (N.G.V.D.); (h) soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed, when required by the Public Works Director. Soil Conservation Service information may be used when available. where impervious soils or muck are encountered, the plans shall reflect a satisfactory design to cope with such conditions. (i) the plans shall contain the special conditions and specifications pertaining to the subdivision in note form on the plans, such as: (1) required compliance to this ordinance. (2) where applicable, required compliance with State Standards as currently adopted and in use. (3) minimum standards for materials. (4) test requirements for stabilization, base and backfill. (5) source of water and sewer service. (6) required installation of subsurface construc- tion such as water lines, sewer lines, public utilities, traffic control devices and storm drainage prior to compaction of subgrade and -27- road construction. (7) traffic control devices and pavement markings. (j) the plan and profile of each proposed street and improvements to existing streets such as deceleration or turn lanes (indicating the existing ground surfaces and proposed street grade surface including extensions for a distance of fifty (50) feet beyond the tract boundary) with tentative finished grades indicated, and lot grading plan and including easement work, clearing and grubbing, and structural details of facilities in right-of-way. (k) a typical cross-section of each type proposed street or bikeway, showing the width of pavement, the location and width of sidewalks, where required and rights-of-way. (1) proposed erosion control facilities (seeding and sod limits, etc.) and the limits of earthwork construction. (m) plans for street lighting (having the approval of the local power authority); landscaping, parks, recreational areas and parking area. The plans shall have applicable approvals of all governmental agencies having jurisdiction and which are affected by the construction. (n) projects engineered by.more than one firm shall be coordinated by a single engineering firm or an engineer of record appointed by the developer. (o) 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. (p) where the design of the subdivision includes man-made canals or waterways, plans of the proposed construction will be included and shall indicate: (1) all bulkhead lines (2) detailed cross sections showing existing and -28- proposed depths (3) location of hard pan, muck or other unique soil conditions (4) details of bulkhead construction. (q) developer shall submit to County copies of the applications on permits from all other permitting agencies that are applicable to the project. 4) Review. Upon receipt of said plans and specifica- tions, the Department of Public Works shall forward one set each of the plans and specifications to the Indian River County Utilities and Community Development Divisions. If a subdivision is to be furnished water by a public or private utility company, the applicant shall provide the Public Works Director with written confirmation that the municipal utilities department or the County Utilities Division has approved the plans and specifications for the water system in the subdivision. Within ten (10) working days after receipt of such plans and specifications, the Utilities and Community Development Divisions shall submit their recommendations to the Public Works Director. The Public Works Director and the Utilities Director and the Community Development Director shall review plans and specifications for conformity with the design of the preliminary plat, construction specification requirements of this ordinance and any other applicable laws or regulations. The applicant will be advised of the departmental comments by the Public Works Division within fifteen (15) working days from date of submittal. Upon receipt of documents revised in accordance with comments, the permit shall be issued. 5) Approval of Plans and Spec-ifications. After the review of the Utilities, the Community Development and the Public Works Divisions, the Public Works Director shall, within ten (10) working days, approve, disapprove, or approve subject to specified conditions, the construction plans and specifications and issue a land development permit upon payment of such fees as the Board of County Commissioners may establish by resolution from time to time. 6) Inspections. The Public Works Director, County WTZ Engineer, Community Development Director, County Administrator, and County Utilities Director, or their representatives, shall have the right to inspect the project for the purpose of ensuring that all improvements are being constructed in conformity with the provisions of this ordinance, the approved preliminary plat, and land development permit. The Public Works Director shall have the right at any time, on or before the issuance of a land development permit, to require the submission to him of the required data, tests and reports specified in this ordinance. 7) Notification. The respective County divisions shall be notified, in writing, with copies to the Community Development Division, of the commencement and completion of the following items of construction so that an immediate inspection can be per- formed to assure construction in conformity with said approved construction plans and specifications and the requirements of this ordinance. If the County indicates that an inspector is not available, and to wait would otherwise delay the project, then this requirement may be met by submission of a certificate from the engineer of record that all construction was completed in accordance with the Land Development Permit. (a) waterlines and sanitary sewer lines prior to backfilling (Utilities Division). - (b) stabilized subgrade (Public Works Division). (c) curb and concrete work (Public Works Division). (d) roadway base (Public Works Division). (e) surface course (Public Works Division Y. (f) permanent reference monuments and permanent control points (Public Works Division). (g) storm sewer (Public Works Division) The failure to notify the respective divisions of the commencement and completion of the construction of such items shall be good cause to refuse to issue a certificate of comple- tion until such further investigation is conducted to verify compliance with the land development permit. All water and sewer improvements must be inspected by the Indian River County Utilities Director or his representative or the appropriate -30- municipal or private utility representative prior to backfilling. 8) Final Inspection - Certificate of Completion. Upon completion of construction of the improvements, the applicant shall provide the Public Works Director with the following: (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 compli- ance from material suppliers. (c) two (2) sets of as -built construction plans. (d) a document from a registered engineer with his seal affixed certifying that the improvements have been con- structed in conformity with the Land Development Permit and the provisions of this ordinance. (e) a document from the County Utilities Division approving all utility installations. If a municipality or other utility is serving the development with water or sewer, there must be a document indicating acceptance of the construction of the water system by the utility. (f) release of liens, and affidavit that all liens are released on all improvements required by this ordinance. Upon receipt of the above items, the Public Works Division and the Community Development Division shall review said data and make a final inspection of the constructed improvements and shall notify the applicant of any items of noncompliance with the approved construction plans and specifications. A certification of completion shall be issued by the Community Development Director when all improvements are completed in conformity with the approved design. This certificate shall release the construction surety. 9) Term of Permit. A land development permit issued under this section shall be void if construction does not commence within one hundred eighty (180) days and shall expire eighteen (18) months from the date of its issuance, regardless of whether or not the work is complete, unless the Board of County Commissioners grants an extension of time, in response to the -31- applicant's written request for such an extension. F. Final Plat 1) Purpose. The approved final plat is the official record of the subdivision to be filed with the County Clerk. It is verification that the subdivided land has been developed sub- stantially in accordance with the approved preliminary plat (or that a bond has been posted which will secure the development as specified in the final plat). The final plat must be approved by the Board of County Commissioners and recorded by the Clerk of the Circuit Court before the developer may sell any lot or parcel. 2) Development Phases. The applicant may schedule proposed development phases within any proposed subdivision. The scheduled development phases shall have been specified on the approved preliminary plat and shall be of such a size and design and be scheduled so that all portions completed at any time can exist independently as a subdivision in complete conformity with the requirements of this ordinance. Any change in the schedule of phases must receive prior approval by the Planning and Zoning Commission. If phased, the applicant shall have the option of requesting either final plat approval or the issuance of a certificate of completion on one or more of the development phases in conformity with all the procedures and requirements of this ordinance. The applicant may not apply for final plat approval on any portion of the approved preliminary plat which he does not propose to record and develop within the following twelve (12) months. Failure to make application for final plat approval of a development phase or for the issuance of a certificate of comple- tion for a development phase on an approved preliminary plat within a period of eighteen (18) months from the date of approval of the preliminary plat shall result in automatic revocation of said preliminary plat unless the applicant applies for an exten- sion from the Board prior to the lapse. The request for extension must be made in writing to the Board and the applicant must demon- strate good cause for the extension. only one extension may be granted and shall not be for a period exceeding eighteen (18) months. -32- Community Development Division at least thirty (30) days prior to the regularly scheduled meeting of the Board of County Commissioners during which the final plat is to be considered. The plat shall be accompanied by: (a) a letter from the owner or owner's agent requesting the Board to consider Final Plat approval for the project (b) the appropriate filing fee and application (c) a certified cost estimate shall be prepared by the developer's engineer and shall include the cost of surveying, engineering and construction of all required improvements in substantially the following form: CERTIFICATE OF COST ESTIMATE I, I a Florida registered engineer, License No. do hereby certify to Indian River County that a cost estimate has been pre- pared under my responsible direction for those improvements item- ized in this exhibit and that the total cost estimated for said improvements is $ This estimate has been pre- pared, in part, to induce approval by the County of a final plat for the Subdivision, and for the purpose of establishing proper surety amounts associated there- with. (Signature) (Name, Florida Registered Engineer License No. (AFFIX SEAL) or the actual contract price(s) may be substituted for the engi- neer's cost estimate. (d) appropriate security for required improvements as specified in Section 8 of this ordinance unless a certificate of completion has been issued by the Community Development Division. (e) five (5) copies of the Final Plat drawing show- ing required information and certifications (f) security for maintenance meeting the require- ments of Section 8 of this ordinance if a certificate of comple- tion has been issued. (g) a copy of the property owners' association documents which accept the responsibility for maintenance of all private streets, right-of-ways, easements, recreation area, -33- stormwater management facilities or other improvements. (h) a copy of final protective covenants and deed restrictions. 4) Size of Drawings. The final plat shall be: (a) prepared by a land surveyor registered and licensed in the State of Florida (b) on sheets twenty-four (24) inches by thirty- six (36) inches, with a one-half (1/2) inch margin on three sides and a three (3) inch margin on the left side for binding (c) to a scale.not smaller than one (1) inch repre- sents one hundred (100) feet. For subdivisions exceeding one hundred (100) acres the scale may be as small as one (1) inch represents two hundred (200) feet or as approved by the Community Development Director. (d) clearly drawn or printed with permanent black drawing ink (e) on linen tracing cloth or stable base film a minimum of 0.003 inches thick coated upon completion with plastic material or a non -adhered scaled print on a stable base film made by photographic processes to assure permanency. (f) acceptable under the minimum standards Florida Statutes §472.027 and Florida Administrative Code Chapter 21 HH -6.03 as amended from time to time. 5) Information Required. The final plat shall contain: (a) a title block (b) the name of the proposed subdivision which shall not duplicate nor closely approximate the name of any other existing subdivision in the County. If the plat is an addition to an existing subdivision, it shall bear the same name as the exist- ing subdivision. All plats for Planned Unit Developments shall contain "PUD" within the title. (c) the name of the county and state. (d) the legal description (e) the date of preparation of the final plat and of any revisions (f) a prominent "North Point" on each sheet showing -34- I ,_ 7 any portion of the subdivided lands also the reference bearing or azimuth in the notes or legend (g) the scale, stated and graphically illustrated on each sheet (h) an index sheet on page one showing the entire subdivision and indexing the area shown on succeeding sheets. Each sheet must show the particular number of the sheet and the total number of sheets as well as clearly labeled match lines. (i) the point of beginning shown together with the letters P.O.B. in bold letters (j) the initial point in the description shall be accurately tied to the nearest corner 1/4 section or government lot corner (k) a location sketch showing the existing zoning of the subject site and of the adjacent property (1) all adjacent property identified by the sub- division name, plat book and page number, if not platted, so state (m) boundary lines of the subdivided tract shown as a heavy line (n) County and City limit lines within or abutting the tract (o) permanent reference monuments and permanent control point locations as prescribed in Chapter 177, Florida Statutes and installed prior to submission of final plat (p) survey data including all pertinent dimensions (q) lot and block identification. Each lot and each block shall be identified. (r) street names (s) the location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat shall be accurately tied to the boundary of the plat by bear- ings and distances (t) not included parcels to be marked "Not part of this plat" (u) the intended use of all reserved areas shown on -35- the plat (v) all easements including limited access easements (w) the statement that no construction, trees or shrubs will be placed in easements without County approval (x) a three (3) inch by five (5) inch space in the upper right-hand corner of each sheet to be used by the Clerk of the Circuit Court for recording information (y) no strip or parcel of land shall be reserved by the owner unless it is of sufficient size to be of some particular use or service or is environmentally sensitive, (See Section 6 (A) (2). 6) Covenants, Restrictions, Reservations. All covenants, restrictions, or reservations placed by the developer or required by this ordinance shall appear on the final plat or be established by separate recorded document, which documents shall be submitted to the County with the final plat. If done by separate document, the public record location of such documents shall be indicated beneath the subdivision name as follows: "Covenants, restrictions, or reservations affecting the ownership or use of the property shown in this plat are filed in Official Record Book No. Page " 7) Certifications. The final plat shall contain on the face or first page the following certifications, dedications and approvals, all executed and acknowledged as required by law, in the forms set forth below. (a) Dedications. The purpose of all reserved areas shown or referred to on the plat and of the improvements shall be defined in the dedication. All areas reserved for use by the residents of the subdivision and all areas or facilities intended for public use, shall be specifically dedicated by the owner of the land at the time the plat is recorded. All streets, right-of- ways, easements, recreation facilities, stormwater management tracts and their related facilities designed to serve more than one property owner shall be dedicated to the public use, or to a property owners' association for private use. Where private -36- dedications are involved, ownership and maintenance association documents shall be submitted with the final plat. The dedication shall clearly dedicate the private facilities to the association without recourse to the County or any other public agency. All dedicated areas shall be identified as tracts unless all such areas are dedicated to one entity and clearly identifiable. All dedications shall be in the following form or as approved by the County Attorney: CERTIFICATE OF DEDICATION (Corporate) KNOW ALL MEN BY THESE PRESENTS, that (exact corporate name , a (state) corporation, fee simple owner of the land described and platted herein, being in Indian River County, Florida, have caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows: (Individual) KNOW ALL MEN BY THESE PRESENTS, that , fee simple owner of the land described and platted herein, being in Indian River County, has caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows: (SELECT AS APPROPRIATE): 1. Streets and right-of-ways (For public streets) All streets and right-of-ways shown on this plat (name specifically if less than all) are hereby dedicated in perpetuity to Indian River County, Florida for the use and benefit of the public for proper purposes. (For private streets) All streets and right-of-ways shown on this plat (name specifically if less than all) are hereby declared to be and shall remain private. They are dedicated for the use and benefit of the owners and residents of this subdivi- sion, and shall be the perpetual maintenance obligation of the (state exact legal name of maintenance entity) All public authorities, including but not limited to police, fire and ambulance, shall have the right to use the streets in the course of performing their respective duties. The Board of County Commissioners of Indian River County, Florida shall have no responsibility, duty or liability whatsoever regarding such streets. 2. Utility Easements The utility easements as shown are dedicated in perpetuity for the construction and maintenance of utilities by any utility provider in compliance with such ordinances and regulations as may be adopted from time to time by the Board of County Commissioners of Indian River County, Florida. 3. Drainage and Stormwater Management Easements -37- The drainage easements and stormwater management tracts or easements as shown are dedicated in perpetuity for construction and maintenance of drainage facilities and shall be the perpetual maintenance obligation of the (sive exact name of maintenance entitv) 4. Park and Recreation Areas The park and recreation areas as shown are dedicated in perpetuity for the (exclusive use and enjoyment of the owners of lots in this subdivision) (use and enjoyment of the public) and shall be the perpetual maintenance obligation of (give exact name of maintenance entity, if private) (Indian River County, Florida.) 5. Limited Access Easements The limited access easements as shown are dedicated in perpetuity to the Board of County Commissioners of Indian River County, Florida for the purposes of control and jurisdiction over access rights. (ADD APPROPRIATE CONCLUSION): (Corporate) IN WITNESS WHEREOF, the above named corporation has caused these presents to be signed by its and attested by its and its corporate seal to be affixed hereto by and with the authority of its Board of Directors this day of , 19 (FULL CORPORATE NAME), a corporation of the State of By: (signature of president) Type Name and Title of Officer Attest:(signature of attesting corporate officer) Type Name and Title of Officer (AFFIX CORPORATE SEAL) (Individual) IN WITNESS WHEREOF, (I) (we), (name(s)) , have hereunto set (my) (our) hand(s) and seal(s) this day of , 19 WITNESSES: (signature) ( Typed name) (ADD ACKNOWLEDGEMENT OF THOSE EXECUTING THE DEDICATION) (b) Joinder and consent to Dedication by mortgagee or other party in interest. MORTGAGEE'S CONSENT STATE OF COUNTY OF The undersigned hereby certifies that it is the holder of (a) mortgage(s), lien(s), or other encumbrance(s) -38- upon the property described hereon and does hereby join in and consent to the dedication of the land described in said dedication by the owner thereof and agrees that its mortgage(s), lien(s), or other encumbrance(s) which (is) (are) recorded in Official Record Book at page (s) of the public records of Indian River County, Florida, shall be subordinated to the dedication shown hereon. (CORPORATE) IN WITNESS WHEREOF, the said corporation has caused these presents to be signed by its and attested to by its and its corporate seal to be affixed hereon by and with the authority of its Board of Directors this day of , 19 (Corporate Name) , a corporation of the State of By (signature of president) (Typed name) ATTEST: (signature of other corporate officer) (Typed name and title of officer) (AFFIX CORPORATE SEAL) (INDIVIDUAL) IN WITNESS WHEREOF, (I) (we), do hereunto set (my) (our) hand(s) and seal(s) this day of , 19 WITNESSES: (signature) (Typed name) (ADD ACKNOWLEDGEMENT OF THOSE EXECUTING MORTGAGEE'S CONSENT) NOTE: In accordance with Florida Statutes §177.081, this joinder may be executed by a separate instrument joining in and ratifying the plat and all dedications and reservations thereon. If this means of joinder is used, such fact must be stated on the plat together with a reference to the location in the public records of such separate instrument. (c) Certificate of Title. A title certification shall appear on the face or first page of each plat and shall state: (1) That the lands as described and shown on the plat are in the name of, and apparent record title is held by, the person, persons, or organizations executing the dedication; and (2) That all taxes have been paid on said property as required by §197.051 Florida Statutes, as amended; and (3) The Official Record Book and page number of all mortgages, liens, or other encumbrances against the land, and the names of all persons holding an interest in such mortgage, lien or -39- vow.,:... , encumbrance. The title certification shall be an opinion of a Florida attorney-at-law, or the certification of an abstract or title insurance company licensed to do business in Florida. The County reserves the right to require that the title certification be brought current at the time of final plat approval. (d) Certificate of Surveyor. The plat shall contain: (1) the signature, registration number and official seal of the land surveyor, certifying the survey data compiled and shown on the plat complies with all of the requirements of Chapter 177, Florida Statutes, as amended, and this ordinance in the following form: CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being a licensed and registered land surveyor, does hereby certify that on he completed the survey of the lands as shown in the foregoing plat; that said plat is a correct presentation of the lands therein described and platted or subdivided; that permanent reference monuments have been placed as shown thereon as required by Chapter 177, Florida Statutes and the Indian River County Subdivision and Platting Ordinance; and that said land is located in Indian River County, Florida. Dated Registration No. (2) a statement that permanent reference monuments, "P.R.M.," have been set in compliance with Chapter 177, Florida Statutes, as amended (3) each P.C.P. will be set under the direction and supervision of the surveyor within one (1) year from the date the plat was recorded. When required improvements have been completed prior to the recording of a plat, the certification shall state that each P.C.P. has been set in compliance with the laws of the State of Florida and ordinances of Indian River County. When plats are recorded and improvements are to be accomplished under surety posted as provided for by this ordinance, the required improve- ments and surety shall include each P.C.P.. -40- In this case the certification will state that each P.C.P. will be set and the surveyor will file an affidavit of record when set in place. (e) Certificate of Approval by the Board of County Commissioners. The plat shail contain the approval and signature block for the Board of County Commissioners and the acknowledge- ment and signature block of the Clerk of the Circuit Court and the County Attorney. In the event the plat contains dedications to the County, this certificate shall also indicate whether the County accepts in whole or in part the dedications made. The following form is acceptable: CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS THIS IS TO CERTIFY, That on the foregoing plat was approved by the Board of County Commissioners of Indian River County, Florida. (Address acceptance of dedications in whole or in part, as appropriate.) Chairman of the Board Attest: Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney (f) Certificate of Approval by County Administrator. The plat shall contain the approval and signature block of the County Administrator in the following form: CERTIFICATE OF APPROVAL BY COUNTY ADMINISTRATOR Examined and Approved (g) Clerk's certification. State of Florida County of Indian River Date I, Clerk of Circuit Court of Indian River County, Florida, do hereby certify that I have examined this plat of subdivision and that it complies with all the requirements of Chapter 177 of the Laws of Florida. This plat filed for record this day of , 19 , and recorded on Page of Plat Book in the office of the Clerk of the Circuit Court of Indian River County, Florida. By: Deputy Clerk Clerk of Circuit Court Indian River County, F1 -41- (h) Instrument Prepared By. The name and address of the natural person who prepared the plat shall be contained on the plat. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name) (address) " (i) All signatures required shall be originals on the final plat and shall be made in permanent dark ink acceptable to the Public Works Director 8) Review of Final Plat Documents. The County staff shall review the final plat and documents as to their compliance with the applicable laws. Within fifteen (15) working days after submittal by the applicant, the Community Development Division will report their findings, recommendations and comments to the developer in writing. Reference shall be made to the specific sections and paragraphs with which the final plat documents do not comply. When the final plat documents meet the provisions of all applicable laws, the Community Development Director shall recommend to the County Administrator that the request for Final Plat approval be placed on the agenda of the Board of County Commissioners. If the recommendation is received at least seven (7) working days prior to the next regularly scheduled meeting, the request shall be placed on the agenda for that meeting. 9) Approval by the Board. Upon presentation of infor- mation presented by County staff, the Board shall determine whether the final plat is in substantial conformity with the pre- liminary plat and meets all the requirements of the laws, rules and regulations of Indian River County and after consideration shall approve, postpone for future consideration, approve subject to specified conditions or disapprove for stated reasons. In rejecting any final plat, the Board shall provide reasons for such action making reference to specific sections in these regulations or applicable County policy established by the Board. The Community Development Division shall send a copy of such reasons to the developer within ten (10) working days follow- ing the Commission meeting. The subdivider may comply with the Board's recommendations and re -submit the Final Plat to the -42- Community Development Division for processing as prescribed above. The Commission shall indicate its approval on the Final Plat by signature of the Chairman. 10) The final plat shall then be accepted by the County Clerk for recording in the Circuit Court of Indian River County. After recording, the developer may sell lots. 11) Acceptance of Public Improvements. Approval of said final plat shall constitute acceptance by the County'of all public areas or improvements dedicated to Indian River County according to the terms set out in the acceptance block. The owner, however, shall be required to maintain the accepted improvements in good condition for a period of one (1) year from the date of Final Plat approval or one (1) year from the date that a Certificate of Completion is issued by the Community Development Director which- ever is later. At the end of the one (1) year period, the improvements shall be in such condition that they meet the requirements of this ordinance as it existed at the time of approval of the final plat. The County accepts no obligation to perform any act of construction or maintenance except when the obligation is voluntarily and expressly assumed by the County. The County shall withhold all public improvements, including the maintenance of streets, from all subdivisions which have not been accepted in the manner herein provided. No changes, erasures, modifications or revisions shall be made in any final plat after approval unless the plat is first resubmitted for approval. There shall be no reference to any possible reversion of any property in the dedication of a plat. The developer shall pay all of the costs of public improvements and certify that they have been paid at the time of dedication or at the time of issuance of a Certificate of Completion. All mortgagees or others having a lien on the land shall join in or ratify the plat and all dedications thereon executed in the same manner in which deeds are required to be executed and shall certify that all dedicated lands are free from such mortgages or other liens. The County will accept no obligation to repair or maintain navigable canals, waterways or bulkheads. Waterways and canals must be dedicated to and accepted -43- by a property owner's association. Bulkheads that abut private or public streets must also be accepted for maintenance and repair by the property owners' association. SECTION 8 SECURITY FOR CONSTRUCTION AND MAINTENANCE OF REQUIRED IMPROVEMENTS A. Construction Security f 1) When construction of required improvements is to be completed following final plat approval, the developer shall, at or prior to final plat approval, execute a contract for construc- tion of the required improvements and post security in an amount equal to one hundred fifteen (115) percent of the estimated total cost of improvements remaining tobeconstructed. 2) The contract shall be on a form provided by the County and shall obligate the developer to complete all required improvements in accordance with the land development permit, the approved plans and specifications, and County development regula- tions and standards, within a period of one year from the date of final plat approval. 3) The estimated total cost of improvements remaining to be constructed shall include survey, engineering and construc- tion costs and shall be approved by the Public Works Director after review of an itemized cost estimate prepared and certified by the developer's engineer, or an actual contract price or portion thereof for the work remaining, if available. 4) The surety posted to guarantee performance of the contract shall expire, if at all, no less than ninety (90) days beyond the last date for performance established by the contract, or any extension thereof. The surety shall run in favor of the Board of County Commissioners, must be in a form acceptable to the County Attorney, and may be either: (a) a Performance Bond underwritten by a surety insurer authorized to transact such business in this state, AN (b) a cash deposit and escrow agreement governing control and use thereof, if approved by the Board -44- r of County Commissioners, or (c) an irrevocable letter of credit, if approved by the Board of County Commissioners. 5) For good cause shown, the Board of County Commissioners may in its discretion grant one or more extensions of time for performance of any contract for required improvements, provided the surety supporting such contract remains valid for the required ninety (90) day period following the newly extended time for performance. B. Maintenance Security 1) At such time as the County determines to accept the dedication of any of the public improvements in a subdivision, the developer shall execute an agreement guaranteeing the required improvements against all defects in workmanship or materials, including failure to construct in accordance with approved plans and specifications, for the period of one year from the date of acceptance. 2) The agreement shall be on a form provided by the County and shall be secured by the posting of surety in an amount equal to twenty-five (25) percent of the total actual cost of the improvements covered. The surety shall be in one of the forms specified above for construction security. Surety other than performance bonds shall expire, if at all, no earlier than ninety (90) days following the end of the guarantee period. Performance bonds shall guarantee performance without any time limitation other than the statute of limitation. C. Failure to Perform In the event a developer fails to perform the obliga- tions for construction or maintenance required under the above referenced agreements, the Board may call upon the surety pro- vided, or any portion thereof, to be used for completion of the necessary remaining work. If the surety is exhausted prior to completion of the work necessary to complete the required improve- ments, the developer shall remain liable to the County for any resulting deficiency. The County is not responsible to complete any subdivision with County funds. -45- D. Release or Reduction of Security 1. No construction security shall be released until a Certificate of Completion has been received, reviewed, and approved by the Community Development Director, and security for maintenance has been established as required above. 2. Reduction in the amount of surety required, other than a final draw or reduction, may be authorized by the Board upon the recommendation of the Public Works Director after completion of any distinct and separable phase or portion of the required improvements. The amount of any given reduction shall not exceed eighty (80) percent of the cost of the completed work, as determined by the Public Works Director following review of a cost estimate for said work prepared and certified by the developer's engineer. A reduction in construction security shall not be construed as acceptance of the improvements, unless expressly stated otherwise by the Board at the time of the reduction. Formal acceptance shall occur as provided elsewhere in this ordinance, and only upon establishment of proper maintenance security. E. Security for Municipalities If the applicant is required to construct a public system which will be accepted by a municipality, the applicant shall furnish the municipality such security as the municipality may require, including security for both performance and maintenance of the system. SECTION 9 A. Improvements Required in all Subdivisions Each subdivision shall contain the following improvements designed and constructed to conform to the requirements and specifications in the applicable laws of Indian River County and the State of Florida: 1) streets 2) easements 3) utilities systems 4) drainage 5) erosion control provisions -46- 6) stormwater and flood water management system according to Indian River County Ordinance #82-28 7) street signs 8) permanent control points 9) water management facilities 10) tree protection 11) bridges and culverts when necessary 12) filling and drainage as necessary 13) traffic control devices as necessary 14) other improvements deemed necessary by the Planning and Zoning Commission or the Board to comply with the requirements and intent of this ordinance and to protect the public health, safety or general welfare. B. Improvements Required in some Subdivisions Each subdivision shall contain the following improve- ments designed and constructed to conform to the requirements and specifications in the Code of Laws and Ordinances of Indian River County and the State of Florida if required in the zonirfg district applicable to the subdivision. 1) bikeways 2) sidewalks 3) alleys 4) buffer areas 5) fire hydrants 6) parks and recreational areas 7) beach access areas 8) curbing 9) street lights 10) other improvements deemed necessary by the Planning and Zoning Commission or the Board to comply with the requirements and intent of this ordinance and to protect the public health, safety or general welfare. SECTION 10 DESIGN STANDARDS A. All subdivisions shall be designed in conformity -47- with the requirements of this section. The following Department of Transportation manuals (latest editions) shall serve as reference guidelines only to complement this ordinance and Indian River County Standard Specifications. Department of Transportation Subject Manuals (Latest Editions) Drainage Design Drainage Manual Construction Techniques Standard Specifications for 48' Road and Bridge Construction Road Design Standards Manual of Uniform Minimum Secondary Collector Streets Standards for Design, 36' Construction, and Maintenance 60' for Streets and Highways Traffic Generation 1965 Highway Capacity Manual 20' Transportation Circular 212, Highway Reserve Board B. Preservation of Natural or Historic Features In all subdivisions, the applicant shall take reasonable measures to preserve all natural, archaeological, and historic features which will add attractiveness and value to the remainder of the property being subdivided. Some of these features are large trees, water resources, archaeological and historic areas and structures and similar community assets. C. Streets 1) Applicable Standards. All streets, highways and lighting shall be in compliance with the standards in the "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways," published by the Florida Department of Transportation unless a variance is granted by the Board of County Commissioners. 2) Minimum Street Widths Street Types Right -of -Way Pavement Arterial 120' 48' Primary Collector Streets 100' 48' Secondary Collector Streets 80' 36' Subdivision Feeder Roads 60' 24' Minor or Residential Streets 60' 20' (with swale drainage) Minor or Residential Streets 50' 20' (closed drainage, curb and gutter) -48- The Board may require the increase of right-of-way and pavement widths if it finds that the modification in width is con- sistent with the projected traffic needs and good engineering practice. No variances will be granted on minimum right-of-way widths for public streets. 3) Relation to Existing Streets (a) Adjoining Areas. The pattern of streets in new subdivisions shall provide for the continuation of existing streets from adjoining areas, or for their proper projection where adjoining land is not subdivided. (b) Adjacent Areas. Where street extensions into adjacent undeveloped land are necessary to insure a coordinated street system, provisions for such future street or streets shall be made. (c) Abutting Arterials. Where a subdivision abuts or contains an existing or proposed arterial street, special pro- visions shall be made to minimize vehicular traffic noise to resi- dential sites. The special provisions shall include one or more of the following: (1) marginal access streets (2) Buffer Zones Additional lot depth of twenty-four (24) feet plus a berm and plant screening where lots are to be backed to the arterial. The berm shall be constructed with a slope not greater than 338, and the plant screening must be of a type approved in the landscape ordinance and must be at least twenty-four (24) inches in height when planted and, including the height of the berm, reach six (6) feet in three years. Screening foliage must produce a solid screen and be of the type that will fill in at ground level at maturity. Plantings shall be on -49- _ 1 - no more than four (4) foot centers. Adequate irrigation shall be provided together with maintenance provisions by a homeowner's association. (3) solid masonry wall, at least six (6) feet in height, above the mean average eleva- tion of the sites. (4) the Planning and Zoning Commission may require additional or alternative provi- sions -as warranted by special circum- stances. (d) Half -streets. The creation of half -streets is prohibited except where a previously platted half -street abuts the subject tract in which case the unplatted one-half street shall be created. (e) Intersections. (1) All streets shall be arranged, if possible, to intersect at right angles. (2) Curved streets shall have an essentially straight tangent, at intersections, of at least one hundred (100) feet. (3) Intersections on arterial or collector routes shall have acceleration, deceleration and turning lanes if found to be necessary by the County Public Works Director. (4) Intersections of more than two streets at one point are prohibited. (5) Street jogs with centerline off -sets of less than two hundred and fifty (250) feet shall not be allowed unless approved by the Public Works Director. (6) Local street intersections along collector streets as identified on the County Thoroughfare Plan shall be no closer -50- -51- together than three hundred thirty (330) feet or as approved by the Public Works • Division. (7) The first point of access to a marginal access road from a primary collector or arterial street shall be at least three hundred and thirty (330) feet from the intersecting right-of-way lines of arterials as shown on the Indian River County Thoroughfare Plan with subsequent intervening access points being at least six hundred and sixty (660) feet from the intersecting right-of-way lines, unless otherwise approved by the Public Works Director and the Community Development Director. (8) Median access points on arterial roads shall be allowed only at intersections of other arterial roads or of collector roads. Deceleration lanes may be required. Additional access points may be permitted if deemed necessary by the Public Works Division. (9) On any arterial or primary collector road, the required road right-of-way width may be increased by twelve (12) feet, if deemed necessary by the Public Works Director, within one hundred fifty (150) feet of the intersection with another arterial or primary collector to permit proper intersection design or improvements. (f) Dedication to Public Required. All streets shall be either dedicated to the public or dedicated to and maintained by a private homeowner's association. If a street proposed for dedication to the County in a new subdivision will -51- be a continuation of an existing dedicated and accepted street, the entire street right-of-way for the proposed street shall be dedicated to the public and platted with the subdivision. 4) Dead-end Streets and Cul-de-sacs (a) Dead-end streets or cul-de-sacs with one end permanently closed, shall not exceed five hundred • (500) feet in length unless the lots are more than one acre in size or as approved by the Community Development Director. They shall be measured from the center of the cul-de-sac to the centerline of the intersecting street. - (b) All cul-de-sacs shall'terminate with a circular right-of-way having a minimum outside diameter of one hundred (100) feet and a pavement radius of no less than seventy-five (75) feet in diameter. If closed drainage is constructed, the right-of-way may be reduced to eighty-eight (88) feet. (c) Where a street is to be temporarily dead -ended at a property line and is to be continued when adjoining property is subdivided, a temporary "T" type turn -around shall be pro- vided. 5) Intersection Radii (a) At intersections, rights-of-way shall be joined by arcs tangent to the right-of-way lines and having a radius of at least twenty-five (25) feet. (b) At the end of a cul-de-sac, the right-of-way line on the outside of the turning circle shall be joined to the right-of-way line along the street by arcs having a radius of at least twenty-five (25) feet. 6) (a) Street Side Swales. All swales in street right-of-way shall: (1) comply with standard County specifications; (2) leave at least eight (8) feet of shoulder width on each side of pavement; and (3) be designed to accumulate and carry water pursuant to a stormwater and flood protection plan in a manner that will not flood street pavement. -52- (b) Easements to Access Retention and Detention Basins. When the Flood Protection and Stormwater Management Plan calls for retention or detention areas, easements shall be dedi- cated around the perimeter for ingress and egress for maintenance in accordance with the Indian River County Stormwater and Flood Protection Ordinance No. 82-28. 7) Median Divider Strips. Median divider strips shall only be allowed on subdivision feeder roads, provided the right- of-way is expanded in an amount corresponding to the width of the median. If mountable curbs are to be used, the median shall not contain plantings, ornaments or decorations that create a solid obstacle. 8) Street Names. New streets which are extensions of existing streets shall bear the name of the existing street. All others shall be named with the approval of the Indian River County Planning and Zoning Department in conformance with County policy. In no case shall a name for a proposed street duplicate or closely approximate an existing street name. The Community Development Division shall notify all interested agencies of street name changes or new streets including the postal service, the Sheriff's Department and 911 Emergency System. 9) Traffic Control Devices. The design of traffic con- trol devices shall be in conformance with the Manual on Uniform Traffic Control Devices and shall be provided as required by the Public Works Division. D. Bikeways 1) Locations. Bikeways shall be installed on all arterial and primary collector routes and along all streets desig- nated by the Community Development Division as school access corridors and as specified in the zoning regulation district applicable to the parcel. With the approval of the County Commission, a sufficient amount may be escrowed with the County to complete the required bikeway. 2) Specifications. Wherever possible, bikeways shall: (a) be bikepaths (b) be eight (8) feet wide (minimum) -53- (c) be located on one side of the street (d) be separated from the street pavement by a ten (10) foot wide safety strip (minimum); if protected by curb and gutter, they shall be separated by at least six (6) feet (e) have a curb cut and ramp at least six (6) feet wide at all intersections (f) be constructed in accordance with the "Bicycle Facilities Planning and Design Manual) (1982 Revision) prepared by the Florida Department of Transportation. 3) Alternative Specifications. Where any of the above specifications are impractical or impossible to implement, the applicant, with the approval of the Board, may substitute suitable alternative specifications described in the referenced Design Manual. 4) Identification. Bikeways shall be posted or identified by permanent markings as follows: Area Characteristics Sign Placement, Pavement Marking Criteria Commercial At each intersecting street and thereafter every 500 feet Residential At each street intersection and thereafter every 1000 feet Rural At each street intersection and thereafter every 2000 feet 5) Construction Prior to Final Inspection. Bikeways shall be installed prior to final inspection of the subdivision improvements. The Board shall have the discretion to grant the applicant a two (2) year period after final inspection of subdivi- sion improvements to construct bikeways if the applicant posts construction security in the amount of one hundred fifteen (115) percent of the construction costs. E. Sidewalks 1) Locations. Sidewalks shall be provided on one side of all arterial and collector streets and school access routes, and both sides of minor and marginal access streets located within -54- low a subdivision as set forth in the zoning regulation district applicable to the property. 2) Specifications. All sidewalks shall: (a) be at least four (4) feet wide (b) be located outside of the roadside recovery area unless protective devices are provided (i.e. non -mountable curbs) (c) have a curb cut and ramp for wheelchairs at all intersections as specified in Indian River County Standard Specifications. (d) be constructed in accordance with Indian River County Standard Specifications. The Board may require additional right-of-way and pavement at schools, shopping centers, parks and the like to be provided and dedicated to the County as may be necessary to promote safety, convenience and the general welfare. 3) Construction Prior to Final Inspection. Sidewalks shall be installed prior to final inspection of the subdivision improvements. The Board shall have the discretion to grant the applicant a two (2) year period, after final inspection of subdivision improvements, to construct sidewalks if the applicant posts construction security in the amount of one hundred and fifteen (115) percent of the construction costs. F. Blocks 1) Considerations. In the determination of block size and shape, consideration should be given to: (a) the special needs of the use contemplated (b) the Zoning and Comprehensive Plan requirements (c) the need for convenient access, circulation, control and safety of vehicular and pedestrian traffic 2) Size (a) Length. Not less than five hundred (500) feet nor more than fifteen hundred (1500) feet between adjacent right-of-ways (b) Width. Sufficient to allow two (2) tiers of -55- lots on each block. Single tier blocks may be permitted only where they are used to separate residential development from non-residential uses or from arterials, waterways, parks and the like and proper buffering is installed in accordance with Section 10 (C) (3) (c) (2). G. Lots 1) Size (a) The area and dimensions of all lots will con- form to the requirements of the Indian River County Zoning Ordinance and to the Comprehensive Land Use Plan. (b) Corner lots shall have a width equal to the width required by the Zoning Ordinance for internal lots, plus the difference between the required front yard width and required side yard width. (c) Substandard lots or remnants of land are pro- hibited unless dedicated and accepted as parks, environmentally sensitive areas, buffer zones, or other use specifically approved by the Board. 2) Shape of Lots (a) Side lot lines shall be straight and essen- tially perpendicular to straight street lines and radial to curved street lines, unless the relationship of existing or planned streets combined with the size of the property in question would allow a superior design not utilizing straight lot lines. (b) All lots must be of sufficient area and dimen- sions to permit its use in full conformance with the existing Zoning Regulations and Land Use Plan. (c) Flag lots will be avoided whenever possible. 3) Access to Lots (a) Every lot in a subdivision shall have direct vehicular access to a dedicated local or -56- marginal access street which has been accepted and maintained by Indian River County or by a property owner's association. (b) Access points to all lots shall be: (1) at least thirty (30) feet from the right-of-way line of the nearest inter- secting street. (2) at least one hundred seventy-five (175) feet from the nearest right-of-way line of the intersection of a collector or higher classification street with another collector or higher classification street. (c) Access to any lot in a subdivision from an arterial or primary or secondary collector street is prohibited and limited access easements shall be provided along such streets. Subdivisions will be designed to provide access to lots by use of local streets. (d) Double frontage lots may only be created where they front on and access a local street and the rear of the lot shall be buffered as required in Section 10 (C) (3) (C) (2) of this ordinance and limited access easements shall be provided along such streets. (e) The cord distance of lots that abut a cul-de-sac shall be no less than thirty (30) feet. H. Utilities 1) Easements shall be: (a) located on interior side of the front property line, centered on rear or side lot lines, or as otherwise approved by the Utilities Director; (b) if adjoining the boundary, located completely within the proposed subdivision and have the -57- full width required. 2) Utilities shall be: (a) installed underground except for the usual "on ground" appurtenances used as part of the underground systems, provided the "on ground" appurtenances are so located as not to constitute any type of hazard (b) utilities other than water and sewer are exempt from underground installation requirements in rural areas or where such installation is not practical (c) constructed in the easements or right-of-ways provided for the particular utility (d) Work is to be scheduled so that all underground work is completed or provisions made that no finished construction will be disturbed to install underground services. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. (e) Utility location shall not conflict with the operation or maintenance of the drainage system. 3) Subdivisions without public water or sewer systems. Subdivisions that do not have public water or sewer systems shall have a uniform plan for the location of septic tanks and wells, which shall be established by deed restriction and submitted in accordance with Section 7 F (6). I. Alleys 1) Dimensions (a) Width of right-of-way shall be twenty (20) feet. (b) Width of pavement shall be eighteen (18) feet. (c) Crowns may be either raised or inverted as required by the relationship to the drainage plan with a transverse slope of three-eighths -58- (3/8) inch per one foot. (d) Grades shall be between three -tenths (.3) and five (5) percent unless otherwise approved by the County Engineer. 2) Intersecting alleys and sharp changes in alignment of alleys are prohibited. 3) Dead-end alleys are prohibited. 4) Construction and materials. All construction shall meet the requirements of the manual of the Indian River County Standard Specifications. J. Walls and Fences 1) General. All walls or fences contructed along any perimeter boundary abutting any right-of-way shall; (a) be located on private property (b) extend the entire length of the property line unless a landscaped berm is installed pursuant to Section 10 (C) (3) (C) (2). (c) be of one architectural design (d) not exceed the height specified in the Zoning District Regulations (e) be constructed of essentially maintenance free materials (f) be constructed in accordance with County con- struction codes. 2) At street intersections walls, fences, plants or sight obstructions of any kind over two (2) feet in height, are prohibited within the sight distance as provided by the Department of Transportation Green Book. K. Waterways. All waterways and waterbodies shall be designed and constructed as specified in the Indian River County Stormwater Management and Flood Control Ordinance unless otherwise approved by the Board of County Commissioners. L. Erosion Control. All easements, unpaved right-of- way areas, and dedicated tracts on the plat shall be grassed in accordance with the Standard Specification of Indian River County. Erosion control facilities such as headwalls, retaining walls, -59- etc. shall be installed where necessary. Slopes steeper than three (3) horizontal to one (1) vertical shall be solid sod and pegged. Dedicated County road right-of-way shall be restored with solid sod if disturbed during construction. M. Bridges. All bridges shall: 1) be designed in general accordance with the current standards and practices of the Department of Transportation 2) be designed for Department of Transportation's H -20-S16-44 loading standard 3) be constructed of reinforced concrete. Other low maintenance materials may be used if approved by the Public Works Director and the Board of County Commissioners. 4) include provisions for utility installation 5) have a clear road width, between curbs, of two (2) feet on each side in excess of the pavement width 6) include a continuation of the sidewalk -bikeway plan established for the right-of-way 7) include adequate erosion protection. N. Storm and Floodwater Systems. A stormwater manage- ment system or, if applicable, a floodwater protection-stormwater management system shall be constructed in accordance with the requirements of the Indian River County Stormwater Management and Floodwater Protection Ordinance. O. Signs. All street signs erected on the subdivision site shall conform to the requirements of the Indian River County Sign Ordinance. P. Planned Developments. Planned Developments, if approved by the Board, shall be in conformance with the require- ments of the Indian River County Zoning Regulations and the Land Use Element of the Indian River County Comprehensive Plan. Q. Fire Hydrants. Fire hydrant systems shall be pro- vided in all subdivisions served by a water system. The hydrants and water supply systems shall be located, designed and installed in conformance with the rules of all applicable regulatory -60- w agencies and the fire district in which the property exists and shall be spaced to have a five hundred (500) foot radius of cover- age. R. Access to Water. Every subdivision that fronts upon the Atlantic Ocean, the intracoastal waterway, the Indian River or other natural water body or course for a distance of six hundred (600) lineal feet shall dedicate to the public forever a minimum of one fifteen (15) foot access easement for each one-quarter (1/4) mile or portion thereof to the water for use by the general public and shall construct thereon a walkway from the nearest publicly dedicated street to the water. The County may waive the dedication of the easement in return for the dedication of the fair market value of such easement, to be used for capital improvements to the park system. (1) Where any portion of a proposed subdivision abuts a coastal beach and where the subdivision street pattern is an essentially rectilinear grid system, the fifteen (15) foot beach access points shall be a continuation of the streets in the subdivision and shall extend to the mean high water line. (2) In all cases, the developer may elect, with the approval of the Community Development Director, or the Planning and Zoning Commission may require that all or part of the required access points be combined into one or more beachfront access points or parks of a design approved by the Planning and Zoning Commission. (3) All access points will be paved and land- scaped with adequate irrigation. (4) All access points and beachfront parks will be provided with dune crossover walks approved by the Public Works Division. (5) The developer shall receive a credit against any park and recreation fee imposed by the County against the project for the provision of -61- these access points. 3) Construction Beyond Coastal Construction Control Line Prohibited. No improvements, other than dune crossovers, may be constructed eastward of the coastal construction control line. S. Canals and Waterways Width and Depth: The excavation of navigable canals or waterways from submerged lands in Class II waters, aquatic pre- serves or the boundaries of the Pelican Island National Wildlife Refuge is prohibited. When permitted, canals and waterways shall be the minimum width necessary to accomplish the purpose for which they are constructed. An applicant desiring to construct a canal or waterway must affirmatively show a design that will prevent stagnation and eutrophication of the system, provide sufficient flushing and maintain the ambient water quality. The excavation of any such canal or waterway shall not be for the purpose of obtaining fill. T. Bulkheads Bulkheading is not permitted unless the applicant can affirmatively show to the satisfaction of the Board of County Commissioners that the project will not damage the environment or adjoining properties. The applicant shall follow the variance procedure of Section 11. SECTION 11 VARIANCES A. General. Where the Board finds that undue hardship or unreasonable practical difficulty may result from strict com- pliance with this ordinance, the Board may approve a waiver to the requirements of this ordinance if the waiver does not compromise the public interest. B. Conditions. The Board shall not approve a waiver unless it finds all of the following: (1) The particular physical conditions, shape, or topography of the specific property involved would cause an undue hardship to the applicant if the strict letter of the ordinance is carried out; -62- P (2) The granting of the waiver will not cause injury to adjacent property or any natural resource; (3) The conditions, upon which a request for waiver are based, are unique to the property for which the waiver is sought and are not generally applicable to other property in the adjacent areas and do not result from actions of the applicant; and, (4) The waiver -is consistent with the intent and purpose of the Indian River County Zoning Ordinance, the Indian River County Comprehensive Land Use Plan, and this ordinance. If the Board approves a waiver, it may attach any such conditions to the waiver as will assure that the waiver will not result in non-compliance with the intent and purpose of this ordinance. Violation of any such condition shall be deemed a violation of this ordinance. C. Application for Variance. (1) An applicant seeking a variance from this ordinance shall submit a written request together with such fee as the County Commission shall establish by resolution, to the Community Development Division. The request shall address the conditions stated in Section 11 B (1) - (4) and shall state the reasons and facts supporting the variance. Upon receipt of the request the Commission will be notified and shall schedule a public hearing to consider the request. (2) Courtesy Notice. The public hearing shall be adver- tised fifteen (15) days in advance. All property owners listed on the latest tax roll within three hundred (300) feet of the prop- erty on which a variance is requested shall be notified in writing by the Community Development Division by U. S. Mail. Lack of a property owner's receipt of such notice shall not be grounds to postpone or set aside any variance granted. -63- SECTION 12 PENALTY Violation of any of the provisions of this ordinance shall be punishable by a fine not to exceed FIVE HUNDRED ($500.00) Dollars or by imprisonment in County jail not to exceed sixty (60) days or by both such fine and imprisonment. SECTION 13 REPEAL OF CONFLICTING PROVISIONS ` All previous ordinances, resolutions, or motions of the Board of County Commissioners -of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Indian River County Ordinance No. 75-3 as amended from time to time is hereby repealed in its entirety. All subdivisions submitted to and accepted by Indian River County as of the date of adoption of this ordinance may be reviewed under the provisions of former Ordinance No. 75-3. SECTION 14 ADDENDUM AND STANDARDS - The addenda attached hereto are illustrations of the substantive requirements contained in this ordinance. The Indian River County Standard Specifications shall be adopted and amended from time to time by resolution of the Board of County COMMISSIOner8. SECTION 15 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the county code and the word "ordinance" may be changed tp ��section��, ��arti.iele«, or other appropriate word, ani the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION lb SEVERABILITY If any section, part of a sentence, paragraph, phrase or -64- word of this ordinance is for any reason held to be unconstitu- tional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such uncon- stitutional, invalid or inoperative part. SECTION 17 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 20th day of July , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By 19r%!��z- RICHARD N. BIRD Chairman Acknowledgment by the Department of State of the State of Florida this 4th day of August , 1983. Effective Date: Acknowledgment from the Department of State received on this 9th day of August , 1983, at 2:00 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED,,AS TO FORM -AND, LEGAL S.UFFTCIE*Y.// / By u�(.'W RAND ARY . BENBURG, ty Attorney -65- STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS T,- CE: -M -Y THAT THIS IS A TRL:E F" I COPY OF J HE C .: �:F. P.: IN THIS OFFICE. CLERK BY DATE SIDEWALK 81 CURB TRANSITION C81 G SIDEWALK WIDTH IN FEE" WIDTH MINUS SIDEWALK & CUR TRANSITION 0 SIDEWALK WIDTH IN FEET CURB CUT RAMPS SIDEWALK 81 BIKEPATH WIDTH VARIES FUTURE DEVELOPMENT I w z 3 cr WIDTH VARIES TEMPORARILY DEAD -ENDED I'T" TYPE TURN AROUND BUFFER ZONES f jy9_. I I I I I I I I L WIDTH OF LOT WIDTH, PLUS THE DIFFERENCE BETWEEN THE REQUIRED FRONT YARD & SIDE YARD WIDTH. REAR PROPERTY LINE CORNER LOTS REQUIRED SIDE YAR D nIIIIIIIIIIIIIM r CUL-DE-SACS 88' R/W WITH CLOSED DRAINAGE