Ordinance 1978-007 Subdivision & Development of LandORDINANCE N0. 7-78
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AN ORDINANCE ESTABLISHING PROCEDURES AND STANDARDS
FOR THE SUBDIVISION AND DEVELOPMENT OF LAND AND FOR
THE SURVEYING AND PLATTING THEREOF; DEFINING CER-
TAIN TERMS USED HEREIN; PRESCRIBING STANDARDS OF
IMPROVEMENTS TO BE INSTALLED BY THE DEVELOPER: ES-
TABLISHING PROCEDURES FOR PRELIMINARY AND FINAL
APPROVAL OF PLATS; PROVIDING FOR MODIFICATIONS AND
EXCEPTIONS TO THESE REGULATIONS: PROVIDING FOR THE
METHOD OF ADMINISTRATION AND AMENDMENT: ESTABLISH-
ING PENALTIES FOR VIOLATION: AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA:
ARTICLE I
IN GENERAL
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Section 36-1. Short Title
This ordinance shall be known and may be cited as the Subdivision
Regulations of North Palm Beach, Florida.
Section 36-2. Enactment and Authority
Pursuant to Chapters 163 and 177, florida Statutes, the Village of
North Palm Beach, Palm Beach County, Florida, does hereby ordain and enact
into law these Subdivision Regulations.
Section 36-3. Jurisdiction
These regulations shall govern all subdivision of lands within the
corporate limits of North Palm Beach, Florida, as now or hereafter establish-
ed.
Section 36=4. Purpose and Intent
These subdivision regulations are intended to aid in the cocrdina-
tion of land development in accordance with orderly physical patterns; to
discourage haphazard, premature, uneconomic; or scattered land development;
to encourage development of economically stable and healthful communities;
to insure proper identification, monumentation and recording of real estate
boundaries; to insure to the purchaser of land in the subdivision that ad-
equate and necessary physical improvements of lasting quality will be instal-
led by the developer and insure that citizens and taxpayers will not bear
this cost; to provide for safe and convenient traffic circulation; to pro-
vide an efficient, adequate and economic supply of utilities and services to
new land developments; to prevent periodic or seasonal flooding through pro-
vision of protective flood control measures and drainage facilities; to pro-
vide public open spaces in new land developments through the dedication or
reservation of land for recreational, educational, and other public purposes;
to help conserve and protect physical, economic, and scenic resources; to
promote the public health, safety, comfort, convenience and general welfare;
and to serve as an instrument of comprehensive plan implementation authorized
by Chapter 163, Florida Statutes.
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Section 36-5. Definition of Terms
General Terms
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Except as otherwise provided herein, all words shall have the
customary dictionary meaning. The present tense includes the future tense
and the future tense includes the present tense. The singular number in-
cludes the plural and the plural includes the singular. The word "shall"
is always mandatory.
Section 36-6. Specific Terms
1. AASHTO - American Association of State Highway and Transporta-
tion Officials.
2. Abutting Property - Property that is immediately adjacent or
across a public right-of-way from a property being subdivided.
3. Alley - A right-of-way providing a secondary means of access to
abutting properties having the principal frontage on a street.
4. Block - A group of lots existing within-well-defined and fixed
boundaries, usually being an area surrounded by streets or other physical
barriers.
5. Building - Any structure designed or built for the support, en-
closure, shelter or protection of persons, animals or chattels of any kind.
6. Building Setback Line - A line within a lot or other parcel of
land so designated on the preliminary plat, between which line and the ad-
jacent boundary of the street upon which the lot abuts, the erection of a
building is prohibited as prescribed by the Zoning Ordinance.
7. Clerk - Clerk of the Circuit Court of Palm Beach County, Florida.
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8. Curb or Curb Line - The inside vertical face of a masonry curb,
the center line of a valley gutter, or the edge of the pavement where no curb.
or gutters exist.
9. Developer - A person, partnership or corporation or duly author-
ized agent, who undertakes the subdivision of land under these regulations
10. Developments of Regional Impact - A project requiring approval
by the designated regional planning agency.
11. Dwelling - A building or portion thereof designed or used ex-
clusively for residential occupancy.
12. Easement - An interest in land granted fora specific purpose
or purposes but not conveying title to real property. Use of arty easement is
restricted as indicated on plat.
13. Engineer - A Professional Engineer registered to practice en-
gineering by the State of Florida who is in good standing with the Florida
State Board of Engineer Examiners.
14. Final Plat - A finished drawing of a subdivision showing com-
pletely and accurately all legal and engineering information and certification
necessary for recording.
15. flood - A temporary rise in water level that results in inunda-
tion of areas not ordinarily covered by water.
16. Flood Fre uenc -The statistically determined average of how
often a specific flood eve or discharge may be equalled or exceeded.
17. Flo - The channel of a watercourse and portions of the ad-
joining flood plain w ich are reasonably required to carry and discharge the
regulatory flood.
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18. Floodw Frin e - The area adjoining a watercourse which, al-
though not lying wit in a floodway, has been or may hereafter be covered by
a regulatory flood.
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19. Frontage - The length of the property line of the lot, lots, or
tract of land abutting a public street, road, highway, or other right-of-way.
20. Grade - The inclination, with the horizontal, of a road, unim-
proved land, etc., which is generally expressed by the vertical rise or fall
as a percentage of the horizontal distance.
21. Improvements - Physical changes made to raw land, ahd structures
placed on or under the land surface, in order to make the land more usable.
Typical improvements in these regulations would be grading, street pavements,
curbs, gutters, drainage ditches, storm and sanitary sewers, utility lines of
all types, street name signs, permanent control points "P.C.P.s," permanent
reference monuments "P.R.M.s," etc.
22. Land Surveyor - A land surveyor registered under Chapter 472,
Florida Statutes, who is ih good standing with the Florida State Board of
Engineer Examiners.
23. Lot - A parcel of land contained within property lines of a
specific area, including land within easements and building setback lines of
said area, but excluding any land within street right-of-way. The word "lot"
includes the words "plot, parcel and tract."
a. Corner Lot - a lot abutting upon two or more streets at a
street intersection, or abutting upon two adjoining and
deflected lines of the same street that form an interior
angle of less than one hundred thirty-five degrees (135°).
b. Interior Lot - A lot other than a corner lot having front-
age only on one street.
c. Double Frontage Lot - A lot other than a corner lot having
frontage on two or more streets or two portions of the
same street.
d. Lot Depth - The average horizontal distance between the
front and rear property lines of a lot.
e. Lot Width - The distance, measured along the building set-
back line, between two side property lines of a lot.
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24. Performance Bond or Surety Bond - An agreement by a subdivider
or developer with the Village Council for the amount of the estimated con-
struction cost guaranteeing the completion of physical improvements accord-
ing to plans and specifications within the time prescribed by the agreement.
25. Permanent Control Point "P.C.P." - A secondary horizontal con-
trol monument which shall be a metal marker with the point of reference marked
thereon or a four inch by four inch concrete monument a minimum of twenty-four
inches long with the point of reference marked thereon. "P.C.P.s" shall bear
the registration number of the surveyor filing the plat of record.
26. Permanent Reference Monument "P.R.M." - A one half inch metal
rod a minimum of twenty- our Inc es ong or a one and one-half inch minimum
diameter metal pipe a minimum of twenty inches long, either of which shall be
encased in a minimum six (6) inch diameter solid block of concrete, or a con-
crete monument four inches by four inches, a minimum of twenty-four 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.
27. Person - The word "person" includes "firm, corporation, associa-
tion, organization, trust, estate or partnership."
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28. Plat - A map or drawing on which a subdivision plan is presented
which depicts a complete and exact representation of the proposed subdivision
and other information required by these regulations.
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29. Preliminary Plat - A tentative plat of a proposed subdivision
showing the proposed layout of the tract in sufficient detail to indicate the
suitability of the proposed subdivision of land.
30. Reach - A hydraulic engineering term to describe longitudinal
segments of a stream or river. A reach will generally include the segment of
the flood hazard areas where flood heights are influenced by a man-made or
natural obstruction. In an urban area the segment of a stream or river be-
tween the consecutive bridge crossings would typically constitute a reach.
31. Regulatory flood - The flood which is representative of large
floods known to have occurred in the area and reasonably characteristic of
what can be expected to occur. The regulatory flood generally has a flood
frequency of 100 years as determined by the Federal Insurance Administration
from an analysis of floods at a particular site and other sites in the same
general region.
32. Right-of-Wad - Land dedicated, deeded, used, or to be used, for
a street, alley, walkway, boulevard, drainage facility, access for ingress or
egress, or other purposes by the public, certain designated individuals, or
governing bodies.
33. Sidwalk - That portion of the street right-of-way outside the
roadway, which is improved for the use of pedestrian traffic.
34. Street - Any access way such as a street, road, highway, boule-
vard, alley, parkway, circle, court or cul-de-sac, and also includes all of
the land lying between the right-of-way lines as delineated on a plat showing
such streets, whether improved or unimproved, but shall not include those
access ways such as easements and right-of-way intended solely for limited
utility purposes such as for electric power lines, telephone lines, water
lines, drainage and sanitary sewers and easements of ingress and egress.
a. Arterial Street - A highway used primarily for through
traffic,. carrying heavy volumes of predominantly long-
distance traffic, usually on a continuous route.
b. Collector Street - A street which, in addition to pro-
viding access to abutting properties, carries traffic
between local streets and the system of arterial streets
and highways.
c. Local Street - A street of limited continuity used pri-
marily for access to abutting properties and not for
through traffic.
d. Marginal Access Street - A local or collector street,
parallel and adjacent to an arterial or collector street
providing access to abutting properties and protection
from arterial or collector streets (also called Frontage
Street).
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e. Cul-de-Sac - A local street of relatively short length
with one end open and the other end terminating in a
vehicular turnaround.
35. Subdivider - Any person, firm, partnership, association, co r-
poration, estate, or trust or arty other group or combination acting as a
unit, dividing or proposing to divide land so as to constitute a subdivision
as herein defined, including an agent of a developer.
36. Subdivision - All divisions or re-subdivisions of a tract or
parcel of land into two or more contiguous lots, building sites, or other
divisions including all divisions of land involving the dedication of a new
street or change in existing streets; provided, however, that the following
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shall not be included within this definition nor be subject to the provisions
of these regulations:
a. Any division of land directly from inheritance, either
by testate or intestate, shall be exempted from the pro-
visions of these regulations, provided that such division
is not accomplished through recorded plats.
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b. Any deed of gift, for any parcel of land given without val-
uable consideration to any member of the donors immediate
family shall be exempted from the provisions of these reg-
ulations, provided that such division is not accomplished
through recorded plats.
c. The public acquisition of strips of land for the widening
or opening of streets.
37. To Plat - To provide or subdivide lands into lots, blocks, par-
cels, tracts, sites, or other divisions, however the same may be designated,
and the recording of the plat in the office of the Clerk of the Circuit Court
of Palm Beach County.
38. Use - The specific purposes for which land or a building is
designated, arranged, intended, or for which it is or may be occupied or main-
tained.
39. Utilities - Includes but is not limited to water systems, el-
ectrical power, sanitary sewer systems, gas systems, storm drainage systems,
telephone and television cable systems.
40. Village Council - The legal governing body of the Village of
North Palm Beach.
ARTICLE II
PROCEDURES FOR SUBDIVISION PLAT APPROVAL
Section 36-7. General
Before any land under the jurisdiction of these subdivision regu-
lations is to be subdivided which will require any new street, alley, ease-
ment or public right-of-way to be created or before any building, street,
drainage, or utility construction in said subdivision is begun, plans shall
be submitted to the Planning Commission and approved by the Village Council
according to the procedures established herein.
Section 36-8. qualification of Person Making Survey
Every subdivision of lands made within the provisions of these reg-
ulations shall be made under the responsible direction and supervision of a
land surveyor who shall certify on the plat that the plat is a true and cor-
rect representation of the lands surveyed, that the survey was made under his
responsible direction and supervision, and that the survey data complies with
all requirements of these regulations and Chapter 177, Florida Statutes. The
certification shall bear the signature, registration number and the official
seal of the land surveyor.
Section 36-9. Pre-application Conference
Prior to the preparation of the preliminary plat, the subdivider or
his agent shall informally seek the advice of the Village Council, the De-
partment of Public Services, and other responsible agencies, in order to be-
come familiar with the subdivision requirements and provisions of the Com-
prehensive Plan affecting the territory in which the subdivision is proposed
to be located. The subdivider shall submit ten (10) copies of the adequate
plans and data to clearly show existing conditions of the site and its vicini
and the proposed layout of the subdivision. It is intended that this pro-
radure will assist the subdivider in preparing a plat which will meet the re-
quirements of these regulations. This procedure does not require a formal
application or fee.
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Section 36-10. Preliminary Plat Procedure
Prior to the cutting or grading of any street or the making of any
street improvements or the installation of utilities, the subdivider shall
secure from the Village Council an approval or conditional plat approval for
a preliminary plat and construction plans of the proposed subdivision in ac-
cordance with the following procedure:
1. Application for Preliminary Plat Approval
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In order to formally seek action on the preliminary
plat, the subdivider shall submit an application
form, a minimum of twenty (20) copies of the prelim-
inary plat and the application fee to the Department
of Public Services.
2. Developments of Regional Impact
For all subdivisions that are presumed to be Develop-
ments of Regional Impact as provided in Chapter 380,
Florida Statutes, and Chapter 22F, Florida Administrative
Code, a copy of the preliminary plat and a completed
application for development approval shall be submitted
to the Village Council, the regional planning agency and
the state land planning agency. A development order
shall be issued prior to the review and approval of con-
struction plans as provided in Section 36-12 of these
regulations.
Fees
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A fee of one hundred fifty dollars ($150.00) shall be
paid to the Village by the subdivider at the time of
filing the application to defray the cost of filing
said application, notifying interested parties and hold-
ing a hearing on the preliminary plat.
In addition, a fee of two hundred dollars ($200.00) per
lot layout plat she8t shall.'.be paild to defray the cost of en-
gineering review.
4. Review Comments
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The Department of Public Services shall forthwith trans-
mit one (1) copy of the preliminary plat to the Village
Engineer, copies to the Village Council and additional
copies to appropriate agencies. Each of these agencies
shall review the preliminary plat and submit any written
recommendations to the Planning Commission, which shall
hold a public hearing on the preliminary plat with due
public notice as defined in Chapter 163.170, Florida
Statutes. The subdivider, or his duly authorized re-
presentative, shall attend these meetings of the Plan-
ning Commission to discuss his preliminary plat.
Planning Commission Review
The Planning Commission review shall include considera-
tion of the review comments. In addition, particular
attention shall be given to the arrangement, location
and width of streets, their relation to the topography
of the land, water supply, sewage disposal, drainage,
lot sizes and arrangement, the present or future develop-
ment of adjoining lands, and the requirements of the
Comprehensive Plan and Zoning Ordinance.
Planning Commission Action
Following the hearing
Wing Commission shall
one of the following
on the preliminary plat, the Plan-
recommend to the Village Council
actions:
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1. Issue a certificate of preliminary plat
approval.
2. Issue a certificate of conditional plat
approval, subject to any necessary mod-
ifications which shalt be noted on the
preliminary plat or attached to it in
writing.
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3. Disapproval of the preliminary plat or
any portion thereof, stating the reasons
for disapproval in writing. The sub-
divider may reapply for preliminary plat
approval in accordance with provisions
of this section.
Notification of Action
The recommendation of the Planning Commission and the
action of the Village Council shall be noted on two (2)
copies of the preliminary plat, one (1) copy of which
shall be returned to the subdivider and the other retained
by the Department of Public Services.
8. Failure of the Planning Commission to Take Action
Failure of the Planning Commission to make a recommenda-
tion to the Village Council, as required by paragraph 6
of this section, within ninety (90) days of filing the
preliminary plat, shall give the applicant the right to
appeal directly to the Village Council for action, un-
less the applicant agrees to an extension of time.
9. Effect of Approval
Approval of the preliminary plat by the Village Council
shall not constitute approval of the final plat but shall
be deemed an expression of approval of the layout sub-
mitted as a guide to the preparation of the final plat.
Preliminary approval shall expire and be of no further
effect twelve (12) months from the date of preliminary
approval unless the time is extended by the Village
Council prior to expiration; otherwise, the subdivider
must reapply for preliminary plat approval in accordance
with provisions of this section.
Section 36-11. Preliminary Plat Specifications
The preliminary plat shall be drawn clearly and legibly at a scale
of at least one (1) inch equals one hundred (100) feet using a sheet size of
twenty-four (24) inches by thirty-six (36) inches, reserving a three (3) inch
binding margin on the left side and a one (1) inch margin on the other three
sides. If more than one (1) sheet is required, an index map relating each
sheet to the entire subdivision shall be shown on the first sheet. The pre-
liminary plat shall contain the following information:
1. Proposed name of subdivision.
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Name, address and telephone number of the subdivider
and agent of the subdivider.
3. Name and registration number of surveyor.
4. Date of survey, north point, graphic scale, date of
plat drawing and space for revision dates.
Vicinity map showing location with respect to major
roads and acreage of the subdivision.
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6. Boundary line of the tract by bearing and distance.
7. Legal description of the tract to be subdivided.
8. Names of owners of adjoining land with their approx-
imate acreages.
9. Existing streets, utilities and easements on and ad-
jacent to the tract, including the location and size
of each and the invert elevation of sewers.
10. Other existing improvements including buildings on or
adjacent to the tract.
11. Preliminary layout including streets, alleys and ease-
ments with dimensions and proposed street names, lot
lines with approximate dimensions, land to be reserved
or dedicated for public uses, and any land to be used
for purposes other than single family dwellings.
12. Block letters and lot numbers.
13. Zoning district boundaries on and abutting the tract.
14. Proposed method and approval by all franchised utilities
of water supply, sewage disposal, drainage, street light-
ing and electrical distribution system.
15. Minimum building front yard setback lines.
16. Typical street cross-sections for each street classifi-
cation.
17. Natural features including lakes, marshes, or swamps,
water courses, land subject to flooding, wooded areas
and isolated trees having a trunk caliper of six (6)
inches or more at a height of four (4) feet above the
ground. In lieu of this requirement, the applicant may
furnish aerial photographs of the area in question.
Aerials to be no more than two (2) years old and to a
scale of a maximum of one foot to 200 feet.
18. Surface drainage with direction of flow and method of
disposition indicated.
19. Soil survey map.
20. Subsurface conditions of the tract showing: subsurface
soil, rock and groundwater conditions; location and
results of soil percolation tests; location and extent
of muck pockets.
21. Existing covenants and restrictions.
22. Any other information that may be considered necessary
for full and proper consideration of the proposed sub-
division.
23. Inscription stating "NOT FOR FINAL RECORDING."
24. Flood Hazard Reports - If the proposed subdivision is
in an area subject to flooding as determined by the
Village Engineer then the subdivider shall submit three
valley cross sections including the channel of the
stream at points specified, topographic information for
areas adjoining sides of the channel, cross sections for
land to be occupied by the proposed development, high-
water information, boundaries of area subject to ponding,
and other pertinent information.
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The Department of Public Services shalt transmit one (1) copy of
this information described to the Village Engineer or other expert person or
agency for technical assistance, where necessary, in evaluating the proposed
project in relation to flood heights and velocities, the seriousness of flood
damage to the use, the adequacy of the plans for protection and other technical
matters. The Planning Commission, with technical assistance, shall estimate
the discharge of the regulatory flood, determine the specific flooding threat
at the site of the proposed subdivision and determine whether the subdivision
is located in a floodway or flood fringe area by:
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a. Calculation of water surface elevations and flood pro-
tection elevations based upon a hydraulic analysis of
the capacity of the stream channel and overbank areas
to convey the regulatory flood. Flood protection el-
evations shall be at or above the water surface eleva-
tions of the regulatory flood.
Section 36-12. Construction Plans Procedure
Preparation of Construction Plans
Following approval of the preliminary plat (and issuance
of development order for development of regional impact
when applicable) the subdivider shall submit construction
plans and specifications for all proposed subdivision im-
provements. These construction plans must be prepared in
conformance with these regulations by a professional en-
gineer registered in the State of Florida.
Submission and Review of Construction Plans
The subdivider shall submit four (4) sets of prints approv-
ed by all interested agencies of the completed construction
plans and the approved preliminary plat to the Department
of Public Services along with a fee of $150.00 to defray
the processing cost. In addition, the subdivider shall pay
a fee of one-half of 1% of the estimated cost of construc-
tion of all the improvements required by this ordinance to
defray the cost of the administration of the subdivision.
Following review, if the construction plans are consistent
with the approved preliminary plat and comply with all
standards and specifications, the Village Engineer shall
notify the subdivider and the Department of Public Services
of construction plan approval. If the construction plans
are not consistent with the approval preliminary plat or
do not comply with all standards and specifications, the
Village Engineer shall notify the subdivider and the Depart-
ment of Public Services:
a. Conditional construction plan approval, subject to
any necessary modifications which shall be indicated
on the plans or attached to it in writing; or
b. Disapproval of the construction plans or any portion
thereof, indicating in writing the reasons for such
disapproval.
3. Posting of Surety Device
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Approval of the construction plans is authorization to pro-
ceed with installation of any improvements required, sub-
ject to the approval of agencies having proper authority,
and the preparation of the final plat or unit division there-
of, and in certain instances as specified herein, subject to
the posting of a surety device as follows:
a. If the final plat is to be recorded prior to in-
stallation of improvements, a surety in the form
of a performance bond, trust deed, or escrow agree-
ment, approved by the Village Attorney, shall be
filed with the Village Clerk. Sucii surety shall
cover at least one hundred ten (110) percent of the
cost of all required improvements, such as streets
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and drainage, water, sewerage, gas and electric-
al distribution systems, with estimates provided
i by the subdivider approved by the Village Engineer.
I The surety shall be conditioned upon the faithful
performance by the subdivider of all work required
~ to complete all improvements and installations for
i the subdivision, or unit division thereof, in com-
pliance with these rules and regulations within a
period of one (1) year and shall be payable to,
and for the indemnification of the Village.
b. If improvements are installed prior to final plat
approval in accordance with the specifications of
these regulations and such improvements have been
~ inspected and approved by the Village Engineer and
the subdividers engineer, the following certifica-
'~ tion shall be substituted for a surety device;
I I hereby certify that I have inspected the streets,
i utilities, monuments and other improvements shown
on the plat of subdivision and
to the best of nU' now a ge ind that the same have
been constructed and installed in accordance with
prescribed specifications and a maintenance bond in
the amount of $ posted and find that
there are no vis a efects in the materials and
~ workmanship apparent in said improvements.
Approved:
~ Village Engineer Subdividers Engineer
4. Posting of Maintenance Bond
A maintenance bond in the amount of ten (10) per cent of
the total cost of all required street and drainage im-
provements shall be posted as a condition to final plat
approval by the Village. Such maintenance bond will be
returned to the subdivider at the end of one year from
the time of final plat approval, provided that all re-
~I quired improvements have been properly maintained, as
approved by the Village Engineer.
i Section 36-13. Construction Plan Specifications
Plans for the required improvements shall be prepared for the ap-
proval of the Village Engineer prior to construction and only after approval
of the preliminary plat. Such improvement plans shall show the proposed lo-
cations, sizes, types, grades, and general design features of each facility,
and shall be based upon reliable field data. These drawings shall include
the following information:
1. A topographic map of the subdivision as required by
the Villa a Engineer with a maximum contour interval
of one (1~ foot where overall slopes of 0% to 2%, two
(2) feet where slopes are over 2% but less than 10%,
or five (5) feet where slopes are over 10%, based on
U.S. Coast and Geodetic Datum. Such map shall be pre-
pared by a land surveyor.
2. A drainage map of the entire basin or basins within
which the subdivision lies. This map may be combined
with the above topographic map, including all ridges
outlining the basins and the sizes of the basins in
j acres, of all existing and proposed drainage areas of
flow concentration. Flow paths shall be indicated
throughout, including final outfalls from the sub-
division and basins.
3. Improvement Construction Drar~ings - Three ;3) blueprints
' of these drawings shall be submitted, and the sheet size
~ shall be 24" x 36" unless another size is approved by
the staff. The drawings shall be referenced to the name
and unit number of the proposed subdivision, shall show
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elevations based on mean sea level datum plan approved
by the Village Engineer, and shall show the following
information:
a. Street Profiles - Plans for street construction
shall consist of a plan view showing PI eleva-
tions and percentage grade slopes between PI 's
on the plan sheet.
b. Street Cross-Sections - A cross-section of each
proposed street, at a scale of ten (10) feet or
less to the inch, showing the width of pavement,
the location and width of sidewalks, where re-
quired, and rights-of-way.
c. Water Supply, Sewers, Storm Water Drainage, Gas
S stem CATV Tele hone S stem and Electrical
Distribution ystem - e p ans an profiles of
proposed water distribution systems, sanitary
sewers, storm water drainage sewers, other drain-
age ways, Gas System, CATV, Telephone System and
Electrical Distribution Systems, at a horizontal
scale equal to the horizontal scale of the sub-
division plan and a vertical scale of 1/10th of
the horizontal scale, with grades and sizes in-
dicated.
4. Minimum construction specifications shall be as specified
herein.
Section 36-14. Final Plat Procedure
1. General
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No lots shall be sold and no street accepted and main-
tained by the Village, nor shall any permit be issued
by the Building Official for the construction of any
permanent building within such subdivision unless and
until the final plat has been approved by the Planning
Commission and the Village Council and duly recorded by
the Clerk of the Circuit Court. The final plat shall
conform substantially to the preliminary plat as approv-
ed by the Village Council and shall incorporate all mod-
ifications and revisions specified in the approval of
the preliminary plat. A final plat may constitute only
a portion of the approved preliminary plat. After com-
pletion of the required improvements of the subdivision
or the posting of a surety bond the subdivider shall sub-
mit to the Department of Public Services a final plat in
accordance with the following procedure:
2. Application for Final Plat Approval
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After the preliminary plat of a proposed subdivision has
been given approval by the Village Council, the subdivider
shall, within twelve (12) months or such additional time
as may be granted by the Village Council, submit to the
Department of Public Services at least forty-five (45)
days prior to the meeting of the Planning Commission at
which it is to be considered,-the following:
a. A letter requesting review and approval of the
final plat.
b. The original linen or n~ylar tracing of the final
plat and two (2) reproducible linen or n~ylar copies.
c. Five (5) printed copies of the final plat with sign-
ed certification and other documents as specified
herein.
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Planning Commission Review
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The Planning Commission shall review and make its final
recommendation on the final plat within forty-five (45)
days after the plat is submitted to the Department of
Public Services. Failure of the Planning Commision to
make a recommendation within forty-five (45) days of sub-
mittal, shall give the applicant the right to appeal
directly to the Village Council for action, unless the
applicant agrees to an extension of time. Before submis-
sion of the final plat, the Planning Commission shall
receive a written report from the Village Engineer
certifying compliance with or noting deviations from the
approved preliminary plat and the requirements of these
regulations. When substantial errors are found in the
accuracy of the final plat, the subdivider shall be res-
ponsible for correction in the survey or the final plat.
4. Planning Commission Action
If the final plat meets atl requirements of these regula-
tions and complies with the approved preliminary plat,
the Planning Commission shall recommend approval of the
final plat and indicate its recommendation on each copy
by signature of the Planning Commission Chairman. If the
final plat is recommended for disapproval by the Planning
Commission, the reason for such action shall.be specified
in writing. One (1) copy of such reasons shall be trans-
mitted to the Village Council and to the subdivider. The sub-
divider may make the recommended changes and resubmit the
final plat to the Planning Commission.
Village Council Action
If the final plat meets all the requirements of these reg-
ulations and complies with the approved preliminary plat,
the Village Council shall approve the final plat and in-
dicate its approval on each copy by signature of the Mayor
as attested by the Village Clerk.
If the final plat is disapproved by the Village Council,
the reasons for disapproval shall be stated in writing. A
copy of such reasons shall be sent to the subdivider. The
subdivider may make the necessary changes and resubmit the
final plat to the Village Council.
Recording of Final Plat
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Upon approval of the final plat by the Village Council, the
original linen or rgylar tracing of the final plat shall be
recorded with the Clerk of the Ciruit Court by the Village
Clerk with all recording fees paid by the subdivider. The
final plat shall be recorded prior to the sale of any lot
within the subdivision. Upon recording the approved final
plat, a copy of arty private covenants or deed restrictions
shall be provided by the subdivider for the records of the
Department of Public Services. One (1) reproducible copy
of the final plat shall be retained by the Department of
Public Services and one (1) copy by the Village Engineer.
Section 36-15. Final Plat Specifications
The final plat shall be drawn clearly and legibly at a scale of at
least one (1) inch equals one hundred (100) feet using a sheet size of twenty-
four (24) inches by thirty-six (36) inches, reserving a three (3) inch binding
margin on the left side and a one (1) inch margin on the other three sides.
If more than one sheet is required, an index map relating each sheet to the
entire subdivision shall be shown on the first sheet. The final plat shall
conform to Chapter 177, as amended, Florida Statutes, and contain no less than
the foiiowiny information:
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1. Name of subdivision.
2. Name and address of subdivider.
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3. North point, graphic scale and date.
4. Vicinity map showing location and acreage of the sub-
division.
5. Exact boundary tine of the tract, determined by afield
survey, giving distances to the nearest one-hundredth
(1/100) foot and angles to the nearest minute, shall be
balanced and closed with an apparent error of closure
not to exceed one (1) in five thousand (5,000).
6. Legal description of the tract.
7. Bearing and distance to permanent points on the nearest
existing street lines of bench marks or other permanent
monuments (not less than three) shall be accurately des-
cribed on the plat.
8. Municipal and county limit lines shall be accurately tied
to the lines of the subdivision by distance and angles when
such lines traverse or are reasonably close to the sub-
division.
9. The closest land line or section corner shall be accurate-
ly tied to the lines of the subdivision by distance and
angles.
10. Location, dimensions, and purposes of any land reserved
or dedicated for public use.
11. Exact locations, widths, and names of all streets and
alleys within and immediately adjoining the new subdivision
12. Street right-of-way lines shall show angles of deflection,
angles of intersection, radii, and lines of tengents.
13. Lot lines shall be shown with dimensions to the nearest
one-hundredth (1/100) foot and bearings.
14. Lots shall be numbered in numerical order and blocks let-
tered alphabetically.
15. Accurate location and description of monuments and markers
shalt be described on the plat.
16. Minimum building front yard setback lines.
17. Reference to recorded subdivision plats of adjoining plat-
ted land shall be shown by record name, plat book and
page number.
18. Covenants and Restrictions shall be filed for record with
the Clerk of the Circuit Court and the recording informa-
tion shown on the plat.
19. Signed Certificates - The following certificates shall
appear on the final plat. Certificates a, b, shall be
properly signed before the final plat is submitted to the
Planning Commission.
a. Certificate of Surveyor.
b. Certificate of Ownership and Dedication.
c. Certificate of Recommendation by Planning Commission.
d. Certificate of Approval by the Village Council.
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Section 36-16. Reversion of Subdivided Land to Acreage
1. As provided for in Chapter 163 of the Florida Statutes,
an applicant of any subdivided land may file a final plat
for the purpose of returning the land to acreage. The
applicant shall conform to the standard proceudres of
filing a final plat as described herein.
2. The Village. Council may order the vacation and reversion
to acreage of all or part of a subdivision within its
jurisdiction provided that:
a. The plat was lawfully recorded not less than five (6)
years before the date of action;
b. No more than 10% of the total area of such subdivision
has been sold as lots by the original subdivider or
successor to his title.
3. As per the requirements of Chapter 163, Florida Statutes, a
public hearing shall be held on any proposal for vacation
and reversion of land to acreage.
4. No owner of any parcel of land in the subdivision shall be
deprived of reasonable access to such parcel as a result of
reversion to acreage.
ARTICLE III
DESIGN STANDARDS
Section 36-17. General
All lands included within the subdivision shall be suitable for the
various purposes proposed in the request for subdivision approval. Further, .
no subdivision plan shall be approved unless the Village Council finds, after
full consideration of all pertinent data, that the subdivision can be served
adequately and economically with such normal public facilities and services
as are suitable in the circumstances of the particular case.
1. Conformity with Comprehensive Plans
The subdividing and development of any areas subject to
these regulations shall be in conformity with the general
goals and objectives of the Village with respect to the
officially adopted Comprehensive Plan; the official map
which depicts the thoroughfare plan; existing zoning re-
quirements, including all amendments thereto; policies
and plans established by the Village with respect to lake
levels, navigational requirements and policies, water
supply, waste disposal and other essential utilities; the
overall drainage plan; and policies for development in
any special improvement districts.
2. Consideration of Soil and Flood Hazards
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A subdivision plat shall not be approved unless all land
intended for use as building sites can be used safely for
building purposes, without danger from flood or other in-
undation or from adverse soil or foundation conditions or
from any other menace to health, safety, or public welfare.
All subdivisions located within a flood hazard zone shall
meet the requirements of Section 36-31 of these regulations.
Section 36-18. Lots and Blocks
Lots and blocks shall be designed according to acceptable practice
for the type of development and use contemplated so as to be aesthetically
acce~ta.ble; in keeping with thr. +,nponraphy and other site conditions and to
provide adequate traffic and utility access and circulation; acceptable use
of space; provide privacy, adequate drainage, and protection of property.
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1. Lot Size
The lot size, width, depth, shape, and orientation, and
the minimum building setback lines shall be appropriate
for the location of the subdivision and for the type of
development and use contemplated. Lot dimensions and
all building setback lines shall not be less than the
minimum standards established in the Zoning Ordinance.
Residence Lots - Minimum
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a. Lots zoned, restricted, used or intended for
use for residences shall have a width of not
less than eighty-five (85) feet at the setback
line and an area of not less than 10,500 square
feet.
b. Corner lots shalt have a width of not less than
ninety (90) feet at the setback line and an area
of not less than 13,000 square feet.
3. Access
Each lot, for a minimum frontage distance. of fifty-seven
(57) feet, shall abut on a public street. This require-
ment shall not be construed to prohibit private streets
within developments where the land remains under one
ownership. The subdivision shall be so designed that
remnants and land-locked areas shall not be created.
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4. Lot Lines
Side lot lines shall be, as nearly as practical, at right
angles to straight street lines and radial to curved
street lines. No lot shall be divided by a municipal
boundary.
5. Double Frontage Lots
Double frontage, and reverse frontage lots, shalt be
avoided except where essential to provide separation
of residential development from traffic arteries or to
overcome specific disadvantages of topography and
orientation. A planting screen easement of at least
twenty (20) feet, and across which there shall be no
right of vehicular access, shall be provided along the
line of lots abutting such traffic artery or other in-
harmonious use.
Block Lengths
Block lengths shall not exceed fourteen hundred (1,400)
feet or be less than three hundred (300) feet, as measur-
ed between center lines of bounding streets. See Section
36-19(16) for streets ending in cul-de-sacs.
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Section 36-19. Streets
The arrangement, character, extent, width, grade and location of all
streets shall conform to the Comprehensive Plan now in existence or as may
hereafter be adopted, and shall be considered in their relation to existing
and planned streets, to topographical conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land
to be served by such streets.
Where such is not shown in the Comprehensive Plan now in existence
or as may be hereafter adopted, the arrangement of streets in a subdivision
shall either: a) provide for the continuation or appropriate projection of
existing major streets in surrounding areas, or b) conform to a plan for the
neighborhood or be aligned to meet a particular situation where topographical
or other conditions make continuance or conformance to existing streets im-
practicable.
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All streets to be established within a subdivision shall meet the
following minimum design standards:
1. Minor Streets
Minor streets shall be so laid out that use by through
traffic will be discouraged.
2. Subdivisions on Arterial Streets
Where a subdivision abuts or contains an existing or pro-
posed arterial street, the provision by the subdivider
of marginal access streets, reverse frontage lots with
planting screen contained in a non-access reservation
along the rear property lines, deep lots with rear ser-
vice alleys, or such other treatment as may be necessary,
for adequate protection of residential properties and to
afford separation of through and local traffic may be re-
quired.
3. Subdivisions on Railroads or Limited Access Nighway
Where a subdivision abuts or contains a railroad right-of-
way or limited access highway ,right-of-way, the provision
by the subdivider of a street approximately parallel to
and on each side of such right-of-way, at a distance suit-
able for the appropriate use of the intervening land, as
for park purposes in residential districts or for commercial
or industrial purposes in appropriate districts may be re-
quired. Such distance shall also be determined with due
regard for the requirements of approach grades and future
grade separations..
4. Intersection Design
C
Streets shall be laid out to intersect as nearly as possible
at right angles and no street shall intersect any other
street at less than sixty (60) degrees. Street jogs at in-
tersections with center-line offsets of less than one hundred
fifty (150) feet shall be prohibited. Multiple intersections
involving the juncture of more than two (2) streets shall be
prohibited. A minimum sight distance of two hundred (200)
feet from any intersection shall be maintained on intersect-
ing streets, however, this requirement shall not be construed
as requiring an increase in the minimum allowable intersec-
tion separation of one hundred fifty (150) feet.
5. Minimum Street Design Specifications
All streets to be established in a subdivision shalt be des-
igned in accordance with the following minimum specifications:
Collector Local Marginal
Street Street Access
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Minimum right-of-way 80 ft. 60 ft. 40 ft.
Percent grade of roadway
centerline:
Minimum 0.30% 0.30% _ 0.30%
Geometric design shall comply with the latest AASHTO require-
ments.
6. Cul-de-Sacs
Cut=de-sacs shall be provided with a turn-around hav-
ing an outside roadway diameter of at least eighty(80)
feet, and a street property line diameter of a± least
one hundred (100) feet. Cul-de-sacs shall have a min-
imum length of two hundred (200) feet including the
turn-around.
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Dead-end roads and streets may be as long as necessary
to properly serve narrow island or narrow peninsulas
bounded by watercourses, canals, or other bodies of
water the crossing of which would require a bridge; and
dead-end roads and streets may be as long as necessary
to properly serve other narrow land areas formed by
such water or waterways in combination with permanent
obstructions such as railroads, sewage treatment plants,
limited access highways and the like.
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7. Street Access to Adjoininy_Property
Street stubs to adjoining unplatted areas shall be provided
at intervals of not over one-garter (1/4) mile when required
to give access to such areas or to provide for proper traffic
circulation. Street stubs in excess of two hundred fifty
(250) feet shall be provided with a temporary cul-de-sac
turn-around. The developer of the ad3oining area shall pay
the cost of restoring the street to its original design
cross-section and extending the street.
Half Streets
Half streets shall be prohibited; except that where a prev-
iously platted half street, improved or unimproved, abuts a
tract to the subdivided, the second half of the street shall
be platted within the tract being subdivided and the entire
street shall be improved when and as required in Article IV
of these regulations.
9. Street Names
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Street names shall not be used which will duplicate or be
confused with the names of existing streets, except that
new streets which are an extension of or in alignment with
existing streets shall bear the same name as that borne by
j such existing streets. The names of all courts and circles
~ shall not duplicate those of streets.
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Section 36-20. Alleys
In single family residential districts, alleys shall be discouraged
When provided in any district, alleys shall have a minimum right-of-way width
of twenty (20) feet.
i Section 36-21. Sidewalks
Where provided, sidewalks shall be designed as an integral part of
the total circulation system and shall be located within the street right-of-
way or common open areas.
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~ Section 36-22. Easements and Rights-of-Way
Easements for utilities including water, sewer, electric, CATV,
telephone, and gas, and drainage easements, shall be provided as follows:
a. Utilities
Utility easements centered on side or rear lot lines
shall be provided where deemed necessary, and shall
be at least fifteen (15) feet in width. Additional
width may be required for sewer or drainage easements.
Side lot line easements may be decreased to ten (10)
feet in width when serving a single electric or tele-
phone utility.
b. Drainage
Where.a proposed subdivision is traversed by or abuts
a watercourse, drainage way, or streaa~, there shall
be provided a storm water or drainage right-of-way
which shall conform substantially with the limits of
such watercourse, drainage way, canal, or stream, and
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such further width or construction, or both, as
will be adequate for the purpose. Where a drainage
way or canal is required to be constructed, right-
of-way approved as adequate by the Village Engineer
shall be provided for maintenance purposes. Parallel
streets or parkways may be required in connection
therewith. No open drainage ditches shall be permit-
ted within any subdivision boundaries. Storm sewers
shall be covered and open ditches may be permitted
across undeveloped land only as an outlet into an es-
tablished watercourse, if a right-of-way is provided.
See Section 36-31(e).
c. Access Waterways
Waterways which are constructed or improved for the
purpose of providing access by water to lots within
a subdivision shall have a minimum right-of-way width
of eighty (80) feet.
See Section 36-31(e).
Section 36-23. Public Sites and Open Spaces
Where a proposed school site, park, playground or other public area
shown on the adopted Village plan is located in whole or part within the pro-
posed subdivision,such sites shall be indicated on the preliminary plat. As
a condition for the approval of the preliminary plat, the governing body shall
require the dedication to the public of such reasonable portions of such public
sites as are attributable by the Village to the demand created by the sub-
division. In any event, a minimum of five (5) per cent of the gross land
area of the subdivision shall be dedicated to public use. At the discretion
of the Village Council, the developer may be required to pay in cash an amount
equal to the fair market value of the required land said fair market value to
be appraised on the basis of the value of platted land without improvements.
Section 36-24. Access to Water Bodies
Whenever a subdivision is situated with a property
frontage of one thousand (1,000) feet or more abutting
the shoreline of an ocean, gulf, lake, or navigable
waterway, the subdivider shall provide adequate public
access to the shoreline at intervals that average not
more than one thousand (1,000) feet by designation of
public access easements having widths not less than
twenty-five (25) feet. These easements are to be im-
proved by the subdivider as approved by the Planning
Commission.
b. The Village Council may require that the subdivider
shall perpetually maintain said public access easements
by the creation of a trust fund to bear cost of same
or some other such provision assuming perpetual care.
The Village Council may impose any condition or res-
triction it deems in the public interest upon any public
access easement it may require under this ordinance in-
cluding restrictions of improvements placed thereon.
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Section 36-25. Subdivision Entrances
Areas for subdivision entrances may be permitted in all subdivisions
whether residential, commercial, or industrial. In the event such entrance
areas are authorized, the Village Council may require that the subdivider shal
perpetually maintain said entrance areas by the creation of a trust fund to
bear cost of same or some other such provision assuming perpetual care. The
Village Council may impose any condition or restriction it deems in the public
interest upon any entrance area it may authorize under this ordinance, includ-
ing restrictions of improvements placed thereon.
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ARTICLE IV
REQUIRED IMPROVEMENTS
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Section 36-26. General
A Florida registered professional engineer shall be employed to
design and inspect the installation of all required improvements such as
street, drainage structures, bridges, bulkheads, and water and sewer facilities
All plans for improvements shall be prepared by such engineer and approved by
the Village Engineer prior to construction.
The designated inspector of the Village shall receive notice in ad-
equate time to arrange for inspection prior to beginning of construction and
at appropriate staged intervals thereafter. The Village Engineer may require
laboratory or field test at the expehse of the developer when appropriate. j
Any failure of work or materials to conform with the plans and specifications
or failure to notify the Village in time for indicated inspections may be cause'.
for the Village Council to reject the facilities.
Section 36-27. Monuments
a. Permanent Reference Monuments
Permanent reference monuments shall be placed as re-
quired by Chapter 177, Florida Statutes, as amended.
Monuments shall be set in the ground so that the tip
is flush or no more than one (1) foot below the fin-
ish grade.
Permanent Control Points
Permanent control points shall be set along the street
right-of-ways or block lines at "PC's," "PT's," "PRC's,"
"PCC's," and other changes in direction, excluding
those points located by "PRM's."
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Section 36-28. Streets
Street improvements designed in accordance with Section 36-19 of
these regulations shall be provided as required by the following:
a. Arterial and Collector Streets - Pavement design, lane
widths and intersection details for all arterial and
collector streets should conform to plans prepared by
the developer and approved by the Village Engineer,
after consultation with the regional traffic authorities,
as to projected traffic flow, turning movements and
other design details made available from the authorities.
Collector streets which do not have a regional impact
must be a minimum of 24 feet in width and include turning
and storage lanes at all major intersections and conform
to approved typical section.
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b. Marginal Access Streets - Marginal access streets shall be
24 feet wide where adjacent parking is provided for access
to commercial or institutional areas and may be reduced
to 20 feet in width where no adjacent parking exists.
c. Curb and Gutter - Standard curb and gutter may be utilized
in the Village only where its use is justified on the basis
of limited rights-of-way, steep grades preventing the use
of grass swales or in commercial or institutional areas
where the particular site plan lends itself to the use of
curb and gutter.
d. Swales - All standard street sections shall utilize grass
swales adjacent to the paved area to receive runoff before
conveyance to storm drainage systems. Swales shall be in
accordance with approved typical sections.
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e. Subgrade - Stabilization of subgrade may be required
to meet existing soil conditions on a proposed site
or may be waived if natural soil bearing values are
sufficient to support the classification of street
to be constructed.
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Pavement Base - All collector, local and marginal access
streets shall consist of an 8" compacted thickness of
limerock or approved local shell rock. Equivalent base
material may also be utilized as approved by the Village
Engineer.
g. Wearing Surface - All collector, local and marginal access
streets shall consist of a 1-1/2" compacted thickness of
Type I asphaltic concrete surface course or an equivalent
as approved by the Village Engineer.
Section 36-29. Sidewalks
A system of sidewalks shall be provided by the subdivider to provide
for safe movement of pedestrians separate from motor vehicle traffic. Except
as provided below, sidewalks shall be provided along both sides of all streets,
and along all streets where adjacent land is zoned or otherwise designated to
be used for multiple family dwelling purposes, commercial, and/or office pur-
poses. As an alternative, and as approved by the Village Council, sidewalks
in residential areas may be provided within common open areas.
Sidewalks shall be constructed per standards established by Chapter
35, Village Code.
Section 36-30. Bridges
Bridges shall be designed in general accord with current practices
as established by the Village Engineer. Bridges shall be constructed with
curbs, the required paving width, and, in addition, sidewalks at least five
(5) feet wide on both sides. Guardrails or fences shall be provided as re-
quired by the Village Engineer.
(See Chapter 11, Village Code).
Section 36-31. Storm Water Management - General
The storm water management system shall be designed in accordance
with accepted engineering principles for design floods resulting from rain-
fall and tidal elevations experienced in the Intracoastal Waterway for storm
frequencies as follows:
Minimum street grade shall exceed calculated flood
levels resulting from a ten-year frequency storm
tide plus rainfall runoff.
b. The finished floor of ail structures shall exceed
the one hundred-year tidal flooding and rainfall
runoff level, but in no case shall be less than 8.5
feet above mean sea level.
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Storm drainage facilities, including swales, inlets
and conduits shall be designed on runoff predicted
from a three-year intensity rainfall curve in general
use for this area.
d. Roadside swales within street rights-of-ways shall be
constructed in accordance with approved typical sections
for the subdivision under consideration. Swale cross
sections shall be designed to carry runoff up to the
edge of pavement, or edge of improved property adjacent
to the right-of-way. Surplus water from the swales
shall be diverted into a closed storm drainage system
or other approved means.
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Open channels and outfall ditches for the purpose of
conveying storm runoff within any subdivision develop-
ment will not be allowed. However, open channels
connecting to tidewater for the purpose of navigational
access to existing or proposed waterways will be per-
mitted provided they are protected by concrete bulk-
heads and have a minimum width of eighty (80) feet and
a minimum centerline depth of 8.0 feet.
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(See Section 36-22). (See Chapter 11, Village Code).
f. In order to minimize the degradation of water quality
in receiving bodies, the proposed subdivision will be
provided with landscaped areas, grassed areas or other
natural vegetated areas to receive runoff from build-
ings, pavement or other impervious areas to the degree
that pollutants from these areas may be absorbed by
the vegetation or percolated into the soil. No runoff
from such impervious areas shall be discharged direct-
ly into any inlet or storm sewer without first being
given the opportunity to pass through a natural vege-
tated area. All potential areas of soil erosion shall
be protected to minimize siltation transport by flow-
ing water.
Section 36-32.
a.
b.
c.
d.
Utilities
Sanitary Sewer
The subdivider shall provide sanitary sewer services to
each lot within the subdivision. All sewer lines serv-
ing lots within the subdivision shall be installed by
the subdivider prior to the paving of the street and
should be designed to operate on a gravity flow basis
whenever possible.
Water Supply
The subdivider shall install or have installed a system
of water mains and connect the system to each supply.
The installation of such mains and connection to each
lot shall be installed prior to the paving of the street.
Water and Sewer Systems
Water and sewer systems shall be designed for the proposed
subdivision which meet the current requirements of all
regulatory agencies having jurisdiction over water and
sewer systems. Evidence of approval of those agencies
shall be submitted prior to final plat approval and all
construction certificates issued to any regulatory agencies
shall become a copy of the permanent file of this subdivision
with the Village. Fire protection shall be included in all
water distribution system design and shall meet the latest
standards of the National Board of Fire Underwriters or its
successor agency.
Underground Utilities
Utility lines of all kinds, including but not limited to
those of franchised utilities, electric power and light,
telephone and telegraph, cable television, water, sewer,
and gas, shall be constructed and installed beneath the
surface of the ground .within new subdivisions, unless it is
determined by the Village Engineer that soil, topographical,
or any other compelling conditions make the installation of
such utility lines as prescribed herein unreasonable or im-
practicable. Both local transmission lines and individual
service connection lines to buildings shall be installed
underground. The underground installation of incidental
appurtances such as ±ransfermer boxes, pedestal mounted
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boxes for electricity, or similar service hardware
necessary for the provision of electric and communica-
tion utilities shall not be required. Nothing in this
subsection shall be construed to prohibit any entity
furnishing utility service within the Village from
collecting, as a condition precedent to the installation
of service facilities, any fee prepayment or contribution
in aid of construction which may be required.
Section 36-33. Screening Walls and Landscaping
Screens separating residential lots from abutting arterial streets
may be required in the form of maintenance-free walls, landscaping, or plant-
ed earth mounds. Such screens should be at least four (4) feet in height
and at least 50% opaque. When landscaping is used for screening, the height
and opacity requirements should be attained within one (1) year after the
issuance of the first letter of acceptance by the governing body. Such walls,
landscaping, or planted earth mounds should be located on the abutting lots
no nearer to the arterial right-of-way than one (1) foot.
Section 36-34. Planned Unit Development Alternatives
The standards and requirements set forth in these regulations may be '
modified by the Village Council in the case of a planned unit development j
which in the judgment of the Village Council provides adequate public spaces
and improvements for the circulation, recreation, light, air, and service
needs of the tract when fully developed and populated, and which also provides
such covenants or other legal provisions as will assure conformity to and ~
implementation of the plan. In granting such modification the Village Council ~
shall require such reasonable conditions and safeguards as will secure sub-
stantially the objectives and standards of this ordinance and the comprehen-
sive plan of the Village. Before granting such modifications, a public hear- i
ing will be held by the Planning Commission.
Section 36-35. Appeals
Any person aggrieved by the Village Council's decision regarding a
Preliminary or Final Subdivision Plat, or the Village Council's decision re-
garding any allowed alternative, may file a petition fora Writ of Certiorari
in the Circuit Court of Palm Beach County to review such final action as pro-
vided by the Florida Appelate Rules. Such petition shall be presented to
said court within thirty (30) days after the date of such final action of the
Village Council.
ARTICLE V
ENFORCEMENT PROVISIONS
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Section 36-36. General
Within the jurisdiction of these regulations, no subdivision shall
be made, platted, or recorded, nor shall any lot or parcel be sold nor any
building permit be issued, unless such subdivision meets all the requirements
of these regulations and has been approved in accordance with the requirements
as herein provided. The Village Council or any aggrieved person may have re-
course to such remedies in law and equity as may be necessary to insure com-
pliance with the provisions of this ordinance, including injunctive relief to
enjoin and restrain any person violating the provisions of this ordinance,
and any rules and regulations adopted under this ordinance, and the Court
shall, upon proof of the violation of these regulations hava the. duty to forth-
with issue such temporary and permanent injunctions as are necessary to pre-
vent the violation of the ordinance.
Section 36-37. Required Improvements
The Village Council shall enforce the improvement bond by resort to
legal and equitable remedies if required improvements have not been satis-
factorily installed with one (1) year after the final plat is approved, un-
'.ccc extended by the Village Council e.nd provided the surety consents to the
extension. Any owner or agent of the owner who falsely represents to a pro-
spective purchaser of real estate that roads and streets, sewers, water syste
or drainage facilities will be built, constructed, or maintained by the Villa
shall be deemed guilty of a misdemeanor.
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Section 36-38. Erection of Buildings and Issuance of Permits
No permanent building shall be erected on a lot or parcel of land
subject to these regulations nor shall any building permit be issued there-
for unless one of the following conditions exist:
Such a lot or parcel is within a subdivision for which
a final plat has been approved and filed by the Village
Council and the required improvements have been instal-
led and accepted by the Village Council.
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Such lot or parcel abuts a public street which has been
dedicated to and accepted by the Village Council or such
street is shown on a legally recorded subdivision plat.
However, building permits may be refused if water manage-
ment, soil characteristics, or other standards established
in Articles III and IV are not met.
Section 36-39. Violation Misdemeanor
Any person who shall sell any lot, or layout, construct, open, or
dedicate any street, sanitary sewer, storm sewer, water main, or drainage
structure without having first complied with the provisions of these regula-
tions, or otherwise violate this ordinance, shall be guilty of a misdemeanor.
Each day that the violation .continues shall constitute a separate violation.
ARTICLE VI
AMENDMENTS
This ordinance may be amended by the Village Council provided, how-
ever, that no amendments shall become effective until a public hearing by the
Planning Commission has been held. Public notice regarding the time, place,
and date of the hearing shall be published in accordance with Chapter 163, as
amended, Florida Statutes.
ARTICLE VII
LEGAL STATUS
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Section 36-40. Saving Clause
If any section, part of a section, paragraph, sentence, clause,
phrase, or work of this ordinance is, for any reasons, held or declared to be
unconstitutional, inoperative, or void, such holding of invalidity shall not
affect the remaining portions of this ordinance and it shall be construed to
have been the legislative intent to pass the remainder of the ordinance, after
the exclusion of such part or parts, shall be deemed to be held valid as if
such part or parts had not been included therein, or if this ordinance or any
of the provisions thereof, shall be held inapplicable to any person, group of
persons, property, kind of property, circumstances, or set of circumstances,
such holding shall not affect the applicability hereof to any other person,
property, or circumstances.
Section 36-41. Conflicting Regulations
This ordinance shall not be construed to have the effect of repealing
any existing ordinance concerning the subject matter of this ordinance, but
the regulations established herein shall be supplemental and cumulative. How-
ever, in the case of direct conflict with a provision or provisions of any ex-
isting ordinance, the provision which is more restrictive and impose higher
standards or requirements shall govern.
Section 36-42. Effective Date
This ordinance shall take effect immediately upon adoption. Sub-
divisions for which preliminary or final plans or plats have been approved
prior to the effective date may be developed and completed according to the
pre-existing requirements for subdivisions. However, preliminary plans or
final plats which have been approved prior to the effective date of this
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ordinance shall not be substantially changed or amended after the effective
date of this ordinance except to conform with the regulations established
herein.
1977.
I~ PLACED ON FIRST READING THIS 8 DAY OF DECEMBER
PLACED ON PUBLIC HEARING THIS 9 DAY OF FEBRUARY 1978
~' PLACED ON SECOND, FINAL READING AND PASSED THIS 25 DAY OF
MAY 1978.
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ATTEST:
I VILLAGE CLERK
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MAYOR
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1. Presentation to Village Council - Submit ten (10) copies
2. Village Staff - Technical Review and Comments
3. Other Agencies - Review and Comments
P
Sec Pg
(Fee: X150 plus $200 per Lot Layout Plat Sheet)
1. Village Engineer - Technical Approval
2. Other Agencies - Technical Approval
3. Planning Commission - Public Hearing
4. Planning Commission - Recommendation
5. Village Council - Approval
Sec 3 ~~~f9 !oJ
(Fee: $150 plus 1/2 of l% of value of improvements)
1. Village Engineer - Technical Approval
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FSie6L.3b• 19 (P9 zt )
1. .Village Engineer - Technical Approval
2. Planning Commission - Recommendation
3. Village Council - Approval
COiy TR TION
IF FINAL PLAT RECORDED PRIOR IF'CONSTRUCTION COMPLETED PRIG
TO CON. ('T[ON T~FJNAI eJ AT REGORDING,_
1. Post Surety Bond (110%) 1. Village Engineer & Developer Engineer
Certify construction in accordance
2. Construct. ~•iith Plans
3. Post 10% taintenance Bond 2. Post l0i' Maintenance Bond
3. Record Plat
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