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79-O-7I 79-D- /,I SUBDIVISION REGULATIONS FOR THE Citp of (ebybiater 4 _ TABLE OF CONTENTS ` PAGE ARTICLE I. Title . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II. Enactment and Authority . . . . . . . . . . . . . . . 1 ARTICLE III. Jurisdiction . . . . . . . . . . . . . . . . . . . . 1 ARTICLE IV. Purpose and Intent . . . . . . . . . . . . . . . . . . 1 ARTICLE V. Interpretation and Separability . . . . . . . . . . . . 2 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . 2 Separability . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE VI. Definition of Terms . . . . . . . . . . . . . . . . . 3 ARTICLE VII. Procedure for Subdivision Approval . . . . . . . . . 8 Minor Subdivisions . . . . . . . . . . . . . . . . . . . . . . 8 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Site Plan Approval Under Zoning Ordinance . . . . . . . . . . . 8 Preapplication Procedures . . . . . . . . . . . . . . . . . . . 9 Preliminary Plat Procedures . . . . . . . . . . . . . . . . . . 10 Preliminary Plat Specifications and Exhibits . . . . . . . . . 12 Construction Plans Procedure . . . . . . . . . . . . . . . . . 14 Construction Plan Specifications . . . . . . . . . . . . . . . 16 Final Plat Procedure . . . . . . . . . . . . . . . . . . . . . 16 Final Plat Specifications . . . . . . . . . . . . . . . . . . . 19 ARTICLE VIII. Required Improvements . . . . . . . . . . . . . . . 21 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Monuments. . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Stormwater Management . . . . . . . . . . . . . . . . . . . . . 22 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Street Name Signs . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE IX. Design Standards . . . . . . . . . . . . . . . . . . . 24 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Lots and Blocks . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE X. Variances, Exceptions, and Appeals . . . . . . . . . . 31 Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PAGE Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE XI. Enforcement Provisions . . . . . . . . . . . . . . . 33 Violation a Misdemeanor . . . . . . . . . . . . . . . . . . . 33 Erection of Buildings and Issuance of Permits . . . . . . . . 33 ARTICLE XII. Amendments . . . . . . . . . . . . . . . . . . . . . 34 Amendment Procedure . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE XIII. Adoption Procedure for Technical Specifications and Standards . . . . . . . . . . . . . . . . . . . 34 ARTICLE XIV. Appendix Authorized . . . . . . . . . . . . . . . . . 34 ARTICLE XV. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE XVI. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE XVII. . . . . . . . . . . . . . . . . . . . . . . . . . . 35 r ORDINANCE NO. 79-0-7 AN ORDINANCE ESTABLISHING PROCEDURES AND STANDARDS FOR THE SUBDIVISION AND DEVELOPMENT OF LAND AND FOR THE SURVEYING AND PLATTING THEREOF; DEFINING CERTAIN TERMS USED HEREIN;PRESCRIBING STANDARDS OF IMPROVE- MENTS TO BE INSTALLED BY THE DEVELOPER; ESTABLISHING PROCEDURES FOR PRELIMINARY AND FINAL APPROVAL OF PLATS; PROVIDING FOR MODIFICATIONS AND EXCEPTIONS TO THESE REGULATIONS; PROVIDING FOR THE METHOD -OF ADMINISTRATION AND AMENDMENT; ESTABLISHING PENALTIES FOR VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. ARTICLE I. Title This ordinance shall be known and may be cited as the Subdivision Regulations for the City of Edgewater, Florida. ARTICLE II. Enactment and Authority The City Council of Edgewater, Florida, pursuant to authority granted by the City Charter, Chapters 166, and 177, Florida Statutes, resolves that the following articles and sections be adopted. The Edgewater Zoning Board is hereby authorized and accredited by the City Council of Edgewater, Florida, for the purpose of approving subdivision plats and performing all of the functions prescribed in these regulations. ARTICLE III. Jurisdiction Regulations established herein shall be applied to all subdivisions of land, as defined herein, in the City of Edgewater, as now or hereafter established. ARTICLE IV. Purpose and Intent These regulations are intended to aid in the coordination of land development in accordance with orderly physical patterns; to dis- courage haphazard, premature, uneconomic, or scattered land develop- ment; to encourage development of economically stable, and health- ful communities; to insure proper identification, monumentation and recording of real estate boundaries; to insure to the purchaser of land in the subdivision that adequate and necessary physical improve- ments of lasting quality will be installed by the developer and insure that citizens and taxpayers will not bear this cost; to provide for safe and convenient traffic circulation; to provide an efficient, adequate and economic supply of utilities and services to new land developments; to prevent periodic or seasonal flooding through flood control measures and drainage facilities; to provide 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, to serve as an instrument of comprehensive plan implementation authorized by Chapter 163, Florida Statutes. In order to accomplish these purposes, all land, buildings, streets, drainage and utility facilities, shall comply with the procedures and regulations established herein. ARTICLE V. Interpretation and Separability (A) Interpretation: (1) The provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. (2) Where the conditions imposed by any provision of this ordinance upon the subdivision of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other applicable law, ordinance, resolution, rule, and regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. (3) This ordinance is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this ordinance are more rest- rictive or impose higher standards or requirements, then such easement, covenant, or other private agreement, the requirements of this ordinance shall govern. (B) Separability It is hereby declared to be the intention of the City Council of Edgewater, that the several provisions of this ordinance -2- C 0 be separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judge- ment shall not affect any other provision of this ordinance not specifically included in said adjudication. (2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular subdivision of land, such judgement shall not affect the application of said provision to any other subdivided land not specifically included in said adjudi- cation. ARTICLE VI. Definition of Terms Except as otherwise provided herein, all words shall have the custo- mary dictionary meaning. The present tense includes the future tense, and the future tense includes the present tense. The singular number includes the plural and the plural includes the. singular. The words, "used for" shall include the meaning "designated for". The word "shall" is mandatory and the word "may" is permissive or discretionary. Alley- A public right-of-way primarily designated to serve as a secondary means of access to the side or rear of abutting properties having principle frontage on a street. Applicant- Any .person who submits subdivision plans for the purpose of compliance with these regulations. Block- A tract of land existing within well-defined and fixed bound- aries, usually being a group of lots surrounded by streets or other physical barriers. Building- Any structure desioned or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind and includes any and all structures. Building Setback Line- A line within a lot or other parcel of land -3- so designated on the final plat, between which line and the adjacent boundary of the street upon which the lot or parcel abuts, the erec- tion of a building is prohibited, as prescribed by the Zoning Ordinance. City Council- The governing body of the City of Edgewater, Florida. City Engineer- A professional engineer employed by the City of Edgewater, or the designated City consultant engineer. Comprehensive Plan- The official guide for the physical, social, economic growth of the City of Edgewater, or its constituant parts, properly enacted by the City Council. Construction Plan- The maps or drawings accompanying a subdivision plat and,showing: - the specific location and design of improvements to be installed as a condition of the approval of the plat. Developer- Any person, partnership, or corporation, or duly authorized agent, who undertakes the subdivision of land under these regulations. Dwelling- A building or portion thereof designed or used exclusively for residential occupancy. Easement- A grant by a property owner for the use of land for a specific purpose or purposes but not conveying title to real property. Flood Plain- Boundaries of the special flood hazard area indicating a flood having a one percent (1%) chance of accurance in any given year as indicated on the Federal Insurance Administration (FIA) Flood Hazard Boundary Map. Frontage- The length of the front property line of the lot, lots, or tract of land abutting a public street, road, highway, or other right-of-way. Grade- The slope of a road, street, unimproved land, etc. specified in percent W. Improvements- Physical changes made to raw land, and structures placed on or under the land surface, in order to make the land more usable. Typical improvements in these regulations would be grading, -4- street pavements, storm and sanitary sewer facilities, drainage ditches, water mains, sidewalks, planting strip, off-street parking area, utility lines of all types, street name signs, permanent con- trol points, (.P.C.P.'s), permanent reference monuments, (P.R.M's), or other facility for which the city may ultimately assume the res- ponsibility is established. 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 rights -of -way; and intended as a unit for building development, or for transfer of owner- ship or both. The word "lot" includes the word "plot", "parcel", and "tract". Corner Lot- A lot situated at the intersection of two (2) streets, and the interior angle of suchintersectionnot ex- ceeding 135 degrees. Through Lot (Double Frontage)- A lot other than a corner lot having frontage on two or more streets or two portions of the same street. Official Map- The map established by the City Council showing the streets, highways, and parks thereafter laid out, adopted and estab- lished by law and any additions resulting from the approval of sub- division plats. Owner- Any person, partnership, corporation, or corporations, or other legal entity having legal title to the land sought to be sub- divided under this ordinance. Plat- A map or drawing depicting a complete and exact representation of the division of land into lots, blocks, parcels, tracts, sites, or other divisions. Right-of-way- Land occupied or intended to be occupied by a street, alley, walkway, drainage facility, water main, electric transmission line, sanitary or storm sewer facility, access for ingress or egress, -5- or other purposes by the public, certain designated individuals, or governing bodies. Street- A public vehicular right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, etc., but excepting driveways to buildings and easements of ingress and egress. Arterial- A major, high -capacity street which carries large volumes of through -traffic between regional urban areas. Collector- A street which, in addition to providing access to abutting properties, carries traffic between local streets, and the system of arterial streets, and highways. Cul-de-Sac- A local street of relatively short length with one end open, and the other end terminating in a vehicular turnaround for the safe and convenient reversal of traffic movement. Local- A street of limited continuity used primarily for access to abutting properties and not for through -traffic. Marginal Access- A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties, and protection from through -traffic. Public Street- A vehicular right-of-way that has been dedicated to and accepted by the City Council for maintenance. Subdivider- Any person, firm, partnership, association, corporation, estate, or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined. Subdivision- All divisions, and redivisions of land whether improved, or unimproved into two (2) or more contiguous lots, building sites, parcels, units, or interests,lfor the immediate or future purpose of sale, lease, or development, including all divisions of land involving the dedication of a new street or change in an existing street or the extension of municipal water, sewer, or other public improvements for WE o which the City may ultimately assume responsibility for maintenance. Subdivision includes the division and redivision of residential and non -residentially zoned land. Minor Subdivision- Division or redivision of a parcel of land in single ownership whose entire area is two (2) acres or less, into not more than (3) lots if all of the following requirements are met: (1) All resultant lots or parcels front on an existing public street and; (2) Does not involve the construction of any new street, or road or change in an existing street or road and; (3) Does not require the extension of municipal water or sewer. or the creation of any public improvement. Subdivision Sketch Plan- A drawing, not necessarily to scale, which shows a conceptual layout of the proposed subdivision. Subdivision Plat, Preliminary- A drawing to scale, and other support- ing date, of a proposed subdivision prepared for the purposes of estab- lishing the overall general layout and design for the provision of streets, lots, blocks, and the location, plans and specifications for streets, utilities, and other improvements. Surveyor- A land surveyor duly registered in the State of Florida. To Plat- To divide or subdivide land into lots, blocks, parcels, 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 Volusia County. Use- The specific purposes for which land or structure is designated, arranged, intended, or for which it is or may be occupied or maintained. Utilities- Includes but is not limited to water systems, electrical power, sanitary sewer systems, stormwater management systems, gas systems, telephone and television cable systems, and street lighting. Waterway- A channel, creek, ditch, drainage way, dry run, spring, stream, river, canal, but not a lake, pond, or pool without a water outlet. Zoning Board- The Edgewater Zoning Board. -7- o ARTICLE VII. Procedure for Subdivision Approval (A) Minor Subdivisions A minor subdivision of land as defined in these regulations shall not be subject to formal preliminary and final plat review pro- cedures, but shall be subject to the following requirements: (1) Submission to the Planning Department of three (3) copies of a survey sketch, attested to by a registered surveyor, showing lot dimensions, north point, names and dimensions of abutting roads or streets and all easements. (2) A copy of the legal description of each lot or parcel and all covenants. (3) A completed application form upon which the City Engineer has certified that the lots are served by public water and sewer facilities. (Appendix A, Exhibit 1) (4) After determination by the Zoning Board at a regularly scheduled meeting that the subdivision meets the minor sub- division criteria and the above requirements, the Chairman shall sign two copies of the survey sketch, one of which shall be filed with the Clerk of the Circuit Court by the developer. It is the intent of this section not to permit the subdivision of contiguous land under single ownership as separate minor subdi- visions of land. (B) General Before any land under the jurisdiction of these subdivision regu- lations is to be subdivided which will require any new street, alley, 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 approved by the Zoning Board and the City Council according to the procedures established herein. (C) Site Plan Approval Under Zoning Ordinance The proposed subdivision shall also be subject to all the require- ments of site plan approval set forth in the Zoning Ordinance, if applicable. Site plan approval may proceed simultaneously with subdivision approval at the discretion of the Zoning Board. O J ,,(D) Pre -application Procedures (1) Prior to the preparation of the preliminary plat, the sub- divider shall confer with the Building Official, the City Engineer, and the Planning Director to become familiar with the regulations affecting the land to be subdivided. (2) Subdivision Sketch Plan At least fifteen (15) days prior to a regular meeting of the Zoning Board, the subdivider may submit in writing to the Zoning Board, a sketch plan for the proposed overall development of the subdivision. This procedure is optional and does not require formal application or fee and shall include the following exhibits: (a) Drawings at an approximate scale of one -hundred (100) feet to one (1) inch showing tentative street layout, approximate rights -of -way widths, general lot arrange- ment, and total acreage. (b) Existing structures, streets, waterways, wooded areas, flood plains, swamps or wetland, areas,_ existing zoning of the site and its vicinity. (c) Proposed land uses, density (dwelling units per acre), and areas that may be reserved for park, recreation, school sites, or natural open space areas, and app- ropriate information to make a fair presentation of the proposed development. (3) Zoning Board Action The Zoning Board shall review the Sketch Plan for conformity with the Comprehensive Plan, the Zoning Ordinance, and these regulations. Approval of the sketch plan shall indicate acceptance of the general overall development scheme. The Zoning Board may require further changes in the subdivision as a result of further study of detailed information in the preliminary plat. The Subdivider or his agent shall attend the Zoning Board meeting at which the sketch plan is to be discussed to IM explain the proposed development. (E) Preliminary Plat Procedure Submission and approval or conditional approval of a preliminary plat and construction plans shall be a pre -requisite to the development of any subdivision, other than minor subdivisions as defined herein. The preliminary plat shall be submitted before the final plat and shall include the overall preliminary design for the entire area that is proposed to be subdivided and/or developed. (1) Application for Preliminary Plat Approval The Subdivider shall submit to the Planning Department at least fifteen (15) days prior to a regularly scheduled meeting of the Zoning Board: (a) A completed application form (Appendix A, Exhibit 2). (b) Eight (8) black, or blueline prints and one (1) reproducible copy of the preliminary plat and eight (8) copies of the required exhibits. (c) Two (2) statements describing the proposed use of the land signed by the subdivider or his agent and a draft of any protective covenants to be applied to the sub- division. (2) Fees At the time of submission of the preliminary plat, the sub- divider shall pay to the City Clerk a fee of sixty dollars ($60), or one dollar ($1) per lot, whichever is greater for the purpose of administration and for holding a public hearing on the preliminary plat. (3) Review Comments The Planning Department shall transmit one (1) copy of the preliminary plat to the City Engineer, Building Official, Police Chief, Fire Chief, Florida Power & Light, Southern Bell Telephone, City Attorney, and other appropriate agencies. Each of these agencies shall review the preliminary plat and submit written reports which shall comment on factors relating to the plat which bear upon the public interest. -10- (4) Public Hearing The Zoning Board shall hold a public hearing on the pre- liminary plat with due public notice. The subdivider or his duly authorized representative shall attend the meet- ing of the Zoning Board to discuss his preliminary plat. (5) Zoning Board Review The Zoning Board shall review the preliminary plat, required exhibits, and the review comments to determine conformity with the Comprehensive Plan, the Zoning Ordinance, and these regulations. In addition, particular attention shall be given to the arrangements, locations, and width of streets, their relation to the topography of the land, soil conditions, water supply, sewage disposal, drainage, lot sizes, and their arrangement, and the present or future development of adjoining lands. (6) Zoning Board Action Upon completion of its review, the Zoning Board shall take one of the following actions: (a) Issue a certificate of preliminary plat approval, (Appendix A, Exhibit 3). (b) Issue a certificate of conditional plat approval, subject to any necessary modifications which shall be noted on the preliminary plat or attached to it in writing and signed by the Zoning Board Chairman. (c) Disapproval of the preliminary plat or any portion thereof, stating the reasons for such action in writing and reference to the specific articles of this ordinance with which the preliminary plat does not comply. The subdivider may reapply for preliminary plat approval in accordance with the provisions of this section. (7) Notification of Action The action of the Zoning Board 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 Planning Department. O O (8) Automatic Approval Failure of the Zoning Board to approve, approve with con- ditions, or disapprove the properly submitted and completed preliminary plat within sixty (60) days after submission thereof, shall be deemed to be approval of the plat and a certificate of preliminary plat approval shall be issued, by the Zoning Board on demand, unless the subdivider consents to an extension of time. (9) Effect of Approval Approval of the preliminary plat shall not be construed as authority for filing of the plat with the Clerk of the Circuit Court of Volusia County nor as authority for the sale of lots in reference thereto, but shall be deemed an expression of approval of the layout submitted 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 Zoning Board prior to the expiration; otherwise the subdivider must reapply for preliminary plat approval in accordance with the provisions of this section. (F) Preliminary Plat Specifications and Exhibits The preliminary plat shall be drawn clearly. and legibly at a scale of at least one (1) inch equals one -hundred (100) feet by a registered surveyor and/or by a registered professional engineer showing graphically or by surveyor or engineering notes, the following information: (1) General Information: (a) Proposed name of subdivision. (b) Name, address, and telephone number of the subdivider, agent of the subdivider and professional engineer. (c) Name and registration number of surveyor. (d) Date of survey, north point, graphic scale, date of plat drawing, and space for revision dates. (e) Surveyor's certificate of accuracy. (f) Vicinity map showing the relationship between the area proposed for development, major roads, and the surrounding area. -12- no 0 (g) Boundaries of the tract by bearings, distance, closures, and bulkhead lines. (h) Legal description of the tract to be subdivided. (i) Existing zoning classification and land uses on and abutting the tract . (j) Names of adjoining subdivisions and/or property owners and their approximate acreages. (2) Existing Site Data (a) City limit lines (if any), existing streets, utilities, and easements on and adjacent to the tract, including the location and size of sewers, ditches, culverts, water mains, and bridges. (b) Other existing improvements including buildings on and adjacent to the tract. (c) Soils survey map of the site. (d) Existing natural features including lakes, marshes, or swamps, water courses, land subject to flooding, wooded areas, general vegetation, and other physical conditions affecting the site. (e) Existing topography of the site at one (1) foot ver- tical contour intervals based on mean sea level data furnished by a professional engineer or surveyor. (3) Proposed Site Data (a) Preliminary layout including streets, alleys, and proposed street names, lot lines, with approximate dimensions, land to be reserved or dedicated for public uses, and all other proposed land uses. (b) Block letters and lot numbers. (c) Schematic and/or typical layout of buildings on individual lots. (d) Minimum building setback lines. (e) Proposed method of water supply, sewage disposal, street lighting, and surface drainage with direction of flow and proposed method of stormwater management. (f) Required permits from State and Local regulatory agencies if any dredging or filling operation is -13- C intended in the development of the area. (g) Existing and proposed covenants and restrictions. (h) Inscription stating "NOT FOR FINAL RECORDING". (1) Landscaping and tree managment plan,(Article IX (B) (15)'). (j) Any other information that may be considered necessary for full and proper consideration of the proposed sub- division. (G) Construction Plans Procedure (1) Preparation of Construction Plans Following approval of the preliminary plat, the subdivider shall submit construction plans and specifications for all proposed subdivision improvements. These construction plans must be prepared in conformance with specifications and standards of Appendix C, by a professional engineer registered in the State of Florida. (2) Submission and Review of Construction Plans The subdivider shall submit two (2) sets of prints of the completed construction plans to the City Engineer. If the construction plans are consistent with the approved pre- liminary plat and comply with all standards and specifications, the City Engineer shall notify the subdivider and the Planning Department in writing, of construction plan approval. (Appendix A, Exhibit 4). If the construction plans are not consistent with the approved preliminary plat, or do not comply with all standards, the City Engineer shall notify the subdivider of: (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 Approval of the construction plans is authorization to proceed with installation of any improvements required, and -14- ` to proceed with the preparation of the final plat or unit division thereof, subject to the posting of a surety device (Appendix A, Exhibit 5) as follows: (a) The final plat may be recorded prior to the installation of improvements provided surety in the form of a performance bond, trust, deed, or escrow agreement approved by the City Attorney, and the City Council is filed with the Clerk of the Circuit Court of Volusia County. Such surety shall cover at least one -hundred -ten (110) percent of the cost of all required improvements, such as streets, utilities, and drainage, including landfill with estimates provided by the subdivider and approved by the City Engineer. The surety shall be conditioned upon the faithful performance by the subdivider of all work required to complete all improvements in the subdivision or unit division thereof, in compliance with these regulations and shall be payable to, and for the indemnification of the City of Edgewater. When- ever cash, or certified or cashier's check is deposited as security for performance of the bond,: the bond instrument may provide that portions of the security deposit, propor- tionate to the work completed, may be released to the sub- divider from time to time as work progresses; but the amount to be released shall be determined by the City Engineer. (4) Posting of Maintenance Bond A maintenance bond (Appendix A, Exhibit 6) in the amount of ten (10) percent of the total cost of all required street, utility, and drainage improvements shall be posted as a condition to final approval by the City Council. Such maintenance bond will be re- turned to the subdivider at the end of one (1) year from the date of final inspection and approval of the required improvements by the City Engineer. (Appendix A, Exhibit 7) (5) Sectionalizing Subdivisions The Zoning Board may permit final plat approval of parts of the subdivision as are to be developed at one time -15- and may require that the performance bond or any other surety be in such amount as is commensurate with the section or sections of the plat to be filed. Such sections must contain at least ten (10) percent of the total number of lots or area in the subdivision. All sections must receive final approval within one (1) year of preliminary plat approval. (H) Construction Plan Specifications Plans for the required improvements shall be approved by the City Engineer prior to construction and only after approval of the preliminary plat by the Zoning Board. Such improvement plans shall show the proposed locations, size, type, grade, and general design features of each facility, and shall be used upon reliable field data. (1) Improvement Construction Drawings Two (2) blueprint drawings shall be submitted to the City Engineer; shall be referenced to the name and unit number of the proposed subdivision; shall show the date prepared, elevations based on mean sea level datum, and shall show the following information: (a) Street Profiles- The plan and profile of each pro- posed street centerline with tentative finish grades indicated. (b) Street Cross -Section- A cross-section of each proposed street showing the width of pavement, the location and width of sidewalks, where required and rights -of -way. (c) Water Supply, Sewers, and Stormwater Drainage- The plans and profiles of proposed water distribution systems, sanitary sewers, and stormwater management systems with grades and sizes indicated. (2) Minimum Construction Specifications Minimum construction specifications shall be as specified in Appendix C. (I) Final Plat Procedure (1) General No lots shall be sold and no street accepted and maintained by the City of Edgewater, nor shall any permit be issued by -16- Building Official for the construction of any building within such subdivision unless and until the final plat has been approved by the Zoning Board and the City Council and duly recorded by the Clerk of the Circuit Court of Volusia County. The final plat shall conform substantially to the preliminary plat as approved by the Zoning Board and shall incorporate all modifications and revisions specified in the approval of the preliminary plat. (2) Application for Final Plat Approval After preliminary plat approval by the Zoning Board, and installation of all required improvements or the posting of a surety bond, the subdivider shall, within twelve (12) months, submit to the Planning Department at least fifteen (15) days prior to the meeting of the Zoning Board the following: (a) A letter requesting review and approval of the final plat. (b) The original linen or mylar tracing of the final plat and two (2) reproducible linen or mylar copies. (c) Five (5) printed copies of the final plat with signed certification and other documents as specified herein, and as required for recording by the Clerk of the Circuit Court of Volusia County. (d) An application fee paid to the City Clerk of two percent (2%) on the first $50,000 of the required improvements for that part of the subdivision for which final approval is sought; and one percent (1%) of the next $50,000, and one-half of one percent (112 of 1%) of the remainder as determined by the sub- divider and approved by the City Engineer to defray the expense of investigating and acting upon the final plat. (3) Zoning Board Review The Zoning Board shall review and take final action on the final plat within forty-five (45) days after the plat is submitted to the Planning Department. Failure of the Zoning Board to take such action will constitute automatic approval of the final plat. -17- o Before acting on the final plat, the Zoning Board shall receive a written report (Appendix B, Exhibit 3) from the City Engineer certifying compliance with or noting deviations from the approved preliminary plat and the requirements of these regulations. If substantial errors are found in the accuracy of the final plat, the subdivider shall be responsible for corrections in the survey or the final plat. (4) Zoning Board Action If the final plat meets all requirements of these regulations and complies with the approved preliminary plat, the Zoning Board shall approve the final plat and indicate its approval on each copy by signature of the Zoning Board Chairman. Upon approval by the Zoning Board, the final plat shall be referred to the City Council for final action. If the final plat is disapproved by the Zoning Board, the reason for such action shall be specified in writing. One (1) copy of such reasons shall be retained by the Planning Department and the other transmitted to the subdivider. The subdivider may make the recommended changes and resubmitt the final plat to the Zoning Board. (5) City Council Action If the final plat meets all the requirements of these regulations and complies with the approved preliminary plat, the City Council shall approve the final plat, and indicate its approval on each copy by signature of the Mayor. If the final plat is disapproved by the City Council, the reasons for disapproval shall be stated in writing. A copy of such reasons shall be sent to the Planning Department and to the subdivider. The subdivider may make the necessary changes and resubmit the final plat to the City Council. (6) Recording of Final Plat Upon approval of the final plat by the City Council, the original linen or mylar tracing of the final plat shall be recorded with the Clerk of the Circuit Court, by the City Clerk with all recording fees paid by the subdivider. M 0 0 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 any private covenants or deed restric- tions shall be provided by the subdivider for the records of the Zoning Board. One (1) reproducible copy of the final plat shall be retained by the Planning Department and one (1) copy by the City Engineer. (J) 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. 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 comply with the requirements of Chapter 177, Florida Statutes and contain the following: (1) Name of Subdivision. (2) Name and address of subdivider. (3) North point, graphic scale and date. (4) Vicinity map showing location and acreage of the subdivision. (5) Exact boundary line of the tract determined by field 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) Names of owners of adjoining land with their approximate acreages. (8) Locations of streams, lakes, swamps, and land subject to flooding. (9) Bearing and distance to permanent points on the nearest exist- ing street lines or bench marks or other permanent monuments (not less than three) shall be accurately described on the plat. (10) Municipal and county lines shall be accurately tied to the. lines of the subdivision by distance and angles when such lines transverse or are reasonably close to the subdivision. _19- (11) The closest land lot corner shall be accurately tied to the lines of the subdivision by distance and angles. (12) Location, dimensions, and purposes of any land, reserved, or dedicated for public use. (13) Exact locations, widths, and names of all streets and alleys within and immediately adjoining the new subdivision. (14) Street right-of-way lines showing angles of deflection, angles of intersection, radii, and lines of tangents. (15) Lot lines shall be shown with dimensions to the nearest one - hundredth (1/100) foot and bearings. (16) Lots shall be numbered in numerical, order and blocks lettered alphabetically. (17) Accurate location and description of monuments and markers shall be described on the plat. (18) Minimum building front yard setback lines. (19) Reference to recorded subdivision plats adjoining platted land shall be shown by record name, plat book, and page number. (20) Covenants, and restrictions. (21) Signed Certificates. The following certificates shall appear on the final plat. Certificates a, b, c, shall. — be properly signed before the final plat is submitted to the Zoning Board, and certificates d, e, and f shall be properly signed after the final plat is approved by the Zoning Board and City Council. (a) Certificate of Surveyor (Appendix B, Exhibit 1). (b) Certificate of Ownership and Dedication (Appendix B. Exhibit 2). (c) Certificate of Approval by the City Engineer (Appendix B. Exhibit 3). (d) Certificate of Approval by the Zoning Board (Appendix B, Exhibit 4). (e) Certificate of Approval by the City Council (Appendix B, Exhibit 5). -20- o ARTICLE VIII. Required Improvements (A) General All required improvements shall be provided by the subdivider at his expense. All plans and specifications for the required imp- rovements shall be designed by a registered professional engineer and approved by the City Engineer prior to construction. The City Engineer shall receive notice in adequate time to arrange for inspection of the improvements prior to beginning of construction and at approximate staged intervals thereafter. The City Engineer may require laboratory or field tests at the expense of the developer when appropriate. Any failure of work or materials to conform with the plans and specifications or failure to notify the City in time for indicated inspections may be cause for the City Council to reject the facilities. (B) Monuments (1) Permanent Reference Monuments Permanent reference monuments shall be placed as required 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 finish grade. (2) Permanent Control Points Permanent control points shall be set along the street right- of-way or block lines at the "PC's", "PT's", "PRC's", "PCC's", and other changes in direction, excluding those points located by "PRM's". (C) Streets The following requirements shall apply to all streets within the subdivision: (1) Grading. All streets shall be graded at their full right- of-way width in accordance with the specifications of Appendix C. (2) Paving. Road base and paving shall be installed in accordance with the specifications and standards of Appendix C. (3) Curbs and Gutters. A system of curbs and gutters shall be installed by the subdivider in accordance with Appendix C, unless it can be demonstrated that the provisions -21- , of curbs and gutters at the proposed site is inconsistent with best stormwater management practices and performance standards of Appendix D. (D) Bridges Bridges shall be designed by a registered professional engineer in accordance with the official plans of the City. (E) Sidewalks A system of sidewalks shall be provided by the subdivider to provide for safe movement of pedestrians separate from motor vehicle traffic. Sidewalks shall be provided within the dedicated right- of-way along both sides of all arterial streets, at least one side of all minor and collector streets, and along all streets where adjacent land is zoned and/or otherwise designated to be used for multiple family dwelling purposes, commercial, and/or office purposes. As an alternative, in residential areas, sidewalks may be provided within rear lot easements, or common open space areas. Sidewalks shall meet the minimum standards of Appendix C. (F) Stormwater Management (1) General A complete storm water management system shall be provided for all areas of the subdivision, and for handling storm water runoff that flows into or across the subdivision from the outside. The system shall be designed in accordance with the performance standards of Appendix D, and shall be subject to approval by the City Engineer. (G) Utilities Utility lines of all kinds, including but not limited to those of franchised utilities, electric power and light, telephone, cable television, water, sewer, and gas shall be constructed and installed beneath the surface of the ground within new residential sub- divisions, unless it is determined by the City Engineer that soil, topographical or other compelling conditions make the installation of such line impractical. Sanitary sewer, water systems shall be designed by a registered professional engineer in accordance with the standards and speci- fications of Appendix C, installed by the sub- divider and approved by the City Engineer. The subdivider shall secure the necessary permits for the installation of water and sewer lines and facilities from the regulatory agencies with jurisdiction. (1) Sanitary Sewer (a) Connection to Existing System If the public sanitary sewer system is located with- in a reasonable distance of the proposed subdivision as determined by the City Engineer, the subdivider shall install the necessary on -site and off -site improvements to connect the subdivision to the public sewer system; with connections to each lot extended to the lot line. Where the sewer improvements and facilities are designed to serve a greater area than the proposed subdivision, the City may participate in the cost of such improve- ments as determined by the City Council. (b) Package Treatment Plant If the proposed subdivision is not located within a reasonable distance of the public sanitary sewer system, the subdivider shall construct a package treatment plant on site, meeting all the requirements of the regulatory agencies with jurisdiction. The City will be responsible for all maintenance and operation of the package treatment plant and will collect the sewer charge proportionate to the cost of such operation and maintenance. (c) Capped Sewers If the size, density, and character of the proposed subdivision makes the construction of a package treat- ment plant impractical, the subdivider shall provide individual septic tank systems and shall install the necessary sewer collection system which shall be capped until such time as connection to the public sanitary system becomes available. -23- (2) Water Supply The subdivider shall install or have installed a system of water mains and connect to the public water supply for domestic water use and fire protection. Fire Hydrants shall be installed at the subdivider's expense at locations to be determined by the City Engineer. The installation of such mains and connection to each lot shall be installed prior to the paving of streets. (3) Street Lighting The subdivider shall cause street lights to be installed at locations approved by the City Engineer and accep- table to the utility company which has responsibility for maintenance. (H) Street Name Signs All streets shall be designated by name on a metal street sign post approved by the City Engineer. At cross-section inter- sections, two street sign posts shall be located diagonally across the intersection from each other. Only one street sign post shall be required at T-street intersections. ARTICLE IX. Design Standards (A) General All lands included within the subdivision shall be suitable for various purposes proposed in the request for subdivision approval. Further, no subdivision plan shall be approved unless the City 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 suit- able in the circumstances of the particular case. (1) Conformity with Comprehensive Plan The subdividing and development of any areas subject to these regulations shall be in conformity with the general goals and objectives of the City with respect to any officially adopted Comprehensive Plan, the official map which depicts the thoroughfare plan; existing zoning requirements; includ- ing all amendments thereto; policies and plans established by the City with respect to water supply, waste disposal, -24- and other essential utilities. (B) Lots and Blocks Lots and blocks shall be designed according to acceptable practice for the type of development and use contemplated; in keeping with the topography and other site conditions and to provide adequate traffic andutility access and circulation; appropriate use of space, provide privacy, adequate drainage, and protection of property. (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 develop- ment and use contemplated. Lot dimensions shall not be less than the minimum standards established in the Zoning Ordinance. Lots in residential districts which abut arterial streets shall have a minimum depth of one -hundred - fifty (150) feet with a building setback line established at a minimum distance of seventy-five (75) feet from the arterial street right-of-way line unless marginal access streets are provided. Width and area of lots laid out for industrial and commercial purposes shall be adequate for the type of development contemplated and adequate to provide off-street parking, loading, and service facilities as specified in the Zoning Ordinance. (2) Access Each lot shall abut on a public street for a distance of at least twenty (20) feet. The subdivision shall be so designed that remnants and landlocked areas shall not be created. (3) 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. (4) Double Frontage Lots Double frontage, and through lots, shall be avoided except where essential to provide separation of residential develop- ment from traffic arteries or to overcome specific disadvant- -25- ages of topography and orientation. (5) Block Lengths Block lengths shall not exceed fourteen -hundred (1,400) feet or be less than three -hundred (300) feet. (6) Streets The arrangement, character, extent, width, grade, and location of all streets shall conform to the Comprehensive Plan, now in existance 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 existance or as may hereafter be 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 impractical. All streets to be established within a subdivision shall meet the following minimum design standards: (a) Local Streets Local streets shall be laid out so that use by through - traffic will be discouraged. (b) Subdivisions on Arterial Streets Where a subdivision abuts or contains an existing or proposed arterial street, the subdivider shall provide marginal access streets, reverse frontage lots with planting screen contained in a non -access reservation along the rear property lines; or such other treatment as may be necessary for adequate protection of residen- tial properties and to afford separation of through -26- Minimum right- of-way Minimum Center line radii for horizontal curves and local traffic. (c) Intersection Design Streets shall be laid out to intersect as nearly as possible at right angles and no street shall inter- sect any other street at less than sixty (60) degrees. Street jogs at intersections with centerline 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 pro- hibited. A minimum sight distance of two -hundred (200) feet from any intersection shall be maintained on intersecting streets, however, this requirement shall not be construed as requiring an increase in the mini- mum allowable intersection separation of 150 feet. (d) Minimum Street Design Specifications All streets to be established in a subdivision shall be graded to their full required right-of-way width and designed in accordance with Appendix C and the following minimum specifications: Arterial Streets 108 ft 500 ft Percent of roadway Centerline grades: Maximum: 6% Minimum: 0.24% Collector Local Streets Streets 70 ft. 50 ft. 200 ft. 100 ft. 8% 10% 0.24% 0.24 % Margional Streets 50 ft. 75 ft. 10% 0.24% (e) Cul-de-sacs Cul-de-sacs shall be provided with a turnaround having an outside roadway diameter of at least 80 feet, and a street property line diameter of at least 100 feet. Cul-de-sacs shall have a maximum length of 800 feet including the turnaround and a minimum paved surface diameterofeighty-four.(84)feet. -27- d � (f) Street Access to Adjoining Property Street stubs to adjoining unplatted areas shall be provided when required to give access to such areas or to provide for proper traffic circulation. Street stubs in excess of 250 feet shall be provided with a temporary cul-de-sac turnaround. The developer of the adjoining area shall pay the cost of restoring the street to its original design cross-section and extending the street. (g) Street Names Street names shall not be used which will duplicate, be phonetically similar, 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 such exist- ing streets. All courts and circles shall have one name only. (8) Alleys In single family residential districts, alleys shall be discouraged, but may be required in other than residential districts to provide for proper traffic circulation. When provided in any district, alleys shall have a minimum right-of-way width of thirty (30) feet. (9) 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 within rear lot ease- ments or common open space areas. (10) Easements Easements for utilities, including water, sewer, electric, telephone, and gas and drainage easements shall be pro- vided 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 ease- ments. Side lot line easements may be decreased to M. , ten (10) feet in width when serving a single electric or telephone utility. (b) Drainage Where a proposed subdivision is transversed by or abuts a watercourse, drainage way, or stream, there shall be provided a storm water easement or drainage right-of-way which shall conform substantially with the limits of such water course, drainage way, canal, or stream, and such further width or construction or both, as will be adequate for the purpose. Where a drainage way or canal exists or is proposed, a main- tenance easement approved by the City Engineer shall be provided. (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 easement of right- of-way width of one -hundred (100) feet, except where adequate seawalls are provided, the minimum right- of-way width may be reduced to sixty (60) feet. (11) Public Sites and Open Spaces Where a proposed school site, park, playground, or other public area shown on the adopted Comprehensive Plan is located in whole or part within the proposed subdivision, such sites shall be indicated on the preliminary plat. As a condition for the approval of the preliminary plat, the City Council shall require the dedication to the public of such reasonable portions of such public sites as are attributable by the City to the demand created by the sub- division. In any event, a minimum of five percent (5%) of the gross land area of the subdivision shall be dedicated to the public use. At the discretion of the City Council, the developer may be required to pay in cash an amount equal to the fair market value of the required land, said fair markert value to be established on the basis of the value of the platted land without improvements. -29- o (12) Access to Water Bodies Whenever a subdivision is situated with a property front- age of one thousand (1,000) feet or more abutting the shore- line of an ocean, gulf, lake, or navigable waterway, the subdivider shall provide adequate public access to the shore- line at intervals of not more than 1,000 feet by desig- nation of public access easements having widths of not less than twenty-five (25) feet. (13) 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 City Council may require dedication of same to the City, with such conditions it may impose as to maintenance and upkeep; or may require that the subdivider shall perpetually main- tain said entrance areas by the creation of a trust fund to bear cost of same or such other provisions assuming perpetual care. The City Council may impose any condition or restriction it deems in the public interest upon any entrance area it may authorize under this ordinance, in- cluding restrictions of improvements placed thereon. (14) Submarginal Lands Where lands subject to these regulations are located in special flood hazard areas as identified in the latest edition of the Hazard Boundary Map as established by the Department of Housing and Urban Development, Federal Insurance Administration, all buildings shall be subject to the requirements of Ordinance 900, dated December 16, 1974. The subdivider shall demonstrate thatsoil properties existing on the land to be subdivided are conducive to the type of development contemplated and/or specify action which will be taken during the installation of required improvments to correct any unsuitable soil condition. (15) Landscaping and Tree Management Prior to preliminary plat approval, the subdivider shall submit in writing a Landscaping Plan, indicating the over- -30- C � all proposed landscaping and treatment of open and common areas. The subdivider shall demonstrate that to the greatest extent practical, existing trees shall be protected and/or new trees planted to establish the maximum percent of lot crown cover. ARTICLE X. Variances Exceptions, and Appeals (A) Variances The Zoning Board may grant a variance from the terms of this Ordinance when such variance will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the Zoning Board unless and until: (1) A written application,(Appendix E), for a variance is sub- mitted by the subdivider to the Zoning Board demonstrating: (a) That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements; (b) That the special conditions and circumstances do not result from the actions of the applicant, and (c) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions on neigh- boring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. (2) The Zoning Board shall make written findings that the requirements of this section have been met. (3) The Zoning Board shall further make a finding that the reasons set forth in the application justify the granting of the variance that would make possible the reasonable use -31- of the land, buildings, and other improvements. (4) The Zoning Board shall make further a finding that the granting of the variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public. (5) A public hearing on the proposed variance shall be held by the Zoning Board, after due public notice. The public hearing may be held prior to or simultaneously with the public hearing for approval of the preliminary plat. (6) The Zoning Board shall submit its written findings and recom- mendations to the City Council for action. In granting any variance, the City Council may prescribe appropriate conditions and safeguards in conformity with this ordinance. violations of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of this ordinance. (B) Exceptions The standards and requirements set forth in these regulations may be modified by the Zoning Board in the case of a planned unit development, group development, large-scale community develop- ment, or commercial or neighborhood development which is not subdivided into customary lots, blocks, and streets, which in the judgement of the Zoning Board provides adequate public spaces, and improvements for the circulations, recreation, light, air, and service needs of the tract when fully developed and pop- ulated, and which also provides such covenants or other legal provisions as will assure conformity to and implementation of the Comprehensive Plan. In granting such modifications, the Zoning Board shall require such reasonable conditions and safeguards in conformity with this ordinance. Before granting such modifications, a public hearing will be held by the Zoning Board with due public notice. -32- a (C) Appeals Any person aggrieved by the Zoning Board's decision regarding a Preliminary or Final Subdivision Plat, or the Zoning Board's decision regarding any variance or exception, may submit in writing, an appeal to the City Council specifying grounds for appeal. Such appeal shall be noted to the City Clerk within fifteen (15) days after the action is recorded in the minutes of the Zoning Board, and shall be heard within thirty (30) days after notice to the City Clerk at a regularly scheduled meeting of the City Council. The City Clerk shall give due notice of the hearing by certified mail to the subdivider appealing and to the Zoning Board. The City Council may hear testimony and may sustain, alter, or set aside the action of the Zoning Board. ARTICLE XI. Enforcement Provisions (A) Violation a Misdemeanor Any person, who being the owner or agent of the owner of any land located within the City or within the platting jurisdiction granted to the City, thereafter transfers or sells such land, or any part therof, before such subdivision has been approved by the Zoning Board, City Council, and recorded in the office of the Clerk of the Circuit Court of Volusia County, Florida, and any person to whom such transfer of sale is made, shall be guilty of a misdemeanor, and shall be punished accordingly; and the description by metes, and bounds in the process of selling or transferring shall not exempt the transaction from constituting an offense hereunder. The City, through its City Attorney or other official designated by the City Council, may enjoin such transfer or sale by action for injunction, whether or not the violator has been charged with or found guilty of a violation. (B) Erection of Buildings and Issuance of Permits No building shall be erected on a lot or parcel of land subject to these regulations, nor shall any building permit be issued therefore unless one of the following conditions exist: (1) Such lot or parcel is within a subdivision for which a final plat has been approved by the City Council and the required -33- C C improvements have been installed and accepted by the City Council. However, buildings may be erected concurrently with the construction of the required improvements if a bond has been posted as provided for in these regulations. (2) Such lot or parcel abuts a public street which has been dedicated to and accepted by the governing body and meets the requirements of a minor subdivision as defined herein. (3) A variance has been granted pursuant to ARTICLE X. ARTICLE XII. Amendments (A) Amendment Procedure This ordinance may be amended from time to time by the City Council, but no amendment shall be effective unless it shall have been proposed by or shall have been submitted to the Zoning Board for review and recommendation. The Zoning Board shall have thirty (30) days within which to submit its report. If the Zoning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment. ARTICLE XIII Adoption Procedure for Technical Specifications and Standards The City Council shall adopt from time to time, by resolution, technical specifications and standards pursuant to this ordinance controlling construction practices and materials and any policies applicable. Amendments to the technical specifications and standards may be made by setting forth the amendment in a resolution revising said technical specifications and standards or by reference to any document or documents, which shall by virtue of said amending re- solution, stand approved and adopted and which shall be certified by the City Clerk for appropriate notation referring to the amending resolution. ARTICLE XIV. Appendix Authorized There may be attached to any copies of this ordinance used for public information and guidance an appendix containing all or any of the -34- 0 0 following: Any technical specifications and standards adopted as aforesaid; a true copy of the thoroughfare plan; public facilities plan; park and recreation plan and any other plans legally adopted by the City as part of the Comprehensive Plan; and any other app- ropriate addenda. ARTICLE XV. That all Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed. ARTICLE XVI. This Ordinance shall take effect immediately upon its adoption by the City Council and approval as provided by law. ARTICLE XV1I. The City Clerk is hereby directed to advertise this Ordinance as required by law. The first reading of the above Ordinance was read in full and passed by a voteof the City Council of Edgewater, Florida, at a regular meeting of said Council held on theday of 1979 and approved as provided by law. The second reading of said Ordinance to be at a meeting of the City Council to be held on the day of WA,&e/ ,A.D., 1979, Roll Call Vote being as follows: ATTEST: FIRST READING Counc an -35- ATTEST: SECOND READING ' ity Clerk Approved this 7V- day of A.D.. 1979 Mayor i , -36- APPENDIX A Exhibit 1 Minor Subdivision Application Exhibit 2 Application for Preliminary Plat Approval Exhibit 3 Certificate of Preliminary Plat Approval Exhibit 4 Certificate of Approval of Construction Plans Exhibit 5 Surety Device (a) Developer's Surety Company Completion Bond (b) Developer's Cash Completion Bond Exhibit 6 Maintenance Bond Exhibit 7 Inspection of Improvements by City Engineer r, EXHIBIT 1 C CITY OF EDGEWATER APPLICATION FOR MINOR SUBDIVISION APPROVAL THIS APPLICATION MUST BE COMPLETED IN FULL AND RETURNED TO EDGEWATER CITY HALL, PLANNING DEPARTMENT. EDGEWATER, FLORIDA PLEASE PRINT � PLEASE PRINT PLEASE PRINT I. A minor subdivision must meet all of the following criteria: (a) Total area of the land is two (2) acres or less and; (b) Total lots are three (3) or less and; (c) The subdivision does not involve the construction of any new street or change in an existing street or road and; (d) Does not require the extension of municipal water or sewer or the creation of any public improvement and; (e) The resultant lots front on an existing public street. II. Description of Property U (a) Total area of the land is with dimensions of feet a _acres deep and feet wide. 6 Q (b) Number of proposed lots (c) All of the proposed lots will front on (Street) III. Required Accompanying Material The following must be attached to this application: (a) Three (3) copies of a survey sketch by a registered surveyor showing all lot dimensions, north point, names and dimensions of abutting streets and all easements. (b) A copy of the legal description of each lot or parcel and all covenants (c) Section V signed and completed by the City Engineer. IV. Applicant name Date Address Phone Signed ------------------------------------------------------------------------------------- V. Water/Wastewater Service The City will will not provide water wastewater service at the described parcel of land. s w Reason for determination z z W } date City Engineer ------------------------------------------------------------------------------------- VI. Approval by the Zoning Board THIS IS TO CERTIFY, That on the Edgewater Zoning a Board approved disapproved the above as a minor subdivision. 0 m Remarks z 0 N cnairman aecrecary ------------------------------------------------------------------------------------- EXHIBIT 2 OCITY OF EDGEWATER APPLICATION FOR PRELIMINARY PLAT APPROVAL THIS FORM MUST BE COMPLETED IN FULL AND RETURNED TO EDGEWATER CITY HALL, PLANNING DEPARTMENT WITH ALL REQUIRED ACCOMPANYING MATERIAL AT LEAST 15 DAYS BEFORE A REGULAR MEETING OF THE. EDGEWATER ZONING BOARD. PLEASE PRINT PLEASE PRINT_ PLEASE PRINT I. Identification 1. Name of proposed subdivision NAME MAILING ADDRESS PHONE 2. Owner Subdivider Engineer Surveyor The owner of the property as described in the attached legal description and the undersigned agree to conform to all requirements of the Edgewater Subdivision Regulations and to all applicable City, County, State, and Federal laws. Signature of Applicant Address of Applicant Application Date II. Required Accompanying Material 1. Preliminary Subdivision Plat (See ARTICLE VII, Section E, of Subdivision Regulations). 2. Legal description of property. 3. Names of adjoining subdivisions and/or property owners. 4. Existing streets, utilities, structures. 5. Landscaping and tree management plan. 6. Existing topography, flood areas, soils and vegetation. 7. Two signed statements describing the proposed land uses. 8. Description of character of the proposed development. 9. Any other information necessary for conformance with the Subdivision Regulations. III. Fees 1. Review Fee $ 2. Received by Date IV. Action by Zoning Board 1. Preliminary Plat Approval on DATE 2. Conditional Plat Approval on subject to necessary modi- D TE fications as noted below. 3. Disapproval on for reasons noted below. DATE Signed ZONING BOARD CH IRMAN Statement of conditions for approval, nature of required modifications or condi- tions, or reasons for disapproval. I have been informed of the above determination on DATE Signed Applicant 4 EXHIBIT 3 t� CERTIFICATE OF PRELIMINARY PLAT APPROVAL BY ZONING BOARD THIS IS TO CERTIFY, That on the Edgewater Zoning Board approved the above Preliminary Plat. Chairman Secretary ------------------------------------------------------------------------------------- EXHIBIT 4 APPROVAL OF IMPROVEMENT CONSTRUCTION PLANS BY CITY ENGINEER Construction plans for the sub- division were examined and approved disapproved subject to the following modifications: Signed gineer Date ' EXHIBIT 5A DEVELOPER'S SURETY COMPANY COMPLETION BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned PRINCIPAL, and as as SURETY, are held and firmly bound unto the City of Edgewater, FLORIDA, in the penal sum of , (8 ), the true payment whereof well and truly to be made, we do bond ourselves, our respective heirs, personal representatives, successors, and assigns, jointly and severally, firmly by this Bond. The condition of this Bond is that if the improvements to be made, as shown on Subdivision Plans and Specifications dated Subdivision, shall be completed within the time specified herein or any extension thereof and in accordance with the documents and specifications contained in the Subdivision Plans, and specifications referrred to above or attached thereto, and all costs incurred in connection therewith shall be paid in full, or which surety waives notice, then this obligation shall be null and void, otherwise it shall remain in full force and effect: DATE: 19 (SEAL) PRINCIPAL (SEAL) PRINCIPAL (SEAL) PRINCIPAL BY: (SEAL) ATTORNEY -IN -FACT G EXHIBIT 5B DEVELOPER'S CASH COMPLETION BOND KNOW ALL MEN BY THESE PRESENTS: That the undersigned as PRINCIPAL is held and firmly bound unto the City of Edgewater, FLORIDA, in the case penal sum of ($ ), which sum has been deposited in escrow with the City of Edgewater, Florida, in accordance with the provisions of an Escrow Agreement of even date which is attached hereto and made a part hereof by this reference to it, does bind respective heirs, personal representatives, successors and assigns, jointly and severally, firmly by this Bond. The condition of this Bond is that the improvements to be made as shown on Subdivision Plans and Specifications dated including surveying, engineering, and land clearing, for Subdivision shall be completed within the time specified therein or any extension thereof, and all costs incurred in connection therewith shall be paid in full, and in accordance therewith and with the documents and specifications referred to therein or attached thereto, then this obligation shall be null and void, otherwise it shall remain in full force and effect. DATED: _ _ , 19 (SEAL) PRINCIPAL (SEAL) PRINCIPAL (SEAL) PRINCIPAL c o EXHIBIT 6 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That of , Florida, hereinafter referred to as Developer, as Principal, and of , State of Florida, hereinafter called Surety, as Surety, and held and firmly bound unto the City of Edgewater a political subdivision of the State of Florida, as Obligee, in the full and just sum of DOLLARS, lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Developer and surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Developer has developed a subdivision in Edgewater, Florida, known and identified as and in connection therewith has installed with the approval of the City Engineer certain roads, streets, drainage works, and for other improvements under the provisions and requirements of that certain Resolution of the City of Edgewater passed at their meeting of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Developer shall maintain said roads and other structures in first class condition for a period of one year from the date of the agree- ment by Resolution to accept said roads and other structures for main- tenance and shall replace all paving or other structures which within said one year period shall be found not to comply with said Resolution, and shall pay any and all costs or expenses incident to the performance of any work required to be performed hereunder, then this obligation to be void, otherwise to be and remain in full force and effect. Signed, sealed and dated this day of BY WITNESS A.D. 19 (SEAL) EXHIBIT 7 INSPECTION OF IMPROVEMENTS BY CITY ENGINEER I do hereby certify that I have inspected the streets, utilities, monuments, and other improvements shown on the plat of Subdivision dated and to the best of my knowledge find that the same have been constructed and installed in accordance with prescribed specifi- cations and a maintenance bond in the amount of posted and find that there are no visible defects in the materials and workmanship apparent in said improvements. CITY ENGINEER APPENDIX B FINAL PLAT CERTIFICATES Exhibit 1 Certificate of Surveyor Exhibit 2 Certificate of Ownership and Dedication Exhibit 3 Certificate of Approval by City Engineer Exhibit 4 Certificate of Approval by Zoning Board Exhibit 5 Certificate of Approval by City Council C 101 EXHIBIT 1 CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being a licensed and registered land surveyor, does hereby certify that on completed the survey of the lands as shown in the foregoing plat, that said plat is a correct representation of the lands therein described and platted; that permanent reference monuments have been placedas shown thereon as required by Chapter 177, Florida Statutes; and that said land is located in Volusia County, Florida. DATED ------------------------------------------------------------------------------------- EXHIBIT 2 JOINDER AND CONSENT TO DEDICATION (INDIVIDUAL) The undersigned hereby certifies that it is the holder of a mortgage, lien, or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the dedication of the lands described above by the owner thereof, and agrees that its mortgage, lien, or other encumbrance, which is recorded in Official Record Book Page _, of the Public Records of Volusia County, Florida, shall be sub- ordinated to the above dedication. Signed, sealed, and delivered in the presence of: STATE OF THIS IS TO CERTIFY, That on COUNTY OF before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared to me known to be the person des- cribed in and who executed the foregoing Joinder and Consent to Dedication and severally acknowledged the execution thereof to be free act and deed for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereto set my hand and seal on the date above. NOTARY PUBLIC My Commission Expires EXHIBIT 2B D E D I C A T I O N KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being the owner . . . in fee simple of the lands described in the foregoing caption to this plat, to . . . hereby dedicate said lands and plat for the uses and purposes there- in expressed and dedicate the streets, alleys, thoroughfares, parks, canals, utility easements, utility right-of-way, and drainage easements, furthermore, I dedicate a public sewer and water system shown hereon to the perpetual use of the public. IN WITNESS WHEREOF, The undersigned . . . . . . . . . . . . . . . . . . . . . . . . hereunto set . . . . . . . . . . . . . . . hand . . . . . . and seal . . . . . . . on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed and sealed in the presence of: . . . . . . . . . . . . . . . . . . STATE OF . . . . . . . . . . COUNTY OF . . . . . . . . . . . THIS IS TO CERTIFY, That on . . . . . . . . . . . . . , before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared . . . . . . . . . to me known to be in the person . . . described in and who executed the foregoing dedication and severally acknowledged the execution thereof to be . . . . . . free act and deed for the uses and purposes therein expressed. SEAL IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. . OTAR. . Y . PUBL. . IC. . . . . . . . . . . . . . . . . . N My Commission Expires . . . . . . . . . . . . . r. ti EXHIBIT 2B (Continuo JOINDER AND CONSENT TO DEDICATION (CORPORATION) The undersigned hereby certifies that it is the holder of a mortgage, lien, or other encumbrance upon the above described property and that the under- signed hereby joins in and consents to the dedication of the lands described above by the owner thereof, and agrees that its mortgage, lien, or other encumbrance, which is recorded in Official Record Book _, Page _, of the Public Records of Volusia County, Florida, shall be subordinated to the above dedication. Signed, sealed, and delivered in the presence of: y Attest: STATE OF FLORIDA, COUNTY OF THIS IS TO CERTIFY, That on before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared respectively sident and and above named corporation incorporated under the laws of the State of of the to me known to be the individuals and officers described in and who executed the foregoing Joinder and Consent to dedication and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; that the official seal of said cor- poration is duly affixed thereto, and that the said Joinder and Consent to dedication is the act and deed of said corporation. IN WITNESS WHEREOF, I have hereto set my hand and seal on the above date. NOTARY PUBLIC My Commission Expires EXHIBIT 3 CERTIFICATE OF APPROVAL OF FINAL PLAT BY CITY ENGINEER THIS IS TO CERTIFY, That this final plat complies with the requirements of the Subdivision Regulations of the City of Edgewater, Florida. DATE CITY ENGINEER ------------------------------------------------------------------------------------- EXHIBIT 4 CERTIFICATE OF APPROVAL OF FINAL PLAT BY ZONING BOARD THIS IS TO CERTIFY, That on approved by the Edgewater Zoning Board. the foregoing plat was ATTEST: H IRMANN SECRETARY EXHIBIT 5 CERTIFICATE OF APPROVAL OF FINAL PLAT BY THE CITY COUNCIL THIS IS TO CERTIFY, That on the foregoing plat was approved by the City Council of Edgewater, Florida. ATTEST: ITY CLERK • APPENDIX C CONSTRUCTION STANDARDS AND SPECIFICATIONS Construction standards and specifications for improvements shall be as specified in Ordinance 72-2 as adopted by the County of Volusia, Florida. APPENDIX D I. Storm Water Management Performance Standards Storm Water Management Systems shall be designed by a registered professional engineer who shall certify that the following per- formance standards and requirements are met and developed in accordance with the latest releases and revisions of the U. S. Department of Agriculture, Soil Conservation Service's Technical Release No. 55, entitled, "Urban Hydrology for Small Watersheds", and SCS National Engineering Handbook, Section 4, entitled, "Hydrology". (A) The hydrography produced for the developed or redeveloped site shall not exceed by more than 10% in terms of peak flow and total volume, the hydrograph produced by conditions existing before development or redevelopment for a twenty- five (25) year frequency storm. However, the first one inch of rainfall for each storm falling on all impervious areas caused by or resulting from the project shall be re- tained on site. In addition, the cumulative impact of the outflow hydrograph on downstream flow shall be considered. Runoff rates and volumes resulting from the development, in excess of existing amounts shall be accommodated in an approved manner onsite; (B) The .peak discharge resulting from a one -hundred (100) year frequency storm on the developed or redeveloped site shall not exceed the peak discharge resulting from a one - hundred (100) year frequency storm for existing conditions on the site; (C) Storm water runoff shall be subjected to best management practice prior to discharge into natural or artificial drainage systems. Best management practice shall mean a practice or combination of practices determined by the City Engineer to be the most effective, practical, means of preventing or reducing the amount of pollution generated by the project to a level compatible with Florida Water Quality Standards found in Chapters 17-3, Florida Adminis- tration Code. (D) Runoff computations shall be based on the most critical situation (rainfall, duration, distribution, and ante- cedent soil moisture condition) and conform to acceptable engineering practices using rainfall data and other local information applicable to the effected area; (E) No site alteration shall adversely affect the existing surface water flow pattern or the normal recharge capa- bilities of the site; M No site alteration shall cause siltation of wetlands, pollution of downstream wetlands, or reduce the natural retention or filtering capabilities of wetlands; (G) No site alteration shall allow water to become a health hazard or contribute to the breeding of mosquitos; (H) All site alteration activities shall provide for such water retention and settling structures and flow attAnua= tion devices as may be necessary to insure that the fore- going standards and requirements are met; and (1) Design of water retention and detention structures and flow attenuation devices shall be subject to the approval of the City Engineer pursuant to the standards hereof. -2- APPENDIX E APPLICATION FOR A VARIANCE FROM THE TERMS OF THE SUBDIVISION REGULATIONS CITY OF EDGEWATER APPLICATION FOR SUBDIVISION VARIANCE THIS APPLICATION MUST BE COMPLETED IN FULL AND RETURNED TO THE CITY HALL PLANNING DEPARTMENT. EDGEWATER, FLORIDA. PLEASE PRINT PLEASE PRINT PLEASE PRINT I. I hereby request a variance from the terms of (Applicant) ARTICLE Section _ of the Edgewater Subdivision Regulations for the Subdivision according to ARTICLE X, Section (A) owing to the following special circumstances or conditions: F- U J d Q II. The Edgewater Zoning Board hereby approves disapproves the above request for a variance from the terms of the Subdivision Regulations for the City of Edgewater on 19, following a public hearing held on 19 because of the following findings: 0 The Zoning Board hereby submits the following recommendations to the 0 City Council regarding the above request: co z 0 N