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Ordinance 002-1973 • ® • ' • • :_)) • ORDINANCE NO. 2 - 1973 AN ORDINANCE PERTAINING TO THE ADOPTION OF PLAT FILING RULES AND REGULATIONS SETTING FORTH PUR • - POSE, INTENT, AUTIIORITY, AND JURISDICTION; DEFINI- TIONS, GENERAL REQUIREMENTS, PROCEDURE FOR PLAT APPROVAL, PLATS AND DATA REQUIREMENTS, DESIGN STANDARDS, REQUIRED IMPROVEMENTS, VARIANCES, LEGAL STATUS PROVISIONS OF SAID RULES AND REGULA- TIONS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: . Section 1. That the Plat Filing Ordinance prepared by Bailey and Post, Consulting Engineers and Surveyors, Islamorada, Florida, dated May, 1972, copy of which is attached hereto and declared to be a part hereof, is hereby r \ ' adopted as the plat filing rules and regulations within all of Monroe County, Florida, except within municipalities located in said county. Section 2. Any person, partnership, firm, and/or corporation violating any of the provisions of this Ordinance shall be prosecuted in accordance with the provisions of Chapter 125. 69, Florida'Statutes, 1971, or any re-enactment thereof. Section 3. All Special Laws, Ordinances, Resolutions, rules and regulations in conflict herewith are hereby repealed to the extent of said ,con- ' flict. Section 4.. This Ordinance shall not take effect until May 1, 1973. • • • • • • • • • ARTICLE I • ' PURPOSE, INTENT, AUTHORITY, AND JURISDICTION • • • 'Section 1. Purpose . The development of land is the first step in the • . • process of community growth. After land. has been divided into blocks , • roads, streets, and recorded as a plat of record, any effort to correct . . • errors in the plat is not only costly but exceedingly difficult, and in some instances impossible; after substantial construction has taken place. • After a development has been completed, public roads, including drainage, and public utilities must be maintained by the various public services and therefore become public responsibilities . The welfare of the entire • community is' both materially and financially affected by the quality of each development project. These considerations conclude that it is in the best interest of the public, the developer, and the future property owners • that 'all development be conceived, designed and built in accordance with • -A, good design practices and adequate minimum standards . . • The standards set forth in this ordinance are minimums . . Development plans which barely meet these minimums and which are• poorly designed, will result in a development of poor quality and as such, may • not comply with the stated intent of this ordinance. In addition to meeting all of these minimum standards, compliance with the intent of this ordinance indicates that good design must be practiced in planning • • development, including the conservation of valuable and scenic natural features, and• providing adequate open space to be dedicated for public use. Developers are encouraged to take advantage of the use of pro- fessional land planners as well as registered land surveyors and pro- fessional authorized engineers to practice under the Laws of Florida. • • . Section 2. Intent In order to foster and preserve public health,. safety, comfort and welfare and aid in financing the cost of desired and reasonable public improvements, a harmonious , orderly and progressive • development of the unincorporated land and water areas of the County is : necessary. • • 1-1 • • • • . • • 2.1 It is the intent herein to establish minimum standards for subdivision planning and development in order to encourage the development of sound and economically stable communities and to protect the environment and provide for healthy living conditions . • 2.2 I is the intent herein to provide for the efficient, adequate and economical provision of needed utilities during the planning • and design stages of new subdivision development. 2.3 It is the intent herein to prevent and mitigate traffic hazards •and to provide safe and convenient vehicular and pedestrian circulation in and adjacent to new subdivisions . 2.4 It is the intent herein to protect the ecology and aid in the coordination of land development in Monroe County in accordance with natural, orderly, physical patterns , to aid in the execution of any master plan which may be adopted and to aid in the administration of all health and zoning laws . Section 3. Applicability Whenever land is subdivided 'a plat must be recorded, (,, .) except that the recording of a plat will not be required if: 3. 1 The subdivision involved consists only of the dedica- • tion of a road, highway, street, alley or easement and the Director of • the Building and Zoning Department finds that it is not necessary that a plat be recorded: In lieu of a recording of a plat, the dedication shall be required by deed and shall be subject to compliance with the submission of a grading, paving and drainage plan which will meet the requirements of these regulations and the posting of a bond as required under Article III Section 5 of this ordinance, before the acceptance of the dedication by the County Commissioners . 3. 2 The land to be subdivided is to be divided into not • more than 2 parcels and because of unusual conditions created by, ownership or development of adjacent lands or existing improvements and dedications are substantially( in accordance with the requirements of this ordinance, the Director of the Building and Zoning Department determines that waiving of the requirement for platting would not conflict with the purpose and intent of this ordinance. In lieu of platting, the Director shall require any dedications, reservations or improvements required in connection with platting under this ordinance-, including the posting of performance and maintenance bond, as may be necessary to carry out the intent and purpose of this ordinance. : 1-2 • • • f • • 0 3.3 - Errors and Omissions In the event an appreciable error or omission in the data shown on any plat duly recorded under the provisions of this • ordinance is detected by subsequent examination or revealed by a retrace- ment of the lines run during the original survey of the lands shown on such recorded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded, may resubmit a corrected plat . for approval or file an affidavit confirming that such error or omission was made, as stated in Section 177. 141, Chapter 71-339 Laws of the State of Florida. . 3.4 Plat Recording No plat of any subdivision shall be entitled to be recorded in the office of the clerk of the circuit court until, it • shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be stricken from the record upon application of the Director of the Building and Zoning department. 3.5 Restriction • No person, firm, corporation or any other association, shall create a subdivision of a tract of land anywhere in the County except in conformity with this ordinance. Section 4. Authority This ordinance is adopted under the authority granted to the Board of County Commissioners of Monroe County, Florida, as provided in Chapter 59-1576, Florida Statutes , and supersedes all previous regu- lations or any requirements in conflict herewith. . Section 5. Jurisdiction This ordinance shall govern the development of all land within the boundaries of Monroe County, Florida, as now or hereafter established, except that this ordinance shall not apply to any lend lying within the corporate boundary of any municipality. • • • • • . • • • ARTICLE II • DEFINITION OF WORDS • • • • • ' Section 1. For the purpose of the. administration and enforcement . of this ordinance and unless otherwise stated in this ordinance, the . following words shall have a meaning as indicated herein. • • Words used in the present tense shall include the • • • future tense; words used in. the singular number shall include the plural • . number, and words used in the plural number shall include the singular . number; the word "shall" is mandatory,. not directive. • Section 2.. Definitions • • 2. 1 . . Alley. .Any public or private right-of-way set aside for service access to abutting property. 2.2 County Engineer. The 'term "County Engineer" shall • mean the .xegistered professional engineer or the consulting engineer or • the consulting engineering firm officially designated by the Board of • County Commissioners to represent the County in all technical engineering ' matters. . The terms "County Engineer" and "County's Consulting Engineer" . • shall be synonymous in this ordinance. • • 2,3 Commission. The term "Commission" shall refer to: • the Board of County Commissioners of Monroe County, Florida. ' 2.4 Cul-de-sac. The term "Cul-de-sac" means a dead-end . street terminating in a turn-around and providing access only to abutting properties . • • 2.5 Dead End Street. See "Cul-de-sac". 2.6 Dedicator. The owner of record of the land at -the . time the plat is accepted for filing. - • 2.7 Developer. The person or legal entity applying for . approval of a plat of a subdivision. • 2. 8 . Easement. ' A strip reserved by the subdivider for . • public utilities , drainage and other purposes; the title to which shall remain with the property owner, subject to the right of use designated in' the reservation of the servitude. • • 2-1 • w • • 2.9 Engineer. A professional engineer registered and certified to practice in the State of Florida. 2.10 Health Department. The term "Health Department" shall mean the Monroe County Board of I-Iealth and the Florida State Division of Health, as applicable and in accordance with the Florida Statutes . 2.11 Person. The word "Person" includes any individual, group of individuals, firm, corporation, association, organization, or any legal entity. 2. 12 Plat. A map or delineated representation of the sub- division of land, being a complete and exact representation of the sub- . division and other information in compliance with the requirements of all applicable sections of Chapter 177, Florida Statutes, 1953 and amendments thereto and Chapter 71.339, Laws of the State of Florida, Special Acts , 1971 and of any local ordinances . 2. 12.1 Tentative Plat. A preliminary map, drawing or chart indicating the proposed layout of the subdivision. • 2.12.2 Final Plat. The final tracing, map, drawing or chart on which the developer's plan of subdivision is presented to the County Commission fox—approval and which, if approved, shall be submitted to the County Clerk for recording. . 2.13 Roads and Streets . Streets used as main traffic arteries and those used for circulation within residential or business • areas. • 2.14 Subdivider. The term "subdivider" shall include the term "developer" or his duly authorized agent or representative, and shall include the word "person" as defined herein, such person being engaged in the subdivision or development of land as defined herein. 2. 15 Subdivision. 2:15.1 The division of land into one or more. lots, sites, • tracts, parcels or however otherwise designated, for the purpose of transfer of ownership, leasing or building development. • 2. 15.2 The dedication of a road, highway, street, alley, or • easement through or on any tract of land. 2.15.3 The resubdivision of land heretofore divided and platted into lots, sites, parcels or however otherwise designated. . • 2-2 • S _ • • 2. 16 Zoning Board. The term "Zoning Board" shall refer to the Monroe County Zoning Board as provided in Chapter 59-1576 Laws of Florida 1959 . ,p ; • • _. • • • ARTICLE III GENERAL REQUIREMENTS Section 1. General In order to file a plat for any purpose except • merely to record the boundaries of an ownership, plans showing how the roads , streets, alleys and publicly owned parking areas shall be graded, paved and drained according. to the County's requirements shall be submitted. All the requirements of this ordinance and the Zoning ordinance shall be met. The County shall then maintain the completed work as herein defined. In those areas where the Florida Keys Aqueduct Authority (FKAA) certifies that it can furnish an adequate supply of water to the property to be platted, water distribution systems shall be provided and constructed and shall become the property of the Florida Keys Aqueduct Authority and be maintained and operated by the Authority in accordance with its water main extension policy. In those areas where sanitary sewers are required, the sewers and sewage treatment plant shall meet all requirements of the State Division of Health. Section 2. Review of Plat 2'. 1 Before the tentative plat can be considered and approved by the County Commission, it must be reviewed and reported on by each of • the following: . 2.1.1 The County Building and Zoning Department. 2.1.2 The County Tax Assessor. 2.1.3 The County Engineer. • 2.1.4 The County Board of Health. . • 2.1.5 The Florida Keys Aqueduct Authority. 2. 1.6 The County Attorney • 2. 1.7 The Florida Keys Electric Cooperative Assoc. , Inc. • • 2.1.8 Southern Bell Telephone and Telegraph Co. • 3-1 • • • • • 2.2 Eight prints of the plat shall be submitted to the Director of the County Building and Zoning Department who will provide one print to each of the agencies listed in 2.1 above for their prompt review and comments . All reviews and comments shall be furnished to the Director. The Director will review the plat for conformity with this ordinance and, after receiving all other reviews and comments, make his findings known to the person submitting the plat within thirty days after it has been submitted. The Director will also furnish the developer's surveyor with a written tentative approval of the plat; otherwise, he shall furnish a-written statement of the plat deficiencies . When in the opinion of the Director, the plat conforms to the requirements of this ordinance, it shall be forwarded to the County Attorney who will submit it to the Board of County Commissioners, after the owner has posted the bond required under Section 5 of this Article. 2.3 I-f the proposed plat indicates any dredge, fill, or other •' construction operations which require Federal or State agency permits, the • plat will not be approved until all applicable Federal and State agency per- • mits_ have been obtained. Copies of all approved permits shall accompany the plat. submission to the County. Section 3. County Jurisdiction FTh 3.1 General. All facilities and construction of every kind built or performed within the public rights-of-way and public drainage easements , including but not limited to clearing, grubbing, earthwork, stabilization, bases , prime coats, seal coats, asphalt surface treatment, asphalt pavement, concrete bases and pavements, curbs, gutters , turnouts, sidewalks, sprigging, landscaping, culverts, storm sewers, sanitary sewers, side drains, inlets, catch basins, manholes , junction boxes, headwalls, endwalls, retaining walls, water distribution systems, bridges and bridge work of all kinds, pumping stations, seepage wells ,. french drains, ditch paving, rip-rap and other erosion control facilities, swales , ditches , canals, and the like shall be subject to the County's requirements in full. 3.2 Utility Locations. The County shall have jurisdiction over the locations of poles , braces, guy wires , meter boxes, valve boxes , light standards, fire hydrants, and the like, to the extent of requiring them to conform to the County's typical standard construction details ; jurisdiction over the locations and elevations of.water piping, sanitary sewers, fire mains, underground cables and conduits of all types, gas mains, and the like, to the extent of requiring them to conform to the County's typical standard construction details ; jurisdiction over : the top elevations of meter boxes, inlets , catch basins, manholes , valve boxes, and the like, to the extent of requiring that they be flush with the surrounding finished construction. 3-2 • • y • 110 0 3. 3 Utility Installation. The County shall have juris- diction over the scope of utility installation to the extent of requiring that any water, sewer, gas, electric and communication stubs, and the like, which cross under the pavement, be provided as part of the subdivision's ' development. The County shall have jurisdiction over the sequence of construction to the extent of requiring that all proposed underground installations that come under the pavement, or within eight (8) feet of its edges , shall be installed prior to the stabilization of sub-grade and construction of pavement, to minimize disturbance of the sub-grade or pavement after it is built. • Section 4. • Limitations as. to County Maintenance Nothing in this ordinance shall be construed as • meaning that the Board shall take over for County maintenance any road, street, alley, public parking or other public area, or drainage facility related thereto, except those designed and built in accordance with the County's requirements and taken over for County maintenance by specific Board action. The assumption of maintenance by the County under this ordinance shall not be construed to mean that the County shall assume operating or other costs of street lighting, unless provided by a separate specific agreement. Nothing in this ordinance shall be construed as . obligating the County to drain any land, except that which lies in the ( ; public rights-of-way and drainage easements . Section 5. Performance or Surety Bond The developer shall post with the County Clerk a real estate, cash, or surety company performance bond from a surety company • approved by the Board of County Commissioners, equal in value to 110 percent of the estimated cost of the improvements as prepared by the- developer's ' engineer and reviewed and concurred in by the Director of the Building and Zoning Department. Pavement cost will be based on the number of square yards of street and alley paving required by the County's typical standard . construction details times a unit price of $4.50 per square yard, plus 15 percent of the pavement cost as an allowance for drainage structures . This unit cost may be reviewed periodically for accuracy and is subject to adjustment (upward or downward) by the Building and Zoning Department based on existing economic conditions at the time of review. The • estimated cost of the water distribution work and main extensions shall • be as determined by the Florida Keys Aqueduct Authority after review and . approval of the water distribution system plans and specifications . The cost of the water distribution may be estimated by the developer's engineer but in such event, will be subject to review, revision if necessary, and approval by the FKAA. Should the bonded work not be completed in one • year, the Board of County Commissioners may extend the time limit, provided the bond is extended. • 3-3 • y • Pits, Quarries and Excavations Other Than Drainage Section 6. Facilities. Burrow pits, quarries or similar excavations below the level of any street or highway shall not be made for the 'purpose of obtaining fill material except as herein provided. All other excavations shall be re- filled or construction completed in a manner which will prevent accumulating of stagnant water or other health or safety hazards. No burrow pit of any character shall be allowed within seventy-five (75) feet of any•right-of-way line of any highway, street or road, nor within one hundred and fifty feet ( 150) of any arterial highway or closer than one hundred and fifty feet ( 150) to the limits of any highway having a right-of-way wider than fifty feet (50) nor within fifty feet (50) of any property line, unless said excavation is to be immediately refilled with material of a • suitable character. Where a burrow pit closer than fifty feet (50) to any pro- perty line, seventy-five feet (75) to a .secondary road, or one hundred fifty feet ( 150) to a highway right-of-way of fifty feet (50) or more in width is • permitted the excavation shall be backfilled in accordance with the require- ments herein;.but in no event shall such pit be carried closer than twenty- five feet (25) to any property line. Where backfilling is required, the sides 1 of the excavation shall be no steeper than a slope of two feet (2) measured horizontally- to one foot (1) measured vertically, for the entire depth of the excavation. • Material shall not be excavated, dredged, pumped out or otherwise removed after the elevation of the remaining sand, earth, rock and other material becomes approximately constant and no longer is lowered in approximate.proportion to the volume of the material removed. • Before operations are 'completed in any part of any exca- vation made for the purpose of obtaining fill material, the sides and bottom shall be cleaned up to a uniform surface and left in a sightly manner and appearance acceptable to the Monroe County Zoning Director. Where • arrangements are made to use such excavation or pit for park purposes, the banks shall be grade d.to the limits agreed at the time•the permit was issued. Before abandoning a burrow pit, the bottom shall be graded to allow all water to drain to a sump. Said sump shall be not less than fifteen feet ( 15) square, and dug to a depth sufficient to maintain a head of water of not less than-two feet (2) under normal conditions. • • 3-4 • • . i Application for a permit to excavate for fill material on any premises shall be accompanied by a certified survey showing the limits • of the proposed excavation. The application shall be accompanied by a fee of five dollars ($5. 00). • A permit shall not be issued for any excavation not com- plying with this ordinance or the County Zoning Ordinance without a public hearing. Permits shall not be is sued for a period longer than one year, and may be renewed upon payment.of five'dollars ($5. 00) if all laws and regulations • are complied with. Renewals of permits may be made without public hearings. Before the limits of any burrow pit existing at the time this ordinance is adopted are enlarged or extended beyond the outline or limits •of • the present excavation, the owner or operator shall apply for a permit. Said application shall be accompanied by a certified map made from a certified • survey showing the present and proposed excavation limits, together with the • boundary of the premises owned or leased by the applicant. The Monroe County Zoning Director may issue a permit if all laws and regulations are complied with. Filling of burrow pits may be approved by the Zoning • ' Director if the permit applicant complies with all required conditions estab- • { lished by the Fire •Authority, Health Department and Zoning Director. Con- ditions shall be established to prevent dumping by unauthorized parties, dump- ing of material into the pit which could cause noxious odors or which could result in detrimental effects on the health, safety and welfare of the adjacent • area. • Section 7. Administration of this Ordinance. • The Director of the Building and Zoning Department shall administer this ordinance under the direction of the Board of County Commis- sioners. • • • • • • • • • • • 3-5 • • i 1111 _ • • • • • ARTICLE IV PROCEDURE FOR PLAT APPROVAL • • Section 1. Pre-application Procedure • 1. 1 Before filing an application for conditional approval of a plat, the developer shall submit pre-application plans and data. This step does not require formal application, or filing of a plat but is intended to . • provide an opportunity for the developer to avail himself of the advice and assistance of, the Zoning Board and to become acquainted with the require- ments and procedures to be followed towards approval of the final plat. 1. 2 The Zoning Board staff will informally review the infor- • • mation submitted and make appropriate recommendations to the developer before he begins preparation of the plat. Review by the Zoning Board is not . required for pre-application review unless requested by the applicant, or recommended by the Zoning Board's staff, or if a zoning change is required. • Section 2. Construction Plans. Procedure 2. 1 Construction Plan Preparation. Following approval of the pre-application plans and data, the developer shall have prepared the necessary construction plans and specifications for all proposed improve • - ments. These construction plans must be approved by a professional engineer registered in the State of Florida. Water and sanitary sewer plans must be approved by the Monroe County Board of Health and the State Division of Health. before being submitted. Bonding procedures must be reviewed and approved by the County Attorney, acting in behalf of the Board of County Commissioners, before approval of the pre-application plans are valid. 2. 2 Submission of Plans. To secure formal action on con- struction plans and specifications, the developer shall provide eight sets of prints of the construction plans to the County Building and Zoning Department. The County Building and Zoning Department shall review the proposed•con struction plans arid within thirty (30) days after receipt shall notify the . developer of its approval, disapproval or conditional approval. . • • • 4- 1 • . • Mill • • • 2. 2. 1 • Approval - means the developer is authorized to proceed with the construction of the physical improvements in the- development after • securing any required construction permits, and to proceed with preparation of the final plat. 2. 2. 2 Conditional Approval - means the developer may proceed as outlined in the preceding paragraph, but only after he has submitted eight (8) copies of the revised construction plans to the Building and Zoning De- partment and has obtained approval: 2. 2. 3 Disapproval - means that the developer must revise his plans to conform to the changes as required by the Building and Zoning 'De- partment and resubmit them for approval as provided in this section. Section 3, Final Plat Procedure. 3. 1 The final plat shall conform to the pre-application plans as approved, and, as desired by the developer, may constitute only that portion of the pre-application plans which he proposes to record and/or develop at the time; provided, however, that such portion conforms to all requirements of this ordinance; must be contiguous to and have access to an existing public street; and shall be considered as the only, or final, 'portion • or unit to be recorded and developed by the developer. . . • 3. 2 Prior to action on the final plat the Board of County Com- missioners shall require that construction plans for all improvements be submitted by the subdivider. • 3. 3 Application for approval of the final plat shall be sub- mitted at least twenty (20) days, prior to the regular Zoning Board meeting at which it is to be considered. Eight (8) copies of the final plat shall be submitted by the developer to the Zoning Board. Following approval of the final plat by the Zoning Board, the developer shall make such changes as may have been required as contingent upon granting final approval of the plat and shall submit four (4) final copies as a permanent record. 3. 4 It shall be the responsibility,of the developer to complete, have in final form, and submit to the Board of County Commissioners for final approval and recording the final plat, along with all final approved con- struction plans, required documents, exhibits, legal instruments to guarantee • �,_ 4- 2 • • performance, certificates properly executed by all required agencies and parties as required in this ordinance and recording fee. Immediately follow- ing final approval by the Board of County Commissioners the plat shall be delivered into the hands of the County Clerk for recording. The Board of County Commissioners shall not grant final approval contingent upon corn- ' pletion of any uncompleted requirement. • • Section 4. Prerequisite to Filing Plats. Prior to filing the final plat, the developer shall obtain • the appropriate zoning for the proposed development. • • • • • • • • • • • • • • • • • • • • • • • • • • ) • • • • • • 4- 3 • • • • • • • i ARTICLE V • PLATS AND DATA REQUIREMENTS Section 1 General • 1. 1 Required Road, Street and Drainage Construction As a condition of accepting the plat for filing, the developer shall prepare plans for construction and drainage of public roads, • streets, alleys and publicly owned parking areas in the subdivision, including his side of any unpaved public roads, streets and alleys which hound the subdivision, and ' including his side of any roads, streets and alleys which he plats centering along or near the boundaries of the subdivision, for which he dedicates part of the right-of-way, all in accordance with this ordinance and the County's typical standard construction details; except that the developer shall not be required to pave State maintained roads. He shall also be required to submit' plans to regrade and ptherwise modify the side ditches or roadside swales of paved County Roads•and State maintained highways within or abutting the • subdivision as necessary to accommodate proper subdivision drainage. Con- struction shall be completed within one year from date of recording of the plat, and a performance bond shall be posted as set forth in Article III, Section 5. 1. 2 Required Water and Sanitary Sewer Construction 1. 2. 1 Required Water Distribution Construction. As a condition precedent to the acceptance of the plat for filing, the developer shall submit plans for construction of an adequate water distribution system to serve individual lots, parcels or tracts. The system shall provide connection to • the Florida Keys Aqueduct system and shall be .designed in conformance with accepted engineering principles and practices, the regulations and specifi- cations of the Florida Keys Aqueduct Authority and its water main extension • policy, and shall be approved by the Florida Keys Aqueduct Authority as re- quired by existing State law. Construction shall be completed within one. year from date of recording of the plat and a performance bond shall be posted as set forth in Article III, Section 5. • 1. 2. 2 Sanitary Sewerage Construction. All State and County regulations and ordinances pertaining to sanitary sewage treatment, collection . and disposal are to be complied with. r'•- • ' 5-1 11111 •• • 11111 % 1. 3 Positive Drainage Required. The developer shall, at no expense to the County, provide plans for such facilities as may be needed. to drain the subdivision including all rights-of-way, easements and necessary construction; to positive outlets that can be legally maintained in permanent. use', or into a public drainage system of adequate capacity which discharges into such positive outlets. Side ditches along public roads shall not neces- sarily be considered as such public drainage systems or positive outlets; Dry wells may be• considered as positive outlets, with the special approval of the Director. 1. 4 Dedication to Public Required. Rights-of-way for roads, streets and alleys, canals, and rights-of-way and easements for drainage shall be dedicated to the public, except as provided in 1. 4. 6 below. The following widths shall be required. 1. 4. 1 State Roads - Right-of-Way width shall be determined. separately in each case by the Board after coordination with the State Road Department. 1. 4. 2 • Secondary Roads and Streets - Minimum right-of-way • • width shall be fifty (50) feet, twenty-five (25) feet each side of centerline, except in areas zoned for Trailer Parks (refer to Monroe County Zoning • Ordinance). Street markers and traffic control signs shall be installed at the expense of the developer in accordance with the. County's typical standard • construction details. • 1. 4. 3 Alleys - Minimum right-of-way width shall be twenty (20) • feet, ten (10) feet each side of centerline. 1. 4. 4 Utility Easements - Utility easements other than drainage easements shall be six feet wide on each parcel, and shall be identified on the plat as utility easements; they shall be.provided as called for by the typical construction details. 1. 4. 5 Drainage Easements and Rights-of-Way - Easements and rights-of-way for drainage ditches, canals and swales shall be of such' widths as to accommodate adequate drainage facilities plus fifteen (15).feet on one side for maintenance purposes. Drainage easements shall be identified on the plat as such. Maintenance easements are not required for underground storm drainage culverts. • • • 1. 4. 6 Waiver When a wholly contained geographical area is. being developed and subdivided in which an Improvement Association is. 5-2 7 '- • i • 1111111 organized and qualified for the purposes of providing for the maintenance of streets, roads, alleys, easements for utilities and rights-of-way and ease- ments for drainage, and which Improvement Association is empowered to assess the owners of property to provide for the maintenance of such rights of-way for roads, streets, and alleys, easements for utilities, and rights-of- way and easements for drainage, then the provision set forth hereinabove . which requires that said rights-of-way for roads, streets, and alleys, canals and rights-of-way and easements for drainage shall be dedicated to the public is hereby waived. • 1. 5 Existing Roads and Streets Shall Be Continued. Main roads and streets on the plat shall be located so as to provide continuations and extensions of existing main roads and streets in adjoining subdivisions. • 1. 6 Access Required. Roads and streets shall provide access to adjoining land at intvals of not over 1/4 mile unless blocked by natural obstacles other than drainage canals and natural watercourses. Every .parcel of land in a subdivision shall have access to a public road or street. • 1. 7 Minimum Lot Size Required. Lots shall have minimum dimensions in accordance with the requirements of the respective districts as specified in the zoning ordinance. 1..8 Maximum Block Size Permitted. Maximum block size, as measured between centerlines of bounding roads and streets, shall be nominally 1/4 mile, in keeping with variations in size of sections and normal subdivision thereof. Minimum radii at corners and street intersections on the right-of- way or property line shall be twenty-five (25) feet. 1. 9 Names of Subdivision, Roads and Streets. Names previously used for subdivisions in the County shall not be given to new subdivision. Roads and streets which form extensions, or are' located along the general projections of existing roads and streets, shall be named after the existing roads and • streets, otherwise new roads and streets shall not be named after existing roads and streets unless their post office addresses are in different towns or cities. 1. 10 Dead-End Roads and Streets. There shall be no dead-end alleys. Secondary roads and streets, if dead-ended, shall terminate in a circle having a radius of not less than fifty (50) feet to the property line. The right- of-way around the circle shall be joined to the right-of-way along the street by curves having at least fifteen ( 15) foot radii. At least one hundred (100) feet shall intervene between the right-of-way of the circle and right-of-way of the • 5-3 . • - 1, ,'• S • • • 0 nearest.road or street or the nearest plat boundary. As an alternate method of providing a turn-around, a T-shaped dedication may be provided having'a minimum dimension of 80-feet across the top of the tee, measured perpen- dicular to the centerline of the street, and a minimum dimension of 20-feet measured parallel to the centerline of the street. • 1. 11 Subdivisions Containing Lots• of more than 1 Acre in Area. Subdivisions of acre-plus lots may be accepted,, if the Board approves. Paved streets may not be required; however, unpaved streets are to be stabilized with a minimum thickness of six (6) inches of limerock for a minimum width of twenty-two (22) feet. These plats shall show in block lettering a minimum of 3/8" high the following caption: "IN ACCEPTING THIS PLAT, MONROE COUNTY ASSUMES NO RESPONSIBILITY FOR CONSTRUCTING, ALTERING, MAINTAINING OR REPAIRING THE STREETS SHOWN HEREON. A BUILDING. PERMIT SHALL NOT BE ISSUED UNLESS ALL THE REQUIREMENTS OF THIS ORDINANCE AND THE ZONING ORDINANCE ARE MET. " . 1. 12 Dead-End Canals. No canals, harbors or other marine facilities are to be constructed that would promote stagnant water. Canals interconnected with culverts or bridged in any manner shall be built in accor-I with sound engineering principles and shall comply with applicable Federal, State and County regulations. • Section 2. Pre-application Plans and Data. 2. 1 General Subdivision Information. General subdivision in= formation shall describe or outline the existing conditions of the site and the proposed development as necessary to, supplement the drawings required hereinafter. This information shall include data on existing covenants, land characteristics, available community facilities and utilities information de- scribing the subdivision proposal such as numbers of residential lots, typical lot width and depth, business areas, playgrounds, park areas, and other public areas, proposed protective covenants and proposed utilities and street improve- ments. 2. 2 Location Map. Location map shall show the relationship of the proposed development to existing community facilities which serve or • influence it. Include the development name and location; main traffic arteries; shopping centers; public schools; parks and playgrounds; principal places of employment; other community features, such as airports, hospitals and churches; title, scale, north arrow, and date. 5-4 • • • 2. 3 - Sketch Plan. Sketch plan survey shall show in simple but .- relatively accurate sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a free- hand pencil sketch and shall include such data listed in 3; 1 below as may be required by the Monroe County Zoning Director. Section 3. Plans and Data for Approval of Tentative Plat. 3. 1 • Topographic Data. Topographic data required for the tentative plat shall include existing conditions as follows except when other- wise specified by the Zoning Board. • 3. 1. 1 Boundary lines: bearings and distances. 3. 1. 2 Easements: location, width, and purpose. • 3. 1. 3 Streets on and adjacent to the tract: name and right-of- ' way width and location; type; width and elevation of surface; any legally established centerline elevations; sidewalks, curbs, gutters, and culverts. . • 3. 1. 4 Utilities on or adjacent to the tract: Location, size and invert elevation of sanitary sewers and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and street lights; if water mains and sewers are not on 'or adjacent to the tract, • indicate the distance and direction to and the size of nearest ones, showing invert elevation of sewers. ' 3. 1. 5 Ground elevations on the tract, based on U. S. Coast and Geodetic Survey sea level datum plane. For land that slopes less than approxi- mately two per cent, show spot elevations at all breaks in grade, along all drainage channels or swales, and at all selected points nor more than one hundred (100) feet apart in all directions, or show contours with an interval. of not more than one (1) foot; for land that slopes more than approximately two per cent, either show contours with an interval of not more than five (5) feet if ground slope is regular and such information is sufficient for planning pur- poses, or show contours with an interval of not more than one (1) foot if necessary because of irregular land or need for more detailed data for pre- paring plans and construction drawings. 3.. 1. 6 ' Subsurface conditions on the tract, if required by the • Zoning Board; location and results of tests made to ascertain subsurface soil, • =� . rock and ground water conditions and depth to ground water. • 5-5 • • • 1 • • 11111• f 3. 1. 7 '• Other conditions on the tract such as water courses, mangroves, rock outcrops, wooded areas, isolated preservable trees (with trunk diameters), houses, barns, shacks, and other significant features. 3. 1. S Other conditions on adjacent land: approximate 'direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent platted • land, refer to subdivision plat by name, recordation date, and number, . and show approximate percent built-up, typical lot size, and dwelling type. , 3. 1. 9 Zoning on the land adjacent to the tract. • 3. 1. 10 Proposed public improvements such.as highways or other major improvements planned by public authorities' for future construction on or near the tract, when such data is available from local authorities. 3. 1. 11 Location map showing location of tract. 3. 1. 12 Title and Certificates. Present tract designation according . to official records in office of appropriate recorder; title under which pro- posed subdivision is to be recorded with names and addresses of owners, notation stating acreage, scale, north arrow, datum., benchmarks, 'certifi- cation of registered land surveyor, date of survey. • 3. 2 Other Preliminary Plans. When required by the Zoning Director, the pre-application plans shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway and sidewalk; and preliminary plan of proposed sanitary and storm sewers with grades and sizes indicated. 0 All elevations shall be based on a U. S. Coast and. Geodetic Survey sea level datum plane. • 3. 3 Draft of Protective Covenants. Draft of protective cbv- enants whereby the developer proposes to regulate land use in the subdivision • and otherwise protect the proposed development. • Section 4. • Plans and Data for Approval of Construction Plans: • • As a condition for preliminary approval of construction plans, the sub- divider shall deliver to the Building' and Zoning Department complete plans and specifications prepared by a professional engineer registered in the State of Florida, which shall; include the following: • 5-6 • • • • • • 4. 1 A drainage map of the entire area within which the sub- division lies. This map may be combined with a topographic map, but in any event must include suitable topographic data acceptable to the Building and Zoning Department. Outlines of all drainage areas and the sizes of the areas, in acres, must be shown and related to corresponding points of flow concen- . tration. Flow paths shall be indicated throughout; including final outfalls. • 4. 2 Drainage data, assumed criteria and hydraulic calcula- tions. The "rational formula" or other methods acceptable to the Building and • Zoning Department shall be employed. 4. 3 Plans showing proposed design features and typical sec- tions of canals, swales, and all other open channels, storm sewers, all drainage structures,i roads and curbs, and other proposed subdivision con- struction. • 4. 4. • Plans of all proposed roads and profiles where required. Where proposed roads intersect existing roads,' elevations and other pertinent details shall be shown for existing roads for a minimum distance of five hundred (500) feet from the point of intersection. • Section 5. Plans and Data for Final Approval of Plats: 5. 1 Final Plat. The final plat shall conform to the approved . pre-application plans and shall be drawn on linen or stable base drafting film sheets, 18" x 28" or 24'.' x 36", at a scale of not less than 1" = 100' except that when all parcels within the tract are one-half an acre or larger, a scale of 1" = 200' may be permitted. When necessary, the. plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large .subdivisions the final plat may be submitted for approval progressively .' in contiguous sections or units as approved by the Zoning Board. The final plat shall show or be accompanied by the following information: • 5. 1. 1 Primary control points as required by Chapter 71-339, Florida Statutes; descriptions and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred; legal description of the property. Permanent reference monuments shall be . placed along the boundary of the land to be platted. The permanent reference • monuments need not be set closer than 1400 feet apart except that in all cases there shall be a minimum of four (4) P. R. M. 's along the boundary of the land to be platted. • • • • ' 5-7 • 5. 1. 2 Tract boundary lines, right-of-way lines of streets, • easements, and other rights-of-way, and property lines. of residential lots and other sites; with accurate dimensions, bearings or deflection angles of all curves. 5. 1. 3 Name and rightLof-way widths of each street or other • right-of-way. . 5. 1. 4 Location, dimensions and purpose of any easements. 5. 1. 5 Number to identify each lot or site; number or letter for each block. • 5. 1. 6 Purpose for which sites, other than residential lots, are to be dedicated, reserved, or, used. 5. 1. 7 Minimum building setback lines on all lots and other sites. 5. 1. 8 Location and description of monuments. • 5. 1. 9 Names of record owners of adjoining unplatted land. • 5. 1. 10 Reference to recorded subdivision plats of adjoining platted land by record, name, date and number. 5. 1. 11 Certification by registered land•surveyor dated not later than six months prior to the plat submission certifying to the accuracy of the survey and plat. 5. 1. 12 Certification and opinion of title by an attorney showing • that applicant is the land owner. . 5. 1. 13 Statement.by owner dedicating streets, rights-of-way and any sites for public use. 5. 1. 14 Every plat of a subdivision filed for record must contain a dedication by the developer. The dedication shall be executed by all develop- ers and mortgagees having a record interest in the lands subdivided, in the same manner in which deeds are required to be executed. Each plat shall have a heading showing description, dedication, Monroe County plat restrictions., dedication by developer, mortgagee approvals, approvals of the Monroe County Building and Zoning Department, approval of the Monroe County Board of County Commissioners, and a recording and surveyor's certificate. • • 5-8 • • 5. 1. 15 Each plat shall be accompanied by receipted tax bills or • a certification from the County Tax Collector that all taxes and assessments have been paid on the land within the proposed subdivision. 5. 1. 1'6 Condominium ownership and recording are covered in the Condominium Act, Chapter 711, Florida Statutes, _1969. If, however, the boundaries of each individual condominium association is'not a platted lot,. • parcel, tract or such section of land of record, the land shall be platted in accordance with Chapter 71-339, Laws of Florida Special Acts, 1971. • 5. 1. 17 Title, scale, north arrow, and date. 5. 2 Engineer's Certificate. A certificate by the County Engineer certifying that the construction plans and specifications •have been prepared in accordance with this ordinance, sound engineering standards and the County's Standard Construction Specifications and Details. 5. 3 Protective Covenants. Protective covenants or deed re- strictions in form of recording. • 5. 4 Certificate of Approval by Zoning Board. A Certificate of Approval signed by the Chairman of the Zoning Board shall be shown .on the final plat for recording, certifying that the plat 'meets the requirements of• . this ordinance and the Zoning ordinance. 5. 5 Other Data. Such other certificates, affidavits, or en- dorsements as may be required by the Zoning Board in the enforcement of this ordinance. • Section 6 Engineering Plans and Specifications. All costs of engineering plans and specifications in connection with the layout and construction of any subdivision and improvements therein shall be paid by the developer. Section 7. Maintenance of Roads and Streets . The approval of any plat by Monroe County shall not bind the governing body of the County to open up and keep in repair any road, street, alley, or other parcel dedicated to the public in any plat or map so offered but said • 5-9 • . • (Th body may exercise such right at any time at its own discretion. The Board of County Commissioners may require the developer to maintain all streets and roads, and utility installations if dedicated to a public system, for a • period not less than one year after completion or upon expiration of install.- meat sales contract, or until at least twenty. (20) percent of all lots along a street'on a block basis are occupied by homes or other uses as shown on . the final plat and at such time as it appears reasonable and equitable for said Board of County Commissioners to accept maintenance responsibility. • Section S. Health Department Review. Beginning with the pre-application review and following through on the preparation of the construction plans and final plat the subdivider and his • engineer shall review all proposals and plans with the Monroe County Board of Health or State Division of Health, as applicable, to insure coordination of plans and procedures, and compliance with the State Division of Health Regulations and requirements. The final plat shall show a certification of approval by the Monroe County Board of Health or the State Division of Health as applicable. • . • • • • • • • • • • • • • • • • • • • • • • J • , • • • • 0 • • 5- 10 . • { • • ARTICLE VI DESIGN STANDARDS Section 1 Streets 1.1 The arrangement, character, extent, width, grade, and location of all streets shall conform to all Monroe County plans 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. 1.2 The arrangement.,of streets in a subdivision shall either: 1.2. 1 Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or 1.2.2 Conform to a plan for the neighborhood approved or adopted by the Zoning Board to meet a particular situation where topo- graphical or other conditions make continuance or conformance to existing streets impracticable. • 1.3 Minor streets shall be laid out to discourage their use by through traffic. • 1.4 Where subdivision abuts or contains existing or proposed • arterial streets, the Zoning Board may require marginal access streets, reverse frontage with screen planting contained in a non-access .reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential prop- erties and to afford separation of through and local traffic. 1.5 Reserve strips controlling access to streets shall be. prohibited except where their control is definitely placed under the County, with conditions approved by the Zoning Board. 1.6 Streets with centerline offsets of less than one hun- dred twenty five (125) feet at points of intersection with other streets shall be avoided where possible. . • o- 1 6-1 ® S . 1. 7 A tangent of at least one hundred ( 100) feet shall be introduced between reverse curves on arterial 'and collector streets, if • required by the Building a . .` Zoning Departmen�. 1. 8 When c ecting street lineL- reflect from each'other at any one point by more than ten c:: grees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than'•three hundred (300) feet for minor and collector streets, and of such greater radii as the Zoning Board shall determine for special cases. • 1 . 9 Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than eighty degrees. • • 1. 10 ' Property lines at street intersections shall be rounded with a minimum radius of twenty-five (25) feet, or a greater radius where the Zoning Board may deem it necessary. The Zoning Board may permit.c'om- • parable cut-offs or chords .in place of rounded corners. • 1. 1.1 Street right-of-way widths shall be as required by the . • Zoning Board consistent with the projected type or use of the proposed street. • 1. 12 Half-streets shall .be prohibited, except where essential to the reasonable development of the subdivision 'in conformity with the other requirements of this ordinance; and where the Zoning Board finds it will be • practicable to require the dedication of the other half when the adjoining • property is subdivided. Wherever a half-street is adjacent to a tract to be • subdivided, the other half of the street shall be platted within such tract. • 1. 13 Dead-end Streets, designed to be so permanently, shall have a minimum right-of-way width of fifty feet (50) and shall be provided at the'closed end with a turn-around having an outside roadway diameter of at least seventy feet (70), and a street property line diameter of at lease one • hundred feet (100); or may be provided with a "T" type turn-around as may be • approved by the Zoning Board, or may serve as a temporary dead-end condi- tion.• • • 1. 14 No street names will be used which will duplicate or be • confused with the names of existing streets. Street names shall be subject to the approval of the Zoning Board. . • 6-2 • • • 1. 15 Street grades, including bridge approaches, shall not exceed six percent with properly designed vertical curves• 1. 16 Paved roads and streets shall be paved at least twenty (20) feet wide on a minimum base width of twenty-two (22) feet and a minimum sub-grade width of twenty-four (24) feet all as required in Monroe County's typical standard construction details. • • • • • • • • • • • • • • • • • • 6-2a 1.17 Stabilized shoulders seven feet wide shall be provided . • for public parking and safety along all roads and streets. 1.18 The minimum elevations for subdivision development of any type in Monore County shall be as follows:, • 1. 18. 1 North and East of the Seven Mile Bridge, the minimum crown elevation of the road or street. shall be not less than +4.0 msl. The minimum floor elevation of any structure shall be not less than +4.5 msl. 1:18.2 South and West of the Seven Mile Bridge, the minimum crown elevation of the road or street shall be not less than +3.5 msl. The minimum floor elevation of any structure shall he not less than +4.0 msl. Section 2 Alleys. 2.1 Alleys shall be provided in business districts, except that the Zoning Board may waive this requirement where other definite and • assured provision is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed and as stated in the Zoning ordinance. 2.2 Alley intersections and sharp changes in alignment shall tT l be avoided, but where necessary, corners shall be cut off sufficiently .to permit safe vehicular movement. 2.3 Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end, as determined by the Zoning Board. Section 3 Easements 3.1 Easements for drainage and utilities shall be provided along lot lines of no less than six (6) feet on both sides of the lot lines thus creating a minimum of twelve (12) foot wide easements along said lot lines. 3.2 Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water. course, and such further width or construction, or both, as will be adequate • for the purpose. Parallel streets or parkways may be required in connection therewith. Fifteen (15) foot maintenance easements will be required along drainage canals . . 3.3 Only by special permission will runs of drainage tile in excess of twenty-four feet be permitted. Request for permission to exceed - twenty-four feet shall be conditioned upon owners submission of detailed in- • formation relative to the installation. . 6-3 111111 • The information submitted shall include but not be limited to: 3.3.1 Length of run 3.3.2 Elevations 3.3.2.1 Existing tile inverts 3.3.2.2 Pavement's edge 3.3.2.3 Existing swale elevations Section 4 Blocks 4.1 The lengths, widths, and shapes of blocks shall be determined with due regard to: • 4. 1. 1 Provision of adequate building sites suitable to the special needs of the type of use contemplated. 4. 1.2 Zoning requirements as to lot sizes and dimensions. 4.1.3 Needs for convenient access, circulation, control and safety of street traffic. 4.1.4 Limitation and opportunities of topography. 4.2 Block lengths shall not exceed one thousand three hundred twenty feet, unless topographic or other features dictate otherwise, nor be less than four hundred (400) feet. Block width shall be no less than two hundred feet except for single row or reverse frontage blocks. 4.3 Pedestrian crosswalk rights-of-way, not less than six feet wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Section 5 Lots 5. 1 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 in ac- cordance with the Monroe Zoning Ordinance. 5.2 Lot dimensions shall conform to the requirements of the .Zoning Ordinance and the following: 5.2. 1 Residential lots, where not serviced by public or private 6-4 sewer systems, shall be sufficient to accommodate a septic tank and drain field, meeting standards determined by the Monroe County Board of Health. Approval of septic tanks by the health authority must be submitted prior to approval of the final plat_ 5.2.2 Depth and width of properties reserved or laid out for business purposes shall be adequate to provide for the offstreet service and parking facilities required by the type of use and development contemplated as specified in the Zoning Ordinance. 5:3 Corner 'lots for residential use shall have extra width to permit appropriate building setback from, and orientation to, both streets, as provided in the Zoning Ordinance. 5.4 Each lot shall abut and have .access to a public street for a distance not less than the minimum frontage requirements set forth in the Zoning Ordinance. 5.5 Double frontage and reverse frontage lots, should be avoided except where essential to provide separation of residential develop- ment from traffic arteries or to overcome specific disadvantages of topo- graphy and orientation. A planting screen easement of at least\ten feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. 5.6 Side lot lines shall be substantially at right angles or radial to street lines, where possible. Section 6 Public Sites and ORen Spaces 6.1 Where a proposed park, playground, school or other public use shown is located in whole or in part in a subdivision, the Zoning Board may require the dedication or reservation of such area within the subdivision in those areas which the Zoning Board deems such requirements to be reasonable. 6.2 Where deemed essential by the Zoning Board, upon con- sideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments, the Zoning Board may require the dedication or reservation of such other areas or sites of a character, extent, and location suitable to the needs created by such development for schools, parks, and other neighborhood purposes. Section 7 Community Assets In all subdivisions due regard shall be shown for all natural features such as large trees and watercourses, and for historical ' spots and similar community assets, which, if preserved, will add attract- iveness and value to the property. 6-5 Section S. Drainage. • A complete system shall be provided for positively draining. the roads, streets, alleys and other publicly owned areas in the subdivision and for handling drainage run-off that flows into or across the subdivision. The system shall be designed in accordance with accepted engineering practice for rainstorms of the maximum intensity predicted for the Monroe County area at three-year intervals according to current Department of Transportation charts. The run-off coefficients used 'shall be those that will be applicable to the areas in:rolved•in the calculations after complete development has occurred'. The drainage system shall provide complete and final positive disposal of all run- off, whether into new outfall ditches and canals, or into existing ditches and/or • canals. The drainage system shall be designed for long life, low maintenance cost and ease of maintenance by normal methods. Section 9. Water Distribution and Sanitary Sewage Collection. • 9. 1 A complete water distribution system shall be installed. The system shall be designed to meet the requirements of the Florida State Division of Health and the Florida Keys Aqueduct Authority and its water main extension policy. 9. 2 Sewage Collection. A complete sewage collection system, if required by State and County regulations and ordinances, shall be installed and shall be designed to meet the requirements of the Florida Department of ' Pollution Control and the Monroe County Waste and Disposal Board. Section 10. . Suitability of Land. • • • 10. 1 • The Zoning Board shall not approve the subdivision of land . if, from adequate investigation conducted by the Monroe County Board of Health, State Division of Health and other public agencies concerned, it has been de- termined that, in the best interest of the public, the site is not suitable for • platting and development purposes of the kind proposed. . 10. 2 . Land subject to frequent flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, or for any other uses that may increase flood hazard, endanger health, life; or property, or aggravate erosion. Such land within the plat shall be set aside for uses that will not b.e endangered by periodic or occasional inundation or. will not produce unsatisfactory living conditions. In applying this provision, all land below the elevation of +3. 5 south and west of the Seven Mile Bridge and • • • • 6-6 . • • 11111 • +4. 0 north and oast of the Seven Mile Bridge (U. S. C. G. S. datum) shall be • considered to be subject to flooding. Fill may be used to raise land in areas subject to flooding provided fill does not restrict the flow of water and unduly increase flood heights as determined by the Building and Zoning Department. Once the elevation of the land is filled to the required elevation it will be con- sidered suitable for development. The property owner may elect to fill only that portion of the property upon which he plans to build. If such a case arises, the owner shall place on file a notarized statement to the effect that ,except for the building site itself, he is fully aware of the possibility of frequent flooding on that portion of the property lying below the minimum elevations established herein. Section 11. Large Tracts or Parcels. 11. 1 When land is subdivided into parcels larger than ordinary building lots, such parcels shall be. arranged to allow for the opening of streets in the future and for further re-subdivision. Section 12. Compliance with Zoning Ordinance. • • The use of land, the size and shape of lots, and all other design considerations shall comply with the Uses Permitted, the Lot and Building Requirements, and the General Provisions of the Zoning Ordinance of Monroe County, Florida. Section 13. Improvements in Excess of Minimum Requirements. Should the developer elect to provide improvements in excess of the minimum requirements, such improvements shall fit in properly with and provide a furtherance toward the ultimate completed construction as planned for the future in the area and adjoining areas. Section 14. Engineer's and Surveyor's Certificates. The County Engineer shall certify that all improvements have been completed in accordance with the approved plans before the County will accept the improvements. A registered land surveyor shall certify that • all permanent reference monuments shown on the plat were in place before the date of the recording of the plat, according to the revised plat filing law of the State of Florida, Chapter 71-339, Laws of Florida, Special Acts 1971. • • • 6-7 • ARTICLE VII REQUIRED IMPROVEMENTS Section 1 Application The subdivider shall be required to construct all im- provements including streets and alleys, curbs, sidewalks, monuments, water lines, sanitary sewers, storm sewers and catch basins, in accordance with the requirements of this ordinance as may be supplemented by the Florida State Department of Transportation; The Florida Keys Aqueduct Authority water main extension policy and standards; The Florida Keys Electric Cooperative Association, Inc. standards; and "Standard Specifications and Details of Monroe County, Florida". • Section 2 Monuments 2. 1 Concrete monuments four (4) inches in diameter or four (4) inches square and not less than two (2) feet long, with a flat top, shall be set at all street corners, at all points where the street lines intersect the exterior boundaries of the subdivision, and at angle points and points of curve in each street. The top of the monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade. 2. 2 All other lot corners shall be marked with iron pipes not less than three-fourths (3/4) inches in diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade. • Section 3 Grading All streets, roads, and alleys shall be graded so that pavements and sidewalks can be constructed to the required cross section. Due to special topographical conditions, deviation from the above will be allowed only with special approval of the Zoning Board. All grading shall be done in a manner which will prevent. erosion. (. 7-1 • r :r ® 411 -. Section 4 Storm Drainage An adequate drainage system designed in accordance with good engineering principles and including necessary open ditches, pipes, • culverts, intersectional drains, drop inlets, bridges, etc. , shall be provided for the proper drainage of all surface water, according to plans approved by the Building and Zoning Department. This includes all drainage facilities within the limits of the subdivision, plus all off-site facilities necessary to fully and finally dispose of all run-off. Section 5 Curbs and Gutters The subdivider may provide permanent six (6) inch concrete curbs with twenty—four (24) inch integral concrete gutters; standard rolled curb and gutters; or other construction approved by the Building and Zoning Department. • Section 6 Sidewalks 6. 1 Concrete sidewalks may be provided at least four (4) inches thick and reinforced with 6" x 6" number 6 wire mesh on a mechanically compacted base. If sidewalks are provided the minimum widths shall be as follows: 6. 1.1 Single family residential areas 4 feet 6. 1.2 Multiple-family or group housing areas 5 feet 6. 1.3 Retail commercial areas 10 feet • 6. 2 Pedestrian Ways. Pedestrian ways, not Less than six feet wide, shall be required where deemed essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Section 7 Installation of Utilities and Driveways 7. 1 Utility services shall be installed underground when feasible, including electric power, telephone and community antenna television service. Both main transmission lines and individual service connection lines to buildings should be' installed underground. 7. 2 All driveways for buildings to be constructed by the • r' ,` 7-2 • • • subdivider or_ developer shall be concrete not less than four (4) inches thick • on a mechanically compacted base and reinforced with at least 6" x 6" number six (6) wire mesh, or such other construction as may be approved by the Building and Zoning D:cpartrent. • • • 7. 3 All underground utility mains and service connections shall be completely installed, inspected and approved by the Building and Zoning• Department after grading is completed and before any road base is applied. • Section S. Water Supply and Sanitary Sewer Service. • • • • S. I When a pre-application plan is submitted to the Zoning • Board, there shall also be submitted by the developer a letter of intent, sworn • to before a notary public, setting forth the developer's intention with respect to immediate or deferred construction of residential, multiple family, or . commercial improvements upon the lots within said subdivision. The letter of intent shall state that the developer shall install water distribution mains and sewage collection and treatment facilities when required prior to final plat approval. • • S. 2 • Septic tanks and drain fields shall be permitted only when • approved by the State Department of Pollution Control. S. 3 Proposed water lines shall be coordinated'with the Florida Keys Aqueduct Authority and shall meet all conditions and requirements of the FKAA water main extension policy. Section 9. Street Name Signs. The developer, at his expense, shall install street name signs at each intersection in the subdivision, including entrance roads, of • • durable and sound construction in accordance with ."Standard Specifications and Details of Monroe County". •• • . Section 10. Traffic Control Signs. The developer, at his 'expense, shall install traffic control signs at locations determined by the Zoning Board. Such signs shall meet the • requirements of the Uniform Sign Manual of the Florida State Department of • Transportation. • • • • • • • 7-3 • • • ® 4 • • ARTICLE VIII VARIANCES Section 1 Variances Variances to this ordinance may be granted by the Board of County Commissioners under the following conditions: 1. 1 When it is shown that the subdivider would be subject to unnecessary hardship with strict adherence to this ordinance. 1. 2 When it is determined by the Zoning Board that topo- graphical or other conditions peculiar to the site prevail which justify variances to this ordinance provided that such variances will not destroy the intent or purpose of this ordinance, and will be in the general public interest. Any variance allowed by the Zoning Board shall be stated in writing in the minutes of the Zoning Board meetings with the reasons for which the variance was granted. Section 2 Zoning or Other Regulations 2. 1 No plat shall be approved unless such plat conforms to all the provisions of the .Zoning Ordinance. 2. 2 Should there be a discrepancy between the minimum standards or dimensions as set forth in this ordinance and those contained in the applicable Zoning Ordinance, Building Codes, or other official codes or regulations, the most restrictive standards shall apply. • 8-1 • • 4111 • • • 1q� ARTICLE IX • LEGAL STATUS PROVISIONS Section 1 Amendment • • These Regulations may be amended from time to time as deemed necessary. All such amendments shall first be reviewed and acted • upon by the Zoning Board. However, no amendment to this ordinance shall become effective until after a public hearing on each amendment shall be hcl.d by the Board of County Commissioners at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen ( 15) days notice of the time and place of such hearing shall be published in the news- paper of general circulation in Monroe County, Florida. • Section 2 Savings Clause • Should any Article, Section, subsection, provision, or • clause of this ordinance be declared by any court of competent jurisdiction to be invalid or unconstitutional for any reason whatsoever, the same shall • not affect the validity of this ordinance as a whole or any part thereof other than the part judicially determined to be invalid. Section 3 Interpretation • ' - • • This ordinance shall be considered to be minimum require- . ments, for the purpose of promoting the general public health, safety, and . •welfare of the people of Monroe County, Florida. Section 4 Conflict With Other Legal Documents • Where other laws, ordinances, or private restrictive covenants in recorded deeds or any other legally binding agreements impose greater restrictions and limitations than those provided herein, such laws, ordinances, covenants, or agreements shall control. • 9-1 • • STATE OF FLORIDA THE CAPITOL TALLAHASSEE 323C (904) 488-391S RYCL-2...RD (DICK) ST: ...2 SECRETARY OF STATE • April 6, 1973 • • Honorable Earl R. Adams, Clerk Board of County Commissioners Monrbe County Key West, Florida-33040 Dear Mr. Adams: Pursuant to the provisions of Section 125. 66, Florida Statutes, this will acknowledge your letter of April 4 and certified copies of Monroe County Ordinances Nos. 73-1 and 73-2, which were filed in this office on April 6, 1973. Kindest regards. Cordially, RICHARD (DICK', .ST<DNE Secretary ofStac , ,.;% - By (M-_:s..) Nancy 1.:_:,:van::::12gh EsureaL:, :).1' Laws NK/bh ..! • ,./s"