Ordinance 013-1973
ORDINANCE NO. 13 -1973
AN ORDINANCE PER T AINING TO THE ADOPTION OF
REVISED PLAT FILING RULES AND REGULATIONS FOR
MONROE COUNTY, FLORIDA, SETTING FORTH PUR-
POSE, INTENT, AUTHORITY, AND JURISDICTION; DEFI-
NITIONS, GENERAL REQUIREMENTS, PROCEDURE FOR
PLAT APPROVAL, PLATS AND DATA REQUIREMENTS,
DESIGN STANDARDS, REQUIRED IMPROVEMENTS, VARI-
ANCES, LEGAL STATUS PROVISIONS OF SAID RULES AND
REGULATIONS; PROVIDING FOR A PENALTY FOR ANY
VIOLATIONS OF THIS ORDINANCE; REPEALING MONROE
COUNTY ORDINANCE NO. 2-1973, AND REPEALING ALL
SPECIAL LAWS, OTHER ORDINANCES, RESOLUTIONS,
RULES AND REGULATIONS IN CONFLICT WITH THIS
ORDINANCE TO THE EXTENT OF SAID CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That the Revised Plat Filing Ordinance prepared by
Bailey and Post~ Consulting Engineers and Surveyors~ Islamorada, Florida,
copy of which is attached hereto and declared to be a part hereof~ is hereby
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 accord-
ance with the provisions of Chapter 125. 69~ Florida Statutes, 1971, or any
re-enactment thereof.
Section 3. Monroe County Ordinance No. 2-1973 is hereby re-
pealed.
Section 4. All Special Laws~ other Ordinances~ Resolutions, rules
and regulations in conflict herewith are hereby repealed to the extent of said
conflict.
Section 5. This Ordinance shall take effect upon receipt of the
official acknowledgment from the Department of State acknowledging receipt
of certified copy of this Ordinance and that said Ordinance has been filed in
said office.
PLAT FILING ORDINANCE
FOR
MONROE COUNTY, FLORIDA
Board of County Commissioners
Harry Harris t ;,fayor
John W. Parker, Vice Mayor
William Freeman Jr.
Harry Pritchard
Bill Carter
County Cler~
Earl Adams
County Attorney
Paul Sawyer
Bailey and Post
Consulting Engineers and Surveyors
08-71-092.0
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 ex-
ceedingly difficult, and in some instances impossible, after sub-
stantial 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 dev-
eloper, and the future property owners that all development be
conceived, designed and built in accordance with 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, in-
cluding 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 professional engineers authorized 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.
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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 com-
munities and to protect the environment and provide for healthy
living conditions.
2.2 It is the intent herein to provide for the effic-
ient~ 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 ded-
ication 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 reg-
ulations and the posting of a bond as required under Article III
Section 5 of this ordinance~ before the acceptance of the dedic-
ation by the County Commissioners.
3.2 The land to be subdivided is to be divided into
not more than 2 parcels of less than I acre 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 re-
quired in connection with platting under this ordinance~ including
the posting of performance and maintenance bond, as may be nec-
essary to carry out the intent and purpose of this ordinance.
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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 retracement 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 11ave been approved in the manner prescribed herein. In the
event any such unapproved plat is recorded it s11all 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 assoc-
iation, 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 nonroe County,
Florida, as provided in Chapter 61-2503, Laws of Florida 1961,
and supersedes all previous regulations or any requirements in
conflict herewith.
Section 5.
Jurisdiction
This ordinance shall govern the development of
all land within the boundaries of rlonroe County, Florida, as now
or hereafter established, except that this ordinance shall not
comply to any land lying within the corporate boundary of any
municipality.
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ARTICLE II
DEFINITION OF WORDS
Section 1. For the purpose of the administration and enforce-
ment 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 registered professional engineer or the consulting engin-
eer 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 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.
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2.8.1 Building Official. This term shall mean the
Director of the 'BUTId1ng and ZOll1ng Department or his authorized
representative.
2.9 Engineer. A professional eng1neer registered
and certified to rractice in the State of florida.
2.10 Health Department. The term "Health Department"
shall mean the Monroe County Board of Health and the f10rida
State Division of Health, as applicable and in accordance with
the Florida Statutes.
2.11 Person. The work "Person" Includes any indiv-
idual, group of individuals, firm, corporation, association,
organization, or any legal entity.
2.12 Plat. A map or delineated representation of the
subdivision of land, being a complete and exact representation
of the subdivision 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 Preliminary Arplication Plans. A preliminary
map, drawing or chart ind1catlng 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 for 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 c1rculation within residential or
business areas.
2.14 Subdivider. The term "subdivider" shall include
the term "developer" or h1S duly authorized agent or represent-
ative, and shall include the work "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.
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2.15.3 The resubdivision of land heretofore divided and
platted into lots, sites, parcels or however otherwise designated.
2.15.4 Dead End Canal. A man-made body of water, other
than a land locked lake or pond having a greater length tllan
twice its width.
2.15.5 Surveyor. A professional land surveyor registered
and certified to practice In the State of Florida.
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Section 1.
ARTICLE III
GENERAL REQUIRH!ENTS
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 pro-
vided and constructed and shall become the property of the Flo-
rida 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 Pollution Board.
Section 2.
Review of Plat
2.1 Before the final plat can be considered and ap-
proved by the County Commission, it must be reviewed and reported
on by each of the following:
2.1.1
2.1.2
2.1.3
2.1.4
2.1. 5
2.1.6
2.1.7
The County Building and Zoning Department.
The County Tax Assessor.
The County Engineer.
The Florida Keys Aqueduct Authority.
The County Attorney.
The Florida Keys Electric Cooperative Assoc., Inc.
and/or The City Electric System.
Southern Bell Telephone and Telegraph Co.
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2.1.8
2.1.9
State Pollution Board.
The County Clerk.
2.2 Nine (9) prints of the final plat shall be sub-
mitted to the Director, of the County Building and Zoning Depart-
ment who will provide one (1) print to each of the agencies listed
in 2.1 above for their prompt reviews and comments. All reviews
and comments ~hall be furnished to tIle Director. The Director
will review the plat for conformity witll this ordinance and,
after receiving all other reviews and comments, make his findings
known to the person submitting the plat with thirty (30) days
after it has been submitted. The Director will also furnish the
developers surveyor with a written tentitive approval of the
plat; otherwise, he shall furnish a written statement of the plat
deficiencies. When in the opinion of the Director, the plat con-
forms 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 approval of the final plat, the owner shall
post the required bond with construction plans before commencing
construction operations.
2.3 If the proposed plat indicates any dredge, fill,
or other construction operations which require Federal or State
Agency approvals or permits, the County will review the plat and
if the proposed dredge, fill or similar operation is deemed ac-
ceptable, the County will indicate its approval. This does not
remove the responsibility of the developer to obtain all required
Federal and State approvals or permits. Upon obtaining all re-
quired permits, the developer shall submit one copy of all docu-
ments to the Building and Zoning Department for record purposes.
Section 3.
County Jurisdiction
3.1 General. All facilities and construction of every
kind bl1ilt 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, turnouts, sidewalks, sprigging, landscaping,
culverts, storm sewers, sanitary sewers, side drains, inlets,
catch basins, manholes, junction boxes, headwalls, endwalls, re-
taining walls, water distribution systems, bridges and bridge work
of all kinds, pumping stations, seepage wells, trench drains,
ditch paving, rip-rap and other erosion control facilities, swales,
ditche~, canals, and the like shall be subject to the County's
requirements in full.
3.2 Utility Locations. The County shall have juris-
diction over the locations of poles, braces, guy wires, meter
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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 , under-
ground 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. 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 construct-
ion 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 Commission 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 Commission 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 obli-
gating 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 improve-
ments as prepared by the developer' s engineer and reviewed and
concurred in by the Director of the Building and Zoning Depart-
ment . Pavement cost will be based on the number of square yards
of street and alley paving required by the County ' s typical stand-
ard 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
•
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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 system may be estimated by the developerls
engineer but in such event, will be subject to review, revision
if necessary, and approval by the FKAA. Should the bonded h'ork
not be completed in one year, the Board of County Commissioners
may extend the time limit, provided the bond is extended.
Section 6.
Administration of this Ordinance.
The Director of the Building and Zoning Department
shall administer this ordinance under the direction of the Board
of County Commissioners.
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ARTICLE IV
PROCEDURE FOR PLAT APPROVAL
Section 1.
Pre-application Procedure
1.1 Before filing an application for conditional ap-
proval 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 Department and to become acquainted with the requirements
and procedures to be followed towards approval of the final plat.
1.2 The Zoning Department staff will informally re-
view the information submitted and make appropriate recommendations
o the developer before he begins preparation of the plat. Re-
view by the Zoning Department is not required for pre-application
review unless requested by the applicant, or recommended by the
Zoning Department's staff, or if a zoning change is required.
Section 2.
Construction Plans Procedure
2.1 Following approval of the pre-appication plans and
data, the developer shall have prepared the necessary construction
plans and specifications for all proposed improvements. 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 State Pollution Board and the Florida
Keys Aqueduct Commission before being submitted. Bonding proced-
ures 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
construction plans and specifications, the developer shall pro-
vide 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 construction plans and with-
in thirty (30) days after receipt shall notify the developer of
its approval, disapproval or conditional approval.
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2.2.1 ~proval-means the developer is authorized to pro-
ceed with the constructIon of the physical improvements in the
development after securing any required construction permits, and
to proceed with preparation of tIle final plat.
2.2.2 Conditional Ap~roval-means the developer may pro-
ceed as outlined in the precealng paragraph, but only after he
has submitted eight copies of the revised construction plans to
the Building and Zoning Department 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 Department 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
~ontigous to and have access to an existing public street; and
.;hall 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 Zoning Dir-
ector shall require that construction plans for all improvements
be submitted by the subdivider. Nine (9) copies of the final plat
shall be submitted by the developer to the Zoning Department. Fol-
lowing approval of the final plat by the Zoning Department, 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. The original
plat shall be retained by the owner or developer.
3.3 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 construction plans, required documents, ex-
hibits, legal instruments to guarantee performance, certificates
properly executed by all required agencies and parties as required
in this ordinance and recording fee. Immediately following 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 con-
tingent upon completion of any uncompleted requirement.
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Section 4.
Prcrequistite to Filing Plats.
Prior to filing final plats, tIle developer shall obtain the
appropriate zoning for the proposed development.
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ARTICLE V
PLATS AND DATA REOUIREMENTS
,
Section 1.
General
1.1 Required Road Street and Draina e Construction
As a condition 0 acceptIng tIe p at or I lng, tae eve oper shall
prepare plans for construction and drainage of public roads, streets,
alleys and publicly owned parking areas in the subdivision, in-
cluding his side of any unpaved public roads, streets and alleys
which bound 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 Countyls
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 otherwise modify
[he 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. Construct-
ion 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 Re uired Water Distribution As a
condition precedent to tne acceptance 0 tIe plat or I ing, 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 engine-
ering principles and practices, the regulations and specifications
of the Florida Keys Aqueduct Authority and its water main extension
policy, and shall be approved by the Florida Keys Aqueduct Autho-
rity as required 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. Ml State and
County regulations and ordinances pertainIng to sanitary sewage
treatment, collection and disposal are to be complied with.
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1.3 Positive nrain~lJ!e P:2quircd,_ The developer shall,
at no expense to the County, provide plans for such fr:cilities
as may be needed to drain the subdivision including all rights-
of-way, easements and necessary construction, to positjve out-
lets 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 necessarily be considered as such public drainage sys-
tems or positive outlets. Dry wells may be considered as posit-
i ve outlets, with the special approval of the Di rector.
1.4 Dedication to Public Reouired, Rights-of-way
for roads, streets an craTleys , "canals., "~nd iig'Jlts-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 re-
quired:
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 secondar1 Roads and Streets-;!inimum right-of-way
width shall be fIfty (50 feet, twenty five (25) feet each side
of center line, except in areas zoned for Trailer Parks (refer
to Monroe County Zoning Ordinance). Street markers and traffic
lontrol signs shall be installed at the expcns8 of the developer
in accordance with the County's typical standard construction
details.
1.4.3 Al1e~S-ftinimum right-of-\vay width shall be twenty
(20) feet, ten (10) eet each side of centerline.
1.4.4 Utility Easements-Utility easements other than
drainage easements sha~l be six ieet 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 Draina e Easements and Rights-of-~aY-Easements
and rights-of-way or ralnage Itches, canals an swales shall
be of such widths as to accommodate adequate drainage facilities
plus fifteen (15) feet on one side for maintenance purposes if
required. Drainage easements shall be identified on the plat
as such. ilaintenance 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 Inprovement Assoc-
iation is orgainzed and qllalified for the purposes of providing
for the maintenance of streets, roads, alleys, easements for
utilities and rights-of-h-ay and casements for drainage, and
which Improvement Association is empowered to assess the owners
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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 v;hich required 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 here-
by waived.
1.5 Existing Roads and Streets, Shall Be Continued.
Main roads and streets on the plat shall be located so as to pro-
vide continuations and extensions of existing main roads and
streets in adjoining subdivisions.
1.6 Access Reauired. Roads and streets shall be lo-
cated to provide~access to all adjoining land at intervals not
more than 1/4 mile (1320 ft.) unless blocked by a natural ob-
stacle. Access to all adjoining property must be provided by
the developer at his expense if any of the developers actions
block natural existing access. Every lot or parcel of land in
a subdivision shall have access to a public road or street.
1.7 tlinimum Lot Size Required. Lots shall have min-
imum dimensions in accordance with the requirements of the res-
pective districts as specified in the zoning ordinance.
1.8 Maximum Block Size Permitted. Maximum block
size, as measureabetween 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 roaus and streets,
otherwise new roads and streets shall not be named after exist-
ing roads and streets unless their post office audresses 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
fi fty (50) feet to the prope rty 1 fne. The ri gh t - 0 f -'vay around
the circle shall be joined to the right-of-way along the street
by curves having at 1 eas t fi fteen (15) foot radi i.
1.11 Subdivisions Containing Lots of more than 1 Acre
in Area. Subdivislons of acreplus lots may be accepted, If the
Board of County Commissioners approves. Paved streets may not
5-3
I . _
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"1 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 canal , harbors or other marine
facilities are to be constructed that would promote stagnant water.
Canals inter-connected with culverts or bridged in any manner shall
be built in accordance 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 subdiv-
ision information shall describe or outline the existing conditions
of the site and hereinafter. This information shall include data
on existing covenants , land characteristics , available community
facilities and utilities information describing 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 utilit-
ies and street improvements .
2 . 2 Location Map. Location map shall show the rel-
ationship of the proposed development to existing community fac-
ilities 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.
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 con-
ditions . The Sketch Plan may be free-hand pencil sketch and
shall include data listed in 3. 1 below as may be required by
the Monroe County Zoning Director. •
Section 3. Plans and Data for Approval of Pre-Application Plans
3. 1 Topographic Data. Topographic data required for
the plat shall include existing conditions as follows except when
otherwise specified by the Zoning Department .
•
5-4
3.1.1
3.1.2
Boundary lines: bearings and distances.
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 elevatjon of
surface; any legally established centerline elevations; side-
walks, curbs, gutters, and culverts.
3.1.4 Other conditions on the tract such as water
courses, mangroves, rock outcrops, wooded areas, isolated pre-
servable trees (with trunk diameters), houses, barns, shacks, and
other significant features.
3.1.5
Zoning on the land adjacent to the tract.
3.1.6
Location map showing location of tract.
3.1.7 Title and certificates. Present tract designation
according to offIcIal records 1n offIce of appropriate recorder;
title under which proposed subdivision is to be recorded with
names and addresses of owners, notation stating acreage, scale,
north arrow, datum, benchmarks, certification of registered
land surveyor, date of survey.
3.2 Other Preliminary Plans. When required by the
Zoning Department, 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 indic-
ated. 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 pro-
tective covenants whereby the developer proposes to regulate land
use in the subdivision and otherwise protect the proposed develop-
ment.
Section 4.
Plans and Data for Approval of Construction Plans.
As a condition for preliminary approval of construction plans,
the subdivider shall deliver to the Building and Zoning Department
complete plans and specifications prepared by a professional engi-
neer registered in the State of Florida, which s]lall include the
following:
4.1 A drainage map of the entire area within which
the subdivision lies. This map may be combined with the A top-
5-5
agraphic 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
calculations. I The "rational formula" or other methods accept-
able to the Building and Zoni~g Department shall be employed.
4.3 Plans showing proposed design features and typical
sections of canals. swales, and all other open channels. storm
sewers, all drainage structures, roads, and curbs, and other pro-
posed subdivision construction.
4.4 Plans of all proposed roads and profiles where
required. lfuere proposed roads intersect existing roads, ele-
vations and other pertinent details shall be shown for existing
roads for a minimum distance of five hundred 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-appllcation plans and shall be drawn on linen or
stable base drafting film sheets, 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 sub-
divisions the final plat may be submitted for approval progress-
ively in contiguous sections or units as approved by the Zoning
Department. 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.N's
along the boundary of the land to be platted.
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.
5-6
5.1.3 Name and right-of-way widths of eacl} 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
other sites.
Minimum building setback lines on all lots and
5.1.8
5.1.9
land.
Location and description of monuments.
Names of record owners of adjoining unplatted
5.1.10 Reference to recorded subdivision plats of ad-
joining 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. Tlle dedication shall be
executed by all developers 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, ~Ionroe County plat restrictions, dedi-
cation by developer, mortgagee approvals, approvals of the Monroe
County Building and Zoning Department, approval of the ~!onroe
County Board of County Commissioners, and a recording and sur-
veyorls certificate.
5.1.15 Each plat s}lall be accompanied by receipted tax
bills or a certification from the County that all taxes and
assessments have been paid on the land within the proposed sub-
division.
5.1.16 Condominium ownership and recording are covered
in the Condominium Act, Chapter 711, Florida Statutes, 1969. If,
however, the boundaries of each individual condominium association
5-7
is not a platted lot~ parcel. tract or such section of land of
record~ the land shall be platted in accordance with Chapter
7l-339~ Laws of Florida Special Acts, 1971.
5.1.17
Title~ scale~ north arrow~ and date.
5.2 Engineers Certificate. A certificate by the
County Engineer certifying tllat the construction plans and speci-
fications have been prepared in accordance witll this ordinance~
sound engineering standards and the Countys Standard Construction
specifications and details.
5.3 Protective Covenants. Protective covenants or
deed restrictions In form of recording.
5.4
Certificate of
shall be shown
the plat meets
ordinance.
Certificate of Ap roval b r Zoning Department. A
Approval slgne y tIe BuildIng and ZonIng DIrector
on the final plat for recording~ certifying that
the requirements of this ordinance and the Zoning
5.5 Other Data. Such other certificates~ affidavits~
or endorsements as may be required by the Zoning Director in the
enforcement of this ordinance.
Section 6.
Engineering Plans and Specifications
All cost of engineering plans and specifications in connec-
tion with the layout and construction of any subdivision and im-
Jrovements 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
rcad~ street, alley~ or other parcel dedicated to the public in
any plat or map so offered but said body may exercise such right
at any time at its own discretion. The Board of County Commis-
sioners 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 installment 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.
5- 8
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 conven-
ience and safety, and in their appropriate relation to the pro-
posed uses of the land to be served by such streets.
1.2
shall either:
The arrangement of streets in a subdivision
1.2.1 Provide for the continuation or appropriate pro-
Jection of existing principal streets in surrounding areas; or
1.2.2 Conform to a plan for the neighborhood approved
or adopted by the Zoning Director to meet a particular situation
where to}lographical or other conditions make continuance or con-
formance 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 Director may require mar-
ginal 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, wit]l conditions approved by the Zoning
Director.
1.6 Streets with centerline offsets of less than one
hundred twenty-five (125) feet at points of intersection with
other streets shall be avoided where possible.
6-1
1.7 A tangent of at least one hundred (100) feet
shall be introduced between reverse curves on cuterial and
collector streets, if required by the Building and Zoning
Department.
1.8 lVhen connecting street lines deflect from each
other at anyone point by more than ten degrees, they shall be
connected by a curve with a redius Rrlequate to insure a sight
distance of not less than three hundred feet for minor and
collector streets, and of such greater radii as the Zoning
Department 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 in-
tersect 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 tIle Zoning Director may deem it necessary.
The Zoning Director may permit comparable cut-offs or chords
in place of rounded corners.
1.11 Street right-of-way widths shall be as required
by the Zoning Director consistent with the projected type or
use of the proposed street.
1.12 flalf-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 Director finds it will be practicable to re-
quire the dedication of the other half when the adjoining
property is subdivided. l}herever 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 be provided at the closed end with a turn-around having an
outside roadway diameter of at least seventy (70) feet, and a
street property line diameter of at least one hundred (100)
feet, or may be provided hoi th a liT" type turn- around as may be
approved by the Zoning Department, or may serve as a temporary
dead-end condition.
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 Director.
1.15 Street grades, including bridge approaches, shall
not exceed six percent with properly designed vertical curves.
6-2
1.16 Paved roads and streets shall be paved at least
t'venty (20) feet \\Tide on a minimum base width of twenty-two (22)
feet ;:md a minimum sub-grade width of twenty-four (24) feet all
as required in }lonroe County's typical standard construction
details.
1.17 Stabilized shoulders seven feet wide shall be
provided for publi~ parking and safety along all roads and
streets.
1.18 North and East 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 be not less than +4.0 msl.
Section 2.
Alleys
2.1 Alleys shall be provided in business districts,
except that the Zoning Director 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 ali-
"ment shall 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 Director.
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 casements along said lot lines.
3.2 Where a subdivision is traversed by a water
course, drainage way, channel, or stream, there shall be pro-
vided a storm water easement or drainage right-of-way conforming
substantially with the lines of such water course, ancI such
further width or construction, or hoth, as will be adequate for
the purpose. Parallel streets or parkways may be required in
connection therewitll. Fifteen (15) foot maintenance easements
may be required along drainage canals.
6-3
3.3 Only by special permission will runs of drainage
tile in excess of twenty-four feet he permitted. Request for
permission to exceed twenty-four feet shall be conditioned upon
owners submission of detailed information relative to tIle in-
stallation. The information submitted shall include but not
be limited to:
3.3.1
3.3.2
3.3.2.1
3.3.2.2
3.3.2.3
Section 4.
Length of run
Elevations
Existing tile inverts
Pavement's edge
Existing swale elevations
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 s11all not exceed one thousand three
hundred twenty feet, IInless 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 pro-
vide circulation, or access to schools, playgrounds, shopping
centers, transportation, and other community facilities.
Section S.
Lots
5.1 The lot size, width, depth, shape, and orient-
ation, 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 accordance with the Monroe Zoning Ordinance.
6-4
5.2 Lot dimensions shall conform to the requirements
of the Zoning Ordinance and the fnlIoHing:
5.2.1 Residential lots, where not serviced by public
or private 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 pI a to
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 orientat-
ion 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 re-
quirements set forth in the Zoning Ordinance.
5.5 Double frontage and reverse frontage lots, should
be avoided except where essential to provide separation of resi-
'ntial development from traffic arteries or to overcome spcc-
lfic disndvantages of topography and orientation. 1\ planting
screen easement of at least ten feet, and aCTOSS 1\'hich 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 Open Spaces
6.1 Where a proposed park, playground, school or
other public use shO\m is located in ""'hole or in part in a sub-
division, the Zoning Director may require the dedication or
reservation of such area within the subdivision in those areas
which the Zonjng Director deems such requirements to be reasonable.
6.2 lfuere deemed essential by the Zoning Director,
upon consideration of the particular type of development proposed
in the subdivision, and especially in large scale neighborhood
unit developments, the Zoning Director may require the dedication
or reservation of such other areas or sites of a character, ex-
tent, and location suitable to the needs created by such develop-
6-5
ment 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 ,vater courses,
and for hi s torical spots and s imi 1 ar communi ty as sets, l",hi ch ,
if preserved, will add attractiveness and value to the property.
Section 8.
Drainage
A complet 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 nonroe County area at
three-year intervals according to current Department of Trans-
portation charts. The run-off coefficients used shall be those
that will be applicable to the areas involved in the calculations
after complete development has occurred. The drainage system
'all provide complete and final poisitive disposal of all run-off
d0ther 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 Distrihution And Sanitary Sewage Collection
9.1 A complete water distribution system shall be in-
stalled. The system shall be designed to meet the requirements
of the Florida State Division of Health and the [lorida Keys
Aqueduct Authority and its water main extension policy.
9.2 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
DepartT'lent of Pollution Control and the Monroe County Waste and
Disposal Board.
Section 10.
Suitability of Land
10.1 The Zoning Director shall not approve the subdivis-
Ion of land if, from adequate investigation concucted by the Honroe
County Board of Health, State Division of Health and other public
agencies concerned, it has been determined that, in the best in-
terest of the public, the site is not suitable for platting and
development purposes of the kind proposed.
6-6
10.2 Land subject to frequent flooding and land dcemerl
to be topographically unsuitable s]1a1l not be platted for res-
idential 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 be endangered by periodic or occassional intmdation 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 rlile Bridge and +4.0 north and east of the Seven 1'HIe
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 clcternined by the Building and
Zoning Department. Once the elevation of the land is filled to
the required elevation it will be considered suitable for develop-
ment. 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 pro-
perty lying below the minimum elevations established herein.
Section 11.
Large Tracts or Parcels
11.1 When land is subdivided into parcels larger than
rdinary 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 Per-
mitted, the Lot and Building Requirements, and the General Pro-
visions of the Zoning Ordinance of Monroe County, Florida.
Section 13.
Improvements in Excess of },linimum Requi rements
Should the developer elect to provide improve-
ments 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.
Engineers and Surveyors Certificates
The county engineer shall certify that all im-
provements have been completed in accordance with the approved
plans before the County will accept the improvements. A reg-
6-7
istered 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 of 1971.
Section 15.
All new developments be required to use only clean
solid fill
All muck pockets to be dug out and refilled with
solid fill on any building sites.
fill.
Muck may be used as top soil in top six inches of
All brush and wood must be removed and not used
as fill.
6-8
ARTICLE VII
REQUIPED nlPROVDfENTS
Section 1.
Application
The subdivider shall be required to construct
all improvements including streets and alleys, curbs, side-
walks, 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 Depart-
ment 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 :lonroe County, Florida."
ction 2.
Honuments
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 re-
quired cross section. Due to special topographical conditions,
deviation from the above will be alloHed only with special ap-
proval of the Zoning Director. All grading shall be done in a
manner which will prevent erosion.
7-1
Section 4.
S t 0 rm Dr 2 i]2 a r: c
An adequate drainage system designed in accord-
ance with good engineering principles and including necessary
open ditches, pipes, culverts, intersectional drains, drop in-
lets, bridges, etc., shall he provided for the proper drainage
of all surface water, according to plans approved by the Build-
ing and Zoning Department. Tl1is includes all drainage facil-
ities within the limits of the subdivision, plus all off-site
facilities necessary to fully and finally dispose of all run-
off.
Section S.
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 otller construction
approved by the Building and Zoning Department.
Section 6.
Sidewalks
6.1 Concrete sidewalks may he provided at least four
(4) inches thick and reinforced with 6" x 6" number 6 wire mesh
in 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 Nays. Pedestrians ways, not less than
six feet wide, shall be required where deemed essential to pro-
vide 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 in-
stalled underground.
7.2 All driveways for buildings to be constructed
by the subdivider or developer shall be concrete not less than
four (4) inches thick on a mechanically compacted base and re-
7-2
in for c e d wit hat 1 e as t 6" x 6" n U Jil b e r six ( 6) 1>1 rem c s h, 0 r s u c h
other construction as may be approved by the Building and Zoning
Department.
7.3 All underground utility mains and serVice con-
nections 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 8.
Water Sunnlv and Sanitary Sewer Service
J L. , ~
8.1 When a pre-application plan is submitted to the
Zoning Department, there shall also be su1mi tted by the developer
a letter of intent, sworn to before a notary public, setting forth
the developers intention with respect to immediate or deferred
construction of residential, Jilultiple family or commercial im-
provements upon the lots within said subdivision. The letter of
intent shall state that the developer shall install water dis-
tribution mains and sewage collection and treatment facilities
when required prior to final plat approval.
8.2 Septic tanks and drain fields shall be permitted
only when approved by the :-Ionroe County Board of Heal th and the
State Division of Health.
8.3 Proposed water lines shall be coordinated with
the Florida Keys Aqueduct Authority and shall meet all conditions
and requi rcments of the FKAA ';,a ter main extens ion pol icy.
Section 9.
Street Name Signs
The developer, at his expense, S11811 install street
name SIgns at each intersection in the subdivision, includinb en-
trance roads, of durrable and sound construction in accordance
'vith "Standard SpecifiC"ltions and Details of ?~onroe County."
Section 10.
Traffic Control Signs
The developer, at his expense, sh811 install traf-
fic control signs at locations determined by the Zoning Director.
Such signs shall meet the requirements of the Uniform Sign ~Ianual
of the Florida State Department of Transportation.
7-3
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 sho\Vn that the subdivider would be
subject to unnecessary hardship with strict adherence to this
ordinance.
1. 2 When it is determined by the Zoning Di rector
that topographical or other conditions perculiar to the site pre-
vail which justify variances to this ordinance provided that such
variances will not destroy the intent or purpose of this ordin-
ance, and 'viII be in the general public interest. Any variance
allowed by the Zoning Director shall be stated in writing with
t},e reasons for which the variance was granted.
Section 2.
Zoning or Other Regulations
2.1 No plat shall be approved unless such plat con-
forms 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 stand-
ards shall apply.
8-1
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 Director. IIowever, no
amendment to this ordinance shall become effective until after
a public hearing on each amendment shall be lleld by the Board
of County Commissioners at which parties in interest and cit-
izens shall have an opportunity to be heard. At least fifteen
(15) days notice of the time and place of such hearing shall
l)e published in the newspaper of general circulation in Monroe
County, Florida.
Section 2.
Savings Clause
Should any Article, Section, subsection, pro-
vision, 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
requirements, for the purpose of promoting the general public
health, safety, and welfare of the people of ~Ionroe County, Florida.
Section 4.
Conflict With Other Legal Documents
Where other laws, ordinances, or provate restri-
ctive covenants in recorded deeds or any other legally binding
agreements impose greater restrictions amd limitations than those
provided herein, such laws, ordinances, covenants, or agreements
shall control.
9-1
Section 5.
Rep e ~l
All ordinances, Resolutions or amendments thereto
In conflict with this ordinance arc hereby repealed to the extent
of such conflict.
9- 2
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONC ERN that on
Tuesday, October 30, A. D. 1973, at 2:00 P. M. in the Monroe County Court-
house, Key West, Florida, the Board of County Commissioners of Monroe
County, Florida intends to consider the adoption of the following County
Ordinance:
ORDINANCE NO.
-1973
AN ORDINANCE PERTAINING TO THE ADOPTION OF
REVISED PLAT FILING RULES AND REGULATIONS FOR
MONROE COUNTY, FLORIDA, SETTING FORTH PUR-
POSE, INTENT, AUTHORITY, AND JURISDICTION; DEFI-
NITIONS, GENERAL REQUIREMENTS, PROCEDURE FOR
PLAT APPROVAL, PLATS AND DATA REQUIREMENTS,
DESIGN STANDARDS, REQUIRED IMPROVEMENTS, VARI-
ANCES, LEGAL STATUS PROVISIONS OF SAID RULES AND
REGULATIONS; PROVIDING FOR A PENALTY FOR ANY
VIOLATIONS OF THIS ORDINANCE; REPEALING MONROE
COUNTY ORDINANCE NO. 2-1973, AND REPEALING ALL
SPECIAL LAWS, OTHER ORDINANCES, RESOLUTIONS, RULES
AND REGULATIONS IN CONFLICT WITH THIS ORDINANCE
TO THE EXTENT OF SAID CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
DATED at Key West, Florida this 1st day of October, 1973.
RALPH W. WHITE
Clerk of the Circuit Court of Monroe
County, Florida and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida
(SEAL)
Publish: Thursday, October 4, 1973.
•
PROOF OF PUBLICATION
Ol a Kell i;!i est (titttEen
Published Daily
Key West, Monroe County, Florida
STATE OF FLORIDA
COUNTY OF MONROE f ss.
Before the undersigned authoritypersonallyJohn E. Swagger
appeared ----�-------
who on oath says that he is
NOTICETO OS DF ERADOINTENTION Manager
OF
ADOPTION Advertising Of The Key West Citizen,
OF COUNTY ORDINANCE ='ll
Q ..
NOTICE IS HEREBY GIVEN TO WHOM da newspaper published at Key West in Monroe County, Florida; that the attached copy
ITo MAY CONCERN that on Tuesday, Oc-d advertisement, being a Notice of Intention to consider
tober 30 A.D.1913,at 2:00 P.M.in the Monroe 1�
County Courthouse, Key West, Florida,the Adoption of County Ordinance
Board of County Commissioners of Monroe
County, Florida intends to consider the
adoption of the following County Ordinance: 1973
in the matter of Ordinance No.
ORDINANCE NO. 1973 An Ordinance pertaining to the Adoption
AN
ADOPORDINANCE T ON OF REVISED PLAT Tt LTHE ING of Revised Plat Filing Rules and Regulations,
RULES AND RGULATIONS FOR
MONROE COUNTY,E FLORIDA, SETTING etc.
FORTH PURPOSE, INTENT,
AUTHORITY, AND JURISDICTION;
DEFINITIONS, GENERAL
REQUIREMENTS, PROCEDURE FOR
PLAT APPROVAL, PLATS AND DATA
REQUIREMENTS,DESIGN STANDARDS,
REQUIRED IMPROVEMENTS,
VARIANCES, LEGAL STATUS
PROVISIONS OF SAID RULES AND
REGULATIONS; PROVIDING FOR A
PENALTY FOR ANY VIOLATIONS OF
THIS ORDINANCE; REPEALING
MONROE COUNTY ORDINANCE NO. 2-
1973, AND REPEALING ALL SPECIAL
LAWS, OTHER ORDINANCES,
RESOLUTIONS, RULES AND
REGULATIONS IN CONFLICT WITH THIS
ORDINANCE TO THE EXTENT OF SAID
CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
DATED at Key West,Florida this 1st day of
October, 1973.
RALPH W.WHITE
Clerk of the Circuit Court of
Monroe r^.:r: ida and
ex officio Clerk of the ;oard of was published in said newspaper in the issues of October 4.t h, A.D. 1973
#r" County Commiss 'nersof
Monroe County, rlorida
October 4, 1973
aim
Affiant further says that the said The Key West Citizen is a newspaper published at
Key West, in said Monroe County, Florida, and that the said newspaper has heretofore
been continuously published in said Monroe County, Florida,each day(execpt Saturdays)
and has been entered as second class mail matter at the post office in Key West,in said
Monroe County, Florida,for a period of one year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount,rebate,commission or refund for
the purpose of securing this advertisement for publication in the said newspaper.
41114
(SEAL)
Sworn to an subscri a ore me this -_ 4- -
day of !;;;
A. 19_�3
NOTARY PUBLIC'E"PRLS % 'r'D B' 1�N0�
MY CtI)MMI5S1
GENERAL INSURANCE UNDERWRItL f
~ttrttnt1! Xli 6~taf~
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
1904) 488-3918
RICHARD (DICK) STONE
SECRETARY OF STATE
November 5, 1973
Honorable Ralph W. White
County Clerk
Monroe County
Key West, Florida
Dear Mr. White:
Pursuant to the provisions of Section 125. 66, Florida Statutes,
this will acknowledge your letters of October 31 and certified copies
of Monroe County Ordinances Nos. 73-12 and 73-13, which were filed
in this office on November 5, 1973.
Kindest regards.
Cordially,
RICHARD (DICK) STONE
Secretary of State
7// .'
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By \ ~/
(Mrs. ) N'ancy Kavanaugh
Chief, Bureau of Laws
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