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Ordinance 019-1975 ORDINANCE NO . 19 -1975 AN ORDINANCE AMENDING MONROE COUNTY ORDINANCE NO. 3- 1973 THE SAME BEING AN ORDINANCE PERTAINING TO THE ADOPTION OF REVISED PLAT FILING RULES AND REGULATIONS FOR MONROE COUNTY, FLORIDA, BY AMENDING SECTION 3. APPLICABILITY OF ARTICLE I , PURPOSE , INTENT, AUTHORITY, AND JURISDICTION, PARAGRAPH 3 . 1 BY CHANGING THE WORD "DIRECTOR" TO "ZONING OFFICIAL" , THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING. AND ZONING DE- PARTMENT", AND THE WORDS "COUNTY COMMISSIONERS" TO "BOARD OF COUNTY COMMISSIONERS" ; AMENDING SAID SEC- TION 3 OF SAID ARTICLE I, PARAGRAPH 3 . 2 BY CHANGING THE WORDS "DIRECTOR" TO "ZONING OFFICIAL" AND "BUILD- ING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SAID SECTION 3 OF SAID ARTICLE I, PARAGRAPH 3. 4, BY CHANGING THE WORDS "DIRECTOR" TO "ZONING OFFICIAL" AND "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SEC- TION 2. DEFINITIONS OF ARTICLE II , DEFINITION OF WORDS , PARAGRAPH 2. 8. 1 BUILDING OFFICIAL, BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "BUILDING DEPARTMENT; AMENDING SAID SECTION 2 OF SAID ARTICLE II, BY ADDING PARAGRAPH 2. 15 . 6 DEFINITION OF DIRECTOR, PARAGRAPH 2. 15 . 7 DEFINITION OF ZONING DIRECTOR, AND PARAGRAPH 2. 15. 8 DEFINITION OF ZONING OFFICIAL AND DEFINING SAID ZONING OFFICIAL' S AUTHORITY; AMENDING SECTION 1. GENERAL OF ARTICLE III, GENERAL REQUIRE- MENTS , BY CHANGING THE WORDS "STATE POLLUTION BOARD" TO "MONROE COUNTY WASTE COLLECTION AND DISPOSAL DIS- TRICT OR ANY SUCCESSOR THERETO" ; AMENDING SECTION 2 . REVIEW OF PLAT OF SAID ARTICLE III , PARAGRAPH 2 . 1 . 1 BY CHANGING THE WORDS "THE COUNTY BUILDING AND ZONING DEPARTMENT" TO "MONROE COUNTY PLANNING AND ZONING DEPARTMENT" ; AMENDING SAID SECTION 2 OF SAID ARTICLE III BY ADDING PARAGRAPH 2 . 1. 10 MONROE COUNTY WASTE COLLECTION AND DISPOSAL DISTRICT AND PARAGRAPH 2. 1. 11 MONROE COUNTY ROAD DEPARTMENT; AMENDING SAID SECTION 2 OF SAID ARTICLE III, PARAGRAPH 2. 2 BY CHANGING THE WORDS "NINE (9) " TO "ELEVEN (11) ", "DIRECTOR" TO "ZONING OFFICIAL" , AND "COUNTY BUILDING AND ZONING DEPARTMENT" TO "COUNTY PLANNING AND ZONING DEPART- MENT" ; AMENDING SAID SECTION 2 OF SAID ARTICLE III , PARAGRAPH 2 . 3 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPART- MENT" ; AMENDING SECTION 5 . PERFORMANCE OR SURETY BOND OF SAID ARTICLE III, BY' .CHANGING THE WORDS "DIRECTOR" TO "ZONING OFFICIAL" AND "BUILDING AND ZONING DEPART- MENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SECTION 6. ADMINISTRATION OF THIS ORDINANCE OF SAID ARTICLE III BY CHANGING THE WORDS "DIRECTOR" TO "ZONING OFFICIAL" AND "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SEC- TION 1. PRE-APPLICATION PROCEDURE OF ARTICLE IV, PRO- CEDURE FOR PLAT APPROVAL, PARAGRAPH 1. 2 BY REQUIRING THE PLANNING AND ZONING DEPARTMENT STAFF TO REVIEW ALL PRE-APPLICATION PLANS AND DATA SUBMITTED BY A DE- VELOPER; AMENDING SECTION 2 . CONSTRUCTION PLANS PRO- CEDURE OF SAID ARTICLE IV, PARAGRAPH 2 . 1 BY CHANGING THE WORDS "STATE POLLUTION BOARD" TO "MONROE COUNTY WASTE COLLECTION AND DISPOSAL DISTRICT OR ANY SUC- CESSOR THERETO" ; AMENDING SAID SECTION 2 OF SAID ARTICLE IV, PARAGRAPH 2 . 2 SUBMISSION OF PLANS , BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SAID y _2- SECTION 2 OF SAID ARTICLE IV, PARAGRAPH 2 . 2 . 2 CON DITIONAL APPROVAL BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "BUILDING DEPARTMENT" ; AMENDING SAID SECTION 2 OF SAID ARTICLE IV, PARA- GRAPH 2. 2. 3 DISAPPROVAL BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "BUILDING DE- PARTMENT"; AMENDING SECTION 3 . FINAL PLAT PROCEDURE OF SAID ARTICLE IV, PARAGRAPH 3 : 2 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" AND "NINE (9) " TO "ELEVEN (11)" ; AMENDING SECTION 1. . GENERAL OF ARTICLE V, PLATS AND DATA REQUIREMENTS, ,PARAGRAPH 1. 3 POSITIVE DRAINAGE REQUIRED BY CHANG- ING THE WORD "DIRECTOR" TO "ZONING OFFICIAL" ; AMEND- ING SAID SECTION 1 OF SAID ARTICLE V BY DELETING PARAGRAPH 1. 11 AND CHANGING PARAGRAPH 1. 12 TO READ . 1. 11 ; AMENDING. SECTION 2. PRE-APPLICATION PLANS AND DATA OF SAID ARTICLE V, PARAGRAPH 2. 3 SKETCH PLAN BY CHANGING THE WORDS "MONROE COUNTY ZONING DIREC- TOR" TO "MONROE COUNTY ZONING OFFICIAL" ; AMENDING SECTION 3 , PLANS AND DATA FOR APPROVAL OF PRE- APPLICATION PLANS OF SAID ARTICLE V, PARAGRAPH 3 . 1 TOPOGRAPHIC DATA BY CHANGING THE WORDS "ZONING DE- PARTMENT" TO "PLANNING AND ZONING DEPARTMENT"; BY AMENDING SAID SECTION 3OF SAID ARTICLE V, PARA- GRAPH 3 . 2 OTHER PRELIMINARY PLANS BY CHANGING THE WORDS "ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" AND "U. S . COAST AND GEODETIC" TO "NATIONAL OCEANGRAPHIC" ; AMENDING SECTION 4. PLANS AND DATA FOR APPROVAL OF CONSTRUCTION PLANS OF SAID ARTICLE V, BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "BUILDING DEPARTMENT" ; AMENDING SAID SECTION 4 OF SAID ARTICLE V, PARA- GRAPH 4. 1 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" .TO "PLANNING AND ZONING DEPART- MENT" ; AMENDING SAID SECTION 4 OF SAID ARTICLE V, PARAGRAPH 4. 2 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPART- MENT; AMENDING SECTION 5 . PLANS AND DATA FOR FINAL APPROVAL OF PLATS OF SAID ARTICLE V, PARAGRAPH 5. 1 FINAL PLAT, BY CHANGING THE WORDS "ZONING DEPART- MENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMEND- ING SAID".SECTION 5 OF SAID ARTICLE V, PARAGRAPH 5 . 1. 14 BY CHANGING THE WORDS "MONROE COUNTY BUILD- ING AND ZONING DEPARTMENT" TO "MONROE COUNTY PLAN- NING AND ZONING DEPARTMENT" ; AMENDING SAID SEC- TION 5 OF SAID ARTICLE. V, PARAGRAPH 5 . 4 CERTIFICATE OF APPROVAL BY ZONING DEPARTMENT BY CHANGING THE WORDS "CERTIFICATE OF APPROVAL BY ZONING DEPART- MENT'.' TO "CERTIFICATE OF APPROVAL BY PLANNING AND ZONING DEPARTMENT" AND "BUILDING AND ZONING DIREC- TOR" TO "ZONING OFFICIAL" ; AMENDING "SAID SECTION 5 OF SAID ARTICLE V, PARAGRAPH 5 . 5 OTHER DATA, BY CHANGING THE -WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SAID ARTICLE V BY ADDING SECTION 8,REQUIRING THE DEVELOPER TO PROVIDE CER- TIFICATION FROM APPROPRIATE REGULATORY AGENCIES " THAT ADEQUATE FACILITIES:ARE IN EXISTENCE TO SERVE THE NEEDS AND REQUIREMENTS OF THE. EXISTING POPULATION AND THE PORPOSED DEVELOPMENT PRIOR TO PLAN APPROVAL; AMENDING SECTION 1. STREETS OF ARTICLE VI, DESIGN STANDARDS , PARAGRAPH 1. 2 . 2 BY CHANGING THE' WORDS "ZONING DIRECTOR" TO ""ZONING OFFICIAL" ; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1. 4 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SAID SEC- TION 1 OF SAID ARTICLE VI , PARAGRAPH 1 . 5 BY CHANG- ING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARA- • GRAPH 1. 7 BY CHANGING THE WORDS "BUILDING AND ZON- ING DEPARTMENT" TO READ "PLANNING' AND ZONING DEPART- MENT"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI , . • . • • • • - -3- PARAGRAPH 1. 10 BY CHANGING THE WORDS- "ZONING DIREC- TOR" TO "ZONING OFFICIAL" ; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1. 11 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ;AMEND- ING SAID SECTION 1 OF SAID ARTICLE VI , PARAGRAPH 1. 12 BY CHANGING THE WORDS "ZONING DIRECTOR" TO- "ZONING - OFFICIAL" ; AMENDING SAID -SECTION 1 OF SAID ARTICLE VI PARAGRAPH 1. 13 •BY CHANGING THE WORDS "ZONING .DEPART- MENT" TO "PLANNING AND. ZONING DEPARTMENT"; AMENDING SAID SECTION 1 OF SAID. ARTICLE VI, PARAGRAPH '1. 14 • - BY CHANGING THE 'WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1. 18 TO REQUIRE A MINIMUM CROWN. ELEVATION OF + 4. 0 MSL FOR ALL ROADS AND STREETS IN MONROE COUNTY AND SETTING MINIMUM FLOOR ELEVATIONS ; AMEND • - ING SECTION 2. ALLEYS OF SAID ARTICLE VI, PARAGRAPH 2.1 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SAID SECTION 2. OF SAID ARTICLE VI, PARAGRAPH 2.3 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" AMENDING SECTION 6 . PUBLIC SITES AND OPEN SPACES OF SAID ARTICLE .VI, PARAGRAPH 6. 1 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SAID SECTION 6 OF SAID ARTICLE VI ; PARAGRAPH 6. 2 , - BY CHANGING THE WORDS •"ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SECTION 8. DRAINAGE OF SAID ARTICLE VI, BY ADDING STANDARDS TO. MINIMIZE THE EFFECT OF WATER POLLUTION FOR WATER DRAINAGE FROM STORM RUNOFF; AMENDING SECTION 10 . SUITABILITY OF LAND OF SAID ARTICLE VI, PARAGRAPH 10 . 1 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL AMENDING SAID SECTION. 10 OF SAID ARTICLE VI , PARA • - GRAPH 10. 2 TO REQUIRE THAT LAND SUBJECT TO FREQUENT FLOODING OR DEEMED. TO •BE• TOPOGRAPHICALLY UNSUITABLE SHALL NOT BE PLATTED FOR RESIDENTIAL- OCCUPANCY AND CERTAIN OTHER 'USES AND SUCH- LANDS 'M ANY PLAT SHALL BE SET ASIDE FOR USE THAT WILL NOT BE ENDANGERED BY ERPIODIC OR OCCASIONAL INUNDATION OR WILL NOT .PRODUCE UNSATISFACTORY LIVING CONDITIONS ; AMENDING SECTION 3 . GRADING OF ARTICLE VII , REQUIRED IMPROVE= DENTS , BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SECTION '4. STORM DRAIN- AGE OF SAID .ARTICLE VII , BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; SECTION 5 . . CURBS AND GUTTERS OF SAID ARTICLE VII BY CHANGING THE. WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SECTION 7 . INSTALLATION OF UTILITIES AND DRIVEWAYS , OF SAID ARTICLE VII , PARAGRAPH 7. 3 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SECTION 8. WATER SUPPLY AND SANITARY SEWER SERVICE OF SAID ARTICLE VII , PARAGRAPH 8 . 1 BY CHANGING THE WORDS "ZONING DEPART- MENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SECTION 10: TRAFFIC CONTROL SIGNS' OF SAID ARTICLE VII - BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SECTION 1. VARIANCES OF ARTICLE VIII, VARIANCES , PARAGRAPH 1 . 2 BY CHANGING THE WORDS '"ZONING `DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SECTION 1. AMENDMENT OF ARTICLE IX, LEGAL STATUS PRO- VISIONS BY CHANGING THE WORDS "ZONING DIRECTOR" TO . "ZONING OFFICIAL" ; METHOD OF PROSECUTION OF VIOLA- TIONS OF THE PROVISIONS OF THIS ORDINANCE; EXCLUDING MUNICIPALITIES FROM THE PROVISIONS OF THIS ORDINANCE ; REPEALING ALL SPECIAL LAWS , ORDINANCES , RESOLUTIONS , RULES AND REGULATIONS IN CONFLICT HEREWITH TO THE EXTENT OF SAID CONFLICT; AND PROVIDING AN EFFECTIVE DATE. • y -4- BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Monroe County Ordinance No. 3-1973 the same being an Ordinance adopting Revised Plat Filing Rules and Regulations for Monroe County, Florida, is hereby amended as follows : A. Section 3 , Applicability, of ARTICLE I , PURPOSE , INTENT, AUTHORITY, AND JURISDICTION, Paragraph 3 . 1 , Paragraph 3. 2 , and Paragraph 3. 4, of said rules and regulations , are hereby amended to read as follows : Paragraph 3. 1 "The subdivision involved consists only of the dedication of a road, highway, street, alley or easement and the Zoning Official of the Planning and Zoning Department finds that it is not necessary that a plat be recorded. In lieu of a re- cording 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 regula- tions and the posting of a bond as required under Article III, Section 5 of this ordinance , before the acceptance of the dedication by the Board of County Commissioners . " Paragraph 3 . 2 "The land to be subdivided is to be divided into not more than 2 parcels of less than 1 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 Zoning Official of the Planning and Zoning Department determines that waiving of the requirement for platting would not conflict with the purpose and in- tent of this ordinance. In lieu of platting, the Zoning Official shall require any dedications , reservations or improvements required in connection with platting under this ordinance, including the post- ing of performance and maintenance bond, as may be necessary to carry out the intent and purpose of this ordinance. " Paragraph 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 • 10 -5- 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 Zoning Official of the Planning and Zoning Department. " B. 1 Section 2, Definitions , of ARTICLE II , DEFINITION OF WORDS , Paragraph 2. 8 . 1, Building Official, of said rules and regu- lations, is hereby amended to read as follows : Paragraph 2. 8 . 1 Building Official . "This term shall mean the Director of the Building Department or his authorized representative. " B. 2 Section 2, Definitions , of ARTICLE II , DEFINITION OF WORDS, of said rules and regulations is hereby amended by adding the following: . "2. 15 . 6 Director. The term Director shall mean the Zoning Official unless context clearly indicates otherwise. " "2. 15 . 7 Zoning Director. The term ' Zoning Direc- tor' shall mean the Zoning Official. " "2. 15 . 8 Zoning Official. This term shall mean the Director of the Planning and Zoning Department of Monroe County, Florida, or his authorized representative. The Zoning Official shall be responsible for the overall administration and enforcement of this Ordinance." C. 1 Section 1, General, of ARTICLE III, GENERAL REQUIRE- MENTS , of said rules and regulations , is hereby amended to read as follows : 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 -6- Key Aqueduct Authority (FKAA) certifies that it can furnish an ade- quate supply of water to the property to be platted, water distribu- tion 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 ex- tension policy. In those areas where sanitary sewers are required, the sewers and sewage treatment plant shall meet all requirements of the Monroe County Waste Collection and Disposal District or any successor thereto . " C. 2 Section 2 , Review of Plat, of ARTICLE III, GENERAL REQUIREMENTS , Paragraph 2 . 1. 1 of said rules and regulations is hereby amended to read as follows : Paragraph 2 . 1. 1 "The Monroe County Planning and Zoning Department . " C. 3 Section 2, Review of Plat, of ARTICLE III, GENERAL REQUIREMENTS of said rules and regulations is hereby amended by adding the following: "2. 1. 10 Monroe County Waste Collection and Dis- posal District or any successor thereto . " "2. 1. 11 Monroe County Road Department. " C. 4 Section 2 , Review of Plat, of ARTICLE III , GENERAL REQUIREMENTS , Paragraph 2. 2 and Paragraph 2 . 3 of said rules and regulations are hereby amended to read as follows : Paragraph 2. 2 "Eleven (11) prints of the final plat shall be submitted to the Zoning Official of the County Plan- ning and Zoning Department 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 shall be furnished to the Zoning Official. The Zoning Official will review the plat for con- formity with this Ordinance and, after receiving all other reviews and comments , make his findings known to the person submitting the plat within thirty (30) days after it has been submitted. The Zoning Official will also furnish the developers survey or with a -7- written tentative approval of the plat; otherwise, he shall furnish a written statement of the plat deficiencies. When in the opinion of the Zoning Official, 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 approval of the final plat, the owner shall post the required bond with construc- tion plans before commencing construction operations." Paragraph 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 acceptable, 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 required permits, the developer shall submit one copy of all documents to the Planning and Zoning Department for record purposes." C.5 Section 5, Performance or Surety Bond, of ARTICLE III, GENERAL REQUIREMENTS, of said rules and regulations, is hereby amended to read as follows: 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 Zoning Official of the Planning 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 per cent of the pavement cost as an allowance for drainage structures. This unit cost may be reviewed periodically for accuracy and is subject to ad- justment (upward or downward) by the Planning and Zoning Department based on existing economic conditions at the time of review. The estimated cost of the water distribution work and main extensions 10 -V 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 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. C. 6 Section 6 , Administration of this Ordinance, of ARTICLE III, GENERAL REQUIREMENTS , of said rules and regulations is hereby amended to read as follows : Section 6 . Administration of this Ordinance.. "The Zoning Official of the Planning and Zoning Department shall administer this Ordinance under the direction of the Board of County Commissioners . " D. l Section 1, Pre-application Procedure, of ARTICLE IV, PROCEDURE FOR PLAT APPROVAL, Paragraph 1 . 2 of said rules and regula- tions , is hereby amended to read as follows : Paragraph 1 . 2 "The Planning and Zoning Department staff will informally review the information submitted and make appropriate recommendations to the developer before he begins prepara- tion of the plat. " D. 2 Section 2 , Construction Plans Procedure, of ARTICLE IV, PROCEDURE FOR PLAT APPROVAL, Paragraph 2. 1; Paragraph 2 . 2 , Paragraph 2. 2. 2, and Paragraph 2. 2. 3 of said rules and regulations is hereby amended to read as follows : Paragraph 2 . 1 "Following approval of the pre- application 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 pro- fessional engineer registered in the State of Florida. Water and sanitary sewer plans must be approved by the Monroe County Waste Collection and Disposal District or any successor thereto and the Florida Keys Aqueduct Authority before being submitted. Bonding pro- cedures must be reviewed and approved by the County Attorney acting '-9- in behalf of the Board of County Commissioners, before approval of the pre-application plans are valid." Paragraph 2.2 Submission of Plans. "To secure formal action on construction plans and specifications, the developer shall provide eight (8) sets of prints of the construction plans to the County Building Department. The County Building Department shall review the proposed construction plans and within thirty (30) days after receipt shall notify the developer of its approval, disapproval or conditional approval." Paragraph 2.2.2 Conditional Approval - "means the developer may proceed as outline in the preceding paragraph, but only after he has submitted eight (8) copies of the revised construc- tion plans to the Building Department and has obtained approval." Paragraph 2.2.3 Disapproval - "means that the devel- oper must revise his plans to conform to the changes as required by the Building Department and resubmit them for approval as provided in this section." D.3 Section 3, Final Plat Procedure, of ARTICLE IV, PRO- CEDURE FOR PLAT APPROVAL, Paragraph 3.2 of said rules and regulatons is hereby amended to read as follows: Paragraph 3.2 "Prior to action on the final plat the Zoning Official shall require that construction plans for all improvements be submitted by the subdivider. Eleven (11) copies of the final plat shall be submitted by the developer of the Zoning Department. Following 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 ori- ginal plat shall be retained by the owner or developer." E.l Section 1, General, of ARTICLE V, PLATS AND DATA RE- QUIREMENTS, Paragraph 1.3, Positive Drainage Required, of said rules and regulations is hereby amended to read as follows: Paragraph 1.3 Positive Drainage Required. "The developer shall, at no expense to the County, provide plans for such -10- facilities as may be needed to drain the subdivision including all rights-of-way, easements and necessary construction, to positive out- lets that can be legally maintained in permanent use, or into a public drainage system of adequate capacity which discharges into such posi- tive outlets. Side ditches along public roads shall not necessarily be considered as such public drainage systems or positive outlets. Dry wells may be considered as positive outlets, with the special approval of the Zoning Official." E.2 Section 1, General, of ARTICLE V, PLATS AND DATA RE- QUIREMENTS, Paragraph 1.11, Subdivisions Containing Lots of more than 1 Acre in Area, of said rules and regulations is hereby repealed. E.3 Section 1, General of ARTICLE V, PLATS AND DATA RE- QUIREMENTS, Paragraph 1.12, Dead-End Canals, of said rules and re- gulations is hereby amended to read as follows: Paragraph "1.11 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." E.4 Section 2, Pre-application Plans and Data, of ARTICLE V, PLATS AND DATA REQUIREMENTS, Paragraph 2.3, Sketch Plan, of said rules and regulations is hereby amended to read as follows: Paragraph 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 free-hand pencil sketch and shall include data listed in 3.1 below as may be required by the Monroe County Zoning Official." E.5 Section 3, Plans and Data for Approval of Pre-Applica- tion Plans, of ARTICLE V, PLATS AND DATA REQUIREMENTS, Paragraph 3.1, Topographic Data, and Paragraph 3.2, Other Preliminary Plans, of said rules and regulations, are hereby amended to read as follows: -11- Paragraph 3.1 Topographic Data. "Topographic data required for the plat shall include existing conditions as follows except when otherwise specified by the Planning and Zoning Department." Paragraph 3.2 Other Preliminary Plans. "When required by the Planning and Zoning Department, the pre-application plans shall be accompanied by profiles showing existing ground sur- face 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; preliminary plan of proposed sanitary and storm sewers with grades and sizes in- dicated. All elevations shall be based on a National Oceangraphic sea level datum plane." E.6 Section 4, Plans and Data for Approval of Construction Plans, of ARTICLE V, PLATS AND DATA REQUIREMENTS, of said rules and regulations is hereby amended to read as follows: Section 4. Plans and Data for Approval of Construc- tion Plans. '~s a condition for preliminary approval of construction plans, the subdivider shall deliver to the Building Department complete plans and specifications prepared by a profes- sional engineer registered in the State of Florida, which shall in- clude the following:" E.7 Section 4, Plans and Data for Approval of Construction Plans, of ARTICLE V, PLATS AND DATA REQUIREMENTS, Paragraph 4.1 and Paragraph 4.2 of said rules and regulations are hereby amended to read as follows: Paragraph 4.1 "A drainage map of the entire area within which the subdivision lies. This map may be combined with the A topographic map, but in any event must include suitable topo- graphic data acceptable to the Planning and Zoning Department. Out- lines 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." -12- Paragraph 4.2 "Drainage data, assumed criteria and hydraulic calculations. The "rational formula" or other methods acceptable to the Planning and Zoning Department shall be employed." E.8 Section 5, Plans and Data for Final Approval of Plats, of ARTICLE V, PLATS AND DATA REQUIREMENTS, Paragraph 5.1, Final Plat, Paragraph 5.1.14, Paragraph 5.4, Certificate of Approval by Zoning Department, and Paragraph 5.5, Other Data, of said rules and regu- lations, are hereby amended to read as follows: Paragraph 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, 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 con- tiguous sections or units as approved by the Planning and Zoning Department. The final plat shall show or be accompanied by the following information:" Paragraph 5.1. 14 "Every plat of a subdivision filed for record must contain a dedication by the developer. The dedica- tion shall be executed by all developers and mortgages having a re- cord 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 Planning and Zoning Department, approval of the Monroe County Board of County Commissioners, and a recording and surveyor's certi- ficate." Paragraph 5.4 "Certificate of Approval by Planning and Zoning Department. A certificate of Approval signed by the Zoning Official shall be shown on the final plat for recording, cer- tifying that the plat meets the requirements of this Ordinance and the Zoning Ordinance." -13- Paragraph 5.5 Other data. "Such certificates, affidavits, or endorsements as may be required by the Zoning Official in the enforcement of this Ordinance." E.9 ARTICLE V, PLATS AND DATA REQUIREMENTS of said rules and regulations is hereby amended by adding the following: "Section 8. No plat shall be approved until the developer provides certification from the appropriate regulatory agencies that adequate water, sanitary sewage disposal, solid waste disposal, storm drainage and highway facilities are in existence to serve the needs and requirements of both the existing population and the proposed development or will be in existence at the time of completion of the proposed project." F.1 Section 1, Streets, of ARTICLE VI, DESIGN STANDARDS, Paragraph 1.2.2 of said rules and regulations is hereby amended to read as follows: Paragraph 1.2.2 "Conform to a plan for the neighbor- hood approved or adopted by the Zoning Official to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable." F.2 Section 1, Streets, of ARTICLE VI, DESIGN STANDARDS, Paragraph 1.4, Paragraph 1.5, Paragraph 1.7, Paragraph 1.10, Para- graph 1.11, Paragraph 1.12, Paragraph 1.13, Paragraph 1.14, and Para- graph 1.18, of said rules and regulations are hereby amended to read as follows: Paragraph 1.4 "Where subdivision abuts or con- tains existing or proposed arterial streets, the Zoning Official 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 properties and to afford separation of through and local traffic." Paragraph 1.5 "Reserve strips controlling access to streets shall be prohibited except where their control is defi- nitely placed under the County, with conditions approved by the Zoning Official." -14- Paragraph 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 Planning and Zoning Depart- ment. " Paragraph 1.10 "Property lines at street inter- sections shall be rounded with a minimum radius of twenty-five (25) feet, or a greater radius where the Zoning Official may deem it neces- sary. The Zoning Official may permit comparable cut-offs or chords in place of rounded corners." Paragraph 1.11 "Street right-of-way widths shall be as required by the Zoning Official consistent with the projected type or use of the proposed street." Paragraph 1. 12 "Half- streets shall be prohibited, except where essential to the reasonable development of the sub- division in conformity with the other requirements of this Ordinance; and where the Zoning Official finds it will be practicable to re- quire 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." Paragraph 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 with a "T" type turn-around as may be approved by the Planning and Zoning Department, or may serve as a temporary dead-end condition." Paragraph 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 Official." Paragraph 1.18 "The minimum crown elevation of all roads and streets in Monroe County shall be + 4.0 MSL. The mini- mum floor elevation of any structure shall meet the requirements of Monroe County Ordinance No. 3-1975." -15- F.3 Section 2, Alleys, of ARTICLE VI, DESIGN STANDARDS, Paragraph 2.1 and Paragraph 2.3 of said rules and regulations, are hereby amended to read as follows: Paragraph 2.1 "Alleys shall be provided in busi- ness districts, except that the Zoning Official may waive this re- quirement 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." Paragraph 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 Official." F.4 Section 6, Public Sites and Open Spaces, of ARTICLE VI, DESIGN STANDARDS, Paragraph 6.1 and Paragraph 6.2, of said rules and regulations are hereby amended to read as follows: Paragraph 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 Official may require the dedication or reservation of such area within the subdivision in those areas which the Zoning Official deems such requirements to be reasonable." Paragraph 6.2 "Where deemed essential by the Zoning Official, upon consideration of the particular type of de- velopment proposed in the subdivision, and especially in large scale neighborhood unit developments, the Zoning Official 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." F.5 Section 8, Drainage, of ARTICLE VI, DESIGN STANDARDS, of said rules and regulations is hereby amended by adding the follow- ing, said Section 8 being amended to read as follows: Section 8. Drainage. "A complete system shall be provided for posi- tively draining the roads, streets, alleys and other publicly owned -16- 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 involved 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. In order to minimize the effects of water pollution from storm run-off from development both during and after construction which results in degradation of water quality, the following standards shall also be met: (1) Retention of construction related run-off or discharge of such run-off into adequately sized natural vegetative filtration areas in a manner approximating the natural run-off re- gime. (2) Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtra- tion." F.6 Section 10, Suitability of Land, of ARTICLE VI, DESIGN STANDARDS, Paragraph 10.1 and Paragraph 10.2 are hereby amended to read as follows: Paragraph 10.1 "The Zoning Official shall not ap- prove the subdivision of land if, from adequate investigation con- ducted by the Monroe County Board of Health, State Division of Health and other public agencies concerned, it has been determined that, in the best interest of the public, the site is not suitable for platting and development purposes of the kind proposed." Paragraph 10.2 "Land subject to frequent flooding and land deemed to be topographically unsuitable shall not be platted -17- 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 be endangered by erpiodic or occasional inundation or will not produce unsatisfactory living conditions." G.l Section 3, Grading, of ARTICLE VII, REQUIRED IMPROVE- MENTS, of said rules and regulatons is hereby amended to read as follows: 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 Official. All grading shall be done in a manner which will prevent erosion." G.2 Section 4, Storm Drainage, of ARTICLE VII, REQUIRED IMPROVEMENTS, of said rules and regulations is hereby amended to read as follows: Section 4. Storm Drainage. "An adequate drainage system designed in accord- ance with good engineering principles and including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, brid- ges, etc., shall be provided for the proper drainage of all surface water, according to plans approved by the Planning and Zoning Depart- ment. 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." G.3 Section 5, Curbs and Gutters, of ARTICLE VII, REQUIRED IMPROVEMENTS, of said rules and regulations is hereby amended to read as follows: Section 5. Curbs and Gutters. "The subdivider may provide permanent six (6) inch concrete curbs with twenty-four (24) inch integral concrete .""- -18- gutters; standard rolled curb and gutters; or other construction approved by the Planning and Zoning Department." G.4 Section 7, Installation of Utilities and Driveways, of ARTICLE VII, REQUIRED IMPROVEMENTS, Paragraph 7.3 of said rules and regulations is hereby amended to read as follows: Paragraph 7.3 "All underground utility mains and service connections shall be completely installed, inspected and approved by the Plann;ng and Zoning Department after grading is com- pleted and before any road base is applied." G.4 Section 8, Water Supply and Sanitary Sewer Service, of ARTICLE VII, REQUIRED IMPROVEMENTS, Paragraph 8.1 of said rules and regulations is hereby amended to read as follows: Paragraph 8.1 When a pre-application plan is sub- mitted to the Planning and Zoning Department, there shall also be submitted 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, multiple family or commercial improvements upon the lots within said subdi- vision. 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." G.5 Section 10, Traffic Control Signs, of ARTICLE VII, REQUIRED IMPROVEMENTS, of said rules and regulations is hereby amended to read as follows: Section 10. Traffic Control Signs. "The developer, at his expense, shall install traffic control signs at locations determined by the Zoning Official. Such signs shall meet the requirements of the Uniform Sign Manual of the Florida State Department of Transportation." H. Section 1, Variances, of ARTICLE VIII, VARIANCES, Paragraph 1.2 of said rules and regulations is hereby amended to read as follows: Paragraph 1.2 "When it is determined by the Zoning Official that topographical or other conditions peculiar -19- to the site prevail which justify variances to this Ordinance pro- vided 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 Official shall be stated in writing with the reasons for which the variance was granted." I. Section 1, Amendment, of ARTICLE VIII, LEGAL STATUS PROVISIONS, of said rules and regulations is hereby amended to read as follows: Section 1. Amendment. "These regulations may be amended from time to time as deemed necessary. All such amendments shall first be re- viewed and acted upon by the Zoning Official. However, no amendment to this Ordinance shall become effective until after a public hear- ing on each amendment shall be held by the Board of County Commis- sioners 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 newspaper of general circulation in Monroe County, Florida." Section 2. Violations of this Ordinance shall be prosecuted in a county court by the prosecuting attorney thereof, and upon con- viction shall be punished by a fine not less than $15.00 nor to ex- ceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Section 3. This Ordinance shall not apply to any munici- pality located in Monroe County, Florida. Section 4. All Special Laws, Ordinances, Resolutions, rules and regulations in conflict with this Ordinance 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 acknowl- edging receipt of certified copy of this Ordinance and that said Ordinance has been filed in said office. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Monday, December 15, 1975, at 10:15 A.M. at the Sub-Courthouse in Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1975 AN ORDINANCE AMENDING MONROE COUNTY ORDINANCE NO. 3- 1973 THE SAME BEING AN ORDINANCE PERTAINING TO THE ADOPTION OF REVISED PLAT FILING RULES AND REGULATIONS FOR MONROE COUNTY, FLORIDA, BY AMENDING SECTION 3. APPLICABILITY OF ARTICLE I, PURPOSE, INTENT, AUTHORITY, AND JURISDICTION, PARAGRAPH 3. 1 BY CHANGING THE WORD "DIRECTOR" TO "ZONING OFFICIAL" THE WORDS "BUILDING , AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DE- PARTMENT", AND THE WORDS "COUNTY COMMISSIONERS" TO "BOARD OF COUNTY COMMISSIONERS". AMENDING SAID SEC- , TION 3 OF SAID ARTICLE I, PARAGRAPH 3.2 BY CHANGING THE WORDS "DIRECTOR" TO ~'ZONING OFFICIAL" AND "BUILD- ING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT"; AMENDING SAID SECTION 30F SAID ARTICLE I, PARAGRAPH 3.4, BY CHANGING THE WORDS "DIRECTOR" TO "ZONING OFFICIAL" AND "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT"; AMENDING SEC- TION 2. DEFINITIONS OF ARTICLE II, DEFINITION OF WORDS, PARAGRAPH 2.8.1 BUILDING OFFICIAL, BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "BUILDING DEPARTMENT; ~~NDING SAID SECTION 2 OF SAID ARTICLE II, BY ADDING PARAGRAPH 2.15.6 DEFINITION OF DIRECTOR, PARAGRAPH 2.15.7 DEFINITION OF ZONING DIRECTOR, AND PARAGRAPH 2.15.8 DEFINITION OF ZONING OFFICIAL AND DEFINING SAID ZONING OFFICLAL'S AUTHORITY; AMENDING SECTION 1. GENERAL OF ARTICLE III, GENERAL REQUIRE- MENTS, BY CHA...~GING THE WORDS "STATE POLLUTION BOARD" TO "MONROE COUNTY WASTE COLLECTION AND DISPOSAL DIS- TRICT OR ANY SUCCESSOR THERETO"; AMENDING SECTION 2. REVIEW OF PLAT OF SAID ARTICLE III, PARAGRAPH 2.1.1 BY CHANGING THE WORDS "THE COUNTY BUILDING AND ZONING DEP ARTMENT" TO "MONROE COUNTY PLANNING AND ZONING DEPARTMENT"; AMENDING SAID SECTION 2 OF SAID ARTICLE III BY ADDING PARAGRAPH 2 .1.10 MONROE COUNTY WASTE COLLECTION AND DISPOSAL DISTRICT AND PARAGRAPH 2.1.11 MONROE COUNTY ROAD DEPARTMENT; ~~NDING SAID SECTION 2 OF SAID ARTICLE III, PARAGRAPH 2.2 BY CHANGING THE WORDS "NINE (9)" TO "ELEVEN (11)", "DIRECTOR" TO "ZONING OFFICIAL", AND "COUNTY BUILDING AND ZONING DEPARTMENT" TO "COUNTY PLANNING AND ZONING DEPART- MENT"; Al-1ENDING SAID SECTION 2 OF SAID ARTICLE III, PARAGRAPH 2.3 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPART- MENT"; AMENDING SECTION 5. PERFORMANCE OR SURETY BOND OF SAID ARTICLE III, BY' CHANGING THE WORDS "DIRECTOR" \.Il. '. -2- TO "ZONING OFFICIAL" AND "BUILDING AND ZONING DEPART- MENT" TO "PLANNING AND ZONING DEPARTMENT"; AMENDING SECTION 6. ADMINISTRATION OF THIS ORDINANCE OF SAID ARTICLE III BY CHANGING THE WORDS "DIRECTOR" TO "ZONING OFFICIAL" AND "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT"; AMENDING SEC- TION 1. PRE-APPLICATION PROCEDURE OF.ARTICLE IV, PRO- CEDURE FOR PLAT APPROVAL, PARAGRAPH 1.2 BY REQUIRING THE PLANNING AND ZONING DEPARTMENT STAFF TO REVIEH ALL PRE-APPLlCATWN PLANS AND DATA .SUBMITTED BY A DE- VELOPER; AMENDING SECTION 2. CONSTRUCTION PLANS PRO- CEDURE OF SAID ARTICLE IV, PARAGRAPH 2.1 BY CHANGING THE WORDS "STATE POLLUTION BOARD" TO "MONROE COUNTY WASTE COLLECTION AND DISPOSAL DISTRICT OR ANY SUC- CESSOR THERETO". AMENDING SAID SECTION 2 OF SAID , ARTICLE IV, PARAGRAPH 2.2 SUBMISSION OF PLANS, BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT"; AMENDING SAID SECTION 2 OF SAID ARTICLE IV, PARAGRAPH 2.2.2 CON- DITIONAL APPROVAL BY CHANGING THE WORDS "BUILDING' AND ZONING DEPARTMENT" TO "BUILDING DEPARTMENT"; AMENDING SAID SECTION 2 OF SAID ARTICLE IV, PARA- GRAPH 2.2.3 DISAPPROVAL BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "BUILDING DE- PARTMENT"; AMENDING SECTION 3. FINAL PLAT PROCEDURE OF SAID ARTICLE IV, PARAGRAPH 3.2 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" AND "NINE (9)" TO "ELEVEN (11)"; AMENDING SECTION 1. GENERAL OF ARTICLE V, PLATS AND DATA REQUIREMENTS, PARAGRAPH 1.3 POSITIVE DRAINAGE REQUIRED BY CHANG- ING THE WORD "DIRECTOR" TO "ZONING OFFICIAL"; AMEND- ING SAID SECTION 1 OF SAID ARTICLE V BY DELETING PARAGRAPH 1.11 AND CHANGING PARAGRAPH 1.12 TO READ 1.11; AMENDING SECTION 2. PRE-APPLICATION PLANS AND DATA OF SAID ARTICLE V, PARAGRAPH 2.3 SKETCH PLAN BY CHANGING THE WORDS "MONROE COUNTY ZONING DIREC- TOR" TO "MONROE COUNTY ZONING OFFICIAL"; AMENDING SECTION 3. PLANS AND DATA FOR APPROVAL OF PRE- APPLICATION PLANS OF SAID ARTICLE V, PARAGRAPH 3.1 TOPOGRAPHIC DATA BY CHANGING THE WORDS "ZONING DE- P ARTMENT" TO "PLANNING AND ZONING DEPARTMENT"; BY AMENDING SAID SECTION 3 OF SAID ARTICLE V, PARA- GRAPH 3. 2 OTHER PRELIMINARY PLANS BY CHANGING THE WORDS "ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" AND "U. S. COAST AND GEODETIC" TO "NATIONAL OCEANGRAPHIC"; AMENDING SECTION 4. PLANS AND DATA FOR APPROVAL OF CONSTRUCTION PLANS OF SAID ARTICLE V, BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "BUILDING DEPARTMENT"; AMENDING SAID SECTION 4 OF SAID ARTICLE V, PARA- GRAPH 4. 1 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPART- MENT"; AMENDING SAID SECTION 4 OF SAID ARTICLE V, PARAGRAPH 4.2 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPART- MENT; AMENDING SECTION 5. PLANS AND DATA FOR FINAL APPROVAL OF PLATS OF SAID ARTICLE V, PARAGRAPH 5.1 FINAL PLAT, BY CHANGING THE WORDS "ZONING DEPART- MENT" TO "PLANNING AND ZONING DEPARTMENT"; AMEND- ING SAID SECTION 5 OF SAID ARTICLE V, PARAGRAPH 5.1.14 BY CHANGING THE WORDS "MONROE COUNTY BUILD- ING AND ZONING DEPARTMENT" TO "MONROE COUNTY PLAN- NING AND ZONING DEPARTMENT"; AMENDING SAID SEC- TION 5 OF SAID ARTICLE V, PARAGRAPH 5.4 CERTIFICATE OF APPROVAL BY ZONING DEPARTMENT BY CHANGING THE WORDS "CERTIFICATE OF APPROVAL BY ZONING DEPART- -3- MENT" TO "CERTIFICATE OF APPROVAL BY PLANNING AND ZONING DEPARTMENT" AND "BUILDING AND ZONING DIREC- TOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 5 OF SAID ARTICLE V, PARAGRAPH 5.5 OTHER DATA, BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID ARTICLE V BY ADDING SECTION 8 REQUIRING THE DEVELOPER TO PROVIDE CER- TIFICATION FROM APPROPRIATE REGULATORY AGENCIES THAT ADEQUATE FACILITIES ARE IN EXISTENCE TO SERVE THE NEEDS AND REQUIREMENTS OF THE EXISTING POPULATION AND THE PORPOSED DEVELOPMENT PRIOR TO PLAN APPROVAL; AMENDING SECTION 1. STREETS OF ARTICLE VI, DESIGN STANDARDS, PARAGRAPH 1.2.2 BY CHANGING THE WORDS "ZONING DIRECTOR" TO'''ZONING OFFICIAL"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1.4 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID SEC- TION 1 OF SAID ARTICLE VI, PARAGRAPH 1.5 BY CHANG- ING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARA- GRAPH 2. 7 BY CHANGING THE WORDS "BUILDING AND ZON- ING DEPARTMENT" TO READ "PLANNINT AND ZONING DEPART- MENT"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1. 10 BY CHANGING THE WORDS "ZONING DIREC- TOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1.11 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMEND- ING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1.12 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI PARAGRAPH 1.13 BY CHANGING THE WORDS "ZONING DEPART- MENT" TO "PLANNING AND ZONING DEPARTMENT"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1.14 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 1 OF SAID ARTICLE VI, PARAGRAPH 1.18 TO REQUIRE A MINIMUM CROWN ELEVATION OF + 4.0 MSL FOR ALL ROADS AND STREETS IN MONROE COUNTY AND SETTING MINTIMUM FLOOR ELEVATIONS; AMEND- ING SECTION 2. ALLEYS OF SAID ARTICLE VI, PARAGRAPH 2. 1 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 2 OF SAID ARTICLE VI, PARAGRAPH 2.3 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SECTION 6. PUBLIC SITES AND OPEN SPACES OF SAID ARTICLE VI, PARAGRAPH 6.1 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 6 OF SAID ARTICLE VI, PARAGRAPH 6.2 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SECTION 8. DRAINAGE OF SAID ARTICLE VI, BY ADDING STANDARDS TO MINIMIZE THE EFFECT OF WATER POLLUTION FOR WATER DRAINAGE FROM STORM RUNOFF; AMENDING SECTION 10. SUITABILITY OF LAND OF SAID ARTICLE VI, PARAGRAPH 10.1 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SAID SECTION 10 OF SAID ARTICLE VI, PARA- GRAPH 10.2 TO REQUIRE THAT LAND SUBJECT TO FREQUENT FLOODING OR DEEMED TO BE TOPOGRAPHICALLY UNSUITABLE SHALL NOT BE PLATTED FOR RESIDENTIAL OCCUPANCY AND CERTAIN OTHER USES AND SUCH LANDS IN ANY PLAT SHALL BE SET ASIDE FOR USE THAT WILL NOT BE ENDANGERED BY ERPIODIC OR OCCASIONAL INUNDATION OR WILL NOT PRODUCE UNSATISFACTORY LIVING CONDITIONS; AMENDING SECTION 3. GRADING OF ARTICLE VII, REQUIRED IMPROVE- MENTS, BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL"; AMENDING SECTION 4. STORM DRAIN- • • mei . . . . . f° -4- AGE OF SAID ARTICLE VII, BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; SECTION 5 . CURBS AND GUTTERS OF SAID ARTICLE VII BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING DEPARTMENT" ; AMENDING SECTION 7. INSTALLATION OF UTILITIES AND DRIVEWAYS , OF SAID ARTICLE VII, PARAGRAPH 7. 3 BY CHANGING THE WORDS "BUILDING AND ZONING DEPARTMENT" TO "PLANNING AND ZONING .DEPARTMENT" ; AMENDING SECTION 8. WATER SUPPLY AND SANITARY SEWER SERVICE OF SAID ARTICLE VII, PARAGRAPH 8. 1 BY CHANGING THE WORDS "ZONING DEPART- MENT" TO "PLANNING AND ZONING DEPARTMENT"; AMENDING SECTION 10. TRAFFIC CONTROL SIGNS OF SAID ARTICLE VII BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SECTION 1. VARIANCES OF ARTICLE VIII, VARIANCES, PARAGRAPH 1. 2 BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; AMENDING SECTION 1. AMENDMENT OF ARTICLE IX, LEGAL STATUS PRO- VISIONS BY CHANGING THE WORDS "ZONING DIRECTOR" TO "ZONING OFFICIAL" ; METHOD OF PROSECUTION OF VIOLA- TIONS OF THE PROVISIONS OF THIS ORDINANCE; EXCLUDING MUNICIPALITIES FROM THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL SPECIAL LAWS , ORDINANCES , RESOLUTIONS , RULES. AND REGULATIONS IN CONFLICT HEREWITH TO THE EXTENT OF SAID CONFLICT; AND PROVIDING AN EFFECTIVE DATE. DATED at Key West, Florida, this 21st day of November, A.D. -1975. 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: Tuesday, November 25 , 1975 (~' . i . ~trrttanl of ~tat~ .... STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 19~1 48e-3918 BRUCE A. SMATHERS DAVID C. MACNAMARA SECRETARY OF STATE Assistant Secretary of State December 29, 1975 Honorable Ralph W. White Clerk of the Circuit Court tv10nroe County Key West, Florida Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of December 22, and certified copies of Monroe County Ordinances Nos. 75-17 through 75-21. These ordi- nances were received and filed in this office December 29, 1975. Kindest regards. Cordially, BRUCE A. SMATHERS Secretary of State NK/mp " ~ . ~ . ~,~'::\f,~::~;;;~':'{~~:~ ~'~ ,~-,'-;",.. ., :\. \.'';'-'' '\'~ ~,\~;.u...;.. ,.. ~.:~.:.j..',:._, .,.; '~\\ \\ , '" ' . . ,..- 7 ~, "., .\ ..' 1_'-' /- 7 n i", '.' '~','.~{', ) ~-:) ..,3 i\J~ '::5\.-');:.,;i\ ~.\ .~ \ ,0-,.... {). ~ ~'( \\'~ ,>-..'ccc,;F - .. \:~ " !'- , . " .