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HomeMy WebLinkAboutOrdinance 49 Subdivisions ORDINANCE NO.49 AN ORDINANCE OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, DEFINING SUBDIVI- SIONS AND OTHER PERTINENT TERMS: RE- QUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUBDIVIDING AND RESUBDIVIDING LANDS AND SUBMITTAL TO THE VILLAGE COUN- CIL FOR APPROVAL PRIOR TO RECORDING; RE- QUIRING ADDITIONAL NEEDED INFORMATION AT TIME OF FILING; REQUIRING MINIMUM IMPROVE- MENTS IN SUBDIVISIONS; SPECIFYING MINI- MUM DESIGN STANDARDS AND STANDARDS FOR IMPROVEMENTS IN SUBDIVISIONS, INCLUDING CONTROL OF CONSTRUCTION BY INSPECTION AND TESTS; REQUIRING ASSURANCE OF SATIS- FACTORY COMPLETION AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS BY BONDS, ESCROW OF FUNDS OR OTHER METHODS; RESTRICTION OF ISSUANCE OF BUILDING AND ELECTRICAL PERMITS AS TO AFFECTED LOTS; AUTHORIZING VARIANCES AND EXCEPTIONS BY THE VILLAGE COUNCIL IN CASES OF HARDSHIP OR INJUSTICE; CONTROL OF THE SALE OF NONPLATTED LOTS; PROVIDING PENALTY FOR VIOLATION; REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEPARABILITY; AND PROVIDING EFFECTIVE DATE. SECTION I - Definition of Terms - For the purpose of this Ordinance, the following terms, words, or phrases shall have the meaning given herein when not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is mandatory, and the word ''may'' is permissive. "Alley" means a public way which affords a secondary means of access to the property abutting thereon. "Building" means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, or chattels of any kind. The word "building" includes the word "structure". 'ty.ot" means a portion of a subdivision or any other ~ parcel of land intended as a unit for building development or for transfer of ownership or both. The word "lot" includes th word "plot","parcel", or "tract". "plat" means a map or drawing depicting the division of lands into lots, blocks, parcels, tracts, or other division however the same may be designated. "Street" means a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, freewa road, avenue, boulevard, lane, place, court, or however desig- nated, whenever designated for public use and accepted by the public. "Subdivision" means either (1) division of a parcel f land into two or more lots or parcels, either or both being three acres or less in areas; (2) establishment or dedication pf a road, highway, street, or alley through a tract of land I regardless of areas; or, (3) resubdivisions of land heretobefore divided or platted into lots, sites, or parcels; provided, how- ever, that the sale or exchange of small parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered as a subdivision of land. SECTION II - Maps and plats - Procedure of Submittal - A) Required Submittal - All maps or plats of subdi- visions of any land within the corporate limits of the Village of North Orlando, subject to the provisions of this Ordinance. shall be submitted originally in preliminary form for prelim- inary approval by the Village Council and then in final form to the Village Council for final approval prior to the recordi g of such map or plat. Final submittal to the Village Council t -2- >~ I I i i be preceded by the approval of the appropriate Village agenCier as indicated herein who shall determine whether all applicable I I i requirements have been complied with by the applicant. r B) Procedure for Preliminary Review and Approval - he applicant shall cause to be prepared a Preliminary Subdivision Map and plan, together with other supplementary material as specified, and shall submit same for review by the Planning anr Zoning Board. Reports from this Board shall then be forwarded I with plat to the Village Clerk. Information submitted shall I include the following: I I) Name of subdivision and legal description of property as well as names of all abutting subdivisions. ! i 2) Name and address of owner of lands and subdivider I and a statement as to the title of property, existence of mort gages or liens. 3) Name and address of person preparing preliminary map and the subdivider's surveyor and engineer. 4) Approximate acreage, dimensions of tract, bounda y lines, north point, date, and scale of map which shall be at a scale consistent with a clear presentation of information. 5) Location, width, and anticipated names of street , alleys, and easements within the proposed subdivision and on abutting land. 6) Proposed land use as to single family, multiple family, business, et cetera, and applicable zoning. Also show use of land abutting the subdivision. -3- 7) Topography of the tract, including contour lines at one foot intervals, utilizing U. S. Coast and Geodetic Surv y datum, and indicating lands subject to periodic inundation or flooding. 8) Typical cross section describing proposed street improvements. 9) Description by written word or suitable drawing of proposed storm drainage system, water supply and distributi n facilities, sanitary sewerage collection and treatment facilit es and other improvements such as sidewalks, street lighting, electrical power system, filling of lands, et cetera. 10) Lands to be reserved and/or dedicated for public use will be shown on the map and described in writing. 11) Major pertinent existing or proposed features such as roads, railroads, lakes, streams, and water courses, and swamps. 12) Lot and block layout to scale with approximate dimensions. 13) Description of proposed subdivision protective covenants or restrictions. 14) Results of borings or general description of the soils generally to be found on the tract. 15) Overall subdivision development plan including any stage development and planned platting for the future recording of the tract in sections. 16) Landscaping, tree planting, buffers, fences, et cetera, planned. Within thirty (30) days after the Preliminary Plan a d -4- , all required information has been submitted, the Village Clerk having received reports from the Planning and Zoning Board as indicated above, the Village Council shall take action at any regular or special meeting and report to the applicant its approval, conditional approval, disapproval, or request for additional information to the applicant. Upon disapproval of any plan, the Council shall indi cate those sections of this Ordinance with which the plan does not comply. Conditional approval may be granted specifying co - ditions which must be complied with, and such conditions shall be considered thereafter as part of the Preliminary plan. Approval of the Preliminary Plan shall be construed s authority for submitting a Final Plan in accordance herewith. Approval of the Preliminary plan by the Council shall not be construed as authority for the sale of lots in reference to sa d Preliminary plan, nor as authority for obtaining building perm ts, nor for the recording of a plat, nor for the installation of required improvements. C) Procedure for Submittal of Final Plat - 1) The Final plat shall conform substantially to th Preliminary Plan and map as approved and shall include any con ditional requirements specified by the Council in a conditiona approval. The subdivider may, if he desires, include only tha portion of the approved Preliminary Plan which he proposed to develop at the time; provided, however, that such portion con- forms to all requirements of this Ordinance. 2) The Final Plat for all or a portion of the area covered by the Preliminary plan shall be submitted within one (1) -5- year of the date of approval of the Preliminary Plan; otherwis , such preliminary approval will automatically become null and v id unless the Village Council grants a specific extension of time 3) Application for approval of the Final Plat and supplementary data shall be submitted to the Village Clerk, Village Manager, or Mayor, accompanied by a check in the amoun of one Hundred Dollars ($100.00), payable to the Village, to partica11y cover cost of handling, review, and engineering in- spections during the construction phase. 4) Engineering plans and Specifications. All costs f engineering plans and specifications in connection with the 1a out, construction and inspection of any subdivision shall be paid b the developer and shall be inspected by an inspector approved y the Village Engineer. Inspectors shall be named by the Vi11ag and paid by the developer. 5) No plats shall be approved for record which do ot comply with Chapter 177, Florida Statutes, and with the provis ons of this or other applicable Ordinances. The Final plat shall include one linen original and two copies of the Final plat and of all other required data. The Final plat shall ad- ditionally conform to the following requirements: a) If more than one (1) sheet is required, a suitable index map showing the entire subdivision with index f r various sheets will be shown on the first sheet. b) The Final plat shall show streets, lots, blocks, and easements indicating the centerline, width, and side lines of all easements. c) Surveys and surveying data on Final plat sha1 be in accordance with acceptable professional practices and principles for land surveying and preparation of plats. Specia consideration shall be given to the relationship of the propos d -6- plat to existing abutting plats to prevent unintended overlap r omission of lands. d) Mortgage holders shall execute before two (2) witnesses and a Notary Public the following certificates on plats: "The Mortgagee(s) consents and agrees to the platting of the lands embraced in this plat and to the dedication(s) shown hereon; and, further, should it become necessary to fore close the mortgage covering the said property, that all pieces and parcels dedicated to the public will be excluded from said suit, and the dedication remain in full force and effect." e) A dedication to the public by the owners of all roads, streets, alleys, easements, and other rights of way however designated shown on the plan for perpetual use for all public purposes. 6) In addition to the Final plat the following sup- plementary data shall be submitted to the Village for consider - tion in conjunction with the Final plat: a) All protective or restrictive covenants to be recorded. b) Performance and maintenance bonds as follows: I) Corporate or surety completion bond in- cluding payment of vendors clause executed by a company author - zed to do business in the State of Florida and acceptable to t e Village, payable to the Village of North Orlando, for one year in the penal sum of the amount of the engineer's estimate or alternative total bid estimates for streets, drainage faciliti s, street signs, water and sewer facilities, and other improvemen s as shown on the Final Development plan. As an alternative to the provision of a corporate or surety bond, the subdivider ma provide for the deposit of equivalent cash in an escrow accoun with the Village. -7- I. I . 2) Maintenance bond payable to the Village guaranteeing the performance of required subdivision improve- ments for one year after date of completion and acceptance by the Village, executed and enforceable in the same manner as the corporate or surety completion bond described above. c) Certificate of payment of development charge for subdivisions in areas indicated by the City Engineer to have critical drainage or other development matters significan ly affecting adopted overall comprehensive plans. d) A letter from an acceptable abstract company certifying the following: 1) Parties executing plats are owners of th land included therein. 2) All recorded mortgages, liens, or other encumbrances. 3) Taxes and assessments have been paid to date. 4) Description shown on the plat is correct 7) Final Plats and supporting data shall be sub- mitted to the Village Clerk who will distribute them to the Village Engineer, the Planning and Zoning Boards, and the Village Attorney, who shall determine whether all requirements of this Ordinance and of Chapter 177, Florida Statutes, have been complied with. The Council shall approve the Final Plat, considering any applicable agency reports, if the plan is in substantial conformity with the approved Preliminary Plans and if it complies with regulations established herein. In disap- proving any Final plat, the Council shall provide reasons for such action making reference to specific sections of this or -8- other Ordinances. Action by the Council shall be taken within thirty (30) days after receipt of Final Plat and supporting data to the Village unless delay is requested by applicant. If the Council certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the Mayor and attested by the Village Clerk in order that the same may be recorded among the Public Records of Seminole County. SECTION III - Subdivision Design Standards A) Conformity with Comprehensive Plans - The sub- dividing and development of any areas subject to this Ordi- nance shall be in conformity with the general goals and objectives of the Village with respect to any presently officially adopted Comprehensive Development plan for the Village; existing Zoning plan and requirements including all amendments thereto; policies and plans present and future established by the Council with respect to lake levels, navi- gational requirements and policies, water supply, waste dis- posal and other essential utilities; overall drainage plan and policies for development in any Special Improvement Dis- tricts. B) Lots and Blocks 1) Lots and blocks shall be designed according to acceptable practice for the type of development and use contemplated so as to be aesthetically acceptable; in keeping with the topography and other site conditions and to provide e- quate traffic and utility access and circulation; acceptable use of space; provide privacy, adequate drainage, and pro- tection of property. The establishment of special requirements -9- by the Village to accomplish these general purposes may be necessary in some cases. 2) Lot dimensions shall not be less than the minimum standards established in the Village Zoning Ordinance. Corner lots shall be at least ten (10) feet greater in width than the minimum established in the Zoning Ordinance; pro- vided, however, the maximum required width for corner lots shall be ninety (90) feet. Each lot shall front on a public street a minimum distance of twenty (20) feet. 3) The entire parent tract being subdivided sh 11 be placed in lots, 'streets, and other usable tracts so that remnants and other landlocked areas shall not be created. 4) No lot shall be divided by a municipal boundary. C) Public Sites and Open Spaces 1) Where a proposed park, playground, school 0 other public use shown in the Comprehensive Community Plan is located in whole or in part in a subdivision, the Planning Board may require the dedication or reservation of such area within the subdivision. 2) Where deemed essential by the Planning Boar upon consideration of the particular type of development pro- posed in the subdivision, and especially in large scale neighborhood unit development not anticipated in the Comprehe - sive Community Plan, the Planning Board may require the dedi- cation or reservation of such other areas or sites of a character, extent, and location suitable to meet the needs created by such development for schools, parks, and other neighborhood purposes. -10- two (2) streets shall be prohibited unless special provision is made in the design of the intersection. Intersections with major streets should be located not less than eight hundred (800) feet apart, centerline measurement. Street jogs at intersections with centerline offsets of less than one hundred fifty (150) feet are prohibited. 6) Alleys may be required in commercial and industrial districts but shall be discouraged in single family, residential areas. When provided, alleys shall have a minimum right-of-way width of twenty (20) feet. 7) No part of the cost of paving streets in any subdivision undeveloped at the effective date of this Ordi- nance shall be paid by the Village where access streets to a subdivision are not adequately paved to handle the anticipate traffic, arrangements for paving such access streets should be made with the Village prior to acceptance of the Final Plat. All paving installed in such subdivisions shall be at the entire cost of the owner, or developer and shall be pursuant to the provisions of this Ordinance. In any subdivision or area of the Village which has been substantially or wholly developed and built up prior to the effective date of this Ordinance, the property owners may petition the Vi11agefDr the construction of paving on the basis that the property owners pay two-thirds and the Village pays one-third of the costs of such paving, and such paving shall be done as and when determined by the Village Council, provided proper funds are available for the Village to pay for the same. 8) New street names shall not duplicate the names I of existing streets except that new streets that are an extenJ -13- quire individual consideration as to the extent required. Cul-de-sac rights-of-way shall be provided with turn around of at least one hundred (100) feet in diameter, and the paving shall be eighty (80) feet in diameter. Dead-end streets permanently designed as such shall be provided with a cul-de-sac. 3) The proposed street layout shall be coordinated with the street system of the surrounding area. The arrangeme and location of all streets shall be considered in relation topographical conditions, to public convenience and safety, in their appropriate relations to the proposed uses of to be served by such streets. Streets in the proposed subdi- visions shall be connected to platted streets in abutting area where appropriate. The width of such streets in new subdivi- sions shall not be less than the minimum width in existence as of the date hereof. Half streets shall not be platted except to complete an existing half street. 4) Minimum centerline grades shall not be less than twenty-four hundredths of one percent (0.24%); the maximu centerline grade for arterial streets shall not exceed six percent (6%); for all other streets the maximum grades shall not exceed ten percent (10%). 5) Streets shall be laid out to intersect as nearly as possible at right angles. No Street right-of-way shall intersect another at an angle less than seventy degrees (700) unless special provision is made in the design of the intersection. Wherever possible, intersection of paving shall be at 900 and the right of way increased accordingly. Multiple intersections involving the juncture of more than -12- two (2) streets shall be prohibited unless special provision is made in the design of the intersection. Intersections with major streets should be located not less than eight hundred (800) feet apart, centerline measurement. Street jogs at intersections with centerline offsets of less than one hundred fifty (150) feet are prohibited. 6) Alleys may be required in commercial and industrial districts but shall be discouraged in single family, residential areas. When provided, alleys shall have a minimum right-of-way width of twenty (20) feet. 7) No part of the cost of paving streets in any subdivision undeveloped at the effective date of this Ordi- nance shall be paid by the Village where access streets to a subdivision are not adequately paved to handle the anticipate traffic, arrangements for paving such access streets should be made with the Village prior to acceptance of the Final plat. All paving installed in such subdivisions shall be at the entire cost of the owner, or developer and shall be pursuant to the provisions of this Ordinance. In any subdivision or area of the Village which has been substantially or wholly developed and built up prior to the effective date of this Ordinance, the property owners may petition the Vi11agefbr the construction of paving on the basis that the property owners pay two-thirds and the Village pays one-third of the costs of such paving, and such paving shall be done as and when determined by the Village Council, provided proper funds are available for the Village to pay for the same. 8) New street names shall not duplicate the names I of existing streets except that new streets that are an extenJ -13- sion or in alignment with existing streets shall bear the same name as that borne by such existing streets. Names likely to be confused with names of existing streets shall be avoided. Street names shall be subject to the approval of the Planning Board. E) Easements - Utility easements including water, sewer, electric, telephone, and gas, and drainage easements shall be provided as follows: 1) Developers shall install water and sanitary sewers in public right of way. Easements for utilities along rear lot lines shall include electric, telephone and gas and where deemed necessary along side lot lines of minimum width of fifteen (15) feet shall be provided as required for pro- posed utility installation or maintenance or as may be re- quired. Easements of greater width may be required along or across lots where necessary for the extension of main sewer or other utilities, or where multiple utilities and water and sewer lines are located within the same easement. Side lot easements may be decreased to ten (10) feet when serving a single electric or telephone utility. 2) A drainage easement shall be provided when necessary. Such easements shall be of sufficient width to provide adequately for water courses, drainage ways, channels, pipes, culverts, or streams, and access to permit maintenance of same. 3) Canals and waterways which are constructed or improved for the purpose of providing access by water to lots within a subdivision shall have a minimum easement width of on -14- I. I' hundred (100) feet except that where adequate seawalls are I I I pr~- I vided, the minimum easement width may be reduced to sixty (60) feet. A minimum water depth of five (5) feet shall be pro- vided for a continuous bottom width of twenty (20) feet. Whe~- ever possible, such canals and waterways shall provide for I adequate flushing action by prevailing winds and currents to I assure the prevention of stagnant water and debris accumu1ati 4) Where a subdivision is traversed by course, drainage way, canal or stream, there shall be a storm drainage easement or right-of-way conforming substant.- ally with the lines of such water course, and such further wi th or construction, or both, as will be adequate for the purpose. parallel streets or parkways may be required in connection therewith. F) Soil and Water Conditions - Land which is sub- ject to periodic flooding or which has unsuitable soil con- ditions shall not be subdivided until all water and soil hazards have been reasonable eliminated in relation to the purpose for which the land is to be used. G) Private Streets - a private street as a princi- pal means of access to individually owned lots shall be pro- hibited. This requirement may not apply to the provision of roadways within shopping centers, industrial or wholly com- mercia1 districts, apartment projects or town house pro- jects, and other developments under single ownership. In such cases, the owner shall be responsible for the constructio , maintenance, and control of such private streets. SECTION IV - Required Improvements in Subdivision A) Design and Inspection Responsibility -15- 1) A Florida registered professional engineer shall be employed to design required improvements, including streets, drainage structures, bridges, bulkheads, and water and sewer facilities. All plans for such improvements shall be prepared by such entineer and submitted to the Village for approval prior to commencement of construction. After required improvements have been installed, such engineer shall submit certification that the improvements have been substantially constructed according to the approved plans and specifications. 2) The designated inspector of the Village shall receive notice in adequate time to arrange for inspecti prior to beginning of construction and at appropriate staged intervals thereafter. The Village Engineer may require laboratory or field tests at the expense of the developer when appropriate. Any failure of work or materials to con- form with the plans and specifications or failure to notify the Village in time for indicated inspections may be cause for the Village Council to reject the facilities. B) Construction Standards l) Permanent Reference Monuments - Within each block of a subdivision at least two (2) monuments designed an designated as control corners shall be installed. All monu- ments shall be constructed of concrete and shall be at least four (4) inches in diameter or square and not less than two and one-half (2~) feet in length. Each monument shall have embedded in its top a center cross or pin. Monuments shall be set in the ground so that the top is flush, or no more than one (1) foot below the finish grade. -l6- I I I' A surveyor's certificate indicating that the Permanent Reference Monuments are in place shall be provided. 2) A properly prepared subgrade and an ap- proved road base and wearing surface where applicable shall be provided for all streets. Streets and drainage easements are to be cleared as required and left in a neat and clean con- dition. Street rights of way and outfall ditches shall be sprigged with grass or seeded and nunched or shall be other- wise protected to prevent erosion in a manner approved by the Village Council. The subgrade must be of suitable materia and must be prepared in accordance with standards in Section III, subsection D) above. The following are minimum standards for roadway base materials for hard surfaced, paved streets: a) All streets in industrial 1) 8" of compacted limerock, 0 or commercial subdivisions 2) 8" of compacted soil cement, and all arterial streets. or 3) Equivalent material approve by the Village Council. b) All streets in residential 1) 6" of compacted limerock, 0 subdivisions except arterial 2) 6" of compacted soil cement, streets. or 3) Equivalent materials ap- proved by the Village Council. The following are minimum standards for graded roads (not paved): a) All streets in industiral or commercial subdivisions and all arterial streets 1) 8" of stabilized base with a minimum Florida Bearing Ratio of 40 b) All streets in residential subdivisions except arterial streets 1) 6" of stabilized base with a minimum Florida Bearing Ratio of 40 3) The wearing surface shall consist of one of the following materials for hard surfaced, paved streets: -17- '-- a) All streets in industrial or commercial subdivisions and all arterial streets 1) 1~" of Type I asphaltic concrete surface course. b) All streets in residential subdivisions except arterial streets. 1) 1" of Type I or II asphalti concrete surface course, or 2) Equivalent materials approv d by the Village Council. 4) Curbs - Miami type concrete curb and gutter or grass swales shall be constructed on paved streets. Where special conditions warrant and where water runoff is minimal and street grades sufficiently flat, upon receipt of ap- plication, the Planning and Zoning Board may recommend waiver of this requirement, and forward this recommendation to the Village Council for final approval. However, the requirement for curbs shall not be waived when the right-of-way width is less than 50 feet. 5) Street name markers shall be installed at each intersection. Such markers shall be mounted on ga1va- nized pipe extending at least eighteen (18) inches into con- crete base below surface grade and nine (9) feet above grade, bearing aluminium or steel signp1ates six (6) inches high to permit letters three and one-half (3~) inches in height, or shall be the equivalent or better with regard to legibility, durability, and appearance. 6) Drainage facilities shall be designed for rainstorms of the intensity as determined for ten-year return periods based on Florida State Road Department data. The drainage system for each subdivision shall include a sufficien facility to remove storm water without flooding any lot in the proposed subdivision or in surrounding territory. Open channels and outfall ditches where allowed shall be designed so as to provide eighteen (18) inch -18- equal to the cost of such hydrants plus an additional twenty- five percent (25%) to provide for their connection as soon as adequate mains become available, and such funds may be used for no other purpose. In any case, the distribution system shall comply with the above requirements. SECTION V - Erection of Building and Issuance of Permits - No building shall be errected on a lot or parcel of land subject to this Ordinance nor shall any building permit be issued therefor unless one of the following con- ditions exists: A) Such lot or parcel is within a subdivision for which a Final Plat has been approved by the Village Council and the required improvements have been installed and found acceptable by the Village Engineer. However, buildings may be erected concurrently with the construction of the required improvements of the subdivision, provided the builder or owner signs a written agreement at the time of issuance of such permit that he will not request final inspection nor electrica hookup until all improvements affecting said lot have been co pleted and approved. Prior to the installation of any require improvements of the subdivision, which commencement shall not exceed one year from the date of recording of the Final Plat, the following supplementary data shall be submitted to the Village Council: 1) Construction plans, specifications, and engineering estimates of costs for all required improvements in subdivisions, including streets, sidewalks, storm drainage facilities, water supply and distirbution facilities, sewerage -21- thick with reinforcing. The requirement for sidewalks shall be a responsibility of the builder, and such sidewalks shall be installed prior to the final inspection of any building. a) All driveways shall conform to FHA specifications. 9) New water and sewer systems where required shall be designed and constructed for an economic life of not less than twenty (20) years and in accordance with the regu- lations of the State Board of Health and the fire protection requirements of the National Board of Fire Underwriters. As a minimum standard, the distribution system shall be capable of delivering, in addition to domestic requirements of resi- dual pressures of not less than twenty (20) pounds per square inch, fire flows of at least five hundred (500) gallons per minute in single family residential subdivisions and 1,250 gallons per minute in commercial, institutional, or industrial areas at each user point of delivery adjacent to the distri- bution system. Fire hydrants in single family residential subdivisions shall be spaced no greater than 1,000 feet apart and shall be connected to mains no less than six (6) inches in diameter. Fire hydrants in commercial, institutional, or industrial areas shall be spaced no greater than 500 feet apart and shall be connected to mains not less than six (6) inches in diameter. Sufficient storage and/or emergency pumping facilities shall be provided to such an extent that the minimum fire flows will be maintained for at least four (4) hours. The requirement for fire hydrants may be waived temporarily in areas where adequate mains are not available, but in such case, the builder must place in escrow an amount _?fl_ collection and treatment facilities, and plans for excavating, filling, and grading lands; all as prepared by a Florida regis tered engineer and bearing his professional seal thereon. If the water distribution or sewerage collection system is to be an extension of existing systems, the submittal need not include complete plans and specifi- cations for the total basic existing system, but shall in- clude certification with supporting data by the developer's engineer demonstrating that adequate plans and specifications for the total basic existing system, but shall include certi- fication with supporting data by the developer's engineer demonstrating that adequate plant and other system capacity is available to serve existing connections plus those proposed in general accordance with the design standards listed herein. Additionally, the plans will show the connection of proposed facilities to existing systems and all proposed facilities within the proposed subdivision. As an alternative to submittal of an enginee 's estimate of costs, bids for the work from two reputable con- tractors or a copy of an executed construction contract for the work will be acceptable. 2) A certificate that the designs and plans of water and sewer systems to be installed have been approved by the State Board of Health. B) If on the effective date of this Ordinance, such lot or parcel abuts a public street which has been dedicated to and accepted by the Village of North Orlando, or such stree is shown on a legally recorded subdivision. C) A variance has been granted pursuant to Section VI below. -22- initiated by written petition to the Planning and Zoning Board ten (IO) days prior to scheduled Board meeting. B) Before any variance shall be granted, a public hearing on the proposed variance shall be held by the Village Council after due notice to the public and written notice to the adjacent property owners. Anticipated costs of holdin hearings and of sending notices shall be paid by the applican upon the filing of such written application. S) The Village Council shall make findings that the requirements of each portion of this section have met. The Council shall further make a finding that the reaso s set forth in the application justify the granting of the vari ance, and, that the variance is the minimum variance that wou make possible the reasonable use of the land, building, or other improvements. 6) The Council shall make a further finding t t the granting of the variance would be in harmony with the general purpose and intent of this Ordinance and will not be injurious to the surrounding territory or otherwise detri- mental to the public welfare. In granting any variance, the Council may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safe- guards, when made a part of the terms under which the vari- ance is granted shall be deemed a violation of this Ordinance and shall be punishable as such. C) Appeals - any person or persons, or any board, taxpayer, department or bureau of the Village of North Orland , Florida, aggrieved by the granting of any variance or by the -24- SECTION VI - Exceptions, Variances, and Appeals A) Variances - The Village Council may grant a variance from the terms of this Ordinance when such variance will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. Such variance shall not be granted if it has the affect of nulli- fying the intent and purpose of this Ordinance. Furthermore, such variance shall not be granted by the Council unless and until: 1) A written application for such variance is submitted demonstrating that special conditions exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements. 2) A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights com- monly enjoyed by other properties with similar conditions. 3) That the special conditions and circumstanc s do not result from actions of the applicant. 4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or required subdivision improvements under similar conditions. No pre-existing conditions on neighboring lands which are contrary to the regulations established in this Ordinance shall be considered grounds for the issuance of a variance. A) All action to alter, change, establish, repeal or enact any ordinance or any variances thereunder shall be -?~- interpretation by Village officials of this Ordinance may seek review through a court of record of such finding or interpre- tation in the manner provided by the laws of the State of Florida. SECTION VII - Sale of Nonplatted Lots - No owner of a tract of real property containing more than three (3) acres, or being a subdivision as defined in this Ordinance, shall sell lots from such tract without first having, in accordance with the requirements hereof, such tract surveyed and a plat of the lots proposed to be sold prepared by a registered sur- veyor. Before such plat shall be recorded, it shall be approv d in accordance with the specific provisions of this Ordinance. No permit shall be issued for the construction of any building or for electrical hookup on any lot sold in violation of this section. SECTION VIII - Enforcement and Penalties - The Counc"l or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this Ordinance, including injunctive relief, to enjoin and restrain any person violating the provisions of this Ordinance and any rules and regulations adopted under this Ordinance, and the Court shall, upon proof of the viola- tion of the Ordinance, have the duty to forthwith issue such temporary and permanent injunctions as are necessary to pre- vent the violation of this Ordinance. Any person violating the provisions of this Ordinance or who shall fail to abide by and obey all regulatio s and order adopted herein shall be guilty of a misdemeanor, pun"sh- able upon conviction thereof in the Municipal Court of the Vil age -25- i I . of North Orlando by a fine of Two Hundred Dollars ($200.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Each day that the viola- tion shall continue shall constitute a separate punishable offense. SECTION IX - Conflicts - All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION X - Separability - Should any article or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION XI - Effective Date - This Ordinance shall become effective immediately upon its passage and adoption. -26- I' PASSED AND ADOPTED ~ First Reading the ~day Of~, 1969 Second Reading the ~IC' day o~~, 1969 Third Reading the ~l~ay Of~, 1969 ~~- ~J~.w/ -27- -" APPENDIX Performance Bond Owners Certification Surveyors Certification Engineers Certification Planning Board Certification Notary Public Certification Page No. ii iv iv v v vi Subdivision Regulations Village of North Orlan 0, Florida PERFORMANCE ~ The following form is specified in accordance with Subdivision Regulations. KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Principal herein is the owner and developer of the Subdivision, Unit located in North Orlando, Florida. WHEREAS, the preliminary plans and specifications of said subdivision showing the location, construction and installation of improvements therein have been filed with and approved by the North Orlando Planning Board and which are hereby referred to and made part of this instrument, as if fully copied and set forth herein, and WHEREAS, the Principal herein does hereby obligate itself and does agree to complete the construction and in- stallation of said improvements in the said Subdivision in accordance with the said preliminary plans and specifications now on file, and as bounded and modified by the final plan of Subdivision, Unit approved by said Commission. NOW, THEREFORE, as Principal and heirs, executors, administrators and successors unto the Village of North Orlando for and on behalf of said city in the sum of $ conditioned upon the performanc by the Subdivision, Unit in the construction and in- stallation of all improvements herein called for, the same im- provements to be completed on or before the day of ; ; " , 19___, and upon the completion thereof this obligation to be null and void, otherwise to remain in full force and effect. If the Principal fails to complete the construction, and installation of all the improvements of said subdivision as shown and provided for by said plans and specifications herein referred to or has not obtained an extension of the above completion date prior to the completion date herein above specified, then the Principal herein shall be obli- gated to perform the construction and installation of the im- provements herein above referred to or will be liable to the Village of North Orlando, Florida, for a sum of money equal to but not to exceed the amount referred to herein. WITNESS our hands this ___day of 19 - PRINCIPAL By: (SEAL) WITNESS ATTEST Secretary iii I, / OWNERS CERTIFICATION I (we) DO HEREBY CERTIFY that I am (we are) the only owner (s) of record of the property platted hereon, said property being recorded in Deed (Plot) Book Volume _____, Page_____, in Seminole County, Florida, Clerk's Office, and do hereby adopt this as my (our) record plat for this property; and do hereby dedicate the streets and other spaces as indicated to public use. Owner(s) Signature and Address DATE Witness Signature and Address SURVEYORS CERTIFICATION I HEREBY CERTIFY that the foregoing plat is a correct representation of the land surveyed and that Perma- nent Reference Monuments have been placed as required by the Survey Laws of the State of Florida. REGISTERED SURVEYOR NO. DATE iv I. NOTARY PUBLIC CERTIFICATION STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that on this day before me, an officer duly authorized in the County and State aforesaid, to take acknowledgments, personally appeared to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the State and County last aforesaid this day of A. D., 1969. Notary Public My Commission Expires: vi