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HomeMy WebLinkAboutOrdinance 50 Subdivisions ..... ( "- r , t, ". ~ ORDINANCE NO. SO 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; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEPARABILITY; AND PROVIDING EFFECTIVE DATE. SECTION I - Definition of Terms - For the purposes 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 ..",rf-I:, mandatory, and the word "may" is permis>s'fve. "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". "Lot" means a portion of a subdivision or any other , . , " I parcel of land intended as a unit for building development or for transfer of ownership or both. The word "lot" includes the word "plot","parcel", or "tract". "plat" means a map or drawing depicting the division of lands into lots, blocks, parcels, tracts, or other divisions however the same may be designated. "Street" means a way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, freeway, road, avenue, boulevard, lane, place, court, or however designated, whenever designated for public use and accepted by the public. "Subdivision" means either (1) division of a parcel of land into two or more lots or parcels, either or both being three acres or less in areas; (2) establishment or dedication of a road, highway, street, or alley through a tract of land regardless of areas; (3) establishment or dedication of a road, highway, street, or alley through a tract of land regardless of areas; or, (.) ~esubdivisions 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 - An original and two copies of all maps or plats of subdivisions of any land within the corpo- rate limits of the Village of North orlando, subject to the pro- visions of this Ordinance, shall be submitted originally in preli- minary form for preliminary approval by the Village Council and then in final form to the Village Council for final approval prior to the recording of such map or plat. Final submittal to the Village Counci -2- ..j \ . \ to be preceded by the approval of the appropriate Village agencies as indicated herein who shall determine whether all applicable requirements have been complied with by the applicant. B) Procedure for Preliminary Review and APproval - The 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 and Zoning Board. Reports from this Board shall then be forwarded with plat to the Village Clerk. Information submitted shall include the following: 1) Name of subdivision and legal description of property as well as names of all abutting subdivisions. 2) Name and address of owner of lands and subdivider 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, boundary lines, north point, date, and scale of map which shall be at a scale consistent with a clear presentation of information. S) Location, width, and anticipated names of streets, 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 Survey 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 distribution facilities, sanitary sewerage collection and treatment facilities 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. lS) 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 and -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 con- 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 as 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 said Preliminary Plan, nor as authority for obtaining building permits, 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 tothe Preliminary Plan and map as approved and shall include any con- ditional requirements specified by the Council in a conditional approval. The subdivider may, if he desires, include only that portion of the approved Preliminary Plan which he proposed to develop at the time; provided, however, that such portion conforms 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; otherwise, such preliminary approval will automatically become null and void 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 amount of One Hundred Dollars ($100.00), payable to the Village, to partically cover cost of handling, review, and engineering in- spections during the construction phase. 4) Engineering Plans and Specifications. All cost of engineering plans and specifications in connection with the layout, construction and inspection of any subdivision shall be paid by the developer and shall be inspected by an inspector approved by the Village Engineer. Inspectors may be named by the Village. 5) No plats shall be approved for record which do not comply with Chapter 177, Florida Statutes, and with the provisions 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 additionally conform to the following requirements: a) If more than one (1) sheet is required, a suitable index map showing the entire subdivision with index for the 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 shall be in accordance with acceptable professional practices and principles for land surveying and preparation of plats. Special consideration shall be given to the relationship of the proposed plat to existing abutting plats to prevent unintended overlap or omission of lands. -h- d) Mortgage holders shall execute before two (2) witnesses and a notary public the following certificates or 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 foreclose 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 supple- mentary data shall be submitted to the Village for consideration in conjunction with the Final plat: a) All protective or restrictive covenants to be recor ded. b) Performance and maintenance bonds as follows: 1) Corporate or surety completion bond including payment of vendors clause executed by a company authorized to do business in the State of Florida and acceptable to the Village, pay- able 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 facilities, street signs, water and sewer facilities, and other improvements as shown on the Final Development plan. As an alternative to the provision of a corpo- rate or surety bond, the subdivider may provide for the deposit of equivalent cash in an escrow account with the Village. 2) Maintenance bond payable to the Village guar- anteeing the performance of required subdivision improvements for one year after date of completion and acceptance by the Village, executed and enforceable in the same manner as the corporate or _7_ ~ surety completion bond described above. c) Certificate of payment of development charges for subdivisions in areas indicated by the Village Engineer to have critical drainage or other development matters significantly affecting adopted overall comprehensive plans. d) A letter from an acceptable abstract company certifying the following: 1) Parties executing plats are owners of the 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 submitted to the Village Clerk who will distribute them to the Village Engineer, and the Planning and Zoning Boards, and tre Village Attorney, who shall determine whether all requirements of this Ordinance and of Chapter 177, Florida Statutes, have been com- plied with. The Council shall approve the Final plat, considering any applicable agency reports, if the plan is in substantial con- formity with the approved Preliminary plans and if it complies with regulations established herein. In disapproving any Final Plat, the Council shall provide reasons for such action making reference to specific sections of this or 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 certi- fies 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. -8- SECTION III - Subdivision Design Standards A) Conformity with Comprehensive Plans - The sub- dividing and development of any areas subject to this Ordinance 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 res- pect to lake levels, navigational requirements and policies, water supply, waste disposal and other essential utilities; overall drainage plan and policies for development in any Special Improve- ment Districts. B) Lots and Blocks - 1) Lots and blocks shall be designed according to acceptable practice for the type of development and use contem- plated so as to be aesthetically acceptable; in keeping with the topography and other site conditions and to provide adequate traffic and utility access and circulation; acceptable use of space; provide privacy, adequate drainage, and protection of property. The establishment of special requirements 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; provided, 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. -9- 3) The entire parent tract being subdivided shall 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) The subdivider shall confer with the Planning and Zoning Board in regard to sites for schools, parks, play- grounds, and other common areas for public use. An area equal to five percent (5%) of the gross area shall be dedicated by the owner to the Village for park and recreational purposes. As an alternative to such dedication, particularly when the land to be subdivided is too small for a park or recreation area, at his option the owner shall pay to the Village a sum of money equal to five percent (5%) of the land value of the plat- ted area, which shall be held in escrow by the Village for the purpose of acquiring and developing parks and recreation areas and for no other purpose. The aforementioned value shall be the value of the land to be developed without improvements and shall be determined jointly by the Village Engineer and the owner and approved by the Village Council. ALL LAND DEDICATED FOR PUBLIC USE SHALL BE SUITABLE FOR PARKS AND RECREATIONAL AREAS, INCLUDING AREAS THAT ARE NATURAL OR MAN MADE LAKES. D) 1) Streets and Alleys - Streets shall be classified according to the following: a) Arterial streets include designated State Roads and other thoroughfares which are designed, constructed, and maintained for large traffic volumes. -10- . . b) Collector streets are those designed, con- structed, and maintained for moderate traffic volumes and to serve as connectors between arterial streets and minor streets. c) Minor streets are those designed, constructed, and maintained primarily to provide access to abutting property owners. 2) Minimum rights of way and paving shall be pro- vided as follows: Paving Paving Width Width Street Right-of-Way with without Classification Width Curbs* Curbs Arterial streets 80 28 24 Collector streets 60 28 24 Minor streets 50 24 20 * Outside to outside of curb, including Miami type valley gutters. a) Street grades, wherever feasible, shall not exceed the following, with due allowance for reasonable vertical curve s . Street types Percent Grade Regional Thoroughfares Local Thoroughfares Collector streets Minor Streets Marginal Access Streets 6 7 8 10 10 b) No street grade shall be less than 0.1 per- cent. The above requirements are for residential developments. Commercial or industrial subdivisions may require individual consideration as to the extent required. c) All major streets leading to a subdivision shall be paved. All streets within a subdivision shall be paved. -11- 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 arrangement and location of all streets shall be considered in relation to topographical conditions, to public convenience and safety, and in their appropriate relations to the proposed uses of the land to be served by such streets. Streets in the proposed subdivi- sion shall be connected to platted streets in abutting areas where appropriate. The width of such streets in new subdivisions 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 maximum 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 ninety degrees (900) and the right of way increased accord- ingly. Multiple intersections involving the juncture of more than two (2) streets shall be prohibited unless special provision is made in the design of the intersection. Intersections with major -12- 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 Ordinance shall be paid by the Village. Where access streets to a sub- division are not adequately paved to handle the anticipated 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 Village for the construction of paving on the basis that the property owners pay two-thirds and the Village pays one-third of the cost 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 of existing streets except that new streets that are an exten- 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 -11- 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 be a minimum of fifteen feet and include electric, telephone and gas easements. Where deemed necessary along side lot lines a minimum width of fifteen feet shall be provided as required for proposed utility installation or maintenance. 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 feet when serving a single electric or telephone utility. All utility services shall be installed underground, including electric power, telephone and community antenna television service. Both main transmission lines and indi- vidual service connection lines to buildings shall be in- stalled underground. Provided, however, it shall not be neces- sary to install the said services underground in an area where building lots shall be of the size of one (1) acre or greater. 2) A drainage easement shall be provided when necessary. Such easements shall be of sufficient width to pro- vide adequately for water courses, drainage ways, channels, pipes, culverts, or streams, and access to permit maintenance of same. No open drainage ditches shall be allowed with- in any subdivision boundaries. Storm sewers shall be covered -14- and open ditches permitted across undeveloped land only as an outlet into an established water course. Whenever any outlet ditch passes within one hundred (100) feet of any home, the area of ditch shall be fenced. 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 one hundred (100) feet except that where adequate seawalls are provided, the minimum easement width may be reduced to sixty (60) feet. A minimum water depth of five (5) feet shall be provided for a continuous bottom width of twenty (20) feet. Whenever possible, such canals and waterways shall provide for adequate flushing action by prevailing winds and currents to assure the prevention of stagnant water and debris accumu- lation. . 4) Where a subdivision is traversed by a water course, drainage way, canal or stream, there shall be pro- vided a storm drainage easement or right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. F) Soil and Water Conditions - Land which is subject to periodic flooding or which has unsuitable soil conditions shall not be subdivided until all water and soil hazards have been reasonably eliminated in relation to the purpose for which the land is to be used. -15- 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- mercial districts, apartment projects or town house projects, and other developments under single ownership. In such cases, the owner shall be responsible for the construction, maintenance, and control of such private streets. SECTION IV - Required Improvements in Subdivision A) Design and Inspection Responsibility - 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 improvement shall be prepared by such engineer and submitted to the Village along with the plats and bonds to allow joint review and approval prior to commencement of construction. After required improvements have been installed, such engineer shall submit certifica- tion 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 inspection 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 conform 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. -16- B) Construction Standards - 1) Permanent Reference Monuments - Within each block of a subdivision at least two (2) monuments designed and designated as control corners shall be installed. All monuments 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 finishe grade. At the time of the final inspection of the required improvements, a surveyor's certificate indicating that the Permanent Reference Monuments are in place shall be provided. 2) Curbs and Gutters Required a) A properly prepared sub grade and approved road base and wearing surface with a minimum of MIAMI TYPE 2 CURBS AND GUTTERS shall be provided for all paved streets within any subdivision having lots less than one (1) acre in size. b) Paved Street (large Lots) - A properly prepared sub grade and approved road base and wearing surface with grass swales not to exceed 1.5 feet in depth to 5 feet in width from road edge may be provided for all streets in subdivisions with lot sizes one (1) acre or greater. Streets and drainage easements are to be cleared as required and left in a neat and clean condition. Street rights of way and outfall ditches shall be sprigged with grass or seeded and mulched or shall be otherwise protected to prevent erosion in a manner approved by the Village Council. The sub- grade must be of suitable material and must be prepa~d in -17- 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, or or commercial subdivisions 2) 8" of compacted soil cement, and all arterial streets or 3) Equivalent material approved by the Village Council b) All streets in residential 1) 6" of compacted limerock, or subdivisions except arterial 2) 6" of compacted soil cement, streets or 3) Equivalent materials ap- proved by the Village Council. 3) The wearing surface shall consist of one of the following materials for hard surfaced, paved streets: a) All streets in industrial or commercial subdivisions 1) l~" of Type I asphaltic concrete surface course b) All streets in residential subdivisions except arterial streets 1) 1" of Type I or II asphaltic concrete surface course, or 2) Equivalent materials ap- proved by the Village Council. 4) Street name markers shall be installed at each intersection. Such markers shall be mounted on galvanized pipe extending at least eighteen (18) inches into concrete base below surface grade and nine (9) feet above grade, bearing al- uminum or steel signplates six (6) inches high to permit letters three and one-half (3~) inches in height, or shall be the equi- valent or better with regard to legibility, durability, and appearance. -18- 5) 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 drain- age system for each subdivision shall include a sufficient 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 clearance between the design water surface and bank top and shall be designed for flow velocities not to exceed two (2) feet per second. Where higher velocities are anticipated, other ade- quate permanent protection against scour shall be provided. Street subdrains or underdrains may be required where soil and water conditions warrant. Underground drainage systems shall include one or more of the following which shall meet the specifications of the Village Engineer as to composition and size: a) Reinforced concrete pipe, b) Asphalt-coated corrugated metal pipe, c) Reinforced concrete box culverts, d) Drainage inlets, headwalls, manholes, and appurtenant facilities. 6) The design of bridges when required shall be approved by the Village Engineer. Approach guard rails, fences, and walks shall be provided as required by the Village Engineer. 7) * Sidewalks at least four (4) feet in width shall be placed on each side of all streets all along and within the right-of-way except within industrial, commercial, or mobile home districts. Sidewalks shall be waived on streets where * All 4' sidewalks shall not exceed 5' per section. -19- the average lot is in excess of 20,000 square feet, or where the Zoning and Planning Boards recommend waiving this require- ment, and the Village Council approves a Preliminary Plan in- cluding such waiver. Sidewalks shall be constructed of nonstress concrete with a minimum thickness of four (4) inches except at driveway approaches, where it shall be at least six (6) inches thick without reinforcing or four (4) inches thick with rein- forcing. 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 spec i- fications. &) 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 regulations of the State Board of Health and the fire protection require- ments 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 residual 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 com- mercial, institutional, or industrial areas at each user point of delivery adjacent to the distribution 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 -20- , , 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 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 erected on a lot or parcel of land subject to this Ordinance nor shall any building permit be issued therefor unless one of the following conditions exists: 1) 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 con- currently 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 electrical hookup until all improvements affecting said lot have been completed and approved. Prior to the installation of any required 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: a) Construction plans, specifications, and engineer- ing estimates of costs for all required improvements in subdivi- -21- sions, including streets, sidewalks, storm drainage facilities, water supply and distribution facilities, sewerage collection and treatment facilities, and plans for excavating, filling, and grading lands; all as prepared by a Florida registered engineer and bearing his professional seal thereon. If the water distribution or sewerage col- lection system is to be an extension of existing systems, the submittal need not include complete plans and specifications for the total basic existing system, but shall include certification 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 pro- posed subdivision. As an alternative to submittal of an engineer'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. b) A certificate that the designs and plans of water and sewer systems to be installed have been approved by the State Board of Health. 2) 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 street is shown on a legally recorded subdivision. 3) A variance has been granted pursuant to Section VI below. -22- , \ 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 nullifying the intent and purpose of this Ordinance. Furthermore, such vari- ance shall not be granted by the Council unless and until: 1) A written applfcation for such variance is sub- mitted demonstrating that special conditions exist which are peculiar to the land, structures, or required subdivision im- provements 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 commonly enjoyed by other properties with similar conditions. 3) That the special conditions and circumstances 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. S) 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 holding hearings -23- . \ and of sending notices shall be paid by the applicant upon the filing of such written application. a) All action to alter, change, establish, repeal or enact any ordinance or any variances thereunder shall be initiated by written petition to the Planning and Zoning Board ten (10) days prior to scheduled Board meeting. 6) The Village Council shall make findings that the requirements of each portion of this section have been met. The Council shall further make a finding that the reasons set forth in the application justify the granting of the variance, and, that the variance is the minimum variance that would make pos- sible the reasonable use of the land, building, or other improve- ments. 7) The Council shall make a further finding that 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 detrimental to the public welfare. In granting any variance, the Council may pre- scribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this Ordinance and shall be pun- ishable as such. B) Appeals - Any person or persons, or any board, taxpayer, department, or bureau of the Village of North Orlando, Florida, aggrieved by the granting of any variance or by the interpretation by Village officials of this Ordinance may seek review through a court of record of such finding or interpreta- tion in the manner provided by the laws of the State of Florida. -24- 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 regis- tered surveyor. Before such plat shall be recorded, it shall be approved 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 viola- tion of this section. SECTION VIII - Enforcement and Penalties - The Council 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 violation of the Ordinance, have the duty to forthwith issue such tempo- rary and permanent injunctions as are necessary to prevent the violation of this Ordinance. Any person violating the provisions of this Ordinance or who shall fail to abide by and obey all regulations and orders adopted herein shall be guilty of a violation of a municipal ordi- nance, punishable upon conviction thereof in the Municipal Court of the Village of North Orlando by a fine of Two Hundred Dollars ($200) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment. Each day that the violation shall continue shall constitute a separate punishable offense. -25- , I 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 pro- vision of this Ordinance be declared by the courts to be un- constitutional 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. READ FIRST READING this ~day of ~ "'~~ , A. D., 1969. ~ ~ READ SECOND READING this 2-day of ~""""~ ' A. D., 19~."O PASSED AND ADOPTED this S">daO of ~'^'~..,.,. , A. D., l~;r --r:r--v ~~ Mayo ATTEST: -I--~~ --u/~ VILLAGE CLERK -26- ..1,. Subdivision Regulations Village of North Orlando, Florida 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, an~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. CORPORATION OR COMPANY DATE By: Attest: Witness Witness ACKNOWLEDGMENT personally appeared acknowledgments, known to me to and respectively corporation or company, and they to me the execution of the foregoing instrument of said corporation was affixed thereto by and with of its board of directors for the purposes therein This is to certify that on this day before me, an officer duly authorized to take and be the of acknowledged and the seal the authority expressed. Witness my hand and official seal this ____day of , A. D., 196_. Notary Public; State of Florida My Commission Expires: SURVEYORS CERTIFICATION This is to certify that the foregoing plat is a correct representation of the land surveyed and that permanent reference monuments have been placed as required by the survey laws of the State of Florida. Registered Surveyor No. Date -l';;A- . ~" t:- ~ \ , Subdivision Regulations Village of North Orlando, Florida ENGINEERS CERTIFICATION The plans for this subdivision have been found to be in accordance with the requirements of this office, as re- quired by the Village of North Orlando, Florida, Subdivision Regulations. Date Engineers Name and Seal North Orlando, Florida Works Department PLANNING BOARD CERTIFICATION This plat is approved by the North Orlando, 'Florida, Planning Board as of ____, 196_, and is eligible for public record in accordance with Subdivision Regulations. Planning Board Chairman North Orlando, Florida Planning Board Date -2-A- ,_I i: 'r'" r-'. ....' " . Subdivision Regulations Village of North Orlando, Florida PERFORMANCE BOND 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 instal- lation of improvements therein have been filed with and approved by the North Orlando Planning & Zoning Board and which are here- by referred to and made part of this instrument, as if fully copies and set forth herein, and WHEREAS, the Principal herein does hereby obligate itself and does agree to complete the construction and instal- lation 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 Village in the sum of $ conditioned upon the performance by the Subdivision, Unit in the construction and instal- lation of all improvements herein called for, the same improve- ments to be completed on or before the day of 19 , and upon the completion thereor-th1s obligation to be-oull 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 com- pletion date prior to the completion date herein above specified, then the Principal herein shall be obligated to perform the con- struction and installation of the improvements herein above re- ferred 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 the _day of 19__. PRINCIPAL Witness By: (SEAL) Witness Attest: -3-A-