A site plan review shall be conducted to ensure that a proposed development of individual sites within the city meets all applicable development codes, provides for adequate public facilities and services (potable water, sanitary sewer, solid waste disposal, surface water runoff drainage, roads, and recreation) concurrent with impact of the development, and is compatible with existing and anticipated development within the site's immediate area.

A site plan must be approved by the planning and zoning advisory board and city council prior to any development only where the size of any proposed development exceeds five acres in size. All other required site plans shall be approved by city staff as provided in this division.

(Ord. No. 1073, § 2, 7-17-13; Ord. No. 1092, § 4, 5-21-14)

(a)

Pre-application conference. Before submitting a site plan for review and approval, the applicant, or his/her representative, shall meet with the building official, or designee, and any other city manager designee, to discuss the site plan review process and for guidance in meeting the goals of the community redevelopment district, if applicable, and the land development regulations. No person may rely upon any comment made by anyone at this conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(b)

Review process.

(1)

The building official shall submit the proposed site plan to the appropriate city staff and the city engineer for their determination of the plan's feasibility, suitability, and conformity with official city plans, policies, and the requirements of the land development regulations. The city staff and city engineer shall communicate their findings and recommendations to the building official.

(2)

Thereafter, the building official shall submit all plans, findings, and recommendations to the planning and zoning advisory board at least seven days before the public hearing at which the board shall consider the submitted information and make its recommendations to the city council.

(c)

Review criteria. In making its recommendation, the planning and zoning advisory board shall consider the following minimum factors in addition to the information described in [subsection] (b) above:

(1)

Consistency with the levels of service requirements in the city's comprehensive plan and the concurrency and other requirements of this chapter.

(2)

Design and functional compatibility within the development and the city.

(3)

Provision for maintenance and conservation of common open space, if any.

(4)

Provision for surface water runoff management and conservation of natural resources, including the beach and the Indian River Lagoon.

(Ord. No. 1073, § 2, 7-17-13)

(a)

Preparation. Site plans shall be prepared by a registered architect, engineer, or landscape architect, as applicable, licensed to practice in the State of Florida. The plans shall be dated and identified by a project title or job number. Any revisions to the plans shall be sealed and dated.

(b)

Submittal. Certified copies of the site plan shall be prepared in a form acceptable to the city and submitted to the building official for review and approval. The application shall include one digital copy and five copies of the site plan, along with the required filing fees. The individual who certifies the site plan will attach the following signed statement to the plan:

"To the best of my knowledge, this site plan complies with the City of Satellite Beach Land Development Regulations, except as noted below."

(c)

Filing approved site plan. Upon approval by the city council or city staff, whichever is applicable, two copies of the site plan and required exhibits shall be signed by the building official. One signed copy shall be filed with the building official as a permanent record, and the other shall be provided to the applicant.

(d)

Modification of site plans. Any proposed modification to an approved site plan must be reviewed by the building official to determine whether the proposed modification constitutes a minor or major modification. Such a request must be filed in writing, and a written determination will be rendered within ten working days of such request.

(1)

For purposes of this section, major modifications shall include, but not be limited to (i) any changes in use or density, (ii) any increase in the number of structures, (iii) any change in the location of a structure included in an approved site plan and (iv) modifications the building official determines could reasonably be expected to cause adverse changes in internal functioning of the site or its off-site impacts. Major modifications to approved site plans must be approved by the planning and zoning advisory board and city council or city staff, whichever is applicable, in the same manner as a new application.

(2)

For purposes of this section, minor modifications are slight variations or alterations to an approved site plan of such a nature that they do not qualify as a major modification as described in subsection (1).

(3)

Minor modifications may be authorized by the building official, when determined to be consistent with an approved site plan. An application for minor modification must be filed with the building official stating the nature of the request and justification for such, as well as an updated site plan illustrating the proposed change. The building official shall provide a written response to the applicant within ten working days of receipt of an application. If the building official denies the minor modification, the reasons for denial shall be stated in the response. An applicant may proceed with the requested change upon a favorable decision from the building official regardless of whether the minor modification is approved prior to or after a building permit has been issued.

(e)

Time limit for commencing development after site plan approval. For non-phased development, if the foundation, under-floor plumbing, and floor slab are not completed within one year of the site plan approval date and no extension has been granted by the city council or city staff, whichever is applicable, before the one-year period expires, the site plan shall be deemed null and void, and no construction shall be permitted until a new application has been approved. If development is planned in phases, the time table approved by city council or city staff, whichever is applicable, must be adhered to, or an extension must be obtained from the city council or city staff, whichever is applicable, before the phased schedule expires.

(f)

Contents. The site plan shall include the following:

(1)

Existing site conditions.

a.

A soil map of the site. Existing USDA soil conservation service maps are acceptable.

b.

A map of vegetative cover with the location and common name of all protected trees. Groups of protected trees may be designated as clusters, with the estimated total number noted. This information shall be summarized in tabular form on the plan.

c.

A topographic survey.

d.

A detailed project-area map showing existing hydrography and runoff patterns, as well as the size, location, topography, and land use of any off-site areas that drain onto, through, or from the project area.

e.

Existing surface waters, wetlands, and canals within the proposed development site, including seasonal high-water-table elevations and attendant drainage areas for each.

f.

A map showing the locations of any soil borings or percolation tests required by this chapter. Percolation tests representative of design conditions shall be performed if the surface water runoff management system includes swales, percolation (retention), or exfiltration (detention with filtration) designs.

g.

A scale drawing of the site and all land within 500 feet of any property line of the site.

h.

The location of any underground or overhead utilities, culverts, and drains on the property and within 100 feet of the proposed development boundary.

i.

The location, names, and widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other public spaces, and similar information regarding abutting property.

j.

The 100-year flood elevation, minimum required floor elevation, and boundaries of the 100-year floodplain for all parts of the proposed site.

k.

Drainage basin or watershed boundaries, identifying locations of the routes of off-site waters onto, through, or around the project.

l.

Location of wells.

(2)

Proposed site activities and design.

a.

Generally.

1.

Area and percentage of total site area to be covered by an impervious surface.

2.

Grading plans, including perimeter grading.

b.

Buildings and other structures.

1.

Building footprint, showing the location, dimensions, floor area, and proposed use of buildings.

2.

Building setback distances from property lines, abutting right-of-way center lines, and all adjacent buildings and structures.

3.

The location of all off-site sidewalks required by section 30-547.

4.

Minimum floor elevations of buildings within any 100-year floodplain.

5.

The location, dimensions, type, composition, and intended use of all other structures.

c.

Utilities.

1.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

2.

Location of the nearest available potable water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

3.

Boundaries of proposed dedicated utility easements.

4.

Exact locations of existing and proposed fire hydrants within 500 feet of the site.

5.

Location of irrigation wells.

d.

Streets, parking, and loading.

1.

The layout of streets and driveways, showing proposed elevations, grades, paving, and drainage plans and profiles.

2.

A layout showing the total number and dimensions of proposed parking spaces and loading areas, as well as all proposed ingress and egress, including proposed public street modifications and projected on-site traffic flow.

3.

The location of all exterior lighting.

4.

The location and specifications of any proposed garbage enclosures.

5.

Cross sections and specifications of all proposed pavement.

6.

Typical and special roadway and surface water runoff drainage sections and summary of quantities.

e.

Tree removal and protection.

1.

All protected trees to be removed.

2.

Proposed changes in the natural grade and any other development activities directly affecting trees to be retained.

3.

A statement of measures to be taken to protect the retained trees.

4.

A statement of proposed tree relocations.

f.

Landscaping.

1.

Location and dimensions of proposed landscaped areas, access aisles, and driveways.

2.

A description of existing and proposed plants for landscaped areas, including species (scientific and common names), variety and size.

3.

An irrigation plan for landscaped areas. Irrigation within areas that have native plants that can be damaged by spray type irrigation due to salinity conditions must utilize other methods such as soaker or drip hoses.

g.

Surface water runoff management.

1.

A plan that describes the type and location of measures to control erosion and sedimentation, the stage of development at which they will be put into place or used, and maintenance provisions for the control measures.

2.

A description of the proposed surface water runoff management system, including:

(i)

Channel, direction, flow rate, and volume of surface water that will be conveyed from the site, with a comparison to natural or existing conditions.

(ii)

Detention and retention areas, including plans for the discharge of contained waters, maintenance, and impact on receiving surface waters.

(iii)

Areas of the site to be used or reserved for percolation, including an assessment of the impact on groundwater quality.

(iv)

Location of all water bodies to be included in the surface water runoff management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

(v)

Linkages with existing or planned surface water runoff management systems.

(vi)

Location of on- and off-site rights-of-way and easements for the system.

(vii)

The entity or agency responsible for the operation and maintenance of the surface water runoff management system.

(viii)

The location of off-site surface water runoff management systems that will be used by the proposed development, showing the names and addresses of the owners of the systems.

(ix)

Runoff calculations, which shall be in accord with St. Johns River Water Management District regulations.

h.

Environmentally sensitive lands identified in this chapter.

1.

Exact sites and specifications for all proposed drainage, filling, grading, dredging, and vegetation removal, including estimated quantities of excavation or fill materials computed from cross sections.

2.

Percentage of the site's land surface that is covered with natural vegetation and percentage of natural vegetation to be removed by development.

3.

Distances between development activities and the boundaries of protected, environmentally-sensitive lands.

4.

The manner in which habitats of endangered, threatened, and special-concern species will be protected.

i.

Signs. Location of all proposed signs.

j.

Subdivision. The proposed number, minimum area, and location of lots if development involves a subdivision of land.

k.

Land use and dedications.

1.

The location and amount of area on the site devoted to all existing and proposed land uses, including schools, open space, churches, and residential and commercial uses.

2.

The total number of dwelling units per acre.

3.

The location of all land to be dedicated or reserved for all public and private uses, including rights-of-way, easements, special reservations, and the like.

(3)

Concurrency requirements. Before a building permit may be issued, the following concurrency requirements regarding potable water, sanitary sewer, solid waste disposal, surface water runoff drainage, roads, recreation, and schools shall be met:

a.

A certificate from the appropriate permitting authority, indicating that the surface water runoff management system into which the proposed project will discharge surface water runoff has sufficient capacity to accommodate the proposed development.

b.

A certificate from the county indicating sufficient sanitary sewer capacity for the proposed development.

c.

A certificate from the county indicating sufficient solid waste capacity for the proposed development in the county landfill.

d.

A certificate from the City of Melbourne indicating sufficient potable water capacity for the proposed development in the Melbourne Water System.

e.

A certificate from the city's recreation director indicating that sufficient recreational facilities exist in the city to serve the occupants of the proposed development.

f.

For those projects proposing access to a state roadway, an access permit from the state. Such permit shall indicate the existing level of service from the access road, the latest average daily traffic count on such road, and the average daily trip generation projections for the project and their resulting level of service on the access road.

g.

A certificate from the Brevard School District indicating that sufficient public education facilities exist to serve the occupants of the proposed development.

(4)

Traffic study.

a.

Required. Proposed development projects which meet one of the following criteria shall submit a traffic study prepared and signed by a professional traffic engineer:

1.

Nonresidential projects which have a total of 10,000 or more square feet of floor area.

2.

Residential projects of 25 or more dwelling units.

b.

Contents. The traffic study shall be designed to predict the impact of the proposed development on the transportation system. The study shall include at least the following information:

1.

A statement explaining the assumptions used in the study, including as a minimum, background traffic growth rate, directional splits, average trip length, and major attractions.

2.

Estimates and projections of average daily traffic, and the effect of increased traffic on the level of service adopted by the city. Estimates of anticipated trip generation shall be based upon current information from the Institute of Transportation Engineers, American Association of Safety Highway and Transportation Officials, Federal Highway Board, or similar professionally-acceptable source.

3.

Any need for frontage or access roads parallel to the primary access road.

4.

Any need for signalization.

5.

Provisions for maintaining the level of service adopted by the city for affected roadways and intersections.

(5)

Administrative deviations.

a.

Provisions where deviations are authorized. The building official is authorized to grant deviations from the setback provisions contained in sections 30-407 through 30-416 (various zoning district regulations) for street, rear, side, or waterbody setbacks to permit structures to encroach with regard to a specific setback only under the following circumstances:

1.

Bay windows, chimneys and similar architectural features that may encroach into the setback provided the encroachment does not protrude beyond a two-foot overhang.

2.

Where American Disability Act (ADA) standards will be applied, street, rear, side, or waterbody setbacks may be modified to permit construction of access (walks, paths, steps, ramps, parking spaces, doorways, etc.) for disabled persons.

3.

Street, rear, side, or waterbody setbacks may be modified to allow the replacement of stairs or decking that provides access into an existing dwelling unit.

b.

Criteria for administrative deviations. Administrative deviations may be granted only where the building official finds that the following criteria have been met:

1.

The alternative proposed to the standards contained herein is based on sound engineering practices.

2.

The granting of the deviation does not violate and is not inconsistent with any specific policy directive of the city council, any other city regulation, or any comprehensive plan provision.

3.

The modifications will be the minimum required.

c.

Submittal requirements. The submittal requirements for a deviation include the following:

1.

A completed deviation application form provided by the city.

2.

Plans, sealed by a registered professional engineer, that accurately reflect the applicant's alternative proposal.

3.

A written statement showing how the proposed alternative meets the criteria in subsection (b) above.

4.

Any other materials and/or calculations requested by the building official to aid in the decision.

d.

When submittals may be made. Requests for deviations may be submitted contemporaneously with the applicant's original site plan review application, or at any time thereafter, so long as the application has not been withdrawn.

(Ord. No. 1073, § 2, 7-17-13; Ord. No. 1092, § 5, 5-21-14)

Before submission of any applications for building permits, a site construction plan must be approved by the building official and the city engineer. Applicant shall apply for construction plan approval of required improvements (i.e., surface water runoff drainage, potable water, sanitary sewer, and reuse water). No such improvements shall be initiated until the construction plan has been approved by the building official and the city engineer. If applicant proceeds with permitting and construction pursuant to plans approved under this section before final plat approval, such activities shall be at the applicant's risk, and under no circumstances shall it create a basis for the applicant to make a claim for equitable estoppel against the city.

(a)

Filing fee. When filing the application for construction plan approval with the community development department, applicant shall submit the applicable non-refundable fee, payable to City of Satellite Beach.

(b)

Application period.

(1)

Application for construction plan approval shall occur within 12 months of site plan approval. Application for construction plan approval of subsequent phases, if any, shall occur within 12 months of issuance of a certification of completion of the previous phase. Applicant may not apply for construction plan approval for any portion of the approved site plan that is not to be constructed within the following 18 months.

(2)

Unless applicant has applied in writing to the community development department for an extension from the city council at least 90 days before expiration of the application period, failure to apply for construction plan approval within the application period shall require re-application for site plan approval. If the building official finds that applicant has demonstrated good cause for the extension, it may extend the application period for up to 12 months.

(c)

Staff review and approval. The building official shall distribute copies of the application and supporting data to the city engineer for review. For approval, the building official and city engineer must find that the proposed construction plan complies with the approved site plan and the design standards for surface water runoff drainage in subsection (f) of this section. The building official and city engineer may approve, conditionally approve, or deny the application. Upon approval, applicant may proceed with construction of the required improvements.

(d)

Appeal. Applicant may appeal the decision of the building official and the city engineer to the city council. Such appeal shall be filed with the building and zoning department within ten working days of the decision, and the appeal shall be placed on the agenda of the next available city council meeting.

(e)

Design standards for surface water runoff drainage.

(1)

Surface water runoff drainage. The following design standards shall be met:

a.

Curbing. All public streets shall have two-foot wide F.D.O.T. Modified Curb or Type AF @ Curb and Gutter per Index 304. Open ditches are not permitted.

b.

Minimum slope. The minimum slope shall be 0.28 feet per 100 feet.

c.

Maximum gutter run. The longest distance from a high point to an inlet shall be 400 feet. The maximum distance between inlets shall be 800 feet.

d.

Inlets. Inlets and drainage structures shall be per F.D.O.T. Standard Specifications for Road and Bridge Construction (latest edition).

e.

Pipe. All piping to be constructed shall be reinforced concrete pipe unless an alternate is approved by the city engineer. The minimum pipe size shall be 18 inches. Laying conditions and cover shall be in accordance with the manufacturer's requirements and F.D.O.T.

f.

Underdrains. Underdrains shall be a minimum six-inch ADS with filter fabric and shall be in a 24-inch by 24-inch trench of F.D.O.T. sand or three-quarter-inch washed #57 stone. The underdrain shall control the water table a minimum of 12 inches below the subgrade.

g.

Drainage east of SR A1A. All runoff east of SR A1A shall drain to SR A1A. No runoff shall discharge to the beach.

(Ord. No. 1275, § 2, 10-1-25)

(a)

Purpose. The purpose of this division is to establish procedures and standards for the subdivision of real property within the city to achieve the following:

(1)

Provide proper legal descriptions, installation of monuments, and recording of property boundaries;

(2)

Create orderly patterns of land development and avoid undesirable impacts of haphazard land subdivision;

(3)

Provide safe traffic control;

(4)

Encourage development of an economically stable community;

(5)

Develop adequate utilities;

(6)

Provide flood control and drainage facilities to prevent periodic flooding;

(7)

Protect the beach, the Indian River Lagoon, and other environmentally-sensitive lands;

(8)

Manage and protect water resources;

(9)

Provide public open-space for recreation;

(10)

Require development equipped with necessary and lasting improvements which are compatible with the topography and other site conditions;

(11)

Encourage aesthetic development; and

(12)

Protect privacy.

(b)

Applicability. Except for subdivisions with an unexpired preliminary plat which was approved before this chapter was enacted, this division shall apply to any subdivision of land, as that term is defined in F.S. ch. 177, which occurs in the city after this chapter was enacted, including any further subdivision of an existing subdivision.

(c)

Plat approval and recording as prerequisite to further activity. Until a final plat is properly approved and recorded, no building permit shall be issued; no city services for the impacted land shall be rendered; and no lot shall be sold from the subdivided land. In addition, no preliminary plat shall be relied upon to sell, transfer, or negotiate the sale or transfer of any land within the subdivision. Violation of this provision shall be punishable as provided in section 1-13 of the city code.

(d)

Adjustments from this chapter. After input from the planning and zoning advisory board, the city council may authorize adjustments from this chapter when it deems undue hardship may result from strict compliance. In granting any adjustment, the city council shall prescribe only conditions deemed necessary or desirable for the public interest. In making its findings, the council shall consider the nature of the existing and proposed land use in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision on traffic, public health and safety, and convenience in the subdivision and its vicinity.

(e)

Hold harmless requirement. Applicant shall furnish to the city a release from all liability and responsibility for development of land in the city, including indemnification for all damages caused directly or indirectly by the collapse or failure of any associated installations or structures.

(f)

Requirement for approval and recording of subdivision plats. Before a subdivision plat may be recorded in the public records of Brevard County, it must be approved by the city council and clearly display a written certification demonstrating such approval. If any unapproved plat is recorded, the city council shall request the clerk of the courts to strike it from the records.

(g)

Subdivision by joint owners of land. When it becomes evident that a subdivision is being created by the recording of a deed with a metes and bounds description, the city shall require all involved owners to jointly file a plat of the subdivision being created and conform to the applicable provisions of this chapter.

(h)

Classification of land divisions. All divisions of land within the city shall be classified as either a lot split or a subdivision.

(a)

Minimum size. All lots created by a lot split shall have the minimum square-footage required by this chapter. No lot split shall create a nonconforming lot.

(b)

Application. Application for a lot split shall be in a form prescribed by the building official.

(c)

Review and approval. The building official shall review all lot-split applications to ensure conformance with this chapter and the city's comprehensive plan. Upon determining that a proposed lot split so conforms, the building official shall approve the application.

(d)

Recording. Upon approval of the lot split, applicant shall record with the clerk of courts a plat containing the legal description of the created lots and any dedication of easements. If any unapproved plat is recorded, the city council shall request the clerk of courts to strike it from the records.

(a)

Purpose. The purpose of the preliminary plat is to provide an exact presentation of the proposed subdivision for evaluation pursuant to this article. The preliminary plat shall be approved before application for construction plan approval.

(b)

Preparation. The preliminary plat shall be prepared by a civil engineer or land surveyor licensed to practice in the State of Florida. It must be clearly and legibly drawn and reproduced with the required number of copies to be determined by the building official.

(c)

Filing fee. When filing the application for preliminary plat approval with the building and zoning department, applicant shall submit the applicable non-refundable fee, payable to City of Satellite Beach.

(d)

Content. Preliminary plats shall contain the following:

(1)

Name of subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the city.

(2)

North-arrow graphic scale and date of preparation. The city engineer shall approve the scale, but in no case shall such scale be smaller than one-inch-equals-200-feet.

(3)

Name, address, and telephone number of all persons having a legal or equitable interest in the land, and a statement from such persons that they will join in the dedication of the proposed subdivision.

(4)

Name, business address, and registration number of the engineer or surveyor responsible for the plat and supporting data.

(5)

If applicable, names of adjacent subdivisions and their owners of record, along with plat book and page references.

(6)

A contour map showing ground elevations at intervals of not more than one foot, based on the United States Coastal and Geodetic Survey datum, of the area to be subdivided and of a perimeter strip from 50 to 150 feet wide around the area as required by the city engineer.

(7)

Topographical conditions on the subdivision including all the existing watercourses, drainage ditches and bodies of water, marshes, and other significant natural or manmade features.

(8)

The name, alignment, established center-line elevations, and width of all existing and proposed streets, alleys, rights-of-way, or easements within 300 feet of the tract.

(9)

All existing and proposed property lines and the proposed layout of lots and blocks.

(10)

Utilities and easements such as telephone, electric, potable water, sanitary sewer, and gas within 20 feet of the tract. The preliminary plat shall contain a statement that all utilities are available and have been coordinated with all required utilities.

(11)

Sites proposed for parks, recreation areas, and schools.

(12)

If the property to be subdivided borders any surface waters, then applicant shall establish the mean-high-water line and delineate it on the plat. Applicant shall provide a plan for stabilizing the shoreline in compliance with the requirements of this chapter. The shoreline protection zone shall also be designated, together with plans for preserving native indigenous plant communities within the zone.

(13)

Permanent reference monuments shall be shown and subsequently installed at all block corners, all points of reverse or compound curvature, and all points of tangency.

(14)

Block perimeter returns at block corners or other block line intersections shall be stated in terms of tangent distances of five-foot intervals, with a minimum tangent distance of 20 feet.

(15)

A vicinity sketch at a scale no smaller than one-inch equals 2,000 feet, showing the location of the boundary lines and distance of the land proposed for subdivision in reference to other areas of the city. The section, township, range, and legal description of the site shall also be included.

(e)

Required supplemental information. The following information shall be submitted with the preliminary plat:

(1)

A master surface water runoff management plan.

(2)

A traffic impact analysis prepared by a traffic engineer and used to determine the number of lanes and capacity of the street system proposed or affected by the development and the phasing of improvements.

(3)

Open space and recreation facility improvements.

(4)

Required potable water and sanitary sewer improvements.

(5)

Erosion and sedimentation control measures.

(6)

If the proposed subdivision will be undertaken in phases, those phases and their order shall be indicated. Where phases of high elevations are undertaken before those of lower elevations, the ultimate surface water runoff management system in the lower phases must be concurrently developed.

(7)

All amenities shall be depicted on the preliminary plat identifying the phases, if any, in which the amenities will be constructed. No building permits for lot development shall be issued until the amenities are constructed in accordance with the construction plan, except that the city shall issue building permits if the developer submits a performance guarantee, as provided for in section 30-316, to insure all amenities will be constructed.

(f)

Review procedures.

(1)

Staff review. The building official shall coordinate the review of the preliminary plat for completeness and shall inform applicant whether it meets the requirements of this section. If deficiencies are found, applicant shall be notified of necessary revisions in writing as soon as practicable. If applicant chooses not to make the revisions, applicant may request that the preliminary plat be forwarded to the planning and zoning advisory board with staff comments, including documentation of unresolved issues. After the building official and city engineer have completed the staff review and written recommendations have been submitted to applicant, the preliminary plat shall be scheduled for the next steps in the review process.

(2)

Planning and zoning advisory board review. After receiving a staff recommendation, the preliminary plat shall be scheduled for review at the next available regular meeting of the planning and zoning advisory board. Before approval of any proposed subdivision, the board shall determine whether the subdivision complies with the provisions of this chapter and the comprehensive plan. The board shall consider the physical characteristics of the property, traffic impact, economic impact, appropriateness of the type and intensity of the proposed development, existing and future development and development patterns, relationship of the project to the city's capital improvements program, and other relevant factors. After completing its review, the board shall submit its recommendations to the city council.

(3)

City council review. After recommendations are obtained from the staff, the planning and zoning advisory board, and any other reviewing entity, the preliminary plat shall be scheduled for city council review. During its review, the city council shall consider the written recommendations as well as comments from the public. If the city council disapproves a preliminary plat, it shall state the reasons for disapproval and indicate what further actions, if any, applicant may take to secure approval. Any final action of the city council may be appealed within 30 days as provided by law.

(g)

Schedule of development phases. Applicant may schedule development phases within any proposed subdivision and shall specify such phases on the preliminary plat. Each phase shall be sized, designed, and scheduled so that it can exist independently as a subdivision in compliance with the requirements of this article. As provided in section 30-314, applicant may request final plat approval on any phase. Any change in the schedule of phases must receive prior approval by the city council.

After city council's approval of the preliminary plat, applicant may apply for construction plan approval of required improvements (i.e., streets, surface water runoff drainage, potable water, sanitary sewer, and reuse water). No such improvements shall be initiated until the construction plan has been approved by the building official and the city engineer. If applicant proceeds with permitting and construction pursuant to plans approved under this section before final plat approval, such activities shall be at the applicant's risk, and under no circumstances shall it create a basis for the applicant to make a claim for equitable estoppel against the city.

(a)

Filing fee. When filing the application for construction plan approval with the building and zoning department, applicant shall submit the applicable non-refundable fee, payable to City of Satellite Beach.

(b)

Application period.

(1)

Application for construction plan approval shall occur within 12 months of city council approval of the preliminary plat. Application for construction plan approval of subsequent phases, if any, shall occur within 12 months of issuance of a certification of completion of the previous phase. Applicant may not apply for construction plan approval for any portion of the approved preliminary plat that is not to be constructed within the following 18 months.

(2)

Unless applicant has applied in writing to the building and zoning department for an extension from the city council at least 90 days before expiration of the application period, failure to apply for construction plan approval within the application period shall require re-application for preliminary plat approval. If the city council finds that applicant has demonstrated good cause for the extension, it may extend the application period for up to 12 months.

(c)

Staff review and approval. The building official shall distribute copies of the application and supporting data to the city engineer for review. For approval, the building official and city engineer must find that the proposed construction plan complies with the approved preliminary plat and the design standards for streets and surface water runoff drainage in subsection (f) of this section. The building official and city engineer may approve, conditionally approve, or deny the application. Upon approval, applicant may proceed with construction of the required improvements.

(d)

Appeal. Applicant may appeal the decision of the building official and the city engineer to the city council. Such appeal shall be filed with the building and zoning department within ten working days of the decision, and the appeal shall be placed on the agenda of the next available city council meeting.

(e)

Design standards for streets and surface water runoff drainage.

(1)

Streets. Streets within the city shall be laid out to be compatible with existing improvements abutting the subdivision and shall meet the following specific design standards:

a.

Minimum right-of-way. All platted street rights-of-way shall be at least 50 feet wide, except platted street rights-of-way not dedicated to the city, in which case the platted street rights-of-way shall be at least 40 feet wide. Ownership, maintenance and any association governing documents regarding proposed private streets shall be submitted for review and approval by the city with the final plat. The final plat shall clearly dedicate the roads and their maintenance responsibility to the responsible person named on the final plat without recourse to the city or any other public agency.

b.

Subgrade. The stabilized subgrade shall be a minimum of eight inches thick and shall be compacted to 98 percent maximum density per AASHTO T-180, minimum LBR '40.

c.

Base. The base shall be constructed from limerock, cemented coquina, or soil cement. All material shall come from an F.D.O.T. approved facility. The material shall be compacted to 98 percent maximum density per AASHTO T-180, minimum LBR '100.

d.

Surface. The surface shall be 12-inch F.D.O.T. Type III Asphaltic Concrete Surface Course, 1,000 lb. Marshall Stability.

e.

Minimum street centerline grade. The minimum street centerline grade shall be one foot above the FEMA floodplain elevation or five feet above mean sea level, whichever is higher.

(2)

Surface water runoff drainage. The following design standards shall be met:

a.

Curbing. All public streets shall have two-foot wide F.D.O.T. Modified Curb or Type AF @ Curb and Gutter per Index 304. Open ditches are not permitted.

b.

Minimum slope. The minimum slope shall be 0.28 feet per 100 feet.

c.

Maximum gutter run. The longest distance from a high point to an inlet shall be 400 feet. The maximum distance between inlets shall be 800 feet.

d.

Inlets. Inlets and drainage structures shall be per F.D.O.T. Standard Specifications for Road and Bridge Construction (Latest Edition).

e.

Pipe. All piping to be constructed shall be Reinforced Concrete Pipe unless an alternate is approved by the city engineer. The minimum pipe size shall be 18 inches. Laying conditions and cover shall be in accordance with the manufacturer's requirements and F.D.O.T.

f.

Underdrains. Underdrains shall be a minimum six-inch ADS with filter fabric and shall be in a 24" × 24" trench of F.D.O.T. sand or ¾-inch washed #57 stone. The underdrain shall control the water table a minimum of 12 inches below the subgrade.

g.

Drainage east of SR A1A. All runoff east of SR A1A shall drain to SR A1A. No runoff shall discharge to the beach.

(Ord. No. 1258, § 1, 10-2-24)

Final plats shall comply with the approved preliminary plat and construction plan and the provisions of this article and F.S. ch. 177.

(a)

Application for approval. Application for approval of a final plat shall be filed with the building and zoning department. All required supplemental documentation shall accompany the final plat, as well as certified as-built construction drawings and the legal instruments demonstrating specific performance guarantees, if applicable.

(b)

Application period.

(1)

Application for final plat approval shall occur within 18 months of city council approval of the preliminary plat. In phased subdivisions, the deadline shall be established by the city council at the time of preliminary plat approval. Applicant may not apply for final plat approval for any portion of the approved preliminary plat that is not to be recorded and developed within the following 18 months.

(2)

Unless applicant has applied in writing to the building and zoning department for an extension from the city council at least 90 days before expiration of the preliminary plat, failure to apply for final plat approval within the application period shall require re-application for preliminary plat and construction plan approval. If the city council finds that applicant has demonstrated good cause for the extension, it may extend the application period for up to 18 months.

(c)

Fees. Applicant shall pay the following fees:

(1)

Filing fee. The non-refundable filing fee established by the city council, payable to City of Satellite Beach.

(2)

City's surveyor fee. All fees associated with the city's surveyor review, payable to City of Satellite Beach.

(3)

Recording fee. The recording fee established by the clerk of the courts, payable to Brevard County Clerk of the Courts.

(d)

Preparation. The final plat shall be prepared by a professional surveyor. It shall be clearly and legibly drawn with black permanent drawing ink and shall include ten copies and two reproducible mylars of the final plat. Each sheet shall contain a three-by-five inch space in the upper right corner for use by the clerk of the courts, a three-inch margin on the left side, and a half-inch margin on all remaining sides.

(e)

Content. In addition to the requirements in F.S. § 177.091, final plats shall contain the following:

(1)

Name of subdivision, printed in bold legible letters across the top of the sheet. The name shall not duplicate or closely approximate the name of any other subdivision in the city, except that if the plan is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision.

(2)

Survey data. Sufficient survey data shall be shown to describe the boundary of each lot, block, right-of-way, easement, building line, and all other areas shown on the plat. The survey data shall also include:

a.

All intersecting street right-of-way lines shall be joined by the long chord of minimum radius of 25 feet and all dimensions shall be shown.

b.

The map shall mathematically close within 0.01 foot and shall be accurately tied by distance and bearing to all township, range, and section lines within the subdivision.

c.

The point of beginning shall be shown with the letters "POB" in bold letters. The POB shall be accurately tied by distance and bearing to the nearest quarter-section corner of section or government corner.

d.

The first page of the plat shall contain a vicinity sketch showing the subdivision's location in reference to contiguous areas.

(3)

Lot and block identification. All lots in the subdivision shall be progressively numbered in each block in a clockwise direction starting at the northwest corner of each block. Blocks shall be consecutively lettered throughout a subdivision in a clockwise direction starting at the northwest corner of the subdivision.

(4)

Excluded lots. Lots not included within the subdivision shall be marked "not part of this plat." Where such a lot is completely surrounded by areas within the subdivision, sufficient easements or rights-of-way shall be provided for access, utilities, and drainage for the excluded lot. No lot shall be excluded unless it is sufficiently large to be of some use, which shall be noted on the first page.

(5)

Street names. The name of each street on the plat shall be shown. All street names must be approved by Brevard County's address assignment office.

(6)

Private streets. Private streets shall be allowed within a subdivision owned by a single individual, a property owners' association, or a condominium or cooperative association as defined by Florida law. Ownership and maintenance documents for private streets shall be submitted with the final plat, which shall clearly dedicate the roads and their maintenance responsibility to the owning entity without recourse to the city or any other public agency.

(7)

Existing streets. The plat shall show the name, location, and width of all existing streets intersecting or contiguous to the plat boundary, accurately tied by distance and bearing to the plat boundary.

(8)

Rights-of-way and easements. All right-of-way and easement dimensions shall be shown. The plat shall contain a statement that no construction of any kind shall be placed on rights-of-way or easements.

(9)

Dedications. All areas reserved for use by subdivision residents and all areas reserved for public use, such as utility or drainage easements, parks, and rights-of-way for roads, streets and alleys, shall be dedicated by the owner of the land at the time the plat is recorded. The purpose of all reserved areas shall be stated on the plat.

(10)

Restrictive covenants. Restrictive covenants, which shall be noted on the plat, shall be required for restrictions pertaining to the following: type and use of potable water supply and sanitary sewer facilities, use of water areas and other open spaces, odd-shaped and substandard lots, building lines, establishment and maintenance of buffer strips and walls, and other restrictions of similar nature. Documents pertaining to restrictive covenants shall be submitted with the final plat.

(11)

Approvals and certifications. The first page of the plat shall contain the following approvals and certifications, notarized as required by Florida law:

a.

Mortgagee. The mortgagee's approval and joinder of the plat and all dedications, shall be required. Mortgagee's signature(s) must be witnessed and notarized.

b.

Applicant's surveyor. The plat shall contain the signature, registration number, and official seal of the land surveyor, certifying the following:

1.

The plat is a correct representation of the land surveyed under his/her supervision.

2.

The survey data on the plat complies with the requirements of this article and F.S. ch. 177.

3.

Permanent reference monuments have been set in compliance with the requirements of this article and F.S. ch. 177.

4.

Permanent control points have been set in compliance with the requirements of this article and F.S. ch. 177.

c.

City's surveyor. The plat shall contain an approval and signature block for the city's surveyor.

d.

Mayor and city clerk. The plat shall contain an approval and signature block for the mayor and an acknowledgment and signature block for the city clerk. Following city council approval of the final plat, the mayor shall sign the plat, and the city clerk shall sign and forward the plat to the clerk of the courts for recording.

e.

City attorney. The plat shall contain a signature block for the city attorney indicating that the plat and all supplemental documentation, including performance guarantees, have been reviewed and approved as to legal form and content.

f.

Title certification. The first page of the plat shall contain a certification that the lands on the plat are in the name(s) of the person(s) or organization executing the dedication and that all taxes have been paid on said lands as required by Florida law. It shall also show all mortgages on the land and their official record book and page number. The title certification must be either an opinion of an attorney licensed in the State of Florida or the certification of an abstractor or title insurance company licensed in the State of Florida.

(f)

Required supplemental documentation. The following shall be submitted with the final plat:

(1)

The developer's statement indicating whether the required improvements are to be constructed before recording the final plat or after recording under performance guarantees as provided in section 30-315.

(2)

A copy of the homeowners' association or condominium documents, if applicable. Such documents shall indicate the maintenance responsibility for the required improvements, to include responsibility if the association is dissolved.

(3)

Any other material required by the city when access, drainage, or utilities are not available through platted rights-of-way or easements.

(g)

Review procedures.

(1)

Staff review. The building official, city engineer, city attorney, and the city's surveyor shall examine the final plat for compliance with the requirements of this article and F.S. ch. 177, and shall provide applicant with a written report of their findings and recommendations. If any deficiency exists, reference shall be made to the specific provision(s) in the city code or state statute with which the final plat does not comply, and applicant shall correct all deficiencies. If no deficiencies are found, the staff shall recommend approval to the city council.

(2)

City council review. Following the city council's approval of the required improvements or the performance guarantee, the mayor shall sign the final plat, certifying that the development has met the requirements of this article and F.S. ch. 177. If the city council disapproves a final plat, it shall state the reasons for disapproval and indicate what further actions, if any, applicant may undertake to secure approval. No revisions to the final plat shall be allowed after it has received city council approval.

(h)

Final plat recording. After the final plat has been certified, the city clerk shall submit the final plat to the clerk of the courts for recording and shall provide copies to the building official and city engineer.

When applicant desires to construct required improvements after recording the final plat, applicant shall provide the city with a performance guarantee in the amount of 110 percent of the required improvements' construction cost (based on engineer's estimate or contract bid prices) to ensure that such improvements will be completed in the event of applicant's default. All guarantee documents shall be subject to approval of the city attorney and city council.

(a)

Form of guarantee. The performance guarantee shall be in one of the following forms, unless an alternate irrevocable form is approved.

(1)

Cash. Applicant may deposit cash with the city or place cash in an escrow account subject to the city's control. Applicant shall be entitled to receive all interest earned on such deposit or account.

(2)

Personal bond with letter of credit. Applicant may give the city a personal bond secured by an unconditional, irrevocable letter of credit issued by a State of Florida or federal bank in a form approved by the city attorney. Such letter shall have an expiration date at least three months after the date of the certificate of completion.

(3)

Surety bond. Applicant may give the city a surety bond from a company having an A or greater Best rating, guaranteeing that within the time required by this article, all required improvements will be completed in compliance with the preliminary plat and construction plan.

(b)

Release from guarantee. As a condition for applicant's final release from his/her performance guarantee, applicant shall provide all of the following:

(1)

Statements from applicant's engineer and the city engineer that all work has been completed in compliance with the approved preliminary plat and construction plan.

(2)

Evidence by reference to plat book and page that the approved final plat has been filed.

(3)

Submission by applicant's engineer of a complete set of as-built drawings, together with operating manuals and parts' lists for any mechanical installations.

(4)

A statement from applicant's surveyor verifying completion of all required survey work and installation of all required permanent reference monuments, permanent control points, and lot corners.

(5)

A release of lien from the contractor, engineer, surveyor, or other person(s) providing any labor or material for the subdivision, stating that they will not file a lien on the subdivision for nonpayment of charges.

(Ord. No. 972, § 5, 8-15-07)

All required improvements shall be completed within 18 months from the date of approval of the construction plan(s). If more time is needed, applicant must apply in writing to the building and zoning department for an extension from the city council at least 90 days before expiration of the construction period. If the city council finds that applicant has demonstrated good cause for the extension, it may extend the construction period for up to 18 months.

(a)

When plat has been recorded. When a plat has been recorded and applicant fails to complete the required improvements within the required time including approved extensions, the city council shall authorize completion of the required improvements under the performance guarantees provided by applicant after 60 days' written notice to applicant. Notice shall be deemed to be duly served upon posting via certified mail, return receipt requested. Upon completion of construction of the required improvements, the city council shall accept by resolution the subdivision, the dedications on the plat, the required improvements and, when applicable, maintenance responsibility for said improvements. The remaining guarantees posted by applicant shall be retained for two years after completion.

(b)

When plat has not been recorded. Where an applicant has elected to construct the required improvements before recording the plat and fails to complete the improvements within the required time including approved extensions, all approvals of the preliminary plat and construction plan(s) shall be null and void, and the land shall revert to its original state. No reference shall be made to the preliminary plat with respect to the sale of lots until the preliminary plat and construction plan(s) have been resubmitted and approved.

Applicant's engineer shall provide the city engineer with a copy of each construction plan for comparison with the actual finished work; a copy of the measurements, tests, and reports made on the work and material during construction; and a signed and sealed certificate of completion stating that the required improvements were constructed under his/her supervision and have been completed in conformance with the approved plat and construction plan(s) and the provisions of this article and all other applicable codes. Required improvements shall not be considered complete until the certificate of completion and all final project records, including as-built drawings, have been approved by the city engineer.

(Ord. No. 972, § 6, 8-15-07)

Applicant shall execute an agreement guaranteeing the required improvements against defect in workmanship and materials for one year after acceptance of the improvements by the city council. Said agreement shall be submitted to the city engineer along with the certificate of completion and all final project records.

After approving the certificate of completion from applicant's engineer and after receiving all contractors' affidavits acknowledging payment in full for their labor and materials, the workmanship and materials agreement, and the city engineer's recommendation of approval, the building official shall recommend to the city council the acceptance of the subdivision, the dedications on the plat, the required improvements and, when applicable, maintenance responsibilities for said improvements. Such acceptance shall be approved only upon adoption of a resolution by the city council. Required bonds will be reverted to maintenance bonds in the amount of ten percent of the cost of the improvements for two years to guarantee performance of accepted improvements.

It is the intent of this division to establish a uniform procedure for applications to the city for the vacation, abandonment, and discontinuation of city streets, alleys, canals, easements, and other non-fee interests of the city and/or the public, and to provide procedures and standards governing the processing and consideration of such requests. The process and act of vacating, abandoning, or discontinuing the city's and public's rights in a public street, alley, canal, easement, or other non-fee interest of the city is quasi-judicial.

(Ord. No. 1081, § 1, 12-4-13)

The city council may upon its own motion, or upon the written request of any agency of the state, county, or federal government, or upon the written request of any person owning property abutting any public street, alley, canal, easement, or other non-fee interest of the city, cause any such public street, alley, canal, easement, or other non-fee interest of the city to be vacated, abandoned, or discontinued.

(Ord. No. 1081, § 1, 12-4-13)

(a)

Applications to vacate a platted public utility and drainage easement pursuant to this section may be filed by the owner(s) of record, or their representatives, for public utility and drainage easements located in the rear yard of residential property only where an encroachment of such easement(s) exists for permanent in-ground swimming pools and/or pool-related permanent improvements, which shall mean swimming pool decks, with or without a screened enclosure, concrete pads, decks or patios. This section shall apply only to the listed encroachments in existence on the effective date of the ordinance from which this section is derived.

(1)

Existing encroachment(s) is/are permanent by nature, i.e., swimming pools, swimming pool decks with or without screened enclosure, concrete pads, decks or patios.

(b)

All applications to vacate an easement authorized by this section shall be in writing on a form provided by the city, and shall include the following information:

(1)

Name(s) and address(es) of applicant(s);

(2)

Copy(ies) of deed(s) to the property(ies) containing and abutting the proposed vacation, abandonment, or discontinuation, or such other evidence of title acceptable to the city;

(3)

A list of the name(s) and address(es) of all persons owning property along the easement sought to be vacated, abandoned, or discontinued;

(4)

A survey and legal description of the easement, or portion thereof, sought to be vacated, abandoned, or discontinued;

(5)

A survey of any existing structures, buildings, fences, and similar items, or engineering plans describing a proposed development, which provides the rationale and justification to support the application, if applicable;

(6)

A written statement setting forth the reason(s) to support the requested vacation, abandonment, or discontinuation;

(7)

Letters from the local utility providers approving of the request;

(8)

Any other information required by the city based upon the nature of the requested vacation, abandonment, or discontinuation.

(c)

Each application shall be accompanied by any required filing fee. The amount of the filing fee shall be based upon the actual cost:

(1)

To provide all notices required by law;

(2)

Of staff time to process the application; and

(3)

To record any adopted ordinance in the public records.

(d)

The city shall accept only complete applications for review and processing. All applicable timelines shall commence when the city receives a complete application. Whether an application is complete will be determined by the city manager or his/her designee.

(e)

Each application shall be reviewed by city staff, including the city manager or designee, who shall submit recommendations to city council. Applications to vacate platted public utility and drainage easements pursuant to this section are not required to be reviewed by the planning advisory board for recommendations to city council. The encroachment or proposed encroachment shall be consistent with the current (prescribed) and/or future use of the easement. Consistent with the easement shall mean for the purpose of this section that the encroachment is removable and does not unreasonably obstruct or interfere with the easement. Nothing herein shall require city council to grant the request to vacate.

(f)

By ordinance, city council may authorize the vacation, abandonment, or discontinuation of a platted public utility and drainage easement pursuant to this section. The city shall record the adopted ordinance in the public records of Brevard County, Florida, at which time the vacation, abandonment, or discontinuation of the platted public utility and drainage easement, or portion thereof, shall become effective. However, if city council conditions the effective date of any ordinance, it shall be the sole responsibility of the applicant(s) to meet such conditions and pay any costs associated therewith. Any conditionally adopted ordinance shall not be recorded by the city until the applicant(s) provide(s) the city evidence such conditions are met.

(Ord. No. 1184, § 1, 6-3-20)

Editor's note— Ord. No. 1184, §§ 1, 2, added a new § 30-333, renumbering former §§ 30-333—30-336 as 30-334—30-337. The historical notation remains with the renumbered provisions.

(a)

Applications may be filed by the owners of record of property, or their representatives, abutting any right-of-way or easement, or portion thereof, sought to be vacated. All applications for vacating, abandoning, or discontinuing any public street, alley, canal, easement, or other non-fee interest of the city shall be in writing on a form provided by the city, and shall include the following information:

(1)

Name(s) and address(es) of applicant(s);

(2)

Copy(ies) of deed(s) to the property(ies) containing or abutting the proposed vacation, abandonment, or discontinuation, or such other evidence of title acceptable to the city;

(3)

A list of the name(s) and address(es) of all persons owning property along the public street, alley, canal, easement, or other non-fee interest of the city sought to be vacated, abandoned, or discontinued;

(4)

A survey and legal description of the public street, alley, canal, easement, or other non-fee interest of the city, or portion thereof, sought to be vacated, abandoned, or discontinued;

(5)

A survey of any existing structures, buildings, fences, and similar items, or engineering plans describing a proposed development, which provides the rationale and justification to support the application, if applicable;

(6)

A written statement setting forth the reason(s) to support the requested vacation, abandonment, or discontinuation;

(7)

Letters from the local utility providers approving of the request;

(8)

Any other information required by the city based upon the nature of the requested vacation, abandonment, or discontinuation.

(b)

All property owners abutting the public street, alley, canal, easement, or other non-fee interest of the city, or portion thereof, sought to be vacated, abandoned, or discontinued who agree or consent thereto must join and sign such application or execute a consent form. If any abutting property owners object to the application, the application shall disclose the name(s) and address(es) of those property owners.

(c)

Each application shall be accompanied by any required filing fee. The amount of the filing fee shall be based upon the actual cost to provide all notices contained in section 30-335 and staff time to process the application and record any adopted ordinance in the public records.

(d)

The city shall accept only complete applications for review and processing. All applicable timelines shall commence when the city receives a complete application. Whether an application is complete will be determined by the city manager or his/her designee.

(e)

If the city is the applicant for the proposed vacation, abandonment, or discontinuation, the city must determine the owners abutting the public street, alley, canal, easement, or other non-fee interest of the city prior to undertaking any action and must comply with the notice requirements contained in section 30-335.

(Ord. No. 1081, § 1, 12-4-13; Ord. No. 1184, § 2, 6-3-20)

Editor's note— See the editor's note to § 30-333.

(a)

Each application shall be reviewed by city staff for completeness, at which time the application shall be distributed to each department that may be affected by the proposed vacation, abandonment, or discontinuation, as well as all utilities. Replies from each department shall be provided with the respective recommendation or objection within 15 business days. Any objection shall state the basis for such objection. Upon expiration of the 15th business day after the completeness review reply period, the city manager, or his/her designee, shall provide his/her recommendation regarding the proposed vacation, abandonment, or discontinuation to the planning and zoning advisory board and city council, and proposed dates for consideration of the application by the planning and zoning advisory board and city council shall be established.

(b)

All applications shall be reviewed to ensure that no property owners are denied access to their property as a result of any proposed vacation and that no utilities are denied access to their infrastructure.

(c)

The following additional criteria shall be considered for any application seeking a vacation, abandonment, or discontinuation of property located within the city's community redevelopment district:

(1)

Whether the city can identify any future use for the public street, alley, canal, easement, or other non-fee interest of the city, or portion thereof, including but not limited to public access, conservation, infrastructure, stormwater, and/or utilities;

(2)

Whether the city has agreed to a public/private partnership for the development of infrastructure or stormwater that requires approval of the request;

(3)

Whether the request facilitates a redevelopment project that is consistent with the city's community redevelopment plan and the city's comprehensive plan; and

(4)

Whether the request provides for one or more of the following:

a.

Creation of safer transportation/pedestrian interfacing along the commercial corridors.

b.

Creation of a lot, parcel, or development site that is more conforming to the city's land development regulations.

(d)

The following additional criteria shall be considered for any application seeking a vacation, abandonment, or discontinuation of property which is located east of A1A or which abuts any canal:

(1)

If the public street, alley, easement, or other non-fee interest of the city provides access to the beach, no application shall be granted unless the applicant(s) offer(s) comparable land(s) for a similar public street, alley, easement, or other non-fee interest of the city in the same general location of the requested action.

(2)

The application is consistent with then-existing Policy 1.1.7 of the coastal management/conservation element of the city's comprehensive plan.

(3)

The applicant(s) can establish that the property sought to be vacated does not violate any of the following city objectives:

a.

Visual access to the waterfront for all citizens;

b.

Conservation and dune protection; and/or

c.

Reservation for future infrastructure, stormwater, public access, or utility usage.

(Ord. No. 1081, § 1, 12-4-13; Ord. No. 1184, § 2, 6-3-20)

Editor's note— See the editor's note to § 30-333.

(a)

All requests shall comply with the following requirements:

(1)

At least ten business days prior to the planning and zoning advisory board meeting at which a proposed ordinance will be considered to vacate, abandon, or discontinue any public street, alley, canal, easement, or other non-fee interest of the city, the city shall mail a courtesy notice to all property owners within 500 feet of the requested vacation, abandonment, or discontinuation advising of the date and time the planning and zoning advisory board will consider such matter and the tentative date and time city council will consider such matter. The notice shall be mailed by certified mail, return receipt requested, to each property owner at his/her last known address as displayed on the Brevard County Property Appraiser's website at the time of submission of the application. The mailing of a notice to an erroneous address provided by the property appraiser or the failure to receive any notice mailed by the city in accordance with this paragraph shall not invalidate any proceedings under this division.

(2)

As required by F.S. § 177.101(3), (4), and (5), the city shall provide a legal notice published in two weekly issues of a newspaper of general circulation prior to the second reading of the ordinance. In addition, the city shall provide a legal notice published in said newspaper no later than ten days before the planning and zoning advisory board meeting. Publication of the notice prescribed by F.S. § 166.041, for adoption of ordinances generally shall specifically include in the ordinance title a general description of the public street, alley, canal, easement, or other non-fee interest of the city, or portion thereof, to be vacated, abandoned, or discontinued.

(Ord. No. 1081, § 1, 12-4-13; Ord. No. 1184, § 2, 6-3-20)

Editor's note— See the editor's note to § 30-333.

By ordinance, city council may authorize the vacation, abandonment, or discontinuation of any public street, alley, canal, easement, or other non-fee interest of the city. The city shall record the ordinance in the public records of Brevard County, Florida, at which time the vacation, abandonment, or discontinuation of the public street, alley, canal, easement, or other non-fee interest of the city, or portion thereof, shall become effective. However, if city council conditions the effective date of any ordinance, meeting such conditions shall be the sole responsibility of the applicant(s) and the ordinance shall not be recorded until such conditions are met.

(Ord. No. 1081, § 1, 12-4-13; Ord. No. 1184, § 2, 6-3-20)

Editor's note— See the editor's note to § 30-333.