(A) (1) For the purpose of these regulations, certain numbers, abbreviations, terms and words herein shall be used, interpreted and defined as set forth in this section.
(2) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means “in these regulations;” the word “regulations” means “these regulations.”
(3) A “person” includes a corporation, a partnership, and an incorporated association of persons such as a club; “shall” is always mandatory; a “building” includes a “structure;” a “building” or “structure” includes any part thereof; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
ALLEY. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
(2)
APPLICANT. The owner of land proposed to be subdivided or his/her representative. Consent shall be required from the legal owner of the premises.
(3)
ARTERIAL ROAD. A road or street that is designed or functions to move larger volumes of traffic over relatively long distances. A road identified as an arterial on the adopted future traffic circulation map in the Comprehensive Plan.
(4)
BENCHMARK. A relatively permanent object as described in Section 61G17-6.002(1), Florida Administrative Code.
(5)
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
(6)
BOND. Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City Attorney and City Engineer.
(7)
CERTIFICATE OF COMPLETION (SUBDIVISION). A certificate issued by the City Engineer subsequent to final inspection certifying that all improvements have been completed in conformity with the requirements of this subchapter, the approved construction plans and specifications.
(8)
CERTIFICATE OF OCCUPANCY (CO). A written permission to occupy a structure granted by the Chief Building Official.
(9) CERTIFIED SURVEY. A survey, sketch, plan, map or other exhibit which is said to be certified when a written statement regarding its accuracy or conformity to specified standards is signed and sealed by a registered surveyor licensed by the State of Florida.
(10) COLLECTOR ROAD. A road or street that is designed or functions to collect traffic from local neighborhood roads and transmit them to arterial roads. A road identified as a collector on the adopted future traffic circulation map in the Comprehensive Plan.
(11) COMPREHENSIVE PLAN. The future land use map series, future land use element and other elements of the City Palm Bay Comprehensive Plan adopted October 6, 1988, by the City Council and as amended which establishes goals, objectives, policies and criteria relating to the use of land, the provision of supporting services and the protection of natural resources and the environment.
(12) CONCEPT PLAN. A sketch preparatory to the preparation of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the city as to the form of the plat and the objectives of these regulations.
(13) CONSTRUCTION PERMIT. The permit to begin construction of improvements according to the construction plans and specifications approved under this chapter.
(14) CONSTRUCTION PLANS. The engineering drawings, specifications, tests and data necessary to show construction of the proposed improvements in a subdivision.
(15) CUL-DE-SAC. A street with an intersection on one end and a closed turning area on the other.
(16) DRAINAGE. Swales, ditches, storm sewers, seepage basin, culverts, side drains, retention or detention basins, streets, cross drains, canals and other facilities used to manage stormwater.
(17) EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, such as public or private utilities, drainage, sanitation, ingress or egress or other public or private uses, of any designated part of his/her property.
(18) ESCROW. A deed, a bond, money or a piece of property delivered to a third person to be delivered by him/her to the grantee only upon fulfillment of a condition.
(19) FINAL PLAT. The final map of all or a portion of a subdivision which is presented for final approval.
(20) GRADE. The slope of a road, street, drainage swale or other public way, specified in percentage terms.
(21) HIGHWAY, LIMITED ACCESS. A freeway, or expressway, providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
(22) LOCAL STREET. Any street or road not designated as a collector, arterial or limited access street in the Comprehensive Plan. The primary function of a local street is to serve the adjacent property by providing the initial access to the roadway network. All local streets are minor streets.
(23) LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
(24) LOT CORNER. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 120 degrees.
(25) METES AND BOUNDS. A land description method that details all the boundary lines of land, together with their terminal points and angles.
(26) MINOR SUBDIVISION. The division of a parcel of land, whether improved or unimproved, into ten (10) or less contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership. However, the division of land into parcels of more than five (5) acres which all have minimum street frontage and do not involve any change in street lines or public easements of whatsoever kind may be deemed not to be a minor subdivision within the meaning of this chapter. The term includes a re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.
(27) N.A.V.D. 88. The North American Vertical Datum of 1988.
(28) N.G.V.D. 29. The National Geodetic Vertical Datum of 1929.
(29) P.C.P. A permanent control point as defined in F.S. Ch. 177.
(30) PEDESTRIAN WAY (PEDWAY). A transportation facility designed for use by pedestrians which may also be used by other forms of nonmotorized transportation.
(31) PRELIMINARY SUBDIVISION PLAT. A map indicating the proposed layout of a development and related information that is submitted for preliminary approval.
(32) P.R.M. A permanent reference monument as defined in F.S. Ch. 177.
(33) PUBLIC IMPROVEMENTS. Those improvements required for use by the general public, including but not limited to streets, sidewalks, drainage, preservation areas and other easements and rights-of-way, street signs or water and sewer facilities.
(34) REGISTERED ENGINEER. An engineer properly licensed and registered in the State of Florida.
(35) REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the State of Florida.
(36) RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
(37) RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of- way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
(38) SUBDIVIDER. The owner of record or his/her authorized representative of a tract of land that is to be used as a subdivision within the scope of this subchapter.
(39) SUBDIVISION. The division of a parcel of land, whether improved or unimproved, into eleven (11) or more contiguous lots or parcels of land, designated by reference to the number or symbol of
the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership. However, the division of land into parcels of more than five (5) acres which all have minimum street frontage and do not involve any change in street lines or public easements of whatsoever kind may be deemed not to be a subdivision within the meaning of this chapter. The term includes a re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.
(40) TOPOGRAPHICAL MAP/SURVEY. A map/survey that represents the physical features of an area. Refer to Section 61G17-6.002(m), F.A.C.
(41) TRACT. The total actual parcel of land that is being divided into a subdivision. TRACT may also refer to a smaller parcel of land platted for other purposes than a residential building lot; including but not limited to; retention areas, landscape and/or recreational areas.
(42) UNDUE HARDSHIP. A hardship which exists due to conditions or circumstances peculiar to the applicant's land and does not result from the actions of the applicant.
(Ord. 96-05, passed 2-15-96; Am. Ord. 2000-64, passed 12-21-00; Am. Ord. 2014-52, passed 11-6-14; Am. Ord. 2016-32, passed 5-19-16; Am. Ord. 2016-55, passed 8-16-16; Am. Ord. 2017-50, passed 7-20-17)