Section 98-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

alley means a minor roadway which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

Applicant means the record owner, or his authorized representative, of a tract of land that is to be used as a subdivision within the scope of this chapter.

bikeway means an area which is restricted to pedestrian and bicycle traffic.

block means a lot or group of lots entirely and immediately surrounded by streets or highways, railroad rights-of-way, watercourses, subdivision boundaries, or any combination thereof.

Board means the planning and zoning board of the city.

bridge means a structure erected over a depression or an obstacle, as over a river, canal or street, and carrying a roadway for passenger or vehicle traffic.

Building line means the effective building line as defined by the setback provisions of the planning and zoning board.

bulkhead means a retaining wall or structure designed to prevent the erosion of land by water action.

bulkhead line means an artificial line established in or along a river, watercourse or body of water designating the maximum distance or limit that land filling will be permitted.

canal means an artificial watercourse, trench or ditch in the earth for confining water to a defined channel.

certificate of acceptance means that certificate issued by the city engineer subsequent to final inspection that all improvements have been completed in conformity with the requirements of this chapter and the approved construction plans and specifications.

certificate of ownership means an opinion of title of a licensed attorney or title company certifying to the city, based upon an examination of an abstract of title or the official records of the city, stating that the applicant is the owner in fee simple to the tract submitted for subdivision. The certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to the tract, if any.

comprehensive plan means a plan, which may consist of several maps, data and other descriptive matter, for the physical development of the city or any portion thereof, including any amendments, extensions or additions thereto adopted by the city council, indicating the general locations for major roads, parks or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.

construction permit means the permit to begin construction of improvements according to the construction plans and specifications approved under this chapter.

construction plans and specifications means the engineering drawings, specifications, tests and data necessary to show construction of the proposed improvements in a subdivision.

cul-de-sac means a street having one open end and being permanently terminated by a vehicular turnaround.

dedication means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

DEP means the florida department of environmental protection or its successor departments/agencies.

development plan means a plan indicating the design of a subdivision in compliance with the requirements of this chapter.

development stage means a specified portion of a subdivision that may be developed as an independent entity that is delineated in the preliminary plat or development plan, whichever is applicable.

dot means the Florida Department of Transportation.

drainage district means the St. Johns River Water Management District.

Easement means a right-of-way granted for limited use of private property for a public or quasipublic purpose.

finger means a manmade portion of land nearly surrounded by water, consisting of a roadway ending in a cul-de-sac and lots on both sides of the road; the lots abut the roadway and the water.

hardship means an unnecessary inability to use the applicant's land in accordance with zoning ordinances and laws or land use ordinances which exists due to conditions or circumstances peculiar to the applicant's land and does not result from the actions of the applicant.

lot means a tract or parcel of land identified as a single unit in a subdivision.

lot depth means a distance measured in the mean direction of the sidelines of the lot from the midpoint of the front lot line to the midpoint of the opposite main rear line on the lot.

lot width means the mean horizontal distance between the sidelines measured at right angles to the depth.

Mosquito control means the director of the Brevard County Mosquito Control District.

n.g.v.d. of 1929 means the National Geodetic Vertical Datum of 1929.

P.C.P. means a permanent control point as defined in F.S. ch. 177.

Plat means a map or delineated representation of the subdivision of a tract, being a complete, exact representation of the subdivision and other information in compliance with all applicable sections of this chapter or any other applicable policy, regulation, ordinance or law.

Prime aquifer recharge areas means all land areas from which the infiltration of water naturally recharges a fresh water aquifer in the city.

P.R.M. means a permanent reference monument as defined in F.S. ch. 177.

protective covenants means an agreement which restricts the use of private property.

public improvements means those improvements required to be dedicated to the city for use by the public, including but not limited to streets, sidewalks, drainage, preservation areas and other easements and rights-of-way, street signs and signals or water and sewer facilities as defined in this chapter or any other applicable city policy, regulation, ordinance, or law.

required improvement means an item of construction required under this chapter in order to improve a tract of land.

Retainer wall. See the definition of "bulkhead."

right-of-way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose.

sight distance means the minimum extent of an unobstructed forward vision (in a horizontal plane) along a street from a vehicle located at any given point on a street.

sketch plan means an informal plan indicating the salient existing features of the site and its surroundings as described in section 98-41 et seq. and the general layout of a proposed subdivision.

Street means a public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, boulevard, lane, place or however designated.

(1) Arterial streets and highways means those which are used primarily for through traffic.

(2) collector or feeder streets means those which carry traffic from minor streets to the major system of arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

(3) Marginal access streets means minor streets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from traffic.

(4) Minor streets mean those which are used primarily for access to abutting property.

(5) Expressways means streets or highways intended for fast and heavy traffic traveling a considerable distance on which points of ingress or egress and crossings are controlled, limited or separated.

(6) Half street means a street generally parallel and adjacent to the boundary of a tract, having a lesser right-of-way width than required for a full width of the type involved.

Subdivider means the record owner, or designated representative, of a tract of land who undertakes the activities covered by this chapter, particularly the drawing up of a subdivision plat showing the layout of the land and the public improvements involved therein. Inasmuch as the subdivision plat is merely a necessary means to the end of ensuring a satisfactory development, the term "subdivider" is intended to include the term "developer," even though the persons involved in successive stages of the project may vary.

subdivision means the division of a tract of land into two or more lots or parcels for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a tract of land. The term "subdivision" includes resubdivision and replatting, and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided.

Submit means the act of delivering by hand, mail or other means.

Tract means the total actual parcel of land that is being divided into a subdivision.

tree means any self-supporting perennial plant which has a trunk diameter of at least six inches measured one foot above the ground at the base of the tree and which normally grows to a minimal height of at least 25 feet during its lifetime.

Unit means the lesser lot or parcel that results from the division of a tract.

uscoe means the United States Army Corps of Engineers.

utilities means water, sewage, drainage, electric light and power, telephone and gas lines.

Watercourse means a stream of water flowing in a definite course, provided continued flow is unnecessary if the stream has substantial existence.

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