This article shall be cited as the "Subdivision Ordinance of the City of Apalachicola, Florida."

(LDC, art. XIV, § 1.1; Ord. No. 89-5, art. I, 6-6-1989; Ord. No. 91-8, art. I, 12-3-1991)

(a)

This ordinance is adopted pursuant to the authority vested in the cities by F.S. chs. 163, 166, and 177. This article shall apply to all areas within the city limits.

(b)

No subdivision of land within the boundaries of the city shall occur except in conformance with the provisions of this subdivision article. Development subject to the provisions of this article shall be permitted and certificates of occupancy shall be issued only when the requirements of these regulations have been met.

(LDC, art. XIV, § 1.2; Ord. No. 89-5, art. I, 6-6-1989; Ord. No. 91-8, art. I, 12-3-1991)

The purpose of this article is to provide regulations and standards to guide land subdivision and development in the city. This guidance is intended to protect the natural resources of the Apalachicola Bay Area and to promote orderly development by ensuring that adequate provisions be made for lot and block improvements, roads, water and sewer, utilities, stormwater management, erosion control, and flood damage prevention.

(LDC, art. XIV, § 1.3; Ord. No. 89-5, art. I, 6-6-1989; Ord. No. 91-8, art. I, 12-3-1991)

The subdivision of land and the subsequent development of the subdivided plat within the city shall be consistent with the city comprehensive plan.

(LDC, art. XIV, § 1.4; Ord. No. 89-5, art. I, 6-6-1989; Ord. No. 91-8, art. I, 12-3-1991)

The provisions of this article shall be administered jointly by the city planner and city engineer, each taking responsibility for processing and reviewing materials as set forth herein. All decisions by the city building official, city engineer, or planning and zoning board may be appealed to the city commission by any aggrieved party. Appeals shall be submitted in writing to the city building official no later than 30 days after the day the decision was rendered. The building official shall schedule the appeal for the city commission's consideration at the next available meeting.

(LDC, art. XIV, § 1.5)

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

General. Terms not defined below shall have the same meaning as given in the city zoning ordinance. The following terms or words, whenever used or referred to herein, shall have the following meaning:

Easement means any strip of land created by a subdivider for public or private utilities, stormwater management, sanitation, or other specified uses having limitations, the titles to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Lot means a parcel of land of a recorded subdivision, intended as a unit for the purpose of transfer of ownership or development. Lot size is determined by the appropriate district as delineated in the land use code.

Street means any access way such as a road, lane, highway, avenue, boulevard, alley, parkway, circle, court, terrace, place, or cul-de-sac and includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved. Streets shall not include those access ways, such as easements, intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers, and easements of ingress and egress.

Subdivision means the platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any one of which is five acres or less. A subdivision includes establishment of new streets and alleys, additions, and resubdivisions. When appropriate to the context, a subdivision relates to the process of subdividing or to the lands or area subdivided.

(1)

Minor subdivision means any subdivision of land into less than 20 lots within a period of 12 months.

(2)

Major subdivision means any subdivision of land into 20 lots or more within a 12-month period.

(LDC, art. XIV, § II; Ord. No. 89-5, art. II, 6-6-1989; Ord. No. 91-8, art. II, 12-3-1991)

Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the requirements in this article.

(LDC, art. XIV, § 3.1; Ord. No. 89-5, art. III, 6-6-1989; Ord. No. 91-8, art. III, 12-3-1991)

Prior to the preparation of the plat, the developer is encouraged to consult with the building official to familiarize himself with the city's subdivision requirements. The building official will review with the developer the provisions of the subdivision ordinance as well as the requirements of other applicable state and local land development regulations. The developer may purchase copies of the subdivision ordinance, zoning ordinance, and other applicable city regulations from the city clerk.

(LDC, art. XIV, § 3.2; Ord. No. 89-5, art. III, 6-6-1989; Ord. No. 91-8, art. III, 12-3-1991)

Subdivisions shall be classified as either major or minor pursuant to section 111-42. All requests for subdivision approval must first receive sketch plat approval from the planning and zoning board. Following sketch plat approval, if the subdivision is classified as a major subdivision, both preliminary plat and final plat approval shall be obtained; if classified as a minor subdivision, final plat need only be obtained. Major subdivisions that are to be developed in phases need only obtain sketch plat and preliminary plat approval once for the entire subdivision, and final plat approval may thereafter be obtained as each phase is ready for development.

(LDC, art. XIV, § 3.3; Ord. No. 89-5, art. III, 6-6-1989; Ord. No. 91-8, art. III, 12-3-1991)

(a)

The planning and zoning board shall be responsible for reviewing and approving sketch plats. No fee shall be charged for sketch plat approval.

(b)

Application for sketch plat approval shall be on forms provided by the building official. Two copies of the sketch plat and accompanying material shall be submitted to the building official 30 days prior to the next regularly scheduled planning and zoning board meeting. The sketch plat shall include:

(1)

Name of subdivision boundary survey and legal description, scale, north arrow, number of acres to be subdivided, current zoning and total number of proposed lots;

(2)

Vicinity map showing the relationship between the area proposed for development and surrounding streets and public facilities. All land within 100 feet of the proposed subdivision shall be shown and the names of adjacent subdivisions, if any, and property owners shall be indicated;

(3)

Preliminary street and lot layout; and

(4)

Statement regarding availability and source of potable water and how sewer and stormwater will be disposed.

(c)

Tentative classification of the sketch plat as a major or minor subdivision shall be made prior to the planning and zoning board review by the building official.

(d)

The building official shall transmit the sketch plat and accompanying materials for review to the officials and agencies responsible for regulating the design and construction of the development or to those who are required by law or rule to assess the impact of the development upon the environmental or infrastructure systems existing in the area. The building official shall then prepare a composite report and recommendation for action to the planning and zoning board for the next regular meeting.

(e)

The planning and zoning board shall study the sketch plat and the report of the building official, taking into consideration the requirements of the subdivision regulations and the best use of the land being subdivided. Particular attention will be given to the arrangement of the lots and streets, method of sewage disposal, stormwater drainage, the future development of adjoining lands as yet unsubdivided, and the requirements of chapter 111, article III and the comprehensive plan.

(f)

After reviewing the sketch plat and the building official's report, the planning and zoning board will advise the developer of its approval or the specific changes it will require as a prerequisite to recommending approval of the subdivision plat. Approval of the sketch plat shall constitute authorization to submit the preliminary subdivision plat in the case of a major subdivision and the final plat in the case of a minor subdivision.

(g)

At the time of sketch plat approval, the developer shall assign a name to the subdivision by which it will be legally known after final plat approval. Such name shall not be the same or in any way so similar to any name appearing on any recorded plat in the city as to confuse the records or to mislead the public as to the identity of the subdivision, except when the subdivision is subdivided as an additional phase by the same developer or his successors in title. Every subdivision's name shall have legible lettering of the same size and type, including the words "section," "unit," "replat," "amended," etc.

(LDC, art. XIV, § 3.4; Ord. No. 89-5, art. III, 6-6-1989; Ord. No. 91-8, art. III, 12-3-1991)

(a)

The planning and zoning board shall be responsible for reviewing and recommending to the city commission approval of preliminary plats. A fee of $100.00 plus $2.00 per lot shall be charged for preliminary plat approval.

(b)

Application for preliminary plat approval shall be on forms provided by the building official. Two copies of the preliminary plat and accompanying material shall be submitted to the city planner 30 days prior to the next regularly scheduled planning and zoning board meeting. The preliminary plat shall include:

(1)

Name of subdivision, boundary survey and legal description, scale, north arrow, number of acres to be subdivided, current zoning, and total number of lots.

(2)

Names and addresses of owner, developer, land surveyor, and engineer.

(3)

Topographic map with contour intervals at one foot.

(4)

Dimensions and locations of all parcels of land proposed to be dedicated or reserved for public or common use, such as rights-of-way, easements, drainageways, parks, and other public or common use spaces.

(5)

Location of any existing streets, easements, utilities, stormwater management facilities, or other improvements.

(6)

Proposed lot, block, and street layout and parking areas. Lots and blocks should be numbered and street names should be shown.

(7)

Schematic drawings of proposed potable water, sanitary sewer, and stormwater management systems, including the location of the outfall for stormwater discharge. Indicate size and approximate location of internal distribution and collection lines, direction of flow, and location of any lift stations, retention/detention facilities, and other major features of these systems.

(8)

Draft copies of proposed covenants, deed restrictions, and homeowners or condominium documents, if any.

(9)

Location of streams, lakes, swamps, wetlands and floodprone areas on the property to be subdivided. Indicate the flood zone of the proposed subdivision and the base flood elevation.

(10)

Proposed bulkheads, seawalls, and similar structures.

(11)

When applicable, indicate how the project will be phased, the order in which the phases will be developed, and the approximate date when development for each phase will begin. Each phase should be designed to stand independently of phases not yet developed.

(c)

The building official shall transmit the preliminary plat and accompanying materials for review to the city engineer and to the officials and agencies responsible for regulating the design and construction of the development or to those who are required by law or rule to assess the impact of the development upon the environmental or infrastructure systems existing in the area. The building official shall then develop a composite report and recommendation for action to the planning and zoning board for the next regular meeting.

(d)

The planning and zoning board shall study the preliminary plat and the report of the building official, taking into consideration the requirements of the subdivision regulations, chapter 111, article III, and the comprehensive plan and the best use of the land being subdivided. Particular attention will be given to the arrangement of the lots and streets, the phasing plan, the adequacy of the proposed methods for sewage treatment and disposal, stormwater management and erosion control, accommodations for bicycle and pedestrian traffic, the adequacy of onsite recreation facilities in subdivisions greater than five acres and the impact of the subdivision on traffic and adjacent land uses. The planning and zoning board shall recommend to the city commission that the preliminary plat be approved as presented, be approved with conditions, or be disapproved.

(e)

The building official shall place the proposed preliminary plat on the next regularly scheduled city commission agenda. The report of the building official and the recommendation of the planning and zoning board shall be forwarded for the city commission's consideration. The city commission, after reviewing the material presented, shall approve, approve with conditions, or disapprove the preliminary plat. Approval shall constitute authorization to submit a final plat to the planning and zoning board for approval. Application for final plat approval shall be submitted within one year following approval of the preliminary plat by the city commission.

(LDC, art. XIV, § 3.5; Ord. No. 89-5, art. III, 6-6-1989; Ord. No. 91-8, art. III, 12-3-1991)

(a)

The planning and zoning board shall be responsible for reviewing and recommending to the city commission approval of final plats. A fee as established by the city shall be charged for final plat approval.

(b)

No development shall be permitted prior to final plat approval. Construction plans shall be submitted along with the final plat.

(c)

Application for final plat approval shall be on forms provided by the building official. Two copies of the final plat and accompanying material and two copies of the construction plans shall be submitted to the building official at least 30 days prior to the next regularly scheduled planning and zoning board meeting. The plat and accompanying materials shall conform substantially to the approved sketch plat and, for major subdivisions, to the approved preliminary plat; providing, however, that final plat approval of an approved preliminary plat may be obtained in accordance with the approved phasing plan. The final plat shall reflect the conditions of earlier approvals and shall include:

(1)

The plat map prepared in accordance with F.S. § 177.091, each sheet thereof being 36 inches long and 24 inches wide. The final plat shall be drawn on Mylar or vellum and shall be at a scale of 60 feet to one inch or larger. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision.

(2)

The construction plans showing all subdivision improvements in accordance with division 3 of this article.

(3)

Developers proposing to post a guarantee for the construction of subdivision improvements shall submit the guarantee pursuant to division 4 of this article.

(4)

Copies of permits required from any federal or state governmental regulatory agency, or proof that application for such permits has been made and is pending approval.

(5)

Title certification pursuant to F.S. § 177.041.

(6)

Restrictive covenants, deed restrictions, deeds for lands on improvements to be conveyed to the city, access on utility easements, drainage, potable water or sanitary sewer easements, and condominium or homeowners association documents, if any.

(7)

Dedications.

a.

The final plat shall contain a dedication by the developer. The dedication shall be executed by all developers having a record interest in the lands subdivided, in the same manner in which deeds are required to be executed. All mortgagees having a record interest in the lands subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument joining in and ratifying the plat and all dedications and reservations thereon.

b.

When a tract or parcel of land has been subdivided and a plat thereof bearing the dedication executed by the developers and mortgagees having a record interest in the lands subdivided and the approval of the city commission has been secured and recorded in compliance with this chapter, all streets, alleys, easements, rights-of-way, and public areas shown on such plat, unless otherwise stated, shall be deemed to have been dedicated to the public for the uses and purposes thereon stated. However, nothing herein shall be construed as creating an obligation upon the city commission to perform any act of construction or maintenance within such dedicated areas except when the obligation is voluntarily assumed by the city commission by resolution.

c.

All land and improvements dedicated to the public shall be free and clear of all liens and encumbrances. The dedication on the final plat shall be in a format substantially as follows:

KNOW ALL MEN BY THESE PRESENTS, that ____________________ (insert name of owner of fee simple interest in lands dedicated), the owner in fee simple of the lands in __________________ (insert exact name of subdivision) joined by ____________________ (insert names or names of all mortgagees), a party having a recorded interest in the lands shown hereon, and which lands are more particularly described as follows ___________________ (insert complete legal description of the lands to be dedicated) have caused said lands to be divided and subdivided as shown herein and do hereby dedicate to the perpetual use of the public all streets, alleys, easements, rights-of-way, and public areas as shown and depicted hereon, reserving however, the reversion or reversions thereof unto the abutting property owners to the centerline should the same be renounced, disclaimed, abandoned or the use thereof discontinued, this ______ day of ______, 20____.

(d)

Acceptance of a plat shall constitute acceptance of the dedication of such streets, alleys, easements, rights-of-way, parks, recreation areas, and other public areas, but the maintenance thereof shall be accepted only as provided herein.

(e)

The building official shall transmit the final plat and construction plans to the city engineer or his designee, and the final plat and other relevant documents to the officials and agencies responsible for regulating the design and construction of the development or to those who are required by law or rule to assess the impact of the development upon the environmental or infrastructure systems existing in the area. The city engineer or his designee shall review the construction plans for compliance with the requirements and design standards of division 3 of this article and shall report his findings to the building official. The building official shall consider all reports submitted and develop a composite report and recommendation for action to the planning and zoning board for the next regular meeting.

(f)

The planning and zoning board shall review the final plat, the construction plans, and the report submitted by the building official. The planning and zoning board shall recommend to the city commission that the final plat be approved, be approved with conditions, or be denied.

(g)

The building official shall place the proposed final plat and construction plans on the next regularly scheduled city commission agenda. The report of the building official and the recommendation of the planning and zoning board shall be forwarded for the city commission consideration. The city commission, after considering the material presented, shall approve, approve with conditions, or disapprove the final plat.

(h)

After the city commission's approval, or approval with conditions, the building official shall stamp and sign both sets of construction plans and indicate thereon the date of the city commission's approval and any conditions imposed by the city commission. One set of the approved plans shall be delivered to the developer, and the other set shall be retained by the building official.

(i)

After receiving the city commission's approval of the proposed subdivision, or approval with conditions, the developer may either make guarantee to the city for the construction of subdivision improvements pursuant to division 3 of this article and record the plat with the clerk; or proceed to apply for a development permit and construct the required subdivision improvements before recording the plat.

(j)

No certificate of occupancy shall be issued and no permanent electrical service shall be authorized until the subdivision plat has been recorded, all subdivision improvements have been installed, inspected, and approved pursuant to divisions 4 and 5 of this article, the city has been reimbursed for expenses incurred by the city engineer or his designee pursuant to section 111-149, and a maintenance bond has been posted pursuant to section 111-8. If some or all of the subdivision improvements are dedicated to the city for ownership and maintenance, neither ownership nor maintenance responsibility shall become effective unless and until the city engineer or his designee certifies that all improvements have been constructed in accordance with the requirements of this article and the city commission then adopts a resolution accepting the subdivision improvements for ownership and maintenance.

(k)

The subdivision plat shall be recorded with the clerk and copies provided to the building official and city engineer or his designee. The plat shall bear all required signatures. Concurrently with recordation of the plat, any deed restrictions, restrictive covenants, deeds to lands and improvements dedicated to the city, access and utility easements, stormwater management, potable water and sanitary sewer easements, and homeowner association documents shall also be recorded with the clerk. No conveyances or dedication to the city or public shall contain any reverter or reversion.

(LDC, art. XIV, § 3.6; Ord. No. 89-5, art. III, 6-6-1989; Ord. No. 91-8, art. III, 12-3-1991)

(a)

Conformance to applicable rules and regulations. In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations:

(1)

F.S. § 177.001, part I, Platting.

(2)

Chapter 111, article III, building and housing codes, and all other applicable laws of the city.

(3)

The city comprehensive plan and future land use map.

(4)

The rules and regulations adopted by the department of health, department of environmental protection, and other state and federal agencies.

(5)

The rules of the department of transportation if the subdivision or any lot contained therein abuts a state highway or connecting street.

(b)

Self-imposed restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by chapter 111, article III or these regulations, such restrictions or reference thereto shall be indicated on the subdivision plat. Deed restrictions, restrictive covenants, homeowner's or condominium association bylaws, and other such private restrictions shall not be enforced by the county, but enforcement may be sought by private parties through the courts or other appropriate remedies of law.

(c)

Monuments. The developer shall place permanent reference monuments in the subdivision in accordance with F.S. § 177.091.

(d)

Name of subdivision. The subdivision shall be named in accordance with F.S. § 177.051.

(e)

Construction drawings and specifications.

(1)

Construction drawings and specifications, hereinafter referred to as "construction plans," for subdivision improvements required by this article shall be prepared, signed, and sealed by a professional engineer registered to practice in the state. The engineer shall certify that the construction plans are in accordance with the requirements of this article and meet or exceed the minimum standards cited herein.

(2)

Prior to the commencement of any development activity prior to final plat approval, the developer shall submit to the building official two complete sets of construction plans for all subdivision improvements required by this article. The city engineer or his designee shall review the drawings and specifications and shall prepare a written report to the board recommending approval, approval with conditions, or disapproval. The developer's engineer is responsible for ensuring that the construction plans meet the requirements of this article; approval by the city engineer or his designee does not relieve the developer's engineer of this responsibility.

(3)

The final plat and the construction plans will be submitted for the city commission's consideration. Upon the city commission's approval, or approval with conditions, the city engineer or his designee will stamp, sign, and date both sets of construction plans and will return one set to the developer and retain the other set on file. All subsequent requests for permits and all construction shall be in conformance with the final plat and the approved construction plans.

(LDC, art. XIV, § 4.1; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

Lot dimensions and size. Minimum lot dimensions and size shall be no less than that specified for the zoning district by chapter 111, article III. In addition, where individual onsite sewage disposal systems are contemplated, lot size shall be at least one acre.

(b)

Access. The subdivision of land shall provide each lot with secure access to existing public thoroughfares by means of a publicly- or privately-dedicated street. Lots shall front on a street dedicated to public or private use. All lots shall have access to a local street, as defined in the traffic circulation element of the city comprehensive plan.

(c)

Lot arrangement. Lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites properly related to the topography and character of surrounding development. Depth and width of all properties, including those intended for commercial and industrial uses, shall be adequate to provide for all off-street service and parking facilities required by chapter 111, article III. Side lot lines shall be substantially perpendicular to street lines, except where a variance of this rule will provide better street and lot layout. All lots shall contain sufficient uplands to accommodate development and still meet all applicable setbacks.

(d)

Lot drainage. Lots shall be laid out so as to provide positive drainage away from all buildings Individual lot drainage shall be coordinated with the subdivision's stormwater management system and with the general stormwater flow pattern for the area. Drainage shall be designed so as to avoid the flow of stormwater runoff from each lot to adjacent lots.

(e)

Debris and waste. No refuse of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of same shall be required prior to issuance of any certificate of occupancy on a subdivision. Nor shall any be left or deposited in any area of the subdivision at the time of expiration of the performance bond or dedication of public improvements, whichever is sooner.

(LDC, art. XIV, § 4.2; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, or waterways.

(b)

The lengths, widths, and shapes of blocks shall be as appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 12 times the minimum lot width required in the zoning district, nor be less than 400 feet in length.

(c)

Wherever practicable, blocks along major arterials and collector streets shall be not less than 1,000 feet in length.

(d)

In long blocks, the planning and zoning board may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

(LDC, art. XIV, § 4.3; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

General requirements.

(1)

Frontage on improved streets. No subdivision shall be approved unless the area to be subdivided shall have access to an existing city-, county- or state-maintained roadway. Approval of a proposed access to a state highway shall be obtained from the state department of transportation prior to final subdivision approval.

(2)

Streets shall be paved and shall be designed and constructed in accordance with road building standards described herein.

(3)

Streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient stormwater management and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

(4)

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by physical conditions, or unless, in the opinion of the planning and zoning board, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

(5)

Street names and signs. Street names shall be indicated on the plat. Names shall be selected after consulting with the local postmaster to ensure that they are sufficiently different in sound and in spelling from other street names so as not to cause confusion. A street which is planned as a continuation of an existing street shall bear the same name. Durable street name signs approved by the city street and road department shall be installed at all intersections by the developer before a certificate of occupancy is issued.

(6)

Street lights. Installation of street lights shall be required in accordance with design and specification standards approved by the city engineer or his designee.

(7)

Construction of streets and dead-end streets.

a.

Construction of streets. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the comprehensive plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abutting property owners whenever the street is continued. The commission may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.

b.

Dead-end streets (permanent). A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with the city's construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited to a length not exceeding 1,000 feet.

(b)

Street design standards.

(1)

Minimum requirements. All streets shall be designed in accordance with the Manual of Uniform Standards for Design, Construction, and Maintenance for Streets and Highways, latest edition.

a.

Right-of-way. All rights-of-way shall be 60 feet, minimum.

b.

Pavement width. All pavement widths shall be 18 feet, minimum.

c.

Shoulders. All shoulders shall be six feet, minimum.

d.

Asphalt. All asphalt shall be of the types acceptable (see subsection (b)(2)) and shall be 1 1/2-inch minimum compacted thickness.

e.

Base. All base material shall be of the types acceptable (see subsection (b)(2)) and shall be six-inch minimum compacted thickness. Minimum density shall apply to the type of base material used. Prime and armor coat will be required in order to protect the base from damage prior to paving.

f.

Subgrade. The top 12 inches of subgrade shall be compacted to a minimum density of 100 percent (American Association of State Highway and Transportation Officials, AASHTO T-99) in both cut and fill areas. The top six inches shall be stabilized to a limerock bearing ratio of not less than 40, unless otherwise approved by the city engineer or his designee.

g.

Swales. Swales shall be required on all roads unless the density and intensity of land use dictate the use of curbs, gutters, and storm sewers. All swales shall conform to the minimum dimensions as required by the city engineer or his designee.

h.

Grassing. All areas from the edge of pavement to the right-of-way line shall be fertilized, seeded and mulched with a seasonal grass. The grass will not be accepted until a growth is established that is at least 50 percent of any one square yard measured. Sod will be required around all headwalls, drain pipes or any area that may be susceptible to erosion during normal rains.

i.

Drains. All drain pipes shall be bituminous coated corrugated metal with basic requirements of AASHTO M-36 or reinforced concrete pipe conforming to American Society for Testing and Materials (ASTM) designation C-76-70 Class III. All pipes and ditches shall be sized to collect, control and dispose of the runoff from a 25-year frequency, 24-hour duration storm. Headwalls shall be the mitered end type. Cross drains shall be a minimum of 18 inches diameter; side drains shall be a minimum of 15 inches diameter or equivalent opening of arch or elliptical pipe.

j.

Disposal of debris. No construction debris will be buried.

k.

Signage and markings. Upon notification, after the project review, the developer may be required to provide traffic signs and pavement striping.

l.

Others. All construction methods not specifically stated herein shall be in accordance with the state department of transportation Standard Specifications for Road and Bridge Construction, latest edition. At the direction of the city engineer or his designee, any item that is needed but not specifically called out in these requirements will be provided at the expense of the developer.

(2)

Materials. All materials shall be in accordance with division III of the state department of transportation Standard Specifications for Road and Bridge Construction, latest edition.

a.

Asphalt. The following types of asphalt are acceptable:

1.

FDOT Type S-1—Minimum stability 1,000 pounds.

2.

FDOT Type II—Minimum stability 1,000 pounds.

3.

FDOT Type III—Minimum stability 1,000 pounds.

b.

Base. The following types of base are acceptable:

1.

Sand-clay with a minimum density of 98 percent (AASHTO T-180).

2.

Soil cement with a minimum density of 98 percent of actual field proctor (AASHTO T-99).

3.

Limerock with a minimum density of 98 percent (AASHTO T-180).

4.

Others that are not listed may be acceptable with the prior approval of the city engineer or his designee.

c.

Testing.

1.

Standard mix design for asphalt will be required for approval prior to acceptance to the project.

2.

A minimum of three thickness cores will be required for any project. Large projects require more.

3.

Density tests for both subgrade and base shall be at the rate of one every 500 linear feet of roadway. Test will run at random from side, center and side.

4.

Density tests for shoulder shall be at the rate of one every 1,000 linear feet of shoulder, this will include testing shoulders on both sides of roadway.

(3)

Elevation. The finished elevation of proposed streets shall be at or above grade as indicated on the topographical survey. The planning and zoning board or city engineer or his designee may require, when necessary, profiles and elevations of streets to determine compliance with this requirement.

(4)

Intersections.

a.

Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet from the intersection. Not more than two streets shall intersect at any one point unless specifically approved by the planning and zoning board.

b.

Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with an existing intersection on the opposite side of such street. Street jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection.

c.

Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees, excluding primary sand dunes) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.

d.

The cross-slopes on all streets, including intersections, shall be three percent or less.

(5)

Bridges. Bridges of primary benefit to the applicant shall be constructed at the full expense of the applicant without reimbursement from the city. The sharing of expenses for the construction of bridges of mutual benefit to the applicant and the city will be fixed by special agreement between the city commission and the applicant. Said cost shall be charged to the applicant on a pro rata basis.

(c)

Street dedications and reservations.

(1)

New perimeter streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The planning and zoning board may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within his own subdivision boundaries.

(2)

Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or when the future traffic circulation map indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to dedicate at his expense such areas for widening or realignment of such roads.

(LDC, art. XIV, § 4.4; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

General requirements. The planning and zoning board shall not recommend for approval any plat of subdivision which does not make adequate provision for stormwater management, erosion control, and flood damage prevention.

(b)

Stormwater management.

(1)

Design. The stormwater management system shall be designed in accordance with F.A.C. ch. 62-25, and applicable city regulations. The stormwater management system shall include an erosion and sediment control plan. Runoff computations shall be submitted along with the construction plans.

(2)

Stormwater easements.

a.

Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement conforming substantially to the lines of such watercourse, and of such width as will be adequate for the purpose. Wherever possible, it is desirable that stormwater be conveyed by swales or an open channel with landscaped banks and adequate width for maximum potential volume of flow.

b.

Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least 15 feet in width for such stormwater facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Stormwater management easements shall be carried from the road to appropriate stormwater management facilities.

c.

When a proposed stormwater management system will carry water across private land outside the subdivision, a stormwater management easement must be secured and indicated on the plat. The easement shall be filed with the clerk of the circuit court at the same time the final plat is recorded.

d.

Low-lying lands along watercourses subject to flooding during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainageways.

(c)

Erosion control.

(1)

An erosion and sediment control plan shall be included as part of the stormwater management system at subsection (b) of this section. Permanent erosion and sediment control features shall be incorporated prior to land clearing or development activity. Temporary erosion control features shall be used to correct conditions that develop during construction which were not foreseen at the time of design, to control erosion prior to the time it is practical to construct permanent control features, or to provide immediate temporary control of erosion that develops.

(2)

Construction activity shall be scheduled such that the exposure of unprotected earth is the minimum area necessary and the duration of exposure is as short as practicable. Any portion of the development site which remains cleared for over 30 days shall be required to be stabilized.

(d)

Flood damage prevention.

(1)

Design. The subdivision shall be designed in accordance with chapter 107.

(2)

No plat of subdivision shall be approved if the proposed improvements will increase flood flows, height, or damage from a 25-year frequency, 24-hour duration storm event.

(LDC, art. XIV, § 4.5; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

General requirements.

(1)

Necessary action shall be taken by the developer to ensure a secure source of potable water for domestic use and fire protection.

(2)

Where a public water main is within 1,320 feet and the public water system has adequate capacity, the subdivider shall connect to the public water system subject to the specifications of F.A.C. ch. 62-555.

(3)

Water main extensions shall be approved by the department of environmental regulation.

(4)

Easements. Easements across lots or centered on rear or side lot lines shall be provided for water lines where necessary and shall be at least 15 feet wide.

(b)

Individual wells and central water systems.

(1)

Where there are lots of at least one acre, if a public water system is not within 1,320 feet, or if the capacity in the public system is not available, the planning and zoning board, after consulting with the appropriate state agencies (i.e., the department of health, the department of environmental protection and/or the Northwest Florida Water Management District) shall determine whether individual wells or a private central water system shall be used. If feasible, the developer may elect to provide the additional capacity to the public water system to serve his development. If a private central water system is used, approval shall be obtained from the appropriate health authorities and the appropriate permits submitted at the time of final plat approval. Subdivisions whose density exceeds one unit an acre shall provide an approved central water system.

(2)

For those subdivisions approved for individual wells, provision shall be made for the inclusion of water utility easements and rights-of-way to ensure the eventual construction and utilization of a central water system.

(c)

Fire hydrants shall be required for all subdivisions except those coming under subsection (b)(2) of this section. Fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure and shall be approved by the applicable protection unit. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves and all other supply improvements, shall be installed before any final paving of a street shown on the subdivision plat.

(LDC, art. XIV, § 4.6; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

General requirements.

(1)

The applicant shall install wastewater management facilities in a manner approved by the city commission. All plans shall be designed and permitted in accordance with the rules, regulations, and standards of the department of environmental protection, department of health , and other appropriate agencies.

(2)

Easements across lots or centered on rear or side lot lines shall be provided for wastewater collection lines where necessary and shall be at least 15 feet wide.

(3)

Wastewater management systems shall be constructed as follows:

a.

Where a public wastewater management system is within 1,320 feet of any point of the subdivision, the developer shall connect to it and provide sewers to each lot in the subdivision.

b.

Where a public wastewater management system is not within 1,320 feet of the subdivision, but the subdivision contains lots having at least one acre, the developer may install individual onsite sewage disposal systems in accordance with applicable city regulations; provided, however, that provisions shall be made, such as the inclusion of sewerage utility easements and rights-of-way, to ensure the eventual construction and utilization of a central wastewater management system.

(b)

Design criteria.

(1)

Design criteria for domestic wastewater facilities shall be in accordance with F.A.C. ch. 62-600.

(2)

Design criteria for individual onsite sewage disposal systems shall be in accordance with F.A.C. ch. 64E-6, except where modified by more stringent city criteria.

(3)

Sewerage locations. Sanitary sewers shall be located within street or alley rights-of-way unless topography dictates otherwise. When located in easements on private property, unobstructed access to all manholes shall be provided. A manhole shall be provided at each street or alley crossing. End lines shall be extended to provide access from street or alley right-of-way where possible.

(4)

Water supply interconnections. There shall be no physical connection between a public or private potable water supply system and a sewer which will permit the passage of any sewage or polluted water into the potable supply.

(5)

Relation of sewers to water mains. Unless there is a more stringent standard required by DEP regulation, a minimum horizontal distance of ten feet shall be maintained between parallel water and sewer lines. At points where sewers cross waterlines, the sewer shall be constructed of cast iron pipe or encased in concrete for a distance of ten feet in each direction from the crossing, measured perpendicular to the water line. This will not be required when the water main is at least two feet above the sewer.

(LDC, art. XIV, § 4.7; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

Location. All utilities, including, but not limited to, gas, electric power, telephone, and CATV cables, shall be located underground or on poles throughout the subdivision.

(b)

Easements. Easements centered on rear lot lines shall be provided for private and public utilities and shall be at least ten feet wide. The subdivider shall coordinate with the applicable utility companies for the establishment of the easements. The easements and their width shall be indicated on the plat.

(LDC, art. XIV, § 4.8; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

Land dedicated as park, playground, or other recreation areas shall be of suitable size, dimension, topography, and general character and shall have adequate road access. The area shall be shown and marked on the plat, "Reserved for Parks and/or Recreation." Land shall be free and clear of all liens or other encumbrances and shall be dedicated to either the homeowner, condominium, or other neighborhood association or to the city. Land dedicated to the city must be approved by the city commission. After the developer has constructed whatever improvements are required the city commission shall vote to accept the dedicated land for maintenance and ownership. The title to the land shall thereupon be transferred to the city by deed.

(LDC, art. XIV, § 4.9; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

(a)

General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall be as the planning and zoning board may require.

(b)

Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the planning and zoning board that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

(1)

Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

(2)

Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated.

(3)

Special requirements may be imposed by the local government with respect to streets and swales design and construction.

(4)

Special requirements may be imposed by the local government with respect to the installation of public utilities, including water, sewer, and stormwater management. No approval may be given to any proposed development zoned for industrial, manufacturing, or equivalent use where onsite sewage disposal systems to be permitted by the department of health and rehabilitative services are anticipated for use.

(5)

Every effort shall be made to protect adjacent residential areas from potential nuisance from proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

(6)

Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

(LDC, art. XIV, § 4.10; Ord. No. 89-5, art. IV, 6-6-1989; Ord. No. 91-8, art. IV, 12-3-1991)

The administrative procedures for installing subdivision improvements required herein shall be as follows.

(LDC, art. 15, § 5.1; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

No final plat of any subdivision shall be recorded by the clerk until either the improvements have been constructed in accordance with the approved construction plans, the work has been approved by the city commission, and satisfactory arrangements have been made to ensure continued maintenance; or the subdivider has provided satisfactory guarantee that improvements will be installed.

(LDC, art. 15, § 5.2; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

Instead of posting a guarantee pursuant to section 111-143, the developer may select to construct the subdivision improvements before the final plat is recorded. All improvements shall be made in accordance with the approved construction plans and final plat. All improvements shall be completed within one year following the city commission's approval of the construction plans and final plat.

(LDC, art. 15, § 5.3; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

(a)

The developer may make guarantee to the city for the construction of subdivision improvements. Upon acceptance of the guarantee, the city commission shall authorize the clerk to record the final plat.

(b)

The guarantee shall be made in one of the following ways:

(1)

A performance bond executed by a surety company licensed to do business in the state, payable to the city, in an amount sufficient to ensure completion of all improvements; or

(2)

A cash deposit in an escrow account assuring completion of improvements.

(c)

The amount of the guarantee will be sufficient to cover the costs of the improvements, necessary engineering supervision and inspection, and preparation of as-built drawings. The developer's engineer shall submit a detailed estimate of these costs and shall certify that the estimates were derived according to accepted engineering formulas and practices.

(d)

The guarantee shall comply with all statutory requirements and shall be satisfactory to the local government attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the city commission in the resolution approving the final subdivision plat and shall be incorporated in the guarantee and shall not in any event exceed two years from the date of final approval. The guarantee shall be approved by the city commission as to amount, surety, and conditions. If the commission determines that the estimate submitted by the developer's engineer is insufficient, the city may substitute an estimate of its own. The planning and zoning board may, upon proof of difficulty, recommend to the city commission one extension of the completion date set forth in such guarantee for a maximum period of one additional year.

(LDC, art. 15, § 5.4; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

If subdivision improvements are not completed within two years, the subdivision approval shall be deemed to have expired for those subdivisions for which a performance bond has not been posted. In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the city commission may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.

(LDC, art. 15, § 5.5; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

(a)

The developer shall retain a professional engineer, licensed to practice in the state, to supervise and control all work done, including all location and control staking, clearing, grading, stabilizing, placing of bases, surfacing and drainage. The developer shall have available, when necessary, qualified personnel for the purpose of setting all line and grade stakes and for verification of points by the city engineer or his designee.

(b)

Each stage of road construction (such as clearing, grading, stabilization, base, surface and drainage facilities) and any other item as deemed appropriate by the city engineer or his designee, shall receive specific inspection and approval from the developer's engineer with appropriate records to verify all such inspections and approval. All field notes must be made available to the city engineer or his designee at any time prior to acceptance.

(c)

It will be the responsibility of the developer or his professional engineer to authorize or to make the following tests during the construction period and furnish the city engineer or his designee with a copy of each test made.

(1)

Surface course material and density.

(2)

Base material and density.

(3)

Subgrade bearing value.

(4)

Subgrade density.

(5)

Stabilized roadway bearing value.

(6)

Stabilized roadway density.

(7)

Stabilized roadway thickness.

(8)

Concrete strength, 28 days.

(9)

Embankment density.

(d)

All test determinations and frequencies shall meet the applicable portions at DOT standards. The developer shall pay for costs of all tests.

(e)

At the completion of all work covered by the approved plans, the city engineer or his designee shall certify in writing to the city commission that all work was done in compliance with approved plans and these regulations.

(LDC, art. 15, § 5.6; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

In order to facilitate inspection of required improvements during construction, the developer shall notify the city engineer or his designee at least two working days before proceeding to any stage of construction requiring city engineering approval, including:

(1)

Clearing and grubbing;

(2)

Rough grading completed;

(3)

When excavations are ready for placing foundations and when pipe trenches are shaped and prepared for laying pipe;

(4)

Once the stormwater management and other facilities are installed, but before back-filling occurs;

(5)

Upon completion of subgrade compaction;

(6)

Upon completion of base course;

(7)

When placing surface pavements;

(8)

Installation of sewer lines and treatment plants.

(LDC, art. 15, § 5.7; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

At such time as the applicant has completed construction of all required improvements, he shall furnish to the city engineer or his designee record drawings and profiles prepared by a licensed land surveyor or engineer. The drawings shall show the actual location of subdivision improvements. The city engineer or his designee shall compare the as-built drawings with the approved construction plans and shall conduct a final, on-site inspection. He shall then report to the city commission whether the improvements are in conformance with the approved plans. If the improvements are in conformance and the developer has complied with sections 111-149 and 111-8, the city commission shall authorize the clerk to record the final plat and release the performance bond, less ten percent retainage for maintenance. If the improvements are not in conformance, the city commission may disapprove the recording of the plat and the release of the performance bond until the deficiencies are corrected.

(LDC, art. 15, § 5.8; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

Prior to the release of the performance bond and recording of the final plat, the developer shall reimburse the city for all expenses incurred by the city engineer or his designee for professional services required by this article.

(LDC, art. 15, § 5.9; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

(a)

The developer shall maintain the completed work for a period of 180 days or until final acceptance of maintenance responsibility by the city or other designated party.

(b)

If the developer originally posted a guarantee covering the cost of construction, it shall be reduced to ten percent of the original bond and shall be held as a maintenance bond.

(c)

If the subdivider constructed and installed all required public improvements prior to recording of the final plat, then he shall post a maintenance bond equaling ten percent of the construction costs and shall sign a bond agreement with the city commission. This shall be done before the final plat is recorded.

(d)

At the end of the maintenance period, the city engineer or his designee shall make a final inspection and notify the developer of any problems. The developer shall make whatever corrections are needed. If the work is then acceptable, the city engineer shall recommend that the city commission authorize the release of the maintenance bond and, if dedicated to the public, accept the improvements for ownership and maintenance.

(LDC, art. 15, § 5.10; Ord. No. 89-5, art. V, 6-6-1989; Ord. No. 91-8, art. V, 12-3-1991)

No plat of a subdivision of land located within the jurisdiction of the city commission shall be admitted to the records of the city or received or recorded by the clerk of the circuit court except in accordance with the requirements of this article.

(LDC, art. XIV, § 6.1; Ord. No. 89-5, art. VI, 6-6-1989; Ord. No. 91-8, art. VI, 12-3-1991)

Land shall be subdivided and developed only in accordance with the requirements of this article. Development permits for land requiring subdivision approval shall not be issued except when the land has been properly subdivided. Lot owners wishing to develop their lot or lots within an unrecorded subdivision shall be denied a building permit until the subdivision has been approved and recorded. However, unapproved, but partially-developed subdivisions filed with the city's planning department prior to the approval of this article by the administration commission shall be exempt from the provisions of this ordinance and the city shall not be under any obligation to provide subdivision improvements. Unapproved subdivisions not filed with the city planning department prior to the approval of this article by the administration commission may be exempt from its provisions, providing it can be demonstrated that at the date of the ordinance from which this article is derived adoption by the city commission, the land had been subdivided and the lots held in separate ownership.

(LDC, art. XIV, § 6.2; Ord. No. 89-5, art. VI, 6-6-1989; Ord. No. 91-8, art. VI, 12-3-1991)

(a)

Notice shall be posted for subdivisions in which the roads have not been dedicated to or accepted by the city for ownership and maintenance. The developer shall conspicuously locate, post, and maintain at the entrances to the subdivision signs containing the following statement:

"Roads, driveways, and rights-of-way in this subdivision are not maintained by the City of Apalachicola."

(b)

Signs shall be maintained so as to be legible.

(LDC, art. XIV, § 7.1; Ord. No. 89-5, art. VII, 6-6-1989; Ord. No. 91-8, art. VII, 12-3-1991)

Disclosure shall be required for subdivisions in which either roads, utilities, stormwater management facilities, or other subdivision improvements are not dedicated for ownership and maintenance to the city. The developer shall disclose to any prospective purchaser of land in such subdivision prior to the completion of the sale the following information, and which language shall be affixed to the contract for sale and to the deed and any other instrument of transfer, and signed by the seller or seller's agent and the purchaser:

"IMPORTANT: The ___________________________________ (fill in streets, water and sewer facilities, stormwater management facilities or other subdivision improvements, as applicable) serving the lots in _____________________ (fill in the name of the subdivision) have not been accepted by the City of Apalachicola for ownership or maintenance."

(LDC, art. XIV, § 7.2; Ord. No. 89-5, art. VII, 6-6-1989; Ord. No. 91-8, art. VII, 12-3-1991)