As of the March 8, 2010, effective date of this amendment to the land development regulations all areas of the city suitable for development have been previously platted. As such, the primary purpose of this article is to provide procedures for changes to previously recorded subdivisions (replats) and conditions for the division of existing lots, and to establish development standards and requirements for new development or redevelopment within the city. The provisions set forth within this article shall be construed as the design and development standards for all new development and redevelopment within the city.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Subdivision defined. For the purposes of this article, subdivision shall mean the division of land into three (3) or more lots or parcels, which may include establishment of new streets and alleys, stormwater facilities, infrastructure including, but not limited to, water, sewer, and utilities. The term subdivision shall also include changes to previously recorded plats, replats and the division of previously recorded subdivisions when three (3) or more lots or parcels are created, and when appropriate to the context, subdivision also relates to the process developing land.

(b)

Improvements defined. For the purposes of this article, subdivision improvements may include, but shall not be limited to street pavements, curbs and gutters, sidewalks, driveways, alley pavements, walkway pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs, street lights, landscaping, permanent reference monuments (PRMs), permanent control points (PCPs), monuments, or any other improvement as may be required by the city commission or these land development regulations.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

No building permits shall be issued for any land that has been divided, or any lot that has been created, except in compliance with the requirements of division 2 of this article and the requirements of Chapter 177, Part I, Florida Statutes. Approval of a final subdivision plat or a replat shall be required when any of the following conditions result from the division of land.

(1)

The division of any land will create three (3) or more contiguous lots or parcels.

(2)

The division of land, or the change to a previously recorded plat, platted lot or lot of record, will alter a lot or tract boundary line, will alter an access point, other than a private driveway, change a street as shown on a recorded plat, or change any area dedicated for shared public use, recreation, open space, buffering, easement or designated preservation area.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Building permits may be issued following divisions of land without the need for approval of a final subdivision plat or a replat only in accordance with each the following provisions:

(1)

The division results in no more than two (2) contiguous lots or parcels.

(2)

The resultant new lots, comply with the minimum lot area, width and depth, and access requirements of the applicable zoning district, the comprehensive plan and all other applicable requirements of these land development regulations.

(3)

The division and the resultant new lots shall not create any nonconforming structures or any other nonconforming characteristic.

(4)

Approval by the administrator of a certified survey depicting the proposed new lots verifying compliance with the above requirements. Such certified survey shall be submitted to the city and approved prior to recording of a deed for transfer of ownership of lands and shall be recorded as an addendum to the deed. It shall be the responsibility of the property owner(s) to provide evidence of the approved certified survey along with any application for building permits.

(b)

Townhouses and residential dwellings held in fee-simple ownership. Two-unit townhouses and two-family dwellings, when divided in ownership, shall not constitute a division of lands requiring approval of a final subdivision plat or a replat, provided that such dwellings are otherwise in compliance with these land development regulations and the comprehensive plan.

(c)

The combination or recombination of previously platted lots or portions of previously platted lots where the total number of lots is not increased and the resultant lots comply with the standards of this chapter.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

The planning and community development director may waive the review procedures outlined in section 24-203(c)(2) for proposed subdivisions that meet the following criteria:

(a)

The parcel will be subdivided into no more than five (5) lots; and

(b)

The parcel abuts and each lot created will abut existing dedicated public right-of-way; and

(c)

The development of the parcel will require no additional facility improvements to potable water, sanitary sewer, drainage facilities, or roads; and

(d)

The resultant new lots comply with the minimum lot area, width, and depth, and access requirements of the applicable zoning district, the comprehensive plan, and all other applicable requirements of these land development regulations; and

(e)

The general intent of this chapter is met and the subdivision otherwise complies with State law.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

An applicant may apply for the vacation of a recorded plat, or a portion of a plat by written application to which a copy of the plat shall be attached requesting the same to be vacated. Vacation of plats shall require approval by resolution of the city commission, and such vacation shall be approved only in accordance with F.S. § 177.101.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Unlawful division of land. It shall be unlawful for any person to submit a plat, replat, or certified survey as required by section 24-189, for the subdivision of land to the clerk of the Circuit Court of Duval County for the purpose of recording said plat in the Official Records of Duval County until the plat or replat has been approved in accordance with the provisions of this article.

In the event that an unapproved final subdivision plat, replat, certified survey as required by section 24-189, or any division of land, is recorded, no building permit or other type of permit authorizing any development shall be issued until such division is approved in accordance with the requirements of this article.

(b)

Applicability. The procedures of this division 2 apply to new plats, replats or any change to a previously recorded subdivision plat.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

The requirements of each of the following reviews shall be met prior to the recording of a final subdivision or an amended plat and prior to the issuance of any building permit within lands encompassed by the plat.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

The following information shall be depicted upon proposed new plats and as required by the city for changes to previously recorded plats in accordance with the type of change requested:

(1)

A certified survey with the boundary lines of the area being subdivided with the distance and bearings and the legal description of the property.

(2)

The lines of all proposed streets with their widths and names. All street names must be approved by the building department.

(3)

The lines of adjoining streets with their widths and names..

(4)

The square footage and dimensions for each lot.

(5)

The location of all setback lines and easements provided for public use, utilities or drainage.

(6)

All dimensions both linear and angular for locating the boundaries of the subdivision, lots, streets, easements, and any other areas. Linear dimensions are to be given to the nearest one-one hundredth of a foot.

(7)

The radii, arcs, chords, chord bearings, points of tangencies and central angles for curved streets and rounded block corners, per Florida Statutes.

(8)

The name of the subdivision, the scale of the plat, points of the compass and the name of the owner and owners of the subdivision.

(9)

All flood hazard areas as established by the FEMA flood insurance rate maps.

(10)

Natural features including jurisdictional wetlands, lakes, water courses, and other pertinent features.

(11)

The present zoning district(s) the property is located in.

(b)

Preliminary engineering drawings. Preliminary engineering drawings shall be submitted for distribution and review by appropriate city departments. Preliminary engineering drawings shall depict the general location of the following:

(1)

Water system lines and support facilities.

(2)

Sewer system lines, any lift stations and support facilities.

(3)

Stormwater and drainage facilities, easements and other such features.

(4)

Any bulkheads.

(5)

Street profiles.

(6)

Sidewalks, bicycle paths and pedestrian paths.

(7)

Excavation and fill areas including any impacted wetlands.

(c)

Review process.

(1)

Upon receipt of a complete and proper application for the proposed plat, copies shall be distributed to appropriate departments for review and comment. Review comments shall be provided to the applicant in writing within fifteen (15) business days of receipt of the complete and proper application.

(2)

Upon completion of review by city departments and verification that the proposed plat is in general compliance with applicable land development regulations and Chapter 177, Florida Statutes, the proposed plat shall be placed on the agenda of the next available meeting of the community development board for consideration and recommendation subject to the hearing and notification requirements in section 24-51(i). The planning and community development director shall provide to the community development board all relevant information concerning the proposed plat including any outstanding comments from all reviewing departments, officials or agencies. The community development board shall make a recommendation to the city commission to approve the application, deny the application, or approve the application subject to specified changes based upon the requirements of these land development regulations, the comprehensive plan and other conditions which may be unique to the land encompassed by the proposed plat.

(d)

Time limit. The recommendation of the community development board shall remain valid for twelve (12) months. If the applicant has failed to obtain subdivision plat approval within twelve (12) months re-application in accordance with the provisions of this article shall be required.

(e)

It shall be unlawful to construct any improvement without approval of a final subdivision plat or replat and issuance of a valid building permit authorizing development.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Purpose and intent. The purpose of the proposed final subdivision plat review is to ensure that the proposed final subdivision plat meets all requirements of Chapter 177, Part I, Florida Statutes, all requirements of these land development regulations and other applicable regulations prior to approval by the city commission and prior to recording.

(b)

Information required for review.

(1)

Final subdivision plat review. Copies of the proposed final plat in the number as requested on the application form shall be submitted to the city and shall be prepared in accordance with the design standards and requirements established in these land development regulations and Part I, and Chapter 177, Florida Statutes, as may be amended.

(2)

The final subdivision plat shall be prepared by a registered land surveyor in accordance with the requirements of F.S. § 177.091 and shall be clearly and legibly drawn in black permanent drawing ink. The final subdivision plat shall be drawn on eighteen (18) by twenty-six (26) inch Mylar or as required for recording in the official records of Duval County. The final subdivision plat may be on several sheets, and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. The final subdivision plat shall be at the same scale and in the same format as the proposed plat. The final subdivision plat shall contain sufficient data to readily determine and accurately locate on the ground the location, bearing and length of every right-of-way line, lot line, easement boundary line and black line, including the radii, arcs and central angles of all curves. The following shall also be included:

a.

Boundary survey and title certification as required by F.S. § 177.041.

b.

Name of new subdivisions and replats. As required by F.S. § 177.051, every new final subdivision plat, and any section, unit or phase therein, as well as any replat of a previously recorded final subdivision plat, shall be given a name by which the subdivision shall be legally known.

c.

Every final subdivision plat shall be prepared, signed and sealed by a registered land surveyor as required by F.S. § 177.061.

d.

Dedication of improvements. All public improvements or property designated for public purpose on any final subdivision plat including, but not limited to, all streets, alleys, easements, rights-of-way, parks, recreation amenities, open space, buffers and protected areas shall be expressly dedicated on the face of the final subdivision plat. In addition, the final subdivision plat shall contain a statement of dedication to the city, other appropriate government units or public utilities for all water lines, sewer lines, pumping stations, electrical power lines, fiber optic, digital or cable television lines, gas lines and any other public utility service lines and appurtenances located within the tract prior to recording.

e.

Any special conditions, including building restriction lines that may exceed the zoning district minimum yard requirements or other unique requirements shall be noted on the final plat.

f.

If required, assurance for the performance of construction, completion, maintenance and warranty of all improvements shall be submitted as set forth within division 4 of this article.

(3)

Approval or denial by city commission. Upon receipt of all required information, the planning and community development director shall, within thirty (30) days, schedule the final subdivision plat for public hearing before the city commission, pursuant to the hearing and notice provisions in section 24-51(j). The planning and community development director shall forward all relevant information to the city commission for its consideration. The city commission, after considering all comments shall approve, deny or approve subject to specified conditions, the final plat for recording, based upon compliance with the required certifications and security requirements and with the other requirements and provisions of this article and other applicable policies, ordinances, laws and regulations. If substantial changes to lot, block or street layout or lot sizes occur at any time after the consideration by the community development board, another review by that board shall be conducted prior to submittal of the final subdivision plat to the city commission for final action.

(4)

Signing, recording, and acceptance. Upon approval by the city commission, said plat shall be signed by the mayor and recorded under the applicable provisions of Chapter 177, Florida Statutes. Acceptance of the final plat shall be deemed provisional acceptance by the city of public improvements and other public areas dedicated to the city. Final acceptance of all public improvements shall occur upon the submission to the city commission of a valid certificate of completion as provided for in section 24-235 of this chapter. The acceptance of dedications for public purpose shall be affixed to the face of the plat. Four (4) copies of the recorded final subdivision plat shall be provided to the city.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

All new development and redevelopment, including areas of previously approved subdivisions platted but not developed, shall contain improvements designed and constructed according to the requirements and specifications of this article, the comprehensive plan, and applicable policies, regulations and ordinances of the city and laws of the State of Florida.

Where development contains or impacts previously existing streets used to access the development or impacts stormwater and utility facilities that do not meet the requirements of current development standards, the applicant shall be required to improve such substandard facilities contained within or used by the development or redevelopment project to current standards, unless specifically exempted herein. It is the intent of the city that new development shall make improvements to substandard facilities to the extent that the development impacts such facilities.

The following services and facilities shall be required improvements:

(a)

Streets designed and constructed according to the standards and requirements of this article and this chapter.

(b)

Sidewalks designed and constructed according to the standards and requirements of this article.

(c)

Approved street signs with block or address range numbers as provided for in chapter 6 of this Code, markers, traffic signs and signals to control and circulate traffic within the subdivision in accordance with the Florida Uniform Manual of Traffic Control Devices, as published by the Florida Department of Transportation.

(d)

Drainage and stormwater management facilities designed and constructed according to the standards and requirements of this article and this chapter.

(e)

A sanitary sewer system or an approved individual sewage disposal system in the absence of access to a central sewer system, based on the requirements of the State of Florida regulating the sanitary facilities for subdivisions, the provisions of this article or other applicable policies, laws, ordinances and regulations. (See section 24-259.)

(f)

A centralized water system, unless an individual water supply system is permitted, based upon the required standards of the State of Florida, the provisions of this article and other applicable policies, laws, ordinances and regulations.

(g)

Parks and recreation dedication, as specified in section 24-257 of this article.

(h)

Electric, telephone, gas and other utilities shall be constructed underground and shall be designed so as to minimize obstruction of pedestrian and vehicular traffic circulation.

(i)

Such other improvements as deemed necessary to comply with the requirements of this article and to protect the public health, safety and welfare because of topography or other conditions unique to the land.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

Construction of the required improvements within a subdivision may begin upon issuance of a building permit. Further, such construction may commence only after recording of the final subdivision plat, and only after any required performance bonds or other assurances are secured.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

The final subdivision plat shall be certified by the developer and countersigned by the administrator verifying that the developer has complied with one (1) of the following alternatives:

(1)

Cash deposit. The developer shall deposit with the city or place in an account subject to the control of the city, cash in the full amount of the total sum of engineering and construction costs for the installation and completion of the required improvements. The developer shall be entitled to secure draws from such deposits or account as installation progresses at stages of construction established by the administrator, but not more frequently than monthly. A draw from the cash deposit or account shall be made only within thirty (30) days after the developer's engineer has certified to the city that the cost of improvements installed equals or exceeds the amount of the draw requested plus any previous draws made and the administrator has inspected the improvement and authorized the draw. The city commission shall have the right to reduce the amount of any requested draw to an amount justified based upon the administrator's inspection of the improvements and shall also have the right to refuse to approve any requested draw so long as the developer fails to be in compliance with any of the terms and conditions of the plat or plans and specifications for the improvements. The developer shall be entitled to receive any interest earned on the deposit or account. The city, after sixty (60) days' written notice to the developer, shall have the right to use the cash deposit or account for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required by the resolution approving the final subdivision plat and after any extensions granted have expired.

(2)

Personal bond with letter of credit. The developer shall furnish to the city his personal bond secured by an unconditional and irrevocable letter of credit in an amount equal to the total of engineering and construction costs for the installation and completion of the required improvements, which letter of credit shall be issued by a state or United States banking institution to the city. The letter of credit shall be in the form approved by the city attorney. During the process of construction, the city commission may reduce the dollar amount of the personal bond and letter of credit on the basis of work satisfactorily completed and passed inspections by the city. The city, after sixty-day written notice to the developer, shall have the right to use any funds resulting from drafts on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the resolution approving the final subdivision plat or after any extensions granted have expired.

(3)

Surety bond. The developer shall furnish to the city a surety bond in the form and by a surety approved by the city attorney guaranteeing that within the time required by the resolution approving the final subdivision plat, all work required shall be completed in full accordance with the final subdivision plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bond agreement. The bond shall be in an amount equal to one hundred (100) percent of the sum of engineering and construction costs. During the process of construction, the administrator may reduce the dollar amount of the bond on the basis of work satisfactorily completed and passed inspections by the city. The city, after sixty (60) days' written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete such improvements within the time required by the resolution approving the final subdivision plat and after any extensions granted have expired.

(4)

Any other form of security must be approved in writing by the city manager in consultation with the city attorney.

(b)

A developer may extend, renew or substitute collateral described in subsections (1), (2), or (3) above, one (1) or more times; provided, that no extension or renewal thereof, or substitute thereof, shall have a maturity or expiration date later than the established time for completion of improvements. The time for completion of improvements shall be as specified within the resolution approving the plat, or such later time as may be approved by the city commission; provided, that if the collateral securing the completion of improvements has a maturity or expiration date shorter than the time for completion, the time for completion shall be deemed to expire upon failure of the developer to extend, renew or provide substitute collateral for such collateral at least ten (10) days before the maturity or expiration date, unless a later time is approved by the city commission.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

Where the city is requested to accept maintenance of any public improvement within the subdivision, a maintenance bond in the amount of one hundred (100) percent of the construction cost of the improvements shall be filed with the city. Such bond shall provide that the city shall be indemnified if the developer does not replace or repair any public improvements, which are defective in materials or workmanship or which were not constructed in compliance with the approved construction plans. The terms of the maintenance bond shall expire one (1) year after acceptance for maintenance by the city unless the city serves written notice to the developer that the improvements are defective in material or workmanship or were not constructed in compliance with the approved construction plans within the one (1) year.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

As improvements are being constructed within the subdivision, the building official and authorized staff or consulting engineer shall have the right to inspect improvements. The building official or authorized representative shall be specifically notified of the commencement and completion of all of the following:

(1)

Clearing and grubbing.

(2)

All utilities prior to backfilling.

(3)

All concrete structures when steel is in place prior to pouring.

(4)

Stabilized sub-grade.

(5)

Curb and concrete work.

(6)

Roadway base.

(7)

Wearing surface during application.

(b)

The failure to notify the building official of the commencement and completion of the construction may be good cause for the refusal to issue a certificate of completion.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Upon completion of construction of all required improvements, the developer shall provide the building official the following:

(1)

A letter stipulating that the construction of the improvements has been completed and requesting final inspection and approval.

(2)

The testing reports and certificates of compliance from material suppliers specified in this article.

(3)

Three (3) sets of as-built construction plans and electronic as-built drawings in AutoCAD 2000 (or newer) or comparable format.

(4)

Certification from a registered engineer, with his seal affixed, that the improvements have been constructed in conformity with the approved construction plans.

(b)

Upon receipt and review of the above items, and after satisfactory final inspection, a certificate of completion shall be issued by the building official.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

The purpose and intent of these regulations is to provide for the harmonious development of the city; to secure a coordinated layout and adequate provision for traffic within subdivisions and with other existing or planned streets; and to secure adequate provision for light, air, recreation, transportation, potable water, flood prevention, drainage, sewers, other sanitary facilities, environmental protection and city services. It is also the legislative intent that the guidelines and general standards set out in the comprehensive plan, shall be observed in the administration of these regulations, so that development which is approved under this chapter is consistent with the comprehensive plan. Natural areas, wetlands, and native vegetative areas with native habitat should be considered in the overall final design so as to minimize degradation of these areas.

(b)

In addition to the minimum requirements for construction of such improvements as roads and drainage, compliance with the intent of these regulations requires that good design be practiced in development and subdivision planning, valuable and scenic natural features be conserved and adequate open space be made available for public use. Subdivision and design for all types of development should be adapted to the peculiarities and opportunities of the site, and should utilize contemporary imaginative design. Size, shape and orientation of lots and blocks should be carefully considered with relation to future use of the various lots to be created.

(c)

It is intended that this article be liberally construed to accomplish its stated purposes.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Flexibility, good design, and layout for development of land is encouraged to promote the preservation of natural and native features of the land, wetlands and environmentally sensitive areas, historical and archeological sites, and to provide recreation and open space. This shall be accomplished by clustering development, special planned areas, transfer of development, easements, and similar design tools.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

All

required improvements shall be designed by a Florida registered professional engineer. Construction plans shall be prepared in accordance with applicable local, state and federal standards. Construction plans shall be approved by the city prior to construction of improvements, and issuance of a building permit shall constitute approval to commence development. The requirements within this division shall apply to all improvements and all development, as set forth herein, including improvements within subdivisions, planned unit developments, special planned areas, approved site plans, and any other development projects, including individual lots and parcels, where applicable. Construction plans shall address each of the following requirements and shall provide sufficient information to demonstrate compliance with all applicable requirements of these land development regulations, the Florida Building Code and any other applicable state or federal regulations.

(a)

Conformity to city policies. The division and development of land subject to these regulations shall be in conformance with the goals, objectives and policies of the comprehensive plan as well as all other applicable local, state and federal requirements regulating the division and development of land.

(b)

Use of natural features. The arrangement of lots and blocks and the street system shall make the most advantageous use of topography, shall preserve mature trees, other natural features and environmentally sensitive areas, wherever possible.

(c)

Soil and flood hazards. Development shall not be approved unless all land intended for use as building sites can be safely and reasonably used for building purposes without danger from flood or other inundation, or from adverse soil or foundation conditions, or from any other menace to health, safety or public welfare. In particular, lands that are within the special flood hazard areas or other flood-prone areas, as designated by the Federal Emergency Management Agency, shall not be subdivided and/or developed until proper provisions are made for protective flood control measures and stormwater management facilities necessary for flood-free access to the sites. All lots and building sites shall be developed such that habitable space is constructed at a minimum finished floor elevation of eight and one-half (8.5) feet above mean sea level or with two and one-half (2.5) feet freeboard, whichever is greater.

Flood protection provisions shall be approved by the administrator to assure that fill or grade level changes will not alter the historic and/or natural drainage or adversely affect other areas upstream or downstream through added runoff, obstructed waterflow, or adverse impacts to water quality.

(d)

General construction methods. All design and construction methods shall conform to the requirements of these land development regulations and all design and construction standards referenced therein including, but not limited to: Florida Department of Transportation Drainage Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways.

(e)

Paving and drainage engineering plans shall demonstrate compliance with the stormwater management provisions of section 24-89 of these land development regulations depicting all necessary elevations, treatment of intersections, design grade of pavement, the width of right-of-way, width and type of pavement. Topographic information depicting existing and proposed ditches, swales, major drainage channels and other drainage facilities and systems shall also be provided.

(1)

Typical sections showing details of proposed pavement, sidewalk, wearing surfaces, curbs, swales, canals, shoulders, slopes, drainage structures and other items of major construction.

(2)

Profile sheets of all streets and underground structures to be constructed, together with elevations shown for existing streets and utilities.

(3)

A written design recommendation for asphalt and base course designs prepared by a Florida licensed geotechnical engineer based on field testing of existing soils. Said design recommendation shall be submitted prior to the commencement of any street construction or any construction of stormwater management facilities.

(4)

Provision for erosion control. Siltation curtains, or other such erosion control barriers will be required to prevent erosion and displacement of soil or sand, and shall be shown on paving and drainage engineering plans, and shall be inspected and certified by a qualified erosion and sediment control inspector prior to the commencement of any land clearing or development.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Any new development or subdivision that is estimated to generate five hundred (500) or more average daily trips, or fifty (50) or more peak hour trips, shall be required to undertake a traffic impact study. The purpose of the study shall be to identify and assess on-site, near site and off-site transportation improvement needs related to the project within one-half mile of the property. Trip estimates shall be based on trip generation rates from the most current edition of "Trip Generation" (published by the Institute of Transportation Engineers). Trip generation rates from other sources may be used if the developer demonstrates to the city's satisfaction that the alternative source better reflects local conditions. In addition, the city manager or designee may waive the study requirement or otherwise adjust the study area boundaries based upon a reasonable determination that the project will not unduly impact the existing public transportation system.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

New residential developments and subdivisions containing five (5) or more dwelling units or lots shall provide for internal sidewalks, bike paths, or multi-use paths. It shall be the responsibility of the developer to construct such facilities and to provide connections to any other specific public facilities existing on adjoining lands.

(b)

New residential developments and subdivisions containing five (5) or more dwelling units or lots and new commercial development shall include a sidewalk within the existing or approved right-of-way. This provision may be waived by the planning and community development director if there are no existing or planned sidewalks or public facilities (i.e. parks, shopping centers, etc.) to connect to.

(c)

New development on corner lot parcels that are adjacent to an arterial road shall provide a sidewalk along the side street unless one already exists. The sidewalk shall extend the full length of the property.

(d)

New development within the central business district shall provide an eight (8) foot wide sidewalk for public use on each street frontage side of the parcel unless one already exists.

(e)

Sidewalks shall be constructed at a minimum width of six (6) feet, unless stated otherwise or this width is not possible. Sidewalks shall be placed as far away from the street pavement as possible. A shared use path at least eight (8) feet wide may be required upon the presence of nearby paths, if the location is part of an established plan for shared use paths, or if the location is an important link between existing bicycle and pedestrian facilities.

(f)

Pedestrian crosswalks may be required where deemed essential to provide circulation or access to schools, playgrounds, parks, commercial centers, transportation facilities, or other community facilities.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Concept and principles. The character, width, grade and location of all streets and bridges shall conform to the standards of this division and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by the streets.

(b)

Arrangement of streets. The arrangement of new streets within a subdivision or new development project shall:

(1)

Be interconnected with the existing street system wherever practical to provide for vehicular connections between neighborhoods. Local streets shall connect with surrounding local or connector streets to permit the convenient movement of traffic between neighborhoods and facilitate emergency access and evacuation.

(2)

New local streets shall be designed in a manner, which discourages use by through traffic.

(3)

Make provisions for the continuation of existing streets in adjoining areas and inter-neighborhood connections. Wherever a subdivision abuts undeveloped land, unplatted land, or a future development phase of the same development, street stubs shall be provided as deemed necessary by the city to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with temporary turn-around or cul-de-sacs unless specifically exempted by the public works director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.

(c)

Access to paved streets required. Every lot, development parcel or new subdivision shall have access to a paved street dedicated to public use, which has been accepted and maintained by the city. Where a proposed subdivision or development does not abut a public street, access shall be provided in accordance with this division. It shall be the responsibility of the developer to design, construct and pave streets in accordance with the requirements of this division 5 of this article. A certificate of completion shall be issued prior to acceptance of any public street by the city.

(1)

Any subdivision of land, which creates more than ten (10) residential lots shall provide two (2) separate access points, unless other provisions, such as permanent easements, are made for emergency ingress, and provided that such entrances will not adversely affect the street system.

(2)

New subdivisions, which utilize private security gates or other types of restricted access, shall provide a universal emergency access system at each entrance.

(d)

Private streets providing access to individual lots shall be constructed and maintained in accordance with division 5 of this article and the following standards:

(1)

Provision for the continued private maintenance of any private street shall be provided to the city prior to issuance of any building permit. The maintenance agreement shall be approved by the city attorney and recorded with the deed of each property to be served by the road and shall provide for:

(a)

A method to initiate and finance a private road and maintain that road in good condition;

(b)

A method of apportioning maintenance costs to current and future users;

(c)

A provision that the city may inspect, and if necessary, require that repairs be made to the private road to ensure that safe access is maintained for emergency vehicles. If required repairs are not made within six (6) months of date of notice, the city may make the necessary repairs and assess owners of parcels on the road for the cost of all improvements plus an administrative fee, not to exceed twenty five (25) percent of total costs;

(d)

A provision that the majority of all property owners on the road shall determine how the road is maintained except in the case of emergency repairs as outlined above;

(e)

A statement that no public funds shall be used to construct, repair, or maintain the road;

(f)

A provision requiring mandatory upgrading of the roadway if additional parcels are added to reach the specific thresholds; and

(g)

A provision that property owners along that road are prohibited from restricting or in any manner interfering with normal ingress and egress by any other owners or persons needing to access properties with frontage on that road.

(2)

Adequate access for emergency vehicles shall be provided for each property served by the private road.

(3)

All private roads shall be designated as such and have adequate signage indicating the road is a private road and not publicly maintained.

(4)

No private road shall be incorporated into the public road system unless it is built to public road sepcifications. The property owners shall be responsible for bringing the road into conformance.

(e)

Where the impact of new development can be demonstrated to reduce any transportation related level of service standard as established by the adopted comprehensive plan, additional right-of-way and roadway improvements may be required by the city to maintain adequate roadway capacity, public safety or to ensure adequate access, circulation and parking.

(f)

Reserve strips prohibited. Reserve strips prohibiting future access to public streets shall be prohibited except where irrevocable control of such reserve strips is placed with the city.

(g)

Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right angles, and no new street shall intersect any other street at less than a sixty-degree angle. Offset intersections, which may be created by new streets, shall be prohibited except where removal or damage to any private protected tree or public protected tree may be avoided by such offset intersection.

(h)

Property lines rounded at intersections. Property lines at street intersections shall be rounded with a radius of twenty (20) feet or a greater radius where required by the city. The city may permit comparable cutoffs or chords in place of rounded corners.

(i)

Minimum right-of-way and paving widths. Minimum street right-of-way and paving widths shall be as follows, unless otherwise indicated or required by law:

Table 5 Minimum Right-of-Way and Paving Widths

*Required for linear portion of cul-de-sacs and loop streets. See following subsection (j) for dimension of turn-arounds.

Notes:

1. These roadway design elements may be modified for extensions of existing streets to fit within available right-of-way as determined by the public works director.

2. In residential areas where right-of-way is limited, travel lane widths may be reduced in accordance with FDOT standards.

3. In industrial areas and where truck volumes are significant, twelve (12) foot travel lanes may be provided.

4. In constrained areas where truck volumes are low and design speeds are below 35 mph, ten (10) foot travel lanes may be used for collector roads.

(j)

Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited except when designed as cul-de-sacs. Dead-end streets should only be utilized where no other alternative exists.

These streets are limited to one thousand (1,000) feet in length; however, the city may approve cul-de-sacs of greater lengths, where due to topographic conditions, design consideration, or number of lots to be located on the same, a greater length may be deemed necessary. A circular turnaround shall be provided at the terminus of the cul-de-sac. The circular area shall contain right-of-way with a diameter of not less than seventy-five (75) feet as measured from adjoining property lines. The diameter of the paved area shall be not less than sixty (60) feet as measure from edge of curb. The city may authorize a "T" type design of proper size for vehicular turnaround as required by the director of public works. Temporary turnarounds shall be provided at the end of streets, which are to be extended in the later stages or phases of the development.

(k)

Street names and house numbers. The assignment of addresses shall be determined by the building official.

(l)

If a subdivision abuts a street right-of-way that does not conform to the designs specifications provided in this code, the developer may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

(m)

Signage, pavement markings, and signalization. The developer shall provide all necessary roadway signs, pavement markings, and traffic signalization as may be required by the city, based upon the guidelines in the Manual of Uniform Traffic Control devices, or alternative city standards.

(n)

If located within a special flood hazard area, new streets required for subdivision of five (5) or more lots shall be constructed so that the crown of the road is at or above the established base flood elevation.

(o)

Alleys shall be provided wherever possible at the rear lot lines of all commercial and industrial subdivisions.

(p)

Alleys may be provided in residential districts subject to the following:

(1)

Alleys shall not provide access to more than fifteen (15) residential lots per side of the alley.

(2)

Alleys providing access to more than five (5) residential lots shall terminate at both ends with a local street.

(3)

Dead-end alleys are only permitted when providing access to no more than five (5) residential lots. Such alleys shall provide adequate turn around facilities at the dead-end.

(q)

When a new subdivision is created, lots abutting an arterial or collector road are prohibited from having direct access to that arterial or collector road. Instead, access to these lots shall be from an interior local street or alley and access rights to the arterial or collector road shall be dedicated to the city and run with the land.

(r)

Local streets should not be over-designed or over-built (i.e. excessive width) and should be designed to discourage excessive speeds through the use of curvilinear alignment, chicanes, and similar design strategies.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Placement of utilities underground. Utility lines of all kinds, including those of franchised utilities, electric power and light, telephone, cable television, water, sewer, and gas shall be constructed and installed underground within easements or dedicated rights-of-way. The underground installation of incidental appurtenances such as transformer boxes, pedestal-mounted terminal boxes, meter boxes for electricity or similar service hardware necessary for the provisions of electric and communication utilities shall not be required. Underground placement of utilities may be waived under one (1) or more of the following conditions:

(1)

It is determined by the JEA or public works department that soil, topographical or another compelling condition makes the underground installation of the utility lines as prescribed herein unreasonable or impracticable.

(2)

Subdivision of less than five (5) lots if the service to an adjacent area is above ground and no further development of the proposed subdivision is contemplated.

(3)

Lots abutting existing easements or public rights-of-way where above ground electric, telephone, or cable television distribution supply lines and service connections have been previously installed may be supplied with such services from the utilities' overhead facilities.

(b)

Utilities and critical facilities shall not be located within a special flood hazard area or any flood prone areas as identified by the city's most recent coastal vulnerability assessment. If location outside of these areas is impracticable, utilities shall be elevated or constructed to minimize or eliminate risk of flood damage.

(c)

Electricity. Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

(d)

Illumination. All roads, sidewalks, bikeways, parking lots, and other common areas and facilities in developments shall provide sufficient illumination to ensure the security of property of persons using such areas and facilities.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

Utilities. When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable operation and maintenance of such facilities. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary, and shall be at least fifteen (15) feet wide and shall extend from street to street. All stormwater and utility easements shall be permanent easements, irrevocable and without reservation, unless any changes are approved by the city. Utility easements shall be located to minimize risk of flood damage and, where possible, shall not be located within a special flood hazard area or other flood prone areas as identified within the city's most recent coastal vulnerability assessment.

(b)

Drainage and watercourses. Where a development is traversed by a watercourse, canal, drainage way, nonnavigable channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width as will be adequate for the purpose of access for maintenance, and to provide for the unrestricted flow of the intended volume of water.

(c)

Other drainage easements. Other easements may be required for drainage purposes of such size and location as may be determined by the administrator.

(d)

Pedestrian and service easements. Where necessary for safety and convenience, pedestrian and service easements or rights-of-way may be required. Where existing right-of-way is insufficient to provide a sidewalk at least six (6) feet in width, a pedestrian easement may be required to provide necessary pedestrian facilities.

(e)

No city expense. Easements required by these land development regulations within proposed developments shall be provided at no expense to the city.

(f)

The abandonment or vacation of beach access easements shall be prohibited.

(g)

Conservation or similar easements may be required to conserve and protect open space, floodways, floodplains, wetlands, water recharge areas, environmentally sensitive lands, wildlife habitat, or historic features.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

General. The lengths, widths and shapes of blocks shall be determined with due regard to:

(1)

Provision of adequate building sites suitable to the special needs of the use contemplated.

(2)

Zoning district requirements as to lot sizes and dimensions.

(3)

Needs for convenient access, circulation, control and safety of street and pedestrian traffic and fire protection.

(4)

Limitations and opportunities of topography, with special emphasis on drainage of the proposed development and the possible adverse effects of that drainage on surrounding properties.

(b)

Block lengths. Block lengths shall not exceed one thousand two hundred (1,200) feet between intersecting streets, except that the city commission may approve blocks of greater length.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

General. Lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the development and for the type of development and use proposed. Lot arrangement and design shall be such that all lots shall provide satisfactory and desirable building sites. Minimum sizes for lots shall be as set forth within the applicable zoning district requirements.

(b)

Dimensions. Lot dimensions shall conform to the requirements of article III of this chapter, and the depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development proposed.

(c)

Residential corner lots. Corner lots for residential use shall have extra width, greater than a corresponding interior lot, to accommodate the required building setbacks from any orientation to both streets.

(d)

Street access. All lots shall be provided with satisfactory and permanent access to a paved public street or approved private street. No new lot shall be created, which prohibits established access or reasonable access from an abutting property to a street.

(e)

Double frontage (through) lots. Creation of new residential lots having double street frontage shall be avoided except where rear-access development is approved to improve access management and pedestrian safety.

(f)

Building restriction lines. The developer shall establish building restriction lines in accordance with approved final subdivision plat, and such building restriction lines shall be shown on the recorded plat. Building restriction lines may be required on any land which is found to be unsuitable for development use by reason of its being subject to flooding.

(g)

Flood protection.

(1)

Lots and buildable areas of new lots shall not be located within special flood hazard areas where possible and lot arrangement shall aim to avoid or minimize potential for flood risks.

(2)

The buildable area of any new lot in a subdivision shall not be within fifty (50) feet of a regulatory floodway as designated by FEMA on the most recent FIRM.

(h)

Flag lots. Flag lots are not permitted unless deemed necessary to preserve or minimize impacts to environmentally sensitive lands or minimize flood risks.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

New subdivisions containing ten (10) or more acres shall be required to provide a minimum of one (1) acre dedicated for recreation purposes within the subdivision. A requirement of one (1) acre per each ten (10) acres, or fractional portion thereof, shall be required for new subdivisions exceeding ten (10) acres in size. A minimum of fifty (50) percent of lands required for recreation shall contain active recreation facilities such as ball-fields or multi-purpose fields, tennis courts, skate park facilities, swimming pools and the like. There is not a payment-in-lieu option for providing this recreation.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

The developer shall be required to clear all rights-of-way and to make all grades, including all grades for streets, alleys and drainage, consistent to grades of the approved construction plans. All debris shall be removed from rights-of-way. In the interest of the preservation of existing protected trees, or environmentally sensitive areas, or other natural features, the city may vary from this section where aesthetic and environmental conditions shall be enhanced. No rights-of-way shall be cleared prior to approval of construction plans, and issuance of a site clearing and tree removal or relocation permit as required by chapter 23 of the Code of Ordinances. Installation of required erosion and sediment control BMPs must be completed and inspected prior to beginning clearing operations.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)

(a)

New subdivisions shall be required to provide centralized water and sanitary sewer systems.

(b)

The use of private wells shall be in accordance with the requirements of Chapter 64E-8, FAC and septic tanks shall be in accordance with the requirements of Chapter 64E-6, FAC.

(c)

New septic tanks on existing lots of record shall be subject to state and county regulations.

(Ord. No. 90-24-253, § 3(Exh. A), 10-14-24)