(A)   General purpose. It is the purpose and intent of this subchapter to promote and safeguard the public health, safety, comfort and welfare and to ensure that lands within the town are developed in an orderly progressive and harmonious manner.

   (B)   Intent. It is the intent of this subchapter to accomplish the following:

      (1)   Establish minimum design standards for subdivisions and land development;

      (2)   Encourage that land be developed with due regard to the preservation and/or promotion of its natural beauty;

      (3)   Ensure that land development promotes the safe and unimpeded flow of vehicular and pedestrian traffic;

      (4)   Ensure the development of adequate educational, recreational and community service facilities;

      (5)   Ensure, through review of plans, on-site inspection and engineer certification, that required improvements meet minimum town standards;

      (6)   Set forth basic criteria and procedures to ensure that these regulations are enforced;

      (7)   Promote the efficient use of utilities and public facilities; and

      (8)   Ensure that land be developed with proper drainage facilities.

(Ord. 1-90, passed 1-31-1991)

   The regulations as herein set forth shall apply to all subdivisions and land development within the town, including the construction or development of mobile home residential lots and/or parcels and all commercial subdivision or development.

(Ord. 1-90, passed 1-31-1991)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALLEY. Right-of-way providing a secondary means of access and service to abutting property.

   BLOCK. Group of lots existing within well defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers.

   BOARD. Any board appointed by a municipality, county commission or state agency, such as the planning and zoning board, area planning board or the governing board of a drainage district.

   CUL-DE-SAC. Street terminated at the end by a vehicular turnaround.

   DEVELOPER. Person who applies for approval of a subdivision plat.

   EASEMENT. Any strip of land created by a subdivider for public or private utilities, drainage, sanitation or other specified uses.

   GOVERNING BODY. Board of county commissioners or the legal governing body of a county, municipality, town or village of the state.

   IMPROVEMENTS. Includes street pavements, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments (P.R.M.s), permanent control points (P.C.P.s), or any other improvement required by law.

   LAND SURVEYOR. Land surveyor registered under F.S. Ch 472 who is in good standing with the Board of Land Surveyors.

   LOT. Includes tract or parcel and means the least fractional part of subdivided lands having limited fixed boundaries.

   PLAT. Map or delineated representation of the subdivision of lands, being a complete and exact representation of the subdivision, together with other information in compliance with all applicable requirements.

   PUBLIC UTILITY. Includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service or telephone line, whether underground or overhead.

   RIGHT-OF-WAY. Land dedicated, deeded, used or to be used for street, alley, walkway, boulevard, drainage facility, access for ingress and egress, or other purposes by the public or private parties.

   STREET. A public or private thoroughfare which affords any means of access to property. This definition shall include any accessway, such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended solely for limited utility purposes, such as electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers and easements of ingress and egress.

   SUBDIVISION. Platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, and includes establishment, of new streets and alleys, additions and resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

   SURVEY DATA. All information shown on the face of a plat that would delineate the physical boundaries of a subdivision and any parts thereof.

(Ord. 1-90, passed 1-31-1991)

   (A)   General requirements. The plat for a subdivision or development shall contain the requirements hereinafter enumerated.

   (B)   Title certification. Every plat of a subdivision submitted to the approving agency of the local governing body must be accompanied by a title opinion of an attorney at law licensed in the state or a certification of an abstractor or a title company showing that the record title to the land described and shown on the plat is in the name of the person, persons, corporation or entity executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has record title to the land. The title opinion or certification shall also show all mortgages not satisfied or released of record not otherwise terminated by law.

   (C)   Qualification of person making survey and plat certification. Every subdivision of lands made within the provisions of this subchapter shall be made under the responsible direction and supervision of a land surveyor who shall certify on the plat that the plat is a true and correct representation of the lands surveyed, that the survey was made under his or her responsible direction and supervision, and that the survey data complies with all of the requirements of this subchapter. The certification shall bear the signature, registration number and the official seal of the surveyor.

   (D)   Dedication by developer. Every plat of a subdivision filed for record must 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.

   (E)   Approval by town. 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 town has been secured and recorded in compliance with this section, 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 town to perform any act of construction or maintenance within such dedicated areas except when the obligation is voluntarily assumed by the town.

   (F)   Roads, streets and trafficways. No subdivision or development will be approved which contains a structure or use which would interfere with the existing cross-section of a roadway shown on the County Traffic Plan or shown on any other appropriate plan maintained by the town. No subdivision or plat shall be approved which requires that State Road A1A be widened.

   (G)   Technical requirements for plats. Every plat of a subdivision offered for recording shall conform to the technical requirements set forth in F.S. Ch. 177.091, and otherwise be in proper form and content for recording in the public records of the county.

(Ord. 1-90, passed 1-31-1991)

   (A)   Compliance with law. A subdivision shall be platted and subdivided, and shall be developed in accordance with the requirements and regulations of this subchapter. In addition, all subdivisions and land development shall comply with the minimum requirements of F.S. Ch. 177.011 through 177.151, Part 1.

   (B)   Areas which may be developed. In no case shall any subdivision take place which creates a parcel of ground which cannot be developed under the zoning requirements or land development requirements of the town.

   (C)   Plat Submission to Town Council. Prior to any subdivision of lands within the town as set forth above, a plat of subdivision shall be prepared. Said plat shall be reviewed and approved by the Town Council and evidence of its approvals placed thereon before a plat is recorded in the public records of the county.

   (D)   Unsuitable lands. Unless adequate methods of correction are formulated and approved in accordance with the provisions of this subchapter, land which is determined to be unsuitable, by the engineer retained by the town, for subdivision or land development due to poor soil quality, flooding or drainage or other features likely to be harmful to the health, safety and general welfare of future residents, shall not be subdivided or developed.

   (E)   Exceptions to submission requirements. In the case of subdivision or land development of a small tract of land not exceeding one acre in size, for purposes of lots for residential mobile home use, upon petition to the Town Council by the developer or owner, the Town Council may at its option waive all or portions of this subchapter as the Town Council may desire.

   (F)   Submission of preliminary plat. Where land is to be subdivided or developed, a preliminary plat, which shall mean the same as the preliminary site plan of the development, shall be prepared by an architect or engineer, licensed by the state, which shows the following:

      (1)   The location, size and topography of the site;

      (2)   Land ownership;

      (3)   Existing and proposed streets and easements;

      (4)   Location, size and use of existing and proposed building and structures;

      (5)   Traffic circulation plan;

      (6)   Traffic impact statement;

      (7)   Landscaping plan;

      (8)   Lighting and signage;

      (9)   Proposals for disposing of sanitary waste and storm water and for providing public water facilities prepared by a registered professional engineer;

      (10)   Proposed density of land use for each development parcel within the project; and

      (11)   The location, size of open space and recreation areas.

   (G)   Design criteria. For all new subdivisions, the applicant shall follow the design criteria established pursuant to the county subdivision ordinance. Changes, variations and alterations to this design criteria shall be allowed provided that they are agreed to in writing by the Town Council and the applicant, and such changes are consistent with this chapter.

   (H)   Review by Planning and Zoning Board. The Planning and Zoning Board shall review the application for the proposed plat, which is the same as the site plan for the development, and make its recommendation to the Town Council.

   (I)   Preliminary approval by Town Council. The Town Council shall receive the proposed plat with the recommendation of the Planning Board for its review. Upon finding all conditions for platting having been met, the Town Council shall grant preliminary approval of the plat and instruct the applicant to prepare the final plat document in the form and content required for filing in the official records of the county.

   (J)   Changes to preliminary plat. The developer’s surveyor may at any time, after approval of the preliminary plat or development plan present the final plat for review by the engineer retained by the town. The plat shall be prepared by a registered surveyor and shall comply with F.S. Ch. 177, and amendments thereto.

   (K)   Review and submission to Town Council. The engineer retained by the town shall review the plat for compliance to these regulations and submit it to the Town Council for approval. The town shall furnish the developer’s surveyor written notice of the Town Council’s approval when the plat is found to comply. If deficiencies are found in the plat, the engineer retained by the town shall furnish through the Town Clerk a written statement of the deficiencies. The Town Council, at its discretion, may refuse to process a plat of an additional unit of a subdivision or land development in which previous units have not been completed.

   (L)   Final plat recording requirements. Final plats for subdivisions in the town shall not be recorded until the developer has installed the required improvements or has guaranteed to the satisfaction of the town that such improvements will be installed.

(Ord. 1-90, passed 1-31-1991)

   (A)   Purposes and intent. The developer shall provide such facilities as may be needed to drain the subdivision or land development to positive outlets that can be legally maintained in permanent use, or into a public system of adequate capacity which discharges into such positive outlets, including all rights-of-way, easements and necessary construction at no expense to the town. Side ditches along public roads may not necessarily be considered as such public drainage systems or positive outlets. Wherever technically feasible within current design standard storm sewers and treatment facilities shall be provided to control storm water quality by providing for on-site percolation and/or detention or any other appropriate treatment facilities for storm water.

   (B)   General drainage specifications. Drainage piping of all kinds shall be fitted with headwalls, endwalls, inlets or other appropriate terminating or intermediate structures; the design of headwalls, endwalls, inlets, catch basins, manholes, ditch paving, box culverts and minor drainage and related structures in general shall broadly follow current State Department of Transportation practices. Piping used within a storm sewer shall be 15 inches in diameter or larger. Distances between terminating or intermediate structures shall not exceed 400 feet without the construction of a maintenance inlet or manhole.

   (C)   Requirements for a complete drainage system. A complete system shall be provided for draining roads, streets, alleys and other areas in the subdivision or land development, and for handling drainage run-off that enters or crosses the subdivision or land development. The system shall be designed according to accepted engineering principles for rainstorms of the maximum intensity predicted for the county area at three-year intervals according to current State Department of Transportation charts and data. The run-off coefficients used shall be those which will be applicable to the areas involved after complete development has occurred. The drainage systems shall be designed for long life, low maintenance cost, and ease of maintenance by normal maintenance methods.

   (D)   Swales, curbs and gutters. When there is sufficient width for road rights-of-way, the development shall be designed so as to provide roadside swales or curbs and gutters or both. Such drainage improvements shall be located within the right-of-way and shall have slopes that parallel the centerline road grade. Swales and small ditches of similar size and capacity shall have slopes not flatter than 0.0025 foot per foot in the direction of the flow. Ditch pavement or other adequate permanent protection against scour or erosion shall be provided where necessary. Run-off in excess of the capacity of swales and gutters shall be diverted therefrom and carried away in storm sewers or in outfall ditches or by other means separate from the roads and streets. Road grades shall be shown on the development plans by the direction and percentage of fall and with the centerline lineal distance between the control points. Minimum road grades for swaled and guttered sections shall be 0.0025 per foot.

   (E)   Drainage outfalls. Outfall ditches and other open channels shall be designed so they will not overflow their banks; and if practicable, they shall be designed for flow velocities that will not cause scour or erosion. Where higher velocities must be used, ditch pavement or other adequate permanent protection against scour or erosion shall be provided.

   (F)   Hydraulic gradient. The hydraulic gradient for storm sewer systems shall be so designed that the down-stream end of the gradient is at the high-water elevation for the design storm. Storm sewers are to be designed flowing full with the hydraulic gradient at the grate of the critical inlet.

   (G)   Drainage design report. The design data of the drainage system shall be submitted along with the construction plans in a report form prepared by the developer’s engineer indicating the method of control of storm water and groundwater, including the method of drainage, existing water elevations, recurring high water elevations, proposed design water elevations, drainage structures, canals, ditches and any other pertinent information pertaining to the system. The drainage system shall be designed using acceptable engineering principles with consideration being given to the protection of all future buildings from a one-in-100-year storm. In addition, the systems shall provide for the necessary maintenance of groundwater levels to prevent over drainage for the intended land use.

   (H)   Accommodation of contributory drainage. The system shall provide for the drainage of lots, streets, roads and other public areas including surface waters which drain into or through the property. The design for drainage of the subdivision or land development must be adequate to provide for surface water drainage of adjacent contributory areas. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way shall be provided for future needs; however, the developer may be permitted to excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so warrants, as determined by the engineer retained by the town for such purpose.

   (I)   Drain pipe requirements. Pipe shall be sloped and structures channeled to develop sufficient scouring to minimize sediment. The pipe used in the system shall be reinforced concrete or metal meeting ASTM, ASSHTO and current State Department of Transportation specifications. Concrete pipe shall have gasket joints, meeting the requirements of ASSHTO. Metal pipe will not be used beneath the pavement or parallel within the right-of-way. Drainage pipe shall be fitted with headwalls, endwalls, inlets and other appropriate terminating and intermediate structures. structure design shall meet or exceed town and county standards.

   (J)   Rainfall run-off management. Rainfall run-off, surface waters and groundwaters shall be managed in subdivisions and land developments to minimize degradation of water quality, nutrients, turbidity, debris and other harmful substances, and maximize percolation and detention to promote the reuse of this resource. Storm water treatment facilities shall be designed, sized and performance evaluated to accommodate as a minimum requirement a three-year storm. Run-off from roads, parking lots, roofs and other impervious surfaces should be directed over areas where percolation into the soil can be accomplished prior to introduction into any storm sewer or other receiving facilities. Pervious areas shall be covered with vegetation.

   (K)   Run-off flow distance. The maximum recommended run-off flow distance over impervious surfaces before being diverted to percolation areas should be 50 feet, excluding building roofs, recreational areas, roadway gutters and storm sewers.

   (L)   Percolation areas for run-off. Run-off which must be carried directly into the closed storm sewer system without previously crossing percolation areas should be discharged to percolation areas prior to conveyance to on-site receiving waters in order to promote detention, disposition of silt and other particulates and the removal of nutrients or other undesirable constituents in the water prior to discharge from the subdivision or land development. Water storage and detention capabilities of on-site bodies of water shall be governed by the discharge limitations of the area. Temporary ponding is allowable in areas where specifically designed.

   (M)   Minimum drainage accommodation. The minimum capacity of the town’s storm drainage facilities shall be designed and maintained so as to accommodate the run off caused by one inch of rainfall in a period of one hour.

   (N)   Drainage easements. In order to accommodate adequate drainage facilities, canals or ditches of sufficient width and capacity, according to the engineer’s certified design standards, shall be acceptable to the town. For purposes of maintenance and control, such canals or ditches shall be placed under the authority of the drainage district having jurisdiction, or a property owners’ association or corporation formed for such purpose, or the town. Drainage easements shall be provided to facilitate surface waters from contributory areas. When a subdivision or land development is traversed by or develops canals, watercourses, lakes, streams, drainage ways or channels, there shall be provided a drainage easement of right-of-way conforming substantially with the lines of such watercourse and of such further width or construction or both, as will be adequate for the purpose.

   (P)   Alternate drainage treatment. Alternate treatment methods or facilities which in the opinion of the engineer retained by the town for such purpose, are equal or superior to the above requirements may be approved. Applications for such approvals shall be accompanied by written data, calculations and analyses which show, by accepted engineering principles, that the alternate treatment methods or facilities are equal or superior to those specified.

   (Q)   Variance request. In the event that the engineer retained by the town for the purpose of designing a storm water management system or facility concludes that the drainage criteria and design requirements of the South Florida Water Management District, or those provided within this subchapter, can not be met by reason of the location of presently existing improvements, vested property rights, insufficiencies in the dimensions of area, length, width or elevation of the land area under consideration for drainage improvements, or for other reasons based upon sound engineering principles, the town may submit an application to the South Florida Water Management District for a variance to the aforesaid requirements for drainage, or apply for a project permit approval for an alternate designed system, which, if issued, shall govern and control the town’s proposed drainage improvement project.

(Ord. 1-90, passed 1-31-1991)