A code establishing subdivision regulations in the City of DeFuniak Springs, Florida, relating to the establishment of standards for subdivisions; to prescribe standards of improvements to be provided by the developer; to establish standards for the efficient, adequate, and economic supply of public facilities; to establish criteria for prevention of traffic hazards; to establish safe and convenient means for circulation of traffic; to establish provisions for protective flood control measures and drainage facilities, to establish provisions for open spaces in new land development; to establish procedures for preliminary and final approval of plats; to establish provisions for modification and exemptions to subdivisions; to establish penalties for violation of the code; and providing for an effective date.

(Ord. No. 881, § 18.24, 6-26-2017)

This article shall be known as the "Subdivision Regulations of DeFuniak Springs, Florida."

(Ord. No. 881, § 18.25, 6-26-2017)

As per Florida Statutes Chapters 125, 163, and 177, incorporated municipalities and counties, individually or in combination, are authorized and empowered to adopt, amend or revise and enforce measures relating to subdivisions.

(Ord. No. 881, § 18.26, 6-26-2017)

The area subject to these regulations shall be all property within the city limits of DeFuniak Springs, Florida.

(Ord. No. 881, § 18.27, 6-26-2017)

The public health, safety, comfort, economy, order, appearance, convenience, morals and general welfare require the harmonious, orderly, and progressive development of land within Florida. In furtherance of this general purpose cities are authorized and empowered to adopt, amend, or revise and enforce measures relating to land subdivision.

Such measures are intended to:

(1)

Aid in the coordination of land development in accordance with orderly physical patterns, and discourage haphazard, premature, or scattered land development.

(2)

Ensure safe and convenient traffic control and adequate utilities.

(3)

Prevent periodic flooding.

(4)

Ensure that taxpayers will not have to bear the costs resulting from haphazard subdivision activities.

(5)

Ensure the installation of adequate physical improvements, recreational open spaces, and educational facilities.

(6)

Serve as an instrument of comprehensive planning.

(Ord. No. 881, § 18.28, 6-26-2017)

These regulations shall be administered and coordinated by the planning board. It is the responsibility of the planning board to carry out the provisions of this ordinance and make recommendations as to the suitability of proposed subdivisions.

Except as provided by section 18-34, no person shall divide any parcel of property into three (3) or more parcels, any one (1) of which is less than two (2) acres in size without complying with the provisions of this article. In addition no street shall be accepted and maintained by the city, nor shall gas, water, or sewer be extended, nor shall any permit be issued by a representative of the city for the construction of any building or other improvement requiring a permit for any subdivision created subsequent to the adoption of this article unless a plat thereof has been approved by the city council and has been duly recorded.

Any person refusing to comply or found to be resisting enforcement of this article shall be subject to the penalties specified in section 18-40.

(1)

Pre-application conference. The developer is encouraged to contact the planning director to discuss tentative subdivision plans prior to the submission of the preliminary plat. At this time the developer may discuss, informally, preliminary sketches and plans for subdividing, and thus facilitate the preparation and review of both preliminary and final plats.

(2)

Preliminary plat submission. Preliminary plat submission shall consist of ten (10) black or blue line prints of the proposed subdivision, prepared and signed by a Florida registered surveyor or engineer. The preliminary plat shall be at a scale of not less than forty (40) feet to the inch, showing the true north arrow, and contain the following information:

a.

The name of the owner and the name of the subdivision.

b.

A legal description of the location of the tract to be subdivided along with the boundary survey of said tract and total acreage or square footage.

c.

The location of any existing property lines, rights-of-way, streets, driveways, sidewalks, power distribution lines, sewer, gas, water mains, drainage facilities, and public utility easements within the boundaries of the tract and for a distance of one hundred fifty (150) feet outside these boundaries.

d.

Contours at one (1) foot intervals and the location of major topographic and natural features, including wooded areas, marshes, and water bodies which might affect the development of the site.

e.

Proposed lot and block boundary lines; the dimensions of all lots and blocks; the numbers of all lots and blocks.

f.

The location and widths of all sidewalks, streets and intersections; the radii of all curves.

g.

Proposed recreational and open space facilities.

h.

Proposed means of water supply, and the location of any proposed water mains.

i.

Proposed means of sewage disposal along with the location of any proposed sewer mains.

j.

The location of any existing or proposed subdivisions, public schools, recreational areas, parks, or easements within one hundred fifty (150) feet of the plat.

k.

Proposed street lighting.

l.

Proposed electrical service and location of wiring.

m.

Proposed phone service and location of wiring.

n.

Proposed cable TV service and location of wiring.

(3)

Preliminary plat approval. Preliminary plat information will be reviewed by the planning board within one (1) month of submission to it. At a regularly scheduled meeting the planning board shall make a note of all deviations from the requirements of the ordinance, if any, and inform the subdivider of their recommendation. If requested, the planning board shall hear comments from the subdivider or his representative. The report of the city engineer and planning director concerning the subdivision shall be presented to the planning board and the developer prior to the formal decision concerning the preliminary plat. Upon approval of the preliminary plat by the planning board, the developer must submit a final plat within eighteen (18) months. Failure to comply with the eighteen (18) month submission deadline for final plat approval (or failure to apply for and receive an extension of time) will result in the lapse of preliminary plat approval.

a.

Upon approval of the preliminary plat, copies shall be retained by the city engineer and the planning director.

b.

Upon approval of the preliminary plat, the subdivider shall prepare plans for improvements to be installed in the subdivision. Said plans shall conform to the requirements set forth in section 18-37 and 18-38.

(4)

Final plat requirements. The subdivider shall submit to the planning board within eighteen (18) months from the date of preliminary plat approval, and prior to acceptance of the subdivision construction by the city, the original drawing (as prescribed by F.S. Ch. 177) of the final plat and ten (10) black or blue line prints of the final plat (24"x36") along with evidence of title. The subdivider shall also submit three (3) copies each of final plans and specifications for drainage, streets and other improvements along with a detailed cost estimate of all improvements being installed when the installation of such improvements is being guaranteed by bond or escrow. More specifically, the final plat shall include all information provided at preliminary plat submission and:

a.

The name of the subdivision along with the metes and bounds legal description including section, township, range, city, county, and state.

b.

True north arrow and graphic scale.

c.

All plat boundary lines with accurate distances measured to hundredths of a foot, and bearings in minutes, degrees, and seconds.

d.

Accurate location of all permanent reference monuments, and permanent control points set according to F.S. Ch. 177. Reference monuments shall consist of materials and specifications as required in F.S. Ch. 177.

e.

The exact layout of the subdivision including:

f.

All lot lines with dimensions, in feet and hundredths, and bearings in degrees, minutes, and seconds.

g.

Lots and blocks in numerical order.

h.

Street and alley lines, their bearings, angles of intersection, and width.

i.

All easements and rights-of-way.

j.

All pertinent curve data such as length of all arcs, chords, radii, locations of points of curvature and points of tangency, tangent bearings, and lengths, and delta angles.

(4)

Final plat approval. Upon receipt of the final plat, the planning board shall forward copies to the city engineer, the county health department, the city building and planning department, and the utility companies servicing the subdivision. The recommendation of the planning board will be made within sixty (60) days. If the final plat is found lacking, the developer will be so informed and given thirty (30) days to modify the plat before the planning board acts to reject it.

Upon approval of the final plat by the planning board the final plat will be transmitted to the city council for their approval. After having received the approval of the city council, the final plat shall be signed by the mayor. The approved final plat shall then be conveyed by the subdivider to the city council for filing with the county clerk. The signed plat together with two (2) reproducible copies and one (1) original must be submitted for recording within two (2) weeks of council approval or the plat must be reprocessed. Before any final plat can be accepted by the city, and before any lot can be sold in the proposed subdivision, one (1) of the requirements of section 18-30 must be satisfactorily completed.

(Ord. No. 881, § 18.29, 6-26-2017)

Improvement guarantees shall be provided to insure the proper installation and maintenance of required street, utility and other improvements. No final plat of any subdivision shall be granted approval by the city council until the subdivider has satisfactorily guaranteed that improvements required under this ordinance shall be installed. Such improvements shall be made within a specified period of time, not to exceed two (2) years, unless extended by the city council. Said performance and maintenance guarantee shall be made in the following manner:

(1)

A performance bond executed by an underwriting company registered to do business in the State of Florida, payable to the City of DeFuniak Springs in an amount equal to one hundred twenty (120) percent of the cost of improvements, as determined by the engineer of record.

(2)

A cash deposit in an escrow account in sufficient amount to assure completion of improvements, as determined by the city engineer.

For larger projects where the subdivision is developed incrementally or phased, performance bonds may be accepted for each phase by the city council.

In the event other entities (other than the city) or public utilities automatically will own the utilities to be installed, no surety guarantee will be required by the city council.

(Ord. No. 881, § 18.30, 6-26-2017)

Upon notification by the developer or his engineer of completion of subdivision infrastructure improvements and receipt of as-built plans prepared by the engineer of record, the planning director shall review infrastructure improvements and make recommendations to the city council.

Building permits shall not be issued for any lot in a recorded subdivision until the city council has approved all subdivision infrastructure improvements.

(Ord. No. 881, § 18.31, 6-26-2017)

The subdivider shall provide a one (1) year unconditional warranty of all infrastructure improvements. Said warranty shall begin at time of city council approval of all subdivision infrastructure improvements. All deficiencies occurring during this one (1) year warranty period shall be corrected by the subdivider. Additionally, the subdivider shall provide a maintenance bond executed by an underwriting company registered to do business in the State of Florida for a period not to exceed one (1) year after the final acceptance of the improvement equal to fifteen (15) percent of the cost of the improvements.

(Ord. No. 881, § 18.32, 6-26-2017)

In addition to subdivision review fees adopted by resolution from time to time by the city council, at the time of filing the final plat, the subdivider shall pay a fee to the city in the amount as follows:

(1)

Twenty-five ($25.00) plus one dollar ($1.00) for each lot over twenty-five (25) in number.

(2)

The subdivider shall pay all recording fees.

(Ord. No. 881, § 18.33, 6-26-2017)

(a)

Minor subdivisions. Minor subdivisions as herein defined shall not be required to comply with the requirements of this ordinance. Such developments shall be recorded by deed and filed by metes and bounds or boundary line descriptions.

(b)

Inheritance. Any divisions of land directly from inheritance, either by testate or intestate, shall be exempted from the provisions of this ordinance, provided that such division is not accomplished through recorded plats.

(c)

Deed of gift. Any deed of gift, for any parcel of land given without valuable consideration to any members of the donor's immediate family shall be exempted from the provisions of this ordinance provided that such divisions is not accomplished through recorded plats.

(d)

Non-residential subdivisions. Subdivisions designed and used exclusively for non-residential commercial purposes need meet only those standards specified by F.S. Ch. 177. Should any lot so exempted be used for residential purposes, said lot shall be replatted in compliance with the provisions of this ordinance.

(Ord. No. 881, § 18.34, 6-26-2017)

(a)

Action of owner. The owner of any land subdivided into lots may file a final plat for the purpose of showing such land as acreage. The filing of such a final plat shall be according to the provisions of section 18-29, and shall conform to the standard procedure for the filing of final plate.

(b)

Action of city council. The city council may order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction provided that:

(1)

The plat was lawfully recorded not less than two (2) years before the date of such action;

(2)

No more than ten (10) percent of the total area of such subdivision has been sold as lots by the original subdivider or his successor in title.

(c)

Public hearing. As per the requirements of F.S. Ch. 177, a public hearing shall be held on any proposal for vacation and reversion of land to acreage.

(d)

Access to acreage. No owner of any parcel of land in a subdivision shall be deprived of reasonable access to such parcel as a result of reversion to acreage.

(Ord. No. 881, § 18.35, 6-26-2017)

Where strict adherence to the provisions of this article would cause an unnecessary hardship due to topographical or other conditions peculiar to the site, or strict adherence to this article is impossible or impractical, the planning board may recommend and the city council authorize a variance. Such a variance shall apply only to the requirements directly affecting the particular hardship, and shall not be detrimental to the intent of this ordinance. Any request for a variance shall be submitted in writing to the planning board, reviewed by city staff, and then transmitted to the city council.

(Ord. No. 881, § 18.36, 6-26-2017)

(a)

General. The design of any subdivision in the city shall conform to the adopted city master plan as it relates to land uses, traffic circulation, and the general development of the city. Subdividers should make every effort to conform to the natural topography and features of the tract in improving the tract, and in establishing the size and shape of blocks and lots. The subdivider should also take steps to insure the preservation of existing trees, water courses, and other natural features of the land.

(b)

Public facilities.

(1)

A subdivider shall dedicate a minimum of five (5) percent of the gross area of the subdivision for public recreation purposes.

a.

At the discretion of the city council, the developer may pay cash in an amount equal to five (5) percent of the gross value of the subdivision, said value to be estimated on a basis of platted land without improvements.

(c)

Park. Where a proposed park, school site, or other major public facility shown on the adopted city plan is located in whole or in part within a proposed subdivision, that portion of the plat encompassing the planned public site may have approval withheld for a reasonable time (not to exceed one (1) year), to provide for the appropriate public agency to acquire the site.

(d)

Streets. The layout of streets in any subdivision shall conform in the official city circulation plan (which may indicate the need for corridor preservation) as well as existing streets and thoroughfares.

(e)

Proposed alignment. A proposed street system shall be continuous and extended in alignment with existing or planned streets with which they are to connect.

(f)

Intersecting streets. Proposed streets shall intersect at an angle of no less than seventy-five (75) degrees. Unaligned intersections shall be separated by a minimum of one hundred twenty-five (125) feet between center lines.

(g)

Rights-of-way. All streets shall have a minimum right-of-way width of sixty (60) feet.

(h)

Blocks.

Length. Residential blocks shall not be more than six hundred (600) feet in length.

Width. Blocks shall have sufficient width to provide for two (2) feet of lots except when prevented by unique topographical or natural conditions.

(i)

Lots. Lot sites shall conform to the standards set forth in the city's zoning ordinance, and shall front on a street dedicated to public use. In those areas not zoned, lot sizes shall be determined by the following table:

Lot lines. Lot lines shall be at approximate right angles to street right-of-way lines on which they abut.

Corner lots. Corner lots for residential use shall have sufficient additional width to comply with front yard setback requirements on both streets.

Depth. Excessive depth in relation to width is to be avoided. Residential lots fronting on collector streets or primary roads shall have sufficient extra depth to permit a buffer zone between the building line and the street.

Frontage. Double frontage and reverse frontage lots are to be avoided.

Width. Residential lots shall be at least sixty (60) feet wide at the building setback line, except in mobile home subdivisions where the lots must be forty (40) feet wide.

(Ord. No. 881, § 18.37, 6-26-2017)

(a)

General. All improvements and construction activities required under the city subdivisions regulations shall take place according to plans approved by the city engineer. The plans submitted to the city engineer shall bear the signature of the professional engineer responsible for the project.

(b)

Road and street construction.

(c)

Clearing and Grubbing. Clearing and grubbing shall be done in accordance with applicable portions of the Florida DOT "Standard Specifications for Road and Bridge Construction" Section 110.

(d)

Excavation and embankment. Excavation and embankment shall be done in accordance with applicable portions of the Florida DOT "Standard Specifications for Road and Bridge Construction" Section 120.

(e)

Pavement widths. Streets shall have a minimum pavement width of twenty-four (24) feet. Curbed streets shall have a minimum pavement width of twenty-six (26) feet.

(f)

Roadway base. Roadway base shall be constructed of sand-clay, sand asphalt, hot mix, soil cement*, limerock, limerock stabilized base, or shell stabilized base according to the specifications shown below. Upon approval of construction plans by the city engineer, construction may begin, with testing of a four (4) inch minimum thickness occurring as follows:

(1)

Tests for subgrade bearing capacity and compaction shall be made by the city engineer at intervals of no more than three hundred (300) feet, staggered to the left, right, and on the center line. Thickness of base shall be measured by the city engineer at intervals of not less than three hundred (300) feet by means of holes drilled in the base, or at the time of test coring the surface course.

(2)

Sand-Clay Base — The material and construction shall conform to FDOT Specifications as shown in the "Standard Specifications for Road and Bridge Construction" Sections 240 and 912.

(3)

Sand Asphalt Hot Mix Base — The material and construction shall conform to specifications as shown in the FDOT "Standard Specifications for Road and Bridge Construction" Section 270.

(4)

Soil Cement Base — The material and construction shall conform to specifications as shown in the FDOT "Standard Specifications for Road and Bridge Construction" in Section 270.

(5)

Compacted Limerock Base — The material and construction shall conform to specifications as shown in the FDOT "Standard Specifications for Road and Bridge Construction" in Sections 200 and 911.

(6)

Shell Stabilized Base — The material and construction shall conform to specifications as shown in the FDOT "Standard Specifications for Road and Bridge Construction" in Sections 260 and 913.

* At the option of the city engineer for special applications.

(g)

Surface course. Surface courses for flexible pavements shall be an asphaltic-concrete surface, with a minimum thickness of one and one-half (1 ½) inches.

This asphaltic-concrete surface shall be Type S-I as specified in FDOT "Standard Specifications for Road and Bridge Construction" manual in sections 300 and 331. FDOT Testing of the surface course for compliance with specifications will be carried out by the city engineer or his authorized representative. Test cores will be taken no more than three (300) hundred feet apart and staggered to the left, right, and on the center line.

(h)

Required inspection. Inspection of the following phases of street construction must be conducted by the city engineer in addition to the testing procedures noted above.

It is the developer's responsibility to notify the city engineer twenty-four (24) hours before any of the above noted phases of construction are to be ready for construction. The developer shall pay for the cost of all testing provided by the city engineer.

(i)

Street names. Street names and markers shall be installed according to the specifications of the city engineer. No names shall closely approximate any existing street names.

(j)

Drainage. A complete drainage plan shall be submitted by the subdivider and approved by the city engineer. These plans shall show sufficient documentation to demonstrate the capability of the drainage system to collect, control, and dispose of storm runoff. The drainage system will include all catch basins, manholes, inlets, headwalls, bridges, pipes, settlings basins, green belted open space, etc., deemed necessary by the city engineer. The drainage system shall be based upon the facilities necessary to dispose of runoff according to the recurrence frequencies listed below. Rainfall data shall be obtained from the Florida DOT rainfall curves.

The drainage plan shall include a delineation of the major areas draining into the subdivision, sufficient topographical information to verify location of streams, drainage ways, etc., and existing drainage features (pipes, ditches).

(k)

Material specifications. The following materials are acceptable for culverts and storm sewers provided they comply with FDOT Standard Specifications (minimum diameter fifteen (15) inches).

Reinforced concrete pipe
Corrugated steel pipe (bituminous coated)
Corrugated aluminum pipe (if soil conditions permit)
Structured steel plat pipe (bituminous coated)
Pipe joints shall conform to FDOT Standard Specifications.

Manholes and inlets. Manholes and inlets shall be constructed so as to conform to the standards shown in the FDOT "Standard Specifications for Road and Bridge Construction" section 425.

Curbs and gutters. Curbs and gutters shall be constructed so as to conform to the standards appearing in the FDOT "Standard Specifications for Road and Bridge Construction" section 520.

(l)

Driveway access. Access by way of driveway shall be furnished to each lot prior to final acceptance. Driveway culverts shall have concrete mitered ends.

(m)

Utilities.

Underground utilities. All subdivision developers shall place all utilities underground.

Sewer and water. All subdivision sewer lines and treatment plants or treatment facilities shall have the approval of the appropriate Florida agency and the city engineer.

Water and sewer mains shall be installed by the subdivision owner in accordance with existing regulations. (Subdivisions developed in the vicinity of city water and sewer systems shall tie into that system pursuant to F.S. § 381.75(5), as it is adequate to handle the additional sewerage or water demand and provide collection lines, lift stations, and other necessary facilities to the city main.)

For subdivisions not accessible to operating sewer systems the following requirements shall prevail:

For subdivisions with any number of lots and each lot having a minimum area of one-half (½) acre, septic tanks may be used. The installation of such septic tanks shall be in accordance with Florida law. Such lots shall not be resubdivided until collection lines and community treatment facilities are made available and installed.

Subdivisions not meeting the standards specified in Section 18 above shall install a collection system and an approved sewerage treatment facility. Such facility shall be designed so as to be capable of tying in with an operating central system when such a central system becomes available.

(n)

Sidewalks installation. All lots in new subdivisions are required to have sidewalks installed before the issuance of certificate of occupancy. The sidewalk shall be five (5) feet wide, located inside and abutting the right-of-way line and run a distance equal to the width of the lot. The sidewalk shall be so constructed so as to conform to the standards appearing in the latest edition of FDOT "Roadway and Traffic Design Standards".

(o)

Sidewalk waiver. If sufficient evidence as determined by the city council is provided to prove that the housing to be built in a proposed subdivision is to be "affordable" housing as defined by F.S. Ch. 420, the city council may consider a developer's request to waive the requirements for sidewalks, or consider other amenities of benefit to the city as a whole in lieu of sidewalks. "Affordable" is defined by F.S. § 420.0004(3) et al., to mean that monthly rents or monthly mortgage payments including taxes, insurance, and utilities, do not exceed thirty (30) percent of that amount which represents the percentage of the median adjusted gross annual income for low-income, moderate-income and very-low-income households.

(Ord. No. 881, § 18.38, 6-26-2017)

(a)

Certifications. On all plat documents, there shall be a sheet containing the following information as necessary.

A vicinity map showing the general location of the subdivision in relation to recognizable landmarks;

•

The name of the surveyor and engineer of record;

•

The name of the subdivision, the section, township and range, the city, county and state in which the subdivision is located;

•

A mortgagee's approval certification;

•

A dedication of infrastructure clause;

•

A notary public acknowledgement clause;

•

An approval certification for the city council;

•

A certification by the engineer of record;

•

A certification by the surveyor of record;

•

A planning board certification;

•

A county clerk certificate of recording;

•

A city surveyor's certificate;

•

A title opinion certificate.

(Ord. No. 881, § 18.39, 6-26-2017)

(a)

Penalties. It shall be unlawful for any owner or the agent of any owner of land to transfer, sell, agree, or negotiate to sell land without complying with the provisions of this article.

Any person committing such an unlawful act shall be guilty of a misdemeanor of the first degree, punishable as provided under F.S. §§ 775.082 or 775.083.

(Ord. No. 881, § 18.40, 6-26-2017)