(a)

The minimum requirements and procedures for subdividing land are set forth in F.S. ch. 177, which shall govern the subdividing of land in DeSoto County, except as otherwise provided herein.

(b)

Owners or developers may subdivide a tract, parcel or lot which is not part of a previously subdivided lot of record as defined in Section 20-1650, provided that they must establish that their application is in compliance with and will not create a violation of the LDRs, the Comprehensive Plan, and/or the DeSoto County Code of Ordinances. In addition, such owners or developers must establish that they have sufficient legal right or interest in the tract, parcel or lot which authorizes them to proceed with the subdivision.

(c)

The term "minor subdivision" means the division of a tract, parcel or lot into no more than six lots, including the parent lot or parcel, where:

(1)

Each lot meets the minimum lot size and dimensional standards for its zoning district and the Comprehensive Plan, and abuts an existing public road or an existing, functional private road that connects to a publicly maintained right-of-way;

(2)

No lot interferes with or obstructs a County, State or Federal right-of-way;

(3)

No new public roads are created;

(4)

It is clearly indicated on any plat, survey, easement and/or deed conveying property within the minor subdivision that roads within the minor subdivision are private and are not the County's responsibility to maintain;

(5)

No lengths, widths or alignments of existing roads are changed;

(6)

An application for a drainage or surface water permit, if required, has been submitted to the Southwest Florida Water Management District or the Florida Department of Environmental Protection.

(d)

The term "major subdivision" means every division of a tract, parcel or lot that does not qualify as a minor subdivision.

(LDR, § 4000; Ord. No. 2012-01, § 4000, 5-22-2012; Ord. No. 2014-05, att. A, § 34, 10-28-2014; Ord. No. 2018-7, § 2, 3-27-2018)

Prior to the submission of an application to subdivide land, the owner or developer are encouraged to request a preapplication conference with the Development Director, or designee, in order to become familiar with the relevant requirements of the land development regulations, the applicable portions of this Code, and any provisions of the Comprehensive Plan affecting the land in which the proposed subdivision is located. Master plans for an entire project may be presented for layout approval in advance of the submittal of any subdivision plat of the project.

(LDR, § 4110; Ord. No. 2012-01, § 4110, 5-22-2012)

An improvement plan in accordance with the provisions of Article XIII, Division 6, of this chapter shall be submitted to the Development Department for review by the Development Review Committee for major subdivisions.

(LDR, § 4130; Ord. No. 2012-01, § 4130, 5-22-2012; Ord. No. 2018-7, § 2, 3-27-2018)

(a)

Content and purpose. The subdivision plat is for the purpose of providing a record of the subdivision and all data necessary for parcels identification.

(b)

Preparation of subdivision plat. All major subdivision plats and those minor subdivision plats offered for recording shall be prepared in compliance with the requirements for recording of plats found at F.S. Section 177.091, and in all other respects in conformance with the requirements of F.S. Chapters 177 and 472, and administrative rules adopted pursuant thereto.

(c)

Submittal.

(1)

For major subdivisions, after approval of the improvement plan, three prints of the subdivision plat along with CADD (computer-aided design and drafting) drawings shall be presented to the Development Director for consideration. For major subdivisions, the prints of the subdivision plat must be accompanied by the original tracing or tracings, and all required exhibits including improvement agreements, estimate of cost for subdivision improvements, an attorney opinion of title or title company certificate and recording fees. If the owner or developer of a major subdivision elects to construct all required subdivision improvements prior to submittal of the subdivision plat, the improvement agreement will not be required; but the certificate of satisfactory completion (complete with as-built plans), estimate of cost for subdivision improvements, and maintenance agreement are required. Submittals for major and minor subdivisions shall be accompanied by a check payable to the Board of County Commissioners in the amount determined by the Board. A fee shall also be required for resubmittals. All exhibits accompanying the subdivision plat must conform to standard forms as applicable. The recording fees must be in the form of a check or checks payable to the Clerk of the Circuit Court.

(2)

For major subdivisions, upon favorable recommendation by the Development Review Committee, the Development Director will notify the project surveyor and the subdivision plat shall be submitted to the Planning Commission and Board of County Commissioners for their approval. Upon approval by the Board of County Commissioners, or approval with conditions, the original tracing of the subdivision plat will be returned to the owner or developer who will be responsible for completing the recording process and delivering the following to the Development Director:

a.

The original final plat tracing or tracing.

b.

Two Mylar copies of the original subdivision plat.

c.

Two blue line prints of the approved subdivision plat.

d.

A copy of the recorded subdivision plat.

(3)

For minor subdivisions with a plat offered for recording, the Development Director shall review the submittal for compliance with the criteria set forth in Section 20-230(c), and shall approve, approve with conditions, disapprove or request additional information concerning an application for a minor subdivision within 30 days of submittal. Upon favorable recommendation by the Development Director, the subdivision plat shall be submitted to the Board of County Commissioners for approval or approval with conditions. Upon approval by the Board of County Commissioners, the minor subdivision plat shall be recorded, and if approved with conditions, shall be revised to address the conditions and then recorded. It is the responsibility of the owner or developer to complete the recording process and to provide the Development Director with the original final plat tracing or tracing, two mylar copies of the original subdivision plat, two blue line prints of the approved subdivision plat, and a copy of the recorded subdivision plat.

(4)

The Board may condition its approval of a plat on the developer's recording of the plat within five business days, or other specific time period as appropriate. In any event, no building permit shall be issued for development within a platted subdivision until the subdivision plat is recorded and a copy of the recorded plat is provided to the Development Director.

(5)

If an easement provides for ingress/egress, a building permit shall not be issued for construction of a dwelling unit until completion of the easement has been inspected by the County Engineer and a certificate of completion has been issued.

(LDR, § 4140; Ord. No. 2012-01, § 4140, 5-22-2012; Ord. No. 2018-7, § 2, 3-27-2018; Ord. No. 2022-14, § 2, 7-26-2022)