The purpose of this article is to establish procedures and standards for the subdivision of real estate within Flagler County, Florida, in an effort to insure proper legal description, identification, monumentation and recording of real estate boundaries; further orderly layout of land; provide safe, convenient and economic circulation of vehicular traffic; provide safe and suitable building sites which drain properly and are readily accessible to emergency vehicles; assure the installation of improvements; help conserve and protect the physical, economic and scenic resources of Flagler County; and promote the public health, safety and general welfare.

(Ord. No. 03-18, § 3, 10-7-03)

Except where specifically defined herein, all words used in this article shall carry their usual and customary meanings:

Words used in the present tense include the future tense.

Words used in the singular number include the plural.

Words used in the plural include the singular.

The word "person" includes a firm, partnership, trust, estate, company, association and organization, whether for profit or nonprofit, individual, copartnership, joint venture or corporation.

The word "building" includes the word "structure".

The word "shall" is always mandatory.

The word "may" indicates an action which is permissive or discretionary.

The word "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended, arranged, or designed to be used or occupied".

For the purpose of interpreting this article, certain words or terms used herein shall be defined as follows:

AASHTO: The American Association of State Highway & Transportation Officials.

Abutting Property: Abutting property means property that is immediately adjacent to property that is subject to review under these regulations or property that is located immediately across any road or public right-of-way from the property that is subject to review under these regulations.

Alley: Alley means a right-of-way which affords only a secondary means of access to property abutting thereon.

Applicant: Any owner engaged in development.

ASTM: The American Society for Testing and Materials.

Block: Includes tier or group and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified.

Board: The Board of County Commissioners of Flagler County, Florida.

Bulkhead: A retaining wall or structure designed to prevent erosion of land by water action.

Bulkhead Line: A fixed line established in a waterway in order to fix and establish the maximum distance from the shoreline within which filling may be permitted and bulkheads constructed, as established by appropriate regulations.

Chief Building Official: The individual appointed to enforce the requirements of the Flagler County Building Code.

County: Flagler County.

Conservation Easement: Shall have that meaning prescribed by Chapter 704.06, F.S.

County Development Services Director (Development Services Director): The individual assigned to review submitted development plans, plats and other related submittals and to coordinate the activities of other county departments related to such submittals or the individual designated to act in his/her stead.

County Commissioners: The County Commission of Flagler County.

County Engineer: The County Engineer of Flagler County, or the individual designated to act in his/her stead.

County Planner: The Planning Director of Flagler County, or the individual designated to act in his/her stead.

Crosswalk: A clearly marked pedestrian right-of-way crossing a street or roadway.

Developer: Any entity engaged in developing, dividing, subdividing or improving a lot or group of lots for any use or occupancy.

D.O.T. OR F.D.O.T.: Florida Department of Transportation.

Development: Shall have that meaning prescribed in Chapter 380.04, F.S.

Easement: A grant by a property owner for the use of land for a specific purpose.

Flood Plain: A land area identified as a Special Flood Hazard Area in accordance with the effective Flood Insurance Rate Map (F.I.R.M.).

Frontage: The length of the front property line of the lot, lots, or tract of land abutting a public street, road, highway or other right-of-way.

Grade: The slope of a road, street, utility or other public way, specified in percent (%).

Improvements: Improvements may include, but are not necessarily limited to: sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway, bridge, sidewalk, pedestrian way, planting strip or other facility for public use.

Land Use Plan: The Future Land Use Element of the Flagler County Comprehensive Plan enacted by the Board of County Commissioners pursuant to Ch. 163, Part II, F.S.

Lot: The least fractional part of subdivided lands, having fixed definable boundaries and a name, number or other means of identification.

A.

Double Frontage Lot: A lot of the same depth as the width of a block which is accessible from any of the streets upon which it fronts.

B.

Corner Lot: A lot abutting upon two (2) or more streets at their intersection.

C.

Flag Lot: A lot not fronting on or abutting a street where access is by a narrow easement, or an L-shaped lot or other irregularly shaped lot which abuts, and has access to a street, but does not comply with the minimum frontage requirements of this Code.

NGVD (National Geodetic Vertical Datum): Contours and elevations based on mean sea level.

Owner: Any person, group of persons, firm or firms, joint venture, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided under this article.

Plat OR Replat: A map or delineated representation of the subdivision of lands, being a complete representation of the subdivision and other information in compliance with Chap. 177, F.S. and County ordinances.

Sketch Plat: A drawing to scale and other supporting data of a proposed subdivision developed for the purpose of establishing the general layout. Includes specifications for streets, utilities, easements and other improvements.

Preliminary Plat: A drawing to scale and other supporting data of a proposed subdivision developed for the purpose of establishing the layout. Includes specifications for streets, utilities, easements and other improvements.

Final Plat OR Replat: The detailed drawing to scale and supporting data representing a land survey of lots, blocks, streets and easements and the location and specifications for streets, utilities and other improvements.

To Plat: To divide or subdivide land into lots, blocks, parcels, tracts, sites or other divisions, and the recording of a plat in the Office of the Clerk of the Court of Flagler County. The term "to plat" shall include "replat".

Plat of Record: Plat of record means (1) A plat that conforms to the requirements of Chapter 177, Florida Statutes, and amendments thereto and that has been accepted, recorded and numbered, as to Plat Book and Page, by the Flagler County Board of County Commissioners as being in conformance with its requirements. (2) Any Plat filed in the Flagler County Public Records prior to January 1, 1986. (3) A platted area of land described by metes and bounds or positively identified by legal means, which has been deeded and recorded prior to January 1, 1986. The recording of any amendments to a Plat subsequent to January 1, 1986 for the sole purpose of correcting an error in the legal description or curing a defect in the chain of title shall not be cause to divest it of its status as a Plat of Record.

Professional Engineer: An engineer currently registered to practice in the State of Florida.

Professional Surveyor and Mapper: A surveyor currently registered to practice in the State of Florida.

Public Works Manual: Shall mean the Flagler County, Florida Public Works Manual.

Right-of-way: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for similar special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way, intended for streets, other than private streets as permitted by this article, crosswalks, water mains, sanitary sewers, storm drains or other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

Standard Forms and Certifications Manual: Shall mean the current edition of the Flagler County, Florida Manual of Standard Forms and Certifications For Plats.

Street: A public or private vehicular right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road or however otherwise designated, but excepting driveways to other buildings. The term "street" shall include all road designations shown in the Comprehensive Plan.

Principal Arterial: A major, high-capacity street designed primarily to carry large volumes of cross-state traffic, and designated in the County Comprehensive Plan.

Secondary Arterial: A major, high-capacity street designed primarily to carry large volumes of intercity traffic, and designated in the County Comprehensive Plan.

Collector: A street which carries traffic from local streets to the system of arterial streets and highways including the principal streets within a subdivision.

Cul-de-sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Local: A street used primarily for access to abutting properties and the needs of a neighborhood.

Marginal Access: A minor street which parallels and is adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.

Private Street: A vehicular right-of-way which is approved by the county commission for vehicular use and that has not been dedicated and accepted by the County Commission for maintenance. The term "private street" shall include the term "approved private street".

Public Street: A vehicular right-of-way that has been dedicated to and accepted or constructed by the county commission.

Subdivider: Any person, firm, partnership, association, corporation, joint venture, estate or trust, or any other group or combination of persons acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including any applicant.

Subdivision: The division of a parcel of land into three (3) or more lots or tracts for the purpose of transfer of ownership for development or sale. If the establishment of any street is involved, this term shall mean any division of any parcel or tract of land.

Utilities: The term "utilities" includes, but is not limited to, public or private water systems, electrical power, sanitary sewer systems, storm drainage systems, gas lines, and telephone and television cable systems.

Waterway: A channel, creek, ditch, drainage way, dry run, spring, stream, river, canal, but not a lake, pond or pool without a water outlet.

(Ord. No. 03-18, § 3, 10-7-03)

There is no provision in this article that prohibits the subdivision and conveyance of any size parcel(s) of land without filing a plat. Sections 4.02.01 and 4.02.02 below, describe what land subdivision activities require/do not require platting in accordance with this article and state statutes.

(Ord. No. 03-18, § 3, 10-7-03)

In the case of a PUD, the standards of this article may be modified by the county commission upon recommendation of the development services director, county attorney, and planning board when consistent with the Comprehensive Plan. In the judgment of the county commission, exceptions may be granted when the PUD provides adequate open space, vehicular circulation and parking, recreation and service needs of the tract when fully developed and populated, and which also provides such adequate covenants or other legal provisions approved by the county attorney as will assure conformity to and achievement of the plan. This provision is intended to encourage innovation in housing types and subdivision design, and permit various price range dwelling units. Such developments must be planned and designed according to Article III, Zoning District Regulations. Processing, referral and review shall be the same as any other subdivision.

(Ord. No. 03-18, § 3, 10-7-03)

A.

A minor subdivision is defined as the division of land, whether improved or unimproved, into three (3) or more, but less than ten (10), contiguous lots or parcels of land meeting the minimum lot requirements of the Land Development Code for the purpose of transfer of ownership or development, which does not involve the creation of a street or right-of-way. Each parcel so created shall have frontage on a county-maintained paved road.

B.

Minor subdivisions are not subject to the preliminary plat procedure but are not exempt from any other requirements and procedures for final plats in the Land Development Code. Where subdivision improvements are required, a performance guarantee is also required.

(Ord. No. 03-18, § 3, 10-7-03)

This section outlines the platting process. The sketch plat is recommended, but is optional. The preliminary plat is required as a separate process when the developer is proposing to install improvements prior to requesting final plat approval. If the developer proposes to bond improvements, the preliminary and final plat, together with construction plans, may be processed simultaneously.

(Ord. No. 03-18, § 3, 10-7-03)

Approval of the final plat shall be conditioned upon the applicant having installed the required improvements or having provided acceptable guarantees. The county engineer shall inspect and approve all improvement plans and improvements installed to verify consistency with approved plans and specifications on file in the county engineer's office. The developer's engineer of record shall certify that all improvements have been constructed and installed in accordance with the approved final documents.

All improvements shall be designed and constructed in accordance with the Flagler County Public Works Manual.

(Ord. No. 03-18, § 3, 10-7-03)

Prior to or concurrent with the platting approval process, the Applicant may request a waiver to any of the provisions of this article. Requests for waivers may include but are not limited to: deleting certain requirements/provisions that may not be applicable to a particular subdivision; modifying design criteria for environmental protection/enhancement; and expediting review processes to reduce costs for affordable housing projects. All waiver requests must be consistent with state statutes and not in conflict with requirements of state and/or federal regulatory agencies.

Waiver requests are subject to the review of the technical review committee (TRC). Following the TRC meeting, the board of county commissioners (BOCC) at a public meeting, shall consider the request.

(Ord. No. 03-18, § 3, 10-7-03)

This article may be amended from time to time by the County Commission of Flagler County, Florida, as herein specified.

(Ord. No. 03-18, § 3, 10-7-03)

The detailed specifications, design standards and construction methods applicable to subdivisions shall be in accordance with the public works manual published by the Flagler County Engineering Department as separate but equally binding rules and standards. Applicants may request a waiver(s) to these requirements per section 4.07.00 of this article.

(Ord. No. 03-18, § 3, 10-7-03)

A plat is required for a subdivision, as defined in section 4.01.00, if any of the following applies.

A.

When a drawing for a subdivision is to be recorded in the county subdivision map book or the drawing is referred to for the purpose of conveying property;

B.

With the exception of subdivisions listed in section 4.02.02 below, when a subdivision includes the creation of street(s) or right(s)-of-way;

C.

When a subdivision is a replat of an existing recorded subdivision;

D.

When all or part of the proposed subdivision is zoned planned unit development;

E.

With the exception of subdivisions listed in section 4.02.02 below, any subdivision subject to a St. Johns River Water Management permit for stormwater facilities.

(Ord. No. 03-18, § 3, 10-7-03)

The following subdivisions do not require platting.

A.

Minor Rural Subdivisions (Maximum allowable density—One (1) dwelling unit per 5 acres). Minor rural subdivisions may be established within the minor rural subdivision area. The minor rural subdivision area is intended to include lands in agricultural areas which, as of November 1, 2002, and are: outside (west) of the urban Service districts; not located within Flagler Estates and Daytona North; and are not under long term timber leases. In cases where it is necessary to make a determination of the applicability of this section to a parcel of land, the standards and graphic depiction of Policy 7.2(b) of the Future Land Use Element shall be used.

Within the minor rural subdivision area, owners of record as of November 1, 2002 and their heirs and any owners of land for five (5) years or more may establish up to four (4) five-acre parcels in each calendar year. Provided, however, that each eligible owner may establish up to eight (8) five-acre parcels in the first calendar year in which the owner chooses to commence subdivision under the minor rural subdivision requirements. All parcels established as part of a minor rural subdivision must be five acres or larger, must have a minimum of three-quarter (0.75) acres of uplands or twenty-thousand (20,000) square feet of contiguous buildable area, may be clustered where feasible. Every eligible minor rural subdivision shall comply with the following criteria:

i.

An access easement connecting each lot to a county or state maintained road. This is not applicable if the parcel has access by means of county or state road frontage.

ii.

Deeds conveying parcels within a minor rural subdivision must include the following disclaimer in bold, capital ten-point type.

"THE PARCEL OF LAND DESCRIBED IN THIS DEED IS NOT A PART OF A PLATTED SUBDIVISION REVIEWED AND APPROVED BY FLAGLER COUNTY. NO GOVERNMENTAL AGENCY, INCLUDING FLAGLER COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED. DUE TO THE RURAL LOCATION OF THIS PARCEL AND DEPENDING ON THE STATE OF MAINTENANCE OF ACCESSWAYS, EMERGENCY RESPONSE TIMES MAY BE ADVERSELY AFFECTED. FIRE HYDRANTS ARE NOT AVAILABLE FOR FIRE SUPPRESSION. AGRICULTURAL USES ON ADJOINING PARCELS MAY GENERATE NOISE AND ODORS CHARACTERISTIC OF A RURAL SETTING. THIS PROPERTY MAY NOT BE A PART OF ANY MOSQUITO CONTROL DISTRICT AND THEREFORE MAY NOT BE SUBJECT TO MOSQUITO CONTROL BY ANY SUCH DISTRICT. THIS PROPERTY IS NOT A PART OF A DEVELOPMENT WITH AN APPROVED STORMWATER MANAGEMENT SYSTEM. THIS PARCEL MAY BE SUBJECT TO FLOODING FROM TIME TO TIME AND NEITHER THE COUNTY OR ANY OTHER PUBLIC AGENCY IS RESPONSIBLE FOR PROVIDING STORMWATER MANAGEMENT OR FLOOD CONTROL."

iii.

The location and design of all homes constructed within the minor rural subdivision shall conform to firewise communities standards promulgated by the Division of Forestry of the Florida Department of Agriculture and Consumer Services.

B.

Minor Rural Subdivisions (maximum allowable density—One (1) dwelling per ten (10) acres). Subdivision of an existing lot as defined in this ordinance into two (2) or more lots where all resulting lots are consistent with the comprehensive plan and contain ten (10) acres or more in area if classified as agriculture & timberlands and where no new streets or access easements are planned to be dedicated and accepted by the public. Except for five-acre splits to family members where the resulting parcel will be five (5) acres or more of agriculture & timberlands, no such parcel shall be further exempted from these subdivision regulations. Deeds and other conveyances shall include in bold capital ten-point type the following statement:

"NO GOVERNMENTAL AGENCY, INCLUDING FLAGLER COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." DUE TO THE RURAL LOCATION OF THIS PARCEL AND DEPENDING ON THE STATE OF MAINTENANCE OF ACCESSWAYS, EMERGENCY RESPONSE TIMES MAY BE ADVERSELY AFFECTED, FIRE HYDRANTS ARE NOT AVAILABLE FOR FIRE SUPPRESSION, AGRICULTURAL USES ON ADJOINING PARCELS MAY GENERATE NOISE AND ODORS CHARACTERISTIC OF A RURAL SETTING. THIS PROPERTY MAY NOT BE A PART OF ANY MOSQUITO CONTROL DISTRICT AND THEREFORE, MAY NOT BE SUBJECT TO MOSQUITO CONTROL BY ANY SUCH DISTRICT. THIS PROPERTY IS NOT A PART OF A DEVELOPMENT WITH AN APPROVED STORMWATER MANAGEMENT SYSTEM. THIS PARCEL MAY BE SUBJECT TO FLOODING FROM TIME TO TIME AND NEITHER THE COUNTY NOR ANY OTHER PUBLIC AGENCY IS RESPONSIBLE FOR PROVIDING STORMWATER MANAGEMENT OR FLOOD CONTROL.

Prior to issuance of a building permit, each land owner who does not have direct access to a publicly maintained road, must sign a hold harmless indemnification agreement with Flagler County acknowledging that access to said parcel is strictly a private legal matter between the land owner and the person or entity that sold said parcel and granted access to same and that Flagler County does not assert any opinion as to the legal validity, usability or practical access to said parcel; further that the land owner shall indemnify and hold harmless Flagler County, its board of county commissioners, officers, employees and agents from any and all legal causes of action, losses, damages or claims of any kind whatsoever arising out of the lack of access for emergency services, police protection or other public services to said parcel. This indemnification, hold harmless agreement shall be on a form approved by the Flagler County Attorney, shall be recorded in the Official Public Records of Flagler County, shall run with the land, and shall be binding on the land owner, his/her heirs, successors and assigns.

The exemption provided by this section as provided above shall be limited to the creation (from any parent parcel) of four (4) contiguous ten (10) acre or larger parcels per year or less, which are not part of a common plan of development. There shall be no annual limit in the number of noncontiguous ten (10) acre or larger parcels per year, not a part of a common plan of development, which are created pursuant to this provision.

C.

Acquisition of property for public/private utility, roadway or other public purposes.

D.

Adjustment of lot lines or combination of previously platted lands upon a showing that:

i.

Parcels created by this process must meet all other requirements of the Land Development Code.

ii.

The adjustment does not reduce any lot to a size less than that permitted by the zoning of the lot.

iii.

The adjustment does not affect drainage or other easements.

iv.

The adjustment does not require creation of new streets.

E.

A one-time creation of one (1) lot of one (1) acre or more in size from a parent tract of not less than ten (10) acres in size, zoned commercial or industrial, where:

i.

A plan, in sufficient detail to depict the proposed development of the proposed lot and its relationship to the parent tract, together with proposed method of addressing stormwater management features, appropriate water and sewer facilities and the county's access management ordinance has been submitted to and reviewed by the technical review committee; and

ii.

A deed, including the parcel's legal description, together with all easements and reservations, is recorded with the clerk of the county court.

F.

Any division by inheritance (whether testate or intestate) or by petition or other order of the court, or gifting of land or other related property, subject to the applicable provisions of the U.S. Internal Revenue Code.

G.

Division of property into condominium units in accordance with Ch. 718, Florida Statutes, as amended.

H.

The division of a tract in single ownership, whose entire area is two (2) acres or greater, into not more than two (2) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the Flagler County Land Development Code, does not violate any covenants and restrictions and is in compliance with the requirements of article 4.06.08, "Water and Sewerage Systems".

(Ord. No. 03-18, § 3, 10-7-03)

The intent of this review is to give the developer an optional procedure to introduce a proposed subdivision to the technical review committee (TRC) for the purpose of familiarizing the developer with a broad range of TRC considerations prior to the preparation of detailed plan documents. These considerations include, but are not limited to, such items as the comprehensive plan, county development policies and regulations, other development in the vicinity of the proposed subdivision, soil types, area drainage patterns, floodplain and flood-prone areas, and the capability of the land to support the proposed development. One purpose of this procedure is to provide the applicant with staff comments concerning flood-prone areas in the proposed subdivision and to provide staff recommendations concerning those flood-prone areas and the level of development considered to be acceptable by the TRC.

The developer may also request comments on the sketch plat by both the planning board and county commission. Sketch plat review can also be reviewed as a part of a rezoning and/or future land use map amendment.

A.

Procedures.

1.

An application for sketch plat review shall be filed and processed through development services. The proper fee and exhibits shall be submitted in sufficient copies, as determined by development services, to meet the requirements of the TRC.

2.

A developer may elect to omit the sketch plat review and proceed directly to preliminary plat.

B.

Required Submittals. Sketch plat shall be drawn at a scale no smaller than one (1) inch equals two hundred (200) feet and shall illustrate clearly:

1.

Vicinity map at a scale no smaller than one (1) inch equals two thousand (2,000) feet with sufficient information to locate the property in the field.

2.

Total area of proposed subdivision.

3.

Article VI, Resource Protection Standards, states "A developer should apply the provisions of this regulation (Article 6) to a proposed development site before any other development design work is done. Application of the provisions of this regulation will divide a proposed development site into areas that may be developed and areas that must generally be left free of development activity. The proposed development should then be designed to fit within the areas that may be developed." The following natural resources and site features shall be identified in the Sketch Plat plan and demonstrate avoidance and minimization of impacts:

a.

FEMA flood zone designation(s), base flood elevations, and floodway limits.

b.

Water bodies or courses. Indicate mean or seasonal high water line.

c.

Wetland areas approximating jurisdictional boundaries.

d.

The soil types and boundaries, based on the Soil Survey of Flagler County, shall be delineated on the plan.

e.

A tree survey as defined in article VI, Resource Protection Standards and described in Section 6.01.02(1)A.

f.

Identify known historic and archaeological sites by reference to the Florida Master Site File as maintained by the State of Florida.

4.

Parcel number(s) according to the Flagler County Property Appraiser's Office.

5.

Topography of the site at not more than five-foot contour interval based on NGVD.

6.

Proposed layout of street system, lot patterns, conceptual drainage systems, approximate subdivision boundaries, and existing zoning on the subject property and adjacent/surrounding properties.

7.

Areas that may be reserved for parks or recreation sites, conservation easements, or natural open space areas.

8.

Streets adjacent to the tract, including rights-of-way and pavement widths, and driveways on both sides of adjacent streets within three hundred (300) feet of proposed development.

9.

Lots and blocks of adjacent recorded plats, giving plat book and page number along with names of such plats and identify owners of non-platted parcels.

10.

Proposed location of water and wastewater facilities.

11.

All existing on-site or adjacent easements, including drainage, electricity, gas, water, wastewater, pipeline, utility, conservation or other recorded easements.

12.

The legal description of the property proposed for platting.

13.

Any other appropriate information thought necessary by the prospective applicant or development services director to make a schematic presentation.

C.

TRC Review. The TRC shall review the application and informally discuss with the applicant any steps necessary to bring the application into compliance with the requirements of applicable regulations. It is suggested the applicant request a pre-application meeting to discuss the proposed project.

The recommendations of the TRC shall be furnished to the applicant for use in proceeding to the next step in the platting process.

(Ord. No. 03-18, § 3, 10-7-03; Ord. No. 2024-06, § 2A, 9-16-24)

An application for preliminary plat and construction plan review, the proper fee, and sufficient copies of the exhibits, as determined by development services, shall be filed with development services. Exhibits shall include:

A.

General Information.

1.

All plans shall be submitted on twenty-four (24) inch × thirty-six (36) inch sheet sizes or as otherwise approved by development services.

a.

Construction plans shall be submitted in a format and scale approved by development services.

b.

A preliminary plat shall be submitted in the same format as required for final plats by Florida Statutes Ch. 177, and by the applicable provisions of this ordinance.

2.

A survey of the subject property prepared by a professional surveyor containing the legal description of the subject property and the surveyor's certificate of accuracy.

3.

Name of subdivision, name, address, telephone number of the subdivider, professional engineer and professional surveyor.

4.

Date of survey, north point and graphic and numeric scale.

5.

Total area in tract, area in public or other land usage, total number of lots, linear feet of streets.

6.

Names and location of adjoining subdivisions and streets.

7.

Other supplemental materials or any deed restrictions or protective covenants for the subdivision and any other information considered by either the applicant or the TRC to be pertinent.

8.

A dedication of such streets, easements, common areas or public places is necessary for development. Such dedication shall be in the same manner as deeds conveying lands are required to be executed for recordation.

9.

A tree survey as defined in article VI, Resource Protection Standards and described in 6.01.02(1)A.

B.

Existing Site Data.

1.

City limits (if any), property lines, rights-of-way, pavement width, easements, streets, driveways, railroads, known utilities, storm sewers, ditches and culverts, bridges, buildings, bulkhead and bulkhead lines.

2.

Wooded, wetland, and FEMA Special Flood Area, including their identification, marshes, watercourses, ponds, and other similar conditions affecting the site.

3.

Topography survey of the site at not more than a two-foot contour interval based on NGVD data furnished by a professional surveyor.

4.

Soil borings within drainage retention area(s).

C.

Proposed Site Data and Construction Details.

1.

Street rights-of-way, pavement widths, gradient and elevations, street names, profiles and cross-sections of roadway and other appropriate cross-sections pursuant to requirements shown in the public works manual.

2.

Other rights-of-way or easements, including locations, dimensions and purposes.

3.

Plans for all underground utilities, including but not limited to sanitary sewers; storm sewers; potable water lines; reuse water lines; and other supporting utility corridors, or proposals for developing new water supply; storm drainage; and sewage disposal systems; storm and sanitary sewer profiles; and cross-sections; and inverts and top elevations of structures, pursuant to requirements in the public works manual.

4.

Grade changes, dikes or any created water bodies or changed watercourses.

5.

Bulkheads and bridges; engineering plans, and cross-sections.

6.

Street center line dimensions, scalar block and lot layouts, lot and block numbers.

7.

Areas to be used for purposes other than residential and public; and their purposes, location and dimensions of each indicated parcel.

8.

Information on essential and available utility services, including water, sewer, electric or gas, including a letter of availability from the provider.

9.

Tree protection plan, which at a minimum identifies protected trees to remain and protected trees to be removed, including a site data table of the caliper inches to be removed and the caliper inches to be retained.

D.

Developer's Option to Commence Construction. The developer may elect to commence construction of the subdivision after the preliminary plat has been approved by the county commission and may at the same time apply for a final plat approval.

E.

Development Permits Required Prior to Commencement of Construction. If the developer elects to commence construction prior to, or concurrently with, final plat approval, he/she shall notify development services of that intention. Development services shall then issue a development permit authorizing the commencement of construction pursuant to the approved construction plans, provided all other permits from federal, state or regional agencies have been issued.

(Ord. No. 03-18, § 3, 10-7-03; Ord. No. 2024-06, § 2B, 9-16-24)

No improvements, including streets, shall be accepted by the county unless and until the final plat has been approved by the county commission, and has been duly recorded by the Clerk of the Circuit Court, Flagler County, Florida (clerk). The clerk shall record only those final plats which have been submitted for recording by development services.

A.

Procedures.

1.

An application for a final plat shall be filed with development services.

2.

The developer shall submit an appropriate number of paper reproductions, as determined by development services.

3.

The final plat shall be prepared by a professional land surveyor at a scale of one (1) inch equals one hundred (100) feet, or such other scale approved by the county. All final plats shall be prepared on standard sheet sizes as required by Florida Statutes Ch. 177, as amended, and shall be twenty-four (24) inches by thirty-six (36) inches, including a three-inch binding margin on the left side and a one-inch margin on the other three (3) sides. To ensure legibility, all lettering upon the plat shall be a minimum height of ten (10) point font.

B.

Required Submittals.

1.

The following information shall be shown on the submittals:

a.

Name of subdivision, date of survey, north point, graphic and numeric scale.

b.

A vicinity map drawn at an appropriate scale showing the project site and its relationship to known landmarks.

c.

Names and locations of all adjoining or interior subdivisions, city limits, bulkhead lines, property lines, rights-of-way and easements.

d.

The legal description of the property being platted shall appear on the final plat and match the description furnished in the attorney's opinion of title or other similar documents.

e.

Sufficient survey data to readily determine and reproduce on the ground every straight or curved boundary line, lot line, right-of-way line, easement line, bulkhead line and setback line, including, but not limited to linear dimensions, bearings or deflection angles, radii, arcs and central angles. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest second of arc.

f.

All proposed rights-of-way, easements and areas to be dedicated to public use with the purpose of each stated.

g.

Areas to be used for purposes other than lots or public dedications, if any, with the purpose, location and dimensions of each indicated.

h.

Signed certificates shall appear on all final plats. Such certificates shall be in accordance with the format and specific language set forth in the Flagler County Standard Forms and Certification Manual. The following signed certificates shall be completed and provided with the submission: dedication, joinder and consent to dedication, all required acknowledgements, surveyor's certificate, certificate of approval by the reviewing professional land surveyor (PLS), certificate of approval by county commission, approval of the development services director, acceptance of dedication, and certificate by the county attorney and certificate by the clerk.

i.

The final plat shall include such additional information as may be required by Florida Statutes Ch. 177, as amended.

j.

Surveyor's notes.

2.

The following information shall also be provided:

a.

Name, address and telephone number of the subdivider, subdivision designer, professional engineer, registered surveyor, abutting property owners, and mortgagees of the property.

b.

A title certification which meets the requirements of Florida Statutes Ch. 177, as amended, and list of encumbrances.

c.

Any deed restrictions or protective covenants.

d.

A copy of the final plat reduced to eleven (11) × seventeen (17) inches.

3.

If the developer elects to construct the improvements after the recordation of the final plat, the following information shall be provided in addition to 4.05.03 B.1 and B.2 above:

a.

A signed and sealed professional engineer's estimate of the total construction cost or a signed contract which encompasses all proposed improvements.

b.

A performance guarantee in accordance with this article.

4.

Upon completion of construction of the required improvements, the following information shall be provided in addition to 4.05.03 B.1 and B.2:

a.

A signed and sealed professional engineer's certification of the constructed improvements and the total construction cost. If fire hydrants were installed, the professional engineer must certify that the water distribution system of the development meets the National Fire Protection Association capacity requirements for fire hydrants.

b.

A two (2) year maintenance guarantee bond in the amount of ten (10) percent of the total construction cost in the form acceptable to the Flagler County Legal Department.

c.

One (1) mylar and two (2) sealed paper reproductions of as-built (or record) survey signed by the professional surveyor which encompass all required improvements. If the paper reproductions of as-built (or record) survey were prepared on an Auto CAD system, the applicant shall provide such digital files to development services in a "dwg" format.

d.

Adequate test reports signed and sealed by a professional engineer, as required by the county engineer.

e.

A signed and sealed certification by the project civil engineer, certified arborist, or landscape architect certifying the as-built tree protection plan and tree replacements. Required tree replacement funds shall be paid in full prior to final plat acceptance.

C.

Recording Requirements

1.

No plat of lands in Flagler County subject to these regulations shall be recorded, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such plat has been approved by the county commission.

2.

Recording period. All approved plats shall be recorded within fifteen (15) days following board approval, unless extended by the development services director for extraordinary conditions.

3.

Plats shall be recorded in the following manner:

a.

All documents and the original plat shall be submitted to development services. Development services shall then transmit the documents to the clerk for recordation. Also, if the plat was prepared on an Auto CAD system, the applicant shall provide such digital files to development services in a "dwg" format.

b.

Development services shall obtain a statement that all current and previous taxes have been paid in accordance with F.S. § 197.192, as amended.

(Ord. No. 03-18, § 3, 10-7-03; Ord. No. 2024-06, § 2C, 9-16-24)

Permanent survey reference monuments shall be installed in all subdivisions in accordance with Florida with Florida General Statutes, Ch. 177, as amended.

A.

Road Plans.

1.

Roads in subdivisions shall be planned in conformity with the County Comprehensive Plan or other official maps or plans, if any.

2.

The proposed subdivision road layout shall be coordinated with the roads system of the surrounding area or with plans for roads in said area on file in the county planning office.

3.

Where, in the opinion of the county engineer, it is desirable to provide for road access to an adjoining property, proposed roads shall be extended by dedication to the boundary of such property and a temporary turnaround provided.

4.

Any subdivision with fifty (50) or more lots shall have at least two (2) points of ingress/egress by a paved road that connects to the county road system.

B.

Public/Private Roads. All roads that are dedicated to the public shall connect to, or be an extension of, an existing public road.

Private roads may be approved by the county commission provided:

1.

They comply with the requirements of the public works manual.

2.

The site plan and the plat identify it as a private road in bold letters.

3.

All private roads shall be maintained through a covenant, recorded in the public records, which runs with the land in the form of a homeowners or condominium association recorded in the public records or such other legal mechanism as will assure the county and owners of property contiguous to the road, or roads, that the roads will be continually maintained. The county and the owners of the contiguous property shall be provided with a legal right, in a form acceptable to the county attorney, to enforce the assurance that the road, or roads, be continually maintained.

C.

Road Names and Addresses. Proposed roads which are obviously in alignment with other existing and named roads shall bear the assigned names of the existing roads. In no case, except as indicated in the preceding sentence, shall the name of the proposed road duplicate or be phonetically similar to the existing road, avenue, boulevard, drive, place, court, etc. Such suffix shall be determined according to the road naming method chart. Road names and addresses shall require the approval of the emergency services department.

D.

Minimum Subdivision Road Right-of-Ways Widths.

1.

All subdivision roads shall be provided with sufficient right-of-way or easement width by dedication to contain their entire construction and their appurtenances, including drainage facilities, ditches, slopes, sight distance and traffic control devices.

2.

The minimum right-of-way for vehicular travel is fifty (50) feet.

3.

Specific right-of-way requirements are defined in the public works manual and are dependent upon the required typical section for anticipated traffic volume.

4.

Subdivision roads shall be designed and constructed in accordance with Flagler County Standards and Specifications as contained in its public works manual.

E.

Roads for Mobile Home Parks. Access paved roads shall be provided to each mobile home space. Roads in new mobile home parks and roads added to existing mobile home parks shall have a minimum access way width of thirty (30) feet. Adequate off road parking for automobiles must be provided. All roads shall meet current standards of the Flagler County Public Works Manual.

F.

Roads for Recreation Vehicle Parks. All recreation vehicles shall be located more than twenty-five (25) feet from any public road or highway right-of-way. All parking areas shall be provided with safe and convenient vehicular access to and from public roads or roads.

Alignment and gradient shall be properly adapted to topography. Surfacing and maintenance shall provide a smooth, hard, and dense surface, which shall be well drained. Access to each recreation unit space shall be designed to minimize congestion and hazards. Roadways shall be of adequate width to accommodate anticipated traffic and in any case shall meet the minimum requirements of the public works manual.

G.

Road Paving.

1.

All roads shall be paved as shown on the "typical sections" in the public works manual.

2.

All road paving shall conform to the specifications of the county and shall be installed by a contractor licensed to do paving work in the state of Florida. All paving materials used shall meet the specifications and standards of Flagler County.

3.

Minimum subdivision paving widths. (SEE PUBLIC WORKS MANUAL)

H.

Grades and Grading.

1.

Minimum centerline grade for all roads utilizing curb and gutter, shall be three tenths percent (0.3%). Maximum centerline grades for major collectors and all arterial roads shall not exceed five (5) percent. Maximum grades for all other roads shall not exceed eight (8) percent.

2.

All road rights-of-way shall be graded to their full required width so as to provide adequate shoulders and space for sidewalks and/or bikepaths, if required by the county. If swale sections are used, rights-of-way shall be cleared to the full width, unless specifically otherwise approved by the county engineer.

I.

Culs-De-Sac.

1.

Maximum length one thousand three hundred twenty (1,320) feet.

2.

Turnaround area shall have a right-of-way diameter of at least one hundred (100) feet, and a minimum paved surface diameter of eighty-four (84) feet excluding curbs and gutter. If no curb and gutter is proposed the pavement edges(s) of the turnaround shall be completely enclosed by a portland cement concrete binding strip six (6) inches thick and eighteen (18) inches wide sloped to match the paved surface of the turnaround.

J.

Horizontal Curves. Where a centerline deflection angle of more than two (2) degrees occurs other than at road intersections, a circular curve shall be inserted having a centerline radius of not less than one hundred (100) feet or more if as required for sight distance and design speed.

K.

Intersections.

1.

When practical, roads shall intersect at an angle of approximately ninety (90) degrees. In no case shall the angles of intersection be less than sixty (60) degrees.

2.

Road jogs or centerline offsets between roads are discouraged. If used they shall be not less than one hundred fifty (150) feet.

3.

Road curb lines or pavement edges at street intersections shall be rounded with a minimum radius of thirty (30) feet. At an angle of intersection of less than seventy-five (75) degrees, a greater radius shall be required by the county engineer. All road edge radii shall be in accordance with the standards set by the public works manual incorporated herein by reference and made a part hereof. A concrete binder strip running the length of the curved portion of the intersections shall be installed. The strip shall be six (6) inches wide and eighteen (18) inches deep.

L.

Bicycle and Pedestrian Facility Installations. A minimum eight (8) foot wide concrete path shall be constructed by the developer within the public right-of-way or approved easement for all developments abutting major collector and arterial roadways identified in the Transportation Element of the Flagler County Comprehensive Plan and/or those roads identified by the county in their twenty-five (25) year Bikeway Plan.

M.

Emergency Access. All subdivisions shall have a secondary means of ingress and egress unless specifically waived by the board of county commissioners. This access is intended for emergency use, requires an "all weather surface" (not required to be formally paved in subdivisions with less than fifty (50) lots) and may be installed in an easement or other suitable designated non right-of-way area.

N.

Block Length. Block lengths shall not exceed fourteen hundred (1,400) feet.

O.

Block Width. The width of any block shall be of sufficient dimensions to accommodate two tiers of lots except where one tier of lots abuts an area of nonresidential development, an arterial street, a railroad, utility right-of-way, or on landfill fingers.

(Ord. No. 03-18, § 3, 10-7-03)

Bridges shall be constructed to the width of the connecting roadway pavement and roadway shoulders, with an additional allowance on each side for a pedestrian walk. Bridges extending over waterways shall have a center span and a vertical clearance as required by the use of the existing waterway. Bridges shall be designed by a professional engineer and conform to AASHTO and ASTM specifications and the Flagler County Public Works Manual, which are incorporated herein by reference and made a part hereof, and in addition to any federal and state requirements.

(Ord. No. 03-18, § 3, 10-7-03)

A.

Drainage Easements.

1.

Drainage easements of a width required for conveying and maintaining an adequate storm drainage system shall be provided where necessary for maintenance, along waterways, natural watercourses and drainage ways.

2.

Whenever a subdivision lies wholly or partly in any area that is traversed by a natural or designed watercourse a drainage easement or right-of-way shall be set forth on the final plat and shall be granted for public use.

3.

Stormwater drainage easements shall have a minimum width of fifteen (15) feet and shall normally be laid out on property lines. In all cases, such casements shall be dedicated to the perpetual use of the public. The easement may be centered along common property line.

B.

Utility Easements. Utility easements for both underground and aboveground facilities shall be provided where necessary for the installation and maintenance of such utilities.

C.

Pedestrian Easements. Pedestrian easements shall be at least ten (10) feet wide.

D.

Private Easements. Private easements or reserve strips are prohibited along a perimeter of a subdivision or at the ends of street rights-of-way, except as maybe otherwise specifically approved by the board of county commissioners.

E.

Easement and Right-of-Way Maintenance. The county will maintain only those easements, rights-of-way, and public sites, which it accepts for maintenance.

F.

[Permanent Structures.] Permanent structures shall not be constructed within or overhang any easement.

(Ord. No. 03-18, § 3, 10-7-03)

A.

Every Plat of a subdivision filed for record must contain a dedication by the Developer. The dedication shall be executed by all Developers and Mortgagees having a record interest in the lands subdivided, pursuant to Ch. 177, F.S.

B.

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

(Ord. No. 03-18, § 3, 10-7-03)

All lots shall conform to the dimensional, yard and building setback requirements of the applicable county zoning regulations. In addition, the following requirements shall apply:

A.

Width. All lots fronting on a curve shall have a minimum front property line dimension of not less than thirty-five (35) feet. Corner lots shall have their width increased by fifteen (15) percent greater than the minimum lot width.

B.

Depth. Lot depths along arterial and collector roads as shown in the Flagler County Comprehensive Plan Transportation Element shall have their depth increased by fifty (50) feet. This requirement is for lots that front directly upon those classified roads or have their rear yards directly abutting those roads. If a marginal access road is constructed along the classified roads, then the increased depth is not required.

C.

Flag Lots. The use of flag lots is not encouraged and their use must be specifically approved by the board of county commissioners.

D.

Orientation.

1.

Every lot shall abut a public or private road that has been approved by the board of county commissioners.

2.

Side lot lines shall generally be perpendicular or radial to street right-of-way lines.

3.

When residential lots are platted abutting a limited access state or federal highway, ingress and egress shall be limited to the interior subdivision roads, a marginal access road, or approved private road.

E.

Grades and Grading. All building construction shall comply with FEMA regulations. The minimum finish floor elevation shall be one (1) foot above the FEMA base flood elevation or one (1) foot above the road centerline grade opposite the building. An exception to this may be granted by the county engineer where existing topography would require extensive re-grading of the lot. A site grading plan prepared by a licensed design professional must be provided to demonstrate the containment, on site, of all rain runoff (whether from roof, driveway, yard areas or from the roadway) generated by a typical 100-year storm event.

(Ord. No. 03-18, § 3, 10-7-03)

A.

Public Sites.

1.

The applicant shall dedicate, in accordance with adopted Comprehensive Plan Standards or other county specifications and standards, suitable sites for public use such as parks, playgrounds, and school sites when determined by the county commission to be in the best interest of the county.

2.

Where a proposed park is shown on the County's Comprehensive Plan or other official maps or plans, and is located in whole or in part of a subdivision, the county commission may require the dedication to the public of such area within the subdivision.

3.

When recommended by the development director, upon consideration of the particular type of development proposed in the subdivision and especially in large scale planned unit developments not anticipated in the County Comprehensive Plan, the county commission may require the dedication or reservation of such other areas or sites of character, extent and location suitable to meet the needs created by such development for schools, parks, recreation and other similar neighborhood purposes, and other county needs.

(Ord. No. 03-18, § 3, 10-7-03)

A.

Water and Sewerage Systems. Water and sewerage systems shall conform to county specifications and shall be designed by a professional engineer. The cost of installing water and sewer lines connecting into an existing system shall be borne by the applicant. All water and sewerage systems and connections shall be approved by the utility owner or, if no utility owner exists, by the county engineer. Central water distribution and sewage collection systems shall be installed as follows:

1.

Except as permitted by Article 3.03.05 of the Land Development Code, subdivisions with a minimum lot size less than one (1) acre in area exclusive of road rights-of-way, complete water distribution, water treatment, sewage collection, sewage treatment, and disposal systems shall be installed. Also, such installation shall meet all state and federal requirements for water and sewer systems.

2.

For subdivisions with minimum lot size of one (1) acre or more in area exclusive of road rights-of-way, individual onsite water and sewage facilities may be permitted or required depending upon drainage, water potability, environmental sensitivity and public considerations. Individual onsite sewage facilities, if used, shall be constructed in accordance with Flagler County Health Department requirements.

B.

Storm Drainage Systems. Storm drainage systems shall conform to the county public works manual and shall be designed by a professional engineer. The costs of designing and installing the storm drainage system shall be borne by the applicant. Storm drainage shall be connected to an existing system or constructed to assure treatment in conformity with existing regulations and disposal of drainage water. All storm drainage shall be approved by the county engineer and appropriate state and federal agencies.

C.

Road Drainage. Curb and gutter and/or roadside drainage ditches or swales shall be installed in accordance with typical sections as shown in the public works manual. Outfall drainage ditches are prohibited unless specifically approved by the county engineer. Under drain systems shall be required where conditions warrant, as determined by the engineer of record or required by the county engineer before or during construction.

D.

Fire Hydrants. Fire hydrants shall be installed in all subdivisions utilizing a complete water distribution system in accordance with requirements of the National Fire Insurance Service Office's "Rating Schedule for Municipal Fire Protection". All costs of installing the hydrants shall be borne by the applicant. The type and installation of valves and hydrants shall be approved by the county engineer, county's chief fire inspector and the water utility owner and shall conform to the county and the water utility owner specifications. Water mains serving fire hydrants shall be adequate to provide design fire flows. Hydrants may be held in abeyance for installation provided a bond satisfactory to the county engineer and county attorney is posted and such action is approved by the county commission.

E.

Utility Sizes. If it is determined that certain sizes are necessary as part of a coordinated water and/or sewer plan, they may be required at the pro rata share to the developer.

F.

Underground Utility Service. In all subdivisions with lots less than one (1) acre and containing more than five (5) lots, all electric power service lines, cable, telephone and other utilities, shall be installed underground, unless otherwise approved by the county commission.

(Ord. No. 03-18, § 3, 10-7-03)

Developments along waterways shall comply with the following requirements:

A.

Dredge, Fill, And Excavation Permits. Before any work may be done to dredge, fill, excavate or otherwise modify existing lands or islands in the county and prior to the granting of a dredge permit, a fill permit or an excavation permit from the appropriate authorities, a plat prepared in accordance with the provisions of this ordinance shall be approved by the county commission.

B.

Bulkheads, Boat Docks, and Piers. Prior to the construction by the applicant of any bulkhead, boat dock or pier, a construction permit shall be obtained from the building official after approval by appropriate state and federal agencies. A drawing at a scale of one (1) inch = one hundred (100) feet, or such other scale approved by those agencies, showing the location of the bulkhead, boat dock or pier shall be presented at the time of permit application.

C.

Waterways.

1.

Waterways shall be constructed in accordance with federal, state, and county requirements.

2.

A minimum depth of minus eight (-8) feet below mean low water level for a continuous bottom width of twenty (20) feet shall be required at the center section of all waterways. Waterways shall provide for adequate water movement due to gradient, prevailing winds and tides.

(Ord. No. 03-18, § 3, 10-7-03)

The county commission shall, upon recommendation of the county engineer, and if deemed necessary for the health, safety, or welfare of the present and future population of Flagler County and necessary to the conservation of the general environment, (including but not limited to water, drainage and sanitary facilities) control subdivision development in accordance with this section of any property which lies within the one-hundred-year floodplain of any river, lake, stream, other drainage course.

A.

Flood Prone Areas. Where lands are or have been subject to periodic flooding and minimum centerline roadway elevations have not been established by the county, interim minimum centerline roadway elevations shall be established by the following method. Minimum centerline roadway elevations shall be six (6) inches above the design high water, as determined by the department of transportation drainage manual for a one (1) in fifty (50) year storm. The minimum floor elevations shall be one (1) foot above the proposed 100-year flood plan elevation. Garage floor elevations shall be one-half (½) foot above 100-year flood plain elevation. See Article 6.04.00 Floodplain Management for additional requirements.

B.

Unsuitable Land. The county commission may require the designation of a building restriction line on any land which is found to be unsuitable for development use by reason of its being subject to flooding, erosive stream action, un-stabilized slope or fill or otherwise located in a situation so that safe, healthful development cannot be maintained on the land.

(Ord. No. 03-18, § 3, 10-7-03)

A replat of an existing subdivision shall follow the same process as outlined herein for a new plat. A replat of a plat that includes a plat addendum/agreement will, in addition to plat requirements, be required to follow the process below for amending a plat addendum/agreement.

(Ord. No. 03-18, § 3, 10-7-03)

Amendments to plat addendums/agreements shall be approved by the board of county commissioners (BOCC). Amendments cannot be approved without the consent of all current property owners who are subject to the original approved plat addendum/agreement.

(Ord. No. 03-18, § 3, 10-7-03)

The owner(s) of any land within an existing approved plat may request BOCC approval to vacate that portion of the plat which is owned by the applicant(s). If the existing plat includes a plat agreement/amendment, a portion of the original plat cannot be vacated without the consent of all current property owners within the plat. The vacating of public streets/rights-of-way and easements within a plat is subject to state statutes and county ordinances. Plats, or portions thereof, cannot be vacated without the consent of the appropriate utilities or regulatory agencies.

(Ord. No. 03-18, § 3, 10-7-03)

It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by this article and without having recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be deemed guilty of violating this article which shall be punishable as provided by law. The county commission, through its legal department, may enjoin such transfer, sale or agreement. However, a purchaser of land sold in violation of this section shall be entitled to bring an appropriate action to void such sale or to bring action against the seller for any damages which he suffers as a result of the seller's unlawful act or both. This section shall not apply to those lands which have been exempted from these regulations by the county commission.

(Ord. No. 03-18, § 3, 10-7-03)

No building shall be erected on a lot or parcel of land within the area, nor shall any building permit be issued therefore, unless the street giving access to the lot or parcel on which such building is proposed to be placed has been accepted and opened as a public street, has otherwise received the legal status of a public street, has been accepted by the county commission and is shown on a recorded subdivision plat, or is an approved private street dedicated for the use of certain lots or parcels, but not accepted for maintenance by the county commission. This section shall not apply to those lands which have been exempted from these regulations or those subdivided lands which have been exempted from these regulations by the county commission.

(Ord. No. 03-18, § 3, 10-7-03)