SUBDIVISION
Words or phrases used in this Section shall be defined as set forth below or, if not set forth below, as defined in Chapter 177, Florida Statutes, or if not defined in either location, the word or phrase shall be interpreted so as to give it the meaning it has in common usage and to give this Section its most reasonable application.
Access means the primary means of ingress and egress to abutting property from a dedicated right-of-way.
Alley means a public or private right-of-way which affords only a secondary means of access to property abutting thereon.
Block means a tier or a group of lots existing with 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.
Collector Streets mean streets which serve as the connecting link for local streets and arterials. The traffic characteristics generally consist of relatively short trip lengths with moderate speeds and volumes. In addition, collectors are so functionally classified as such on the Future Traffic Circulation Map of the Comprehensive Plan.
Easement means a strip of land for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.
Final Plat means a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.
Improvements mean street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, road and street signs, landscaping, permanent reference monuments C"PRMs"), permanent control points ("PCPs"), or any other improvements required by these subdivision regulations.
Local Streets mean streets whose primary function is to provide the initial access to the collector and arterial roadways. These facilities are characterized by short trips, low speeds, and small traffic volumes.
Lot Split means either:
(a)
The division of a Parent Tract, not located in a recorded or certified unrecorded subdivision, into two lots or parcels where the division creates at least one lot or parcel of 20 acres or less; or
(b)
The re-configuration of the boundaries of two or more Parent Tracts, not located in a recorded or certified unrecorded subdivision, so that no more than two lots or parcels are created with at least one of the created parcels being 20 acres or less in size.
(c)
The reconfiguration of the boundaries of two lots within a recorded or certified unrecorded subdivision so that both of the following are met:
1.
Both resulting lots conform to the minimum lot size requirement for the land use district within which the lots are located;
OR
If one or both of the existing lots do not conform to the minimum lot size requirement for the land use district in which the lots are located, the change in boundary lines does not increase the nonconformity of either lot.
2.
Neither lot is reduced in size by more than 25 percent.
(d)
The reconfiguration of the boundaries of three or more lots within a recorded or certified unrecorded subdivision so that no more than two developable parcels are created and neither developable parcel is smaller than any of the original lots. If necessary to ensure compliance with the requirement that only two developable parcels are created, the County may require the recording of a document, such as a Unity of Title, to ensure the limited development potential in the future.
Minor Subdivision means a subdivision meeting the following criteria:
(1)
No more than 5 lots are created by the subdivision.
(2)
Each lot fronts on and takes direct access from an existing public roadway.
(3)
The subdivision encompasses the entire parent parcel.
(4)
The parent parcel is not part of a previous minor subdivision.
(5)
The lots in the subdivision do not take access from a major collector or arterial roadway as defined in the Gilchrist County Comprehensive Plan, nor from the following minor collectors: CR 138, CR 232, CR 307, CR 337, CR 340, CR 341, and CR 342.
(6)
The subdivision is not located within ½ mile of another minor subdivision which: (1) was approved within the prior 5 years, and (2) was subdivided by the same person or entity that has a fee simple interest or an option to obtain fee simple interest in the proposed subdivision.
Open Spaces means undeveloped lands suitable for passive recreation or conservation uses.
Parent Tract means:
a.
Each parcel or tract of land created prior to January 1, 2006, where such tract was lawfully created under the Gilchrist County subdivision regulations in effect at the time the parcel or tract was created.
b.
Each lot within a recorded subdivision, or within an unrecorded subdivision listed in Appendix C of this Code. Notwithstanding paragraph a above, if multiple lots are included within a single tax parcel number, each individual lot shall be considered a parent tract.
Plat means a map or drawing depicting the division of land into lots, blocks, parcels, tracts, sites, or other divisions, however the same may be designated, and other information required by these land development regulations. The word plat includes the terms replat or revised plat.
Right-of-Way means land dedicated, deeded, used, or to be used for a street, alley, pedestrian way, crosswalk, sidewalk, bikeway, drainage facility, or other public uses, wherein the owner gives up his or her rights to the property so long as it is being or will be used for the dedicated purpose.
Soil Survey means the United States Department of Agriculture, Soil Conservation Service Soil Survey for the County.
Street means a public or private roadway which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress regardless of the descriptive term used.
Subdivider means any person, firm, corporation, partnership, association, estate, or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including a developer or an agent of a developer.
Subdivision means the division of a parent tract, whether improved or unimproved, into 2 or more lots or parcels of land, for the purpose whether immediate or future, of transfer of ownership, whether by deed, metes and bounds description, devise, lease, map, plat or parcel. The term shall not mean the division of land into parcels of more than 20 acres not involving any change in street lines; the transfer in property by sale, gift or succession (testate or intestate) by the property owner to his or her spouse or lineal descendants in any undivided interest; the transfer of property between tenants in common for the purpose of dissolving the tenancy in common among those tenants if ordered by a court of competent jurisdiction. However, a transfer of property by sale, gift or succession (testate or intestate) shall not ensure that the new parcels are lots of records for the purpose of the County's Land Development Regulations. The term includes a re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.
Utilities mean, but is not necessarily limited to, water systems, electrical power, sanitary sewer systems, storm water management systems, and telephone or television cable systems; or portions, elements, or components thereof.
(Ord. No. 07-07, § 1, 4-16-2007; Ord. No. 2011-09, §§ 5, 6, 7-5-2011; Ord. No. 2024-06, § 1, 10-21-2024)
The appendices set forth in these land development regulations are made a part hereof and shall be used where required by these land development regulations.
(a)
It is hereby declared to be the policy of the Board of County Commissioners to consider the subdivision of land and the development of a subdivision plat as subject to the control of the Board of County Commissioners pursuant to the Comprehensive Plan for the orderly, planned, efficient, and economical development of the area.
(b)
Land to be subdivided shall:
(1)
Aid in the coordination of land development in accordance with orderly physical patterns.
(2)
Discourage haphazard, premature, uneconomic, or scattered land development.
(3)
Ensure safe and convenient traffic control.
(4)
Encourage development of an economically stable and healthful community.
(5)
Ensure adequate utilities.
(6)
Prevent periodic and seasonal flooding by providing adequate protective flood control and drainage facilities.
(7)
Provide public open spaces and/or parks for recreation.
(8)
Assure land subdivision with installation of adequate and necessary physical improvements.
(9)
Assure that citizens and taxpayers will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the subdivider of adequate and necessary physical improvements.
(10)
Assure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed.
(11)
Serve as 1 of the several instruments of implementation for the Comprehensive Plan.
It is the intent of these subdivision regulations to encourage and promote, in accordance with present and future needs, the safety, morals, health, order, convenience, prosperity and general welfare of the residents of the County.
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State to the County. The subdivider has the duty of compliance with reasonable conditions established by the Board of County Commissioners for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economical development of the area and to the safety and general welfare of future property owners in the subdivision and of the community at large.
Land which the Board of County Commissioners finds to be unsuitable for subdivision of development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the health, safety, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the subdivider and approved by the Board of County Commissioners to solve the problems created by the unsuitable land conditions.
(a)
These regulations shall apply to all subdivisions of land, as defined herein, located within the unincorporated area of the County.
(b)
No land shall be subdivided within any area subject to these land development regulations until:
(1)
The subdivider or his agent has obtained approval of the final plat by the Board of County Commissioners; and
(2)
The approved final plat is filed with the Clerk of the Circuit Court of the County.
(c)
No building permit shall be issued for any parcel or plat of land which was created by subdivision after the effective date, of and not in conformity with, the provisions of these land development regulations. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these land development regulations.
Nothing in these subdivision regulations shall be construed as meaning that the Board of County Commissioners shall take over for maintenance any road, street, utilities, public parking or other public area, or drainage facility related thereto, except those designed and built in accordance with the Board of County Commissioners's requirements and accepted for maintenance by specific action by the Board of County Commissioners.
Whenever access to the subdivision is required across land in another government's jurisdiction, the Board of County Commissioners may request assurance from that government's attorney that access is legally established, and that the access road is adequately improved or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road.
If the subdivider places restrictions on any of the land contained in the subdivision greater than those required by these land development regulations, such restriction or reference thereto shall be indicated on the subdivision plat and/or recorded with the Clerk of the Circuit Court of the County.
The subdivision of any lot or parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, or lease, shall be subject to all of the requirements of these land development regulations. Such subdivision of a parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease shall be subject to these subdivision regulations where 2 or more developments which separately do not meet the literal definition of a subdivision but which collectively demonstrate at least 1 of the following characteristics: (1) the same person has retained or shared control of the parcels within the developments, (2) the same person has ownership or a significant legal or equitable interest in the parcels within the developments, (3) there is common management of the development controlling the form of physical development or disposition of parcels of the development, (4) there is a voluntary sharing of infrastructure that is indicative of common development, or (5) there is a common advertising theme or promotional plan for the parcels within the developments.
Every subdivision shall be given a name by which it shall be legally known. Such name shall not be the same or similar to a subdivision name appearing on another recorded plat within the County so as to confuse the records or to mislead the public as to the identity of the subdivision, except when the subdivision is subdivided as an additional unit or section by the same subdivider or his or her successors in title. The name of the subdivision shall be shown in the dedication and shall coincide exactly with the subdivision name. The Board of County Commissioners shall have final authority to approve the names of subdivisions.
The Board of County Commissioners may require the dedication to the public of public pur pose sites (school sites, parks, playground, or other public areas) as are attributable by the Board of County Commissioners to the demand created by the subdivision. At the discretion of the Board of County Commissioners, the subdivider may be required to pay in cash an amount equal to the fair market value of such public purpose sites, said fair market value to be estimated on the basis of platted land without improvements.
The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with these land development regulations of the County and other applicable regulations and in providing driveway access to buildings on such lots from an approved street.
Lot dimensions shall comply with minimum standards as established within this Code. On any lot 5 acres or less in size, the lot length shall not exceed 3 times the width of the lot. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless variation from this rule will provide a better street or lot plan. The entrance of automobiles from the lot to the street shall be approximately at right angles or radial to street lines. Corner lots shall be sufficiently wider and larger to permit additional yard area. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm water drainage pattern for the area in accordance with approved construction plans.
(Ord. No. 2010-12, § 1, 12-6-2010)
Double frontage and reversed frontage lots shall be prohibited except where necessary to provide separation of residential development from existing streets or to overcome specific disadvantages of topography and orientation.
Lots shall not derive access from an existing street except within a minor subdivision.
The subdivider shall adhere to the requirements of Chapter 21HH-6, Florida Administrative Code, regarding the placement of corner stakes.
The proposed use of lots within any subdivision shall comply with those uses permitted by the Comprehensive Plan and these land development regulations. Further, whenever any land in the unincorporated area of the County is subdivided, a building permit for the construction of a residence, commercial building or other principal structure shall not be issued for any such structure on less than a lot as platted within such subdivided land.
(a)
Where required by these land development regulations, the subdivider shall grade and improve streets; install sidewalks, street name signs, street lights, fire hydrants, and curbs and gutters, place monuments and corner stakes and install sanitary sewer and water mains and storm water facilities in accordance with the specifications of these land development regulations and any other specifications established by the Board of County Commissioners. The Board of County Commissioners may, if conditions warrant such action, require that improvements be designed and constructed to higher standards than are incorporated herein. Required improvements shall be paid for by the subdivider.
(b)
In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations:
(1)
Applicable state statutory provisions and state and regional agency rules, including the rules and regulations of the Florida Department of Transportation if the subdivision or any lot contained therein abuts a State highway.
(2)
The Building Code and other applicable land development regulations of the County.
(3)
The Comprehensive Plan in effect at the time of submission.
Subdivisions which are located outside the corporate limits of any municipality but are to be connected to and serviced by municipal utilities such as water, sewage, and/or natural gas shall meet all the requirements of the applicable sections of these land development regulations, as well as municipal regulations governing the design, construction, and connection of such utilities.
(a)
The subdivider shall adhere to the requirements of Chapter 177, Florida Statutes, regarding the placement of all monuments.
(b)
In addition, on final plats, subdivision boundaries must be tied to the "Gilchrist County GPS Network" if located within 3 miles of a control monument, as measured along existing open public right-of-ways, as follows:
(1)
A minimum of 2 control monuments shall be tied to said network.
(2)
The subdivider shall attach a note or table to the final plat, which indicates the control monuments used, their coordinate values and how to convert grid distances to ground distances.
(3)
A minimum of 2 permanent reference monuments (PRM's) on the subdivision boundary shall be tied to and labeled. Their coordinate values shall be shown and referenced to the Florida State plane Coordinate system as derived for the "Gilchrist County GPS Network."
(4)
Surveys shall be performed in compliance with 3rd Order, Class 1 procedures with a minimum accuracy requirement of 1:12,000. All ties to the Control Monuments shall include a closed loop traverse or a traverse closing on a minimum of 2 control points established by celestial observations on independent GPS observations through procedures meeting or exceeding the above stated accuracy requirements along with a copy of the traverse field notes certifying the procedures used. Copies of all field notes must be signed and sealed by a Florida Registered Surveyor and Mapper.
(5)
The final plat shall have a statement that indicates that the ties to the "Gilchrist County GPS Network" were made in accordance with the above requirements.
All subdivisions shall comply with the stormwater management requirements of the Suwannee River Water Management District.
Refer to Article 5 of this Code.
(a)
The arrangements, character, extent, width, grade, and location of all streets shall conform with the Comprehensive Plan, where applicable, and shall be considered in their relations to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of land to be served by such streets. Streets within a residential subdivision shall be dedicated to the perpetual use of the public and shall be designed and constructed in accordance with the standards established in these land development regulations. For nonresidential or mixed use subdivisions, the Board of County Commissioners may approve private streets when constructed to the specifications of these land development regulations and when adequate provision for initial installation and future private maintenance is made for such streets.
(b)
Work performed under these land development regulations concerning road right-of-way clearing and grubbing, earthwork, stabilizing, and construction of a base and surface course shall meet the minimum requirements of the Florida Department of Transportation Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways, latest edition and amendments, where applicable, unless stated otherwise herein. These specifications are intended to govern the equipment, materials, construction methods, and quality control of the work, unless otherwise provided herein. The provisions of those specifications pertaining to basis of payment are not applicable to these land development regulations.
(c)
The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access to such street from property adjacent to the proposed subdivision.
(d)
Where a subdivision borders on an existing street or when the Comprehensive Plan or these land development regulations or other local, regional or State agency plan or program indicates plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to dedicate at his or her expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be dedicated by the subdivider at his or her own expense to the full width as required by these land development regulations.
(e)
It is the policy of the Board of County Commissioners to require paving for the development of all streets and roads in Gilchrist County. The developer of a minor subdivision may be required to pave the road or street immediately serving the lots created by a minor subdivision of the developer's property in accordance with 10.05.02, at the option of the Board of County Commissioners.
(Ord. No. 07-09, § 1, 7-16-2007)
(a)
Street improvements shall be provided as required by the street improvement schedule below.
(b)
For purposes of the street improvement schedule, subdivisions are divided into the following classifications:
A:
Commercial and industrial subdivisions.
B:
Residential subdivisions where any lot is less than or equal to 40,000 square feet.
C:
Residential subdivisions where all lots are greater than 40,000 square feet but less than or equal to 10 acres.
D:
Residential subdivisions where all lots are greater than 10 acres.
(c)
Where the proposed subdivision includes an existing street, said street shall also be improved as required to conform with this schedule.
(d)
Street Improvement Schedule
(Ord. No. 07-09, § 4, 7-16-2007)
(a)
Streets shall be related appropriately to the topography. All streets shall be arranged so as to place as many building sites as possible at or above, the grades of the streets. Grades of streets shall conform as closely as possible with the original topography. A combination of steep grades and curves shall be avoided.
(b)
Local streets shall be laid out to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property.
(c)
The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such configuration will result in a more desirable layout.
(d)
Proposed streets shall be extended to the boundary lines of the tract to be subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the Board of County Commissioners, such extension is neither necessary nor desirable for the coordination of the layout or the most advantageous future development of adjacent tracts.
(e)
In commercial and industrial development, the streets and other accessway shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic.
(a)
Blocks shall have sufficient width to provide for 2 tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to existing streets, railroads, or waterways.
(b)
The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 1,200 feet, nor be less than 400 feet in length.
(c)
The Board of County Commissioners may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.
(d)
Pedestrian ways or crosswalks, not less than 10 feet wide, may be required by the Board of County Commissioners through the center of blocks more than 800 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities.
The following standards shall be followed in establishing street names:
(a)
All street names shall conform with the County's street naming and addressing system and shall be coordinated with the Gilchrist County Property Appraiser.
(b)
The Board of County Commissioners shall have final authority to approve the names of all streets.
(a)
Traffic control signs such as stop signs, speed limit signs, etc. for all subdivisions, all road and street signs shall be designed in number and location to meet Florida Department of Transportation standards and shall be shown on the preliminary plat. Prior to approval of the final plat, the subdivider shall install all required traffic control signs as approved by the Board of County Commissioners and shall maintain and repair such signage as provided in Section 10.07.09 herein. In lieu of installation of such signage prior to the approval of the final plat, the posting of a surety device in accordance with Section 10.07.09 herein shall be filed, approved and accepted by the Board of County Commissioners.
(b)
Street name signs shall be placed by the subdivider at all intersections within or abutting the subdivision. The type and location of the sing shall be approved by the Board of County Commissioners, shall be submitted as part of the preliminary plat, and shall conform with the County's street naming and addressing system.
(a)
Installation of street lights is not required unless the Board of County Commissioners determines the public's safety justifies installation of street lights.
(b)
If street lights are required, they shall be installed by the subdivider and constructed in accordance with the standards of the Board of County Commissioners.
(a)
Dead-end streets are not permitted in any proposed subdivision under these land development regulations. For purposes of these land development regulations, stub streets, as provided for below, are not to be considered dead-end streets.
(b)
The arrangement of streets shall provide for the continuation of arterial and collector streets between the proposed subdivision and adjacent properties where such continuation is necessary to convenient movement of traffic, effective fire protection, efficient provision of utilities, or where such continuation is in accordance with the Comprehensive Plan.
(c)
If property adjacent to the proposed subdivision is undeveloped and the street must temporarily be a stub street (a street planned for future continuation), the street right-of-way shall be extended to the property line of the proposed subdivision. All stub streets which are 250 feet or less shall have a temporary T- or L-shaped turnabout, while stub streets which are greater than 250 feet shall have a temporary cul-de-sac turnabout.
(d)
There shall be a notation on the final plat that land used for a temporary T- or L-shaped cul-de-sac or turnabout which is outside the normal street right-of-way shall revert to abutting land owners whenever the street is continued. The subdivider of the adjoining area shall pay the cost of restoring any stub street to its original design cross-section and extending the street. The Board of County Commissioners may limit the length of temporary stub streets in accordance with the design standards of these land development regulations.
(e)
Cul-de-sacs shall be provided with a turnaround having an outside roadway radius of at least 75 feet, and a street property line radius of at least 85 feet. Cul-de-sacs shall have a maximum length of 1,320 feet including the turnaround.
(a)
Streets shall be laid out so as to intersect as nearly as possible at right angles (see Appendix A). A proposed intersection of 2 new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. No more than 2 streets shall intersect at any 1 point unless specifically approved by the Board of County Commissioners.
(b)
Proposed new intersections along 1 side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with center-line offsets of less than 125 feet shall not be permitted (see Appendix A). Where proposed streets intersect major streets, their alignment shall be continuous.
(c)
Minimum curb radii at the intersection of 2 local streets shall be at least 20 feet, and a minimum curb radius at an intersection involving a collector street shall be at least 25 feet. Abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.
(a)
New central water and sanitary sewer systems where required by the County's Comprehensive Plan shall be designed by a Florida registered engineer in accordance with all applicable regulations of the County Health Department, the Florida Department of Environmental Protection, the Water Management District, and the Florida Department of Health.
(b)
All utilities, public or private, shall be placed in designated utility easements, unless otherwise specifically approved by the County.
(c)
Normally, utility easements across lots or centered on rear or side lot lines will not be permitted. Where, due to topography or other circumstances beyond the control of the subdivider, such easements are deemed by the Board of County Commissioners to be necessary to the reasonable development of the property, such easements shall be at least 15 feet wide and centered as near as practical between the lots.
(Ord. No. 07-09, § 5, 7-16-2007)
(a)
Where a publicly-owned sanitary sewer system is available and reasonably accessible as determined by the Board of County Commissioners, the subdivider shall provide sanitary sewer services to each lot within the subdivision. All sewer lines serving lots within the subdivision shall be designed to operate on a gravity flow basis wherever possible. All sewer lines shall be installed by the subdivider prior to the paving of streets within the subdivision.
(b)
Where lots cannot be served by the extension of an existing publicly-owned sanitary sewer, an alternate method of sewage disposal for each lot may be used in compliance with all applicable standards of the county and state health departments, the Florida Department of Environmental Protection, and any other regional, state or federal agency, as applicable. Alternative methods of sewage disposal shall be so installed as to simplify later connections to a publicly-owned sanitary sewer system as service becomes available.
(c)
The subdivider shall furnish written proof to the Board of County Commissioners which shows that provisions for sanitary sewage disposal of the entire subdivision meets with the approval of the County Health Department. Preliminary plat and construction plan approval shall not be given until this condition has been met.
(a)
Where a publicly-owned water supply is available and within a reasonable distance as determined by the Board of County Commissioners, the subdivider shall provide a system of water mains and shall connect the system to such supply. All water lines shall be installed by the subdivider prior to the paving of streets within the subdivision.
(b)
Where no publicly-owned water supply is available within a reasonable distance, an alternate supply may be used when in compliance with all applicable standards of the county and state health departments, the Florida Department of Environmental Protection, and any other regional, state or federal agency, as applicable.
(c)
The subdivider shall furnish written proof to the Board of County Commissioners showing that provisions for water supply of the entire subdivision meet with the approval of the County Health Department. Preliminary plat and construction plan approval shall not be given until this condition has been met.
(d)
Fire protection improvements shall be provided when the subdivision is connected to a publicly-owned water system and shall include the installation of fire hydrants to water mains with a minimum pipe size of 6 inches in diameter.
(e)
If fire protection improvements are required, then fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of each lot. Also, the distribution system shall be capable of delivering, in addition to domestic requirements of residual pressures of not less than 20 pounds per square inch and fire flows of at least 500 gallons per minute.
(f)
Where there is a reasonable expectation that centralized water will be available to the subdivision within five years of final plat approval, appropriately-sized water lines shall be installed as part of the required improvements for the subdivision. The water lines shall be sized, and shall have stub outs, to allow for the installation of fire hydrants within the subdivision in such a manner as to comply with all applicable county and state fire code requirements. Where there is a reasonable expectation that centralized water will be available to the subdivision within ten years of final plat approval, appropriately-sized sleeves shall be installed under all roads as part of the required improvements for the subdivision. The prediction of availability shall be obtained in writing from the Nature Coast Regional Water Authority, or successor entity.
(Ord. No. 2009-11, § 2, 10-19-2009)
Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his or her authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the procedures set forth in this Article.
The subdivider or his or her representative shall have a pre-application conference with the Land Development Regulation Administrator and other departments or agencies as the case may require, in order that the subdivider may become familiar with the requirements of these land development regulations, and any provisions of the Comprehensive Plan affecting the land in which the proposed subdivision is located. If an application for subdivision approval is not submitted within 90 days of the pre-application conference, a new pre-application conference shall be requested prior to submitting the application.
(Ord. No. 07-09, § 2, 7-16-2007)
Proposed subdivisions meeting the criteria of a Minor Subdivision as defined herein shall be reviewed by the Planning Commission prior to final approval by the Board of County Commissioners, but shall not otherwise have to comply with sections 10.07.06 and 10.07.07. A final plat may be prepared directly following the pre-application conference in accordance with the final plat procedure as outlined in Section 10.07.08.
(a)
Proposed subdivisions meeting the criteria of a Lot Split as defined herein shall not have to comply with the platting requirements herein so long as all of the conditions below are met:
(1)
Each proposed lot must conform to the requirements of these land development regulations and the Gilchrist County Comprehensive Plan, and must be shown on a boundary survey prepared by a Florida Registered Surveyor. Provided, however:
a.
Where the boundaries of two or more existing Parent Tracts are being re-configured by way of the lot split process, the resulting parcels need not comply with lot size requirements so long as neither of the resulting two parcels is smaller than the smallest of the original Parent Tracts.
b.
Where a single Parent Tract is being divided into two parcels, one of the parcels may be in the form of a "flag lot" if such configuration is the most practicable way to provide direct access by both lots to the public roadway.
(2)
Access may be via direct access to an existing public street or via a perpetual ingress and egress easement, with a minimum width of a 30-foot, which connects to an existing public street.
(3)
If the adjacent street right-of-way utilized for access does not conform to the design specifications of this land development code, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.
(b)
If the proposed lot split meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the Planning Director shall approve the application and the attached boundary survey. The Planning Director shall establish a procedure for recording and monitoring lot splits.
(c)
Any further division of a parent tract shall be deemed a subdivision and shall comply with all platting requirements of these regulations.
(Ord. No. 07-07, § 2, 4-16-2007; Ord. No. 07-10, § 10, 7-16-2007; Ord. No. 2024-06, § 1, 10-21-2024)
(a)
If a subdivision is going to be developed in multiple phases, then a master plan for the entire development site must be approved by the Board of County Commissioners.
(b)
A master plan shall provide the following information for the entire subdivision. These requirements do not substitute for any information required to be provided as part of a preliminary plat, final plat, or construction plans as provided in this Section.
(1)
A concept plan for the entire master plan area.
(2)
A development phasing schedule including the sequence for each phase.
(3)
Total acreage in each phase and gross density (residential) and intensity (non-residential) of each phase.
(4)
Number, height, and type of residential units.
(5)
Floor area, height, and types of residences, office, commercial, industrial and other proposed uses.
(6)
Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.
(7)
Approximate location of proposed and existing streets, sidewalks, and bicycle lanes, including points of ingress and egress.
(8)
Approximate location and acreage of any proposed public use facilities such as parks, school sites, and similar public or semi-public land uses, if any.
(9)
Each proposed phase of the development shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.
(10)
A vicinity map of the area within one-half mile surrounding the site showing land use and zoning designations, traffic circulation systems, major public facilities, and municipal boundary lines.
(11)
Other documentation necessary to permit satisfactory review under the requirements of these Land Development Regulations and Comprehensive Plan, or other federal, state, or regional regulations that may be applicable and required by special circumstances in the determination of the Land Development Regulation Administrator.
(c)
The Master Plan must be submitted simultaneously with an application for review of a preliminary plat for the first phase of the development, and must be approved prior to approval of the preliminary plat for the first phase. Once a complete master plan has been submitted to the County, it will be considered, in the first instance, at a regularly-scheduled public meeting of the Planning Commission. After the Master Plan has been considered by the Planning Commission, it will then be forwarded to the Board of County Commissioners where it will either be approved, denied, or approved with conditions at a regularly-scheduled public meeting.
(d)
An approved Master Plan shall provide vested rights only for residential density, non-residential intensity, conceptual site layout, common areas, and ingress and egress points. A Master Plan shall not be treated as a zoning district. Any and all development and subsequent use of land, water and structures within the area covered by a Master Plan must be in compliance with the provisions of the land use district in which the development is located.
(e)
After the approval of a Master Plan, and the conditions and auxiliary documentation that govern it, any and all development and subsequent use of land, water and structures within the area covered by a Master Plan must be substantially in compliance with the approved Master Plan and its conditions and auxiliary documentation.
(f)
Approval of a Master Plan shall not be construed as the issuance of any development order or as an approval of preliminary or final plats for any phase of a subdivision. Any material change to a Master Plan must be approved prior to any preliminary or final plat being approved based on the change.
(g)
When considering proposed plats based on an approved Master Plan, the Board of County Commissioners shall approve plats, or elements thereof, that are substantially in compliance with an approved Master Plan. This shall not be construed as limiting the ability of the Board of County Commissioners to enforce any adopted subdivision regulations, zoning district regulations, and other land use regulations that pertain to items that are not vested through a Master Plan, as outlined in (d) above.
(h)
If the county discovers noncompliance with an approved Master Plan, the county may withhold any permit, certificate or license to construct, occupy or use any part of the development. This will not be construed to injure the rights of tenants of previously completed and properly occupied phases.
(i)
Access points (e.g. driveways) directly onto the County street system must be in substantial compliance with the approved Master Plan. Access points other than those approved locations shown on the Master Plan are not guaranteed or vested.
(a)
The subdivider shall submit to the Planning Director preliminary plat materials in accord with Section 10.08.
(b)
In order to allow the County Road Superintendent to review the safety of the proposed locations where new subdivision roads will connect with County roads, all such points of connection shall, at the time of submittal of the preliminary plat materials, be flagged at the right-of-way line.
(c)
The Planning Director shall transmit copies of the preliminary plat materials to members of the Technical Review Committee. The subdivider shall transmit copies to other non-County departments or agencies as may require review and comment.
(d)
The Planning Director shall place the preliminary plat on the next available agenda of the Technical Review Committee allowing at least 5 working days for each member to review the plans prior to the meeting. The Technical Review Committee shall review the preliminary plat at a regularly scheduled meeting, with each member providing comments, if any, on the proposed plat. The Planning Director shall compile these comments and provide a copy to the subdivider and include a copy along with the preliminary plat when it is provided to the Planning Commission for its review.
(e)
Following review by the Technical Review Committee, the Planning Director shall place the preliminary plat on the next available agenda of the Planning Commission for review to determine conformity with the Comprehensive Plan and these land development regulations. At the meeting, any person may appear in person or by agent. The Planning Commission shall recommend approval, approval subject to conditions, or disapproval of the preliminary plat to the Board of County Commissioners. In approving subject to conditions or in disapproving, the reasons for such action shall be stated in writing to the subdivider and the Board of County Commissioners. Reference shall be made to the specific sections of these land development regulations, the Comprehensive Plan, or other ordinances or regulations with which the preliminary plat does not comply.
(f)
After review and recommendation of the Planning Commission, the Board of County Commissioners shall consider approval, approval with conditions, or disapproval of the preliminary plat at its next regularly scheduled meeting as part of a previously prepared agenda. At the meeting, any person may appear in person or by agent. The reasons for approving the preliminary plat subject to conditions or disapproving shall be stated in writing to the subdivider. Reference should be made to the specific sections of these land development regulations, the Comprehensive Plan, or other ordinances or regulations of the County with which the preliminary plat does not comply.
(g)
The action of the Board of County Commissioners shall be noted on 2 copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained in the office of the Land Development Regulation Administrator.
(h)
Approval of the preliminary plat shall not constitute approval of the final plat. Approval of the preliminary plat shall be deemed an expression of approval of the layout submitted as a guide to the preparation of the final plat. Any change in the number and configuration of lots and/or the addition of a new street subsequent to preliminary plat approval shall require the subdivider to re-submit the preliminary plat and follow the procedures for approval of the preliminary plat. Approval of the preliminary plat shall be valid for a period of 24 months, but may be extended by a request from the subdivider and approval of the Board of County Commissioners for a period not to exceed an additional 12 months, provided the request for extension is made prior to the expiration of the initial approval period. After the expiration date, the subdivider must re-submit the preliminary plat and follow the procedures for approval of the preliminary plat.
(a)
Following preliminary plat approval by the Board of County Commissioners, the subdivider shall submit to the Planning Director construction plan materials in accord with the requirements of Section 10.08 below.
(b)
The Planning Director shall transmit copies of the construction plan materials to the members of the Technical Review Committee. The subdivider shall transmit copies to other non-County departments or agencies as may require review and comment.
(c)
The Planning Director shall place the construction plans on the next available agenda of the Technical Review Committee allowing at least 5 working days for each member to review the plans prior to the meeting. The Technical Review Committee shall consider approval, approval with conditions, or disapproval of the construction plans. The reasons for approving with conditions or disapproving shall be stated in writing to the subdivider. Reference should be made to the specific sections of these or other applicable ordinances or regulations with which the construction plans do not comply.
(d)
Approval of the preliminary plat by the County Commission and construction plans by the Technical Review Committee is authorization for the subdivider to proceed with site development and the installation of improvements in accordance with the approved construction plans, subject to the approval of other agencies having authority and any requirement of the county for building or construction permits. In the event minor changes or deviations from the approved construction plans are necessary due to requirements caused by actual construction or other necessary causes, the Planning Director shall may authorize such minor changes or deviations. If the Planning Director finds the changes to be significant, the requested changes may be brought back before the Technical Review Committee for review. If changes or deviations are authorized, the subdivider shall submit new construction plan materials as specified herein.
(a)
Following approval of the preliminary plat and construction plans and while the preliminary plat approval is in effect, the subdivider shall submit to the Planning Director final plat materials in accord with the requirements of Section 10.08 below.
(b)
The final plat shall include the information showing compliance with any conditions imposed at the time of conditional approval of the preliminary plat or of the construction plans. Also, the final plat shall conform to all applicable provisions of Chapter 177, Florida Statutes.
(c)
The Board of County Commissioners shall consider and take action on the final plat at its next regularly scheduled meeting as part of a previously prepared agenda. The final plat shall not be approved unless:
(1)
It conforms to the preliminary plat as approved, and with any conditions placed on such approval.
(2)
The requirements of 10.07.09 below have been met.
(d)
Upon final plat approval by the Board of County Commissioners, the subdivider shall submit the original and 3 copies of the approved final plat for execution to the Planning Director. Upon execution, the subdivider shall, within 60 days, take the signed original and 1 signed copy of the approved final plat to the Clerk of the Circuit Court of the County for recording. The subdivider shall pay all recording costs. Two signed copies of the final plat shall be filed in the office of the Planning Director. Failure of the subdivider to meet the 60-day requirement mentioned above shall have the effect of canceling the Board of County Commissioners' approval of the final plat.
(a)
A final plat shall not be approved by the County Commission unless:
(1)
Required improvements have been installed and accepted by the County pursuant to the requirements of (b) below; or
(2)
Required improvements that are to remain private have passed inspection after the one-year maintenance period prescribed in (b) below; or
(3)
The developer provides assurance that the required improvements will be installed within a reasonable period of time pursuant to the requirements of (c) below.
(b)
When improvements are installed and completed prior to final plat approval, the following shall occur prior to final plat approval by the County Commission:
(1)
The Planning Director, Road Superintendent, and any other necessary county officials have inspected the construction work and have determined that the work has been completed in a satisfactory manner in compliance with the construction plans and the requirements of these land development regulations.
(2)
A maintenance agreement and security shall be provided to assure the County that all required improvements shall be maintained by the developer according to the following requirements:
a.
The period of maintenance shall be a minimum of 1 year.
b.
The maintenance period shall begin with approval by the County of the final plat.
c.
The security shall be in the amount of 15% of the construction cost of the improvements and shall be for a term of 15 months starting on the date of approval of the County of the final plat.
d.
During the maintenance period the roadways within the subdivision shall remain open to the public and no gate shall block access to such roads.
(3)
Within 60 days of the end of the one-year maintenance period, the subdivider shall apply to transfer such improvement maintenance to the County. Before said improvements are accepted for maintenance and the surety released by the County Commission, the County Road Superintendent shall certify that such improvements are in good repair. If the improvements are to remain private, such improvements shall be certified as in good repair before the security is released, but thereafter shall remain private with private maintenance rather than being transferred to the County.
(c)
When required improvements are to be installed after final plat approval, the County Commission shall not approve the final plat unless:
(1)
The developer has offered a surety device that will guarantee construction of the improvements within a reasonable period of time as set by the County Commission. Such surety shall:
a.
Cover at least 125 percent of the estimated cost of all required improvements with estimated costs to be established by bona fide bids of one or more contractors on the required improvements, or a copy of all executed contracts for the installation of the required improvements.
b.
Be for a term beginning on the date of final plat approval and extending for a period of not less than 3 months beyond the deadline for completing the improvements.
c.
Be conditioned upon the faithful performance by the subdivider of:
1.
All work required to complete all improvements and installations for the subdivision or unit division thereof, in compliance with these land development regulations and within a specified time as determined between the subdivider and the Board of County Commissioners; and
2.
Maintenance of the improvements for 1 year after acceptance of the improvements by the County. The surety amount may be reduced to 15% of the construction cost and shall be for a term of 15 months starting on the date of acceptance of the improvements by the County.
d.
Be payable to, and for the indemnification of, the Board of County Commissioners.
e.
Be approved by the County Attorney.
(2)
The approval of the final plat shall be conditioned on the limitation that no building permit may be issued for construction on a lot within the subdivision until such time as the improvements have been installed and found by the County to have been completed in a satisfactory manner in compliance with the construction plans and the requirements of these land development regulations.
(d)
Special Assessment District.
(1)
As a condition for final approval of any subdivision within which will be constructed paved roads (including sidewalks, stormwater management facilities, or other associated improvements) to be dedicated to the public and transferred to the County for county maintenance, the developer shall consent to the creation of a special assessment district pursuant to Article III, Chapter 70, Gilchrist County Code. The boundaries of the special assessment district shall be the defined and platted boundaries of the proposed subdivision.
(2)
The purpose of the special assessment district shall be to establish an assessment on a per-lot basis to provide the funds necessary to re-pave the newly constructed roads, and to replace or repair as necessary the sidewalks, stormwater management facilities, and other improvements associated with the paved roads, when such re-paving, replacement and/or repair are necessary in the future.
(3)
Within the special assessment district there shall be imposed on each lot an annual amount of money necessary to re-pave the newly constructed roads, and to replace or repair as necessary the sidewalks, stormwater management facilities, and other improvements associated with the paved roads, when such re-paving, replacement and/or repair are necessary in the future. The amount of such assessment shall be determined by the board of county commissioners at the time the plat is submitted for final approval and shall be based upon the recommendation and estimated costs as determined by the county administrator, county road department, and county engineer.
(4)
The amount assessed against each lot shall be reflected on the ad valorem tax bills received by the owners of each lot at the time the ad valorem tax bills are prepared by the county tax collector.
(5)
The funds collected by way of each special assessment district shall be accounted for separately and may be used only for the purposes as set forth herein.
(Ord. No. 07-09, § 3, 7-16-2007; Ord. No. 2009-03, § 1, 10-19-2009; Ord. No. 2011-09, § 7, 7-5-2011)
(a)
The County Commission shall have the discretion, upon a finding that such would better serve the public interest, to allow the developer of a subdivision to provide for the private maintenance of water and sewer systems, roads and streets, easements and/or stormwater control systems. This may be accomplished through ownership of the facilities by the developer, creation of an owners association, or other legally binding means which will ensure that improvements are adequately maintained through time.
(b)
Any such means for private maintenance of improvements must:
(1)
Be established and legally recorded before any lots are sold;
(2)
Ensure that each lot owned and any successive buyers participate in the maintenance program;
(3)
Be a permanent means of providing for maintenance;
(4)
Require that each lot owner pay a pro rata share of cost, and that the pro rata assessment become a lien on a lot if not paid; and,
(5)
Provide a method for adjusting assessments as may be necessary,
(6)
Include means legally enforceable by the county to guarantee payment of such sums of money as are necessary for the maintenance.
(c)
Notwithstanding the foregoing, improvements to be privately maintained shall be maintained by the developer for not less than 1 year subject to the agreement, inspection, and surety requirements of 10.07.09 above.
(Ord. No. 07-09, § 6, 7-16-2007; Ord. No. 2011-09, § 8, 7-5-2011)
(a)
Where the improvements within a subdivision are to be dedicated to Gilchrist County, a dedication in substantially the following form shall appear on the plat:
[NAME OF OWNER] certifies ownership of [COMPLETE NAME OF PLAT] shown and described hereon, and does hereby dedicate and set apart all of the [INDICATE ONLY THE FOLLOWING WHICH ACTUALLY APPLY] streets, alleys, walks, thoroughfares, front, rear and side lot line utility and drainage easements, parks and other open spaces, canals and drainage and other easements shown and described on this plat, for said uses and purposes to the County of Gilchrist forever.
(b)
Where the improvements within a subdivision are to be privately-owned and maintained, a dedication in substantially the following form shall appear on the plat:
[Name of Owner] certifies ownership of [COMPLETE NAME OF PLAT] shown and described hereon, and does hereby dedicate and set apart all of the (INDICATE ONLY THE FOLLOWING WHICH ACTUALLY APPLY) streets, walks, alleys, thoroughfares, front, rear and side lot line utility and drainage easements, parks and other open spaces, canals and drainage and other easements shown and described on this plat, for said uses and purposes to the property owners of [COMPLETE NAME OF PLAT], their successors, assigns, respective guests, licensees, invitees, utilities serving the Subdivision, emergency and law enforcement personnel serving the Subdivision, and other persons providing essential services to the Subdivision forever. Subject, however, to any rights dedicated to the County of Gilchrist by this Plat.
(a)
For any change in a map of an approved or recorded subdivision plat including a "parent tract" as defined herein, if such change affects any street layout shown on such map or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the Board of County Commissioners by the same procedure, rules, and regulations as for a subdivision.
(b)
Whenever a parcel of land is subdivided and the subdivision plat shows 1 or more lots containing more than 1 acre of land and where such lots could eventually be resubdivided into smaller building sites, the Board of County Commissioners may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets and utilities. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
(a)
The vacation and annulment of plats shall be according to Chapter 177, Florida Statues. In addition, the Board of County Commissioners may, on its own motion, order the vacation and revision to acreage of all or any part of a subdivision within its jurisdiction including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or other parcels, when: (1) the plat of which subdivision was recorded as provided by law not less than 5 years before the date of such action, and (2) in which subdivision or part thereof not more than 10 percent of the total subdivision area has been sold as lots by the original subdivider or his or her successor in title. Such action shall be based on a finding by the Board of County Commissioners that the proposed vacation and reversion to acreage of subdivided land conforms with the Comprehensive Plan and that the public health, safety, economy, comfort, order, convenience, and welfare will be promoted thereby. Before acting on a proposal for vacation and reversion of subdivided land to acreage, the Board of County Commissioners shall hold a public hearing thereon with due public notice.
(b)
No owner of any parcel of land in a subdivision shall be deprived by the reversion to acreage of all or any part of the subdivision of reasonable access to existing facilities to which such parcel has theretofore had access, provided that such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto.
(c)
If land in a subdivision or part thereof is proposed for reversion to acreage, the Board of County Commissioners shall conduct proceedings for amending the zoning district designation of such acreage as may be deemed advisable in view of the conditions that will exist subsequent to such reversion to acreage.
(a)
The contents of notices, and the description of the different types of notice, shall be as set forth in Section 12.13 of this Code.
(b)
Notice shall be provided under this Article as set forth in the Table below.
(Ord. No. 2009-02, § 11, 2-16-2009)
(a)
All preliminary and final plats shall be prepared by a Florida Registered Surveyor.
(b)
Construction plans and specifications for required improvements shall be prepared by a registered engineer.
(c)
The subdivider shall present a letter to the Board of County Commissioners certifying that he or she has employed a Florida Registered Surveyor to prepare the plats and if construction plans are required, a registered engineer.
(a)
The preliminary plat shall be drawn clearly and legibly at a scale of at least 1 inch equals 100 feet using a sheet size of 24 inches by 36 inches, reserving a 3 inch binding margin on the left side and ½ inch margin on the other three sides (see Appendix A). If more than 1 sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet.
(b)
Twelve sets of the preliminary plat and necessary supporting material shall be submitted. In addition, the applicant shall submit an electronic TIF or JPG version of the preliminary plat.
(c)
The preliminary plat shall contain the following information:
(1)
Proposed name of subdivision, and existing name if resubdivision is proposed.
(2)
Name, address, and telephone number of the subdivider and agent of the subdivider. A statement of the owner's interest in the land, including a statement whether or not any mineral rights for land covered by the plat have been conveyed.
(3)
Name, address, telephone number, and registration number of surveyor and engineer.
(4)
Date of boundary survey, north arrow, graphic scale, date of plat drawing, and space for revision dates.
(5)
Existing contours at 5 foot intervals based on U.S. Coastal and Geodetic Datum for the tract to be subdivided and extending 25 feet beyond the tract boundary.
(6)
Vicinity map showing location with respect to existing roads, landmarks, section lines and quarter section lines, etc., and total acreage of the subdivision and total number of lots. The vicinity map shall be drawn to show clearly the information required, but not less than 1 inch to 2,000 feet. U.S. Geological Survey Maps may be used as a reference guide for the vicinity map.
(7)
Boundary line of the tract, by bearing and distance, drawn by a heavy line.
(8)
Legal description of the tract to be subdivided.
(9)
Names of owners of adjoining land with their approximate acreage or, if developed, names of abutting subdivisions.
(10)
Existing streets, utilities, and easements on and adjacent to the tract, including the name, purpose, location, and size of each and the invert elevation of sewers.
(11)
Other existing improvements including buildings on or adjacent to the tract.
(12)
Preliminary layout including streets and easements with dimensions and street names, lot lines with appropriate dimensions, land to be reserved or dedicated for public or common uses, and any land to be used for purposes other than single-family dwellings.
(13)
Block letters and lot numbers, lot lines, and scaled dimensions.
(14)
Land use district boundaries on and abutting the tract.
(15)
Proposed method of water supply, sewage disposal, drainage, and street lighting.
(16)
Minimum building front yard setback lines as required by these land development regulations.
(17)
Typical street cross-sections for each street type and the location of all road and street signs and street name signs as required within these land development regulations shall also be noted on a separate sheet.
(18)
Natural features, including lakes, marshes or swamps, water courses, wooded areas, and land subject to the 100-year flood as defined by the Federal Emergency Management Agency, official flood maps.
(19)
Surface drainage and direction of flow and method of disposition and retention indicated.
(20)
Soil survey map.
(21)
Subsurface conditions of the tract showing: subsurface soil, rock and ground water conditions, location and results of soil percolation tests, and location and extent of muck pockets.
(22)
Existing and proposed covenants and restrictions.
(23)
Inscription stating "NOT FOR FINAL RECORDING".
(24)
Any other information that may be considered necessary by either the subdivider, the Planning Commission or the Board of County Commissioners for full and proper consideration of the proposed subdivision.
(Ord. No. 07-09, § 7, 7-16-2007)
(a)
Plans for the required improvements shall be prepared for the approval of the Technical Review Committee prior to construction and after approval of the preliminary plat. Construction plans shall show the proposed locations, sizes, grades, and general design features of each facility.
(b)
Twelve sets of construction plans and necessary supporting material shall be submitted.
(c)
Construction plans shall be drawn to a scale of 1 inch represents 100 feet or larger and shall consist of the following:
(1)
A topographic map of the subdivision with a maximum contour interval of 1 foot where overall slopes are 0 percent to 2 percent, 2 feet where slopes are over 2 percent, based on U.S. Coastal and Geodetic Datum. This topographic map shall be prepared by a land surveyor.
(2)
A contour drainage map of the basins within the proposed subdivision, with the size of each basin shown in acres. The outlines and sizes, in acres, of all existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. Each drainage area shall be clearly delineated. Flow paths shall be indicated throughout. Existing and proposed structures affecting the drainage shall be shown.
(3)
Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, and other proposed subdivision improvements.
(4)
Plans and profiles for all proposed streets and curbs are required. Where proposed streets intersect existing streets, elevations and other pertinent details shall be shown for existing streets for a minimum distance of 300 feet from point of intersection.
(5)
Plans of any proposed water distribution system and sanitary sewer collection system showing pipe sizes and location of valves, pumping stations and fire hydrants, where the installation of such facilities are required by these land development regulations.
(6)
Plans for all road and street signs and street name signs showing the location of such signage and any other traffic safety control devices which is required or proposed. In addition, the specifications for such signage shall be provided as part of this plan, which shall detail in diagram form as necessary the size, material, color, and specifications for installation of such signage.
(7)
Other information on the construction plans as may be required by the Technical Review Committee.
(d)
Upon completion of improvements in the subdivision, the subdivider shall submit 3 blue line sets and 1 reproducible set of blue prints showing "as-built" improvements.
(a)
The final plat shall be drawn clearly and legibly in ink at a scale of at least 1 inch equals 100 feet using a sheet size of 24 inches by 36 inches. Each sheet shall be drawn with a marginal line completely around the sheet and placed so as to leave a 3 inch binding margin on the left side and a ½ inch margin on the other 3 sides (see Appendix A). If more than 1 sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet.
(b)
Twelve sets of the final plat and necessary supporting material shall be submitted. In addition, the applicant shall submit an electronic TIF or JPG version of the final plat.
(c)
The final plat shall contain the following information:
(1)
Name of subdivision shall be shown in bold legible letters, as stated in Chapter 177, Florida Statutes. The name of the subdivision shall be shown on each sheet included and shall have legible lettering of the same size and type including the words "section," "unit," "replat," "amended," etc.
(2)
Name and address of subdivider.
(3)
North arrow, graphic scale, and date of plat drawing.
(4)
Vicinity map showing location with respect to existing streets, landmarks, etc., and total acreage of the subdivision and total number of lots. The vicinity map shall be drawn to show clearly the information required, but not less than 1 inch to 2,000 feet. U.S. Geological Survey Maps may be used as a reference guide for the vicinity map.
(5)
Exact boundary line of the tract, determined by a field survey, giving distances to the nearest 1/100 foot and angles to the nearest minute, shall be balanced and closed with an apparent error of closure not to exceed 1 in 5,000.
(6)
Legal description of the tract.
(7)
Names of owners of adjoining lands with their approximate acreage or, if developed, names of abutting subdivisions.
(8)
Location of streams, lakes and swamps, and land subject to the 100-year flood as defined by the Federal Emergency Management Agency, official flood maps.
(9)
Bearing and distance to permanent points on the nearest existing street lines of bench marks or other permanent monuments (not less than 3) shall be accurately described on the plat.
(10)
Municipal and County lines shall be accurately tied to the lines of the subdivision by distance and angles when such lines traverse or are reasonably close to the subdivision.
(11)
The closest land lot corner shall be accurately tied to the lines of the subdivision by distance and angles.
(12)
Location, dimensions, and purposes of any land reserved or dedicated for public use.
(13)
Exact locations, width, and names of all streets within and immediately adjoining the new subdivision.
(14)
Street right-of-way lines shall show deflection angles of intersection, radii, and lines of tangents.
(15)
Lot lines shall be shown with dimensions to the nearest 1/100 foot and bearings.
(16)
Lots shall be numbered in numerical order and blocks lettered alphabetically.
(17)
Accurate location and description of monuments and markers.
(18)
Minimum building front yard setback lines as required by these land development regulations.
(19)
Reference to recorded subdivision plats of adjoining platted land shall be shown by recorded names, plat book, and page number.
(20)
Covenants and restrictions notice in accordance with Chapter 177.091 (28), Florida Statutes.
(d)
The following certificates shall appear on the final plat, and shall be properly signed before the final plat is submitted to the Board of County Commissioners and the Certificate of Approval by the Board of County Commissioners shall be properly signed after the final plat is approved by the Board of County Commissioners. (see Appendix A).
(1)
Certificate of Surveyor.
(2)
Certificate of the Subdivider's Engineer.
(3)
Certificate of Approval by the County Property Appraiser.
(4)
Certificate of Approval by the County Reviewing Engineer or Land Surveyor.
(5)
Certificate of Approval by County Health Department.
(6)
Certificate of Approval by the Attorney for the County.
(7)
Certificate of Approval by the Board of County Commissioners.
(e)
The following shall also be included on the final plat:
(1)
A dedication to the public by the owners of the land involved of all streets, drainage easements, and other rights-of-way however designated and shown on the plat for perpetual use for public purposes, including vehicular access rights where required. If the property is encumbered by a mortgage, the owner of the mortgage shall join in the dedication or in some other manner subordinate the mortgagee's interest to the dedication of public right-of-way.
(2)
Certification that all payable taxes have been paid and all tax sales against the land redeemed.
(3)
Title certification as required by Chapter 177, Florida Statutes.
SUBDIVISION
Words or phrases used in this Section shall be defined as set forth below or, if not set forth below, as defined in Chapter 177, Florida Statutes, or if not defined in either location, the word or phrase shall be interpreted so as to give it the meaning it has in common usage and to give this Section its most reasonable application.
Access means the primary means of ingress and egress to abutting property from a dedicated right-of-way.
Alley means a public or private right-of-way which affords only a secondary means of access to property abutting thereon.
Block means a tier or a group of lots existing with 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.
Collector Streets mean streets which serve as the connecting link for local streets and arterials. The traffic characteristics generally consist of relatively short trip lengths with moderate speeds and volumes. In addition, collectors are so functionally classified as such on the Future Traffic Circulation Map of the Comprehensive Plan.
Easement means a strip of land for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.
Final Plat means a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.
Improvements mean street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, road and street signs, landscaping, permanent reference monuments C"PRMs"), permanent control points ("PCPs"), or any other improvements required by these subdivision regulations.
Local Streets mean streets whose primary function is to provide the initial access to the collector and arterial roadways. These facilities are characterized by short trips, low speeds, and small traffic volumes.
Lot Split means either:
(a)
The division of a Parent Tract, not located in a recorded or certified unrecorded subdivision, into two lots or parcels where the division creates at least one lot or parcel of 20 acres or less; or
(b)
The re-configuration of the boundaries of two or more Parent Tracts, not located in a recorded or certified unrecorded subdivision, so that no more than two lots or parcels are created with at least one of the created parcels being 20 acres or less in size.
(c)
The reconfiguration of the boundaries of two lots within a recorded or certified unrecorded subdivision so that both of the following are met:
1.
Both resulting lots conform to the minimum lot size requirement for the land use district within which the lots are located;
OR
If one or both of the existing lots do not conform to the minimum lot size requirement for the land use district in which the lots are located, the change in boundary lines does not increase the nonconformity of either lot.
2.
Neither lot is reduced in size by more than 25 percent.
(d)
The reconfiguration of the boundaries of three or more lots within a recorded or certified unrecorded subdivision so that no more than two developable parcels are created and neither developable parcel is smaller than any of the original lots. If necessary to ensure compliance with the requirement that only two developable parcels are created, the County may require the recording of a document, such as a Unity of Title, to ensure the limited development potential in the future.
Minor Subdivision means a subdivision meeting the following criteria:
(1)
No more than 5 lots are created by the subdivision.
(2)
Each lot fronts on and takes direct access from an existing public roadway.
(3)
The subdivision encompasses the entire parent parcel.
(4)
The parent parcel is not part of a previous minor subdivision.
(5)
The lots in the subdivision do not take access from a major collector or arterial roadway as defined in the Gilchrist County Comprehensive Plan, nor from the following minor collectors: CR 138, CR 232, CR 307, CR 337, CR 340, CR 341, and CR 342.
(6)
The subdivision is not located within ½ mile of another minor subdivision which: (1) was approved within the prior 5 years, and (2) was subdivided by the same person or entity that has a fee simple interest or an option to obtain fee simple interest in the proposed subdivision.
Open Spaces means undeveloped lands suitable for passive recreation or conservation uses.
Parent Tract means:
a.
Each parcel or tract of land created prior to January 1, 2006, where such tract was lawfully created under the Gilchrist County subdivision regulations in effect at the time the parcel or tract was created.
b.
Each lot within a recorded subdivision, or within an unrecorded subdivision listed in Appendix C of this Code. Notwithstanding paragraph a above, if multiple lots are included within a single tax parcel number, each individual lot shall be considered a parent tract.
Plat means a map or drawing depicting the division of land into lots, blocks, parcels, tracts, sites, or other divisions, however the same may be designated, and other information required by these land development regulations. The word plat includes the terms replat or revised plat.
Right-of-Way means land dedicated, deeded, used, or to be used for a street, alley, pedestrian way, crosswalk, sidewalk, bikeway, drainage facility, or other public uses, wherein the owner gives up his or her rights to the property so long as it is being or will be used for the dedicated purpose.
Soil Survey means the United States Department of Agriculture, Soil Conservation Service Soil Survey for the County.
Street means a public or private roadway which affords the principal means of access to abutting property. Street includes lanes, ways, places, drives, boulevards, roads, avenues, or other means of ingress or egress regardless of the descriptive term used.
Subdivider means any person, firm, corporation, partnership, association, estate, or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including a developer or an agent of a developer.
Subdivision means the division of a parent tract, whether improved or unimproved, into 2 or more lots or parcels of land, for the purpose whether immediate or future, of transfer of ownership, whether by deed, metes and bounds description, devise, lease, map, plat or parcel. The term shall not mean the division of land into parcels of more than 20 acres not involving any change in street lines; the transfer in property by sale, gift or succession (testate or intestate) by the property owner to his or her spouse or lineal descendants in any undivided interest; the transfer of property between tenants in common for the purpose of dissolving the tenancy in common among those tenants if ordered by a court of competent jurisdiction. However, a transfer of property by sale, gift or succession (testate or intestate) shall not ensure that the new parcels are lots of records for the purpose of the County's Land Development Regulations. The term includes a re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.
Utilities mean, but is not necessarily limited to, water systems, electrical power, sanitary sewer systems, storm water management systems, and telephone or television cable systems; or portions, elements, or components thereof.
(Ord. No. 07-07, § 1, 4-16-2007; Ord. No. 2011-09, §§ 5, 6, 7-5-2011; Ord. No. 2024-06, § 1, 10-21-2024)
The appendices set forth in these land development regulations are made a part hereof and shall be used where required by these land development regulations.
(a)
It is hereby declared to be the policy of the Board of County Commissioners to consider the subdivision of land and the development of a subdivision plat as subject to the control of the Board of County Commissioners pursuant to the Comprehensive Plan for the orderly, planned, efficient, and economical development of the area.
(b)
Land to be subdivided shall:
(1)
Aid in the coordination of land development in accordance with orderly physical patterns.
(2)
Discourage haphazard, premature, uneconomic, or scattered land development.
(3)
Ensure safe and convenient traffic control.
(4)
Encourage development of an economically stable and healthful community.
(5)
Ensure adequate utilities.
(6)
Prevent periodic and seasonal flooding by providing adequate protective flood control and drainage facilities.
(7)
Provide public open spaces and/or parks for recreation.
(8)
Assure land subdivision with installation of adequate and necessary physical improvements.
(9)
Assure that citizens and taxpayers will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the subdivider of adequate and necessary physical improvements.
(10)
Assure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed.
(11)
Serve as 1 of the several instruments of implementation for the Comprehensive Plan.
It is the intent of these subdivision regulations to encourage and promote, in accordance with present and future needs, the safety, morals, health, order, convenience, prosperity and general welfare of the residents of the County.
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State to the County. The subdivider has the duty of compliance with reasonable conditions established by the Board of County Commissioners for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economical development of the area and to the safety and general welfare of future property owners in the subdivision and of the community at large.
Land which the Board of County Commissioners finds to be unsuitable for subdivision of development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the health, safety, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the subdivider and approved by the Board of County Commissioners to solve the problems created by the unsuitable land conditions.
(a)
These regulations shall apply to all subdivisions of land, as defined herein, located within the unincorporated area of the County.
(b)
No land shall be subdivided within any area subject to these land development regulations until:
(1)
The subdivider or his agent has obtained approval of the final plat by the Board of County Commissioners; and
(2)
The approved final plat is filed with the Clerk of the Circuit Court of the County.
(c)
No building permit shall be issued for any parcel or plat of land which was created by subdivision after the effective date, of and not in conformity with, the provisions of these land development regulations. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these land development regulations.
Nothing in these subdivision regulations shall be construed as meaning that the Board of County Commissioners shall take over for maintenance any road, street, utilities, public parking or other public area, or drainage facility related thereto, except those designed and built in accordance with the Board of County Commissioners's requirements and accepted for maintenance by specific action by the Board of County Commissioners.
Whenever access to the subdivision is required across land in another government's jurisdiction, the Board of County Commissioners may request assurance from that government's attorney that access is legally established, and that the access road is adequately improved or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road.
If the subdivider places restrictions on any of the land contained in the subdivision greater than those required by these land development regulations, such restriction or reference thereto shall be indicated on the subdivision plat and/or recorded with the Clerk of the Circuit Court of the County.
The subdivision of any lot or parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, or lease, shall be subject to all of the requirements of these land development regulations. Such subdivision of a parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease shall be subject to these subdivision regulations where 2 or more developments which separately do not meet the literal definition of a subdivision but which collectively demonstrate at least 1 of the following characteristics: (1) the same person has retained or shared control of the parcels within the developments, (2) the same person has ownership or a significant legal or equitable interest in the parcels within the developments, (3) there is common management of the development controlling the form of physical development or disposition of parcels of the development, (4) there is a voluntary sharing of infrastructure that is indicative of common development, or (5) there is a common advertising theme or promotional plan for the parcels within the developments.
Every subdivision shall be given a name by which it shall be legally known. Such name shall not be the same or similar to a subdivision name appearing on another recorded plat within the County so as to confuse the records or to mislead the public as to the identity of the subdivision, except when the subdivision is subdivided as an additional unit or section by the same subdivider or his or her successors in title. The name of the subdivision shall be shown in the dedication and shall coincide exactly with the subdivision name. The Board of County Commissioners shall have final authority to approve the names of subdivisions.
The Board of County Commissioners may require the dedication to the public of public pur pose sites (school sites, parks, playground, or other public areas) as are attributable by the Board of County Commissioners to the demand created by the subdivision. At the discretion of the Board of County Commissioners, the subdivider may be required to pay in cash an amount equal to the fair market value of such public purpose sites, said fair market value to be estimated on the basis of platted land without improvements.
The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with these land development regulations of the County and other applicable regulations and in providing driveway access to buildings on such lots from an approved street.
Lot dimensions shall comply with minimum standards as established within this Code. On any lot 5 acres or less in size, the lot length shall not exceed 3 times the width of the lot. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless variation from this rule will provide a better street or lot plan. The entrance of automobiles from the lot to the street shall be approximately at right angles or radial to street lines. Corner lots shall be sufficiently wider and larger to permit additional yard area. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm water drainage pattern for the area in accordance with approved construction plans.
(Ord. No. 2010-12, § 1, 12-6-2010)
Double frontage and reversed frontage lots shall be prohibited except where necessary to provide separation of residential development from existing streets or to overcome specific disadvantages of topography and orientation.
Lots shall not derive access from an existing street except within a minor subdivision.
The subdivider shall adhere to the requirements of Chapter 21HH-6, Florida Administrative Code, regarding the placement of corner stakes.
The proposed use of lots within any subdivision shall comply with those uses permitted by the Comprehensive Plan and these land development regulations. Further, whenever any land in the unincorporated area of the County is subdivided, a building permit for the construction of a residence, commercial building or other principal structure shall not be issued for any such structure on less than a lot as platted within such subdivided land.
(a)
Where required by these land development regulations, the subdivider shall grade and improve streets; install sidewalks, street name signs, street lights, fire hydrants, and curbs and gutters, place monuments and corner stakes and install sanitary sewer and water mains and storm water facilities in accordance with the specifications of these land development regulations and any other specifications established by the Board of County Commissioners. The Board of County Commissioners may, if conditions warrant such action, require that improvements be designed and constructed to higher standards than are incorporated herein. Required improvements shall be paid for by the subdivider.
(b)
In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations:
(1)
Applicable state statutory provisions and state and regional agency rules, including the rules and regulations of the Florida Department of Transportation if the subdivision or any lot contained therein abuts a State highway.
(2)
The Building Code and other applicable land development regulations of the County.
(3)
The Comprehensive Plan in effect at the time of submission.
Subdivisions which are located outside the corporate limits of any municipality but are to be connected to and serviced by municipal utilities such as water, sewage, and/or natural gas shall meet all the requirements of the applicable sections of these land development regulations, as well as municipal regulations governing the design, construction, and connection of such utilities.
(a)
The subdivider shall adhere to the requirements of Chapter 177, Florida Statutes, regarding the placement of all monuments.
(b)
In addition, on final plats, subdivision boundaries must be tied to the "Gilchrist County GPS Network" if located within 3 miles of a control monument, as measured along existing open public right-of-ways, as follows:
(1)
A minimum of 2 control monuments shall be tied to said network.
(2)
The subdivider shall attach a note or table to the final plat, which indicates the control monuments used, their coordinate values and how to convert grid distances to ground distances.
(3)
A minimum of 2 permanent reference monuments (PRM's) on the subdivision boundary shall be tied to and labeled. Their coordinate values shall be shown and referenced to the Florida State plane Coordinate system as derived for the "Gilchrist County GPS Network."
(4)
Surveys shall be performed in compliance with 3rd Order, Class 1 procedures with a minimum accuracy requirement of 1:12,000. All ties to the Control Monuments shall include a closed loop traverse or a traverse closing on a minimum of 2 control points established by celestial observations on independent GPS observations through procedures meeting or exceeding the above stated accuracy requirements along with a copy of the traverse field notes certifying the procedures used. Copies of all field notes must be signed and sealed by a Florida Registered Surveyor and Mapper.
(5)
The final plat shall have a statement that indicates that the ties to the "Gilchrist County GPS Network" were made in accordance with the above requirements.
All subdivisions shall comply with the stormwater management requirements of the Suwannee River Water Management District.
Refer to Article 5 of this Code.
(a)
The arrangements, character, extent, width, grade, and location of all streets shall conform with the Comprehensive Plan, where applicable, and shall be considered in their relations to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of land to be served by such streets. Streets within a residential subdivision shall be dedicated to the perpetual use of the public and shall be designed and constructed in accordance with the standards established in these land development regulations. For nonresidential or mixed use subdivisions, the Board of County Commissioners may approve private streets when constructed to the specifications of these land development regulations and when adequate provision for initial installation and future private maintenance is made for such streets.
(b)
Work performed under these land development regulations concerning road right-of-way clearing and grubbing, earthwork, stabilizing, and construction of a base and surface course shall meet the minimum requirements of the Florida Department of Transportation Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways, latest edition and amendments, where applicable, unless stated otherwise herein. These specifications are intended to govern the equipment, materials, construction methods, and quality control of the work, unless otherwise provided herein. The provisions of those specifications pertaining to basis of payment are not applicable to these land development regulations.
(c)
The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access to such street from property adjacent to the proposed subdivision.
(d)
Where a subdivision borders on an existing street or when the Comprehensive Plan or these land development regulations or other local, regional or State agency plan or program indicates plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to dedicate at his or her expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be dedicated by the subdivider at his or her own expense to the full width as required by these land development regulations.
(e)
It is the policy of the Board of County Commissioners to require paving for the development of all streets and roads in Gilchrist County. The developer of a minor subdivision may be required to pave the road or street immediately serving the lots created by a minor subdivision of the developer's property in accordance with 10.05.02, at the option of the Board of County Commissioners.
(Ord. No. 07-09, § 1, 7-16-2007)
(a)
Street improvements shall be provided as required by the street improvement schedule below.
(b)
For purposes of the street improvement schedule, subdivisions are divided into the following classifications:
A:
Commercial and industrial subdivisions.
B:
Residential subdivisions where any lot is less than or equal to 40,000 square feet.
C:
Residential subdivisions where all lots are greater than 40,000 square feet but less than or equal to 10 acres.
D:
Residential subdivisions where all lots are greater than 10 acres.
(c)
Where the proposed subdivision includes an existing street, said street shall also be improved as required to conform with this schedule.
(d)
Street Improvement Schedule
(Ord. No. 07-09, § 4, 7-16-2007)
(a)
Streets shall be related appropriately to the topography. All streets shall be arranged so as to place as many building sites as possible at or above, the grades of the streets. Grades of streets shall conform as closely as possible with the original topography. A combination of steep grades and curves shall be avoided.
(b)
Local streets shall be laid out to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property.
(c)
The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such configuration will result in a more desirable layout.
(d)
Proposed streets shall be extended to the boundary lines of the tract to be subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the Board of County Commissioners, such extension is neither necessary nor desirable for the coordination of the layout or the most advantageous future development of adjacent tracts.
(e)
In commercial and industrial development, the streets and other accessway shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic.
(a)
Blocks shall have sufficient width to provide for 2 tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to existing streets, railroads, or waterways.
(b)
The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 1,200 feet, nor be less than 400 feet in length.
(c)
The Board of County Commissioners may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.
(d)
Pedestrian ways or crosswalks, not less than 10 feet wide, may be required by the Board of County Commissioners through the center of blocks more than 800 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities.
The following standards shall be followed in establishing street names:
(a)
All street names shall conform with the County's street naming and addressing system and shall be coordinated with the Gilchrist County Property Appraiser.
(b)
The Board of County Commissioners shall have final authority to approve the names of all streets.
(a)
Traffic control signs such as stop signs, speed limit signs, etc. for all subdivisions, all road and street signs shall be designed in number and location to meet Florida Department of Transportation standards and shall be shown on the preliminary plat. Prior to approval of the final plat, the subdivider shall install all required traffic control signs as approved by the Board of County Commissioners and shall maintain and repair such signage as provided in Section 10.07.09 herein. In lieu of installation of such signage prior to the approval of the final plat, the posting of a surety device in accordance with Section 10.07.09 herein shall be filed, approved and accepted by the Board of County Commissioners.
(b)
Street name signs shall be placed by the subdivider at all intersections within or abutting the subdivision. The type and location of the sing shall be approved by the Board of County Commissioners, shall be submitted as part of the preliminary plat, and shall conform with the County's street naming and addressing system.
(a)
Installation of street lights is not required unless the Board of County Commissioners determines the public's safety justifies installation of street lights.
(b)
If street lights are required, they shall be installed by the subdivider and constructed in accordance with the standards of the Board of County Commissioners.
(a)
Dead-end streets are not permitted in any proposed subdivision under these land development regulations. For purposes of these land development regulations, stub streets, as provided for below, are not to be considered dead-end streets.
(b)
The arrangement of streets shall provide for the continuation of arterial and collector streets between the proposed subdivision and adjacent properties where such continuation is necessary to convenient movement of traffic, effective fire protection, efficient provision of utilities, or where such continuation is in accordance with the Comprehensive Plan.
(c)
If property adjacent to the proposed subdivision is undeveloped and the street must temporarily be a stub street (a street planned for future continuation), the street right-of-way shall be extended to the property line of the proposed subdivision. All stub streets which are 250 feet or less shall have a temporary T- or L-shaped turnabout, while stub streets which are greater than 250 feet shall have a temporary cul-de-sac turnabout.
(d)
There shall be a notation on the final plat that land used for a temporary T- or L-shaped cul-de-sac or turnabout which is outside the normal street right-of-way shall revert to abutting land owners whenever the street is continued. The subdivider of the adjoining area shall pay the cost of restoring any stub street to its original design cross-section and extending the street. The Board of County Commissioners may limit the length of temporary stub streets in accordance with the design standards of these land development regulations.
(e)
Cul-de-sacs shall be provided with a turnaround having an outside roadway radius of at least 75 feet, and a street property line radius of at least 85 feet. Cul-de-sacs shall have a maximum length of 1,320 feet including the turnaround.
(a)
Streets shall be laid out so as to intersect as nearly as possible at right angles (see Appendix A). A proposed intersection of 2 new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. No more than 2 streets shall intersect at any 1 point unless specifically approved by the Board of County Commissioners.
(b)
Proposed new intersections along 1 side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with center-line offsets of less than 125 feet shall not be permitted (see Appendix A). Where proposed streets intersect major streets, their alignment shall be continuous.
(c)
Minimum curb radii at the intersection of 2 local streets shall be at least 20 feet, and a minimum curb radius at an intersection involving a collector street shall be at least 25 feet. Abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.
(a)
New central water and sanitary sewer systems where required by the County's Comprehensive Plan shall be designed by a Florida registered engineer in accordance with all applicable regulations of the County Health Department, the Florida Department of Environmental Protection, the Water Management District, and the Florida Department of Health.
(b)
All utilities, public or private, shall be placed in designated utility easements, unless otherwise specifically approved by the County.
(c)
Normally, utility easements across lots or centered on rear or side lot lines will not be permitted. Where, due to topography or other circumstances beyond the control of the subdivider, such easements are deemed by the Board of County Commissioners to be necessary to the reasonable development of the property, such easements shall be at least 15 feet wide and centered as near as practical between the lots.
(Ord. No. 07-09, § 5, 7-16-2007)
(a)
Where a publicly-owned sanitary sewer system is available and reasonably accessible as determined by the Board of County Commissioners, the subdivider shall provide sanitary sewer services to each lot within the subdivision. All sewer lines serving lots within the subdivision shall be designed to operate on a gravity flow basis wherever possible. All sewer lines shall be installed by the subdivider prior to the paving of streets within the subdivision.
(b)
Where lots cannot be served by the extension of an existing publicly-owned sanitary sewer, an alternate method of sewage disposal for each lot may be used in compliance with all applicable standards of the county and state health departments, the Florida Department of Environmental Protection, and any other regional, state or federal agency, as applicable. Alternative methods of sewage disposal shall be so installed as to simplify later connections to a publicly-owned sanitary sewer system as service becomes available.
(c)
The subdivider shall furnish written proof to the Board of County Commissioners which shows that provisions for sanitary sewage disposal of the entire subdivision meets with the approval of the County Health Department. Preliminary plat and construction plan approval shall not be given until this condition has been met.
(a)
Where a publicly-owned water supply is available and within a reasonable distance as determined by the Board of County Commissioners, the subdivider shall provide a system of water mains and shall connect the system to such supply. All water lines shall be installed by the subdivider prior to the paving of streets within the subdivision.
(b)
Where no publicly-owned water supply is available within a reasonable distance, an alternate supply may be used when in compliance with all applicable standards of the county and state health departments, the Florida Department of Environmental Protection, and any other regional, state or federal agency, as applicable.
(c)
The subdivider shall furnish written proof to the Board of County Commissioners showing that provisions for water supply of the entire subdivision meet with the approval of the County Health Department. Preliminary plat and construction plan approval shall not be given until this condition has been met.
(d)
Fire protection improvements shall be provided when the subdivision is connected to a publicly-owned water system and shall include the installation of fire hydrants to water mains with a minimum pipe size of 6 inches in diameter.
(e)
If fire protection improvements are required, then fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of each lot. Also, the distribution system shall be capable of delivering, in addition to domestic requirements of residual pressures of not less than 20 pounds per square inch and fire flows of at least 500 gallons per minute.
(f)
Where there is a reasonable expectation that centralized water will be available to the subdivision within five years of final plat approval, appropriately-sized water lines shall be installed as part of the required improvements for the subdivision. The water lines shall be sized, and shall have stub outs, to allow for the installation of fire hydrants within the subdivision in such a manner as to comply with all applicable county and state fire code requirements. Where there is a reasonable expectation that centralized water will be available to the subdivision within ten years of final plat approval, appropriately-sized sleeves shall be installed under all roads as part of the required improvements for the subdivision. The prediction of availability shall be obtained in writing from the Nature Coast Regional Water Authority, or successor entity.
(Ord. No. 2009-11, § 2, 10-19-2009)
Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his or her authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the procedures set forth in this Article.
The subdivider or his or her representative shall have a pre-application conference with the Land Development Regulation Administrator and other departments or agencies as the case may require, in order that the subdivider may become familiar with the requirements of these land development regulations, and any provisions of the Comprehensive Plan affecting the land in which the proposed subdivision is located. If an application for subdivision approval is not submitted within 90 days of the pre-application conference, a new pre-application conference shall be requested prior to submitting the application.
(Ord. No. 07-09, § 2, 7-16-2007)
Proposed subdivisions meeting the criteria of a Minor Subdivision as defined herein shall be reviewed by the Planning Commission prior to final approval by the Board of County Commissioners, but shall not otherwise have to comply with sections 10.07.06 and 10.07.07. A final plat may be prepared directly following the pre-application conference in accordance with the final plat procedure as outlined in Section 10.07.08.
(a)
Proposed subdivisions meeting the criteria of a Lot Split as defined herein shall not have to comply with the platting requirements herein so long as all of the conditions below are met:
(1)
Each proposed lot must conform to the requirements of these land development regulations and the Gilchrist County Comprehensive Plan, and must be shown on a boundary survey prepared by a Florida Registered Surveyor. Provided, however:
a.
Where the boundaries of two or more existing Parent Tracts are being re-configured by way of the lot split process, the resulting parcels need not comply with lot size requirements so long as neither of the resulting two parcels is smaller than the smallest of the original Parent Tracts.
b.
Where a single Parent Tract is being divided into two parcels, one of the parcels may be in the form of a "flag lot" if such configuration is the most practicable way to provide direct access by both lots to the public roadway.
(2)
Access may be via direct access to an existing public street or via a perpetual ingress and egress easement, with a minimum width of a 30-foot, which connects to an existing public street.
(3)
If the adjacent street right-of-way utilized for access does not conform to the design specifications of this land development code, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.
(b)
If the proposed lot split meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the Planning Director shall approve the application and the attached boundary survey. The Planning Director shall establish a procedure for recording and monitoring lot splits.
(c)
Any further division of a parent tract shall be deemed a subdivision and shall comply with all platting requirements of these regulations.
(Ord. No. 07-07, § 2, 4-16-2007; Ord. No. 07-10, § 10, 7-16-2007; Ord. No. 2024-06, § 1, 10-21-2024)
(a)
If a subdivision is going to be developed in multiple phases, then a master plan for the entire development site must be approved by the Board of County Commissioners.
(b)
A master plan shall provide the following information for the entire subdivision. These requirements do not substitute for any information required to be provided as part of a preliminary plat, final plat, or construction plans as provided in this Section.
(1)
A concept plan for the entire master plan area.
(2)
A development phasing schedule including the sequence for each phase.
(3)
Total acreage in each phase and gross density (residential) and intensity (non-residential) of each phase.
(4)
Number, height, and type of residential units.
(5)
Floor area, height, and types of residences, office, commercial, industrial and other proposed uses.
(6)
Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.
(7)
Approximate location of proposed and existing streets, sidewalks, and bicycle lanes, including points of ingress and egress.
(8)
Approximate location and acreage of any proposed public use facilities such as parks, school sites, and similar public or semi-public land uses, if any.
(9)
Each proposed phase of the development shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.
(10)
A vicinity map of the area within one-half mile surrounding the site showing land use and zoning designations, traffic circulation systems, major public facilities, and municipal boundary lines.
(11)
Other documentation necessary to permit satisfactory review under the requirements of these Land Development Regulations and Comprehensive Plan, or other federal, state, or regional regulations that may be applicable and required by special circumstances in the determination of the Land Development Regulation Administrator.
(c)
The Master Plan must be submitted simultaneously with an application for review of a preliminary plat for the first phase of the development, and must be approved prior to approval of the preliminary plat for the first phase. Once a complete master plan has been submitted to the County, it will be considered, in the first instance, at a regularly-scheduled public meeting of the Planning Commission. After the Master Plan has been considered by the Planning Commission, it will then be forwarded to the Board of County Commissioners where it will either be approved, denied, or approved with conditions at a regularly-scheduled public meeting.
(d)
An approved Master Plan shall provide vested rights only for residential density, non-residential intensity, conceptual site layout, common areas, and ingress and egress points. A Master Plan shall not be treated as a zoning district. Any and all development and subsequent use of land, water and structures within the area covered by a Master Plan must be in compliance with the provisions of the land use district in which the development is located.
(e)
After the approval of a Master Plan, and the conditions and auxiliary documentation that govern it, any and all development and subsequent use of land, water and structures within the area covered by a Master Plan must be substantially in compliance with the approved Master Plan and its conditions and auxiliary documentation.
(f)
Approval of a Master Plan shall not be construed as the issuance of any development order or as an approval of preliminary or final plats for any phase of a subdivision. Any material change to a Master Plan must be approved prior to any preliminary or final plat being approved based on the change.
(g)
When considering proposed plats based on an approved Master Plan, the Board of County Commissioners shall approve plats, or elements thereof, that are substantially in compliance with an approved Master Plan. This shall not be construed as limiting the ability of the Board of County Commissioners to enforce any adopted subdivision regulations, zoning district regulations, and other land use regulations that pertain to items that are not vested through a Master Plan, as outlined in (d) above.
(h)
If the county discovers noncompliance with an approved Master Plan, the county may withhold any permit, certificate or license to construct, occupy or use any part of the development. This will not be construed to injure the rights of tenants of previously completed and properly occupied phases.
(i)
Access points (e.g. driveways) directly onto the County street system must be in substantial compliance with the approved Master Plan. Access points other than those approved locations shown on the Master Plan are not guaranteed or vested.
(a)
The subdivider shall submit to the Planning Director preliminary plat materials in accord with Section 10.08.
(b)
In order to allow the County Road Superintendent to review the safety of the proposed locations where new subdivision roads will connect with County roads, all such points of connection shall, at the time of submittal of the preliminary plat materials, be flagged at the right-of-way line.
(c)
The Planning Director shall transmit copies of the preliminary plat materials to members of the Technical Review Committee. The subdivider shall transmit copies to other non-County departments or agencies as may require review and comment.
(d)
The Planning Director shall place the preliminary plat on the next available agenda of the Technical Review Committee allowing at least 5 working days for each member to review the plans prior to the meeting. The Technical Review Committee shall review the preliminary plat at a regularly scheduled meeting, with each member providing comments, if any, on the proposed plat. The Planning Director shall compile these comments and provide a copy to the subdivider and include a copy along with the preliminary plat when it is provided to the Planning Commission for its review.
(e)
Following review by the Technical Review Committee, the Planning Director shall place the preliminary plat on the next available agenda of the Planning Commission for review to determine conformity with the Comprehensive Plan and these land development regulations. At the meeting, any person may appear in person or by agent. The Planning Commission shall recommend approval, approval subject to conditions, or disapproval of the preliminary plat to the Board of County Commissioners. In approving subject to conditions or in disapproving, the reasons for such action shall be stated in writing to the subdivider and the Board of County Commissioners. Reference shall be made to the specific sections of these land development regulations, the Comprehensive Plan, or other ordinances or regulations with which the preliminary plat does not comply.
(f)
After review and recommendation of the Planning Commission, the Board of County Commissioners shall consider approval, approval with conditions, or disapproval of the preliminary plat at its next regularly scheduled meeting as part of a previously prepared agenda. At the meeting, any person may appear in person or by agent. The reasons for approving the preliminary plat subject to conditions or disapproving shall be stated in writing to the subdivider. Reference should be made to the specific sections of these land development regulations, the Comprehensive Plan, or other ordinances or regulations of the County with which the preliminary plat does not comply.
(g)
The action of the Board of County Commissioners shall be noted on 2 copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained in the office of the Land Development Regulation Administrator.
(h)
Approval of the preliminary plat shall not constitute approval of the final plat. Approval of the preliminary plat shall be deemed an expression of approval of the layout submitted as a guide to the preparation of the final plat. Any change in the number and configuration of lots and/or the addition of a new street subsequent to preliminary plat approval shall require the subdivider to re-submit the preliminary plat and follow the procedures for approval of the preliminary plat. Approval of the preliminary plat shall be valid for a period of 24 months, but may be extended by a request from the subdivider and approval of the Board of County Commissioners for a period not to exceed an additional 12 months, provided the request for extension is made prior to the expiration of the initial approval period. After the expiration date, the subdivider must re-submit the preliminary plat and follow the procedures for approval of the preliminary plat.
(a)
Following preliminary plat approval by the Board of County Commissioners, the subdivider shall submit to the Planning Director construction plan materials in accord with the requirements of Section 10.08 below.
(b)
The Planning Director shall transmit copies of the construction plan materials to the members of the Technical Review Committee. The subdivider shall transmit copies to other non-County departments or agencies as may require review and comment.
(c)
The Planning Director shall place the construction plans on the next available agenda of the Technical Review Committee allowing at least 5 working days for each member to review the plans prior to the meeting. The Technical Review Committee shall consider approval, approval with conditions, or disapproval of the construction plans. The reasons for approving with conditions or disapproving shall be stated in writing to the subdivider. Reference should be made to the specific sections of these or other applicable ordinances or regulations with which the construction plans do not comply.
(d)
Approval of the preliminary plat by the County Commission and construction plans by the Technical Review Committee is authorization for the subdivider to proceed with site development and the installation of improvements in accordance with the approved construction plans, subject to the approval of other agencies having authority and any requirement of the county for building or construction permits. In the event minor changes or deviations from the approved construction plans are necessary due to requirements caused by actual construction or other necessary causes, the Planning Director shall may authorize such minor changes or deviations. If the Planning Director finds the changes to be significant, the requested changes may be brought back before the Technical Review Committee for review. If changes or deviations are authorized, the subdivider shall submit new construction plan materials as specified herein.
(a)
Following approval of the preliminary plat and construction plans and while the preliminary plat approval is in effect, the subdivider shall submit to the Planning Director final plat materials in accord with the requirements of Section 10.08 below.
(b)
The final plat shall include the information showing compliance with any conditions imposed at the time of conditional approval of the preliminary plat or of the construction plans. Also, the final plat shall conform to all applicable provisions of Chapter 177, Florida Statutes.
(c)
The Board of County Commissioners shall consider and take action on the final plat at its next regularly scheduled meeting as part of a previously prepared agenda. The final plat shall not be approved unless:
(1)
It conforms to the preliminary plat as approved, and with any conditions placed on such approval.
(2)
The requirements of 10.07.09 below have been met.
(d)
Upon final plat approval by the Board of County Commissioners, the subdivider shall submit the original and 3 copies of the approved final plat for execution to the Planning Director. Upon execution, the subdivider shall, within 60 days, take the signed original and 1 signed copy of the approved final plat to the Clerk of the Circuit Court of the County for recording. The subdivider shall pay all recording costs. Two signed copies of the final plat shall be filed in the office of the Planning Director. Failure of the subdivider to meet the 60-day requirement mentioned above shall have the effect of canceling the Board of County Commissioners' approval of the final plat.
(a)
A final plat shall not be approved by the County Commission unless:
(1)
Required improvements have been installed and accepted by the County pursuant to the requirements of (b) below; or
(2)
Required improvements that are to remain private have passed inspection after the one-year maintenance period prescribed in (b) below; or
(3)
The developer provides assurance that the required improvements will be installed within a reasonable period of time pursuant to the requirements of (c) below.
(b)
When improvements are installed and completed prior to final plat approval, the following shall occur prior to final plat approval by the County Commission:
(1)
The Planning Director, Road Superintendent, and any other necessary county officials have inspected the construction work and have determined that the work has been completed in a satisfactory manner in compliance with the construction plans and the requirements of these land development regulations.
(2)
A maintenance agreement and security shall be provided to assure the County that all required improvements shall be maintained by the developer according to the following requirements:
a.
The period of maintenance shall be a minimum of 1 year.
b.
The maintenance period shall begin with approval by the County of the final plat.
c.
The security shall be in the amount of 15% of the construction cost of the improvements and shall be for a term of 15 months starting on the date of approval of the County of the final plat.
d.
During the maintenance period the roadways within the subdivision shall remain open to the public and no gate shall block access to such roads.
(3)
Within 60 days of the end of the one-year maintenance period, the subdivider shall apply to transfer such improvement maintenance to the County. Before said improvements are accepted for maintenance and the surety released by the County Commission, the County Road Superintendent shall certify that such improvements are in good repair. If the improvements are to remain private, such improvements shall be certified as in good repair before the security is released, but thereafter shall remain private with private maintenance rather than being transferred to the County.
(c)
When required improvements are to be installed after final plat approval, the County Commission shall not approve the final plat unless:
(1)
The developer has offered a surety device that will guarantee construction of the improvements within a reasonable period of time as set by the County Commission. Such surety shall:
a.
Cover at least 125 percent of the estimated cost of all required improvements with estimated costs to be established by bona fide bids of one or more contractors on the required improvements, or a copy of all executed contracts for the installation of the required improvements.
b.
Be for a term beginning on the date of final plat approval and extending for a period of not less than 3 months beyond the deadline for completing the improvements.
c.
Be conditioned upon the faithful performance by the subdivider of:
1.
All work required to complete all improvements and installations for the subdivision or unit division thereof, in compliance with these land development regulations and within a specified time as determined between the subdivider and the Board of County Commissioners; and
2.
Maintenance of the improvements for 1 year after acceptance of the improvements by the County. The surety amount may be reduced to 15% of the construction cost and shall be for a term of 15 months starting on the date of acceptance of the improvements by the County.
d.
Be payable to, and for the indemnification of, the Board of County Commissioners.
e.
Be approved by the County Attorney.
(2)
The approval of the final plat shall be conditioned on the limitation that no building permit may be issued for construction on a lot within the subdivision until such time as the improvements have been installed and found by the County to have been completed in a satisfactory manner in compliance with the construction plans and the requirements of these land development regulations.
(d)
Special Assessment District.
(1)
As a condition for final approval of any subdivision within which will be constructed paved roads (including sidewalks, stormwater management facilities, or other associated improvements) to be dedicated to the public and transferred to the County for county maintenance, the developer shall consent to the creation of a special assessment district pursuant to Article III, Chapter 70, Gilchrist County Code. The boundaries of the special assessment district shall be the defined and platted boundaries of the proposed subdivision.
(2)
The purpose of the special assessment district shall be to establish an assessment on a per-lot basis to provide the funds necessary to re-pave the newly constructed roads, and to replace or repair as necessary the sidewalks, stormwater management facilities, and other improvements associated with the paved roads, when such re-paving, replacement and/or repair are necessary in the future.
(3)
Within the special assessment district there shall be imposed on each lot an annual amount of money necessary to re-pave the newly constructed roads, and to replace or repair as necessary the sidewalks, stormwater management facilities, and other improvements associated with the paved roads, when such re-paving, replacement and/or repair are necessary in the future. The amount of such assessment shall be determined by the board of county commissioners at the time the plat is submitted for final approval and shall be based upon the recommendation and estimated costs as determined by the county administrator, county road department, and county engineer.
(4)
The amount assessed against each lot shall be reflected on the ad valorem tax bills received by the owners of each lot at the time the ad valorem tax bills are prepared by the county tax collector.
(5)
The funds collected by way of each special assessment district shall be accounted for separately and may be used only for the purposes as set forth herein.
(Ord. No. 07-09, § 3, 7-16-2007; Ord. No. 2009-03, § 1, 10-19-2009; Ord. No. 2011-09, § 7, 7-5-2011)
(a)
The County Commission shall have the discretion, upon a finding that such would better serve the public interest, to allow the developer of a subdivision to provide for the private maintenance of water and sewer systems, roads and streets, easements and/or stormwater control systems. This may be accomplished through ownership of the facilities by the developer, creation of an owners association, or other legally binding means which will ensure that improvements are adequately maintained through time.
(b)
Any such means for private maintenance of improvements must:
(1)
Be established and legally recorded before any lots are sold;
(2)
Ensure that each lot owned and any successive buyers participate in the maintenance program;
(3)
Be a permanent means of providing for maintenance;
(4)
Require that each lot owner pay a pro rata share of cost, and that the pro rata assessment become a lien on a lot if not paid; and,
(5)
Provide a method for adjusting assessments as may be necessary,
(6)
Include means legally enforceable by the county to guarantee payment of such sums of money as are necessary for the maintenance.
(c)
Notwithstanding the foregoing, improvements to be privately maintained shall be maintained by the developer for not less than 1 year subject to the agreement, inspection, and surety requirements of 10.07.09 above.
(Ord. No. 07-09, § 6, 7-16-2007; Ord. No. 2011-09, § 8, 7-5-2011)
(a)
Where the improvements within a subdivision are to be dedicated to Gilchrist County, a dedication in substantially the following form shall appear on the plat:
[NAME OF OWNER] certifies ownership of [COMPLETE NAME OF PLAT] shown and described hereon, and does hereby dedicate and set apart all of the [INDICATE ONLY THE FOLLOWING WHICH ACTUALLY APPLY] streets, alleys, walks, thoroughfares, front, rear and side lot line utility and drainage easements, parks and other open spaces, canals and drainage and other easements shown and described on this plat, for said uses and purposes to the County of Gilchrist forever.
(b)
Where the improvements within a subdivision are to be privately-owned and maintained, a dedication in substantially the following form shall appear on the plat:
[Name of Owner] certifies ownership of [COMPLETE NAME OF PLAT] shown and described hereon, and does hereby dedicate and set apart all of the (INDICATE ONLY THE FOLLOWING WHICH ACTUALLY APPLY) streets, walks, alleys, thoroughfares, front, rear and side lot line utility and drainage easements, parks and other open spaces, canals and drainage and other easements shown and described on this plat, for said uses and purposes to the property owners of [COMPLETE NAME OF PLAT], their successors, assigns, respective guests, licensees, invitees, utilities serving the Subdivision, emergency and law enforcement personnel serving the Subdivision, and other persons providing essential services to the Subdivision forever. Subject, however, to any rights dedicated to the County of Gilchrist by this Plat.
(a)
For any change in a map of an approved or recorded subdivision plat including a "parent tract" as defined herein, if such change affects any street layout shown on such map or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the Board of County Commissioners by the same procedure, rules, and regulations as for a subdivision.
(b)
Whenever a parcel of land is subdivided and the subdivision plat shows 1 or more lots containing more than 1 acre of land and where such lots could eventually be resubdivided into smaller building sites, the Board of County Commissioners may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets and utilities. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
(a)
The vacation and annulment of plats shall be according to Chapter 177, Florida Statues. In addition, the Board of County Commissioners may, on its own motion, order the vacation and revision to acreage of all or any part of a subdivision within its jurisdiction including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or other parcels, when: (1) the plat of which subdivision was recorded as provided by law not less than 5 years before the date of such action, and (2) in which subdivision or part thereof not more than 10 percent of the total subdivision area has been sold as lots by the original subdivider or his or her successor in title. Such action shall be based on a finding by the Board of County Commissioners that the proposed vacation and reversion to acreage of subdivided land conforms with the Comprehensive Plan and that the public health, safety, economy, comfort, order, convenience, and welfare will be promoted thereby. Before acting on a proposal for vacation and reversion of subdivided land to acreage, the Board of County Commissioners shall hold a public hearing thereon with due public notice.
(b)
No owner of any parcel of land in a subdivision shall be deprived by the reversion to acreage of all or any part of the subdivision of reasonable access to existing facilities to which such parcel has theretofore had access, provided that such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto.
(c)
If land in a subdivision or part thereof is proposed for reversion to acreage, the Board of County Commissioners shall conduct proceedings for amending the zoning district designation of such acreage as may be deemed advisable in view of the conditions that will exist subsequent to such reversion to acreage.
(a)
The contents of notices, and the description of the different types of notice, shall be as set forth in Section 12.13 of this Code.
(b)
Notice shall be provided under this Article as set forth in the Table below.
(Ord. No. 2009-02, § 11, 2-16-2009)
(a)
All preliminary and final plats shall be prepared by a Florida Registered Surveyor.
(b)
Construction plans and specifications for required improvements shall be prepared by a registered engineer.
(c)
The subdivider shall present a letter to the Board of County Commissioners certifying that he or she has employed a Florida Registered Surveyor to prepare the plats and if construction plans are required, a registered engineer.
(a)
The preliminary plat shall be drawn clearly and legibly at a scale of at least 1 inch equals 100 feet using a sheet size of 24 inches by 36 inches, reserving a 3 inch binding margin on the left side and ½ inch margin on the other three sides (see Appendix A). If more than 1 sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet.
(b)
Twelve sets of the preliminary plat and necessary supporting material shall be submitted. In addition, the applicant shall submit an electronic TIF or JPG version of the preliminary plat.
(c)
The preliminary plat shall contain the following information:
(1)
Proposed name of subdivision, and existing name if resubdivision is proposed.
(2)
Name, address, and telephone number of the subdivider and agent of the subdivider. A statement of the owner's interest in the land, including a statement whether or not any mineral rights for land covered by the plat have been conveyed.
(3)
Name, address, telephone number, and registration number of surveyor and engineer.
(4)
Date of boundary survey, north arrow, graphic scale, date of plat drawing, and space for revision dates.
(5)
Existing contours at 5 foot intervals based on U.S. Coastal and Geodetic Datum for the tract to be subdivided and extending 25 feet beyond the tract boundary.
(6)
Vicinity map showing location with respect to existing roads, landmarks, section lines and quarter section lines, etc., and total acreage of the subdivision and total number of lots. The vicinity map shall be drawn to show clearly the information required, but not less than 1 inch to 2,000 feet. U.S. Geological Survey Maps may be used as a reference guide for the vicinity map.
(7)
Boundary line of the tract, by bearing and distance, drawn by a heavy line.
(8)
Legal description of the tract to be subdivided.
(9)
Names of owners of adjoining land with their approximate acreage or, if developed, names of abutting subdivisions.
(10)
Existing streets, utilities, and easements on and adjacent to the tract, including the name, purpose, location, and size of each and the invert elevation of sewers.
(11)
Other existing improvements including buildings on or adjacent to the tract.
(12)
Preliminary layout including streets and easements with dimensions and street names, lot lines with appropriate dimensions, land to be reserved or dedicated for public or common uses, and any land to be used for purposes other than single-family dwellings.
(13)
Block letters and lot numbers, lot lines, and scaled dimensions.
(14)
Land use district boundaries on and abutting the tract.
(15)
Proposed method of water supply, sewage disposal, drainage, and street lighting.
(16)
Minimum building front yard setback lines as required by these land development regulations.
(17)
Typical street cross-sections for each street type and the location of all road and street signs and street name signs as required within these land development regulations shall also be noted on a separate sheet.
(18)
Natural features, including lakes, marshes or swamps, water courses, wooded areas, and land subject to the 100-year flood as defined by the Federal Emergency Management Agency, official flood maps.
(19)
Surface drainage and direction of flow and method of disposition and retention indicated.
(20)
Soil survey map.
(21)
Subsurface conditions of the tract showing: subsurface soil, rock and ground water conditions, location and results of soil percolation tests, and location and extent of muck pockets.
(22)
Existing and proposed covenants and restrictions.
(23)
Inscription stating "NOT FOR FINAL RECORDING".
(24)
Any other information that may be considered necessary by either the subdivider, the Planning Commission or the Board of County Commissioners for full and proper consideration of the proposed subdivision.
(Ord. No. 07-09, § 7, 7-16-2007)
(a)
Plans for the required improvements shall be prepared for the approval of the Technical Review Committee prior to construction and after approval of the preliminary plat. Construction plans shall show the proposed locations, sizes, grades, and general design features of each facility.
(b)
Twelve sets of construction plans and necessary supporting material shall be submitted.
(c)
Construction plans shall be drawn to a scale of 1 inch represents 100 feet or larger and shall consist of the following:
(1)
A topographic map of the subdivision with a maximum contour interval of 1 foot where overall slopes are 0 percent to 2 percent, 2 feet where slopes are over 2 percent, based on U.S. Coastal and Geodetic Datum. This topographic map shall be prepared by a land surveyor.
(2)
A contour drainage map of the basins within the proposed subdivision, with the size of each basin shown in acres. The outlines and sizes, in acres, of all existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. Each drainage area shall be clearly delineated. Flow paths shall be indicated throughout. Existing and proposed structures affecting the drainage shall be shown.
(3)
Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, and other proposed subdivision improvements.
(4)
Plans and profiles for all proposed streets and curbs are required. Where proposed streets intersect existing streets, elevations and other pertinent details shall be shown for existing streets for a minimum distance of 300 feet from point of intersection.
(5)
Plans of any proposed water distribution system and sanitary sewer collection system showing pipe sizes and location of valves, pumping stations and fire hydrants, where the installation of such facilities are required by these land development regulations.
(6)
Plans for all road and street signs and street name signs showing the location of such signage and any other traffic safety control devices which is required or proposed. In addition, the specifications for such signage shall be provided as part of this plan, which shall detail in diagram form as necessary the size, material, color, and specifications for installation of such signage.
(7)
Other information on the construction plans as may be required by the Technical Review Committee.
(d)
Upon completion of improvements in the subdivision, the subdivider shall submit 3 blue line sets and 1 reproducible set of blue prints showing "as-built" improvements.
(a)
The final plat shall be drawn clearly and legibly in ink at a scale of at least 1 inch equals 100 feet using a sheet size of 24 inches by 36 inches. Each sheet shall be drawn with a marginal line completely around the sheet and placed so as to leave a 3 inch binding margin on the left side and a ½ inch margin on the other 3 sides (see Appendix A). If more than 1 sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet.
(b)
Twelve sets of the final plat and necessary supporting material shall be submitted. In addition, the applicant shall submit an electronic TIF or JPG version of the final plat.
(c)
The final plat shall contain the following information:
(1)
Name of subdivision shall be shown in bold legible letters, as stated in Chapter 177, Florida Statutes. The name of the subdivision shall be shown on each sheet included and shall have legible lettering of the same size and type including the words "section," "unit," "replat," "amended," etc.
(2)
Name and address of subdivider.
(3)
North arrow, graphic scale, and date of plat drawing.
(4)
Vicinity map showing location with respect to existing streets, landmarks, etc., and total acreage of the subdivision and total number of lots. The vicinity map shall be drawn to show clearly the information required, but not less than 1 inch to 2,000 feet. U.S. Geological Survey Maps may be used as a reference guide for the vicinity map.
(5)
Exact boundary line of the tract, determined by a field survey, giving distances to the nearest 1/100 foot and angles to the nearest minute, shall be balanced and closed with an apparent error of closure not to exceed 1 in 5,000.
(6)
Legal description of the tract.
(7)
Names of owners of adjoining lands with their approximate acreage or, if developed, names of abutting subdivisions.
(8)
Location of streams, lakes and swamps, and land subject to the 100-year flood as defined by the Federal Emergency Management Agency, official flood maps.
(9)
Bearing and distance to permanent points on the nearest existing street lines of bench marks or other permanent monuments (not less than 3) shall be accurately described on the plat.
(10)
Municipal and County lines shall be accurately tied to the lines of the subdivision by distance and angles when such lines traverse or are reasonably close to the subdivision.
(11)
The closest land lot corner shall be accurately tied to the lines of the subdivision by distance and angles.
(12)
Location, dimensions, and purposes of any land reserved or dedicated for public use.
(13)
Exact locations, width, and names of all streets within and immediately adjoining the new subdivision.
(14)
Street right-of-way lines shall show deflection angles of intersection, radii, and lines of tangents.
(15)
Lot lines shall be shown with dimensions to the nearest 1/100 foot and bearings.
(16)
Lots shall be numbered in numerical order and blocks lettered alphabetically.
(17)
Accurate location and description of monuments and markers.
(18)
Minimum building front yard setback lines as required by these land development regulations.
(19)
Reference to recorded subdivision plats of adjoining platted land shall be shown by recorded names, plat book, and page number.
(20)
Covenants and restrictions notice in accordance with Chapter 177.091 (28), Florida Statutes.
(d)
The following certificates shall appear on the final plat, and shall be properly signed before the final plat is submitted to the Board of County Commissioners and the Certificate of Approval by the Board of County Commissioners shall be properly signed after the final plat is approved by the Board of County Commissioners. (see Appendix A).
(1)
Certificate of Surveyor.
(2)
Certificate of the Subdivider's Engineer.
(3)
Certificate of Approval by the County Property Appraiser.
(4)
Certificate of Approval by the County Reviewing Engineer or Land Surveyor.
(5)
Certificate of Approval by County Health Department.
(6)
Certificate of Approval by the Attorney for the County.
(7)
Certificate of Approval by the Board of County Commissioners.
(e)
The following shall also be included on the final plat:
(1)
A dedication to the public by the owners of the land involved of all streets, drainage easements, and other rights-of-way however designated and shown on the plat for perpetual use for public purposes, including vehicular access rights where required. If the property is encumbered by a mortgage, the owner of the mortgage shall join in the dedication or in some other manner subordinate the mortgagee's interest to the dedication of public right-of-way.
(2)
Certification that all payable taxes have been paid and all tax sales against the land redeemed.
(3)
Title certification as required by Chapter 177, Florida Statutes.