This article shall be known and cited as the subdivision regulations of the town land development code.

(Ord. No. 5-92, § 2.2, 8-25-92)

(a)

The regulation of the subdivision of land is intended to:

(1)

Aid in the coordination of land development in the town 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 to economically stable and healthful communities;

(5)

Ensure adequate utilities;

(6)

Prevent periodic and seasonal flooding by providing protective flood control and drainage facilities;

(7)

Provide public open spaces for recreation;

(8)

Ensure land subdivision with installation of adequate and necessary physical improvements;

(9)

Ensure that the citizens and taxpayers of the town will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the developer of adequate and necessary physical improvements;

(10)

Ensure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed; and

(11)

Serve as one of the several instruments of comprehensive plan implementation authorized by F.S. ch. 163.

(b)

No subdivision of any lot, tract or parcel of land as it existed on the effective date of the ordinance from which this chapter is derived shall be affected. No street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for public use and/or travel, or the common use of occupants of buildings abutting thereon except in strict accordance with the provisions of these regulations and with F.S. ch. 177.

(c)

The provisions contained herein shall apply to all lands within the limits of the incorporated portions of the town.

(d)

It is intended that this article shall be liberally construed to accomplish its stated purposes.

(Ord. No. 5-92, § 2.3, 8-25-92)

In the event that the enforcement of any of the provisions of this article would be impracticable or would work an undue hardship upon any person or persons, following a report by the planning commission on the nature of the hardship in accordance with section 34-683 and subsection 34-684(a), the planning commissioners may waive any of the provisions of this article and such waiver shall not be deemed a continuing waiver of such provisions, nor shall such waiver abrogate or impair the effectiveness of such provisions.

(Ord. No. 5-92, § 2.4, 8-25-92)

The following term when used in this article shall have the meanings ascribed to it in this section, except where the context clearly indicates a different meaning:

Improvements means, and may include, but not be limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments or any other improvement required by the planning commission.

(Ord. No. 5-92, § 2.5, 8-25-92)

Cross reference— Definitions generally, § 1-2.

The regulations set out in this article shall apply to all lands presently within the incorporated limits of the town, and to any lands which may in the future be annexed to and be made a part of the town.

(Ord. No. 5-92, § 2.6, 8-25-92)

The provisions contained herein shall apply to all lands within the incorporated limits of the town and in order to subdivide land and file a plat thereon, all requirements as set out in this article shall be met and the procedures as herein set forth shall be followed. No land shall be subdivided, or no building or structure or any part thereof constructed, in any area that has been subdivided unless such subdivision conforms to the provisions of this article.

(Ord. No. 5-92, § 2.7, 8-25-92)

For the purpose of generally enforcing and administering this article, the town engineer or his duly authorized representative shall make such necessary inspections before, during and after the construction of the work so that the planning commission, the town commission, and the town administrator may currently be informed of the status of the development and so that the town engineer may generally assist all agencies and persons involved in the work to maintain the standards set by this article.

(Ord. No. 5-92, § 2.8, 8-25-92)

(a)

Hardship. In the event that the enforcement of any of the provisions of this article would be impracticable or would work an undue hardship upon any person or persons, following a written report stating finding of fact in accordance with article XII of this chapter by the planning commission on the nature of the hardship, the planning commissioners may waive any of the provisions of this article as a written finding in a preliminary development order, and such waiver shall not be deemed a continuing waiver of such provisions, nor shall such waiver abrogate or impair the effectiveness of such provisions.

(b)

Conditions. In specifying modifications, the planning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so modified or varied, however, in no case shall resulting levels of service be less than the adopted level of service standards.

(Ord. No. 5-92, § 2.9, 8-25-92)

Whenever any provision of this article imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law, ordinance, regulations or restrictive covenant, then the provisions of this article shall govern. Whenever any provisions of any ordinances, law, requirements, regulations or restrictive covenants are more restrictive than this chapter, then such ordinances, regulations, law or restrictive covenant shall govern.

(Ord. No. 5-92, § 2.10, 8-25-92)

(a)

Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this article or fails to comply with its requirements shall, upon conviction thereof, be punished as provided in sections 34-46 and 34-47.

(b)

The owner or tenant of any building, structure, premises or part thereof, any engineer, architect, surveyor, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. No. 5-92, § 2.11, 8-25-92)

The usual procedure for submission of a subdivision plat shall consist of the following four steps:

(1)

Preapplication conference. The subdivider is required to apply for a preapplication conference with the land use officer prior to submitting any preliminary plat for a concept plan review. At the preapplication conference, options for concurrent development plan review shall be determined. During the preapplication conference the land use officer shall determine the type of subdivision proposed and provide the subdivider information as to required procedures.

(2)

Concept plan review. A concept plan shall be presented to the citizens and planning commission at a scheduled and noticed meeting of the planning commission. Procedures and information required to be presented for the concept review shall be that as specified by subsection 34-35(b). At the applicant's written request a concept plan for development approval complying with the requirements of section 34-40 can be reviewed concurrently.

(3)

Preliminary plat. The purpose of the preliminary plat is to enable the subdivider to submit his request and provide the planning commission the opportunity to conduct their review of the proposed plan prior to the subdivider incurring engineering, surveying, legal, and other such cost. The preliminary plat may be part of the preliminary development plan and shall also include the information required in subsection 34-35(c) and section 34-40, if appropriate, for preliminary development plan review. A preliminary development order shall specify that the final plat must be approved by the town commission prior to final development plan review in order to meet the requirements of F.S. ch. 177.

(4)

Final plat. Upon compliance with a preliminary development order or preliminary plat requirement, the final plat shall be submitted in a form acceptable for filing as a public record in accordance with this article and subsection 34-35(d) and in the form of a final development plan consistent with section 34-40 if appropriate. After approval by the town commission and if the final development plan meets all the criteria of the preliminary development order, the town commission shall issue a final development order. Once a final development order is issued the plan shall be filed for record into the public records of the county. If required site improvements are not completed prior to the time of final plat approval, a bond shall be posted by the developer equaling 125 percent of the engineer's estimated cost of completing improvements required by this article and/or the final development order.

a.

Maps and plats are to be prepared by registered surveyors and construction plans and specifications for required improvements shall be prepared by a registered engineer. Such certifications shall be documented on the appropriate maps, plats and construction plans.

(Ord. No. 5-92, § 2.12, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

(a)

General requirements. In order to utilize the small scale platting process the plat will be limited to ten acres or less where there are no provisions in this Code requiring roadway improvements, drainage improvements or other required public improvements. Small scale plats will not be permitted to undergo concurrent plat and development plan review.

(b)

Procedures for small scale plat review. Small scale plats shall be exempt from the requirements of subsection 34-111(2), concept plan review, and proceed directly to preliminary plat review following the pre-application conference. The small scale plat shall be submitted to the land use officer in compliance with the requirements of sections 34-116 and 34-117 for preliminary plat review. Notice procedures for a small scale preliminary plat shall include posted notice on the development site at least 15 days prior to the hearing and mailed notice to the developer at least 15 days prior to the hearing.

(1)

The land use officer shall distribute copies of the preliminary plat to the planning commission at least seven days prior to a regularly scheduled public meeting of the planning commission at which an administrative hearing consistent with the requirements of section 34-39 shall be held.

(2)

A final small scale plat in accordance with the final plat requirements outlined in section 34-120 may be prepared directly following the issuance of an preliminary plat order from the planning commission.

(3)

Submission of a final small scale plat to the town commission shall be consistent with the procedures described in subsection 34-119(a).

(c)

Small scale plat; plans and data.

(1)

Preliminary subdivision plats for small scale subdivisions are exempted from requirements (9), (12), (13), (15), and (18) as listed under section 34-113 of this article and shall be subject to all other provisions of section 34-113.

(2)

Final subdivision plats for small scale subdivisions are exempted from requirements (19), (20), (13), (15), and (18) as listed under subsection 34-120(a) of this article and shall be subject to all other provisions of subssection 34-120(a).

(d)

Filing a small scale plat. A small scale plat shall be filed in a manner consistent with subsection 34-120(d).

(Ord. No. 5-92, § 2.13, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

(a)

Name of subdivision. Every subdivision shall be given a name by which it shall be legally known. Such name shall not be the same or in any way so similar to any name appearing on any recorded plat in the county 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 developer or his successors in title. Every subdivision's name shall have legible lettering of the same size and type, including the words "section," "unit," "amended," etc.

(b)

Preliminary plat; form and content. The preliminary plat shall be at a scale of not more than 200 feet to the inch. It shall be well made copies of a neat, legible, reproducible original prepared in a workmanlike manner. The size of each sheet shall be 24 inches by 36 inches and shall be drawn with a marginal line completely around each sheet and placed so as to leave at least a one-half-inch margin on each of three sides and a three-inch margin on the left side of the sheet for binding purposes. When more than one sheet must be used to accurately portray the lands subdivided, each sheet must show the particular number of that sheet and the total number of sheets included (i.e., sheet two of four sheets), as well as clearly labeled matchlines to show where other sheets match or join. It shall show or be accompanied by the following information:

(1)

Proposed subdivision name or identifying title, which shall not duplicate or closely approximate the name of any other subdivision in the county;

(2)

Key plan, showing location of tract in reference to other areas of the town;

(3)

North arrow, graphic scale, scale and data; basis of bearing (desired true bearing);

(4)

Name of the owner of the property and his authorized agency;

(5)

Name of the registered engineer or surveyor responsible for the plat and supporting data;

(6)

Plat boundaries with sufficient angles or bearings and distances to accurately determine limits of the plat and its acreage;

(7)

Conditions on tract, including all existing watercourses, drainage ditches, and bodies of water; marshes; rock outcrop; and other significant features. Approximate limits of woodland areas including general identification of tree types, approximate location of protected trees as defined in article XI of this chapter shall be aerial photo identified;

(8)

All existing streets and alleys on or adjacent to the tract, including name, right-of-way width, street or pavement width, and established centerline elevations. Existing streets shall be dimensioned to tract boundaries;

(9)

All existing property lines, easements and rights-of-way and the purpose for which the easements of rights-of-way have been established;

(10)

Location, names where applicable, and width of all proposed streets, alleys, rights-of-way, easements and purpose of easements; proposed lot lines with approximate dimensions; lot numbers, and block numbers; proposed street name or identifying title which shall not duplicate or closely approximate the name of any other street in the town;

(11)

Ground elevation on the tract, based on NGVD datum level at minimum contour intervals sufficient to show disposition of surface drainage including any floodprone areas; as shown on the town's official FIRM flood map;

(12)

Subsurface conditions on the tract; location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater unless test pits are dry at a depth of three feet; location and results of soil percolation test if individual sewage disposal systems are proposed;

(13)

Written statement and graphic representations and profiles, if necessary, showing proposed grades of streets and facilities for drainage;

(14)

Zoning classifications on and adjacent to the tract;

(15)

Actual (i.e. existing) land use on and adjacent to tract;

(16)

Utilities on or adjacent to the tract. Indicate whether above or below ground;

(17)

Sites, if any, to be dedicated or reserved for public use;

(18)

Preliminary specifications for required improvements, such as streets, water, sanitary sewer, storm drainage, etc.;

(19)

All contiguous properties shall be identified by subdivision title, plat book, and page, or if unplatted, shall be so designated, with the owner(s) named;

(20)

Draft of protective covenants, whereby the developer proposes to regulate land use in the subdivision and otherwise protect the proposed development.

(21)

SWFWMD approval or exemption letter of stormwater system and retention ponds.

(Ord. No. 5-92, § 2.19, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

In connection with the subdivision or resubdivision of land, the following materials are required to be included in the preliminary plat review application:

(1)

General subdivision information shall describe or outline the existing conditions of the site, including general information on drainage and topography, and the proposed development as necessary to supplement the drawings required below. This information may include but is not necessarily limited to data on existing covenants, land characteristics, and available community facilities and utilities, and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, business areas, playground and park areas, other public areas, proposed restrictive covenants and proposed utilities and street improvements.

(2)

The location map shall show adjacent and surrounding properties and the relationship of the proposed subdivision to existing community facilities which serve or influence it. It shall include the development name and location, main traffic arteries, title, scale, north arrow and date.

(3)

The sketch plan on the topographic survey shall show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be freehand pencil sketch drawn to scale overlaid directly on the topographic survey. The sketch shall show the ground elevation on the tract, based on National Geodetic Vertical Data (NGVD) datum level at minimum contour intervals sufficient to show disposition of surface drainage.

(Ord. No. 5-92, § 2.17, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

Large scale plats are those that are greater than ten acres or any plat that will require roadway improvements, drainage improvements or other required subdivision improvements whether private, public, or possible dedication of land to the town.

(Ord. No. 03-05, § 1(Att. A), 6-14-05)

Subject to a written request by the applicant prior to concept plan review, preliminary plats and supporting data shall comply with all provisions of this article for plats and for development plans and shall be submitted as part of a preliminary development plan application. Final plats and supporting data under the concurrent review option shall also comply with all provisions this article for development plans and for plats. Review of said requirements shall occur concurrently as provided. It is the responsibility of the applicant choosing the concurrent review option, to insure that all requirements are met.

(Ord. No. 5-92, § 2.16, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

The developer will prepare a preliminary plat, together with improvement and construction plans and other supplementary material as specified in section 34-113, subsection 34-35(c) and section 34-40.

(1)

Nine copies of the preliminary plat, improvement and construction plans, and supplementary material specified shall be submitted to the planning commission through the land use officer within six months of the concept review.

(2)

The land use officer shall be the agent for reporting to the planning commission the recommendations, findings, or reports of the appropriate departments to which he refers the materials specified in subsection 34-113A(1) above, together with an analysis of compliance or noncompliance with regulations applicable to the preliminary plat and required supplementary materials. The town clerk shall check to determine whether any taxes remain unpaid on the land in question.

(3)

At the preliminary plat review, the planning commission will receive reports on and review the preliminary plat and required improvements and construction plans and supplementary materials to determine compliance with applicable regulations. The developer, adjoining owner, and other persons interested in or affected by the proposed subdivision shall have a right to be heard in person, by letter, or by agent or attorney before action is taken by the planning commission. The planning commission shall hold an administrative hearing as provided in section 34-39 as part of a previously prepared agenda. Written notice from the town shall be provided to all adjacent property owners at least 15 days prior to the hearing.

(4)

The planning commission may issue a preliminary development order approving the preliminary plat and accompanying plans and data as presented, or approve with stipulated minor modifications, if found to be in compliance with these regulations, or may refuse to issue a preliminary development order when not found to be in compliance with, or readily capable of being revised to comply with this article. If the planning commission refuses to accept the preliminary plat and required construction and improvement plans and supplementary materials, the planning commission shall state in writing the particular basis for the refusal based on the provisions of this Code and a copy thereof shall be furnished the developer.

(5)

Prior to issuance or denial of a preliminary plat or preliminary development order, the planning commission shall receive comments from the town engineer and land planner regarding the compliance of the preliminary plat and other accompanying data and plans.

(6)

If a preliminary development order is issued the action of the planning commission shall be noted on two copies of the plat and its recommendations shall be forwarded to the town commission.

(7)

Issuance of a preliminary development order that includes a preliminary plat and construction plans for required improvements and required supplementary materials shall not constitute acceptance of the final plat or issuance of a final development order. Rather, it shall be deemed an expression of acceptance of the layout and materials submitted on the preliminary plat and in the preliminary development plan as a guide to the preparation of the final plat and construction plans for required improvements and required supplementary materials of the final development plan.

(Ord. No. 5-92, § 2.18, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

(a)

Submission of the final plat to the town commission. Prior to final development plan review and no less than 90 days before expiration of a preliminary development order (see subsection 34-119(b)(7)) the applicant shall submit nine copies of the final plat as prepared per the stipulated conditions of the preliminary plat, for plat approval by the town commission to meet the requirements of F.S. ch. 177. If the town commission approves of the final plat they shall sign nine copies of the final plat, and the applicant shall proceed to final development plan review by the planning commission seeking a final development order. If the town commission disapproves the plat, the reasons for disapproval shall be stated as written finding specifying noncompliance with the preliminary development order, or any regulations of the town and state.

(1)

The final plat and required supplementary material shall be submitted in accordance with this article and article II of this chapter and shall be submitted if under concurrent review as part of a final development plan application, through the town engineer for approval by the planning commission and the town commission and for recording upon fulfillment of the requirements of any conditions imposed by a preliminary development order.

(2)

Application for approval for the final plat and approval of construction of required improvements and required supplementary materials shall be submitted in writing as part of the final development plan application in accordance with subsection 34-40(e). The application shall be checked by the town engineer, land planner and any other appropriate town departments for compliance with applicable regulations. The town engineer and town departments shall report the findings to the town commission prior to their approval of the final plat, and to the planning commission prior to final development plan review.

(b)

Submission of the final plat and/or development plan to town commission.

(1)

The applicant shall, prior to expiration of the preliminary development order, submit to the town in accordance with subsections 34-35(d) and 34-40(e), the final plat as part of the final development plan application. The applicant shall include nine copies of the proposed final plat, completed application form and checklist, receipt of application fee paid to the town clerk, application fee, and all other required supportive data.

(2)

The applicant, or his duly authorized representative, shall attend the town commission meeting(s) at which the proposed final plat is to receive consideration.

(3)

The proposed final plat shall comply with the conditions stipulated in the preliminary development order if a preliminary development order is in effect [see subsection 34-119(a)].

(4)

Following consideration at the regular monthly meeting, the planning commission shall either approve or disapprove the final plat by either issuing or denying a proposed final development order. If the plat has not been approved by the town commission between the time of the preliminary development order and final development plan review, the planning commission shall deny a final development order.

(5)

The town commission shall not approve and sign the final plat until it has been shown either in writing or by signature on the face of the plat that the requirements of the county health department and the county road department and any other required permit authorities have been satisfied.

(6)

If a final development order that includes the final plat is recommended for denial by the planning commission to the town commission the applicant shall be so notified in writing as to the provisions of this Code that were not met. The written notification shall state the findings of fact and reason(s) for denial.

(7)

If the final plat is to be reviewed for a final development order, copies of the final plat and required supplementary material shall be prepared as specified in section 34-120 and shall be submitted to the town commission at least 90 days prior to expiration of the preliminary development order. Otherwise, such conditional approval of the preliminary plat shall become null and void with the expiration of the preliminary development order.

(8)

Three paper prints of the final plat as approved in the final development order and one copy of the required supplementary material shall be submitted for the files of the town.

(9)

Failure to comply with the provisions of this chapter and other applicable statutes and ordinances shall be cause for denial of the final development order that includes the final plat.

(c)

Where portions of the subdivision lie outside of the municipal limits.

(1)

For subdivisions which include a portion of the proposed platted lands outside of the town's municipal limits, that portion of the subdivision shall be subject to the rules and procedures for subdivision of the county. However, where an impact on the level of service of the town facilities is expected, the plat approval and development approval shall comply with subsections (2) and (3) below.

(2)

Where the proposed plat (development) of those portions of the subdivision which lie outside of the town limits will have an affect on the level of service of facilities that have adopted level of service standards in the town's comprehensive plan, the applicant shall include the necessary information at each stage of the plat (and development) application process in accordance with this article and this chapter, and that portion of the plat shall also meet all requirements of this chapter.

(3)

If that portion of a subdivision located outside of the town limits at the time of preliminary development plan review is proposed to be annexed into the town, and annexation approval is required as part of the preliminary development order, the preliminary and final development plans shall provide the necessary information at each stage of the plat (and development) application process in accordance with this article and this chapter, and that portion of the plat shall also meet all requirements of this chapter.

(d)

Filing of final plat. Within one week following approval and signing of the final plat and the final development order by the town commission, the applicant shall submit the signed original and copy thereof, both bearing original signatures by the town commission, planning commission, and all other required signatories to the county clerk. The county clerk shall retain the signed copy and reserve plat book and page numbers for such plat which shall be reserved for a period not to exceed one week. Following reservation of plat book and page numbers by the county clerk, the applicant shall within one week submit to the clerk the following:

(1)

One original drawing;

(2)

Two reproducible copies on stable film base;

(3)

Seven prints on paper.

The clerk shall, if all copies are acceptable, sign the original and all copies, file the plat in the public records of the county, and distribute all copies to the appropriate offices, including one copy to the town.

(e)

Penalty. Failure by the applicant to comply with time requirements for filing appropriate documents with the county clerk shall result in a penalty of $1.00 per day for each day applicant is late. If applicant is late for more than 20 working days, the clerk shall refuse to accept the plat and advise the applicant he must refile for final development approval with the town. A statement of the 20-day time limit for filing shall be stated as a mandatory condition in the final development order.

(Ord. No. 5-92, § 2.20, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

(a)

Final plat plans. Final plat plans shall be prepared by a surveyor registered in the state and to be an original drawing made with black permanent drawing ink on a stable base film, a minimum of 0.003 inches thick, coated upon completion with a suitable plastic material to prevent flaking and to assure permanent legibility and as required for filing for record in the county, and in accordance with design standards and provisions of F.S. ch. 177 (maps and plats). When more than one sheet must be used to accurately portray the land subdivided, each sheet must show the particular number of that sheet and the total number of sheets included (e.g., sheet two of four sheets), as well as clearly labeled matchlines to show where other sheets match or join. Also, a master map shall be provided on the first sheet showing the relation of subsequent sheets together with all matchlines and sheet numbers. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, a master plan shall be submitted in accordance with subsection 34-40(f). The final plat shall be at a scale of no more than 200 feet to the inch. The size of each sheet shall be 24 by 36 inches and shall be drawn with a marginal line completely around each sheet and placed so as to leave at least a one-half-inch margin on each of three sides and a three-inch margin on the left side of the plat for binding purposes, and shall include the following features:

(1)

Subdivision name or identifying title and name of recorded owner;

(2)

Primary control points, approved by the town engineer, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred;

(3)

North arrow, scale, graphic scale, and date, basis of bearing (desired true bearing);

(4)

Sufficient survey data shall be shown to positively describe the bounds of every lot, block, street, easement, and all other areas shown on the plat. When any lot or portion of the subdivision is bounded by an irregular line, the major portion of that lot or subdivision shall be enclosed by a witness line showing complete data, with distances along all lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as "more or less" if variable. Lot, block, street and all other dimensions except to irregular boundaries, shall be shown to a minimum of hundredths of feet. All measurements shall refer to horizontal plane and in accordance with the definitions of a foot or meter adopted by the United States Bureau of Standards;

(5)

Location sketch showing location of subdivision with respect to section lines;

(6)

Location and description of all permanent reference monuments;

(7)

The exact name, locations and widths along the property line of all existing or recorded streets intersecting or paralleling the boundaries of the tract;

(8)

The exact layout including street and alley lines and rights-of-way; street names, bearings and widths (including widths along the lines of any obliquely intersecting street); lengths of arcs and radii, points of curvature and chord and length and bearings; points of tangency or nontangency intersects; all easements owned by, or rights-of-way provided for, public utilities; all lot lines with dimensions in feet and hundredths, and with bearings or angles showing degrees, minutes and seconds. All street names shall conform to the town system;

(9)

Lots to be numbered in numerical order beginning with one in each block, and blocks to be numbered in numerical order or lettered in alphabetical order, except that block in numbered additions bearing the same name may be numbered consecutively throughout several additions; block corner radii dimensions shall be shown having a minimum of 25-foot radius;

(10)

Minimum building setback lines on all lots or other sites shall be shown or noted on the plat;

(11)

The accurate outline of all property which is to be dedicated, reserved or proposed for public use, including open drainage courses and easements, and all property that may be reserved by covenants in deeds for the common use of the property owners in the subdivision, with the purposes indicated thereon;

(12)

Reference to recorded subdivision plats of adjoining platted land by plat book and page and name, the adjacent portions of which may be shown in outline form. If adjoining property is unsubdivided, it is to be designated unplatted;

(13)

The centerline of all streets shall show as a minimum, the following:

a.

Tangents: Distances and bearings;

b.

Curves: Arc distance, central angles, tangents, radii, chords, and chord bearings; all P.C.s, P.R.C.s and P.C.C.s shall be so designated;

(14)

Park and recreation parcels shall be so designated;

(15)

All interior excepted parcels shall be clearly indicated and labeled "Not a Part of This Plat". The description as shown on the plat shall provide for such excepted parcels;

(16)

The purpose of all areas dedicated must be clearly indicated or stated on the plat;

(17)

When it is not possible to show curve detail information on the map, a tabular form may be used;

(18)

A complete description of the land intended to be subdivided. Each plat shall show a description of the lands subdivided and the description shall be the same in the title certification. The description must be so complete that from it, without reference to the plat, the starting point and boundary can be determined;

(19)

Every plat of a subdivision proposing streets must contain a dedication by the developer. The dedication shall be executed by all developers and mortgagees having a record interest in the lands subdivided in the same manner in which deeds are required to be executed;

(20)

The plat shall contain on the face thereof an unreserved dedication to the public of all streets, highways, alleys, parks, parkways, easements, commons or other public places included within the plat, such dedication to be subscribed to by the legal and equitable owners of such lands, which dedication shall be checked for accuracy of description by the town attorney and attested by a notary public. When necessary, the town engineer may check such dedication prior to action by the town attorney;

(21)

Certification by registered surveyor attesting to the accuracy of the survey and that the permanent reference monuments have been established according to law and this article;

(22)

Space and form for the following necessary acceptances or approvals:

a.

Chairman of the planning commission;

b.

President of the town commission;

c.

The county; and

d.

County clerk of the circuit court;

(23)

Benchmarks shall be set at all P.R.M.s based on N.G.V.D.

(b)

Restrictive covenants. Protective covenants shall be in a form for recording.

(c)

Other data. No plat shall be accepted or approved, or included in a final development order unless and until all taxes and improvements liens levied against the lands included in such plat have been paid and discharged.

(d)

Developer's agreement. All preliminary development orders shall required the developer to enter into an agreement with the town. The agreement shall be prepared and approved by the town commission as part of their final plat approval and preparation, and, the town commission approval shall be stated as a condition for final development plan approval in the preliminary development order. The executed developer's agreement in form for recording shall specify the following:

(1)

The work to be done by the developer, and the time specified therefore, by the town commission in the and final development order;

(2)

The exceptions, if any, recommended by the planning commission to standard requirements;

(3)

The participation in the development, if any, by the town and the time for completion of such work;

(4)

The lien, if any, imposed upon the land of the developer for any work performed by the town;

(5)

The conditions under which building permits will be allowed within the subdivision by the town, which shall include meeting the requirements of concurrency under F.S. ch. 163, and, completion and certification of all improvements specified in the final development order;

(6)

The conveyance by the developer to the town of all water, sewer and storm lines installed within dedicated public right-of-way, contingent upon meeting the requirements for concurrency as stipulated in this chapter;

(7)

The agreement of the developer to maintain and repair all streets constructed by the developer in the subdivision for a period of one year after completion of the same and prior to acceptance of maintenance thereof by the town;

(8)

A statement which shall prohibit any issuance of a development permit, building permit, certificate of occupancy, occupational license or certificate of use for any lot or part of the subdivision if any portions of the lineal development order have not been complied with by the developer and certified by the town engineer. Any permit issued in violation of this provision shall have no validity, nor confer any right or privilege;

(9)

The developer's agreement shall constitute a covenant by the town and the developer-owner of the subdivision, the terms and conditions of which shall run with the land and be binding upon all successors in interest to the developer-owner.

(e)

Certification generally. Upon completion of the entire work on the subdivision or on one or more stages of the subdivision, in accordance with the developer's agreement and the final development order, the developer's engineer shall furnish to the town engineer a written certification of such completion accompanied by the records and data as herein prescribed. The town engineer shall recheck the plans and the work done, and if the same shall be found to comply with this article and are in accordance with the developer's agreement, the town clerk shall be so notified and applications for development may be accepted. No development permit shall be issued prior to the certification of the subdivision by the town engineer.

(f)

Title certification. Title and certificates shall present tract designation according to official records in the office of the county clerk. It shall include the names and addresses of owners, including certification from developer's attorney or abstract company that the dedicator of the plat is the owner of record at the time plat is to be accepted for filing; a statement from the owner that there are no mortgages on the property, if there are none or if there is a mortgage, a letter of acknowledgement from the mortgagee stating that he approves the platting; and a certificate from the developer's attorney and abstract company, or the county tax collector and town clerk, that all due taxes have been paid at the time application for conditional approval or acceptance is filed.

(g)

Platted streets; reversionary clauses. For the purposes of this article platted streets shall be in accordance with F.S. § 177.085.

(Ord. No. 5-92, § 2.21, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

(a)

Administrative approval. The land use officer may approve a minor replat that conforms to the requirements of this section.

(b)

Minor replat application requirements. The land use officer shall consider a proposed minor replat upon the submittal of the following materials:

(1)

An application form provided by the town which states that the proposal meets the definition of a minor replat according to this chapter.

(2)

Four paper copies of the proposed minor replat.

(3)

A statement indicating whether water and sanitary sewer service is available to the property.

(4)

Legal land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division shall be prepared by a professional land surveyor registered in the state. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application. Maps and plats are to be prepared by registered surveyors and construction plans and specifications for required improvements shall be prepared by a registered engineer. Such certifications shall be documented on the appropriate maps, plats and construction plans.

(c)

Review procedures.

(1)

The land use officer shall transmit a copy of the proposed minor replat to the town engineer, and the town planning commission for review and comments.

(2)

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the building official shall approve the minor replat by signing the application form.

(d)

Recording. Upon approval of the minor replat, the town clerk shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the official county records.

(e)

Standards and restrictions. All minor replats shall conform to the following standards:

(1)

Each proposed lot must conform to the requirements of this chapter.

(2)

Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum lot width for the zoning district/category where the lots are located.

(3)

If any lot abuts a street right-of-way that does not conform to the design specifications provided in this chapter, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

(4)

No further division of an approved minor replat is permitted under this section unless a plat is prepared and submitted in accordance with non-minor replat requirements of this article.

(Ord. No. 5-92, § 2.14, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

The town commission recognizes that this article, by definition, may impose financial difficulties on those persons desiring to convey parcels to their lineal descendants solely for the purpose of providing the descendent a place to live. Certain deed restrictions shall be imposed and shall be stated conditions in the development permit. These conditions shall include the access requirements which are necessary to protect the purpose, intent and integrity of this article as well as restrictions on further subdivision without adhering to the normal requirements under this article for subdivision.

(1)

Administrative approval. The land use officer may approve a lineal descendant subdivision that conforms to the requirements of this section.

(2)

Lineal descendent subdivision application requirements. The land use officer shall consider a proposed lineal descendant subdivision upon the submittal of the following materials:

a.

An application form provided by the town which states that the proposal meets the definition of a lineal descendant subdivision according to this article.

b.

Four paper copies of the proposed lineal descendant subdivision plat.

c.

A statement indicating whether water and sanitary sewer service is available to the property.

d.

Legal land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division shall be prepared by a professional land surveyor registered in the state. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application.

(3)

Review procedures.

a.

The land use officer shall transmit a copy of the proposed minor replat to the town engineer and to the town planning commission for review and comments.

b.

If the proposed lineal descendent subdivision meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the land use officer shall approve the minor replat by signing the application form.

(4)

Recording. Upon approval of the lineal descendent subdivision, the town clerk shall record the plat on the appropriate maps and documents, and shall, at the developer's expense, record the plat in the official county records.

(5)

Standards and restrictions. All lineal descendent subdivisions shall conform to the following standards:

a.

Each proposed lot must conform to the requirements of this chapter.

b.

Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum lot width for the zoning district/category where the lots are located.

c.

If any lot abuts a street right-of-way that does not conform to the design specifications provided in this chapter, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

d.

No further division of an approved lineal descendent subdivision is permitted under this section unless a plat is prepared and submitted in accordance with non-minor replat and non-lineal descendent subdivision requirements of this article.

(Ord. No. 5-92, § 2.15, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05)

(a)

All street criteria including width of right-of-way, horizontal and vertical alignment, grade, intersection and crossing details, and other items related to the design, construction, maintenance and operation shall be in accordance with sections 34-142, 34-148, 34-150, 34-151, 34-152 and 34-154 and must be approved by the appropriate officials.

(b)

As a guide for street related items the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, prepared by the state department of transportation is hereby adopted, together with any amendments thereto. Copies of the text may be obtained from the Florida Department of Transportation, Reference Library, Burns Building, Room 380, 605 Suwannee Street, Tallahassee, Florida 32304.

(Ord. No. 5-92, § 2.22, 8-25-92)

(a)

Design, construction and maintenance. All streets to be constructed and proposed for the dedication and acceptance into the town maintained street system shall be designed, constructed and maintained in accordance with section 34-141.

(b)

Dedication of rights-of-way. All rights-of-way, easements, etc., as appropriate, shall be dedicated to the town at no expense to the town.

(c)

Street system layout.

(1)

The proposed street layout shall provide for the continuation or projection of existing streets in the surrounding areas unless the planning commission deems such extension undesirable for specific reasons of topography or design.

(2)

Streets shall be logically related to the topography to produce usable lots and acceptable grades.

(3)

Minor streets shall be designed to be a grid, more or less rectilinear, with slight variations to a 90-degree grid allowed. Vistas shall be terminated wherever possible.

(4)

Where a subdivision abuts or contains an existing or proposed collector or other high service road, frontage roads, rear service alleys, reverse frontage lots or other such treatment as required will be provided for protection of abutting properties and to reduce the number of intersections with major streets and separate local and through traffic.

(5)

Streets shall intersect as nearly as possible at right angles (90 degrees). No street shall intersect another at an angle of less than 60 degrees.

(6)

Street jogs with centerline offsets of less than 200 feet shall be avoided, except where topographic situations make this provision impractical.

(7)

Street right-of-way widths and sight distances shall be as follows unless otherwise indicated or required by law:

The plat should indicate setback requirements on any street where they would be applicable.

Additional right-of-way may be required to promote public safety and convenience, or to ensure adequate access, circulation, and parking in high density residential areas, commercial areas, business areas, or industrial areas.

Where a subdivision abuts on or contains an existing street of inadequate right-of-way width, additional right-of-way in conformity with the above standards shall be required for new subdivisions.

(8)

Cul-de-sac rights-of-way shall have a minimum diameter of 100 feet.

(9)

Unless future extension is clearly impractical or undesirable beyond a turnaround, right-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining street.

(10)

To facilitate procurement of right-of-way for the future needs of the town roadway system, 50 feet on each side of all section lines shall be dedicated for roadway purposes.

a.

When a development lies along one side of a section line and no road or dedicated right-of-way exists along the opposite side of the section line, the developer may, with approval of the planning commission:

1.

Dedicate the required right-of-way and install no improvements. However, no lots, tracts or parcels shall require access from such unimproved right-of-way; or

2.

Construct a full road section on 50-foot (minimum) right-of-way and incorporate into street system for the development.

b.

When a development lies along one side of a section line and there exists a previously dedicated unimproved right-of-way, the developer may, with approval of the planning commission:

1.

Dedicate the required right-of-way and install no improvements. However, no lots, tracts or parcels shall require access from such unimproved right-of-way; or

2.

Construct a full road section centered on the right-of-way centerline or as right-of-way configuration requires and incorporate such road into street system for the development.

c.

When a development lies along a section line and there exists a roadway constructed along the opposite side of the section line, the developer may, with approval of the town commission upon recommendation of the planning commission:

1.

Dedicate the required right-of-way and not utilize the existing roadway to serve the development; or

2.

Dedicate the required right-of-way and utilize the existing roadway or further improve such roadway to serve the development.

(11)

The street system shall connect directly to a street which is maintained by the state, county or other governmental agency.

(d)

Classification hierarchy. Classification of street types in accordance with this section shall be determined or approved by the town engineer. The number of lots served by any particular point along the road shall be for classification purposes as determined by the town engineer. The following definitions shall be used in connection with this section:

(1)

Local I. A local I street means a street meeting the following conditions:

a.

Shall be a dead end street terminating with a vehicular turnaround (cul-de-sac).

b.

Shall serve no more than 30 lots, tracts or parcels.

(2)

Local II. A local II street means a street meeting the following conditions:

a.

May be connected to another street(s) at no more than two points.

b.

Shall serve no more than 30 lots, tracts or parcels at any point along its length as determined by the town engineer.

c.

Shall not create a series of interconnected loops so as to complicate the procedure of estimating lots served by a particular road section.

(3)

Collector I. A collector I is a street meeting the following conditions:

a.

May be connected to another street(s) at no more than two points.

b.

Shall serve no more than 60 lots, tracts or parcels at any point along its length as determined by the town engineer.

c.

Shall not create a series of interconnected loops so as to complicate the procedure of estimating lots served by any particular road section.

(4)

Collector II. A collector II is a privately-owned and maintained street serving more than 60 lots, tracts or parcels.

(Ord. No. 5-92, § 2.23, 8-25-92)

(a)

Alleys shall be provided in commercial and industrial land use districts, except that the planning commission may waive this requirement where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.

(b)

The width of an alley shall not be less than 24 feet.

(c)

Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movements.

(d)

Dead-end alleys shall be prohibited.

(Ord. No. 5-92, § 2.24, 8-25-92)

(a)

Utility easements. Utility easements shall be provided and where necessary may be centered on rear or side lot lines. Utility easements shall be at least 30 feet wide.

(b)

Stormwater easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there may be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose of storm drainage facilities (see subsection 34-144(f)). Parallel streets or parkways may be required in connection therewith where necessary for service maintenance and other measures for safety as may be required.

(c)

Other drainage easements. Other easements may be required for drainage purposes of such size and location as may be determined by the town engineer (see subsection 34-144(g)).

(d)

Pedestrian and service easements. Where necessary for safety and convenience service easements shall be provided. Pedestrian easements for pedestrian ways are required. Such pedestrian and service easements may include, or be included in, easements required in subsections 34-144(a), 34-144(b) and 34-144(c).

(e)

Conservation easements.

(1)

Conservation easements are utilized to protect shoreline and wetland areas. Conservation easements are blanket easements over the area of concern and are granted or dedicated to the town. Conservation easements act to limit any future encroachment or development and thus provide protection of the town's floodprone areas and wetlands areas. Conservation easements shall be coterminous with restricted development zones as described in article VIII of this chapter.

(2)

Conservation easements shall be required of all subdivisions which contain shoreline or wetland areas within their site boundaries. Conveyance of conservation easements shall be as follows:

a.

Public. Platted subdivisions which have easements dedicated to the public shall identify all shoreline areas and wetlands on the face of the plat and include these areas in the dedication. (Shall be called on plat "conservation easement.")

b.

Private (nonpublic). Subdivisions which are do not have publicly dedicated easements shall identify all shoreline areas and wetlands on the face of the plat. Conservation easements shall be granted to the homeowner association by the dedication in the plat.

(f)

Drainage easements—On-site.

(1)

Drainage easements are utilized to provide for the protection and legal maintenance of drainage systems not within a right-of-way. Drainage easements shall be required over any portion of a drainage system not within a right-of-way necessary for the function of the system.

(2)

Drainage easements for all facilities must be shown on the final plat construction drawings and approved by the town engineer prior to issuance of a final development order. The easements shall be executed prior to issuance of any final development order, accepted by the town commission, and recorded in the public records prior to issuance of a development permit.

(3)

The minimum allowable width of drainage easements shall be as follows:

(4)

The minimum allowable width of drainage easements may be increased if deemed necessary by the town engineer or the Southwest Florida Water Management District. Any variance to the above easement widths must be approved by the town engineer, the planning commission, and qualify for permits required by the Southwest Florida Water Management District.

(5)

Drainage easements shall be conveyed as follows:

a.

Drainage easements which are required within a platted subdivision shall be clearly identified on the face of the plat and included in the dedication. Retention/detention ponds within platted subdivisions shall not be protected by a drainage easement but shall be platted as a separate tract of land dedicated to the entity responsible for its maintenance.

b.

Public drainage facilities which are located within a private subdivision shall be granted a drainage easement by conveyance recorded in the official record book.

(g)

Drainage easements—Off-site. Subdivisions may require off-site drainage improvements in order to ensure the proper functioning of the on-site system. Such off-site improvements shall be provided with a drainage easement granted by conveyance and recorded in the official record book.

(h)

Access easements. Access easements are utilized to provide unobstructed access (curb cuts where applicable) for maintenance equipment from a street or right-of-way. Adequate maintenance access shall be provided for all drainage systems (i.e., open and closed drainage systems, retention/detention and exfiltration systems, etc.). Access easements shall be provided for facilities which are publicly maintained or maintained by an organization (i.e., homeowners association). Drainage systems which are required as part of an individual site development (site plan) shall not require public access easements for system maintenance. Access easements for all facilities must be shown on construction drawings and approved by the planning commission in a final development order. The easements must be executed, accepted by the town commission prior to issuance of the final development order, and recorded in the public records prior to issuance of a development permit.

(Ord. No. 5-92, § 2.25, 8-25-92)

(a)

The length, width and shape of blocks shall be determined with due regard to the following:

(1)

Provision of adequate sites for buildings of the type proposed.

(2)

Zoning regulations.

(3)

Limitations and opportunities of topography, with special emphasis on drainage of the proposed subdivision and the possible adverse effects of that drainage on properties surrounding the subdivision.

(4)

Needs for convenient access, circulation, control and safety of street and pedestrian traffic and fire protection.

(b)

Blocks generally shall not be less than 400 feet nor more than 1,400 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the planning commission may require the reservation of a 20-foot wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot wide paved footpath be included.

(c)

Pedestrian through-walks are required where necessary to assist circulation or provide access to community facilities. Such crosswalks shall have a width of not less than ten feet and a paved walk of not less than four feet.

(Ord. No. 5-92, § 2.26, 8-25-92)

(a)

Lot size and dimensions shall be in accordance with the town zoning regulations.

(1)

The ratio of the depth of any lot to its width shall not be greater than 2½ to one, except as may be specified in the town zoning regulations.

(2)

Side lot lines shall be substantially at right angles or radial to street lines.

(3)

If remnants of land exist after subdividing, they shall be incorporated into existing or proposed lots, or dedicated to public use if acceptable to the town.

(4)

Depth and width of parcels laid out or reserved for nonresidential use shall be sufficient to provide satisfactory space for off-street parking and loading as required by the provisions of the zoning regulations.

(5)

Corner lots for residential use shall have not less than 25 percent extra width, greater than the average of corresponding interior lots of the same block, to permit appropriate building setbacks from and orientation to both streets.

(b)

The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory and permanent access to an existing public street, provided that the planning commission may approve private streets when constructed to the specifications of this article.

(c)

Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, across which there shall be no right or access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. Such screen shall be composed of cold-resistent shrubs, shall be a type of shrub which presents a solid screen at the base unless liner plants are used, and shall be composed of shrubs at least three feet in height at time of planting.

(d)

When a subdivision is recorded with unpaved roads, the final plat shall contain a statement that "no further subdivision of these lots shall be permitted without paving all roads in the subdivision." Subdivisions with lots less than five acres shall have all roads paved in accordance with section 34-141. This provision shall pertain only to those developments in which a further subdivision of a lot would create a lot size of less than five acres.

(Ord. No. 5-92, § 2.27, 8-25-92)

(a)

Where a proposed park, playground, school, or other public use is located in whole or in part in a subdivision, the planning commission may require the reservation of such area within the subdivision in those cases in which the planning commission deem such requirements to be reasonable and in the public interest and to meet adopted level of service standards. The planning commission may, in such cases, seek the voluntary dedication by the developer of such areas.

(b)

Where deemed essential by the planning commission upon consideration of the particular type of development proposed in the subdivision, and especially in a large-scale neighborhood unit development not anticipated in the comprehensive plan, the planning commission may require the reservation of such other areas or sites of a character, extent and location suitable to the needs created by such development for schools, parks and other neighborhood purposes, especially to meet adopted level of service standards as specified in the comprehensive plan. The planning commission may, in such cases, seek the voluntary dedication by the developer of such areas, and condition the issuance of a final development order on such a dedication.

(c)

Where a natural stream or other important surface drainagecourse is located in an area being subdivided, the planning commission may require the dedication of lands or easements along each side of the stream or drainagecourse for the purpose of widening, deepening, sloping, ponding, improving or protecting the stream for drainage, parkway or recreational purposes. Such an easement shall be a conservation easement. (See subsection 34-144(e).)

(Ord. No. 5-92, § 2.28, 8-25-92)

(a)

General provisions. All streets to be constructed and not proposed for dedication and acceptance into the town maintained street system shall be designed, constructed and perpetually maintained in accordance with section 34-142. Privately-owned and maintained streets shall not be allowed when, or to such an extent as to interrupt or adversely affect the existing or future anticipated town maintained street system necessary to promote, protect and improve the public health, safety, good order, convenience, and general welfare.

(1)

All proposed streets shall be completely contained within the limits of the subdivision or project except connections to outside streets serving the interdevelopment street network.

(2)

Streets shall be so designed and arranged to discourage high speed traffic, through traffic, or traffic from outside the project or subdivision.

(3)

All agreements and conditions relating to the perpetual maintenance of streets must be included in the developer's agreement approved by the town commission prior to issuance of a final development order or commencement of construction.

(4)

Privately-owned and maintained streets shall be permitted only where direct connection is provided to a street maintained by the state, county or other governmental agency. Proof of approval of such connection shall be provided to the town planning commission as part of the preliminary development plan application.

(b)

Required improvements. Although the construction of privately-owned and maintained streets may depart from conformance with construction of streets for acceptance into the town maintained street system, certain minimum standards as follows have been established for privately-owned and maintained streets:

(1)

All minimum improvements including but not limited to drainage, flood protection, roadway structures, sidewalks, utilities, canals and waterways and other items deemed by the town engineer or planning commission that are necessary to promote, protect and improve the public health, safety, good order, convenience and general welfare shall be required and shall be designed in accordance with good engineering practice and maintain all adopted level of service standards.

(2)

Street construction must be inspected and approved by the town engineer prior to the sale of any lots, tracts or parcels served thereby.

(3)

Street improvements and construction shall be in accordance with the typical sections shown for local I, local II, collector I and collector II street types.

(Ord. No. 5-92, § 2.29, 8-25-92)

(a)

Monuments shall be placed at all block corners, angle points or curves in streets and at intermediate points as shall be required by the town engineer.

(b)

A sufficient number of permanent reference monuments shall be set in each subdivision, in no case less than two and in no case more than 1,400 feet apart, either within the tract or on the exterior boundaries thereof, or both, property referenced for both construction and future town use. The permanent reference marks shall meet all the specifications set out in F.S. ch. 177.

(c)

The location of all monuments shall be indicated on the final plat. All monuments and permanent reference marks shall be of such size, material, and length as may be specified by F.S. ch. 177.

(d)

Lot line boundaries shall be monumented.

(e)

All original corner markers shall be protected throughout the developments. All monuments must be in place before the developer is released from bond, if bond has been posted. If no bond is posted, monuments must be in place prior to the issuance of any development permit or sale of any lot in the subdivision. Any and all land monuments disturbed or destroyed in the process of construction shall be accurately witnessed and replaced at the expense of the developer upon the completion of construction.

(Ord. No. 5-92, § 2.30, 8-25-92)

(a)

A drainage system design prepared by a registered professional engineer is required which will include detailed construction plans, supportive calculations, and any additional information related or required therewith. The drainage system shall meet the adopted level of service standard for drainage systems specified in the adopted comprehensive plan of the town, as well as all requirements of this chapter.

(b)

The design engineer's attention is directed to the following:

(1)

Where drainage runoff comes from outside the limits of the subdivision it shall be included in the design.

(2)

Design storm density/intensity, frequency data shall be taken from the Southwest Florida Water Management District Manual entitled Basis of Review for Surface Water Management Permit Applications Within the Southwest Florida Water Management District, for this rainfall zone.

(3)

Culverts and all other facilities and structures shall be designed to meet the adopted level of service standards specified for the drainage system in the adopted comprehensive plan of the town.

(4)

In no case shall the design of the drainage system allow the water quantity and quality of postdevelopment stormwater runoff to exceed predevelopment runoff quality and quantity.

(5)

All water retention areas shall be fenced and shall be screened by appropriate trees or shrubbery, unless the retention area is designed to function as an artificial wetland.

(6)

Where land is subject to periodic flooding, 100-year flood zone limits must be shown on final plats.

(7)

Areas to be used for water retention purposes shall be designated as "water retention areas" on the plat and shall not be shown on the plat in any other way. Such areas shall in no circumstances be given a lot designation in the subdivision; when such areas are deeded to the town, they shall be deeded as "water retention areas" in a given block as the case may be.

(8)

Drainage facilities and necessary auxiliary improvements such as fencing and screening must be constructed and certified by the town engineer before the developer is released from bond, if bond has been posted. If no bond is posted, drainage facilities must be constructed, and certified by the town engineer before the sale or development of any lot of the subdivision.

(c)

Land subject to flooding (floodprone areas) or land recommended by the town engineer to the planning commission to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation.

(Ord. No. 5-92, § 2.31, 8-25-92)

The developer shall be required to clear all rights-of-way to their full width and to make all grades, including grades for streets, alleys, and drainage to grades approved in the final plat. The planning commission may provide that protected trees as defined by article XI of this chapter shall not be removed from the right-of-way, where the preservation of such trees will not hinder the future maintenance of streets, drainage or utilities, or be a hazard to vehicular or pedestrian safety. All debris shall be removed from rights-of-way.

(Ord. No. 5-92, § 2.32, 8-25-92)

(a)

The minimum width of bridges shall meet state road specifications for arterial roads and shall be the minimum width of the paving section plus three feet of each side for all other roads. Culverts shall be of such size as to provide adequate drainage opening, and of sufficient length to extend beyond the curb limits of a road. Culverts shall meet the standards specified by the town engineer, and be of sufficient size to meet adopted level of service standards.

(b)

Locations of bridges and culverts, with construction data and full specifications, shall be shown in an exhibit of the final development plan, and the final development order shall be denied unless such exhibit is transmitted.

(c)

Bridges and culverts must be constructed and approved before the developer is released from bond, if bond has been posted. If bond is not posted, bridges and culverts must be constructed and approved by the town engineer before the sale of any lot in the subdivision, and issuance of any final development order or certificate of occupancy for any lot in the subdivision.

(Ord. No. 5-92, § 2.33, 8-25-92)

(a)

Town water (including fire hydrants) shall be provided in each new subdivision. Plans for use of private septic tanks, private sewer systems, or private water systems must, in such circumstances, be fully approved by all state, county, and town authorities before approval of final plat by the town commission. Private septic tanks or private sewer systems shall be so installed as to simplify later connection with town systems.

(b)

Systems for installation of water, sewer, and storm sewer systems shall be as follows:

(1)

Water and sewer. Each lot within the subdivision area shall be provided with a connection to the town's public water supply and an adequate public sanitary sewer system that shall comply with the regulations of the state department of health and rehabilitative services, and standard specifications for water and sewer installation and approval of the town engineer. If any defects shall occur in the water or sanitary sewer facilities within one year from the date of certification by the town engineer, such defects shall be remedied and corrected at the developer's expense. The specifications and location of fire hydrants shall be approved by the town engineer.

(2)

Storm drainage. All necessary facilities, either underground pipe, drainage wells, canals, or drainage ditches, shall be installed to town standards and specifications and meet adopted level of service standards, and certification by the town engineer, so as to provide adequate disposal of surface water and to maintain any natural watercourses. In areas where high groundwater exists, under drains shall be installed. If any defects shall occur in the storm drainage system within one year from the date of certification by the town engineer, such defects shall be remedied and corrected at the developer's expense.

(c)

Installations for water, sewer, and storm drainage shall be installed at the expense of the developer with no rebates from the town to the developer.

(Ord. No. 5-92, § 2.34, 8-25-92)

(a)

All streets and public ways shall be cleared and graded to their full width of right-of-way and to the established and approved grade as set out in section 34-151. If required to prevent erosion or excessive washing, protective measures shall be taken by the developer as required by the town engineer.

(b)

Street signs identifying streets by name or number shall be installed in accordance with section 34-155. Street names and lot numbers shall conform to the street naming and lot numbering plan of the town.

(c)

Warning and regulatory signs including stop, yield, etc., shall be installed in accordance with specifications and regulations used by the county road department and must be in compliance therewith.

(d)

All cul-de-sac and dead-end streets shall be marked with a sign indicating "Dead End."

(e)

Design standards for streets and roads shall be as follows:

(1)

Lots less than five acres. In any subdivision where one or more lots are less than five acres in size, all roads shall be paved and shall be constructed to town's standards as provided herein. (See typical road sections at the end of this article.)

(2)

Lots five to 20 acres. In any subdivision where all lots are five acres or more or less than 20 acres in size, roads may generally be unpaved (no surface course) according to the following requirements:

a.

Streets may generally be unpaved; however, paving may be required depending upon topography, and other special circumstances as may be determined by the planning commissioners after review and recommendations having been made by the town engineer to the planning commission of the town. Those subdivision streets which are unpaved shall conform to all other requirements of this article. (See typical road section in Figure 1 of this article.)

b.

All collector streets shall be paved.

c.

All section line streets shall be paved.

(3)

All streets. All streets shall be paved to at least the minimum applicable standard specifications of the town. The right-of-way widths, utilities easements and locations, and paving widths and shoulder stabilization, shall be in accordance with the typical cross section in Figure 1.

(Ord. No. 5-92, § 2.35, 8-25-92)

(a)

Street sign material, location, and height. Street name signs shall be placed at each street intersection on metal posts erected in concrete (or any other approved method) by the developer. The top of each sign shall be seven feet above the centerline grade of the road. The signs shall be located midway between the edge of the roadway and right-of-way line. All signs shall be uniform and conform to the following specifications:

(1)

Blue reflectorized background baked on six-inch wide aluminum blanks;

(2)

Name letter shall be four-inch silver reflectorized letters;

(3)

Abbreviations are permissible as follows:

a.

RD for Road.

b.

ST for Street.

c.

AVE for Avenue.

d.

PL for Place.

e.

CT for Court.

f.

TER for Terrace.

g.

CIR for Circle.

(b)

Street sign inspection and certification. Street name signs shall be installed prior to certification review by the town engineer and release of bond. Installation of street name signs shall be a prerequisite to receiving certification from the town engineer and prior to sale of or issuance of a development permit for any lot in the subdivision.

(c)

Street naming. For purposes of street naming the following suffixes shall apply:

(1)

Avenue shall be used only for streets that run in a generally east-west direction;

(2)

Street shall be used only for streets that run in a generally north-south direction;

(3)

Circle or Court shall be used only for cul-de-sac type streets that run in a generally north-south direction;

(4)

Lane or Place shall be used only for cul-de-sac type streets that run in a generally east-west direction;

(5)

Road or Way shall be used only for streets that run in a diagonal manner, either a generally northwest-southeast direction or a northeast-southwest direction;

(6)

The words north, south, east, or west should be avoided as part of a street name whenever possible.

(d)

Street naming of a street extension. Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.

(Ord. No. 5-92, § 2.36, 8-25-92)

FIGURE 1: TYPICAL ROADWAY SECTION DESIGN STANDARD

(a)

General notes. General notes pertaining to typical roadway section design standards shall be as follows:

(1)

Stabilization shall be type b unless otherwise noted.

(2)

Streets shall be designed and constructed in accordance with the Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways.

(3)

Governing specifications shall be the current edition of the state department of transportation standard specs for road and bridge construction.

(b)

Notes for typical road section for local I and II. Notes for typical road section for local I and II shall be as follows:

(1)

Surface course (optional): 1¼ inches minimum D.O.T. type I or type II asphaltic concrete or D.O.T. type 2 bituminous surface treatment, or D.O.T. double surface treatment.

(2)

Base: Six inches minimum of compacted limerock or other suitable material, approved by the town engineer.

(3)

Subgrade stabilization: When required shall be accomplished by mixing limerock or other suitable material, approved by the town engineer, with clean sand; stabilized subgrade must be a minimum of eight inches in depth stabilized with subgrade w/LBR 20 and must be approved by the town engineer.

(4)

Where, in the opinion of the town engineer, it is necessary areas shall be fertilized, seeded, mulched and watered to prevent erosion.

(c)

Notes for typical road section for collector I. Notes for typical road section for collector I shall be as follows:

(1)

Surface course (optional): One inch minimum D.O.T. type II asphaltic concrete or D.O.T. type 2 bituminous surface treatment, or D.O.T. double surface treatment.

(2)

Base: Without surface course; six inches minimum of compacted limerock or other suitable material, approved by the town engineer; alternately may be eight inches minimum of loose limerock or other suitable material mixed with clean sand, compacted after mixing and having a compacted depth of 12 inches.

Base: With surface course; four inches minimum of compacted limerock or other suitable material, approved by the town engineer; alternately may be six inches minimum of loose limerock or other suitable material mixed with clean sand, compacted after mixing and having a compacted depth of 12 inches.

(3)

Subgrade stabilization: When required shall be accomplished by mixing limerock or other suitable material, approved by the town engineer with clean sand; stabilized subgrade must be a minimum of 12 inches in depth and must be approved by the town engineer.

(4)

Where, in the opinion of the town engineer, it is necessary areas shall be fertilized, seeded, mulched and watered to prevent erosion.

(d)

Notes for typical road section for collector II. Notes for typical road section for collector II shall be as follows:

(1)

Surface course (optional): One inch minimum D.O.T. type II asphaltic concrete or D.O.T. type 2 bituminous surface treatment, or D.O.T. double surface treatment.

(2)

Base: Six inches minimum of compacted limerock or other suitable material, approved by the town engineer; alternately may be six inches minimum of loose limerock or other material mixed with clean sand, compacted after mixing and having a compacted depth of ten inches.

(3)

Subgrade stabilization: When required shall be accomplished by mixing limerock or other suitable material, approved by the town engineer with clean sand; stabilized subgrade must be a minimum of 12 inches in depth and must be approved by the town engineer.

(4)

Where, in the opinion of the town engineer, it is necessary areas shall be fertilized, seeded, mulched and watered to prevent erosion.

(Ord. No. 5-92, § 2.37, 8-25-92)