Article V of the Jupiter Island Land Development Regulations shall be known and may be cited by the short title "Subdivision Code."

The purpose of the Subdivision Code is:

A.

To ensure proper identification, monumentation and recording of real estate boundaries; and

B.

To ensure that the purchaser of lands in the subdivision is provided with adequate and necessary physical improvements of lasting quality which will be installed by the developer, and to ensure that other citizens and taxpayers will not bear this cost; and

C.

To provide for safe and convenient traffic circulation; and

D.

To provide an efficient, adequate and economic supply of utilities and services to new land developments through the dedication of land for recreational, educational and other public purposes; and

E.

To help conserve and protect physical, economic and scenic resources; and

F.

To promote the public health, safety, comfort, convenience and general welfare; and

G.

To serve as an instrument of comprehensive plan implementation pursuant to F.S. ch. 163.

The Subdivision Code is applicable to all new subdivisions in the town. No one may proceed with subdivision improvements until a subdivision plat has been reviewed by the building department as the administrative authority and approved by the town manager as the administrative official and approved as to form by the town attorney.

(Ord. No. 413, § 2, 11-24-25)

A.

Conformance to local government plans required. The arrangement, character, extent, width, grade and location of streets shall conform to the existing street plans of Martin County and the Town of Jupiter Island which provide for streets on the parcel or parcels proposed for subdivision.

B.

Location of other streets. The location of streets which are not indicated on the existing street plans of Martin County and the Town of Jupiter Island must relate to existing and planned streets and topographical and soil conditions in a manner that ensures that:

1.

Public convenience and safety are promoted; and

2.

The proposed uses of the land will be adequately served by such streets; and

3.

The requirements of these land development regulations with regard to lot width, lot area, and lot frontage are not frustrated; and

4.

The proposed streets will be sound; and

5.

Significant trees will be preserved and protected to the maximum extent feasible; and

6.

The community character of the town is maintained or enhanced.

C.

Street design. Streets shall be designed as follows:

1.

The width of all street rights-of-way shall not be less than 50 feet.

2.

The radius at all intersections shall not be less than 25 feet.

3.

The radius of culs-de-sac shall not be less than 50 feet.

4.

The width of pavement shall be at least 18 feet.

5.

The minimum elevation shall be six feet NGVD.

6.

On-street parking shall not be provided.

D.

Street names and markings. All streets shall be named and marked.

A minimum of ten feet shall be reserved at the rear or side within all platted lots for drainage and utilities, and the dedication thereof shall appear on the face of the plat. The town may require any additional easements which are necessary to provide public services to the subdivision.

A.

Underground utilities required. All new utilities shall be installed underground.

B.

Availability of utilities. All required utilities shall be available to the subdivision within six months following subdivision approval.

Each proposed project and/or site shall maintain on-site 100 percent of all stormwater runoff from a three year frequency, 24-hour duration storm event that is occasioned by the project and adjoining rights-of-way.

All areas designated as wetlands pursuant to Chapter 62-340, Florida Administrative Code by the Department of Environmental Protection [FDEP] or the South Florida Water Management District [SFWMD], which are located within the proposed subdivision shall either:

A.

Be retained in their natural state; or

B.

If retention is not feasible, be the subject of an approved wetlands mitigation plan that includes all of the following:

1.

Replacement of the functions and values of the wetlands to be impacted or filled, based on a Wetland Rapid Assessment Procedure (WRAP) approved by the FDEP and/or the SFWMD. Mitigation may include but is not limited to creation, enhancement, restoration and preservation.

2.

A wetland mitigation ratio that is based upon the WRAP score, but not less than one to one.

3.

All required mitigation within the boundaries of the proposed subdivision, unless the mitigation will benefit the drainage basin or areas adjacent to the town.

4.

The grant of a conservation easement to the town or SFWMD or FDEP, encompassing:

a.

all preserved and mitigated wetlands; and

b.

a buffer adjacent to all preserved and mitigated wetlands that is an average of 75 feet in width and not less than 50 feet in width, which shall be planted with native upland vegetation.

5.

A stormwater management program which prevents direct discharge into preserved wetlands.

A.

Lots shall be platted according to the requirements of the underlying zoning district.

B.

Lot width and lot depth shall not be less than 100 feet in any zoning district.

C.

All lots shall have at least 50 feet of frontage on a public street.

The subdivision shall be designed to ensure the preservation of significant trees and tree canopy to the maximum feasible extent.

The preliminary plat shall be prepared by a state registered surveyor or mapper, with all locations and dimensions drawn accurately to scale and with accurate linear and angular dimensions. The preliminary plat shall include all of the following:

A.

The information that must be included on a plat pursuant to F.S. §§ 177.091 and 177.041(1), as amended from time to time.

B.

A location sketch of the proposed subdivision in relation to the town limits.

C.

The date the preliminary subdivision plat was prepared.

D.

The name of the owner of the property that is the subject of the application, or the name of the owner's authorized agent.

E.

The jurisdictional boundaries of all wetlands within the proposed subdivision, as certified by the Department of Environmental Protection and/or the South Florida Water Management District.

F.

The location and dimensions of all existing:

1.

Water courses, drainage ditches, canals and bodies of water adjacent to or within the immediate vicinity of the proposed subdivision; and

2.

Buildings within the proposed subdivision; and

3.

Septic systems, water mains, culverts, fire hydrants, underground or above-ground utilities in or adjacent to the proposed subdivision; and

4.

Streets and alleys adjacent to the proposed subdivision, including name, right-of-way width and pavement width (existing streets shall be dimensioned to tract boundaries); and

5.

Property lines, easements and rights-of-way.

G.

The location and dimensions of all proposed:

1.

Seawalls and docks; and

2.

Sites, if any, to be reserved or dedicated as open space or recreational areas, conservation easement areas, wetlands, or other such uses; and

3.

Water, septic systems, drainage facilities, fire hydrants and other utilities in the proposed subdivision and on land within 100 feet of its boundaries.

H.

Site data, in tabular form, including number of residential lots, typical lot sizes and areas, and areas in open space, conservation areas, etc.

I.

Other relevant information that may be required by the administrative official due to special conditions present on the parcel or parcels proposed to be subdivided.

J.

If the applicant intends to regulate land use by deed restriction or restrictive covenant, 20 copies of the proposed deed restrictions and/or restrictive covenants.

The final plat shall:

A.

Conform to the requirements of F.S. § 177, part I, as amended from time to time; and

B.

Be of a uniform scale such that one inch equals no more than 200 feet; and

C.

Be printed on sheets that are not larger than 24 inches by 36 inches; and

D.

Include all of the following information in addition to that required by F.S. ch. 177, part I, unless it is obviously not applicable to the plat:

1.

A location sketch showing location of the subdivision with respect to section or government lines.

2.

The boundary lines of the subdivision with accurate distances measured to hundredths of a foot and angles of half minutes. The boundary lines shall be determined by accurate field survey, which shall be balanced and closed with error closures not to exceed one foot to 5,000 feet. Surveys shall be coordinated and tied into the nearest established section corner or quarter section by angle and distance.

3.

The exact names, locations and widths along the property lines of all existing or recorded streets that intersect or parallel the boundaries of the subdivision.

4.

The accurate outline of all property which is to be dedicated or reserved as wetlands, conservation/ preservation or for the public use including open drainage courses and suitable 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.

5.

Mortgage holders shall execute the following certificate on the face of the plat: "The mortgagee consents and agrees to the platting of the lands embraced in the plat and to the dedication shown thereon, and further, should it become necessary to foreclose the mortgage covering the said property that all pieces and parcels dedicated to the public will be excluded from said suit and the dedication remain in full force and effect."

6.

Restrictive covenants and/or trusteeships and their duration. However, if these restrictions are of such length as to make their lettering on the plat impracticable, they shall be provided in a separate recorded instrument that is referred to on the plat.

7.

The certificate of the registered land surveyor attesting to the accuracy of the survey and that the permanent reference monuments have been established according to law.

8.

The date the final plat was prepared.

9.

The name of the record owner and subdivider.

E.

A separate instrument shall be attached to and made part of all plats showing the grade of all roads, streets, alleys and other rights-of-way however designated, and the elevations of the several portions of the land depicted on the plat, by contour lines at two foot intervals.

F.

A letter from a title company certifying the following shall be presented with the final plat, that in addition to the requirements of F.S. § 177.041(2), states:

1.

Whether or not taxes and assessments are current; and

2.

That the legal description of the property to be platted is correct.

Subdivision fees shall be established by resolution of the town commission from time to time and recorded in a fee schedule that is kept on file with the town clerk.

No subdivision plan or plat shall be approved for recording in the public records of Martin County unless it has received both preliminary and final approval pursuant to this division, which shall be conducted pursuant to article X, division 7.

Applications for preliminary subdivision plan approval shall include all of the following:

A.

A preliminary plan of the proposed subdivision.

B.

The application fee.

C.

A current survey of land and existing structures in the proposed subdivision.

D.

A survey of existing and proposed topography in the proposed subdivision.

E.

If utilities or utility easements are included in the proposed subdivision, utility company review and acceptance letters.

F.

If the application is for a major subdivision, a traffic engineering study that includes trip generation, traffic control devices and sign locations.

G.

If the application involves impacts to environmentally sensitive land or water resources or material changes to existing drainage, an environmental impact study.

H.

If the proposed plat covers only a portion of the applicant's entire contiguous holding, a sketch showing the prospective street layout and proposed use for the remaining property that is contiguous to the proposed subdivision.

I.

If common landscape areas are provided, a general landscape plan and tree planting plan for the common landscape areas.

J.

If the lots in the subdivision will be served by new septic systems:

1.

Percolation tests for each lot, and

2.

A map showing all proposed individual disposal systems, and

3.

Full specifications of the individual disposal systems.

K.

Soil bearing capacity tests, where necessary to determine whether areas dedicated for rights-of-way are appropriate for such use.

The administrative official's report and recommendations shall address whether the proposed subdivision is:

A.

Consistent with the town comprehensive plan; and

B.

Consistent with these subdivision regulations; and

C.

Consistent with the underlying zoning district regulations.

A.

The board of adjustment shall make recommendations to the town commission regarding whether the proposed subdivision is:

1.

Consistent with the town comprehensive plan; and

2.

Consistent with these subdivision regulations; and

3.

Consistent with the underlying zoning district regulations.

B.

The board of adjustment shall recommend to the town commission that the application be approved, approved with conditions, or denied.

The town commission shall approve the proposed subdivision if it is, or will be as a result of conditions of approval:

A.

Consistent with the town comprehensive plan; and

B.

Consistent with these subdivision regulations; and

C.

Consistent with the underlying zoning district regulations.

Following a decision by the town commission to approve or approve with conditions an application for preliminary subdivision plan approval, an applicant shall submit 20 copies of the final subdivision plan and any covenants or supporting documents required as a condition of preliminary subdivision plan approval to the building official no later than 30 days prior to the next available meeting of the board of adjustment.

Upon receipt of an application for final subdivision plan approval, the administrative official shall prepare a report and recommendations for use by the board of adjustment and town commission regarding whether the proposed final subdivision plan is consistent with the approved preliminary subdivision plan, including whether conditions of approval are satisfied.

A.

The board of adjustment shall make recommendations to the town commission regarding whether the proposed final subdivision plan is consistent with the approved preliminary subdivision plan, including whether conditions of approval are satisfied.

B.

The board of adjustment shall recommend to the town commission that the final subdivision plan be approved or denied.

A.

The town commission shall decide whether the proposed final subdivision plan is consistent with the approved preliminary subdivision plan, including whether conditions of approval are satisfied.

B.

The town commission shall approve or deny the final subdivision plan. If the town commission approves the final subdivision plan, the administrative official shall assign address numbers to the subdivided lots.

Where the applicant demonstrates by clear and convincing evidence that an extraordinary hardship will result from strict compliance with this chapter, the town commission may grant a variance to this chapter so that substantial justice may be done and a public interest secured. However, such variance must not be in conflict with nor have the effect of nullifying the intent and purpose of the town's comprehensive plan and land development regulations. In granting variances, the town commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so varied.

There shall be no building permits issued for development within the subdivision prior to the town's acceptance of all approved subdivision improvements.

A.

Street construction. The minimum specifications for street construction shall be set by the administrative official, and shall be kept on file for public inspection at the building department. Alternative materials and designs may be approved by the administrative official if the applicant demonstrates that the alternative materials or designs will result in a road that is of equal or greater durability than a road constructed to the town's standards.

B.

Drainage. Drainage systems must be designed in a manner than does not negatively impact the water quality of the Class III waters of the town. All proposals for stormwater systems must include an environmental impact statement describing how the system will affect the water quality of the Class III waters of the town.

C.

Septic systems. Septic systems shall be installed according to the requirements of the Martin County Health Department.

A.

The applicant shall provide the town an irrevocable clean letter of credit drawn upon a county bank in an amount equal to 135 percent of the estimated cost of the proposed subdivision improvements to secure the cost of the construction of the improvements. The letter of credit shall be effective for one year after the date the improvements are expected to be completed.

B.

The cost of the proposed subdivision improvements shall be certified by a state registered engineer and shall be subject to the town's review and approval at the same time that other subdivision fees are negotiated prior to the execution of the plat for the town by the town manager.

C.

There shall be no building permits issued for development within the subdivision prior to the town engineer's and director of public works' acceptance of the completed improvements. Construction permits for the improvements must be obtained from the town within 12 months of the date upon which the subdivision has been approved by the town commission, or all approvals shall become null and void. Subdivision improvements shall be completed within six months of the date of their commencement or at such time as the town commission may decide is appropriate given the scope of the subdivision. If the improvements are not completed within the specified time, or if work is abandoned on the property by failure to conduct activity toward the improvement of the property for a continuous period of 30 days or more, or if the improvements are not completed in accordance with the approved plans, the town may call in the irrevocable letter of credit and cause the improvements to be completed.

(Ord. No. 353, § 1, 8-12-15)

Subsequent to a subdivision plat having been approved pursuant to the process stated herein, no parcel in that plat can be sold, transferred or conveyed unless and until the plat has been filed and recorded of record in the public records of Martin County, Florida.

(Ord. No. 323, § 1, 5-5-09)