(1)

To provide regulations that apply to the subdividing of land in the city, which shall be in addition to the regulations established by F.S. Ch. 177.

(2)

To establish minimum standards for the development and subdivision of unsubdivided parcels or tracts.

(3)

To provide for the efficient, adequate and economical provision of needed utilities and streets during the planning and design of new subdivisions.

(4)

To save unnecessary expenditures of public funds by initial proper construction of utilities and streets.

(5)

To provide regular procedures for the uniform and expeditious processing and approval of subdivision plats.

(6)

To assist orderly and efficient development of the city, and thereby promote the health, safety, morals and general welfare of the residents of said city.

Final plat: The final map, prepared by a surveyor in accordance with F.S. Ch.177, on which the developer's layout of the subdivision is presented to the city commission for approval.

Preliminary plat: The preliminary map prepared by a surveyor indicating the proposed layout of the subdivision.

Subdivision: The division of land into two (2) or more lots, sites, tracts, parcels or other designations, and said division shall constitute a subdivision whether by recorded plat, unrecorded plat or conveyances by metes and bounds description; provided however that a division of land ordered or approved by a court or effected by intestate or testamentary provision shall not be deemed a subdivision, and a resubdivision of land heretofore divided or platted into lots, sites, tracts, parcels or other designations which does not involve a new street or right-of-way shall not be deemed a subdivision.

Cross reference— See definition for subdivision, article II.

Surveyor: A land surveyor authorized to do business in the state of Florida by virtue of registration.

Cross reference— See also definitions in general, § 101-8; definition of home occupations, § 101-34; definitions specific to landscaping, § 101-61; definitions specific to floodplains, § 101-91; definitions specific to signs, § 101-130.

(1)

Compliance with state laws. The developer must comply with all the provisions of F.S. Ch. 177, and all other pertinent state statutes and requirements.

(2)

Lot sales and building permits. Until a plat of any subdivision has been approved in the manner prescribed herein, lots therein shall not be sold, advertised for sale, negotiated for sale, or become a part of any other change of ownership transaction; nor shall a building permit be issued or any other city service rendered.

(1)

Preliminary plat requirements. The developer shall have a preliminary plat of the subdivision prepared by a surveyor, which shall show the following as a minimum:

(a)

Proposed name of subdivision.

(b)

A vicinity sketch showing the relation of the proposed subdivision to adjoining property.

(c)

Name and address of the developer or his authorized agent.

(d)

Name and address of the surveyor responsible for the plat.

(e)

North point, graphic scale and date.

(f)

Locations and names of adjoining subdivisions.

(g)

The location, width and names of all existing streets and public rights-of-way on or adjacent to the tract.

(h)

All existing property lines and easements on or adjacent to the tract, and the purposes for which the easements have been established.

(i)

All existing watercourses, canals and other bodies of water on or adjacent to the tract.

(j)

All existing sanitary sewers, storm sewers, culverts, water mains and overhead and underground utilities on or adjacent to the tract. The location and size of the nearest water main and sanitary sewer must be indicated upon the plat.

(k)

The location, width and names of all proposed streets, easements and public rights-of-way; the proposed lot lines with approximate dimensions; and parks and parcels of land proposed or reserved for public use.

(l)

Preliminary plans indicating the proposed installation of water lines, surface drainage structures, sanitary sewers, electric power lines, fire wells (also known as dry hydrants) and other installations; grades of all proposed streets and public rights-of-way including preliminary cross sections and centerline profiles. Note: approval of such preliminary plans does not constitute approval of final utility and other improvement plans required as part of the final plat.

(2)

Approval process. See article XII for approval process by planning and zoning committee, city commission and other agencies.

(1)

Plat submittal. The developer shall have a final plat of subdivision prepared by a surveyor and submitted to the building official. The final plat must conform with the preliminary plat and must incorporate the changes and modifications required in connection with the approval thereof. The following requirements must be met:

(a)

Conformity to statutes: The plat shall conform to the regulations and requirements stated in F.S. § 177.091.

(b)

Dedication: The final plat must contain a dedication by all developers and mortgagees having a record interest in the lands subdivided as stated in F.S. § 177.081.

(c)

Surveyor's certificate: The certificate, registration number and seal of the surveyor must be shown on the plat as stated in F.S. § 177.061.

(2)

Covenants. The final plat must be accompanied by a document prepared for recordation which establishes any subdivision restrictions or covenants running with the land, which must be approved by the city commission, and which must be recorded by the developer in the office of the clerk of the circuit court of Monroe County at the same time that the final plat is recorded.

(3)

Completion of improvements or bond. The final plat must be accompanied by proof that all required improvements have been installed in accordance with city commission specifications, and detailed engineering drawings showing the construction and installation thereof shall be presented by the developer; or a bond or other security must be posted as provided by this article together with detailed engineering drawings showing said installations which will be made in accordance with specifications established by the city commission.

(4)

Payment of taxes. The final plat must be accompanied by proof that all due city and county taxes and assessments shall have been paid.

(5)

Title opinion . The final plat must be accompanied by a title opinion or title policy as stated in F.S. § 177.041.

(6)

Disposition of final plat. The developer shall make three (3) copies of the final plat, one (1) on linen tracing cloth and two (2) prints or photographic copies on cloth. The plat on linen tracing cloth shall be filed by the clerk of the circuit court of Monroe County. One (1) print or photographic copy on cloth shall be kept in said clerk's office for public use. One (1) print or photographic copy on cloth shall be delivered to the city clerk by the developer.

(7)

Staged development. If the proposed subdivision is of such size that its development would logically be undertaken in increments, approval of the preliminary plat of the entire development may be secured, but a final plat of each increment may be recorded in proper succession.

(1)

Name. 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 same county as to confuse the records or to mislead the public to the identity of the subdivision, except where 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," "replat," "amended," etc. The name of the subdivision shall be shown in the dedication and shall coincide exactly with the subdivision name.

(2)

Dedications. Rights-of-way for streets, easements for utilities, rights-of-way and easements for drainage and public areas shall be dedicated to the public. Dedication must be signed by all of the owners and all holders of mortgage and other liens of the property platted indicating their approval of the plat and executing the dedications required.

(3)

Size. The minimum lot size required shall be determined by article III of this code.

(4)

Lot elevation. All lots shall be filled to a minimum height of four (4) feet above mean sea level as established by the United States Coast and Geodetic Mean Sea Level Datum. See article VIII for building elevations.

(5)

Reference monuments. Permanent reference monuments shall be installed as provided in F.S. § 177.091.

(1)

General requirements. Before the final plat of any subdivision shall be approved by the city commission, the developer shall first accomplish at his own expense the following public improvements or the developer shall agree to accomplish at his own expense the said improvements by posting with the city clerk a cash bond or performance bond equal to one hundred ten (110) per cent of the estimated cost of the improvements to be performed, or by some other form of guarantee which is acceptable to the city commission. The bond or other form of guarantee shall guarantee complete performance of said improvements within a period of time not to exceed two (2) years. If the work is not completed within the time limit established, the city shall proceed with the work and hold the developer and his surety jointly and severally responsible for the cost thereof.

(2)

Release of bond. The bond of the developer will be released by the city commission upon proof that all the required improvements have been installed.

(3)

Grading. All streets shall be graded and ditched to the full width of the street right-of-way according to specifications established by the city commission.

(4)

Street paving.

(a)

Width: All streets shall be paved to a width of not less than twenty (20) feet according to the county specifications for subdivision roads.

(b)

Height: All streets shall be paved to a minimum height of five and one-half (5½) feet above mean sea level as established by United States Coast and Geodetic Mean Sea Level Datum.

(5)

Drainage. Any necessary facilities, such as boreholes and related trench drains, shall be installed to provide adequate disposal of surface water. The facilities for surface water disposal shall be constructed according to specifications established by the city commission. Any drainage easements shall be dedicated. It is recognized that the principal stormwater runoff facilities (onsite detention) must await site grading and landscaping.

(6)

Water lines. All lots shall be provided with water lines in accordance with specifications in section 101-117.

(7)

Sanitary sewers. All lots shall be provided with sanitary sewers in accordance with specifications in section 101-117.

(8)

Electric power lines. All lots shall be provided with electric power lines in accordance with specifications established by the city commission.

(9)

Sidewalks, street lights and waterfront facilities. Sidewalks, street lights, canals and canal bank improvements for all lots shall be provided by the developer if so ordered by the city commission, and, if required, shall be constructed in accordance with specifications established by the city commission. No curb or gutter shall be built by any private landowner along any of the streets unless specifically authorized by the city due to unique circumstances.

(10)

Street signs. The developer shall provide or cause to be provided street name signs and traffic control signs on all streets in accordance with specifications established by the city commission.

(11)

Fire wells. It shall be the obligation of the developer of any new subdivision to construct fire wells (also known as dry hydrants) sufficient to meet at least the minimum standards set forth in the publication by the National Fire Protection Association, Inc., known as NFPA "Standard on Water Supplies for Suburban and Rural Fire Fighting 1231" published 1984, as approved by the county fire marshal. Before final approval of any plat is given, it shall be the duty of the developer to coordinate with the county fire marshal and to obtain from that office a letter of approval concerning the placement, number, design and capacity of fire wells to be constructed upon the property. Fire wells shall be constructed only by persons or corporations having a valid license to construct such improvements.

(1)

Specifications. The developer shall obtain the following from the building official:

(a)

Standard specifications for sewer line and pumping station construction; and

(b)

Standard construction details: These are to be used as guidelines by the developer's consulting engineer. A fee of fifty dollars ($50.00) made payable to the City of Key Colony Beach shall be payment for these specifications and details.

(2)

Procedures. Prior to commencing any construction, the following actions are required by the developer and/or his agent:

(a)

Plans: Submit a completed FDER permit application for the sewerage improvements together with one (1) complete copy of all design calculations and three (3) sets of detailed blueline prints and construction specifications which completely depict and describe the proposed construction

(b)

Plan review: The city will review the developer's submittal and return one (1) marked up set of drawings and specifications delineating any required changes the city discovers.

(c)

Final plans: The developer is to effect the changes noted in (b) above and resubmit three (3) complete sets of drawings and specifications, one (1) approved FDER permit for the sewer improvements, and an itemized construction cost estimate for each construction category (sewer, paving, drainage, etc.). All drawings, specifications, cost estimates, design calculations, etc. are to be prepared by and signed and sealed by a licensed registered Florida engineer competent to practice in the area of expertise involved.

(d)

Performance bond: Together with the developer's final plan submittal, he is to provide the city with a labor, materials and performance bond (unless other security for performance has been accepted by the city commission) in favor of the utility board for sewerage improvements and in favor of the city for all other construction (paving, drainage, etc.) in the amount of one hundred (100) per cent of the total construction cost. The bonds shall be by a surety licensed to do business in and having a regular business office-agent in Florida.

(e)

City fee: Together with the developer's final plan submittal, he is to pay the city a fee in the amount of three (3.0) per cent of the total estimated construction cost to cover the city's costs for reviews, permitting, and periodic on-site construction observations. Cashier's checks are required, made payable to the city utility board.

(f)

Connection charge: Together with the developer's final plan submittal, he is required to apply, via cashier's check made payable to the utility board, twenty-five (25) per cent of the city's sewer connection charge. This payment will be credited to the connection charge existing at the time a request for actual connection to the sewer is made

(g)

Plan approval: The city will issue or deny a permit for construction of proposed improvements within sixty (60) days of the submission of all of the above described data.

(h)

Timing: The construction shall be promptly started and all construction shall be completed within three hundred sixty-five (365) calendar days of permitting date. The developer will incur additional fees for construction time overruns.

(i)

Inspections: The city's agents shall be permitted to conduct on-site observations and if construction is not in accordance with the approved drawings and specifications, work shall cease until the defect is remedied. The city will not accept any work that is not in accordance with previous approvals and work that does not successfully pass the required tests.

(j)

Completion: Upon completion and successful testing of the facilities, the developer is to provide the city with the following before final acceptance and operation by the city:

One (1) complete set of mylar "record" (as-built) drawings which accurately depict the construction, including sewer lateral locations; and

A one year warranty and a bill of sale and operating instructions, spare parts, etc.; for all construction to be accepted by the city for ownership; and

(1)

Adjoining street system. Streets in a new subdivision shall make provision for the continuation of existing streets and in adjoining subdivisions.

(2)

Street width. The minimum right-of-way shall be fifty (50) feet.

(3)

Access. Every lot or parcel in a subdivision shall have access to a public street.

(4)

Corner radii. Minimum radii at street intersections shall be twnety-five (25) feet.

(5)

Dead-end streets. Dead-end streets shall terminate in a circle having a diameter of not less than one hundred (100) feet to the property line. The right-of-way around the curve shall be joined to the right-of-way along the street by a curve having at least a fifteen (15) foot radius.

(6)

Canals. The minimum width of a canal shall be one hundred (100) feet measured from the front of the seawall or mangrove line to the front of the opposite seawall or mangrove line. Projection of docks shall be specified in subdivision restrictions which must be approved by the city commission. Depth of a canal shall be eight (8) feet below mean sea level for continuous bottom width of at least twnety (20) feet on the center line of the canal. A minimum depth of four (4) feet below mean sea level shall be required at the seawall or dock (if there is no sea wall) constructed on the lots adjacent to a canal.