The purpose of this article shall be:

(1)

To provide minimum standards for the conversion of unplatted land to subdivisions;

(2)

To promote orderly street patterns;

(3)

To provide a guide for subdividers toward meeting requirements that are conditions precedent to approval of subdivision plats by the town council;

(4)

To reduce congestion of traffic and population; and

(5)

To provide light, air, and public access in newly developed areas of land.

(Land Development Code 1995, § 2.03.01)

(a)

No person shall file with any circuit court clerk, officer, or individual responsible for entering records of land deeds in the county any plat of a subdivision for recording as defined herein and located within the town until such subdivision plat has been approved by the mayor as directed by the town council. All costs shall be paid by the subdivider.

(b)

Any building or structure erected or to be erected in violation of this article shall be deemed as an unlawful building or structure and the mayor, town attorney, or any other official of the town may bring action to enjoin such erection or cause it to be vacated, removed, or altered, at no cost to the town.

(Land Development Code 1995, § 2.03.18(9))

Where the subdivider can show that the provisions of this article would cause him unnecessary hardship, by reason or causes not of the subdivider's making, and because of the peculiar shape or topography of the site, the town council may or may not approve a variance, provided that in so doing the intent of this article is not violated. Any such variance so approved shall be stated in writing both on the approved plat and in the minutes of the town council with the reasons therefor.

(Land Development Code 1995, § 2.03.17)

Subdivisions of 50 or more lots may additionally require review and approval as a planned unit development (PUD), in accordance with article III, division 3 of this chapter.

(Ord. No. O-21-30, § 1, 12-7-2021)

Where proposed development includes subdivision of land, the final approval of the development plan by the development director shall be made contingent upon approval by the town council of a plat conforming to the development plan.

(Land Development Code 1995, § 6.06.01)

After receiving plat-contingent final development plan approval, the developer shall submit to the development director a plat conforming to the development plan and the requirements of F.S. ch. 177.

(Land Development Code 1995, § 6.06.02)

The development director shall, within five working days of receiving the plat, determine whether the plat conforms to the approved development plan and the requirements of F.S. ch. 177. If the department determines that the plat so conforms, it shall place the plat on the next available agenda of the town council allowing for the required notice. If it does not conform, the development director shall explain the deficiency in the plat to the developer and inform him that a corrected plat may be resubmitted for approval.

(Land Development Code 1995, § 6.06.03)

Review of the plat by the town council shall be strictly limited to whether the plat conforms to the requirements of F.S. ch. 177. A conforming plat shall be approved and the development director shall forthwith issue the development order allowing development to proceed. The town council shall return nonconforming plats to the developer with an explanation of deficiencies and a notice that a corrected plat may be resubmitted for approval.

(Land Development Code 1995, § 6.06.04)

Any person seeking to alter in any way the configuration of an existing recorded plat in the town shall due so in conformity with the provisions of this article. Any such proposed replat shall be examined for completeness and accuracy by the town surveyor or town engineer. Any existing plat of land in the town which is sought to be replatted for whatever reason shall conform to all of the other provisions of this chapter pertaining to the platting of lots within the town. After such replatting, all references to such lands covered by the replat, shall be referred to by the replat and not by the description as contained in the original plat. Any such replat shall provide thereon all information necessary to ensure that the replatted lots conform to the current town codes. Any proposed replats shall follow the same process as if such land had never been platted.

(Ord. No. 2002-002, § 1(6.06.05), 2-5-2002)

(a)

The preliminary plat may be in sketch form, but shall be at an approximate scale. All sheet sizes shall conform to county platting requirements.

(b)

The preliminary plat shall meet minimum standards of design and show proposed provisions for the construction of the public improvements as required. The following information shall be shown:

(1)

The name and location of the proposed subdivision, the name and address of the owners and all mortgages, liens, and encumbrances on the title of the land.

(2)

Date, approximate north arrow, and scale.

(3)

The total acreage of land in the proposed subdivision, and the area of each lot proposed.

(4)

A legal description of the land.

(5)

A certificate of approval to be acted upon by the town council.

(Land Development Code 1995, § 2.03.05)

Construction plans-preliminary plat shall indicate the following:

(1)

The location of existing property lines, streets, sidewalks, street lighting, buildings, watercourses, railroads, sewers, bridges, culverts, drain pipes, water mains, and any public or private easements that are within or adjacent to the proposed subdivision.

(2)

Alignments and dimensions of proposed streets, alleys, parks, public lands, easements and utility layouts (water, sewers, electricity, street lighting, fire hydrants, and storm drainage) showing feasible connection to an existing or proposed system; lot lines and lot numbers.

(3)

Contour lines at vertical intervals of not more than one foot.

(4)

Existing ground profiles and proposed grades and names of all streets, sanitary and storm sewer lines, and water lines. Street profiles and grades shall be at centerlines of streets. They shall be drawn to a minimum scale of one inch to 50 feet for streets and one inch per 100 feet for master plans.

(Land Development Code 1995, § 2.03.06)

(a)

The applicant shall prepare or cause to be prepared by a state professional land surveyor on Mylar, in conformance with the land platting requirements of the board of county commissioners, a final plat of the proposed subdivision based upon all or any portion of the approved preliminary plat of the subdivision.

(b)

The applicant shall submit the original drawing on Mylar at a scale of no less than one inch equals 100 feet and a reproducible copy of the original drawing of the final plat, plus three prints of the plat and one set of construction drawings for the engineer not less than ten days prior to the meeting of the town council at which it is to be considered, as request for approval thereof. The copies of these documents that are submitted to the council shall show the information required by subsection (d) of this section.

(c)

Upon receipt of a final plat and construction drawings for approval the town council shall submit necessary documents to the town engineer for review and recommendation and submit a copy of the title opinion for review to the town attorney.

(d)

The town engineer shall review the final plans and ascertain that all work proposed therein has either:

(1)

Been completed according to the requirements of this article; or

(2)

That a surety bond, in an amount determined by him, has been posted by the applicant with the town clerk in an amount that will assure the completion of the work shown on the plans, at no cost to the town.

The engineer shall, within eight days after receipt of final plans, return same to the town council with his recommendation for approval or disapproval of the final plat transmitted in writing.

(e)

Upon receipt of the recommendations of the town engineer, the town council shall review the final plat at the meeting at which the plat is presented, but in no event later than the next regular meeting of the town council. Failure of the town council to approve, disapprove, or reach an agreement in writing with the applicant for an extension of such time, shall be deemed approval by the town council.

(f)

If the plat is approved, it shall be accomplished by resolution of the town council and approved by a majority of the council. The mayor shall affix his signature to the original Mylar and the reproducible copy thereof as evidence of the town council's approval. The original Mylar shall be returned to the applicant to be submitted as a permanent county record; the signed reproducible copy shall be forwarded to the town clerk for permanent town records.

(g)

If the plat is disapproved, the tracings shall be returned to the applicant with the reasons for such disapproval in writing transmitted therewith. The print shall be marked "disapproved" with the date and reasons thereof, and one copy shall be retained in the files of the town.

(h)

Approval of the final plat by the council shall constitute acceptance by the town of the dedication of any streets, easements, or other public way or ground shown thereon.

(Land Development Code 1995, § 2.03.07)

(a)

All sheet sizes shall conform to county platting requirements.

(b)

The final plat shall show:

(1)

The names and right-of-way locations and lines of all streets, alleys, or roads in, through or adjoining the subdivision;

(2)

Lot and/or block numbers;

(3)

Reservations of easements;

(4)

Sites proposed for any use other than notes stating their intended or proposed use;

(5)

Deed restrictions, if any;

(6)

All engineering data necessary to permit the ready location on the ground of the alignment, bearing, and length of every street line, lot line, boundary line, block and building line whether curved or straight, and including the true north arrow. This shall include the radius, central angle, and tangent distance for the centerline of the curved streets and property lines;

(7)

All dimensions to the nearest 1/100 of a foot and angles to the nearest minute;

(8)

Location and description of all monuments in or adjoining the subdivision and accurate description of the location of such monuments with relation to range and township;

(9)

Date, title, name and location of the subdivision and scale;

(10)

Immediately current legal certification by a state professional land surveyor as to the accuracy of survey and placement of monuments;

(11)

Immediately current legal certification of ownership, and certification of dedication to the town of all streets, rights-of-way, and any land dedicated to public use;

(12)

Certificate of approval to be signed by the mayor and attested by the town clerk; and

(13)

Certification for the use of county recording officer.

(Land Development Code 1995, § 2.03.08)

(a)

Final approved construction plans shall be submitted with the final plat.

(b)

There shall be nonrefundable and nonreturnable filing fees submitted with a request for final approval of subdivision plat plans which fees shall be payable to the town, in such amounts as provided from time to time by resolution adopted by the town council.

(Land Development Code 1995, § 2.03.09; Ord. No. 2001-003, § 1, 6-5-2001)

(a)

Street and alley compliance specifications. Streets and alleys shall comply with the following:

(1)

Conformity to major street plan. All streets, roadways, and public rights-of-way shall conform in alignment and specifications to the requirements of any approved major street plan.

(2)

Relation to existing street system. The proposed streets in any subdivision shall, insofar as may be practical, conform to the alignment of existing streets, so as to extend or project the adjacent, or similarly aligned existing streets in the general area.

(3)

Street right-of-way widths. The minimum width of rights-of-way measured between lot lines shall be as specified by any approved major street plan, or if not shown thereon, as follows:

a.

Arterial streets and highways: 80 to 150 feet as required. Arterial streets and highways are those used primarily for fast or heavy traffic, and as designated on the approved major street plan.

b.

Collector streets: 60 feet. Collector streets are those which carry traffic from residential streets to arterial or other collector streets, and principal feeder streets in, to, or through areas or neighborhoods, and for major intra-town circulation as shown on any approved major street plan.

c.

Residential streets: 50 feet. Residential streets are those which are used or intended to be used primarily for access to the abutting properties and are designed for local traffic use.

d.

Marginal access streets: 40 feet. Marginal access streets are those parallel and adjacent to arterial streets and highways; and which provide access to abutting property on one side only.

e.

Dead-end streets (cul-de-sacs): 50 feet. Cul-de-sacs are those streets designed so that they may not and shall not be extended in the future.

f.

Alleys: 15 feet. Alleys are public ways used or designed to be used primarily for secondary or service access to the rear or side of properties otherwise abutting on a street.

(4)

Additional width on existing streets. Subdivisions that abut or adjoin existing streets shall dedicate additional right-of-way and pave the street required to meet the minimum street widths set forth in subsection (3) of this section, according to the following conditions:

a.

The entire width of the necessary additional right-of-way shall be dedicated when and where any part of the subdivision is on both sides of the existing street.

b.

The additional right-of-way required on the applicant's side shall be dedicated when and where the subdivision is located on one side of an existing street.

c.

If the street is unpaved, the owner of the subdivision shall pave the town street to town street specifications up to and including the access to all lots.

(5)

Restriction of access. When a proposed subdivision abuts an arterial street or highway, the town council shall require lots fronting on such arterial street or highway to be served by a marginal access street.

(6)

Street grades. Grades on arterial streets shall not exceed nine percent, nor be less than one-half of one percent. Grades on all other streets shall not exceed ten percent, nor be less than one-half of one percent.

(7)

Horizontal curves. Where a deflection angle of more than ten degrees occurs in the horizontal alignment of any street, a curve of the length hereafter specified shall be introduced.

(8)

For arterial and collector streets. The centerline radius of curvature shall be not less than 300 feet.

(9)

For all other streets. The centerline radius of curvature shall be not less than 150 feet.

(10)

Vertical curves. Vertical changes in grades of streets shall be connected by vertical curves of a minimum length in feet equal to 15 times the algebraic difference in rates of grades for arterial and collector streets, and seven times the algebraic difference in rates of grades on all other streets.

(11)

Intersections. Street intersections shall be as nearly at right angles as is practicable; no intersection shall be at an angle of less than 60 degrees. Street curbs at intersections of streets shall be connected by a curb with a horizontal radius as required by any approved major street plan.

(12)

Tangents on reverse curves. A tangent of at least 100 feet in length shall be introduced between reverse curves on all arterial and collector streets.

(13)

Street jogs. Street jogs or "offsets" in horizontal alignment of streets across intersections shall not be made within less than 125 feet between centers.

(14)

Minor streets or courts. Minor streets or courts designed to have one end permanently closed shall not be more than 1,200 feet in length. Such streets shall be provided at the closed end with a turnaround having an outside right-of-way radius of not less than 50 feet.

(15)

Where it is found by the town council to provide for street access to adjoining property or for future extension of proposed streets, rights-of-way shall be extended by dedication to adjoining property boundaries with no reserve strips between the right-of-way and property line, and the developer shall provide a turnaround as required to exist until the street is extended.

(16)

Private streets and reserve strip. There shall be no private streets platted in any subdivision. Every lot shall be served by a public paved dedicated street. There shall be no reserve strips controlling access to any streets, except where the control of such strips is definitely and permanently placed with the public under conditions approved by the town council.

(b)

Alleys deemed as secondary means of access. Alleys shall be required as a secondary means of access to all commercial and business lots. Alleys shall not be required in residential developments.

(Land Development Code 1995, §§ 2.03.10, 2.03.11; Ord. No. 2000-011, §§ 1, 2, 11-7-2000)

(a)

Proposed streets which are in alignment with other existing or proposed streets, shall bear the same names as such existing or proposed street.

(b)

In no case shall the name of proposed streets duplicate existing street names, or bear names which may be confused with existing streets; all such street names shall be approved by the town council and the county emergency management system (911).

(Land Development Code 1995, § 2.03.11)

(a)

Length. Blocks shall not be shorter than 400 feet, nor longer than 1,320 feet in length along the longest dimension, except as the town council agrees is necessary to secure a more efficient use of land or desired features of street pattern.

(b)

Width. Blocks shall be wide enough along the shortest dimensions to permit two tiers of lots of minimum depth, except where fronting on arterial streets or highways and the rear of lots abut the arterial way. In no other case shall conditions be approved which permit a tier of lots to be served by two streets.

(Land Development Code 1995, § 2.03.12)

(a)

Arrangement. Insofar as practical, side lot lines shall be at right angles to straight street lines, and radial to curved street lines. Every lot shall abut a public street or road for a distance of not less than 40 feet.

(b)

Minimum size. No residential lot shall be permitted that is smaller in area than is required for residences by this chapter for the zoning district in which the proposed subdivision is located, except as otherwise provided.

(c)

Public land and service areas. Due consideration shall be given to the allocation of land areas that are suitably located and of adequate size for playgrounds, parks, and other public uses.

(d)

Public open spaces. Where a park site, recreational site, public access to water frontage, or any other public facility is shown on any portion of the comprehensive plan of the town, or any part of such plan that has been officially adopted by the town council, is located in whole or in part in the applicant's subdivision, the town council may require the reservation of such land as lies within the subdivision; provided that the town shall enter into an agreement for acquisition of said property from the subdivider within a reasonable length of time of the final approval of the subdivision.

(Land Development Code 1995, § 2.03.13)

Except where alleys are provided for the purpose of placing utilities and access, the town council shall require utility easements not exceeding 15 feet in width for the placement and service of poles, wires, pipes, conduits, storm and sanitary sewers, gas, water, or other utility lines along and centered on rear lot lines, side lot lines, or at other locations when necessary for the extension of existing or proposed utilities.

(Land Development Code 1995, § 2.03.14)

Land that is subject to flooding conditions and land that is deemed by the town council based on USGS topographical surveys or other engineering considerations to be subject to flooding shall not be platted for residential occupancy, nor for such other use as may endanger health, life, or property, or aggravate erosion or flood conditions, until the developer provides adequate drainage or other corrective measures.

(Land Development Code 1995, § 2.03.15)

Plans for a group housing development of dwelling units shall meet the requirements of this chapter and be approved by a public hearing by the town council. It is not mandatory that the design of such group developments meet all requirements for standard street and lot arrangements specified in this article, provided approval can be granted without violating the intent of the standards set forth in this article.

(Land Development Code 1995, § 2.03.16)

(a)

All subdivision improvements shall be under the supervision of an engineer registered in the state. Upon completion of the subdivision improvements, said registered engineer shall certify to the town engineer in writing that all improvements have been installed and completed in compliance with this article. Upon certification by the engineer, the mayor may approve the final plat for filing with the town and the county.

(b)

The final plat shall be submitted to and approved by the council before it is transmitted to the mayor for final approval.

(Land Development Code 1995, § 2.03.04)

Every subdivision developer shall agree to guarantee the accomplishment of the following:

(1)

To grade and improve as hereinafter specified all streets and alleys; install curbs, gutters, monuments, sanitary sewers, storm drains, water supply, electrical service, gas service, and street name markers in conformance with this article.

(2)

To maintain all of the same for a period of one year from date of acceptance of said subdivision, and to post a bond by a reputable surety company licensed to do business in the state, or cash in an amount of not less than $5,000.00, for subdivisions of not in excess of 40 lots, and an additional sum of $1,000.00 for each five lots thereafter, to ensure one year of maintenance of all facilities.

(Land Development Code 1995, § 2.03.18(intro.))

(a)

The engineer shall make or cause to be made periodic inspections of the work at any time, but not less than at the stages listed in subsection (b) of this section. The developer shall notify the engineer at least two days before such inspection is needed, and the succeeding stage shall not proceed until authorization is given in writing by the engineer to so proceed.

(b)

Required inspection stages are as follows:

(1)

At completion of sewer line laying, but prior to the covering of any S line.

(2)

At completion of any landfill work.

(3)

At completion of any installation, but before covering of any underground utility.

(4)

At completion of curb and catchbasin work.

(5)

At completion of street grading work, but before any base is in place.

(6)

At completion of base laying, but before any pavement is placed.

(7)

At completion of paving.

(8)

Material test results per the state department of transportation (FDOT) specification must be furnished at the time of inspection.

(9)

The engineer shall perform periodic, unannounced inspections of the subdivision and utility construction site at his discretion, but not to exceed eight hours of inspection time in any calendar week.

(c)

The actual cost to the town of the subdivision and utility construction inspections listed in this section, including periodic unannounced inspections shall be borne by the owner, developer, subdivider or the contractor doing the subdivision construction. The town will receive and pass the invoices of the engineer directly to the responsible person or company for payment to the engineer. The responsible person or company and the engineer shall copy the town clerk and town planner on all correspondence.

(d)

The engineer may order work to stop at any point that he determines that work is being done that does not conform to this article. Such stop work order shall operate to void the conditional approval of the final plat until necessary corrective action has been accomplished by the developer at no cost to the town.

(Land Development Code 1995, §§ 2.03.02, 2.03.03; Ord. No. 2007-01, §§ 1, 2, 4-3-2007)

The subdivider shall prepare the subgrade of all required streets by grading same to the profiles approved by the town engineer, compact and smooth the surface, and provide and install paved surfaces according to the specifications as adopted from time to time by the town council by resolution.

(Land Development Code 1995, § 2.03.18(1))

All dedicated public streets, avenues, boulevards and other public thoroughfares sought to be subdivided under the provisions of this article shall be paved at no cost to the town. Paving shall be completed prior to final plat approval unless satisfactory terms are approved by the town council.

(Land Development Code 1995, § 2.03.18(10))

All water mains, electric power, telephone, cable services, gas mains, sanitary sewer lines, storm sewer lines, and all service connections to individual lots in new developments shall be installed underground prior to the installation of any street base course, paving, or curbing. It shall be the responsibility of the contractor charged with building new streets to notify all utility providers of its street construction and paving schedules, such that they have ample time to construct their facilities to the development being served by the new streets. Specifically:

(1)

There shall be no aboveground, overhead or aerial crossing of a public right-of-way at the point of entrance to new residential development.

(2)

In all new subdivisions, all new secondary or feeder service shall be installed underground.

(3)

The town planner or the town engineer and the power company shall plan and engineer the extension of electric power, so that no new poles are necessary to provide service to a new subdivision. Where localized conditions, such as excessive distance to existing service or duplication of the existing service, make this requirement impractical to comply with, the number of new poles shall be the absolute minimum to accomplish the project.

(Land Development Code 1995, § 2.03.18(2))

Water mains properly connected with a county public health department approved water supply system shall be installed in such a manner as to adequately serve all lots shown on the subdivision plat for both domestic use and fire protection. The sizes of water mains, location and types of valves and fire hydrants, the amount of soil cover over the pipes and other features of the installation shall be as required by the National Fire Protection Association. The water distribution system shall be installed by the subdivider as approved by the engineer, at no cost to the town.

(Land Development Code 1995, § 2.03.18(3))

Sanitary sewers shall meet the requirements of F.A.C. ch. 64E-6. The sanitary sewerage system shall be installed under the direction of, and certified by, a licensed professional engineer. The cost of providing the sanitary collection system shall be paid by the subdivider and shall be at no expense to the town.

(Land Development Code 1995, § 2.03.18(4))

The subdivider shall install storm drain pipes, catchbasins, and all other such facilities of sizes and alignments to adequately drain his subdivision in conformity with good standards of practice for municipal storm drainage systems, and approved by the engineer, at no cost to the town.

(Land Development Code 1995, § 2.03.18(5))

Electric service shall be designed and laid out by the legally franchised power company.

(Land Development Code 1995, § 2.03.18(6))

In the event that the water, sewer or storm sewer pipes or street improvements required by the town are of sizes larger than would be needed to serve the subdivision under consideration, the subdivider shall be required to install the larger facilities at no cost to the town. The town shall use its power of eminent domain to acquire necessary additional rights-of-way with all cost paid by the applicant.

(Land Development Code 1995, § 2.03.18(7))

No utility connections shall be made to any residential lot, commercial or industrial development or single institutional use unless such lot, development or use abuts a publicly dedicated street for a distance of at least 40 feet, even though a public utility easement may exist.

(Land Development Code 1995, § 2.03.18(8))