(a)

The purpose and intent of this article is to:

(1)

Provide for the harmonious development of the City;

(2)

Secure a coordinated layout and adequate provision for traffic; and

(3)

Secure adequate provision for light, air, recreation, transportation, potable water, flood prevention, drainage, sewers, other sanitary facilities, and City services.

(b)

It is also the purpose and intent of this article that subdivision layout and design should be:

(1)

Adapted to the unique features and opportunities of the site;

(2)

Utilize contemporary, imaginative design; and

(3)

Ensure an efficient design that accounts for the natural features of a site.

This section shall apply to all land required to subdivide in accordance with Section 2.5.2(b), Subdivision.

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

In addition to the standards of this Article 6, all land required to subdivide is also subject to the standards in Article 5: Development Standards, and Appendix A: Engineering and Design Manual.

Any person who, being the owner or agent of the owner of any land located within the City, thereafter transfers or sells such land, or any part thereof, by reference to a plat showing a subdivision of such land before such plat has been approved by the city council and recorded in the office of the clerk of the circuit court of Orange County, Florida, and any person to whom such transfer or sale is made, shall be guilty of a misdemeanor and shall be punished accordingly, and the metes and bounds description in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from constituting an offense hereunder.

Easements shall be provided in accordance with Section 3.4, Easements, in Appendix A: Engineering and Design Manual.

(a)

The size, width, depth, shape, and orientation of each lot shall be appropriate for the location of the subdivision, based on the natural features of the site, the requirements of the underlying zone district, and for the type of development and use contemplated. Lots shall be arranged and designed so that all lots provide satisfactory and attractive building sites.

(b)

The dimensions of each lot shall conform to the requirements of this LDC and the following:

(1)

The width and area of a residential lot not served by central water and sewer shall be at least one and one-half times (1½) the minimum lot standards of the zone district where the lot is located.

(2)

The width and depth of a lot intended for commercial or mixed-use development shall be adequate to provide for the off-street service and parking facilities required by this LDC for the proposed type of use and development for the site.

(c)

The subdivision plan shall provide each lot with satisfactory and permanent access to an existing public street via a public street, through an easement. The driveway placed within the easement to provide access shall comply with all applicable standards of this LDC. The DRC may waive this requirement and allow access via a private street that is constructed to the street specifications for a public street required by this LDC.

(d)

Double frontage and reverse frontage lots shall be avoided except where necessary to provide separation of residential development from arterial or larger streets, or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, across which there shall be no right of access, shall be provided along the line of lots abutting such a street.

(e)

Side lot lines shall be substantially at right angles or radial to street lines. The entrance of automobiles from each lot to the street shall be approximately at right angles or radial to street lines.

(f)

Lakefront lots shall have minimum setback lines of 50 feet from the high-water mark established in Table 5.3.7(d)(2): Normal High Water Elevations, and shall conform to the provisions of this LDC.

(g)

No areas that are undeeded shall exist within a subdivision.

(a)

Purpose. In accordance with Ch. 166, Fla Stat., and the comprehensive development plan, all developers proposing land for subdivision development for more than ten (10) residences shall dedicate a portion of the subdivision land, or pay a fee in-lieu, for park and/or recreational purposes. The land dedication or in-lieu fee shall be based on providing a minimum of ten (10) acres of land for each one thousand (1,000) persons that would reside in the subdivision.

(b)

Requirements.

(1)

Land Specified in Comprehensive Development Plan. If the comprehensive development plan has designated any portion of the land within the proposed development as a park or recreational facility, and:

(A)

If the land designated as a park or recreation facility within the proposed development is one (1) acre or greater, the developer shall be required to dedicate the land in accordance with this section.

(B)

If the land designated as a park or recreation facility within the proposed development is less than one (1) acre, the City Council may, at its option, require dedication of the land or payment of a fee in-lieu of land.

(2)

Land Not Specified in Comprehensive Development Plan. If no portion of the land within the proposed development is identified as a park or recreational facility in the comprehensive development plan, the City Council may, at its option, require dedication of land or payment of a fee in-lieu of land based on the following considerations:

(A)

Topography, geology, access, and location of land in the subdivision available for parks and/or recreational purposes;

(B)

Size and shape of the proposed subdivision;

(C)

The proximity and availability of land off-site that is suitable for parks and/or recreational purposes that would meet the needs of the residents of the proposed subdivision; and

(D)

Guidelines, criteria, and/or other provisions of the comprehensive development plan.

(c)

Standards.

(1)

Land Formula. The amount of land to be dedicated shall be determined in accordance with the following:

(A)

Subdivisions with primarily single-family detached dwellings: two (2) acres of land per every one hundred (100) dwelling units.

(B)

Other residential subdivisions: two (2) acres of land per every seventy-five (75) dwelling units.

(2)

Fees in-lieu of Land.

(A)

The amount of fee required to be paid by the subdivider shall be based on the fair market value of the developed land which would otherwise have been required to be dedicated. The fair market value shall be based upon an average estimated fair market value per subdivided developed acre of the subdivision.

(B)

For purposes of this subsection, developed land is defined as land within an approved subdivision in which all required improvements have been constructed and accepted by the City.

(d)

Receipt of Land or Funds.

(1)

All funds collected in accordance with this section shall be used only for the purpose of providing park and/or recreational facilities reasonably related to serving the residential subdivision, such as through the acquisition of land for park or recreational purposes, or for improvements to existing land. If the City Council deems there are sufficient recreational or park areas available for the development, the funds may be used for improving other land for park and/or recreational purposes within the City.

(2)

All land conveyed to the City in accordance with this section shall be in fee simple title.

(e)

Procedure.

(1)

At the time of approval of the preliminary plat, the City Council shall determine the land to be dedicated and/or the fees to be paid by the developer, in accordance with this section. The determination of the City Council shall be final and conclusive.

(2)

At the time of approval of the final plat, and prior to signing of the record plat, the developer shall transfer land or funds as determined in subsection (1) above. At the time of approval of the final plat, the City Council shall also specify the nature of the park and/or recreational facilities to be developed in accordance with the transfer of land or funds.

(Ord. No. 1433, § 9, 10-14-24)

Streets and alleys in a subdivision shall be laid out and constructed in accordance with Section 5.1, Mobility and Connectivity Standards.

(a)

Approval of the final plat shall be subject to the subdivider having submitted to the City plans and specifications for all improvements required by the City, and these plans and specifications being approved by the appropriate City officials prior to commencement of construction, and receipt of an acceptable performance bond.

(b)

A professional engineer registered by the State of Florida shall be employed to design the required improvements. After the required improvements have been constructed, the engineer shall submit certification to the City that the improvements have been constructed according to the approved plans and specifications.

(a)

Within each block of a subdivision at least two (2) monuments designed and designated as control corners shall be installed. All monuments shall be constructed of concrete and be at least four (4) inches in diameter or square and at least three (3) feet in length. Each monument shall have, embedded in its top or attached by a suitable means, a metal plate of noncorrosive material marked plainly with a point, the surveyor's registration number, the month and year it was installed, and the words, "Permanent Reference Monument" or the initials, "P.R.M." Monuments shall be set in the ground so that the top is flush or no more than one (1) foot below the finished grade.

(b)

Steel or wrought-iron pipe or the equivalent not less than three-fourths (¾) inch in diameter and at least 30 inches in length shall be set at all block corners, points of intersection, points of curvature, and points of tangency along the right-of-way except those located by concrete monuments. At the time of the final inspection of the required improvements, a surveyor's certificate indicating that the permanent reference monuments are in place shall be provided.

The subdivider shall furnish and install at all intersections, street signs or markers of a size and type specified by the City. All street signs or markers shall be in place and approved as satisfactory by the Public Works Director prior to approval of the final plat. Street names shall be approved by the Public Works Director and comply with the standards in Section 3.14, Street Names, in Appendix A: Engineering and Design Manual.

(a)

Each subdivision shall include street trees to enhance safety, convenience, and attractiveness.

(b)

Each tree shall:

(1)

Meet the standards of Section 5.3.4(g)(3), Tree Standards.

(2)

Be of a species permitted by Section 5.3.4(g)(1), Quality, Species, and Planting Standards;

(3)

Be shade or canopy trees unless the Community Development Director approves a different type of tree;

(4)

Be planted between the sidewalk and curb in a street tree planting area that is a minimum of six feet in width set a minimum of four (4) feet off the back of curb, utilizing a root barrier where any hardscape is closer than four (4) feet to the base of the tree; and

(5)

Be spaced between forty (40) and sixty (60) feet apart on center.

(c)

The Public Works Director shall approve the tree planting plan, including the variety of street trees used.

Utility service connections to individual properties for electricity, telephone, data, gas, and television communication shall be placed underground, in accordance with Section 5-20 of the City Code. Wherever possible, utility lines shall be located along the rear lot lines.

All subdivisions shall include storm drainage systems that are designed and constructed to comply with the standards of Section 2, Drainage, in Appendix A: Engineering and Design Manual, and the following:

(a)

The system shall be designed by a professional engineer registered in the state of Florida. Any substantial diversion of water shall be accomplished through culverts or pipes to prevent erosion or flooding.

(b)

All drainage facilities shall be designed for a positive outfall to existing storm sewer systems.

(c)

If, in the judgment of the Public Works Director, the added run-off from the developed area will overtax or overload existing facilities, the developer shall include in the plan sufficient work to enlarge the present facilities to accommodate the added drainage imposed on the system.

(d)

Where land may be subject to periodic flooding by the overflow from lakes, canals, or streams, a flood plain shall be established and clearly designated on the final plat.

The subdivider shall be required to clear all rights-of-way to their full paving width and to make all grades, including grades for streets, alleys, and drainage, to grades approved for the final plat. All debris shall be removed from rights-of-way.

(a)

Bridges shall be designed by a professional engineer registered in the state of Florida, and if required by the Florida Greenbook shall be wide enough to provide for curbs, standard paving widths, a five-foot sidewalk on both sides of the street, and a five foot wide street tree planting area (see Section 6.3.4, Street Trees, above). Approach guardrails or fences shall be provided if the Public Works Director determines they should be required.

(b)

Culverts shall be designed in accordance with Section 2.10(c), Culvert Design, in Appendix A: Engineering and Design Manual.

(c)

Underground drains shall include one (1) or more of the following and conform to the City's standards: reinforced concrete pipe which meets A.S.T.M. and FDOT specifications (minimum diameter twelve (12) inches), or reinforced concrete box culverts.

(d)

Locations of bridges and culverts, with construction data and full specifications, shall be shown in an exhibit. Approval or acceptance of the final plat shall not be accomplished unless the exhibit is transmitted to the Public Works Director.

(e)

Bridges and culverts shall be constructed and approved by the Public Works Director before the subdivider is released from bond.

(a)

City potable water, sanitary sewer, and storm sewer shall be provided in each new subdivision unless the P&Z determines, after public hearing, that conditions are such that this requirement or a portion of it may be set aside. City water shall be available for fire control prior to commencing building construction. A subdivision located within one thousand (1,000) feet of a City sanitary sewer and/or water line shall be required to be connected to the lines. Whenever the P&Z allows private septic tanks, private sewerage systems, or private water systems, the plans shall be approved by all requisite state, county, and City authorities before approval of the final plat.

(b)

Potable water and sewerage systems shall be designed and constructed in accordance with the standards and regulations of DEP, the Orange County Health Department, and this LDC and the City Code. These systems shall be designed by a professional engineer registered with the State of Florida. The construction shall be inspected and certified by a professional engineer registered with the state. Three (3) sets of as-built plans shall be prepared and furnished to the City upon completion of these systems.

(c)

A looped central water system with minimum six (6) inch water mains connected to the City's system shall be provided in all residential or commercial subdivisions. The system shall be designed and constructed to satisfy the domestic requirements established by DEP and the fire protection requirements established by the American Insurance Association. As a minimum standard, the distribution system shall be capable of delivering in addition to domestic requirements at residual pressures of not less than twenty (20) pounds per square inch, fire flows of at least five hundred (500) gallons per minute in single-family residential subdivisions and one thousand two hundred fifty (1,250) gallons per minute in commercial, mixed-use, and industrial areas. Fire hydrants of a type approved by the Public Works Director shall be spaced no greater than five hundred (500) feet from any part of a building in single-family residential subdivisions and shall be connected to mains. The location, installation, and rental arrangements for fire hydrants shall be determined by the Public Works Director in collaboration with the Fire Chief. The design of the water system shall conform to the City of Maitland Master Water Plan. All water mains shall be cast iron pipe. All single service lines shall be a minimum of one (1) inch, and all double service lines shall be a minimum of one and one-half (1½) inches unless otherwise approved by the Public Works Director.

(d)

A central sanitary sewerage system shall be provided in all subdivisions unless the requirement is waived by the Planning and Zoning Commission and approved by the City Council. The sewerage system shall be designed to conform with the City of Maitland Master Sanitary Sewerage Plan. This system shall have a minimum of eight (8) inch mains. No sewerage system shall be designed or constructed in such a manner as to adversely affect the water quality of any existing stream, lake, or underground aquifer.

(e)

Whenever individual sewerage disposal systems are allowed, the system shall comply with the following:

(1)

The soil and water table conditions on the lot shall be satisfactory for the installation of drainfields in accordance with regulations of the DEP and the Orange County Health Department;

(2)

The use of individual sewerage systems should not hinder or obstruct the orderly and economic extension or development of the municipal system; and

(3)

Each individual sewerage system should be located in the front yard or another location which would provide a convenient and economical connection to a future sewerage system.

(f)

The cost of installing potable water, sanitary sewer, and storm sewer facilities shall be borne by the subdivider, provided, however, that where the subdivider is required to install larger lines or facilities than necessary to serve the subdivision in order to provide for future development, the difference in costs between installing facilities adequate for the subdivision and the oversize lines shall be borne by the City. Future subdivisions shall make use of such oversize facilities and shall be assessed the cost for their proportionate share of the facility they use.

(g)

Facilities to be installed in accordance with this subsection shall be constructed and approved by the Public Works Director before the subdivider is released from bond.

All streets, curbs, and gutters shall be constructed to the standards in Section 3, Roads, in Appendix A: Engineering and Design Manual.

Upon completion of all work under bond, the developer shall submit to the City Manager a statement certified and sealed by a professional engineer registered in the State of Florida stating that the work has been entirely completed, that it was constructed under the engineer's supervision, and that it conforms in all respects to the final plat and plans for required improvements and to the specifications set by this article and this LDC.

(a)

Upon receipt of this certificate of completion, the Public Works Director shall make a final inspection of each of the contract operations on the subdivision. If the work conforms to all plans and specifications, the City Manager shall inform the City Council in writing and recommend acceptance by the City. The City Council's action accepting the improvements shall constitute authority for release of the developer's performance bond.

(b)

In the event the developer has not completed the construction of all improvements within the authorized time limitations, the Director of Finance shall, when directed by the City Manager, notify the surety company or such other organization furnishing the bond or its equivalent of pending default.

The City Manager shall administer and enforce this article. Violations, penalties, and enforcement procedures shall be as set forth in Ch. 1, Ch. 4.7, Article III, and Ch. 5.3 of the City Code.