Subdivision regulations are adopted for the following purposes:

a.

To protect and promote the health, safety and welfare of the citizens of Midway.

b.

To provide rules, regulations and standards to guide the subdivision of land in order to allow development without peril from flood, fire or other danger.

c.

To protect and conserve the value of land throughout Midway and to minimize the potential conflicts among the uses of land.

d.

To protect the character and the social and economic stability of Midway and to encourage the orderly development of Midway in order to prevent haphazard, premature or scattered land development.

e.

To insure that the taxpayers of Midway will not have to bear the costs resulting from haphazard subdivision activities and road development.

f.

To insure safe and convenient traffic control.

g.

To insure the installation of adequate physical improvements and recreation open spaces concurrent with the subdivision of land.

h.

To serve as a tool of comprehensive planning for Midway and further the goals, objectives and policies of the Midway comprehensive plan.

3.00.01.

Saving provision. These actions shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing, or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City of Midway under any section or provision existing at time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City of Midway except as shall be expressly provided for in these regulations.

a.

Usage.

1.

For the purpose of these regulations, certain numbers, abbreviations, terms and words used in these regulations shall be used, interpreted and defined as set forth in this section.

2.

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "In these regulations"; the word "regulations" means "these regulations."

3.

The word "shall" indicates an action that is mandatory; the word "may" indicates a word that is permitted.

b.

Definitions.

Abutting property - any property that is immediately adjacent or contiguous to, or immediately across any road or right-of-way from any subdivision, lot or tract.

Administrative official - an official designated by the governing body to administer and enforce the land development regulations of the City of Midway.

Alley - a right-of-way providing a secondary means of access to the side or rear of those properties whose principle frontage is on a street and has a right-of-way of 30 feet or less.

Approval - the final acceptance of the proposal by the Midway City council. Approval by the council is final only after the appeal process outlined in Section II Administration and Enforcement, has been exhausted.

Arterial road - roadway providing relatively continuous service, high traffic volume, long trip length and a high operating speed (all U. S. Numbered highways).

Berm - an earthen bank designed to direct stormwater.

Block - a piece or parcel of land entirely and immediately surrounded by streets or highways, watercourses, subdivision boundaries and/or rights-of-way or any combination thereof. Building. any structure designed or built for the support, enclosure, housing, shelter or protection of persons, animals or chattel.

Capacity - the amount of traffic that a given street or highway can carry during a specified time at a specified level of service.

City - the City of Midway, Florida.

City-designated engineer - a person currently licensed and registered to practice engineering in the State of Florida and retained by the City to oversee the appropriate provisions of these regulations.

Cluster development - a development approach in which buildings are grouped to maximize open space on a site.

Collector road - a roadway providing service which is of a relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads and arterial roads.

Comprehensive plan - the officially adopted document including any amendments thereto which includes goals, objectives, policies and maps that will guide the physical development of the City of Midway.

Cul-de-sac - a short local road having but one end open for vehicular traffic, the opposite end being terminated with a permanent turnaround.

Density - the number of dwelling units per acre of land.

Developer - an individual, partnership, corporation or other legal entity, or agent thereof, who undertakes proceedings under these regulations to effect the subdivision of land hereunder or add or change the land use classification of a tract or structure for himself or for another. The term "developer" may include "subdivider," "owner" or "builder."

D.E.P. - the Florida Department of Environmental Protection.

D.O.T. - the Florida Department of Transportation.

Drainage right-of-way - the land required for the installation of stormwater sewers, ditches, swales or other structures necessary to ensure the proper flow and disposal of stormwater as required in F.A.C. ch. 17-25, the stormwater discharge regulations of DER.

Dwelling or dwelling unit - any building, portion thereof or other enclosed space or areas used as or intended for use as the home of one household or family, with separate cooking and housekeeping facilities, either permanent or temporary. The following are types of dwelling units:

Single-family - a building designed for one household as a home, with access to cooking and housekeeping facilities.

Two family - a building designed for two households only, with separate cooking and housekeeping facilities each.

Multi-family - a building designed for three or more households with separate cooking and housekeeping facilities for each.

Easement - a grant by a property owner of the use of land for a specific purpose or purposes by the general public, or a corporation or a certain person or persons.

Final plat - the final plat of all, or a portion of, the subdivision which is presented for approval, in accordance with these regulations and which, if approved, shall be filed and recorded with the City.

Flood prone areas - areas inundated by a flood level which occurs on the average of once in one hundred years. These areas are delineated on the Flood hazard Boundary Map series put out the FEMA.

Frontage - the length of the front property line of the lot, lots, or tract of land abutting a public street, road or rural right-of-way.

Governing body - the City council of the City of Midway.

Health department - the environmental health unit of the Gadsden County health department.

Immediate family - the father, stepfather, mother, stepmother, grandparent, step grandparent, brother, stepbrother, sister, stepsister, daughter, stepdaughter, son, stepson, grandchild, step grandchild, or foster child of a person deeding land without valuable consideration.

Improvements - physical changes made to raw land, and structures place on or under the land surface in order to supply the infrastructure needed to serve the projected population.

Land surveyor - a land surveyor duly registered to practice in the state of Florida.

Local road - a road that provides only access to adjacent properties and by nature of its layout does not serve vehicles passing through the area with neither origin nor destination within the area.

Lot - a portion of a subdivision, the boundaries of which have been clearly designated upon the plat according to Florida law or any piece of land described by a legally executed and recorded deed.

Minor subdivision - any division of one parcel of land into five or less lots within a period of one year of approval in which all lots have adequate public street frontage and no new streets or changes in existing public streets are required.

Mobile home park - a residential development on a parcel of land in one ownership providing rental spaces for three or more mobile homes on a long term basis.

Open space - undeveloped land suitable for passive recreation or conservation uses.

Performance guarantee - any security which may be accepted in lieu of the requirements that certain improvements be made before the planning and zoning board or the governing body approves a plat, including performance bonds, acceptable financial statements, escrow agreements and other similar collateral or surety agreements.

Planning and Zoning Board - the board established in these codes under article VI, Citizen Boards.

Preliminary plat - the preliminary map indicating the proposed layout of the subdivision which is submitted for the planning and zoning board's consideration and tentative approval based on meeting the requirements of this regulation.

Private subdivision - a platted, recorded subdivision in which all improvements are privately maintained.

Public improvements - physical changes made to raw land in order to supply the infrastructure needed to serve the projected population and dedicated to the City.

Regionally significant road - a road that is part of the roadway evacuation system as set forth in the Apalachee regional planning council hurricane evacuation plan.

Resubdivide - a change in the map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it effects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Right-of-way - a strip of land occupied or intended to be occupied by a street, road, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for any other special use. The use of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for uses that will require maintenance by a public agency shall be dedicated to the public use.

Road - any avenue, street, boulevard, lane, parkway, place, viaduct or other way which is an existing State, County or City roadway, or a way or a road shown on a plat heretofore approved, pursuant to law or approved by official action; or a road or way shown on a plat duly recorded by the City.

Sewer, on-site - a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the treatment of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the health and sanitation officials having jurisdiction.

Sewer system, central - a public or private sewage system designed to serve more than two structures or dwelling units, including collection and advanced treatment facilities. This system must be approved by the Gadsden County Environmental Health Unit.

Subdivision - the platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, or any other division of land; and includes establishment of new streets and alleys, additions and resubdivisions. This includes all lands proposed to be subdivided for residential, commercial or industrial use with lots of ten acres or less. Subdivisions with lots greater than ten acres shall be exempt from these provisions.

Surveyor - a Florida registered land surveyor.

Utility - manmade systems that supply the basic necessities for habitation. This includes, but it not limited to, water systems, sewer systems and power supply.

Water system, central - a public or private water system created to serve more than two structures or dwelling units. This system must be approved by the Gadsden County environmental health unit.

Wetlands - lands where the soil or substrate are at lead periodically saturated or covered by water.

3.02.01.

Generally. Whenever any subdivision of land is proposed, the prospective subdivider shall apply for and secure approval in accordance with the procedures established herein. The approval provisions of this ordinance shall be administered by the governing body after referral by the Midway planning and zoning board. This approval shall be obtained and required improvements guaranteed as outlined in Sections 3.02.06 and 3.05.01 of these regulations before:

a.

Any permit shall be issued or authorized by a representative of the governing body;

b.

Any road, alley, easement or public right-of-way will be accepted and maintained by Midway;

c.

Any road or gas, sewer or water line is extended.

3.02.02.

Certificate of occupancy. Before a certificate of occupancy is issued for a building the subdivision must have been recorded and the improvements necessary to serve the structure must be in place.

3.02.03.

Classification of subdivisions. The procedures to apply for and secure approval for development includes two steps for a minor subdivision and three steps for all other subdivisions. These steps are:

a.

Minor subdivision:

1.

Conceptual review.

2.

Final subdivision plat.

b.

All other subdivisions:

1.

Conceptual review.

2.

Preliminary plat.

3.

Final subdivision plat.

3.02.04.

Conceptual review. Request for conceptual approval: prior to the preparation of a plat of a subdivision, the subdivider shall apply for and obtain conceptual approval of the proposed subdivision. To start this process the subdivider must:

a.

Obtain, complete and submit a development permit application to the City of Midway along with a required fee.

b.

Attend the planning and zoning board meeting at which the development is reviewed.

c.

Attend the governing body meeting at which the development is reviewed.

The application is reviewed by the planning and zoning board at their regular monthly meeting. The planning and zoning board considers the effect of the proposed subdivision on the existing and anticipated land use patterns, traffic circulation, road capacity, environment, community services and facilities. Based on this examination the planning and zoning board makes a recommendation to the governing body to approve, approve with conditions or deny the proposed development. The attachment of reasonable conditions to the subdivision of land is an exercise of valid police powers delegated by the state to this City. When any proposed subdivision receives conceptual approval from the governing body, it is first given a plat number. When a proposed minor subdivision receives conceptual approval from the governing body the next requirement is the submission of a final plat and supplementary material as outlined in section 3.02.08, final plat procedure, of these regulations. When any other subdivision receives conceptual approval from the governing body, the next requirement is the submission of a preliminary plat as outlined in Section 3.02.06, preliminary plat procedure, of these regulations.

3.02.05.

Information required for conceptual review. An applicant for conceptual review must provide the City with the information listed below. Note that the drawings and sketches may be submitted to meet requirements for maps and diagrams. Such drawings or sketches need not be exactly to scale but must represent to the fullest extent possible the relative size and location of the required elements below.

1.

Names and address of project owners.

2.

A map depicting the general location of the subject parcel, showing streets abutting the subject parcel and showing nearest roadway intersections.

3.

The current zoning and land use designations on the subject parcel.

4.

The acreage of the subject parcel.

5.

The intended use of the subject parcel. If the intended use is residential, identify the number of dwelling units to be constructed and their approximate square footage. If the development is to be nonresidential development, identify the number of structures and their approximate square footage.

6.

A map showing the general locations of the following, where applicable:

a.

Dwelling units and/or nonresidential structures;

b.

Lot lines;

c.

Interior roads and ingress and egress points;

d.

Utilities, identifying each type of utility;

e.

Easements;

f.

On-site parking;

g.

Open space;

h.

Buffer zones;

i.

Recreation areas;

j.

Landscaped area;

k.

On-site signs;

l.

Railroad lines.

7.

A diagram or description of the number and type of signs to be place on site.

8.

A map depicting current land use and zoning designations for all parcels within four hundred (400) feet of the subject parcel.

9.

A map depicting the location of natural features on the subject parcel and within four hundred (400) feet of the subject parcel.

10.

A map depicting the location of existing facilities which serve the subject parcel. Existing facilities include, but are not limited to, roads, drainage systems, water lines, sewer lines, and electric lines.

3.02.06.

Preliminary plat procedure.

1.

Submission of preliminary plat. The developer shall, within six months after completion of conceptual review, submit a preliminary plat to the City. If more than six months elapse, the developer must re-submit the plat for conceptual review. This submittal shall include a written application requesting conditional approval at least 30 days prior to the regular meeting of the planning and zoning board, at which such request is to be considered. The preliminary plat should reflect the standards set forth in Sections 3.02.06 and 3.02.07.

2.

Preliminary plat fees. A fee, set by the governing body, shall be paid to the City by the subdivider at the time of filing of the preliminary plat. Such fee shall be used to defray the costs of filing said application, notifying interested parties, obtaining reviews by appropriate reviewing agencies and holding hearings on the preliminary plat.

3.

Review by planning and zoning board and other agencies. The preliminary plat may be approved by the planning and zoning board after review by the following:

a.

Gadsden County health department.

b.

City-designated engineer.

c.

City enforcement officer.

4.

Additional review may be required by other agencies due to the size of or other conditions peculiar to the proposed subdivision. All developments that fall into a classification requiring a development of regional impact (DRI) review or a determination of status concerning whether the DRI process is applicable, based on F.S. ch. 380, shall have this issue settled before preliminary plat review is done. The planning and zoning board may require that the developer provide additional supporting data as may be deemed necessary for preliminary subdivision plat review by the appropriate agencies.

5.

Responsibilities of the planning and zoning board. The planning and zoning board shall review the preliminary plat of a proposed subdivision to ensure that it reflects the conceptually approved design and the standards of this Code. The planning and zoning board may require revised or additional plats, data, drawings, or profiles of the proposed subdivision when necessary to complete their review. The planning and zoning board may also request further review and confirmation by the appropriate reviewing agencies and/or supplemental information provided by the developer. The planning and zoning board may attach reasonable conditions to ensure that there shall be no departure from the intent of these regulations.

After receiving recommendations from the appropriate reviewing agencies and after appropriate deliberation, the planning and zoning board shall pass on its recommendation for approval, disapproval or approval subject to certain modifications or conditions to the local governing body. If the recommendation is to approve, the planning and zoning board shall express its approval in writing and transmit a copy to the developer. If a preliminary plat is disapproved, reasons for such disapproval shall be stated in writing in the official records of the planning and zoning board and a copy of such reasons of disapproval shall be transmitted to the developer. If approved subject to modifications or conditions, the nature of the required modifications or conditions shall also be indicated in writing in the records of the planning and zoning board and a copy shall be transmitted to the developer or his agent. The recommendation of the planning and zoning board shall be forwarded to the governing body.

3.02.07.

Preliminary plat specifications. The planning and zoning board shall require the submission of a preliminary subdivision plat showing the applicable data and information set forth below after an applicant submits a request for and receives conceptual approval of a subdivision. Preliminary subdivision plats shall be drawn at a sufficient scale to clearly delineate the property to be subdivided and the following information or data shall be shown:

A.

On the plat map series:

1.

Name of the subdivision, names and addresses of the owners and/or subdivider and registered surveyor.

2.

Date, bearing base, north arrow, graphic scale and acreage of land to be subdivided.

3.

Boundary lines of the area to be subdivided.

4.

A map depicting the general location of the subject parcel, showing streets abutting the subject parcel, the names of those streets, and the nearest roadway intersection with street names, at a scale of not less than ½ inch equals one mile.

5.

Lot lines, lot numbers and block letters, total number of lots and size of each lot in acres.

6.

A map showing the general locations of the following, where applicable:

a.

Dwelling units and/or nonresidential structures;

b.

Lot lines;

c.

Interior roads and ingress and egress points;

d.

Utilities, identifying each type of utility;

e.

Easements;

f.

On-site parking areas;

g.

Open space;

h.

Buffer zones;

i.

Recreation areas;

j.

Landscaped areas;

k.

On-site signs; and

l.

Railroad lines.

7.

A diagram or description of the number and type of signs to be place on site.

8.

A map depicting current land use and zoning designations for all parcels within 400 feet of the subject parcel.

9.

A map depicting the location of natural features on the subject parcel and within 400 feet of the subject parcel. Natural features include ponds, lakes, reservoirs, streams, wetlands, floodplains, and conservation areas.

10.

A map depicting the location of existing facilities which serve the subject parcel. Existing facilities include, but are not limited to, roads, drainage systems, water lines, sewer lines, and electric lines.

11.

A map depicting contour lines at ten foot intervals, or smaller intervals if deemed necessary by the City.

12.

Location of City limit lines and county lines, if applicable.

13.

All interior excluded parcels shall be clearly indicated and labeled "not part of this development."

B.

Supplementary material.

1.

Whenever part of the tract is proposed to be subdivided and additional parts of the tract are intended to be subdivided in the future, a conceptual plan for the entire tract shall be submitted at the same time the preliminary subdivision plat for the first part of the tract is submitted.

2.

Copies of proposed deed restrictions, covenants or homeowners association by-laws, if any.

3.

In cases of resubdivision, a copy of the existing plat with proposed resubdivisions superimposed thereon.

4.

Soil profiles to a minimum depth of six feet using the USDA Soil Classification methodology. Profiles shall be performed on a minimum of 25 percent of the total lots and performed at equal distance throughout the proposed subdivision, to provide adequate information on the overall suitability of the subdivision for the use of onsite soil absorption systems. Soil analysis must be performed by a soil engineer or any person certified in soil analysis by the state of Florida.

5.

A metes and bounds description of the land to be developed, from which the starting point and boundaries can be determined.

3.02.08.

Final plat procedure.

1.

Submission of final plat. Within the time period specified in the preliminary development order under Article I, General Provisions, Administration and Enforcement, and after completion of or bonding of public improvements of all or part of the area as shown on the approved preliminary plat, the developer shall submit the original and three mylars of the final subdivision plat and required supplemental material to the City along with a written application requesting final plat approval. Such request shall be made at least 30 days prior to the regular meeting of the planning and zoning board at which such request is to be considered. The final subdivision plat shall conform substantially to the approved preliminary subdivision plat, and if desired by the developer it may constitute only that portion of the approved preliminary plat which he proposes to record at that time, provided that such portion conforms to the requirements of these regulations. The final subdivision plat shall reflect all conditions subject to the preliminary information required for final subdivision plats as set forth in Section 3.02.06.

2.

Final plat fees. A fee, set by the governing body, shall be paid to the City by the subdivider at the time of filing of the application for final plat approval. Such fee shall be used to defray the costs of filing said application, notifying interested parties, obtaining reviews by appropriate reviewing agencies and holding hearings on the final plat.

3.

Review by planning and zoning board and Other Agencies. The same review procedures as set forth for the preliminary plat in Section 3.02.06 of this Code shall apply to the review of the subdivision final plat.

4.

Responsibilities of the planning and zoning board. The planning and zoning board shall recommend approval, disapproval, or conditional approval of a final plat. All actions shall be appropriately recorded and copies thereof shall be transmitted to the developer. The recommendations of the planning and zoning board shall be forwarded to the City council for their action at their next regularly scheduled meeting.

5.

Action by the planning and zoning board. Action by the planning and zoning board shall take place within 120 days after the original submission of the final plat. Failure of the board to act within 120 days after the original submission of the final plat shall be deemed to constitute recommendation of approval and the final plat shall then be submitted to the City council for consideration; providing, however, the subdivider may waive this requirement and consent in writing to the extension of such a period. At its meeting the Board may recommend approval, disapproval, or approval subject to certain modifications and/or conditions. In the even a final plat receives a recommendation of disapproval, the grounds for such disapproval shall be noted in the minutes of the Board and a copy of such minutes provided to the subdivider. Upon a recommendation of approval of the final plat by the Board, the final plat shall then be forwarded to the governing body for their approval or disapproval. In no case shall the planning and zoning board disapprove a final plat of a subdivision which:

a.

Meets the requirements of a final plat as set forth in these regulations; and

b.

Conforms substantially to the approved concept and the preliminary plat approved prior to consideration of the relatively final plat; and

c.

Has all the required improvements satisfactorily installed or financially guaranteed by the developer.

6.

Approval provisions. The planning and zoning board shall not approve any subdivision plan and plat unless:

a.

It finds after full consideration of all pertinent data that the subdivision can be served adequately and economically with such normal public facilities and services as are suitable in the circumstances of the particular case; and

b.

The land included within the subdivision is suitable for the various purposes proposed in the request for subdivision approval.

7.

Final plat specifications and certifications. Plats made for recording shall conform to the specifications set forth in F.S. ch. 177 and any additional requirements provided in these regulations.

8.

Specifications. The final subdivision plat shall conform to the following specifications:

a.

The size of each sheet of the original drawing of a subdivision plat shall be 36 inches long and 24 inches wide, and should be drawn or printed with a marginal line, completely around each sheet and placed so as to leave at least½ inch margin on each of three sides and a three-inch margin on the left side of the plat for binding purposes.

9.

Certifications. In addition, the following certifications shall be required:

a.

Certification by the designated administrative official that the developer has complied with one of the following alternatives.

(1)

All improvements have been installed in accordance with the regulations for land subdivision, other provisions of this ordinance and with the recommendations of the planning and zoning board, and/or the governing body, given conditional approval of the preliminary subdivision plat.

(2)

A surety bond or certified check has been posted with the City of Midway in sufficient amount to assure completion of all required improvements as specified in the conditional approval and Section 3.02.06.

[b.]

The following signed certificates shall appear on the final plat which is submitted to the planning and zoning board by the developer:

Certificate of Land Surveyor

I hereby certify that this survey was made on the _____ day of ___________, ___, under my responsible direction and supervision and is a correct representation of the land surveyed and that the permanent reference monuments and permanent control points have been set and that the survey data and documentation comply with F.S. ch. 177 and with all applicable City of Midway Subdivision Regulations and/or Ordinances.

Registered Land Surveyor ___________

Number: _____

Plat Number: _____

Date of Signature: ________

Certification of Approval and Recommendation by the City of Midway
Planning and Zoning Board

This plat conforms to the preliminary plat approval provisions made by the City of Midway planning and zoning board on the _____ day of ________, ___, and to the provisions of the subdivision regulations for the City of Midway, Florida, and is hereby recommended for submission to the Midway City Council for approval.

Plat Number: _____

Chairman: ___________

City-designated Engineer: ___________

County Health Officer: ___________

Certificate of Approval by the Midway City Council

This preliminary plat number _____ was approved by the Midway City Council this _____ of ________, ___.

Mayor: ___________

City Attorney: ___________

Certificate of Clerk

Accepted for files and recorded this _____ of ________, ___, in Plat Book _____, Page _____ of the Public Records of Midway, Florida, and Plat Book _____, Page _____ of the Public Records of Gadsden County, Florida.

10.

Title certificate. Every plat of a subdivision submitted for approval to the planning and zoning board and governing body must be accompanied by a title opinion of an attorney at law licensed in Florida or the certification by an abstractor or a title company showing that the apparent record title to the land as described and shown on the plat is in the name of the person, persons or corporation executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has apparent record title to the land. The title opinion or certification shall also show all mortgages and other recorded liens of record which have not been satisfied or released of record. If the title opinion of the attorney at law states that it is based upon an abstract or the examination thereof, then such title opinion shall also affirmatively show the following information to wit:

a.

That the abstract covers at least the 30-year period of time immediately preceding the date the plat is submitted for approval.

b.

The name of the abstractor or abstract company preparing and certifying the abstract.

c.

The number or other identifying designation of the abstract.

The title opinion of the attorney at law shall be recorded in or attached to and shall become a part of the minutes of the meeting of the governing body at which final approval of the plat is given.

11.

Dedication and approval. Every plat of a subdivision filed for record 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 manner in which deeds are required to be executed. When a tract or parcel of land has been subdivided and a plat thereof bearing the dedication executed by the developers and mortgagees having a record interest in the lands subdivided and the approval of the planning and zoning board and the governing body has been secured and recorded in compliance with these regulations, all streets, alleys, easements, rights-of-way and public areas shown on such plat, unless otherwise stated, shall be deemed to have been dedicated to the public for the uses and purposes thereon stated. However, nothing herein shall be construed as creating an obligation upon the governing body to perform any act of construction or maintenance within such dedicated areas except then the obligation is voluntarily assumed by the governing body. Dedication on the final plat shall be in a format substantially as follows:

"Know all persons by these presents that (name of all owners of fee simple interests in lands dedicated), the owner in fee simple of the lands shown hereon, joined by (insert names of all mortgagees, lienors and all other persons and parties having an interest of record in lands to be dedicated), a party having a recorded interest or lien of record in the lands shown hereon, and which lands are more particularly described as follows: (insert complete legal description) have caused said lands to be divided and subdivided as shown herein and do hereby dedicate to the perpetual use of the public all roads, streets, alleys and other rights-of-way, and all parks and recreation areas and incident thereto as shown and depicted thereon, reserving however, the reversion or reversions thereof should the same be renounced, disclaimed, abandoned or the use thereof discontinued as prescribed by law, by official action of the officials having charge or jurisdiction thereof, this _____ of ________, ___." (also an acknowledgment of dedication).

All plats for recording of private subdivision shall contain the following:

"Know all persons by these presents that (name of all owners of fee simple interest in lands recorded) the owner in fee simple of the lands shown hereon, joined by (insert names of all mortgagees, lienors and all other persons and parties having an interest of record in lands to be recorded), a party having a recorded interest or lien in the lands shown hereon, and which lands are more particularly described as follows: (insert complete legal description) having caused said lands to be divided and subdivided as shown hereon and any road or roads abutting the property described herein are not owned or maintained by the City of Midway. Should the road or roads ever be maintained or paved by the City of Midway, it will be done so at the expense of the property owners within the private subdivision and such road or roads shall meet the criteria for roads in subdivisions as shown in Figure 1 of these regulations, but all property owners within the said subdivision shall retain the right to ingress and egress over and across said roads and purposes intended for easements, as denoted on this plat.

12.

Action by the Midway City council. If the final plat meets all the requirements of these regulations and complies with the approved preliminary plat, the governing body shall approve the final plat and indicate its approval on each copy by signature of the Mayor. If the final plat is disapproved by the governing body, the reasons for disapproval shall be stated in writing. A copy of such reasons shall be sent to the City council and to the subdivider. The subdivider may make the necessary changes and resubmit the final plat to the governing body.

13.

Recording of final plat. All approved final subdivision plats shall be recorded at the expense of the developer in the office of the county clerk of court. Private covenants or deed restrictions relative to the subdivision shall be recorded with the final plat. The final plat shall be recorded within six months of its approval by the governing body or such approval shall be null and void. The subdivision of a parcel into lots greater than 10 acres shall be exempt from this review process but shall be required to be recorded at the expense of the developer in the office of the city clerk.

3.03.01.

Generally. All improvements and construction activities required under the City of Midway Subdivision Regulations shall take place according to plans approved by the City designated engineer responsible for the project.

1.

An engineering firm or professional engineer, licensed to practice in the state of Florida, provided by the developer, must supervise and control all work done including all location and control staking, clearing, grading, stabilizing, placing of bases, surfacing and drainage.

2.

The developer shall have available, when necessary, qualified engineering personnel for the purpose of setting all line and grade stakes when required by the contractor or inspector and for verification of points by the City-designated engineer.

3.

Responsibility for conformance. It shall be the responsibility of the professional engineer, registered to practice in the state of Florida, who is retained by the developer of the property to be subdivided or improved, to prepare plans for the construction of streets or roads including drainage and all incidental items in conformity with these regulations.

4.

At completion of all work covered by the approved plans, the firm or engineer must certify in writing to the governing body that all work was done in compliance with approved plans and these regulations.

5.

Plans. As a pre-condition for construction of any streets or roads to be accepted by the City of Midway, the subdivider or owner shall deliver to the City, the City-designated engineer and the Gadsden County Health Department, two copies of complete plans and specifications, as applicable. These plans must show design features and typical sections of swales and other channels, storm sewers, drainage structures, roads and curbs and other proposed subdivision construction. Profiles will show high mean water table if within three 93) feet or nearer to the surface of the original ground. These plans shall include existing structures and be clearly identified as to hydraulic capabilities. The plan shall meet regulations and relevant sections of the standards prescribed by DOT "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways," as amended.

6.

Responsibility for accuracy of working drawings. The approval by the City-designated engineer of the developed working drawings does not release the developer from any responsibility for conformity with the stipulated regulations.

7.

When the subdivider does not intend to develop the plat himself, and the governing body determines that additional use controls are required to insure safe development, it may require the subdivider to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on the face of the final recorded plat.

8.

If the governing body determines that only part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceeds consistent with this determination.

3.03.02.

Administrative procedures. The administrative procedures for the installation of subdivision improvements required herein shall be as follows:

1.

When construction may begin. Construction and installation of any required public improvements as described herein shall not begin until the Midway City Council has given preliminary approval of the new subdivision. The subdivider shall then confer with the City-designated engineer and the City for approval of commencement of the construction and installation of the required improvements.

2.

Inspections and approval by governing body. In order to facilitate inspection of required improvements during construction, the applicants shall notify the City-designated engineer and the City at least two working days before proceeding beyond each of the following stages of construction:

a.

Clearing and grubbing.

b.

Rough grading completed.

c.

When excavations are ready for placing foundation and the pipe trenches are shaped and prepared for laying pipe.

d.

Once the drainage and other facilities are installed, but before back-filling occurs.

e.

Upon completion of subgrade compaction.

f.

Upon completion of base course compacting.

g.

When placing surface pavements.

h.

Installation of sewer lines and treatment plants.

After completion of all the construction and installation of the required public improvements, the City-designated engineer shall make the final inspection. If the said work has met the specifications as described herein, as determined by the City-designated engineer, the engineer shall notify the subdivider and the governing body in writing of the approval or disapproval of said work. Further, after acceptance by the governing body the developer shall maintain all completed work for a period of 180 days.

3.

"As built" drawings. At such time as the applicant has completed construction of all required improvements, he shall furnish to the City-designated engineer "as-built" plans and profiles prepared by a licensed land surveyor or engineer on material designated by the City, 24 by 36 inches in size, or, if areas to be shown do not fit on a sheet of that size, two or more drawings shall be submitted, with suitable match lines, which drawings shall show the actual location of all streets, culverts, headwalls, drains, manholes, catch basins, sidewalks, curbs and the location of utilities and all other pertinent information such as culvert and drain grades, sewer grades, sidewalk and curb grades and elevations of any that do not conform to those shown on the plans and profiles previously approved by the governing body. The governing body shall have the right to disapprove the release of the bond until such deficiency has been corrected. In any case, no bond shall be released by the governing body until such plans have been submitted.

4.

Maintenance of completed work. The subdivider shall maintain his completed work under official acceptance by the governing body.

a.

If the subdivider originally posted a performance bond covering the cost of construction, it shall be reduced to ten percent of the original bond and shall be held as a maintenance bond.

b.

If the subdivider constructed and installed all required public improvements prior to the final approval, then he shall post a maintenance bond equaling ten percent of the construction costs and shall sign a bond agreement with the governing body. At the end of the maintenance period, the City-designated engineer shall make a final inspection and notify the subdivider and the bonding company, or in cases where funds are being held in escrow, the costs of making such corrections shall be deducted from these funds, and the subdivider or developer charged with any costs above the amount of escrow funds. If the work is acceptable at this time, the remaining ten percent of the escrow funds shall be released to the subdivider.

3.03.03.

General Designs.

1.

[Blocks.] Block, block length, width and shapes shall be determined with due regard to the provision of the adequate building sites, suitable to the special needs of the type of use contemplated, zoning requirements as to lot sizes and dimensions, needs for convenient access, circulation, control and safety of road traffic, and limitations and opportunities to topography.

2.

Lots. Lot sizes shall conform to the standards set forth in the Midway comprehensive plan and in Article II, Zoning Code. Lots shall front on a road dedicated to public use, or on a private road. The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites properly related to topography and the character of the surrounding development. Depth and width of properties reserved or laid out for commercial and industrial uses shall be adequate to provide for off-street service and parking facilities required by the type of use and development contemplated.

3.

Access. The subdividing of the land shall be such as to provide each lot with a satisfactory access to an existing public road. Double frontage or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages or orientation.

4.

Side lot lines. Side lot lines shall be substantially at right angles or radii to street lines, except when a variation to this rule will provide a better road and lot layout.

5.

Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, canal, stream or channel, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width of construction or both, as will be adequate for the purpose.

3.03.04.

Roads.

1.

Roads. The arrangement, extent, width and location of all roads shall conform with the comprehensive plan and the specifications of the Gadsden County road and bridge department, and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed use of land to be served by such roads. Where such is not shown in the general comprehensive plan, the arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing principal streets in surrounding areas or conform to a plan for the neighborhood approved or adopted by the governing body to meet a particular situation where topographical or other conditions make continuance or conformance to existing roads impractical.

2.

[Circuitous movement.] Local roads shall be so laid out as to provide circuitous movement through the subdivision to discourage through traffic.

3.

[Access road.] Where subdivisions abut an arterial road or regional significant road or contain an existing or proposed arterial street or regionally significant road, the planning and zoning board may require an access road.

4.

T-Intersections. The centerlines of two or more roads on opposite sides of a third road shall intersect or not be less than 125 feet of each other.

5.

Right-of-way width. Local and collector roads, secondary and major arterials, and cul-de-sacs shall meet the right-of-way width requirement shown in Figure 1.

6.

Cul-de-sacs. Cul-de-sac roads, designed to be so permanently, shall not be longer than 1,500 feet and not exceed 20 lots and shall be provided at the closed end with a turnaround having a 50 foot radius.

7.

Names. No road name will be used that will duplicate or be confused with the name of an existing road; however, roads that are extensions of existing roads must retain the same name. Road names shall be subject to approval of the governing body.

8.

Road name signs. Durable road name signs, approved by designated administrative personnel, shall be installed at all road intersections by the developer on permanent posts.

9.

Reserved strips prohibited. Reserved strips at the terminus of a new road shall be prohibited.

3.03.05.

Road material.

1.

Materials. All materials and procedures shall meet current Florida DOT "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways," and DOT Standard Specifications.

2.

It will be the responsibility of the developer or his professional engineer to authorize a commercial laboratory to make the following tests during the construction period and furnish the City-designated engineer with a copy of each test made:

a.

Surface course material and density.

b.

Base material and density.

c.

Subgrade bearing value.

d.

Subgrade density.

e.

Stabilized roadway bearing value.

f.

Stabilized roadway density.

g.

Stabilized roadway thickness.

h.

Concrete strength, 28 days.

i.

Embankment density.

j.

Any additional tests required by the City-designated engineer.

All test determinations and frequencies shall meet the applicable portions of the Florida DOT Standards. It is the developer's responsibility to notify the City-designated engineer 48 hours before any of the above-noted phases of construction are ready to proceed. The developer shall pay the costs of all tests.

3.03.06.

Road construction.

1.

Construction. All roads shall meet the minimum typical section as shown in Figure 1 of these regulations. All improvements and construction activities required under the Midway Subdivision Regulations shall take place according to plans approved by the City-designated engineer, and shall be constructed in accordance with the applicable portions of the current DOT Standard Specifications for road and bridge construction.

2.

Each stage of road construction such as clearing, grading, stabilization, base, surface and drainage facilities, and any other item as deemed by the City-designated engineer, shall receive inspection and approval from the developer engineer with appropriate records to verify all such inspection and approval. All field notes must be made available to the City-designated engineer at any time prior to acceptance.

3.

Right-of-way. All rights-of-way must meet the minimum width requirements as shown on the minimum typical section for Midway, Figure 1.

4.

All rights-of-way must be completely cleared and grubbed to the construction limits and the remaining area to be selectively cleared and grubbed to the right-of-way limits.

5.

Clearing and grubbing shall include the removal and disposal of all trees, stumps, roots and other such protruding objects necessary to prepare the area for the proposed construction to be a depth of at least one foot below the ground surface.

6.

Selective clearing and grubbing shall be the removing and disposing of all undesirable vegetation, obstructions, etc., as provided above except that roots and small growth under three inches in diameter may be cut flush with the ground surface. Stumps shall be completely removed. Desirable trees shall be trimmed, protected and left standing, as so designated by the City-designated engineer and the City.

7.

Excavation and Embankment. Embankments shall consist of material either from excavation or other sources that will only incorporate that which is suitable for construction of roadway embankment. Muck or other unsuitable material shall not be used for embankment. It shall be the responsibility of the developer to make such examinations and tests as deemed necessary as directed by the City-designated engineer to insure that all material incorporated into embankment areas to be satisfactory. In all excavated areas where unsuitable material is in its original position when the finished subgrade template is reached, such unsuitable material shall be excavated to a depth of one and one half feet below the template grade and backfilled with suitable material or as directed by the engineer.

8.

Stabilized subgrade in the designated portion of the roadbed as shown on the approved plans, shall provide a firm and unyielding subgrade, to provide a minimum bearing value of 40 LBR. Density and stability tests shall be made at appropriate intervals not to exceed 300 feet. At least three such tests shall be made for each area being compacted. The material shall be compacted to an average density of at least 98 percent with 96 percent of maximum density as determined by the AASHTO method, T-180, or other approved methods.

9.

Roadway base shall be constructed of sand-clay, sand asphalt hot mix, soil cement, limerock or shell stabilized base or other material as approved by the City-designated engineer. Materials shall conform with the requirements specified in applicable DOT specifications. Before any base course material is used, it shall meet the requirements specified in the approved plans and first have been tested and approved by the developer's engineer. Thickness and compaction of the base shall be measured at intervals of no more than 300 feet, staggered to the left, right and on the centerline, or as deemed necessary by the City-designated engineer.

10.

Surface course shall be an asphaltic-concrete surface, with a minimum thickness of one and one-half inches or equivalent as approved by the City-designated engineer and must meet DOT Standard Specifications.

11.

All asphaltic-concrete surfaces shall be of a design mix approved by the DOT.

12.

The developer's engineer shall determine acceptability of materials and construction in accordance with the applicable sections of the DOT Standard Specifications and will be responsible for determining the acceptability of the construction and materials incorporated therein through DOT acceptance procedures.

13.

The developer's engineer shall submit to the City-designated engineer appropriate records to verify that all materials and construction have met the criterion set forth for quality assurance for hot bituminous mixtures under DOT Standard Specifications.

14.

All testing of the surface course shall be the responsibility of the developer's engineer or authorized representatives. The developer shall pay for all costs.

3.03.07.

Stormwater management.

1.

Stormwater management facilities. A complete system shall be provided for draining the roads, streets, alleys and other publicly owned areas in the subdivision and for handling drainage runoff from the platted areas that come into or across the subdivision from the outside and confine it to areas designated and prepared for this purpose. The governing body may require a primary underground system to accommodate frequent floods and a secondary surface system to accommodate less frequent floods. Drainage plans shall be consistent with local, state, and regional drainage regulations and in accordance with Article VIII of these regulations.

2.

The drainage system shall be designed for long life, low maintenance cost, and ease of maintenance by normal maintenance methods. Drainage wells or french drains are not acceptable as a means of final disposal of runoff waters. Easements, when required for drainage of the area to be subdivided, shall be a minimum of 30 feet wide and of such width as necessary for the construction and maintenance of the drainage facilities based on the drainage system of the area. No development or subdivision shall block, obstruct or change the ingress and egress to an abutting property. Existing drainage shall be maintained or replaced to pre-construction conditions if temporary alteration is necessary.

3.

No subdivision or part thereof shall be approved if proposed subdivision lines, fills, structures or other features will individually or collectively significantly affect flood flows, heights, damages or change water flow direction.

4.

Building sites shall not be permitted in floodway areas unless the sites are elevated or filled to a height at least one foot above the elevation of the regulatory flood or it other provisions are made for elevating or adapting structures to achieve the same result. Required fill areas must exceed ten feet beyond the limits of the intended building and, if the subdivision is not to have a central sewer system, must include areas for onsite waste disposal.

5.

Road drainage. The finished elevation of proposed streets shall be no more than two feet below the regulatory flood protection elevation. The planning and zoning board may require, when necessary, profiles and elevations of streets to determine compliance with this requirement. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.

3.03.08.

Drainage plans.

1.

A drainage map of the basin within which the subdivision lies shall be submitted to the City and the City-designated engineer. This map may be combined with a topographic map, but in any event must include suitable topographic data acceptable by the City-designated engineer. All ridges outlining the basin, and the size of the basin in acres must be shown. The outline and size in acres of all existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. Flow paths shall be indicated throughout, including final outfalls from the subdivision or land improvements and basins.

2.

Drainage plans showing sufficient documentation to demonstrate the capacity of the drainage system to collect, control and dispose of stormwater runoff according to the recurrence frequencies listed below, shall be submitted to the City-designated engineer. Rainfall data should be obtained from the Florida DOT.

3.03.09.

Drainage structure construction.

1.

Roadside swales must conform to approved minimum typical section, as shown in Figure 1.

2.

Roadside swales must be designed to handle runoff adequately without flooding shoulders of road or abutting property.

3.

All roadside swales on both sides of all roadways shall be mulched and seeded or sodded with an approved type of grass from the edge of the pavement outward to the top of the swale slope on the outside, all to be finished after completion of the finished grading as approved by the City-designated engineer.

4.

If deep ditches are located in or alongside roadways, they shall be of sufficient distance from the travelway portion of the road in order to maintain a natural and gradual side slope and an adequate width for shoulders for the travelway. Shoulder width is as shown in Figure 1.

5.

Where erosion can reasonably be expected, stabilization must be done with sand bags, rip rap or other approved methods. Flow velocities are not to exceed two feet per second and where higher velocities are anticipated, ditch pavement, velocity blocks or other adequate, permanent protection against erosion shall be provided.

6.

All ditches at the intersection of deeper drainage ditches shall have a culvert pipe, concrete swale, riprap or headwall, as approved by the City-designated engineer, to prevent erosion.

7.

Minimum ditch grade is .003 per foot (0.3 foot per 100 feet).

3.03.10.

Drainage basins.

1.

Workmanship. All work must conform to good workmanlike procedures, comply with all parts of the specifications and all debris completely removed.

2.

Excavation. All drainage areas must be properly and completely excavated and/or filled to provide the volumes and elevations calculated to be needed.

3.

A minimum berm width of ten feet from the fence or the edge of the water retention area to the edge of the excavation and with a ten foot radius at all corners must be left to provide access for maintenance.

4.

Berms and slopes must be mulched and seeded or sodded to prevent excessive erosion and sedimentation.

5.

Water entrance. Water under pressure must not be allowed to enter the basin by natural overground flow and must enter at points provided for on the approved plans. Collected water must enter the basin by culverts of proper size or by paved ditches to prevent erosion. These structures must extend from the final ditch bottom to the bottom of the basin and terminate on a paved or rip rap splash pad to prevent erosion.

3.03.11.

Culverts.

1.

All culverts placed under roadways shall be concrete pipe, concrete box structure or bituminous coated metal pipe, meeting Florida DOT standard specifications, or as approved by the City-designated engineer.

2.

All culverts placed outside the roadway are to be of size and material meeting Florida DOT Standard Specifications and as approved by the City-designated engineer.

a.

Culverts and storm drains: Minimum diameter 18" or equivalent end area.

b.

Driveway culverts: Minimum diameter 15" or equivalent end area.

3.

Manholes, inlets, curbs and gutters shall be constructed so as to conform to the standard shown in the Florida DOT "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways," and DOT Standard Specifications.

3.03.12.

Sanitary sewer facilities.

1.

The planning and zoning board shall prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or near the proposed subdivision, the planning and zoning board may require the subdivider to provide sewage facilities to connect to this system where practical, and shall prescribe the procedures to be followed by the subdivider in connecting to the system.

2.

The planning and zoning board may prohibit installation of sewerage disposal facilities requiring soil absorption systems where such systems will not function properly due to high ground water, flooding, unsuitable soil characteristics, or that may endanger important water bodies such as, but not limited to, the Ocklochnee River or Lake Talquin. The planning and zoning board may require that the subdivider note on the face of the plat and on any deed or conveyance that soil absorption fields are prohibited in designated areas.

3.

Sewer. All subdivision sewer lines and treatment plants or treatment facilities shall have the approval of the Gadsden County health department, City-designated engineer, and Department of Environmental Regulation [now department of environmental protection] when applicable. Subdivisions developed in the vicinity of operating sewer systems or districts shall tie into the system if it is adequate to handle the additional sewage and provide collection lines to the property lines of each lot. For subdivisions without access to operating sewer systems, the following requirements shall prevail.

For subdivisions with any number of lots, onsite sewage installation may be used if not restricted by environmental constraints. The developer shall be responsible for obtaining a written determination from the Health and Rehabilitative Services [now department of health] District II Office as to the type of sewage disposal system required to serve the proposed development. When the seasonally high water table elevation is found to be 24 inches of the ground surface in a proposed development, individual sewer systems will be prohibited and central systems with aeration and chlorination will be required. When it can be shown that a portion of the proposed subdivision meets acceptable standards for the installation of onsite sewage disposal systems, it shall be the responsibility of the developer to provide pertinent data to the planning and zoning board. The installation of onsite sewer systems shall be in accordance with Florida law. Such lots shall not be resubdivided until collector lines and community treatment facilities are installed. Subdivisions not meeting the standards specified shall install a collector system and an approved sewage treatment capable of tying in with the operating central system when such a system becomes available. It should be noted that any sewage facility having under a 5,000 gallons/day is regulated by the Florida Department of Environmental Regulation [now department of environmental protection].

4.

Individual residential sewage facilities shall have a minimum setback of 100 feet from any body of water including lakes, rivers, streams and creeks.

3.03.13.

Water facilities.

1.

Water facilities. All water systems, including individual wells located in flood prone areas whether public or private shall be flood proofed to a point at or above the flood protection elevation. If there is an existing public water supply system on or near the subdivision, the planning and zoning board shall require the developer to connect to the system.

3.03.14.

Erosion and sediment control.

1.

Erosion and sediment control measures. The planning and zoning board shall require the subdivider to utilize grading techniques, subdivision design, landscaping, sedimentation basins, special vegetative cover, and other measures to reduce erosion and sediment.

2.

Prevention, control and abatement of erosion and water pollution. The installation of temporary control features shall be coordinated with the construction of permanent erosion control features to the extent necessary to assure effective and continuous control of erosion and water pollution where work is accomplished so as to prevent detrimental effects on public or private property.

3.

Incorporation of erosion control features. Permanent erosion control features shall be incorporated at the earliest practical time. Use of temporary erosion control features shall be used to correct conditions that develop during construction which were not foreseen at the time of design, to control erosion prior to the time it is practical to construct permanent control features, or to provide immediate temporary control of erosion that develops.

4.

Scheduling of successive operations. Operations shall be scheduled such that the area of unprotected erodent earth exposed at any one time is not larger than the minimum area necessary for efficient operations and the duration of exposed, uncompleted construction to the elements shall be as short as practicable.

3.03.15.

Public dedications.

1.

A subdivider of a parcel of land shall dedicate a minimum of ten percent of the gross area of the subdivision as native, undisturbed vegetation, which may be used for conservation or passive recreational purposes. An additional ten percent of the gross area of the subdivision site shall be dedicated as green space, including grass, trees, shrubs, and groundcover, which may be used for passive or active recreational purposes.

In those instances where the proposed subdivision has an area of 20 acres or more and includes or is abutting navigable streams or lakes of fifteen acres or more, the dedicated green space area must be usable land area and shall abut the above-mentioned stream or lake in such a manner as to provide access from a public right-of-way to the water body in question. The final location of such dedicated public recreation area shall be approved by the planning and zoning board.

2.

When a proposed park, school site or other major public facility is located in whole or in part within the proposed subdivision, that portion of the plat encompassing the planned public site may have approval withheld for a reasonable time (not to exceed one year) to provide for the appropriate public agency to acquire the site.

3.03.16.

Utilities.

1.

Minimum standards. Installation of public utilities shall conform to accepted professional standards and be approved by the City-designated engineer.

2.

Underground utilities. When considered appropriate to the subdivision design, the subdivider is encouraged to place all utilities underground. To the fullest extent possible, the placement of underground utilities shall be within the 50-foot right-of-way, as approved by the growth management director.

3.04.01.

Generally. The general requirements for a private subdivision shall be the same as found in Section 3.03.00 of these regulations with the following exceptions:

1.

An acceptable legal entity with adequate authority and financial ability to provide the maintenance of the commonly owned subdivision improvements in perpetuity must be provided. There must be a statement on any purchase agreement or conveyance of property within the private subdivision specifying the identity of that legal entity. The purchase agreement must prominently display the following statement:

"IMPORTANT NOTICE. The roads and other infrastructure contained within this subdivision are not owned or maintained by the City of Midway or Gadsden County. Should the roads or infrastructure ever be maintained by the City of Midway or Gadsden County, it will be done so at the expense of the property owners within the private subdivision."

3.04.02.

Administrative procedures. The administrative procedures relating to the development of a private subdivision shall be the same as found in Section 3.03.02 of these regulations with the exception of section 3.03.02(4).

3.04.03.

General design standards. The general design standards for a private subdivision shall be the same as found in sections 3.03.04 through 3.03.06 of these regulations.

3.04.04.

Roads.

1.

The road standards for a private subdivision shall be the same as found in sections 3.03.04 through 3.03.06 of these regulations.

2.

In addition, the developer shall post and maintain a sign at each entrance to the private subdivision stating that the road is not maintained by the City of Midway or Gadsden County. These signs shall be of the type and dimension as required under chapter 32 of the Code of Ordinances.

3.04.05.

Drainage. The drainage standards for a private subdivision shall be the same as found in sections 3.03.07 through 3.03.11 of these regulations.

3.04.06.

Sanitary sewer facilities. The sanitary sewer facilities for a private subdivision shall be the same as found in section 3.03.12 of these regulations.

3.04.07.

Water facilities. The water facility standards for a private subdivision shall be the same as found in Section 3.03.13 of these regulations.

3.04.08.

Erosion and sediment control. The erosion and sediment control standards for a private subdivision shall be the same as found in Section 3.03.14 of these regulations.

3.04.09.

Dedications. The dedications standards for a private subdivision shall be the same as found in Section 3.03.15 of these regulations except that the undisturbed native vegetation area and green space area set aside shall be dedicated to the homeowners association.

3.04.10.

Utilities. The utility standards for a private subdivision shall be the same as found in Section 3.03.16 of these regulations.

3.05.01.

Guarantee required prior to granting of final plat. No final plat of any subdivision shall be granted approval by the City of Midway until the subdivider has satisfactorily guaranteed that the improvements required under this Ordinance shall be installed. such improvements shall be made within a specified period of time, not to exceed two years. said guarantee shall be made in one of the following ways:

1.

A surety bond executed by a company in Florida, payable to the City of Midway in sufficient amount to assure completion of improvements, as determined by the City-designated engineer.

2.

Cash deposit in an escrow account in sufficient amount to assure completion of improvements, as determined by the city-designated engineer and approved by the Midway City council.

3.

A construction loan agreement may be used, provided the subdivider and the qualifying lending institution enter into an agreement with the City whereby the subdivider is bound to complete the work, and the lender is bound to advance the funds as the work is completed, thereby providing for completion of the work in the event of the subdivider's default.

3.06.01.

Deeds of gift or inheritance. Any deed of gift or inheritance, for any parcel of land given without valuable consideration to any of the donor's immediate family shall be exempted from the provisions of this Ordinance requiring approval by the planning and zoning board and the governing body provided that such division is not to be accomplished through a recorded plat. The City shall be notified of such gifts or inheritances when a parcel will be divided into three or more lots. should these gifts or inheritance become an ipso facto factor minor subdivision through the sale of any of the lots, then the rules governing these developments shall apply.

3.07.01.

Action of owner. The owner of any land previously subdivided into lots may file an application for the purpose of showing such land as acreage or the redivision of said subdivision. The filing of such an application shall be according to the provisions of Section 3.02.00 of these regulations.

3.07.02.

Action of City council. The governing body may order the vacation and reversal to acreage of all or part of a subdivision within its jurisdiction, upon request of the landowner, as provided in F.S. ch. 177.

3.07.03.

Public hearing. As per the requirements of F.S. ch. 177, a public hearing shall be held on any proposal for vacation and reversion of land to acreage or resubdivision.

3.08.01.

Conflict with other instruments. In case of conflict between this ordinance, or any part thereof, and the whole or part of any existing or future ordinances of the City of Midway, or the whole or part of any existing or future private covenants or deeds, the most restrictive in each case shall apply.

3.08.02.

Validity. If any provision of this ordinance is held invalid or unconstitutional by any duly authorized court in the State of Florida, such a decision shall not affect the validity of any other provision of this ordinance.

3.08.03.

Changes or amendments. Any of the regulations or provisions of this ordinance may be changed or amended from time to time by the governing body by ordinances, provided, however, that such changes or amendments shall not become effective until after study and report by the planning and zoning board with the said report being made within 45 days from the date of referral. A public hearing shall be held on this section and all amendments. Public notice as to the time and place of hearing shall be given in a newspaper of general circulation in the County on at least two separate days. The first notice is to be at least 15 days prior to such hearing, and the second notice to be no later than five days prior to the date of such hearing.

3.09.01.

Final approval required. No plat or plan of a subdivision of land located within the jurisdiction of the City of Midway shall be admitted to the records of the City of Midway, or received or recorded by the city clerk, until such said plat or plan has received final approval as provided for in this ordinance.

3.09.02.

Penalties. Any persons violating any provisions of this ordinance shall be guilty of a misdemeanor of the second degree and shall, upon conviction thereof, be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days or both such fine and imprisonment. Each day such violation continues after written notice shall be deemed a separate offence.

When strict adherence to the provisions of these regulations would cause unnecessary hardship due to topographical or other conditions peculiar to the site, or strict adherence to these regulations is impossible or impractical. the planning and zoning board may recommend and the City council may authorize a variance. such variance shall apply only to the requirements directly affecting the particular hardship and shall not be detrimental to the intent of these regulations and will not have the effect of nullifying the intended purpose of the comprehensive plan. any request for a variance shall be submitted in writing for review by the planning and zoning board, and then transmitted with a recommendation to the City council. no application for variance after denial may be resubmitted until after one calendar year from the date of denial.