The provisions of this article shall constitute and be known as the "Subdivision Regulations of the City of Monticello, Florida."

(Ord. No. 90-13, § 11.01, 8-7-1990; Ord. No. 2001-06, § 2(11.01), 11-6-2001)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means a landowner, lessee, developer, contractor or other legal entity, including agents, employees, independent contractors or others in privity with any of the above, or any natural person, corporation, partnership, joint venture, governmental body, agency or official involved in the construction, development or sale of subdivisions or the lots therein.

Council means the city council of the City of Monticello, Florida.

Dwelling unit means a single room or unified combination of rooms, regardless of form of ownership, that is designed for residential use by one family. The definition shall include but not be limited to condominium units, individual apartments and individual houses.

Engineer of record means a professional engineer registered to practice in the state who performs the engineering functions required herein on behalf of the applicant.

100-year floodplain means any land which is subject to a one percent or greater chance of flooding in any given year whether or not such land is designated as a flood hazard area by the Federal Insurance Administration or the Federal Emergency Management Agency.

Plat means any plan, map, sketch, chart or other graphic representation of the subdivision of land.

Primary drainage system means a collection of watercourses, storm drains and culverts that are responsible for the main flow of stormwater runoff through the city. A watercourse, storm drain or culvert is in the primary drainage system if its 25-year return frequency flood flow is greater than 250 cubic feet per second.

Shade tree means any self-supporting woody plant of a species that is well shaped, well branched and has moderate to heavy density of shade. Shade trees are categorized as major or minor based on the following size characteristics:

(1)

Major: Has an overall mature height of at least 35 feet and normally develops and average mature crown spread of more than 30 feet in the Jefferson County area of Florida.

(2)

Minor: Has an overall mature height of at least 20 feet and normally develops an average mature crown spread of more than 20 feet in the Jefferson County area of Florida.

Subdivision means a division of any parcel of land for the purpose, whether immediate or future, of any transfer of ownership, right to possession or building development. Also, the establishment of a street and the replatting of existing plats.

Superintendent means the city superintendent for Monticello, Florida.

Surety device means evidence of security adequate to assure the installation and completion or maintenance of all required improvements for a subdivision. Acceptable surety devices include a cash deposit, a surety bond, an executed escrow agreement between the applicant and a bank or other financial institution, or any other financial assurance acceptable to the council guaranteeing installation or maintenance of all required improvements within a reasonable period of time.

(Ord. No. 90-13, § 11.10, 8-7-1990; Ord. No. 2001-06, § 2(11.10), 11-6-2001)

(a)

Issuance of permits and certificate of occupancy.

(1)

No building permit or permit to connect to a public street may be issued for construction within a subdivision unless the subdivision:

a.

Is exempt under section 54-594(b);

b.

Has been approved as a minor subdivision under section 54-595; or

c.

Has received preliminary plat approval under section 54-596, and construction plan approval under section 54-597.

(2)

No certificate of occupancy may be issued for a building within a subdivision of which recording is required prior to the recording of the plat. Further, no certificate of occupancy be issued within such subdivision until sufficient subdivision improvements have been completed as required by the approved construction plans necessary to serve the building for which the certificate of occupancy is sought.

(3)

All subdivision lots shall conform to this chapter.

(b)

Reference to plat.

(1)

It shall be unlawful to transfer, sell or agree to sell land by reference to, exhibition of or other use of a plat of a subdivision without having complied with this article unless such transfer, sale or agreement to sell pertains to the entire subdivision.

(2)

It shall be unlawful to negotiate to sell land by reference to, exhibit of or other use of a plat of a subdivision without having complied with this article, where such plat contains a combination of two or more of the following: lot dimensions, roads, lot and block designations, easements, subdivision name, common areas, or subdivision improvements, unless such negotiation is for the sale of the entire subdivision. The intent of this subsection is to prevent the use of plats which do not comply with this article in the sale of land by metes and bounds.

(Ord. No. 90-13, § 11.02, 8-7-1990; Ord. No. 2001-06, § 2(11.02), 11-6-2001)

(a)

Generally. This article shall be applicable to any subdivision of property in the city unless exempted by subsection (b) of this section.

(b)

Exemptions. The following subdivisions are exempt from the provisions of this article:

(1)

A division of land into parcels of not less than ten acres each where no new streets or easements of access are planned for dedication to the public.

(2)

A division by an order of a court of competent jurisdiction.

(3)

A subdivision of land located on an existing road, the right-of-way of which is owned by the public, within which subdivision not more than ten dwelling units can be constructed, and which contains no new streets or easements of access.

(4)

A division of land for purposes of conveyance, where such division was lawful under regulations in effect at the time such division was made, and where vested rights have been acquired by the applicant in reliance upon such regulations as set forth below:

a.

In the following cases a summary determination of exemption shall be made by the city upon a demonstration by the applicant that:

1.

The plat was in existence prior to the effective date of the ordinance from which this article is derived; and

2.

Either:

i.

All subdivision improvements necessary to serve each lot shown on the plat were constructed prior to the effective date of the ordinance from which this article is derived; or

ii.

Prior to such effective date, streets were in place on the land described in the plat, which are capable of being traversed by an ordinary passenger vehicle, and not less than 25 percent of the lots were sold pursuant to bona fide purchase to different owners in parcels of not more than four lots each.

An applicant aggrieved by a determination of the city may appeal such determination in writing to the council within 30 days of such determination.

b.

In the following cases, the determination of exemption shall be made by the council upon a demonstration by the applicant that:

1.

The plat was in existence prior to the effective date of the ordinance from which this article is derived; and

2.

Either:

i.

Substantial physical on-site development of the land described in the plat took place prior to such effective date; or

ii.

There is evidence of substantial good-faith reliance, by the developer, upon prior governmental regulations.

3.

A determination of exemption under these conditions can be made only when the city or council makes an express finding that granting the exemption will not substantially and adversely affect the public health, safety or welfare.

(5)

A resubdivision of a lot which is contained within a subdivision which has received preliminary plat approval, when the density proposed in the resubdivision was approved in the preliminary plat.

(6)

The city council may exempt portions of subdivisions which qualify for exemptions in accordance with subsection (b)(4) of this section.

(7)

An exemption shall not be permitted where the land to be subdivided has been previously exempted from this article.

(c)

Annexation. Subdivisions initially located in the unincorporated area of the county, and which are subsequently annexed into the corporate limits of the city, may proceed as provided in subsection (b)(4) of this section to the extent that rights are vested in accordance with the provisions of subsection (b)(4). The appropriate city staff or the city council may exempt portions of subdivisions which quality for exemptions in accordance with subsection (b)(4), if development is in accord with the requirements of previously existing subdivision regulations. Subdivisions, or portions of subdivisions, which are annexed and which are not vested as specified in subsection (b)(4), are required to comply with the provisions of this article.

(Ord. No. 90-13, § 11.03, 8-7-1990; Ord. No. 2001-06, § 2(11.03), 11-6-2001)

(a)

The following divisions of land, other than those for which plats are recorded or exempt in accordance with this article, are minor subdivisions:

(1)

A subdivision of land located on an existing road where the right-of-way is not owned by the public, within which subdivision not more than ten dwelling units can be constructed, and which subdivision contains no new streets or easements of access; or

(2)

The resubdivision of lots previously exempted, platted or described as a lot by a recorded deed, if:

a.

The resubdivided lots comply with all requirements in effect at the time of resubdivision; and

b.

The number of lots created will be equal to or less than the number of lots existing before resubdivision.

(b)

Review as a minor subdivision shall not be permitted where the land to be subdivided has previously been part of a minor subdivision or an exempt subdivision.

(c)

Applications for approval as a minor subdivision shall be filed with the city. The decision to approve, approve with conditions, or deny shall be made by the city within 15 days of receipt of a complete application.

(d)

The 100-year floodplain or a setback line above the 100-year floodplain shall be delineated on the plat.

(e)

Minor subdivisions shall be exempt from the requirements of sections 54-596, 54-597 and 54-598.

(f)

An applicant aggrieved by a determination of the city may appeal such determination in writing to the council within 30 days of such determination.

(Ord. No. 90-13, § 11.04, 8-7-1990; Ord. No. 2001-06, § 2(11.04), 11-6-2001)

(a)

[Approval.] A preliminary plat must be approved for any subdivision in the city, unless exempt in accordance with section 54-594, or approved as a minor subdivision under section 54-595.

(b)

Best development practices check list. Subdivision design should be developed in accordance with the following best development practices checklist:

(1)

Land use practices.

a.

Reduce vehicle miles of travel (VMT) and strip development by encouraging mixed-use development.

b.

Contribute to the areas jobs-housing balance.

c.

Encourage a mixture of land uses, including, residential, office, and neighborhood commercial and civic uses.

d.

Develop in clusters and keep clusters small.

e.

Place higher density housing near commercial centers and parks.

f.

Phase convenience shopping and recreational opportunities to keep pace with housing.

g.

Make subdivisions into neighborhoods, with well-defined edges and centers.

h.

Reserve school sites in large developments; donate them if necessary to attract new schools.

i.

Concentrate commercial development in compact centers or districts, rather than letting it spread out in strips along roadways.

j.

Encourage shopping centers and business parks to become all-purpose activity centers.

k.

Minimize impact of auto-oriented land uses, and/or incorporate pedestrian linkages by clearly establishing pedestrian walkways and bikeways. Utilization of brick pavers can be used to delineate pedestrian pathways to and between typical auto oriented land uses.

(2)

Transportation practices.

a.

Design the street network with multiple connections and relatively direct routes.

b.

Space through-streets no more than half a mile apart, or the equivalent route in a curvilinear network.

c.

Keep speeds on local, residential streets to no more than 25 mph.

d.

Keep speeds on arterials and collectors that are in residential areas to no more than 35 mph.

e.

Use traffic calming measures in residential areas, such as speed humps with a 20-mph design speed.

f.

Keep all streets as narrow as possible.

g.

Align streets to give buildings energy-efficient orientation.

h.

Avoid using traffic signals where possible and space signals for good traffic progression.

i.

Provide networks for pedestrians and bicyclists as good as the network for motorists.

j.

Provide pedestrians and bicyclists with shortcuts and alternatives to travel along high-volume streets.

(3)

Environmental practices.

a.

Encourage a systems approach to environmental planning.

b.

Channel and guide development into areas that are already developed.

c.

Preserve areas of high-quality habitat, as large and circular as possible, feathered at the edges and connected by wildlife and agricultural corridors.

d.

Design around significant wetlands.

e.

Establish upland buffers around all retained wetlands and natural water bodies.

f.

Preserve significant uplands.

g.

Restore and enhance ecological functions damaged by prior site activities.

h.

Minimize runoff by clustering development and using efficient stormwater facilities, designed as amenities not eyesores surrounded by chain link fences.

i.

Detain runoff with open, natural drainage systems.

j.

Design man-made lakes and stormwater ponds for maximum environmental value.

k.

Use reclaimed water on large developments with large landscaped areas.

l.

Use and require use of xeriscape landscaping, where feasible.

(4)

Housing practices.

a.

Achieve an average net residential density of units per acre in accordance with the designated zoning district.

b.

Use cost effective site development and construction practices.

c.

Design in energy efficient features.

d.

Supply affordable single-family homes for moderate-income families.

e.

Supply affordable multifamily and accessory housing for low-income households.

f.

Tap into government housing programs to broaden and deepen the housing/income mix, including the State Housing Initiatives Partnership (SHIP) program.

(c)

Procedure for review and approval.

(1)

In order to expedite the review of a subdivision preliminary plat, coordinate its local review in respect to the provisions of all applicable city ordinances, one or more pre-application conferences between the applicant and designated city staff or designated development consultant is required, the cost of which will be born by the applicant at a fee approved by the city council in a resolution.

(2)

Submittal. The applicant shall submit 13 copies of the preliminary plat and the supplementary materials to the city clerk, along with payment of the appropriate development review fee as set forth in a resolution of the council.

(3)

Technical review. The city clerk shall transmit all subdivision applications to the city's designated administrative staff and designated development consultant for review. The staff shall have 30 working days to determine the completeness of the application.

Once an application is determined to be complete, the designated staff or development consultant shall have 30 days to issue a report to the applicant and city clerk, and the city clerk shall schedule the matter for the next available local planning agency meeting for review and recommendation on the project to the city council.

(4)

Local planning agency review. Following technical review, the local planning agency shall review the preliminary plat, including the revisions and review comments by the city staff or designated development consultant, the applicant, and members of the general public, at an advertised public hearing. Property owners within 500 feet of the proposed subdivision shall be notified by mail, at least 20 days prior to the public hearing, of the date, time, location and purpose of the public hearing. In addition, no sooner than 15 days before the public hearing before the local planning agency, the applicant shall cause to have erected a sign at the site of the proposed subdivision, readable from the adjacent roadway travel lane, depicting the following information:

a.

Name of subdivision;

b.

Map of proposed subdivision layout;

c.

Language that consideration of approval of the proposed subdivision layout is pending before the city;

d.

The date, time and place of the public hearing before the local planning agency.

(5)

City council review. Within 45 days of the receipt of the recommendations of the local planning agency, the city council, at an advertised public hearing shall:

a.

Approve the preliminary plat;

b.

Approve the preliminary plat with conditions, the nature of which shall be indicated on the preliminary plat or attached to it in writing;

c.

Disapprove the preliminary plat or any portion thereof, specifying, in writing, the reasons for disapproval; or

d.

The city council may continue deliberation of the preliminary plat to a time certain with the consent of the applicant.

In deciding whether to approve, approve with conditions, or deny an application for preliminary plat, the entity with authority to render such decision shall determine:

(1)

Whether the applicable zoning standards and requirements have been met.

(2)

Whether the applicable criteria of the land development regulations have been met.

(3)

Whether adequate capacity is available as required in the concurrency management system.

(4)

Whether the requirements of other applicable regulations or ordinances which impose specific requirements on preliminary plats and development have been met.

(5)

Notification of action. The city clerk shall notify the applicant in writing of the city council's action within ten working days after such action.

(6)

Expiration of approval. Every preliminary plat approval shall become invalid unless construction on the approved subdivision is commenced within 24 months after approval of the construction plans, or if the construction of the approved subdivision is suspended or abandoned for a period of 12 consecutive months after the construction is commenced. Approval may be extended, by request of the applicant and approval by the city council after review by the city staff or development consultant, for successive periods of time not to exceed 12 months each, provided the request for extension is made prior to the expiration of the prior approval period. After expiration, the applicant must resubmit the preliminary plat and follow the procedures required for approval of the preliminary plat.

(b)

[d.]Specifications.

(1)

Required materials for submission. The submittal for preliminary plat approval shall consist of copies of line prints on white background, and such other documents as may be determined necessary by the council.

(2)

Name of subdivision. Every subdivision shall be given a name by which it shall be legally known. Such a name shall not be the same or in any way so similar to any name appearing on any recorded plat in the county so as to confuse the records or mislead the public as to identity of the subdivision, except where the subdivision is subdivided as an additional unit or section by the same applicant or his or her successors in title. Every subdivision name shall have legible lettering, including the words "section," "unit," "replat," "amended" or other explanatory terminology.

(3)

Required information. The preliminary plat shall contain the following:

a.

Proposed name of subdivision.

b.

Name, address and telephone number of the applicant and his or her engineer of record or land surveyor.

c.

North arrow, graphic scale, source of data, date of plat drawing and space for revision dates.

d.

Acres and numbers of lots.

e.

Vicinity map and an infrared aerial of the site and sketch locating the subdivision in relation to the immediately surrounding area with regard to well-known landmarks such as major thoroughfares or railroads. Sketches shall be drawn to show clearly the information required, but not less than one inch to 2,000 feet. United States Geological Survey Maps may be used as a reference guide for the location sketch.

f.

Name of former subdivision, if any or all of the preliminary plat has been previously subdivided.

g.

Boundary lines of the entire tract to be eventually subdivided indicated by a heavy line with ties to the nearest government corner or other recorded and well-established corner.

h.

Contour lines at no greater than five-foot intervals based on United States Geological Survey Datum.

i.

Existing natural and manmade features within the proposed subdivision and in an area within at least 100 feet beyond the boundary of the proposed subdivision which might affect subdivision design. These features include but are not limited to drainage channels, bodies of water, mean high-water lines and areas subject to flooding.

j.

Right-of-way widths and names of existing platted streets, bridges, easements, and city and county lines within at least 100 feet beyond the boundary of the proposed subdivision.

k.

Preliminary layout, including lot lines with approximate dimensions, lot numbers, block letters, street lines with proposed street names, right-of-way widths, pedestrian way locations and sites reserved through covenants, easements, dedication or otherwise for public or private uses.

l.

Proposed unit division or stage development, if any, as proposed by the applicant. Changes in unit division or staging shall be permitted for final plat approval provided the units are recorded in numerical sequence.

m.

Location and results of representative percolation tests and soil tests as may be required by appropriate agencies for an area to be subdivided which is not to be served by a public or community sanitary sewage system.

n.

All section and quarter section lines occurring on the map or plat shall be indicated by lines drawn upon the map or plat, with appropriate words and figures. If the description is by metes and bounds, the point of beginning shall be indicated, together with all bearings and distances of the boundary lines. If the platted lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. The initial point in the description shall be tied to the nearest government corner or other recorded and well-established corner.

o.

All contiguous properties shall be identified by subdivision title, plat book and page or, if unplatted, land shall be so designated.

p.

The proposed water supply, power supply and method of sewage disposal for each lot in the proposed subdivision.

q.

A conceptual storm water management plan.

r.

Delineation of the 100-year floodplain or a setback line above the 100-year floodplain.

s.

An analysis of the projected impact of the new development on public facilities, including the amount of traffic generated by the project, and amount of water and sewer required.

t.

Identification of all protected trees on the site or in the right of way that may be disturbed by the project. Protected trees are identified in Chapter 54 Article XIV of the City of Monticello Land Development Code.

u.

The preliminary plat shall be accompanied by a written summary of the proposal giving information as to the overall development plan with preliminary data on approximate number of dwelling units, general types of business and industry so that the effects of the development can be determined to assure that the development is in accordance with this chapter and the comprehensive plan.

v.

General information on who will maintain the subdivision improvements.

(Ord. No. 90-13, § 11.05, 8-7-1990; Ord. No. 2001-06, § 2(11.05), 11-6-2001; Ord. No. 2007-04, § 1, 6-12-2007)

(a)

Procedure for review and approval.

(1)

Preparation. Following approval of the preliminary plat, the applicant shall submit the necessary construction plans and specifications for roads, drainage and sidewalks and bikeways, where applicable, as specified in this article, prepared by a professional engineer registered to practice in the state. Deviations from these plans shall not be allowed unless written approval is secured from the engineer. In addition, the applicant shall submit general information on and location of electrical and other utilities and traffic control. The applicant may submit and secure approval of construction plans in phases so as to facilitate staged construction. The applicant shall not begin construction prior to approval of construction plans and issuance of all applicable permits for such construction, except for clearing and rough grading authorized by a storm water management permit covering the entire subdivision.

(2)

Submission and review. The applicant shall submit six sets of prints of the completed construction plans to the city superintendent. Within 20 working days after receipt of the construction plans, the city superintendent shall notify the applicant of:

a.

Construction plan approval; or

b.

Disapproval of the construction plans or any portion thereof, stating wherein such disapproved plans or portions thereof fail to conform with the minimum specifications of the council in effect at the date of preliminary plat approval.

(3)

Record drawings. Upon the completion of construction and prior to acceptance of the subdivision by the city council and the posting of the maintenance bond by the applicant, a set of record drawings ("as built") shall be submitted to the city superintendent. As an alternative to record drawings, the applicant may submit the approved construction plans with field notes. A professional engineer shall provide record drawings or construction plans with field notes which substantially represent the constructed work, and a statement that such work conforms substantially to the construction plans and specifications, as approved. The city council may require certified record drawings or construction plans and tests of the type and quality of materials in place prepared by a recognized testing laboratory.

(b)

Specifications. The applicant shall deliver to the city superintendent documents prepared by a professional engineer which meet or exceed minimum specifications of the council, and which shall include but may not be limited to the following:

(1)

A topographic map of the subdivision as required by the engineer with a contour interval no greater than five feet based on the United States Geological Survey Datum and field survey shall be provided by the applicant.

(2)

A storm water management plan.

(3)

Construction plans and profiles for all proposed roads. Where proposed roads intersect existing roads, elevation and other pertinent details shall be shown on construction plans for existing roads for a minimum distance of 300 feet from point of intersection.

(4)

Minimum design standards according to division 2 of this article and the Manual of Uniform Minimum Standards for Design. Construction, and Maintenance for Streets and Highways (Green Book).

(5)

Other information on the construction plans as may be required by the council.

(Ord. No. 90-13, § 11.06, 8-7-1990; Ord. No. 2001-06, § 2(11.06), 11-6-2001)

(a)

Review procedure.

(1)

Submittal. While the approval of the preliminary plat is in effect, the applicant may submit the final plat for approval to the appropriate officials in the following order:

a.

The applicant shall submit the final plat to the city superintendent no less than 20 days prior to the regularly scheduled meeting of the council at which it is to be considered.

b.

The final plat shall conform to the preliminary plat as approved, and, at the option of the applicant, may constitute only that portion of the approved preliminary plat which he or she proposes to record at the time provided such portion conforms to this article.

(2)

City council action. When a final plat has been submitted to the city council and is in conformance with an approved preliminary plat and the provisions of this article, the city council shall consider and take action on the plat. Approval by the city council shall not be shown on the final plat until all requirements of this article have been met and the city superintendent has certified that:

a.

All improvements and installations to the subdivision required for its approval under this article have been completed in accordance with the appropriate specifications; or

b.

A surety device has been provided by the applicant for that portion of the improvements which have not been constructed. The surety shall:

1.

Be approved by the city;

2.

Cover 100 percent of the cost of uncompleted dedicated road and drainage improvements as estimated by the engineer of record;

3.

Be conditioned upon completion of construction of dedicated roads and drainage facilities as shown in the approved construction plans within 12 months; and

4.

Be payable to and for the indemnification of the city council.

c.

A surety device in the amount of ten percent of the total cost of all required improvements to cover defects in materials or workmanship for one year shall be posted as a condition of acceptance of responsibility for maintenance of public improvements by the council.

(3)

Recording. Upon approval by the city council, the original of the approved plat shall be forwarded to the clerk of the circuit court for recording.

(4)

Effect of approval. Approval of the plat by the city council shall be deemed its acceptance of the dedication of the streets and public land as shown upon said plat on behalf of the public.

(b)

Form and contents.

(1)

Conformity to state law; format. Every final plat of a subdivision shall conform to the provisions of F.S. ch. 177, and to the following:

a.

The size of each sheet shall be 18 inches wide and 24 inches long, including a three-inch binding margin on the left and a one-half-inch margin all around.

b.

Minimum scale will be one inch to 100 feet unless otherwise approved by the city superintendent. The scale shall be both stated and illustrated by a graphic scale drawn on every sheet showing any portion of the lands subdivided. A north arrow shall be shown on each sheet.

c.

When the lot width required at the building setback line is at a distance greater than that required by the minimum front or rear yard setback restrictions, minimum front and rear yard building setback lines shall be specified on the lots on the final plat provided that no buildable lot area shall have a depth of less than 35 feet between the front and rear yard setback lines. Required minimum building lines shall also be specified on unusually shaped lots where there is no readily discernible lot frontage, such as banjo, flag, double frontage or stack lots.

d.

The location, dimensions and purpose of all easements and public service utility rights-of-way and any areas to be reserved, donated or dedicated to public use or sites for other than residential uses with notes stating their purpose and limitations and areas to be reserved by deed covenants for common use of all property owners shall be shown.

e.

The 100-year floodplain or a setback line above the 100-year floodplain shall be delineated on the plat.

(2)

Certificates. The certification on the plat shall bear the signature, registration number and the official impression seal of a registered land surveyor and shall be stated as follows: "I hereby certify that this survey was made under my responsible direction and supervision, is a correct representation of the land surveyed, that the permanent referenced monuments and permanent control points have been set and that the survey data and monumentation complies with F.S. ch. 177 and F.A.C. ch. 21HH-6."

(3)

Dedication and adoption. Every plat of a subdivision with streets or other lands to be dedicated to the public and filed for record shall contain a dedication by the applicant and all persons having a record interest in the lands subdivided in the same manner in which deeds are required to be executed. The dedication shall be as follows:

STATE OF FLORIDA

COUNTY OF JEFFERSON

Know all men by these presents that ___________ (a corporation organized and existing under the laws of the State of Florida), the owner(s) fee simple of the land shown hereon platted as ___________ (name of subdivision) and more particularly described as follows: _____
_____
_____
_____
(description) containing _______ (number) of acres, have caused said lands to be divided and subdivided as shown hereon and do hereby dedicate to the perpetual use of the public all _____
_____
_____
_____
(itemize public roads, streets, alleys and other rights-of-way and all parks and recreation areas and all easements for utilities, drainage, and other purposes and all purposes incident thereto) as shown and depicted hereon. _____
_____
_____
(reversionary provision, if applicable.) This the _______ day of ___________ A.D., 20___.

Reversionary provision: Reserving, however, the reversion or reversions thereof should the same be renounced, disclaimed, abandoned or the use thereof discontinued as prescribed by law by appropriate official action of the proper officials having charge or jurisdiction thereof.

STATE OF FLORIDA

COUNTY OF JEFFERSON

Before me this day personally appeared ___________ (owners, mortgagees, etc., if applicable) and acknowledged that they executed the foregoing dedication freely and voluntarily for the uses and purposes therein stated on behalf of said (owners, mortgagees, etc., if applicable).

JOINDER IN DEDICATION:

All persons having an interest in the property described hereon have joined in this dedication as follows:

Name:

Execution Date of Joinder:

Official Record Book and Page of Joinder:

This plat conforms to the preliminary plat approval provisions made by the this _______ day of ___________ A.D., 20___.

Approved by the City Council of the City of Monticello, Florida, this _______ day of ___________ A.D., 20___.

Accepted for files and recorded, this _______ day of ________ A.D., 20___, in Plat Book _______ Page _______.

(Ord. No. 90-13, § 11.07, 8-7-1990; Ord. No. 2001-06, § 2(11.07), 11-6-2001)

(a)

Prerequisite to public dedication. No dedication of or attempt to dedicate any land or water in the city for any public purpose whatsoever, nor any conveyance or attempted conveyance of land or water for any public purposes whatsoever, shall be accepted for recording, nor shall the same be effective, unless and until the same is approved duly noted, recited or recorded in the official minutes of the city council.

(b)

Required dedications.

(1)

As a condition for the approval of any plat, the city council may require, in a policy adopted by the city council, the dedication to the public of such reasonable parts or portions of the lands to the public for road, street, drainage, park, recreation or utility purposes as shall be necessary for the public health, safety and welfare and the marking of all roads and streets shown and said plat. Where drainage improvements within the subdivision form a part of the city's primary drainage system, such drainage system shall be dedicated to the public unless otherwise determined by the city council. Where a subdivision contains property through which a road facility is identified in the Traffic Circulation Element of the comprehensive plan as it exists at the time of platting, the necessary right-of-way shall be dedicated to the public unless otherwise determined by the city council.

(2)

As an alternative to requiring dedication of land for roads, street, drainage, park, recreation utility purposes, the city council may develop procedures, according to adopted policy, for acceptance of fees in lieu thereof.

(c)

Flood hazard warning. If any lot in a subdivision which is a minor subdivision, is a platted subdivision, or is subject to the platting requirements of this article lies within the 100-year floodplain or a setback line above the 100-year floodplain, as delineated on the plat thereof, then any agreement or contact for the sale or transfer of a fee interest in the lot shall prominently display the following flood hazard warning: "According to the most current plat of this subdivision on file with the city, this (these) lot (lots), or a portion thereof, lies (lie) within the 100-year floodplain, or a setback line above the 100-year floodplain, as delineated thereon."

(d)

Fees. The city council may adopt a fee schedule for the implementation of this article.

(e)

Enforcement.

(1)

Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be punished as required by law. Each day such violation continues shall be considered a separate offense.

(2)

The city council, or any aggrieved person with a special injury different from that of the public at large, may seek an injunction against any violation of the provisions of this article.

(f)

Responsibility for costs of design and construction. All facilities constructed pursuant to the requirements of this article shall be designed and constructed at the expense of the applicant.

(g)

Retention of consultants. The city may, if in its opinion it is necessary, retain consultants to assist in the review of preliminary plats, construction plans and final plats. The cost of retaining said consultants shall be borne by the applicants in the manner set forth within a resolution of the city council concerning applications and fees.

(Ord. No. 90-13, § 11.09, 8-7-1990; Ord. No. 2001-06, § 2(11.09), 11-6-2001; Ord. No. 2005-02, § 4(11.09.07), 1-4-2005)

(a)

Generally. This section applies to the construction of model homes in new single-family home subdivisions at any time between the approval of the preliminary plat and the recording of the final plat. A model home is defined as one residential unit, built to be representative of other residential units, to be used for display and/or as a sales office while other units are under construction.

(b)

Procedure for review and approval. It is the policy of the city to allow the issuance of building permits for up to three model homes in new single-family home subdivisions, prior to the completion of all infrastructure, if:

(1)

The preliminary plat for the subdivision has been approved and permits for the construction of the public infrastructure have been issued;

(2)

The model homes will not be inhabited as dwellings and will only be used for display and sales purposes until after the final plat has been recorded;

(3)

No permanent utility connections shall be made to the model homes until after the final plat has been approved by the city and recorded;

(4)

The lots on which the model homes are located will not be sold until after the final plat is recorded; and

(5)

The developer has entered into a "Model Home Construction Agreement" which specifies the conditions under which the model homes are permitted.

(Ord. No. 2006-07, § 1, 6-6-2006)

(a)

A subdivision and every lot within it shall have legal access to a publicly dedicated street.

(b)

Subdivisions shall be designed so as to provide access to adjoining parcels of land as required to promote efficient traffic flow.

(Ord. No. 90-13, § 11.08.01(A), 8-7-1990; Ord. No. 2001-06, § 2(11.08.01(A)), 11-6-2001)

(a)

Off-road utility easements in subdivisions shall be at least 20 feet wide.

(b)

Drainage easements shall conform substantially to the lines of watercourses and shall be of sufficient width for construction and maintenance.

(Ord. No. 90-13, § 11.08.01(B), 8-7-1990; Ord. No. 2001-06, § 2(11.08.01(B)), 11-6-2001)

(a)

Buildable area. No lot in a subdivision shall have a buildable area of less than 35 feet between the front and rear yard setback lines.

(b)

Double frontage. There shall be no double frontage except to provide separation of development from arterial streets or canopy roads or to overcome specific disadvantages of topography, orientation and property size.

(c)

Corner monuments. Lot corners shall be marked with permanent monumentation by a land surveyor.

(Ord. No. 90-13, § 11.08.01(C), 8-7-1990; Ord. No. 2001-06, § 2(11.08.01(C)), 11-6-2001)

(a)

Length. Residential blocks in subdivision shall not be greater than 1,400 feet in length, or less than 400 feet in length.

(b)

Designation. Blocks shall be designated by consecutive alphabetical letters.

(c)

Thrublock pedestrian ways. Thrublock pedestrian ways not less than ten feet in width in blocks greater than 1,000 feet in length shall be required where necessary to provide access to schools, playgrounds and other community facilities.

(Ord. No. 90-13, § 11.08.01(D), 8-7-1990; Ord. No. 2001-06, § 2(11.08.01(D)), 11-6-2001)

(a)

Shade trees are to be planted within street rights-of-way or easements that are within or abutting the subdivision, in accordance with city criteria. Total tree count, as required herein, shall be at a ratio of one tree for each 25 linear feet of lot frontage, or major portion thereof, with at least 50 percent of said trees being major shade trees. Shade trees shall be spaced so as to allow mature growth.

(b)

At the time of planting, shade trees shall have a minimum height of five feet.

(c)

Preservation of existing shade trees is encouraged, and existing shade trees may be utilized in order to meet the above requirements.

(Ord. No. 90-13, § 11.08.01(E), 8-7-1990; Ord. No. 2001-06, § 2(11.08.01(E)), 11-6-2001)

(a)

Conformance with comprehensive plan. The width and location of all streets shall conform to the Traffic Circulation Element of the comprehensive plan.

(b)

Alignment. Where street alignments are not shown on the comprehensive plan, the arrangement of the streets in the subdivision shall either:

(1)

Provide for the continuation or appropriate projection of existing or approved planned streets in surrounding areas; or

(2)

Conform to a plan approved by the local planning agency.

(c)

Street types. A subdivision roadway system shall be designed based on three main street types: arterial, collector, and local, as defined in the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida (Green Book), and the Traffic Circulation Element of the comprehensive plan.

(d)

Sidewalks. Sidewalks shall be provided along:

(1)

Arterial streets: Both sides;

(2)

Collectors: One side;

(3)

Local streets: One side. Sidewalks shall be designed and constructed in accordance with city standards and policies.

(4)

Where new development is adjacent to existing development with sidewalks, the new development shall be required to provide a connecting sidewalk.

(e)

Right-of-way performance standards. Public streets and utility easements shall be the width necessary to provide required driving surfaces, drainage facilities, utility placement, control of sight distances and safety requirements and shall comply with standard city street sections.

(Ord. No. 90-13, § 11.08.02, 8-7-1990; Ord. No. 2001-06, § 2(11.08.02), 11-6-2001)

(a)

Arterial and collector streets. Arterial and collector streets:

(1)

Shall be designed in accordance with the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida (Green Book); and

(2)

All materials and construction shall be in accordance with the Florida Department of Transportation, Standard Specifications for Road and Bridge Construction, current edition, as may be amended by the city. Types of road construction other than specified therein but which are equivalent thereto may be allowed by the council after recommendation by the city superintendent.

(b)

Minimum requirements for local streets.

(1)

Right-of-way: 50 feet.

(2)

Pavement width: 18 feet.

(3)

Shoulder width: Six feet.

(4)

Asphalt:

a.

Specifications. All asphalt shall be of the types acceptable and shall be 1½-inch minimum compacted thickness. Acceptable asphalt types include:

1.

FDOT Type S-1: Minimum stability 1,000 lbs.

2.

FDOT Type II: Minimum stability 1,000 lbs.

3.

FDOT Type III: Minimum stability 1,000 lbs.

b.

Testing.

1.

Standard mix design for asphalt will be required for approval prior to acceptance to the project.

2.

A minimum of three thickness cores will be required for any project. Large projects may, at the city superintendent's discretion, require more.

(5)

Base and subgrade.

a.

Base material. All base material shall be of the types acceptable and shall be six inches minimum compacted thickness. Minimum density shall apply to the type of base material used. Prime and armor coat will be required in order to protect the base from damage prior to paving. Acceptable base types include:

1.

Soil cement with a minimum density of 98 percent of actual field proctor (AASHTO T-99).

2.

Others that are not listed may be acceptable with the prior approval of the city superintendent.

3.

Limerock with a minimum density of 98 percent (AASTO T-189).

b.

Subgrade. The top 12 inches of subgrade shall be compacted to a minimum density of 100 percent (American Association of State Highway and Transportation Officials (AASHTO) T-99) in both cut and fill areas.

c.

Density tests.

1.

Density tests for both subgrade and base shall be at the rate of one every 500 linear foot of roadway. Tests will run at random from side, center and side.

2.

Density tests for shoulders shall be at the rate of one every 1,000 linear foot of shoulder, this will include testing shoulders on both sides of roadway.

(6)

Swales. Swales shall be required on all roads unless the density and intensity of land use dictate the use of curbs, gutters and storm sewers.

(7)

Grassing. All areas from the edge of pavement to the right-of-way line shall be fertilized, seeded and mulched with a seasonal grass. The grass will not be accepted until a growth is established what is at least 50 percent of any one square yard measured. Sod will be required around all headwalls, drain pipes or any area that may be susceptible to erosion during normal rains.

(8)

Drains. All drain pipes shall be bituminous coated corrugated metal with basis requirements of AASHTO M-36 or reinforced concrete pipe conforming to American Society for Testing and Materials (ASTM) designation C-76-70 Class III. All pipes and ditches shall be sized to collect, control and dispose of the runoff from a 25-year storm. Headwalls shall be the mitered end type.

(9)

Disposal of debris. No construction debris will be buried within the right-of-way.

(10)

Signage and markings. Upon notification, after the project review, the developer may be required to provide traffic signs and pavement striping.

(11)

Other requirements. All construction methods not specifically stated herein shall be in accordance with the Florida Department of Transportation Manual for Standard Road and Bridge Construction, latest edition. At the direction of the city superintendent, any item that is needed but not specifically called for in these requirements will be provided at the expense of the developer.

(c)

Pavement width and other traffic engineering features. Pavement widths, median strips, parking lanes and other traffic engineering features shall be constructed, unless otherwise herein specified, in accordance with adopted policies and guidelines of the city council.

(d)

Angle of intersections. Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than 75 degrees.

(e)

Street jogs. Street jogs with center line off-sets of less than 125 feet, center to center, shall not be permitted.

(f)

Cul-de-sac streets. Culs-de-sac shall be designed so that the minimum length shall be 800 feet, including vehicular turnaround, as measured from the right-of-way line of the end of the vehicular turnaround, except where extenuating circumstances deem otherwise.

(g)

Railroad rights-of-way and limited-access highways. Railroad rights-of-way and limited-access highways, where so located as to affect the subdivision of adjoining lands, shall be treated as follows:

(1)

In residentially zoned districts, the lot depth adjacent to the railroad right-of-way or limited-access highway shall be 25 feet more than the minimum required by the zoning code. No structure shall be placed in the 25 feet of such lot adjacent to the railroad right-of-way or highway.

(2)

No street which crosses a railroad at grade shall intersect another street within 150 feet of the railroad right-of-way.

(3)

Signals shall be required at all railroad crossings of public roads.

(h)

Access and safety. Direct access to residential subdivision lots from arterial streets shall be prohibited. Access to the arterial system shall be provided by local streets via collector streets, or by marginal-access roads. Driveways, on-street parking and other traffic conflicts shall be avoided where possible. Safe sight distances shall be provided at all corners, curves and intersections of streets or driveways.

(i)

Stub-out streets. Any stub-out street that exceeds one lot in depth will require construction of a temporary turnaround.

(Ord. No. 90-13, § 11.08.03, 8-7-1990; Ord. No. 2001-06, § 2(11.08.03), 11-6-2001)

(a)

Streets in subdivisions which are extensions of existing streets shall have the same name.

(b)

No street names shall be used which will duplicate or be confused with the names of existing or proposed streets.

(c)

All street names shall be approved by the city superintendent prior to the approval of the preliminary plat by the city council.

(d)

Any changes in names of streets must be approved by the city council.

(Ord. No. 90-13, § 11.08.04, 8-7-1990; Ord. No. 2001-06, § 2(11.08.04), 11-6-2001)

(a)

Each stage of subdivision road construction (such as clearing, grading, stabilization, base, surface and drainage facilities), and any other item as deemed appropriate by the city superintendent, shall receive specific inspection and approval from the developer's engineer with appropriate records to verify all such inspections and approval. All field notes must be made available to the city superintendent at any time prior to acceptance.

(b)

It will be the responsibility of the developer or his or her professional engineer to authorize or to make the following tests during the construction period and furnish the city superintendent with a copy of each test made:

(1)

Surface course material and density.

(2)

Base material and density.

(3)

Subgrade bearing value.

(4)

Subgrade density.

(5)

Stabilized roadway bearing value.

(6)

Stabilized roadway density.

(7)

Stabilized roadway thickness.

(8)

Concrete strength, 28 days.

(9)

Embankment density.

(c)

In order to facilitate inspection of required improvements during construction, the developer shall notify the city superintendent at least two working days before proceeding to any stage of construction requiring county engineering approval, including:

(1)

Clearing and grubbing.

(2)

Rough grading completed.

(3)

When excavations are ready for placing foundations and when pipe trenches are shaped and prepared for laying pipe.

(4)

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

(5)

Upon completion of subgrade compaction.

(6)

Upon completion of base course.

(7)

When placing surface pavements.

(Ord. No. 90-13, § 11.08.05, 8-7-1990; Ord. No. 2001-06, § 2(11.08.05), 11-6-2001)

The applicant shall maintain all subdivision improvements until such improvements are dedicated to the public, accepted for maintenance by the council, or turned over to the maintaining entity.

(Ord. No. 90-13, § 11.08.06, 8-7-1990; Ord. No. 2001-06, § 2(11.08.06), 11-6-2001)

(a)

The applicant may petition the council for a variance from the provisions of sections 54-622, 54-623, and 54-624 and section 54-627(d), (e), and (f) by submitting a variance request at any time prior to final plat approval or preliminary plat approval if the subdivision is unplatted. The city council shall grant the request if it determines the land contained within the area which is the subject of a proposed subdivision is of such a size, shape, topography, location or condition or subject to such title limitations as to render it impractical or impossible for the applicant to conform to the provisions of this article, or where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this article would result in an unnecessary or unique hardship, so long as such variance is in conformity with the general intent of this article. Following receipt of the application, the variance shall be placed on the agenda for consideration at the next regularly scheduled city council meeting. At its meeting, the city council shall:

(1)

Approve the variance request or any portion thereof;

(2)

Approve the variance request subject to conditions;

(3)

Disapprove the variance request, specifying the reasons therefor in writing; or

(4)

Continue consideration of the variance to a time certain if agreed upon by the applicant and the city council.

(b)

Upon application or on its initiative, the city council may determine that land contained within an area which is the subject of a proposed plat is of such size, shape, topography, location or condition or subject to such title limitations as to render it impractical or impossible for the owner or owners of such land to conform to any of the other provisions of this article; or where, owing to conditions peculiar to the proposed plat, it is of such size, shape, topography, location or condition or subject to such title limitations as to render it impractical or impossible for the owner or owners of such land to conform to any of the other provisions of this article; or where, owing to conditions peculiar to the property and not the result of the actions of the applicant, literal enforcement of this article would result in an unnecessary or unique hardship, the city superintendent may recommend a variance of such other provisions of this article as is necessary or expedient so long as such variance is in conformity with the general intent of these regulations and can be granted without substantial adverse effect on the public health, safety and welfare. The city superintendent recommendation shall be transmitted to the city council, in writing, setting forth the reasons therefor. The city council shall act upon such recommendation at the next regular meeting which is more than 20 days after the receipt of the recommendation of the city superintendent.

(Ord. No. 90-13, § 11.08.07, 8-7-1990; Ord. No. 2001-06, § 2(11.08.07), 11-6-2001)