The appendices set forth in these Land Development Regulations are made a part hereof and shall be used where required by these Land Development Regulations.

5.2.1. Control. It is hereby declared to be the policy of the city commission to consider the subdivision of land and the development of a subdivision plat as subject to the control of the city commission pursuant to the Comprehensive Plan for the orderly, planned, efficient and economical development of the area.

5.2.2. Land to be subdivided. Land to be subdivided (excepting the limited development provisions provided within Policy I.1.2 of the Comprehensive Plan) shall be located within a community potable water and centralized sanitary sewer service area or within a one-mile radius of such area; and shall:

1.

Coordination. Aid in the coordination of land development in accordance with orderly physical patterns.

2.

Appropriateness. Discourage haphazard, premature, uneconomic or scattered land development.

3.

Traffic. Ensure safe and convenient traffic control.

4.

Stability; health. Encourage development of an economically stable and healthful community.

5.

Utilities. Ensure adequate utilities.

6.

Floods. Prevent periodic and seasonal flooding by providing adequate protective flood control and drainage facilities.

7.

Open space. Provide public open spaces and/or parks for recreation.

8.

Physical improvements. Assure land subdivision with installation of adequate and necessary physical improvements.

9.

Costs. Assure that citizens and taxpayers will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the subdivider of adequate and necessary physical improvements.

10.

Purchaser. Assure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed.

11.

Comprehensive plan. Serve as one of the several instruments of implementation for the Comprehensive Plan.

It is the intent of these Land Development Regulations to encourage and promote, in accordance with present and future needs, the safety, morals, health, order, convenience, prosperity and general welfare of the residents of the city.

Regulations of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the city. The subdivider has the duty of compliance with reasonable conditions established by the city commission for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economical development of the area and to the safety and general welfare of future property owners in the subdivision and of the community at large.

Land which the city commission finds to be unsuitable for subdivision of development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the health, safety, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the subdivider and approved by the city commission to solve the problems created by the unsuitable land conditions.

5.6.1. In city. These Land Development Regulations shall apply to all subdivisions of land, as defined herein, located within the incorporated area of the city.

5.6.2. Prerequisites. No land shall be subdivided within any area subject to these Land Development Regulations until:

1.

The subdivider or his agent has obtained approval of the final plat by the city commission; and

2.

The approved final plat is filed with the clerk of the circuit court of the county.

5.6.3. Building permit; excavation. No building permit shall be issued for any parcel or plat of land which was created by subdivision after the effective date, of and not in conformity with, the provisions of these Land Development Regulations. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these Land Development Regulations.

Nothing in these Land Development Regulations shall be construed as meaning that the city commission shall take over for maintenance any road, street, utilities, public parking or other public area, or drainage facility related thereto, except those designed and built in accordance with the city commission's requirements and accepted for maintenance by specific action by the city commission.

Whenever access to the subdivision is required across land in another government's jurisdiction, the city commission may request assurance from that government's attorney that access is legally established, and that the access road is adequately improved or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road.

5.9.1. Procedure for resubdivision. For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the city commission by the same procedure, rules, and regulations as for a subdivision.

5.9.2. Procedure for subdivisions where future resubdivision is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and where such lots could eventually be resubdivided into smaller building sites, the city commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets and utilities. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.

If the subdivider places restrictions on any of the land contained in the subdivision greater than those required by these Land Development Regulations, such restriction or reference thereto shall be indicated on the subdivision plat and/or recorded with the clerk of the circuit court of the county.

The subdivision of any lot or parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, or lease, shall be subject to all of the requirements of these Land Development Regulations. Such subdivision of a parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease shall be subject to these subdivision regulations where two or more developments which separately do not meet the literal definition of a subdivision but which collectively demonstrate at least one of the following characteristics: (1) the same person has retained or shared control of the parcels within the developments, (2) the same person has ownership or a significant legal or equitable interest in the parcels within the developments, (3) there is common management of the development controlling the form of physical development or disposition of parcels of the development, (4) there is a voluntary sharing of infrastructure that is indicative of common development, or (5) there is a common advertising theme or promotional plan for the parcels within the developments.

Every subdivision shall be given a name by which it shall be legally known. Such name shall not be the same or similar to a subdivision name appearing on another recorded plat within the city so as to confuse the records or to mislead the public as to the identity of the subdivision, except when the subdivision is subdivided as an additional unit or section by the same subdivider or his or her successors in title. The name of the subdivision shall be shown in the dedication and shall coincide exactly with the subdivision name. The city commission shall have final authority to approve the names of subdivisions.

The vacation and annulment of plats shall be according to F.S. ch. 177, as amended. In addition, the city commission may, on its own motion, order the vacation and revision to acreage of all or any part of a subdivision within its jurisdiction including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or other parcels, when: (1) the plat of which subdivision was recorded as provided by law not less than five years before the date of such action, and (2) in which subdivision or part thereof not more than ten percent of the total subdivision area has been sold as lots by the original subdivider or his or her successor in title. Such action shall be based on a finding by the city commission that the proposed vacation and reversion to acreage of subdivided land conforms with the Comprehensive Plan and that the public health, safety, economy, comfort, order, convenience, and welfare will be promoted thereby. Before acting on a proposal for vacation and reversion of subdivided land to acreage, the city commission shall hold a public hearing thereon with due public notice.

No owner of any parcel of land in a subdivision shall be deprived by the reversion to acreage of all or any part of the subdivision of reasonable access to existing facilities to which such parcel has theretofore had access, provided that such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto.

If land in a subdivision or part thereof is proposed for reversion to acreage, the city commission shall conduct proceedings for amending the zoning district designation of such acreage as may be deemed advisable in view of the conditions that will exist subsequent to such reversion to acreage.

5.14.1. Preparation of plats. All preliminary and final plats shall be prepared by a registered surveyor and construction plans and specifications for required improvements shall be prepared by a registered engineer. The subdivider shall present a letter to the city commission certifying that he or she has employed a registered surveyor to prepare the plats and if construction plans are required, a registered engineer.

5.14.2. Classification of subdivisions. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his or her authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which includes basically two steps for a minor subdivision and four steps for a major subdivision (see section 2.1 for the definition of a major and minor subdivision):

1.

Minor subdivision:

a.

Pre-application conference.

b.

Final subdivision plat.

2.

Major subdivision:

a.

Pre-application conference.

b.

Preliminary plat.

c.

Construction plans.

d.

Final subdivision plat.

5.14.3. Modified procedure for minor subdivisions. Proposed subdivisions meeting the criteria of a minor subdivision as defined by these Land Development Regulations in section 2.1 shall not have to comply with sections 5.16 and 5.17. A final plat may be prepared directly following the pre-application conference in accordance with the final plat procedure as outlined in section 5.18.

The subdivider or his or her representative shall have a pre-application conference with the land development regulation administrator and other departments or agencies as the case may require, in order that the subdivider may become familiar with the requirements of these Land Development Regulations, and any provisions of the Comprehensive Plan affecting the land in which the proposed subdivision is located.

5.16.1. Step 1—Submit copies. The subdivider shall submit 12 copies of the preliminary plat materials which have been prepared in accordance with these Land Development Regulations to the land development regulation administrator.

5.16.2. Step 2—Transmission for review. The land development regulation administrator shall transmit copies of the preliminary plat materials to the city attorney, city engineer, county health department, the water management district and other appropriate departments or agencies as the case may require for review and comment.

5.16.3. Step 3—Reviews; recommendations. Following review of the materials by the land development regulation administrator, city attorney, city engineer, county health department, water management district and other agencies which received copies of the preliminary plat materials, the planning and zoning board shall review the preliminary plat materials at a scheduled meeting as part of a previously prepared agenda to determine conformity with the Comprehensive Plan and these Land Development Regulations. At the meeting, any person may appear in person or by agent. The planning and zoning board shall recommend approval, approval subject to conditions, or disapproval of the preliminary plat to the city commission. In approving subject to conditions or in disapproving, the reasons for such action shall be stated in writing to the subdivider and the city commission. Reference shall be made to the specific sections of these Land Development Regulations, the Comprehensive Plan, or other ordinances or regulations with which the preliminary plat does not comply.

5.16.4. Step 4—Action by city commission. After review and recommendation of the planning and zoning board, the city commission shall consider approval, approval with conditions, or disapproval of the preliminary plat at its next regularly scheduled meeting as part of a previously prepared agenda. At the meeting, any person may appear in person or by agent. The reasons for approving the preliminary plat subject to conditions or disapproving shall be stated in writing to the subdivider. Reference should be made to the specific sections of these Land Development Regulations, the Comprehensive Plan, or other ordinances or regulations of the city with which the preliminary plat does not comply.

5.16.5. Copies. The action of the city commission shall be noted on two copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained in the office of the land development regulation administrator.

5.16.6. Effect of approval. Approval of the preliminary plat shall not constitute approval of the final plat. Approval of the preliminary plat shall be deemed an expression of approval of the layout submitted as a guide to the preparation of the final plat. Any change in the number and configuration of lots and/or the addition of a new street subsequent to preliminary plat approval shall require the subdivider to re-submit the preliminary plat and follow the procedures for approval of the preliminary plat. Approval of the preliminary plat shall be valid for a period of 24 months, but may be extended by a request from the subdivider and approval of the city commission for a period not to exceed an additional 12 months, provided the request for extension is made prior to the expiration of the initial approval period. After the expiration date, the subdivider must re-submit the preliminary plat and follow the procedures for approval of the preliminary plat.

5.16.7. Development order. A development order shall not be issued by the city commission prior to the review and approval of construction plans as provided in section 5.17 of these Land Development Regulations.

5.17.1. Step 1—Materials submitted. Either at the time of submission of preliminary plat materials or following preliminary plat approval by the city commission, the subdivider shall submit 12 copies of the construction plan materials as specified herein to the land development regulation administrator.

5.17.2. Step 2—Review of comments. The land development regulation administrator shall transmit copies of the construction plan materials to the city attorney, the city engineer, the water management district and other appropriate departments or agencies as the case may require for review and comment. The land development regulation administrator shall evaluate the comments from the appropriate departments or agencies and notify the subdivider of the status of the construction plans.

5.17.3. Step 3—Consideration by city commission. Following review by these agencies, the city commission shall consider approval, approval with conditions, or disapproval of the construction plans at its next regularly scheduled meeting as part of a previously prepared agenda. The reasons for approving with conditions or disapproving shall be stated in writing to the subdivider. Reference shall be made to the specific sections of these or other applicable ordinances or regulations with which the construction plans do not comply.

5.17.4. Development in stages. At this stage, if the proposed subdivision is extensive and the city commission finds that development in stages is consistent with the intent and purpose of these Land Development Regulations, the city commission, with the aid of the land development regulation administrator and appropriate departments shall, if approval of the preliminary plat and construction plans has been given, work out an agreement (or agreements) with the subdivider. This agreement (or agreements) shall include, but not to be limited to, provisions for carrying out the required construction and improvements to completion and the developing of the subdivision in stages.

This agreement (called the subdivider's agreement) shall constitute a covenant by the city commission and the subdivider of the subdivision. The terms and conditions of which shall run with the land and be binding upon all successors in interest to the subdivider.

5.17.5. Effect of approval; minor changes. Approval of the preliminary plat and construction plans by the city commission is authorization for the subdivider to proceed with site development and the installation of improvements in accordance with the approved construction plans, subject to the approval of other agencies having authority. In the event minor changes or deviations from the approved construction plans are necessary due to requirements caused by actual construction or other necessary causes, the city commission shall authorize such minor changes or deviations. If minor changes or deviations are authorized, the subdivider shall submit new construction plan materials as specified herein.

5.18.1. Step 1—Copies submitted. No less than 30 calendar days following approval of the preliminary plat and construction plans and while the preliminary plat approval is in effect, the subdivider shall submit 12 copies of the final plat for approval to the land development regulation administrator. The final plat shall include the information required in section 5.37 of these Land Development Regulations. The final plat shall also be accompanied by the materials required in section 5.37 of these Land Development Regulations, as well as a copy of any conditions imposed at the time of conditional approval of the preliminary plat or of the construction plans. Also, the final plat shall conform to all applicable provisions of F.S. ch. 177.

5.18.2. Step 2—Review of comments. The land development regulation administrator shall transmit copies of the final plat and materials to the county health department, city engineer, city attorney, the water management district and other appropriate departments or agencies as the case may require for review and comment. The land development regulation administrator shall evaluate the comments from the appropriate departments and agencies and notify the subdivider of the status of the final plat.

5.18.3. Step 3—Action by city commission; conditions for approval. Following review by these agencies, the city commission shall consider and take action on the final plat at its next regularly scheduled meeting as part of a previously prepared agenda. The final plat shall conform with the preliminary plat as approved and, at the option of the subdivider, shall constitute only that portion of the approved preliminary plat which he or she proposes to record, provided, however, that such portion conforms with these Land Development Regulations. Approval by the city commission shall not be shown on the final plat until all requirements of these Land Development Regulations have been met and the following conditions have been complied with:

1.

Inspection. Upon completion of the improvements, the city commission or its authorized representative has inspected the construction work to determine that the work has been completed in a satisfactory manner and complies with the requirements of these Land Development Regulations or a surety device has been posted which meets the requirements of section 5.39;

2.

Blueprints, etc. Upon completion of improvements in the subdivision, the subdivider has submitted three blue line sets and one reproducible set of blueprints showing "as-built" improvements;

3.

Agreement. Subdivider's agreement as required in section 5.17.4 of these Land Development Regulations has been entered into by the subdivider and the city commission;

4.

Surveyor's certificate. Certificate of the surveyor has been executed (see section 5.38 and appendix A);

5.

Engineer's certificate. Certificate of the subdivider's engineer has been executed (see section 5.38 and appendix A) or a certificate of estimated cost (see appendix A) has been completed and a surety device has been provided by the subdivider to satisfy the requirements of section 5.39;

6.

Health certificate. Certificate of approval of the county health department has been executed (see section 5.38 and appendix A); and

7.

Attorney's certificate. Certificate of approval by the city attorney has been executed (see section 5.38 and appendix A).

5.18.4. Step 4—Recording. Upon final plat approval by the city commission, the subdivider shall submit the original and three copies of the approved final plat for execution to the land development regulation administrator. Upon execution, the subdivider shall take the signed original and one signed copy of the approved final plat to the clerk of the circuit court of the county for recording. The subdivider shall pay all recording costs. Two signed copies of the final plat shall be filed in the office of the land development regulation administrator.

Where required by these Land Development Regulations, the subdivider shall grade and improve streets; install sidewalks, street name signs, street lights, fire hydrants, and curbs and gutters, place monuments and corner stakes and install sanitary sewer and water mains and stormwater facilities in accordance with the specifications of these Land Development Regulations and any other specifications established by the city commission. The city commission may, if conditions warrant such action, require that improvements be designed and constructed to higher standards than are incorporated herein. Required improvements shall be paid for by the subdivider.

In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations:

1.

Applicable statutory provisions.

2.

The building code, and other applicable Land Development Regulations of the city.

3.

The Comprehensive Plan in effect at the time of submission.

4.

Rules and regulations of the Florida Department of Health, Florida Department of Environmental Protection, the appropriate water management district and other appropriate regional, state and federal agencies.

5.

Rules and regulations of the Florida Department of Transportation if the subdivision or any lot contained therein abuts a state highway or connecting street.

The subdivider shall maintain and repair all improvements which these Land Development Regulations require the subdivider to construct in the subdivision for a period of one year after the completion of the same. A final plat shall neither be approved by the city commission nor accepted for filing until the subdivider posts a maintenance bond to cover at least ten percent of the estimated costs of all required improvements for a period of one year (see appendix A). All defects which occur within one year after completion of all required improvements shall be remedied and corrected at the subdivider's expense.

Subdivisions which are located outside the corporate limits of the city but are to be connected to and serviced by city utilities such as water, sewage, and/or natural gas shall meet all the requirements of the applicable sections of these Land Development Regulations, as well as municipal regulations governing the design, construction, and connection of such utilities.

The subdivider shall adhere to the requirements of F.S. ch. 177, regarding the placement of all monuments.

5.23.1. Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with these Land Development Regulations of the city and other applicable regulations and in providing driveway access to buildings on such lots from an approved street.

5.23.2. Dimensions and design. Lot dimensions shall comply with any minimum standards as established within any Land Development Regulations of the city and provided, that the lot length shall not exceed three times the width of lots. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless variation from this rule will provide a better street or lot plan. The entrance of automobiles from the lot to the street shall be approximately at right angles or radial to street lines. Corner lots shall be sufficiently wider and larger to permit additional yard area. Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general stormwater drainage pattern for the area in accordance with approved construction plans (see article 7 of these Land Development Regulations).

5.23.3. Double frontage. Double frontage and reversed frontage lots shall be prohibited except where necessary to provide separation of residential development from existing streets or to overcome specific disadvantages of topography and orientation.

5.23.4. Access. Lots shall not derive access from an existing street except that lots may derive access from an existing local road and lots may derive access to an existing street within a minor subdivision (the terms "local road" and "minor subdivision" are defined in article 2 of these Land Development Regulations).

5.23.5. Corner stakes. The subdivider shall adhere to the requirements of F.A.C. ch. 21HH-6, regarding the placement of all corner stakes.

The proposed use of lots within any subdivision shall comply with those uses permitted by the Comprehensive Plan and these Land Development Regulations. Further, whenever any land in the city is subdivided, a building permit for the construction of a residence, commercial building or other principal structure shall not be issued for any such structure on less than a lot as platted within such subdivided land. No platted lot shall be used for vehicular access unless the lot is replatted as [a] right-of-way.

(Ord. No. 2-05, § 1(5.24), 1-24-2005)

The city commission may require the dedication to the public of public purpose sites (school sites, parks, playground, or other public areas) as are attributable by the city commission to the demand created by the subdivision. At the discretion of the city commission, the subdivider may be required to pay in cash an amount equal to the fair market value of such public purpose sites, said fair market value to be estimated on the basis of platted land without improvements.

5.26.1. General requirements.

1.

Comprehensive plan. The arrangements, character, extent, width, grade, and location of all streets shall conform with the Comprehensive Plan, where applicable, and shall be considered in their relations to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed uses of land to be served by such streets. Streets within a subdivision shall be dedicated to the perpetual use of the public and shall be designed and constructed in accordance with the standards established in these Land Development Regulations.

However, the city commission may approve private streets when constructed to the specifications of these Land Development Regulations and when adequate provision for initial installation and future private maintenance is made for such streets.

2.

FDOT specifications. Work performed under these Land Development Regulations concerning road right-of-way clearing and grubbing, earthwork, stabilizing, and construction of a base and surface course shall meet the minimum requirements of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition and amendments, where applicable, unless stated otherwise herein. These specifications are intended to govern the equipment, materials, construction methods, and quality control of the work, unless otherwise provided herein. The provisions of those specifications pertaining to basis of payment are not applicable to these Land Development Regulations.

3.

Unless future extension is clearly impractical or undesirable beyond a turnaround, rights-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining street.

4.

When a development lies along one side of a section line and no road or dedicated right-of-way exists along the opposite side of the section line, the subdivider shall:

a.

Dedicate the required right-of-way and install no improvements. However, no lots, tracts or parcels shall require access from such an unimproved right-of-way; or

b.

Construct a full road section on 80-foot (minimum) right-of-way and incorporate such road into street system or the development.

5.

When a development lies along one side of a section line and there exists previously dedicated unimproved right-of-way, the subdivider shall:

a.

Dedicate the required right-of-way and install no improvements. However, no lots, tracts or parcels shall require access from such unimproved right-of-way; or

b.

Construct a full road section centered on the right-of-way centerline or as right-of-way configuration requires and incorporates such road into street system for the development.

6.

When a development lies along a section line and there exists a roadway constructed along the opposite side of the section line, the subdivider shall:

a.

Dedicate the required right-of-way and not utilize the existing roadway to serve the development; or

b.

Dedicate the required right-of-way and utilize the existing roadway or further improve such roadway to serve the development.

5.26.2. Street improvement schedule. Street improvements shall be provided as required by the following schedule. Improvements shall conform with:

1.

Standard A, for commercial and industrial subdivisions with lot sizes of one acre or less.

Standard A1, for commercial and industrial subdivisions with lot sizes greater than one acre.

2.

Standard B, for residential subdivisions where any lot is less than or equal to 20,000 square feet.

3.

Standard C, for residential subdivisions where all lots are greater than 20,000 square feet but less than or equal to ten acres.

4.

Standard D, for residential subdivisions where all lots are greater than ten acres.

Where the proposed subdivision includes an existing street, said street shall also be improved as required to conform with this schedule. This requirement shall not apply to any abutting street which is not connected with the proposed subdivision's street system.

STANDARD IMPROVEMENT

5.26.2.13. Sidewalks. Concrete sidewalks shall be required for all subdivisions where lots are less than or equal to one acre in size. As a minimum requirement, sidewalks shall be located on one side of the street, which provides the most continuous pedestrian connection throughout the subdivision. Sidewalks shall be installed by the subdivider, provide curb cuts for bicycles and handicapped access, and constructed at least five feet wide and four inches thick.

(Ord. No. 2-05, § 1(5.26.2.13)1-24-2005)

5.26.2.14. Quality control. The subdivider shall be required to have a qualified soils and materials testing laboratory certify to the city commission that all materials and improvements entering into the completed work are in compliance with these Land Development Regulations. All costs shall be borne by the subdivider and copies of the test results shall be submitted to the city commission with the final plat. There shall be a minimum of one density test on subgrade and base for every 1,000 square yards each. There shall be a minimum of one Limerock Bearing Ratio (LBR) test for each one-half mile of roadway or fraction thereof. Additional tests for Limerock Bearing Ratio (LBR) shall be required if, in the opinion of the city, a change in the soil is apparent.

5.26.3. Design standards.

5.26.3.1. Topography and arrangement.

1.

Angles. Streets shall be laid out so as to intersect as nearly as possible at right angles (see appendix A). A proposed intersection of two new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. No more than two streets shall intersect at any one point unless specifically approved by the city commission.

2.

Topography. Streets shall be related appropriately to the topography. All streets shall be arranged so as to place as many building sites as possible at or above, the grades of the streets. Grades of streets shall conform as closely as possible with the original topography. A combination of steep grades and curves shall be avoided.

3.

Local streets. Local streets shall be laid out to discourage use by through traffic, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property.

4.

Street pattern. The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such configuration will result in a more desirable layout.

5.

Boundary lines. Proposed streets shall be extended to the boundary lines of the tract to be subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the city commission, such extension is neither necessary nor desirable for the coordination of the layout or the most advantageous future development of adjacent tracts.

6.

Commercial, industrial areas. In commercial and industrial development, the streets and other accessway shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic.

5.26.3.2. Blocks.

1.

Width. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to existing streets, railroads, or waterways.

2.

Dimensions. The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 2,200 feet, nor be less than 400 feet in length.

3.

Easements. In long blocks, the city commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic. Pedestrian ways or crosswalks, not less than ten feet wide, shall be required by the city commission through the center of blocks more than 800 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities.

5.26.3.3. Access to existing streets. Where a subdivision borders on or contains an existing street, the city commission shall require that access to such streets be limited by one of the following means.

1.

Backing. The subdivision of lots so as to back onto the existing street; no access shall be provided from the existing street and screening shall be provided in a strip of land along the rear property line of such lots.

2.

Marginal access street. A marginal access street separated from the existing street by a grass strip and having access thereto at suitable points.

3.

Cul-de-sac; U-shaped street. A series of cul-de-sacs, or U-shaped streets, entered from and designed generally at right angles to the existing street. Each proposed roadway or street shall be located no less than 1,000 feet apart where such streets connect with the existing street.

5.26.3.4. Street names. The following standards shall be followed in establishing street names:

1.

Different names. No two streets shall have the same name.

2.

Extensions. Streets in a proposed subdivision which are extensions of existing streets shall have the same name as the existing street.

3.

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

4.

City system. All street names shall conform to the city's street naming and addressing system.

5.

City commission. The city commission shall have final authority to approve the names of all streets.

5.26.3.5. Road and street signs.

1.

Road and street signs are traffic control signs such as stop signs, speed limit signs, etc., for all subdivisions. All road and street signs shall be designed in number and location to meet Florida Department of Transportation standards and shall be shown on the preliminary plat. Prior to approval of the final plat, the subdivider shall install such road and street signage as approved by the city commission and shall maintain and repair such signage as provided for in section 5.20 herein. In lieu of installation of such signage prior to the approval of the final plat, the posting of a surety device in accordance with section 5.39 herein shall be filed, approved and accepted by the city commission.

2.

Street name signs are signs within a subdivision which identify street names. Street name signs shall be placed, by the subdivider, at all intersections within or abutting the subdivision, the type and location of which to be approved by the city commission, shall be submitted as part of the preliminary plat and shall conform to the city's street naming and addressing system.

5.26.3.6. Street lights. Installation of street lights are required. Street lights shall be installed by the subdivider and constructed according to the standards of the city commission.

5.26.3.7. Reserve strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access to such street from property adjacent to the proposed subdivision.

5.26.3.8. Construction of roads and dead-end streets.

1.

Construction of roads. The arrangement of streets shall provide for the continuation of arterial and/or collector streets between the proposed subdivision and adjacent properties when such continuation is necessary to convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where such continuation is in accordance with the Comprehensive Plan.

If the property adjacent to the proposed subdivision is undeveloped and the street must temporarily be a stub street (a street planned for future continuation), the street right-of-way shall be extended to the property line of the proposed subdivision. All stub streets which are 250 feet or less shall have a temporary T- or L-shaped turnabout, while stub streets which are greater than 250 feet shall have a temporary cul-de-sac turnabout.

There shall be a notation on the final plat that land used for a temporary T- or L-shaped cul-de-sac or turnabout which is outside the normal street right-of-way shall revert to abutting land owners whenever the street is continued. The subdivider of the adjoining area shall pay the cost of restoring any stub street to its original design cross-section and extending the street. The city commission may limit the length of temporary stub streets in accordance with the design standards of these Land Development Regulations.

2.

Dead-end streets. Dead-end streets are not permitted in any proposed subdivision under these Land Development Regulations. For purposes of these Land Development Regulations, stub streets (streets planned for future continuation) are not to be considered dead-end streets.

5.26.3.9. Culs-de-sac streets. Culs-de-sac shall be provided with a turnaround having an outside roadway diameter of at least 80 feet, and a street property line diameter of at least 100 feet (see appendix A). Culs-de-sac shall have a maximum length of 800 feet including the turnaround. A cul-de-sac may exceed 800 feet, not to exceed 1,600 feet, where a roundabout is located at the intersection of two roadways within 600 feet to 1,000 feet from the terminus of the cul-de-sac. For the purposes of these regulations, a roundabout shall be designed so that approaching traffic must wait for a gap in the traffic flow before entering the intersection. The roundabout shall also contain a small landscaped center island. Further, the roundabout shall be designed with angles of deflection and flared approaches at entries so designed as to slow traffic and increase roadway capacity. The subdivider shall demonstrate that the dimensions of the roundabout will accommodate the larger turning radius of emergency and public service vehicles.

5.26.3.10. Intersections.

1.

Angles. Streets shall be laid out so as to intersect as nearly as possible at right angles (see appendix A). A proposed intersection of two new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. No more than two streets shall intersect at any one point unless specifically approved by the city commission.

2.

New intersections. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 125 feet shall not be permitted (see appendix A). Where proposed streets intersect major streets, their alignment shall be continuous.

3.

Curb radii. Minimum curb radii at the intersection of two local streets shall be at least 20 feet, and a minimum curb radius at an intersection involving a collector street shall be at least 25 feet. Abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

5.26.3.11. Widening and realignment of existing roads. Where a subdivision borders on an existing street or when the Comprehensive Plan or these Land Development Regulations, or other local, regional or state agency plan or program, indicates plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to dedicate at his or her expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be dedicated by the subdivider at his or her own expense to the full width as required by these Land Development Regulations.

(Ord. No. 8-03, §§ 1—6, 5-12-2003; Ord. No. 2-05, § 1(5.26.1, 5.26.2.13, 5.26.3.2), 1-24-2005)

(Refer to articles 7 and 8 of these Land Development Regulations.)

Where a publicly-owned sanitary sewer system is available as determined by the city commission, or is located within a one-mile radius of a centralized sanitary sewer system availability as determined by the city commission, the subdivider shall provide sanitary sewer services to each lot within the subdivision. All sewer lines serving lots within the subdivision shall be designed to operate on a gravity flow basis wherever possible. If a wearing surface (see section 5.26.2.11) and sanitary sewer lines are required, all sewer lines shall be installed by the subdivider prior to the paving of the street.

5.29.1. Where a publicly-owned water supply is available as determined by the city commission, or is located within a one-mile radius of a community potable water system availability as determined by the city commission, the subdivider shall provide a system of water mains and shall connect the system to such supply. If a wearing surface (see section 5.26.2.11) and water mains are required, all water lines shall be installed by the subdivider prior to the paving of the street.

5.29.2. Fire protection improvements shall be provided and shall be connected to a publicly-owned water system and shall include the installation of fire hydrants to water mains with a pipe size as specified within the City of Newberry Public Works Manual. The water distribution system shall be capable of delivering water pressures and volumes as specified within the City of Newberry Public Works Manual.

Within all residential subdivisions, where centralized potable water systems are provided, fire hydrants shall be located no more than 500 feet apart and within 250 feet of each lot. Within all commercial and industrial subdivisions and subdivisions containing residential and commercial/industrial uses fire hydrants shall be located no more than 500 feet apart and within 250 feet of each lot.

(Ord. No. 2-05, § 1(5.29.2), 1-24-2005)

New central water and sanitary sewer systems where required by the Comprehensive Plan shall be designed by a Florida registered engineer in accordance with all applicable regulations of the county health department, the Florida Department of Environmental Protection, the water management district, and the Florida Department of Health.

5.31.1. Location. Utility location within the road right-of-way shall be as shown in appendix A.

5.31.2. Easements. Normally, utility easements across lots or centered on rear or side lot lines will not be permitted. Where, due to topography or other circumstances beyond the control of the subdivider, such easements are deemed by the city commission to be necessary to the reasonable development of the property, such easements shall be at least 15 feet wide and centered as near as practical between the lots.

The preliminary plat shall be drawn clearly and legibly at a scale of at least one inch equals 200 feet using a sheet size of 24 inches by 36 inches, reserving a three-inch binding margin on the left side and one-half-inch margin on the other three sides (see appendix A). If more than one sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet.

Twelve sets of the preliminary plat and necessary supporting material shall be submitted in accordance with the procedure outlined in section 5.16 of these Land Development Regulations.

The preliminary plat shall contain the following information.

1.

Name. Proposed name of subdivision, and existing name if resubdivision is proposed.

2.

Subdivider, agent. Name, address, and telephone number of the subdivider and agent of the subdivider.

3.

Surveyor, engineer. Name, address, telephone number, and registration number of surveyor and engineer.

4.

Dates, north arrow, etc. Date of boundary survey, north arrow, graphic scale, date of plat drawing, and space for revision dates.

5.

Contours. Existing contours at five-foot intervals based on U.S. Coastal and Geodetic Datum for the tract to be subdivided and extending 25 feet beyond the tract boundary.

6.

Vicinity map. Vicinity map showing location with respect to existing roads, landmarks, section lines and quarter section lines, etc., and total acreage of the subdivision and total number of lots. The vicinity map shall be drawn to show clearly the information required, but not less than one inch to 2,000 feet. U.S. Geological Survey maps may be used as a reference guide for the vicinity map.

7.

Boundary. Boundary line of the tract, by bearing and distance, drawn by a heavy line.

8.

Description. Legal description of the tract to be subdivided.

9.

Adjoining land. Names of owners of adjoining land with their approximate acreage or, if developed, names of abutting subdivisions.

10.

Streets, utilities, easements. Existing streets, utilities, and easements on and adjacent to the tract, including the name, purpose, location, and size of each and the invert elevation of sewers.

11.

Improvements. Other existing improvements including buildings on or adjacent to the tract.

12.

Layout. Preliminary layout including streets and easements with dimensions and street names, lot lines with appropriate dimensions, land to be reserved or dedicated for public or common uses, and any land to be used for purposes other than single-family dwellings.

13.

Lot numbers, lines, etc. Block letters and lot numbers, lot lines, and scaled dimensions.

14.

Zoning. Zoning district boundaries on and abutting the tract.

15.

Utilities. Proposed method of water supply, sewage disposal, drainage, and street lighting.

16.

Setback. Minimum building front yard setback lines as required by these Land Development Regulations.

17.

Street cross-sections. Typical street cross-sections for each street type and the location of all road and street signs and street name signs as required within these Land Development Regulations shall also be noted on a separate sheet.

18.

Natural features. Natural features, including lakes, marshes or swamps, water courses, wooded areas, and land subject to the 100-year flood as defined by the Federal Emergency Management Agency, official flood maps.

19.

Drainage. Surface drainage and direction of flow and method of disposition and retention indicated.

20.

Soil. Soil survey map.

21.

Subsurface. Subsurface conditions of the tract showing: subsurface soil, rock and ground water conditions, location and results of soil percolation tests, and location and extent of muck pockets.

22.

Restrictions. Existing and proposed covenants and restrictions.

23.

Inscription. Inscription stating "NOT FOR FINAL RECORDING."

24.

Other information. Any other information that may be considered necessary by either the subdivider, the planning and zoning board or the city commission for full and proper consideration of the proposed subdivision.

Plans for the required improvements shall be prepared for the approval of the city commission prior to construction and either at the time of submission of the preliminary plat or after approval of the preliminary plat. Construction plans shall show the proposed locations, sizes, grades, and general design features of each facility.

5.34.1. Required materials for submission. Twelve sets of construction plans and necessary supporting material shall be submitted in accordance with the procedure outlined in section 5.17 of these Land Development Regulations.

5.34.2.Plans specifications. Construction plans shall be drawn to a scale of one inch represents 200 feet or larger and shall consist of the following:

1.

Topographic map. A topographic map of the subdivision with a maximum contour interval of one foot where overall slopes are zero percent to two percent, two feet where slopes are over two percent, based on United States Coastal and Geodetic Datum. This topographic map shall be prepared by a land surveyor.

2.

Contour drainage map. A contour drainage map of the basins within the proposed subdivision, with the size of each basin shown in acres. The outlines and sizes, in acres, of all existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. Each drainage area shall be clearly delineated. Flow paths shall be indicated throughout. Existing and proposed structures affecting the drainage shall be shown.

3.

Improvements. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, and other proposed subdivision improvements.

4.

Streets, curbs. Plans and profiles for all proposed streets and curbs are required. Where proposed streets intersect existing streets, elevations and other pertinent details shall be shown for existing streets for a minimum distance of 300 feet from point of intersection.

5.

Water, sewer. Plans of any proposed water distribution system and sanitary sewer collection system showing pipe sizes and location of valves, pumping stations and fire hydrants, where the installation of such facilities are required by these Land Development Regulations.

6.

Signs. Plans for all road and street signs and street name signs showing the location of such signage and any other traffic safety control devices which is required or proposed. In addition, the specifications for such signage shall be provided as part of this plan, which shall detail in diagram form as necessary the size, material, color, and specifications for installation of such signage.

7.

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

The subdivider's agreement required in section 5.17.4 shall specify the following:

1.

Work; time. The work to be done, and the time specified therefor, by the subdivider.

2.

Variances. The variances, if any, approved by the city commission to standard requirements (see article 12 of these Land Development Regulations).

3.

City commission. The participation in the development, if any, by the city commission and the time for completion of such work.

4.

Lien. The lien, if any, imposed upon the land of the subdivider for any work performed by the city commission.

5.

Utility lines. The conveyance by the subdivider to the city of all required water, sanitary sewer, and storm sewer lines installed within dedicated public rights-of-way.

6.

Maintenance. The agreement of the subdivider to maintain and repair all improvements which these Land Development Regulations require the subdivider to install in the subdivision for a period of one year after completion of the same.

The final plat shall be drawn clearly and legibly in ink at a scale of at least one inch equals 200 feet using a sheet size of 24 inches by 36 inches. Each sheet shall be drawn with a marginal line completely around the sheet and placed so as to leave a three-inch binding margin on the left side and a one-half-inch margin on the other three sides (see appendix A). If more than one sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet.

Twelve sets of the final plat and necessary supporting material shall be submitted in accordance with the procedure outlined in section 5.18 of these Land Development Regulations.

1.

Name. Name of subdivision shall be shown in bold legible letters, as stated in F.S. ch. 177. The name of the subdivision shall be shown on each sheet included and shall have legible lettering of the same size and type including the words "section," "unit," "replat," "amended," etc.

2.

Subdivider. Name and address of subdivider.

3.

Date, north arrow, etc. North arrow, graphic scale, and date of plat drawing.

4.

Vicinity map. Vicinity map showing location with respect to existing streets, landmarks, etc., and total acreage of the subdivision and total number of lots. The vicinity map 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 vicinity map.

5.

Boundary. Exact boundary line of the tract, determined by a field survey, giving distances to the nearest 1/100 foot and angles to the nearest minute, shall be balanced and closed with an apparent error of closure not to exceed one in 5,000.

6.

Description. Legal description of the tract.

7.

Adjoining lands. Names of owners of adjoining lands with their approximate acreage or, if developed, names of abutting subdivisions.

8.

Streams, lakes, etc. Location of streams, lakes and swamps, and land subject to the 100-year flood as defined by the Federal Emergency Management Agency, official flood maps.

9.

Monuments. Bearing and distance to permanent points on the nearest existing street lines of bench marks or other permanent monuments (not less than three) shall be accurately described on the plat.

10.

Municipal lines. Municipal lines shall be accurately tied to the lines of the subdivision by distance and angles when such lines traverse or are reasonably close to the subdivision.

11.

Land lot corner. The closest land lot corner shall be accurately tied to the lines of the subdivision by distance and angles.

12.

Public use. Location, dimensions, and purposes of any land reserved or dedicated for public use.

13.

Streets. Exact locations, width, and names of all streets within and immediately adjoining the new subdivision.

14.

Street angles, etc. Street right-of-way lines shall show deflection angles of intersection, radii, and lines of tangents.

15.

Lot lines. Lot lines shall be shown with dimensions to the nearest 1/100 foot and bearings.

16.

Lot numbers. Lots shall be numbered in numerical order and blocks lettered alphabetically.

17.

Markers. Accurate location and description of monuments and markers.

18.

Setback. Minimum building front yard setback lines as required by these Land Development Regulations.

19.

Adjoining land. Reference to recorded subdivision plats of adjoining platted land shall be shown by recorded names, plat book, and page number.

20.

Restrictions. Covenants and restrictions notice in accordance with F.S. § 177.091(28).

The following certificates shall appear on the final plat. Certificates listed within this section shall be properly signed before the final plat is submitted to the city commission and the certificate of approval by the city commission shall be properly signed after the final plat is approved by the city commission (see appendix A).

1.

Certificate of surveyor.

2.

Certificate of the subdivider's engineer.

3.

Certificate of approval by county health department.

4.

Certificate of approval by the attorney for the city.

5.

Certificate of approval by the city commission.

A final plat shall neither be approved by the City commission nor accepted for filing until the improvements required by these Land Development Regulations have been constructed in a satisfactory manner or, in lieu of such construction, the posting of a surety device. Such surety, in the form of a surety bond, performance bond, escrow agreement, irrevocable letter of credit, construction loan agreement (as outlined in Section 5.39.4 below), or other collateral (the form of which to be approved by the attorney for the City) shall be filed with the City commission. Such surety shall:

5.39.1. Coverage. Cover at least 120 percent of the estimated cost of all required improvements such as streets, drainage, fill, and other public improvements with estimated costs provided by the applicant's State of Florida registered engineer. A certificate of the estimated cost shall appear on the final plat (see appendix A). This certificate shall be properly signed before the final plat is submitted to the City Commission. This estimated cost shall represent the total estimated cost of installing all required improvements. Such estimate shall be prepared by a registered engineer. As an alternative to the above, bids of two licensed contractors or a copy of all executed contracts for the installation of the above-mentioned improvements may be submitted.

5.39.2. Conditions. Be conditioned upon the faithful performance by the subdivider of all work required to complete all improvements and installations for the subdivision or unit division thereof, in compliance with these Land Development Regulations and within a specified time as determined between the subdivider and the City commission. The City, after 60 days' written notice to the applicant, shall have the right to bring action or suit on the surety device for the completion of the improvements in the event of default by the applicant or failure of the applicant to complete such improvements within the time required, allowing for properly approved extensions by the City Commission.

5.39.3. Payment. Be payable to, and for the indemnification of, the City Commission.

5.39.4. Construction Loan Agreement. Deposit with the City a construction loan agreement in the amount of at least 120 percent of the estimated cost of the required subdivision improvements, which agreement shall be entered into by a recognized lending institution with the subdivider for the benefit of and satisfactory to the City, providing that:

1.

The lending institution will make payments on the proceeds of the loan to the City if the subdivision improvements are not completed and approved by the City within the time required;

2.

No payments of proceeds of the portion of the loan reserved for improvements shall be made to anyone until the City has approved the payment, which approval will be given if work is accomplished in accordance with approved plans and specifications and ordinances of the City. There will be an inspection/review fee of $200.00 for each loan draw inspection and review performed by City personnel (this does not include spot construction inspections conducted by Utility/Public Works personnel, which are no charge to the developer); and

3.

At no time will the loan proceeds be expended by that lending institution in excess of 75 percent of the estimated costs of the required subdivision improvements until all the improvements are completed and so certified to by the City.

4.

It shall be the owner/developer's responsibility to retain an engineering firm to inspect the proposed improvements during construction. Prior to the start of construction, the owner/developer will identify a single point of contact (Engineer of Record for Inspection) with whom the Public Works Department will conduct all communications. The Engineer of Record for Inspection will be responsible for establishing and certifying all infrastructure improvements are built in accordance with the plans and in accordance with FDOT standards, to include testing schedules and test result reviews.

5.39.5. Combination. Use a combination of the allowable security types as provided for in this section in order to reach the total of 120 percent of estimated costs of required subdivision improvements.

(Ord. No. 2018-21, § 1, 1-28-2019)

5.40.1.Dedication. A dedication to the public by the owners of the land involved of all streets, drainage easements, and other rights-of-way however designated and shown on the plat for perpetual use for public purposes, including vehicular access rights where required. If the property is encumbered by a mortgage, the owner of the mortgage shall join in the dedication or in some other manner subordinate the mortgagee's interest to the dedication of public rights-of-way.

5.40.2. Certificate of payment of taxes. Certification that all payable taxes have been paid and all tax sales against the land redeemed.

5.40.3. Certificate of title and encumbrances. Title certification as required by F.S. ch. 177 and in addition to the listing of all apparent owners the subdivider shall include all easements that encumber the land.

(Ord. No. 2-05, § 1(5.40.3), 1-24-2005)