A.

These regulations shall govern all subdivisions of land within the corporate limits of the City of Panama City, Florida, as now or hereafter established.

B.

The purpose of this chapter is to establish procedures and standards for the development and subdivision of real estate within the corporate limits of the City of Panama City, Florida, in an effort to, among other things, ensure proper legal description, identification, location and recording of real estate boundaries; further orderly layout and appropriate use of land; provide safe, convenient, and economic circulation of vehicular traffic; provide street lighting adequate to facilitate the observation of pedestrians adjacent to all vehicle use areas; provide suitable building sites which drain properly and are readily accessible to emergency vehicles; assure the installation of improvements; help conserve and protect the physical, economic and scenic resources of the City of Panama City; and promote the public health, safety and general welfare.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Subdivision plat required. No real property shall be divided into three or more lots for the purpose, whether immediate or future, of sale or other transfer of ownership, nor shall development plans be approved or permits issued, without compliance with the requirements of this chapter.

B.

Exemptions. The following activities shall be exempt from the requirements of a subdivision plat:

1.

The combination or recombination of previously platted lots or portions of lots, where the overall number of lots is not increased, current lot pattern is maintained, and all resultant lots meet or exceed the dimensional standards of this chapter.

2.

The public acquisition of strips of land for the widening or opening of streets.

3.

A minor subdivision shall be exempt from the review and approval of a plat, however development plans meeting the requirements of this chapter shall be reviewed by the technical review committee and approved by the planning director.

i.

A minor subdivision is defined as meeting all of the following criteria:

a.

No adjoining lots, tracts, or parcels are in the same ownership.

b.

No new streets are proposed or required.

c.

No dedication of right-of-way, drainage areas, conservation areas, or other publicly maintained property is proposed or required.

d.

All proposed lots meet or exceed the dimensional requirements of this ULDC and required private easements for utility, drainage, conservation, or other purposes are delineated.

e.

Water and sewer services are available to serve the property.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Where a lot was a subdivided lot of record and the lot was usable as a conforming single-family residential building site at the time of recording, the lot may be used and occupied by a single-family dwelling and its accessory buildings provided the development complies with the minimum yard setbacks of the current zoning district.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

The following procedures for securing subdivision plat approval shall be followed in submitting, reviewing, and acting upon all subdivision plats within the city limits of Panama City, Florida.

1.

Submittal and approval of subdivision sketch plan.

2.

Submittal and approval of preliminary plat.

3.

Submittal and approval of final plat.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Subdivision sketch plan. As the first step in the plat review procedure, the subdivider shall submit a sketch plan.

1.

The sketch plan shall be drawn at an approximate scale of 200 feet to one inch or at such other scale as the city engineer may direct and shall show:

i.

Total acreage in the tract to be subdivided.

ii.

Tentative street and lot arrangement.

iii.

Approximate rights-of-way, measurements, and lot lines.

iv.

Wooded areas, including the location of any heritage or protected trees as defined in section 106-22, and existing and proposed uses of land throughout the subdivision.

v.

Proposed waterways.

vi.

Zoning classification of the tract.

B.

Within five business days of receipt of a subdivision sketch plan, the department shall:

1.

Determine that the submittals are incomplete and inform the developer in writing as to the deficiencies. The developer may cure the deficiencies within five days and have the subdivision sketch plan remain in the current review cycle; or

2.

Determine that the submittals are complete and proceed with the following procedures.

C.

The subdivision sketch plan shall be reviewed by the technical review committee within 30 days of submittal of an application. The applicant will be notified of the comments from the technical review committee review. The subdivision sketch plan shall then be placed on an agenda for the planning board meeting which is within 45 days following issuance of the recommendation for approval by the TRC.

D.

Within ten working days after the committee meets to consider the plan and comments, the planning director shall issue a written report setting forth the recommendations of the technical review committee. The subdivision sketch plan shall then be placed on an agenda for the planning board meeting which is within 45 days following issuance of the recommendation by the TRC.

E.

At the time the sketch plan is reviewed by the planning board, the subdivider or his representative shall discuss plans, which he may have for development of the proposed subdivision. After the sketch plan has been reviewed by the planning board and the subdivider has agreed to meet the requirements of this chapter, the subdivider shall prepare the preliminary plat.

F.

The sketch plan, after being reviewed by the planning board, shall be valid for one year. If the subdivider does not submit the preliminary plat to the city for review within one year of the planning board's approval of the sketch plan, the subdivider shall be required to submit a new sketch plan, along with the applicable fees, to the planning board for review.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

As the second step in the plat review procedure, the subdivider shall submit a preliminary plat.

A.

The subdivider shall submit the preliminary plat and any required exhibits to the planning department. The number of copies to be submitted will be determined by the planning department to ensure the city receives a sufficient amount for all reviewers.

B.

The preliminary plat shall be prepared by a professional surveyor, or professional certified engineer in the State of Florida at a scale of 100 feet to one inch or such other scale as approved by the city surveyor. The city surveyor shall also approve sheet size and title block. The following information shall be shown on the preliminary plat or on sheets attached thereto:

1.

General information.

i.

Name of subdivision, owner, and surveyor or engineer.

ii.

Date of survey and plat preparation, north point, and graphic scale.

iii.

Surveyor's certificate of accuracy.

iv.

Legal description of tract of land to be subdivided.

v.

Total acreage in tract, acreage in public or other land usage, total number of lots, linear feet in streets.

vi.

Names and locations of adjoining subdivisions and streets. Existing zoning classification of the tract.

vii.

A vicinity map drawn to a scale of 400 feet to one inch. A smaller scale is permissible if approved by the city surveyor.

viii.

Index of sheets in submission material.

ix.

Other supplemented materials, including any deed restrictions and protective covenants proposed for the subdivision and any other information considered by the subdivider, the planning board or city surveyor to be pertinent to the review of the preliminary plat.

2.

Existing site data.

i.

City limit lines, property lines, rights-of-way, easements, streets, railroads, utility transmission lines, streetlights, storm sewers, ditches and culverts, fire hydrants, sanitary sewers, water mains, bridges, buildings and bulkheads.

ii.

Boundaries of the tract to be subdivided with all bearings and distances indicated along with a certificate of title for the tract.

iii.

Wooded areas, marshes, watercourses, ponds, and other similar conditions affecting the site.

iv.

Topography of the site at a contour interval of two feet.

v.

Soil tests as may be required by the city engineer.

vi.

Tree survey showing protected and heritage trees on the property.

3.

Proposed site data.

i.

Street rights-of-way, pavement widths, grades and street names. (Street profiles and cross sections shall be provided when required by the city engineer.)

ii.

Other rights-of-way or easements, including location, dimensions, and purposes.

iii.

Plans for sanitary sewers, storm sewers, water lines, or proposals for developing new water supply, storm drainage, and sewage disposal systems. (Storm and sanitary sewer profiles and cross sections shall be provided when required by the city engineer.)

iv.

Contour changes or any created water bodies or changed watercourses.

v.

Bulkheads and bridges, if any.

vi.

Lot lines, lot dimensions, lot and block numbers, and building setback lines along street rights-of-way.

vii.

Parks, school sites, and other public areas, if any.

viii.

Areas to be used for purposes other than residential and public, if any, and with the purpose, location, and dimensions, ownership and maintenance responsibilities of each indicated

ix.

Areas to be used for purposes other than residential and public, if any, and with the purpose, location and dimensions of each indicated.

C.

Within five business days of receipt of a preliminary plat, the department shall:

1.

Determine that the submittals are incomplete and inform the developer in writing as to the deficiencies. The developer may cure the deficiencies within five days and have the preliminary plat remain in the current review cycle. Thereafter, the developer may cure the deficiencies within six months without payment of a reapplication fee, but, if more than six months has elapsed, must thereafter re-initiate the application and pay an additional fee; or,

2.

Determine that the submittals are complete and proceed with the following procedures.

D.

The preliminary plat shall be reviewed by the technical review committee within 30 days of submittal of an application. The applicant will be notified of the date and location of the technical review committee review.

E.

Within ten working days after the committee meets to consider the plan and comments, the planning director shall issue a written report setting forth the recommendations of the technical review committee. The preliminary plat shall then be placed on a planning board agenda for a planning board meeting which is within 45 days following issuance of a recommendation by the TRC.

F.

Planning board review.

1.

Upon completion of the preliminary plat review, the planning board shall recommend that the city commission approve, approve conditionally, or disapprove the preliminary plat. The planning board may continue the review of the preliminary plat for good cause.

i.

In case of a recommendation for conditional approval, the conditions to be met shall be specified in writing and reference shall be made to the specific sections of this chapter, with which the preliminary plat does not comply.

ii.

When a recommendation is made that a preliminary plat be disapproved, the planning board shall specify the reasons for such recommendation in writing.

iii.

After action by the planning board, the planning director shall schedule the application for a city commission meeting which is within 30 days of the said action by the planning board and shall notify the applicant of the commission meeting. A copy of any written report on the application submitted to the city commission by the planning director shall be made available to the applicant. If applicant requests a delay in the transmittal of the preliminary plat to the city commission in writing, the delay may only be for six months

G.

City commission action.

1.

The preliminary plat shall be approved, disapproved or tabled for cause by the city commission.

2.

The signature of the mayor shall indicate approval of the preliminary plat.

3.

If the preliminary plat is disapproved by the city commission, the reasons for disapproval shall be specified in writing and reference shall be made to the specified sections of this chapter with which the preliminary plat does not apply. The subdivider may make recommended changes and resubmit the preliminary plat for approval by the city commission.

H.

Approval of preliminary plat.

1.

Upon approval of the preliminary plat by the city commission, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the preliminary plat as approved and the requirements of this chapter.

2.

Approval of the preliminary plat shall not be construed as authority for filing of the plat with the Clerk of Circuit Court of Bay County, nor as authority for the sale of lots in reference thereto. Approval of the preliminary plat shall, however, authorize the subdivider at his own risk prior to approval of the final plat to:

i.

Perform required improvements; subject to the requirements of section 111-8(B); or

ii.

Post a surety bond for required infrastructure improvements, as approved by the city attorney; or

iii.

Place a certified check or cash in escrow account to cover the cost of the required infrastructure improvements.

3.

Complete the appropriate form indicating which mechanism will be utilized to construct the required infrastructure. No clearing of trees on any lots or proposed building lots shall commence until a final plat has been approved and recorded and until a valid development order has been issued for that specific lot.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

As the third step in the plat action procedure, the subdivider shall submit a final plat. Submission of a final plat shall be required of every subdivider nor any street accepted and maintained by the city, nor shall any permit be issued by the chief building official for the construction of any building within such subdivision unless and until the final plat has been approved by the planning board and the city commission, and duly recorded by the Clerk of the Circuit Court, Bay County, Florida. Before submitting the final plat for review by the city commission, the subdivider shall have met all the requirements of sections 111-9 and 111-10 of this chapter.

A.

Application procedure.

1.

The subdivider shall submit as the final plat only that portion of the approved preliminary plat which the subdivider proposes to record and develop at this time; such portion shall conform to all requirements of this chapter.

2.

The subdivider shall submit the final plat to the city at least 30 days prior to the planning board meeting at which time the final plat is intended to be scheduled on the planning board's agenda. The number of copies to be submitted will be determined by the planning department to ensure the city receives a sufficient amount for all reviewers.

3.

After the review of the final plat by the planning board, the final plat will then be forwarded to the city commission for their approval. An additional copy of the final plat shall be drawn or printed on mylar or other similar durable material for recording by the Bay County Clerk of the Circuit Court and the City of Panama City.

4.

At the time of submission of the final plat, the subdivider shall pay to the City of Panama City a fee as set by resolution of the city commission. The fee is for the purpose of administration and inspection of site improvements.

5.

Failure to apply for final plat approval within two years of preliminary plat approval shall result in the revocation of the preliminary plat approval. A time extension may be granted if the planning board recommends it and it is approved by the city commission.

B.

Required exhibits. The final plat shall be prepared by a currently registered surveyor or engineer at a scale of either 100 feet to one inch or such other scale as approved by the city surveyor. The following information shall be shown on the final plat or on sheets attached thereto:

1.

General information.

i.

Name of subdivision, owner and surveyor or engineer.

ii.

Date of survey and plat preparation, north point and graphic scale.

iii.

Names and locations of adjoining subdivisions and streets.

iv.

Deed restrictions or protective covenants for the subdivision, if any.

2.

Survey data.

i.

Exact boundaries of the tract to be subdivided.

ii.

Legal description of tract of land to be submitted.

iii.

Accurate location and description of all monuments, markers, and control points.

iv.

Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and setback line, including linear dimensions, bearings or deflection angles, radii, arcs, chords, and central angles. (All dimensions shall be measured to the nearest one-tenth of a foot and all angles to the nearest minute.)

3.

Site data.

i.

All rights-of-way, easements, and areas to be dedicated to public use with the purpose of each stated.

ii.

Areas to be used for purposes other than residential and public, if any, with the purpose, location, dimensions, ownership and maintenance responsibilities of each indicated.

iii.

Lot and block numbers and street names.

iv.

Such cross sections and profiles of streets as may be required by the city engineer.

v.

Such as-built surveys for water, sanitary sewers, and storm sewer systems, showing sizes, cross section and profiles as required by the city engineer and utilities director.

vi.

Such as-built surveys of bulkheads, bridges, and sidewalks, if any, showing cross sections and profiles as required by the city commission.

4.

Signed certificates. The following certificates shall also appear on each copy of the final plat, which is submitted to the city commission. Certificates (1), (2), (3), (4), and (5) shall be properly signed before the final plat is submitted to the city commission. Certificates (6), and (7) shall be properly signed after the city commission approves the final plat.

i.

Number (1): Certificate of Ownership and Dedication.

I hereby certify that I am the owner of the property shown and described hereon and that I hereby adopt this plan of subdivision with my free consent, establish minimum setback lines and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I dedicate any and all storm sewer, sanitary sewer and water lines to the City of Panama City, Florida, as noted.

Signed on this the ___ day of _____, (year).

By: _____
(Name)

Bar No.: _______

ii.

Number (2): Title opinion.

This is to certify that I have personally examined the title to the lands platted hereon and find title is vested in    (Subdivider)    and that there are no unsatisfied mortgages on said lands. This certification is based upon the best of my knowledge and belief, this ___ day of _____, (year).

By: _____
(Name)

Bar No.: _______

iii.

Number (3): Certificate of Surveyor.

Know all men by these presents, that the undersigned being a licensed and registered land surveyor, does hereby certify that on _____/_____/_____ he/she completed the surveying of the lands as shown in the accompanying plat, that said plat is a correct representation of the lands therein described and platted; that permanent reference monuments have been placed as shown thereon and complies with the requirements of Chapter 177, Florida Statutes; and that said land is located in Bay County, Florida. Signed on this the ___ day of _____, (year).

By: _____
(Name)

Florida License No.: _______

iv.

Number (4): Certificate of approval of the Design and Installation of Streets, Utilities and Other Required Improvements.

I hereby certify that all streets, utilities and other required improvements have been installed in an acceptable manner and according to City specifications and standards and all applicable regulations in the _______ Subdivision or that a guarantee of the installation of the required improvements in a manner according to section 111-8 has been received. Signed on this the ___ day of _____, (year).

By: _____
(Name) City Engineer

Florida Registration No.:
_______
City Engineer

v.

Number (5): Certificate of City Surveyor.

I hereby certify that I have reviewed the plat of the _______ subdivision, and hereby certify that it complies with all the requirements of Chapter 177, Florida Statutes. Signed on this the ___ day of _____, (year).

By: _____
(Name) City Surveyor

Florida License No.: _______

vi.

Number (6): Certificate of Approval by the City Commission.

The Panama City - City Commission hereby approved the Final Plat for the _______ Subdivision. Signed on this the ___ day of _____, (year).

By: _____
(Name) Mayor

By: _____
(Name) Commissioner Ward I

By: _____
(Name) Commissioner Ward II

By: _____
(Name) Commissioner Ward III

By: _____
(Name) Commissioner Ward IV

vii.

Number (7): Certificate of Approval by the City Manager.

I hereby certify that I have examined the Final Plat for the _______ Subdivision, and find that it conforms to applicable regulations for subdivisions in Bay County, Florida. Signed on this the ___ day of _____, (year).

By: _____
(Name) City Manager

C.

City commission action.

1.

The city commission shall approve, disapprove or table for cause within 45 days of the date such plat was submitted to the city. Failure of the city commission to act within 45 days shall constitute final plat approval.

2.

Before acting on the final plat, the city commission shall receive a written summary report from the city surveyor certifying compliance with or noting deviations from the approved preliminary plat and the requirements of these regulations.

3.

During its review, the city commission may appoint an engineer or surveyor to check the accuracy of the final plat. If substantial errors are found, the costs to resurvey will be charged to the subdivider.

4.

If the final plat meets all the requirements of this chapter and complies with the approved preliminary plat, the city commission shall approve the final plat and indicate its approval on each copy by signature of the mayor.

5.

When approved by the city commission, a copy of the final plat shall be returned to the city after recording. The subdivider shall file the approved final plat with the Bay County Clerk of the Circuit Court after its approval by the city commission or such approval shall be null and void. Before the recording of the plat, the plat must reflect all conditions and changes requested by the city commission. Recording fee to be paid by subdivider.

6.

If the final plat is disapproved by the city commission, the reasons for disapproval shall be stated in writing and reference shall be made to the sections of this chapter with which the final plat does not comply. A copy of such explanation shall be sent to subdivider.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Should the subdivider choose to process both the preliminary plat and the final plat at the same time, the following review process shall be followed.

A.

Application procedure.

1.

The application shall state that the combined preliminary plat and final plat process has been chosen by the subdivider.

2.

The subdivider shall submit the preliminary plat/final plat and any required exhibits to the planning department. The number of copies to be submitted will be determined by the planning department to ensure the city receives a sufficient amount for all reviewers. At the time of submission of the preliminary plat/final plat, the subdivider shall pay to the city a fee for purposes of administration that reflects the fee of the preliminary plat and shall also include the recording fee.

3.

At the time of recording of the final plat, the subdivider shall pay to the city a fee as set by resolution of the city commission. The fee is for the purpose of administration and inspection of site improvements.

B.

Required exhibits. The preliminary plat/final plat shall be prepared by a currently registered surveyor or engineer at a scale of either 100 feet to one inch or such other scale as approved by the city surveyor. The city surveyor shall also approve sheet size and title block. The following information shall be shown on the preliminary plat or on sheets attached thereto. The information required for both the preliminary plat and the final plat per sections 111-5(B) and 111-6(B) shall be shown on the preliminary plat/final plat submission or on sheets attached thereto.

C.

Within five days of receipt of a preliminary plat/final plat, the department shall:

1.

Determine that the submittals are incomplete and inform the developer in writing as to the deficiencies. The developer may cure the deficiencies within five days and have the preliminary plat/final plat remain in the current review cycle. Thereafter, the developer may cure the deficiencies within six months without payment of a reapplication fee, but, if more than six months has elapsed, must thereafter re-initiate the application and pay an additional fee; or

2.

Determine that the submittals are complete and proceed with the following procedures.

D.

The preliminary plat/final plat shall be reviewed by the technical review committee within 30 days of submittal of an application. The applicant will be notified of the date and location of the technical review committee review.

E.

Within ten working days after the committee meets to consider the plan and comments, the planning director shall issue a written report setting forth the recommendations of the technical review committee. The preliminary plat/final plat shall then be placed on a planning board agenda for a planning board meeting which is within 30 days following issuance of a recommendation by the TRC.

F.

Planning board review.

1.

Upon completion of the preliminary plat/final plat review, the planning board shall recommend that the city commission approve, approve conditionally, or disapprove the preliminary plat/final plat. The planning board may continue the review of the preliminary plat/final plat for good cause.

i.

In case of a recommendation for conditional approval, the conditions to be met shall be specified in writing and reference shall be made to the specific sections of this chapter, with which the preliminary plat/final plat does not comply.

ii.

When a recommendation is made that a preliminary plat/final plat be disapproved, the planning board shall specify the reasons for such recommendation in writing.

iii.

After action by the planning board, the planning director shall schedule the application for a city commission meeting which is within 25 days of the said action by the planning board and shall notify the applicant of the commission meeting. A copy of any written report on the application submitted to the city commission by the planning director shall be made available to the applicant.

G.

City commission action.

1.

The city commission shall approve, disapprove or table for cause the preliminary plat/final plat.

2.

If the preliminary plat/final plat meets all the requirements of this chapter, the city commission shall approve the preliminary plat/final plat and indicate its approval on each copy by signature of the mayor. If the preliminary plat/final plat does not meet the requirements of this chapter, the city commission may place conditions upon the plat that must be addressed prior to recording of the plat.

3.

If the preliminary plat/final plat is disapproved by the city commission, the reasons for disapproval shall be stated in writing and reference shall be made to the sections of this chapter with which the preliminary plat/final plat does not comply. A copy of such explanation shall be sent to the planning board and to the subdivider.

H.

Before submitting the preliminary plat/final plat for recording, the subdivider shall have met all the requirements of parts sections 111-8(B) and 111-9.

1.

The subdivider shall submit the preliminary plat/final plat to the city. The number of copies to be submitted will be determined by the planning department to ensure the city receives a sufficient amount for all reviewers. One copy of the preliminary plat/final plat shall be drawn or printed on cronaflex, mylar, or other similar durable material for recording by the Bay County Clerk of the Court and the city.

2.

The city shall file the approved preliminary plat/final plat with the Bay County Clerk of the Court after the subdivider has resubmitted the plat addressing the conditions required by the city commission. If a revised plat has not been resubmitted within one year after the city commission approved with conditions such approval shall be null and void. When approved by the city commission, a copy of the preliminary plat/final plat shall be returned to the subdivider after recording.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Final plats for subdivisions within the city limits of Panama City shall not be approved until the subdivider has installed the required improvements listed in section 111-8(B) or has guaranteed to the satisfaction of the city, according to section 111-8(C), that such improvements will be installed.

B.

Required improvements.

1.

All required improvements shall be installed before the final plat is approved and constructed in conformity with the requirements and standards set forth in this chapter and all other specifications of the City of Panama City. All improvement plans and improvements shall be inspected and approved by the city engineer as conforming to this chapter and all other city specifications.

2.

Improvements required. The following improvements are required:

i.

Survey reference markers.

ii.

Street grading, base preparation, and paving.

iii.

Storm drainage system and including retention areas, if required.

iv.

Curbs and gutters.

v.

Sidewalks.

vi.

Sanitary sewage disposal system.

vii.

Water supply system.

viii.

Street name markers.

ix.

Bulkheads, if any.

x.

Bridges, if any.

xi.

Replacement trees, as required by the ULDC.

C.

Streetlights. Subdivider's guarantee in lieu of all improvements installation.

1.

The subdivider's guarantee, in lieu of all improvements installation, shall be a performance of surety bond satisfactory to the city attorney as to form and content, or a certified check; or cash deposited in an escrow account with interest accruing to subdivider.

2.

The subdivider's guarantee, regardless of form, shall provide that the improvements required shall be completed within one year from the date the certified check or surety bond is posted with the.

3.

Assurance of maintenance of street lights. The subdivider shall provide for the perpetual maintenance, repair, replacement, and operation of street lights through a homeowners' association (HOA) agreement.

4.

Failure to complete improvements. Failure to complete the improvements within one year shall be cause for default and the city shall take such remedial steps as necessary to complete construction as otherwise required herein utilizing the certified check or calling upon the surety for faithful performance. The amount of such guarantees shall be in an amount that is 110 percent of the construction costs of all improvements, including landfill, as estimated by the city engineer. The bonding company shall meet city specifications.

D.

Maintenance guarantee of improvements. The city commission shall require cash in escrow or maintenance warranty bond guaranteeing all improvements against defects for one year after the acceptance of such improvements by the City of Panama City. (Such improvements must be accepted, accepted with conditions, or rejected by the city within 60 days following the installation of improvements.) This bond, satisfactory to the city attorney as to form and content, shall be in the amount of ten percent of the construction costs and shall be submitted in acceptable form when the city accepts the improvements.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Generally.

1.

Approval of the final plat shall be subject to the subdivider having installed the required improvements or having guaranteed with proper bond, according to section 111-9; the installation of said improvements. The city engineer shall be responsible for inspecting and approving all improvement plans and improvements for consistency with improvement specifications on file in the city engineer's office.

2.

The following requirements shall be minimum requirements. Where other official engineering and public works standards and specifications are more stringent, such higher standards shall be used.

B.

Permanent survey reference point.

1.

Permanent survey reference monuments shall be installed in all subdivisions in accordance with Chapter 177, Florida Statutes, and the following requirements.

2.

Course and distance (tie) from a readily discernible reference marker, such as a U.S. government marker, section corner, or quarter-section corner shall designate at least one corner of the subdivision. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object or structure.

3.

At least two monuments shall be installed as control corners within each block within the subdivision. The surveyor shall install additional monuments if required by the city engineer. All monuments shall be constructed of concrete and shall be at least three inches in diameter or square and not less than two feet in length. Each monument shall have embedded in its top or attached by a suitable means a metal plate of noncorrosive materials marked plainly with the point, the surveyor's registration number, and the month and year it was installed, and the words "Permanent Reference Monument" or the initials "P.R.M." Monuments shall be set in the ground so that the top is flush the with finish grade.

4.

Survey accuracy. The allowable angular error of closure and linear error of closure for surveys shall be as follows:

i.

Angular error of closure shall not exceed 25 seconds times the square root of the number of angles turned. Total error shall be no greater than 40 seconds.

ii.

Linear error of closure shall not exceed one foot per 7,500 feet measured on the perimeter.

C.

All other improvement and design standards shall be as prescribed in this ULDC.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

The standards and requirements of this chapter may be modified by the city commission upon recommendation of the planning board in the case of a plan or program for a complete group development, which, in the judgment of the board, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan. This provision is intended to encourage innovations in housing types and subdivision design.

B.

Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this chapter would cause unnecessary hardship the planning board may recommend and the city commission authorize a variance, if such variance can be made without destroying the intent of this chapter. Any variance thus authorized is required to be entered in writing in the minutes of the planning board and of the city commission and the reasoning on which the departure was justified set forth.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

The purpose of this section is to permit development of cluster subdivisions as an alternative to conventional subdivisions. In permitting cluster subdivisions, the city seeks to encourage patterns of development that: protect environmentally sensitive lands; preserve open space for purposes of conservation and/or recreation; limit environmental impacts of development by reducing impervious surface areas and non-point sources of pollution; and promote economically-efficient layout of lots, roadways and utility lines.

A.

Applicability and general provisions.

1.

Cluster subdivisions shall be permitted for developments that contain residential uses only. Nonresidential uses are not permitted in cluster subdivisions.

2.

Cluster subdivisions shall be permitted as of right in the R-1, R-2, and MU-1 zoning districts. Cluster subdivisions shall be permitted in the MU-2 and MU-3 zoning districts for those developments containing only residential uses.

3.

Cluster developments shall be a minimum area of three acres.

4.

The following uses shall be permitted in cluster subdivisions: for cluster subdivisions in the R-1, R-2 and MU-1 zoning district, all principal and accessory uses allowed in the underlying zoning district; for cluster subdivisions in the MU-2 and MU-3 zoning district, all residential uses allowed in the underlying zoning district.

5.

Maximum impervious surface ratios established for the underlying zoning district shall apply to the cluster development. Maximum impervious surface ratios shall apply to the gross area of the cluster development rather than each individual lot within the development. Calculation of maximum allowed impervious surface area shall include all impervious surfaces commonly or publicly owned, such as streets, sidewalks and public buildings, in addition to those impervious surfaces on individual lots.

6.

The maximum building height established in the underlying zoning district shall apply to development in cluster subdivisions.

7.

Reduced setbacks may be allowed in cluster subdivisions if approved by the city commission. Setback reductions approved by the city shall be noted on the final plat.

8.

Development on lots or acreage along the perimeter of the cluster subdivision will be required to observe the setbacks of the underlying zoning district relative to the perimeter of the cluster subdivision. Such lots may still qualify for reduction in setbacks along property lines that are interior to the cluster subdivision.

B.

Maximum density.

1.

The maximum density permitted in the underlying zoning district shall apply to the cluster development.

2.

Maximum density for cluster developments shall be based on the gross area of the cluster development.

3.

The number of dwelling units allowed in a cluster subdivision shall be calculated as follows: gross acreage of cluster development/maximum dwelling units per acre permitted in the underlying zoning district.

C.

Design criteria.

1.

No minimum lot frontage or lot area shall apply to individual lots within cluster subdivisions.

2.

Each lot shall have direct access to a public or private street.

3.

Flag lots shall be discouraged.

4.

Right-of-way widths and pavement widths shall comply with those established in section 109-44.

5.

A minimum of 40 percent of the gross acreage of the cluster development shall be dedicated as open space. Open space shall be used and conveyed in accordance with the provisions of section 111-21(D) below.

D.

Open space.

1.

The following uses shall be allowed in the dedicated open space within a cluster subdivision, provided they comply with all applicable state and federal regulations: public or privately-owned parks; passive or low-impact recreational uses such as hiking or biking trails, provided they do not impact environmentally-sensitive areas; and conservation land.

2.

The following natural features shall be prioritized for inclusion in the open space dedication: shoreline; jurisdictional wetlands; steep slopes; areas providing habitat for endangered or threatened species as specified by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.

3.

Open space within cluster subdivisions shall be conveyed in one of the following manners:

i.

To the city and accepted by the city for use as a park, open space or other specified use, provided the conveyance is in a form approved by the city commission.

ii.

To a nonprofit organization whose principal mission is conservation of open space, provided the conveyance is in a form approved by the city commission.

iii.

To a corporation or trust that is owned by the owners of the lots within the subdivision. In such an arrangement, shares of ownership in the corporation or trust shall pass with the conveyances of the lots. The conveyance must be in a form approved by the city commission.

4.

Where open space is conveyed to a nonprofit organization or corporation or trust, a deed restriction enforceable by the city shall be recorded that provides the open space will be kept in authorized conditions.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)