The intent and purpose of this chapter is to set forth the standards for subdividing and platting land. It is the intent of this Code to ensure that all future developments are served adequately and economically by the County or developed with facilities and services as are necessary for the health, safety, and welfare of the residents. Except as provided in this chapter section, platting is required when a parent parcel is divided into three or more parcels or when any lot which was platted after May 1, 1974, is divided.

A subdivision shall not be approved unless the County finds after full consideration of all pertinent data, that the proposed subdivision conforms to all the provisions of this Code and the County Comprehensive Plan. These requirements apply to the four types of subdivision plat approvals which are:

A.

Minor Rural Subdivisions (MRS). MRS are subdivisions meeting the requirements below:

1.

Wetlands and required upland buffers may be included and platted within the lots provided that setbacks are measured from the upland buffer line and that no activity requiring the issuance of a Building Permit shall be allowed within five feet of the upland buffer line required by the County. A notation on the plat for MRS subdivisions shall be made setting forth these additional restrictions on measurement of setback and issuance of Building Permits.

2.

The parent parcel contains only agricultural and/or residential zoning.

3.

If connection to water and/or sewer, beyond an individual point-of-service connection where the distribution or collection line exists in front of the development, is determined to be available and the development is required to connect, then the development cannot be considered an MRS.

B.

Residential Subdivisions.

C.

Nonresidential Subdivisions, which are those subdivisions not designed for fee-simple residential development. There are two categories of nonresidential subdivisions:

1.

Common Plan of Development, those subdivisions where the created lots are inextricably linked through shared infrastructure such as parking, access and landscaping. The most common form of these subdivisions are shopping centers with outparcels.

2.

Stand Alone, those subdivisions where the created lots are generally developed independently. A common form of these subdivisions are commerce parks.

D.

No Improvement Plat (Plat NI). The intent of a No Improvement Plat (Plat NI) is to allow for the subdivision of property which requires no infrastructure to develop the property. A Professional Surveyor and Mapper or other licensed individual shall submit a PDP-R or PDP-NR solely for a Plat NI. A Plat NI shall be exempt from LDC Section 403.5 Construction Plans as no improvements are being proposed or permitted. Compliance with Sections 403.1 and 403.2 shall be required with the exception that the development plans would not need to be signed by a Professional Engineer as they will have no engineering information on them.

No Improvement Plats shall meet the following requirements:

1.

All land within the boundaries of the plat must be accounted for, either by blocks, lots, parks, streets, or expected parcels. Unusable strips will not be permitted.

2.

A Plat NI can be filed where existing infrastructure exists or where the infrastructure necessary for the development will be provided by the individual sites through a separate site plan and/or construction plan subsequent to the approval and recordation of the Plat NI.

3.

Wetlands and conservation areas must be platted in accordance with the requirements of the LDC Section 805.6.

4.

Maximum of ten lots, minimum lot size based on existing zoning and the Comprehensive Plan Future Land Use Classification.

5.

Restrictions:

a.

A Plat NI shall not be allowed for residential subdivisions where infrastructure improvements are required to develop the property.

b.

The Preliminary Development Plan shall demonstrate that no infrastructure improvements need to be made to serve the individual lots.

c.

The Plat NI shall not have any bonded improvements.

(Ord. No. 20-39, § 5(Att. A), 12-8-20)

The following developments shall not be subject to the subdivision requirements of this Code:

A.

Division of an agriculturally or residentially zoned parent parcel into:

1.

Lots greater than or equal to 40 acres within the AG (Agricultural) and AG/R (Agricultural/Rural) Future Land Use Classifications.

2.

Lots greater than or equal to 20 acres within the RES-1 (Residential - 1 du/ga) and RES-3 (Residential - 3 du/ga) Future Land Use Classifications.

3.

Lots greater than or equal to ten acres within the RES-6 (Residential - 6 du/ga) and higher Future Land Use Classifications.

B.

Limited Family Lot Division (LFLD). LFLDs are subject to the provisions of this Code, Section 405.1.

C.

Any condominium as defined in Chapter 718, Florida Statutes.

D.

The combination or recombination of all or a portion of previously platted lots of record where none of the newly created or residual lots contain less area, width, or depth than the smallest of the original lots of record that are being combined, and no streets or alleys of any kind or public easements are created, changed, or extinguished.

E.

Any conveyance between adjoining landowners if the purpose of the conveyance is to adjust or settle the common boundary line and the deed of conveyance, or other legal instrument, states such purpose of the conveyance and is recorded in the Official Records of Pasco County.

F.

The combination of an adjoining parcel or a portion of an adjoining parcel provided a substandard lot is not created and a unity of title is recorded in the Official Records of Pasco County.

G.

Any division of land for the purpose of conveying land to any Federal, State, or local government entity or agency, or public utility, provided such conveyance is accepted and acknowledged by the grantee by an instrument recorded in the Official Records of Pasco County.

H.

Any conveyance for the purpose of correcting an error made in the language used in an original conveyance.

I.

Construction of a single-family dwelling on any parcel of land recorded by Deed as of June 16, 1989, but not to include lands platted on or after May 1, 1974.

J.

Dividing a parcel with existing legal dwelling units into individual lots for each dwelling unit, provided the property owner submits the following:

1.

A plan showing proposed lot lines prepared by a Florida-registered surveyor. This will be used to determine if the structures meet the applicable Future Land Use Classification, zoning district, and applicable land development requirements.

2.

Proof of the lawful existence of all septic tanks or central sewer facilities servicing the unit(s). The location of the septic tanks shall be shown on the survey and verified by the Health Department.

3.

Proof of the issuance of a lawful Building Permit prior to December 19, 1989. This condition may be waived by the County Administrator or designee if the dwelling units existed prior to February 1985, and proof from the serving power company of existing power service for the unit(s) can be provided. Proof shall include connect and disconnect dates for each unit.

4.

Proof of ownership or legal interest.

5.

Proof of lawful access.

6.

Lot surveys:

a.

The owner or owner's agent shall submit lot surveys of the entire development meeting the requirements of Chapter 5J-I7, Florida Administrative Code (FAC), as amended, prepared by a Florida State registered surveyor, to the County Administrator or designee for review and approval. The survey shall use Florida State Plane Coordinates and shall be no larger than 8½" × 14" with a legal description. Review procedures and timelines shall be in accordance with Chapter 125.022, Florida Statutes.

b.

Upon receiving approval, the owner or owner's agent shall record the survey, the County-approved development conditions, the agenda memorandum conditions, index name under which the development was recorded, and the owner's or owner's agent's notarized signature stating: "These documents are a true and correct recordation." Any deeds recorded shall also contain the Official Record Book and page numbers of the above recordation.

c.

Prior to the issuance of the first Building Permit, the owner or owner's agent shall submit proof of recording to the County Administrator or designee.

The subdivision and development within any subdivision shall be consistent with the Pasco County Comprehensive Plan, all applicable provisions of this Code, and all adopted water supply, waste disposal, street lighting, and other essential utilities plans.

The arrangement of lots and blocks and the street system should make the most advantageous use of topography and preserve mature trees and other natural features wherever possible.

A subdivision shall not be approved unless all land intended for use as building sites can be used safely for building purposes after completion of proposed improvements without the danger of flooding and adverse soil conditions affecting structural stability, and human health, safety, and welfare. Further, a subdivision shall not be approved unless design measures to minimize the adverse impact on the quality and quantity of the natural hydrological system are included as components of the proposed subdivision improvements, as required by this Code. In particular, all subdivisions affecting lakes, ponds, cypress swamps, bay, and mixed hardwood swamps, watercourses of a seasonal or perennial occurrence, tidal and estuarine marshes, or the subsurface aquifer system shall provide measures to minimize adverse impacts.

The following shall be used in the design of subdivisions and reflected on Preliminary Development Plans and Construction Plans, unless an MPUD Master Planned Unit Development zoning amendment allows for another standard:

A.

Lots and Blocks. Lots shall meet or exceed the minimum area required. Consistent with this Code, where individual water supply and/or sewage disposal is permitted for individual lots, the minimum net useable area shall meet the current requirements of the State. Lots proposed for industrial or commercial purposes shall be adequate to provide off-street parking, loading, and service facilities.

B.

Corner Lots. Each corner lot shall be at least ten feet greater in width than the minimum required for interior lots within the subdivision.

C.

Access. Each residential lot shall have a minimum frontage along the access street right-of-way or easement line of 25 feet. This requirement shall not be construed to prohibit private streets within developments. The subdivision shall be so designed that remnants and landlocked areas shall not be created, which do not have access by right-of-way or easement. No lot shall be created without sufficient legal access. All subdivisions shall have access to a street, public or private. Access by easement is prohibited except for Minor Rural Subdivisions and internal access for "Common Plan of Development" nonresidential subdivisions.

D.

Lot Lines. In subdivisions which overlap municipal, County, tax district boundaries, or other district boundaries, lot lines shall follow the boundary lines, unless specifically approved otherwise at the time of preliminary development plan approval.

E.

Double-Frontage Lots. Double frontage lots shall be approved only to separate a development from arterial, collector, and/or major local roads, or to overcome disadvantages of topography and orientation. Where double frontage lots are created, they shall all front away from the arterial, collector, and/or major local roads. The rear of the lots shall be buffered from the abutting roadway in accordance with this Code, access rights shall be dedicated to the County, and a noningress/egress easement shall be recorded on the plat. A note stating "vehicular access rights dedicated to Pasco County" shall be lettered along the right-of-way line of the plat adjacent to the lots affected. A noningress/egress easement shall be recorded on the plat.

F.

Block Lengths. Where practicable, the length of blocks should not exceed 1,760 feet, unless specifically approved otherwise at the time of preliminary development plan approval.

G.

Streets. All streets shall be constructed in accordance with this Code, Section 901.6, Street Design.

H.

Pedestrian and Bicycle Facilities. Provisions for public pedestrian and bicycle traffic shall be incorporated into the subdivision design in accordance with this Code, Sections 901.7, Bicycle Facilities, and 901.8, Pedestrian Facilities.

I.

Street Names. Streets shall be named in accordance with this Code, Section 901.9, Street Naming and Addressing.

J.

Traffic Control Devices. Traffic control devices shall be provided, designed, and constructed in accordance with this Code, Section 901.10, Traffic Control Devices.

K.

Street Lighting. Street lighting shall be provided, designed, and constructed in accordance with this Code, Section 901.11, Street Lighting.

L.

Stormwater Management System. The stormwater management system shall be designed in accordance with the requirements of this Code, Section 902, Stormwater.

M.

Easements. The use of all easements shall be clearly shown on all plans. The minimum easement widths shall be as stated in this Code.

N.

Utilities. Utilities shall be in accordance with this Code, Section 903, Utilities.

O.

Fire Protection. Fire protection shall be provided in accordance with this Code, Section 904, Fire Protection.

P.

Neighborhood Parks. Neighborhood Parks shall be provided in accordance with this Code, Section 905.1, Neighborhood Parks for all subdivisions with a residential component.

Q.

Tree Protection, Landscape and Buffering. Trees, landscaping, and buffering shall be in accordance with this Code, Sections 802 and 905.2. In addition, all double-frontage lots which abut a roadway functionally classified in the County Comprehensive Plan future roadway network shall be provided with a Type B buffer along the rear-lot lines.

Prior to commencing the platting process, the following approvals are required:

A.

Preliminary Development Plan Required. The Preliminary Development Plan - Residential (PDP-R) or Preliminary Development Plan - Nonresidential/Mixed-Use (PDP-NR/MU) as required pursuant to this Code, Sections 403.1 and 403.2, shall outline the plan of development for the proposed subdivision. The PDP shall identify the general configuration of lots and plans for public services as required. The PDP-NR/MU shall specifically identify whether the proposed subdivision will be a "Common Plan of Development" or "Stand Alone" subdivision.

B.

Construction Plan Review and Approval. As required by Section 403.5, Construction Plans, each subdivision shall submit for review construction plans detailing plans for development of the proposed subdivision. The plans shall be approved prior to Draft Record Plat Review.

A.

Draft Record Plat Review.

1.

A draft record plat shall be prepared and submitted by a state-registered surveyor and shall strictly comply with Chapter 177, Florida Statutes, as amended.

2.

The draft record plat shall be prepared using a computer-aided design (CAD) process, on sheets 24 inches by 36 inches. Each sheet shall have a margin line completely around the sheet placed to leave a three-inch binding margin on the left, and a minimum of a one-half inch margin on the other three sides.

a.

The minimum scale for plats having lot areas of less than one-half acre shall be drawn at a scale of one inch equals 50 feet.

b.

Plats with lot widths of less that 25 feet shall be drawn at a scale of one inch equals 40 feet.

c.

Plats with acreage lots shall be drawn to a scale of no smaller than one inch equals 100 feet.

d.

The minimum text size for all plats will be no less than 0.08 times the scale.

3.

A draft certificate of title and encumbrances, as required by Chapter 177, Florida Statutes, shall appear on the draft record plat.

4.

One (1) electronic portable document format (PDF) file, 12 paper check prints, and all supporting data to demonstrate compliance with the approved plans and conditions of approval shall be submitted. The County Surveyor may require fewer paper copies. The supporting data shall conform to the check-lists provided by the County Surveyor or designee and included in the development manual.

5.

The draft record plat and supporting data shall be submitted for review to the County Administrator or designee. Review procedures and timelines shall be in accordance with Chapter 125.022, Florida Statutes. The draft record plat shall substantially conform to the approved preliminary development plan and approved construction plan.

B.

Final Record Plat Review and Approval Procedures.

1.

Prior to the conveyance of lots, the final record plat shall be submitted for review, approval, and recordation by the County.

2.

A final record plat shall be submitted for review to the County Administrator or designee within 90 days of receipt of notification of any deficiencies and noncompliance under Section 700.9.A, unless an extension is granted by the County Administrator or designee.

3.

The final record plat shall substantially conform to the previously approved plans and conditions of approval.

4.

All subdivision plats shall meet the following standards:

a.

All subdivision plats shall be tied to the Pasco County Primary Horizontal Control Network (PCPHCN) meeting the accuracy requirements for Third-Order Class 1 surveys as defined by the Standards and Specifications for Geodetic Control Networks, as published by the Federal Geodetic Control Committee, latest edition.

b.

A minimum of two permanent reference monuments (PRMs) per plat shall be shown with state plane coordinate values based on the PCPHCN and shall be independently tied by a reference line labeled with bearing and distance to the PCPHCN.

c.

The PCPHCN shall also be shown with state plane coordinate values.

d.

Digital forms of the plat should be submitted on state plane coordinate values.

e.

A note shall be placed on each plat as follows: "The coordinate values shown hereon are based on the County Primary Horizontal Control Network and were established to Third-Order Class 1 accuracy as defined by the Standards and Specifications for Geodetic Control Networks, as published by the Federal Geodetic Control Committee, latest edition."

f.

The basis for all bearings shown on the plat shall be "grid" and referenced to the PCPHCN.

5.

A minimum of two permanent benchmarks shall be established for each plat submitted. The benchmarks shall be referenced to North American Vertical Datum (NAVD) 1988. For projects where construction plans were prepared using National Geodetic Vertical Datum (NGVD) 1929, the benchmarks shall reference NGVD 1929 and be cross-referenced to NAVD 1988. The plat benchmark data and reference benchmark data shall be submitted as a benchmark report, certified by the platting surveyor and submitted to the County Surveyor. The report shall consist of mark identification, description, location, and elevation. The benchmarks shall be identified by a metal disk with the reference mark thereon. It shall be set in a concrete structure such as a catch basin, curb, or other permanent place within a public area or other location to be designated by the County Surveyor.

6.

Where corners are found to coincide with a previously set PRM, the State registration number of the professional surveyor and mapper, or the Certificate of Authorization number of the legal entity responsible for the previously found PRM, shall be shown on the new plat as "found" or shown with a symbol different than those symbols set specifically for the already adjoining plat, or if unnumbered, shall so state. This provision shall apply to all monuments, regardless of any monuments that were previously set and found by the same professional surveyor and mapper, or by the same legal entity, responsible for the new plat, or by any other surveyor and mapper or legal entity.

7.

The original final record plat shall be prepared using a computer aided design (CAD) process, on stable base film, a minimum of three mil thickness, using sheets 24 inches by 36 inches. Each sheet shall meet the margin and scale requirements established for the draft record plat.

8.

Ten paper check prints and all supporting data to demonstrate compliance with the approved plans and conditions of approval shall be submitted to the County Administrator or designee.

9.

Every subdivision plat must be accompanied by proof of payment of required property taxes for the site.

10.

The final record plat shall strictly comply with Chapter 177, Florida Statutes, as amended.

11.

Review procedures and timelines shall be in accordance with Chapter 125.022, Florida Statutes. Only after all deficiencies and noncompliance issues have been corrected shall any record plat be considered a final record plat and eligible for recording upon approval of the Board of County Commissioners (BCC).

A.

With the exception of model homes and noncommercial clubhouses as specified in this Code, and community features (such as, a model home office, neighborhood amenity center, clubhouse, or similar structure) and entry features (such as, decorative columns, gates, walls, fountains, gazebos, guardhouses, sign structures, etc. to be located at the entrance of a newly approved subdivision), no Building Permit shall be issued for any property which is depicted upon any plat until such plat is approved by the BCC and recorded with the Pasco County Clerk and Comptroller; and

1.

All approved improvements necessary to service the applicable phase or unit of the subdivision are complete; or

2.

An assurance of a completion document conforming to the requirements of this Code and covering said improvements has been accepted by the BCC provided; however, that no Certificate of Occupancy (CO) for such nonmodel structures shall be issued until said plat is approved and recorded and all approved improvements are substantially completed.

B.

It shall be unlawful for any person to record a subdivision plat of lands, except condominium plats, in the County, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such subdivision plats have been approved by the BCC and accepted for recording in the Public Records of the County.

A.

A developer shall be required to dedicate or convey as a prerequisite or incident to record plat, or prior to issuance of the CO where a record plat is not required, in conformance with conditions of the development approval: land; access rights; improvements; water and sewer systems, including lines; wells; pumping stations and other appurtenances; interests in real property, or other real or personal property where the review of a preliminary development plan, or record plat, submitted by the developer indicates that such a dedication, transfer, or conveyance is necessary to:

1.

Ensure adequate traffic flow to and through the land, adequate drainage, and to otherwise ensure the suitability of the site for the proposed use.

2.

Ensure consistency with the goals, objectives, and policies of the County Comprehensive Plan or elements which project the anticipated needs of the community with regard to school, roads, drainage, or other public facilities.

3.

Meet needs for public facilities which are solely or substantially attributable to the proposed development.

4.

Expand existing public facilities so as to meet the increased demand or burden placed upon such facilities as a result of the impact of the proposed use or of new users generated by the proposed use.

5.

Promote, expand, unify, or preserve an acceptable or approved existing pattern of development or existing system of public improvements.

The interest in or amount of property or development rights required to be dedicated shall be directly related to the projected impact of the proposed development on public improvements and facilities.

B.

Dedications or conveyances may be accomplished by plat, deed, bill of sale, written instrument, or other acceptable technique.

C.

Mandatory dedication of water and sewer facilities shall be limited to those developers connecting into or utilizing the County utility system.

D.

By plat shall be required for all platted subdivisions as follows:

1.

The owners or developers of land to be developed shall dedicate to the County or to the public and show on the plat such dedication, where required by the County to do so, pursuant to this Code, all roads, streets and alleys, drainage easements, and lands and easements upon which utility facilities and other improvements are proposed, and for other purposes incidental thereto, including vehicular access rights, where required.

2.

Except as provided herein, no liens, mortgages, bonds, or other financial encumbrances shall exist against the property to be platted, at time of such dedication, and the lack of such encumbrances shall be certified on the plat by all necessary persons. If the property is encumbered by a mortgage, the owner and mortgagee shall join in the dedication, or in some other manner, subordinate the mortgagee's interest to the dedication to the public.

3.

For MRS developments where interconnection is not required, accessways within the development shall not be required to be dedicated to the public provided that the accessways are shown on the plat as easements, and the easements are conveyed to and maintained by a mandatory homeowners association.

E.

Once Dedication or Conveyance Occurs:

1.

Areas specified for particular purposes or uses on a plat, or other instrument of dedication or conveyance, shall be deemed dedicated for such uses and may not be used by any person in a manner inconsistent with such uses or purposes, unless vacated by the BCC in the manner provided by law.

2.

Nothing herein shall be construed as creating any obligation on the County to perform any act of construction, maintenance on, or operation of dedicated property, improvements, or facilities, except when the obligation is voluntarily assumed by the County through action by the BCC.

F.

In the case of developments completed in phases, the developer may meet the dedication or conveyance requirements of this Code by initially dedicating or conveying property sufficient to meet the total requirements of all phases, provided that the areas so dedicated must be designed to serve all such phases of the development and such a dedication is approved by the BCC.

G.

The BCC may require or accept in lieu of a dedication or conveyance by written instrument or document, a dedication fee to be used for the expansion of the specific public improvements for which dedication was required. Such fees shall be established by resolution in a just and equitable manner based upon the factors set forth in this Code and upon County public improvement policies related to the need for property or fees in lieu of dedication, as established by the BCC and in accordance with the following:

1.

Fees accepted in lieu of dedication shall be deposited by the County in separate trust funds or accounts established for specific categories of public improvements, including roads, utilities, schools, and parks. Thereafter, money in the said funds or accounts shall be expended solely for acquisition or construction in connection with the expansion of the public improvement program for which the fee was collected.

2.

Money appropriated from the above-referenced funds shall be allocated, as practicably as possible, to serve those projects and areas generating the said monies.