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

Administrator means the person who has the primary responsibility to administer and enforce this chapter.

Alley means a narrow street dedicated or used for public use, upon which service entrances of buildings abut, which is not used as a thoroughfare for general traffic circulation, and which is not otherwise officially designated as a street.

Block means a piece of land entirely surrounded by streets or rights-of-way.

Clear sight triangle means the area within the limits described by the two intersecting roadway centerlines and a line drawn between them from points on each centerline that are a prescribed number of feet from the intersection of the centerlines.

Governing body means the city commission.

Lot means a parcel of land occupied or intended to be occupied by one or more principal buildings and its accessory buildings, with such open and parking spaces as are required by this chapter, and having its frontage upon a street.

(1)

Lot, interior means a lot other than a corner lot.

(2)

Lot depth means the average horizontal distance between the front and rear lot lines, measured at right angles to the street lines.

(3)

Lot, through (double frontage) means an interior lot having frontages on two parallel or approximately parallel streets.

(4)

Lot width means the average horizontal distance between the side lot lines, measured at right angles to the lot depth, with a minimum to comply with this chapter, to be measured at the front setback lines.

(5)

Lot line, front means the lot line separating the lot from the right-of-way of the principal street on which the lot abuts.

(6)

Lot line, rear means the lot line opposite to and most distant from the front lot line.

(7)

Lot line, side means any lot line other than a front or rear lot line. A side lot line of a corner lot, separating a lot from a street, is called a side street lot line. A side lot line separating a lot from another lot is called an interior lot line.

Lot of record means a lot which is a part of a recorded plat or a lot described by metes and bounds, the map or description of which has been recorded according to state law.

Minor replatting means the subdivision of a single existing parcel into two parcels where there are no roadway, drainage or other required improvements and where the resultant lots comply with the standards of this chapter.

Plat means a map, plan or chart of a tract of land or property which is drawn to scale and shows the existing or proposed location of boundary lines, buildings, structures, uses or any other required data or information.

Sanitary sewage system means all of the equipment and property involved in the operation of a sanitary sewer utility, including wastewater lines, pumping stations, treatment works, disposal facilities and property necessary for the operation of such utility.

Street means a public way for vehicular traffic.

Street, arterial means a public way, including a highway, intended primarily for fast or heavy traffic.

Street, collector means a public way intended to carry traffic to and from arterial streets.

Street, local means a public way intended to carry traffic within residential, commercial or industrial areas, other than an arterial or collector street or alley.

Subdivision means the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term includes resubdivision, and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Subdivision, exempt means a subdivision of land into three to five lots in which the transfer of title occurs between or among relatives by blood, marriage or adoption, or in which the transfer of title passes as a result of inheritance or court decision, or in which the transfer of title occurs between adjacent landowners, provided that such subdivision does not involve a planned unit development, any new street, or the extension of a municipal utility or other municipal facility. Applicants under this subsection shall meet all the requirements contained in the subdivision design and improvement standards sections of this article.

(Ord. No. 789, art. III, § 2, 8-11-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

The health, safety and welfare of the public requires the orderly development of land within the city. The subdivision of land is an important part of the development of the community. Once land has been shaped into lots, blocks and streets, the correction of defects is costly and difficult. Substantial public responsibility is created by each new subdivision, involving the maintenance of streets, drainage and stormwater systems and utilities, and the provision of additional public facilities. It is therefore in the interest of the public, developer and future lot owners that subdivisions be conceived, designed and developed in accordance with sound rules and proper minimum standards.

(Ord. No. 789, art. III, § 1, 8-11-92)

(a)

The reversion of subdivided land to acreage shall be subject to the following regulations:

(1)

Reversion by filing of plat by owner. The owner of any land subdivided into lots may file for record a plat for the purpose of showing such land as acreage. Such plat and the procedure in connection therewith shall conform to the requirements of this article, except that:

a.

No survey or certificate of any surveyor or engineer shall be required; provided, however, that the governing body may require a survey of the exterior boundaries of the land and the placing of suitable monuments along such boundaries if it finds that the last preceding survey of record is faulty or inadequate or that insufficient monuments are in position along such boundaries.

b.

No improvements shall be required, except such as may be necessary to provide equivalent access as provided in this section.

c.

No findings need be made as to the suitability of the land or as to the provision of public facilities and services therefor.

(2)

Reversion by order of governing body. The governing body may, upon its own motion or recommendation by the planning and development review board, order the vacation and reversion 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, the plat of which subdivision was recorded as provided by law not less than five years before the date of such action, and 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 successor in title. Such action by the governing body shall not be taken until the planning and development review board has made its recommendation finding that the proposed vacation and reversion to acreage of subdivided land conforms to the comprehensive plan of the area, 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 planning and development review board shall hold a public hearing thereon, with due public notice.

(3)

Zoning of land reverting to acreage. If land in a subdivision or part thereof is proposed for reversion to acreage, either at the instance of the governing body or by filing of a plat by the owner, the governing body shall, upon the recommendation of the planning and development review board and concurrently with the proceedings for vacation and reversion to acreage, or for consideration of an action on such plat, conduct proceedings for any necessary zoning amendment as may be deemed advisable in view of the conditions that will exist subsequent to such reversion to acreage.

(4)

Access to parcels. 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 such parcel, or of reasonable access therefrom 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 the same.

(Ord. No. 789, art. III, § 6, 8-11-92)

(a)

Insurance. A subdivision contractor shall maintain the proper insurance during the life of his contract, to hold the city free from any and all claims due to the contractor's acts or the acts of his agents, assigns or assignees, in no less than the minimum established by the planning and development review board or the governing body. Such insurance coverage should include compensation insurance, public liability insurance and property damage insurance.

(b)

Guarantee of work required. The contractor shall guarantee all materials, workmanship and equipment for a period of two years from the date of final acceptance by the city. Should any defect or damage be shown within the two-year period, the contractor shall replace or repair the defect or damages at no cost to the city. This guarantee shall be secured by an acceptable bond in the amount of 20 percent of the contract cost of the project.

(c)

Release of liens prerequisite for acceptance of improvements. The city shall not accept any improvements until release of liens is furnished for all labor and materials.

(Ord. No. 789, art. III, § 7, 8-11-92; Ord. No. 944, § 1, 6-11-02)

All lots within a proposed subdivision shall have infrastructure and services available at the adopted level of service, excluding lots permanently dedicated as recreational areas or open space. The developer will be responsible for provision of all infrastructure within the proposed subdivision.

(Ord. No. 789, art. III, § 8, 8-11-92)

State Law reference— Concurrency, F.S. § 163.3202(2)(g).

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

(Ord. No. 789, art. III, § 5(A), 8-11-92)

Proposed construction plans and specifications for utilities and street improvements in a subdivision, including cross sections, profiles and grades drawn to city standard scales and elevations, are required.

(Ord. No. 789, art. III, § 5(B), 8-11-92)

The planning and development review board or administrative official may also require that a subdivision developer provide additional supporting data, including economic justification, financing and construction scheduling, topographic data or similar information, when deemed necessary for preliminary subdivision plat review.

(Ord. No. 789, art. III, § 5(C), 8-11-92)

Certification by the mayor or the city commission, the city clerk and the land surveyor, and all other appropriate signatures, are needed on a subdivision plat to prove that the developer has complied with one of the following alternatives:

(1)

All the improvements have been installed in accordance with the regulations for land subdivision and other provisions of this chapter and with the action of the planning and development review board giving conditional approval of the preliminary subdivision plat; or

(2)

A security bond, certified check or other security device, as approved by the city commission, has been posted with the city in sufficient amount to ensure such completion of all required improvements.

(Ord. No. 789, art. III, § 5(D), 8-11-92; Ord. No. 945, § 1, 6-11-02)

Information regarding cross sections, profiles and grades of streets, curbs, gutters and sidewalks, showing locations of in-street utilities, shall be attached to the final subdivision plat.

(Ord. No. 789, art. III, § 5(E), 8-11-92)

Protective covenants shall either be placed directly on the final subdivision plat or attached thereto in a form for recording.

(Ord. No. 789, art. III, § 5(F), 8-11-92)

A certificate of approval for recording shall be provided on a subdivision plat suitable to be signed by the mayor or the city commission and to contain all other appropriate approval signatures to indicate that the plat has been approved for recording in the office of the county clerk of court.

(Ord. No. 789, art. III, § 5(G), 8-11-92)

All approved final subdivision plats shall be recorded at the expense of the applicant in the office of the county clerk of court.

(Ord. No. 789, art. III, § 5(H), 8-11-92)

Where appropriate in larger subdivisions in order to make the development process more efficient, the subdivider may propose or the city commission may require that construction proceed in phases. Where so required, the clearing and grading of advanced phases shall not proceed ahead of earlier phases in an unreasonable fashion. Each phase of development shall be capable of standing on its own if subsequent areas planned for development are not developed.

(Ord. No. 789, art. III, § 5(I), 8-11-92)

Monuments shall be placed in subdivisions at all block corners, angle points, and points of curves in streets, and at intermediate points as required by the city engineer. At least one permanent benchmark shall be set in each subdivision, properly referenced, for both construction use and future city use. On all lands, the monuments shall be of such material, size and length as may be approved by the city engineer. All benchmark data must be tied to the United States Geological Survey, and all surveys must be done by registered surveyors.

(Ord. No. 789, art. III, § 4.01, 8-11-92)

The developer of a subdivision shall construct a complete water distribution system, which shall adequately serve all lots and which shall include appropriately spaced fire hydrants. This system shall be properly connected with the public water supply and shall be approved by the city engineer and the state department of environmental regulation.

(Ord. No. 789, art. III, § 4.02, 8-11-92)

The developer of a subdivision shall construct a sanitary sewer system to adequately serve all lots. This system shall be properly connected with the public sanitary sewer system, and shall be approved by the city engineer and the state department of environmental regulation.

(Ord. No. 789, art. III, § 4.03, 8-11-92)

An adequate stormwater management system, approved by the city engineer and the state department of environmental regulation, shall be provided for the proper drainage of all surface water in a subdivision. Cross drains shall be provided to accommodate all stormwater runoff, and they shall be of sufficient length to permit full-width roadways and the required slopes.

(Ord. No. 789, art. III, § 4.04, 8-11-92)

(a)

Utilities shall be provided in a subdivision in rights-of-way or alleys, except for natural terrain constraints.

(b)

Utilities placed in alleys and rights-of-way will be in accordance with city standards and the inspection schedule as approved by the city engineer.

(c)

All utility service connections shall be extended out from underneath the roadway to the property line. As-built locations of all services shall be provided to the city prior to final approval.

(Ord. No. 789, art. III, § 4.05, 8-11-92)

(a)

Grading specifications. All streets and alleys in a subdivision shall be graded to their full width by the developer so that pavements and sidewalks can be constructed.

(1)

Preparation of subgrade. Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with city specifications.

(2)

Cuts. In cuts, all tree stumps, boulders, organic material and other objectionable materials shall be removed to a depth of at least two feet below the graded surface.

(3)

Fills. In fills, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable material shall be removed to a depth of at least two feet below the natural ground surface. Similar matter from cuts shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills.

(b)

Minimum widths. Pavement widths shall be measured between the back of curbs. Each curb and gutter has a two-foot standard, and all lanes are 12 feet standard. Minimum street widths, exclusive of the curb and gutter, to be provided are as follows:

(c)

Pavement specifications. The developer shall provide street pavements approved by the city engineer, which shall be designed to carry the expected traffic loads and which shall conform with current standard specifications for city streets. All street pavements shall be asphalt.

(d)

Curbs and gutters. The developer shall provide curbs and gutters approved by city engineer. Curbs shall conform with current standard specifications for city curbs and gutters. Backfill shall be higher than the curb and shall slope toward the curb in order to ensure that surface water drains into the storm drainage system.

(e)

Street name signs. Durable street name signs, approved by the city engineer, shall be installed at all street intersections.

(f)

Street lighting. Street lighting shall be provided pursuant to current city standards, and shall be approved by the utilities department administrator.

(Ord. No. 789, art. III, § 4.06, 8-11-92; Ord. No. 939, § 1, 3-27-02)

(a)

For the safety of pedestrians in residential and nonresidential subdivisions, the developer shall construct sidewalks that conform with current standard specifications for city sidewalks. All connections of sidewalks and curbs shall include a sloping cut adequate for the smooth passage of wheelchairs and bicycles. Minimum standards shall be sidewalks on one side of the street for local roads and on both sides of the street for collector and arterial roads. Sidewalks constructed on one side of the street shall meet the following dimensions:

(1)

Single-family or duplex housing developments: Four feet wide and four inches thick.

(2)

Multifamily or group housing developments: Five feet wide and four inches thick.

(3)

Nonresidential developments: Eight feet wide and four inches thick.

(b)

When sidewalks cross driveways, sidewalks must be six inches thick with reinforcement.

(Ord. No. 789, art. III, § 4.07, 8-11-92)

(a)

Authority to require tests or certificates of quality. The city engineer may require any or all materials used in subdivision improvements to be submitted to tests. The expense of such tests shall be borne by the developer. The city engineer may also require certificates of quality or specifications of material being utilized in the work, such as bituminous materials, concrete, limerock, etc. These certificates shall be supplied by the contractor.

(b)

Cooperation with city engineer. The contractor shall fully cooperate with the city engineer in the taking of any or all samples and in the making of any tests required or desired. The city has a right to approve all testing services.

(c)

Pavement samples. In the case of pavements, whether base course or surface, the contractor shall, when required by the city engineer, furnish samples taken from completed work at any point indicated by the city engineer, and shall replace the areas with materials and construction to conform to the specifications and to the line and grade required at no cost to the city.

(d)

Inspection schedule. The city may require any or all of the following inspections of construction:

(1)

After clearing, grubbing and rough grading: Inspection of alignment and rough grade.

(2)

After fine grading and any required subbase or subgrade stabilization: Grade check and soil bearing check.

(3)

After compaction of subgrade or subbase: Thickness and density checks.

(4)

Installation of base: Surface checks, grade check, thickness check, density check and bearing value check.

(5)

Application of prime: Condition of surface and rate of application check.

(6)

Surfaces or pavement installation: Check of condition of base and prime and type and quantity check on surface and pavement material.

(7)

Drainage facilities: Will be checked during installation for material, workmanship, alignment, grade, etc.

(e)

Notification of city when work is ready for inspection. The developer or the contractor acting as the developer, or their agent, shall notify the city engineer of any required inspections, as outlined in subsection (d) of this section, at least 48 hours in advance of the required inspection.

(f)

Payment of cost of inspections. The city shall do any or all inspections as outlined in subsection (d) of this section, at its election, and the cost for such inspection services shall be borne in full by the developer.

(Ord. No. 789, art. III, § 4.08, 8-11-92)

Minimum design standards for a subdivision shall be as provided in this division.

(Ord. No. 789, art. III, § 3, 8-11-92)

(a)

Purpose. The intent of using alleys is to allow service vehicles to install and maintain utilities in the rear of the property, as well as to offer increased access and garbage pickup areas for the city and the resident.

(b)

District requirements. Alleys shall be provided in commercial and industrial districts, except that the planning and development review board may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking, consistent with and adequate for the uses proposed. Alleys are also allowed in residential areas.

(c)

Intersections; alignment. Alley intersections and sharp changes in alignment shall be prohibited.

(d)

Dead-end alleys. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end, as determined by the planning and development review board.

(Ord. No. 789, art. III, § 3.02, 8-11-92)

(a)

Utility easements. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary, and shall be at least 12 feet wide when vehicular access is required.

(b)

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

(Ord. No. 789, art. III, § 3.03, 8-11-92)

(a)

Generally. The length, width and shape of blocks shall be determined with due regard to:

(1)

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

(2)

Zoning requirements as to lot sizes and dimensions.

(3)

Need for convenient access, circulation, control and safety of street traffic.

(4)

Limitations and opportunities of topography.

(b)

Length. Blocks shall not be longer than 1,400 feet in length. They shall be wide enough to provide for two tiers of lots, except where abutting upon arterial roads, or where other situations make this requirement impractical.

(Ord. No. 789, art. III, § 3.04, 8-11-92)

(a)

Generally. The lot size, width, depth, shape and orientation, and the minimum building setback lines, shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

(b)

Dimensions. Lot dimensions shall conform to the requirements of article III of this chapter. Residential lots not served by public water or sanitary sewer systems shall be approved by the state department of health and rehabilitative services, division of environmental health, and the administrator, based on percolation tests, soil conditions, depth of groundwater, proposed sewer system and related health factors.

(c)

Corner lots. A corner lot for residential use shall have a side setback that equals the front setback of the lot behind it.

(d)

Access. The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.

(e)

Double frontage and reverse frontage lots. Double frontage and reverse frontage lots are prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.

(Ord. No. 789, art. III, § 3.05, 8-11-92)

(a)

Sites shown on comprehensive plan. Where a proposed park, playground, school or other public use shown in a comprehensive plan is located in whole or in part in a subdivision, the planning and development review board may require the dedication or reservation of such area within the subdivision in those cases in which the planning and development review board deems such requirements to be reasonable.

(b)

Sites not shown on comprehensive plan. Where deemed essential by the planning and development review board, upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale neighborhood unit developments not anticipated in the comprehensive plan, the planning and development review board may require the dedication or reservation of such other areas or sites of a character, extent and location suitable to the needs created by such development for schools, parks and other neighborhood purposes.

(Ord. No. 789, art. III, § 3.06, 8-11-92)

The arrangement of streets in a subdivision shall either:

(1)

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

(2)

Conform to a plan for the subdivision approved by the planning and development review board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

(Ord. No. 789, art. III, § 3.01(A), 8-11-92)

Local streets shall be so laid out that their use by through traffic will be discouraged.

(Ord. No. 789, art. III, § 3.01(B), 8-11-92)

Where a subdivision abuts or contains an existing or proposed arterial or collector street, the planning and development review board may require access roads, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(Ord. No. 789, art. III, § 3.01(C), 8-11-92)

Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the planning and development review board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Distances involving right-of-way shall also be determined with due regard for the requirements of approach grades and future grade separations.

(Ord. No. 789, art. III, § 3.01(D), 8-11-92)

Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the city under conditions approved by the planning and development review board.

(Ord. No. 789, art. III, § 3.01(E), 8-11-92)

Street jogs with centerline offsets of less than 125 feet shall not be permitted.

(Ord. No. 789, art. III, § 3.01(F), 8-11-92)

A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

(Ord. No. 789, art. III, § 3.01(G), 8-11-92)

When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 150 feet for arterial and collector streets, and of such greater radius as the planning and development review board shall determine for special cases.

(Ord. No. 789, art. III, § 3.01(H), 8-11-92)

Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle of less than 60 degrees.

(Ord. No. 789, art. III, § 3.01(I), 8-11-92)

Property lines at street intersections shall be rounded with a radius of ten feet or greater where the planning and development review board may deem it necessary. The planning and development review board may permit comparable cutoffs or chords in place of rounded corners.

(Ord. No. 789, art. III, § 3.01(J), 8-11-92)

Street right-of-way widths shall be not less than as follows:

(Ord. No. 789, art. III, § 3.01(K), 8-11-92)

Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of this article, and where the planning and development review board finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

(Ord. No. 789, art. III, § 3.01(L), 8-11-92)

Dead-end streets, designed to be so permanently, shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having a radius of at least 40 feet to back of curb and gutter and a right-of-way radius of at least 50 feet.

(Ord. No. 789, art. III, § 3.01(M), 8-11-92)

At all road intersections an adequate clear sight triangle must be maintained, within which no impediments to clear sight, including ornamental plantings higher than 30 inches, will be allowed, except that trees will be allowed provided that they do not cumulatively present an obstacle to clear sight. Triangle leg distances shall be 100 feet along any local road, 160 feet along any collector road, and 200 feet along any arterial road.

(Ord. No. 789, art. III, § 3.01(N), 8-11-92)

No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning and development review board.

(Ord. No. 789, art. III, § 3.01(O), 8-11-92)

Street signs shall be provided by the developer of a durable and readable material, and posted with a clearance of seven feet so as to be visible for both pedestrian and vehicular traffic. At crossroad intersections, two road sign posts shall be located diagonally across the intersection from each other. Only one road sign post shall be required at T-road intersections.

(Ord. No. 789, art. III, § 3.01(P), 8-11-92)

All driveways and local roads connecting to arterial and collector roads will require a permit. Connection permits are issued by the state department of transportation for all state-maintained streets, and by the city engineer for all other streets.

(Ord. No. 789, art. III, § 3.01(Q), 8-11-92)