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Safety Harbor City Zoning Code

ARTICLE XI

SUBDIVISION REGULATIONS

181.00 - General requirements.

(A)

No person shall subdivide land regardless of zoning after the effective date of this Code without first following the development procedure and complying with the design standards established by this Code.

(B)

No person shall sell or transfer any land subdivided after the effective date of this Code without the prior authorization for the subdividing of the land by the City Commission and the recording of a Final Subdivision Plat which meets all the requirements of this Code and Chapter 177, Florida Statutes.

(C)

No Building Permit or Certificate of Occupancy shall be issued for any lot, parcel, or structure which was created in violation of the provisions of this Code.

182.00 - Subdivision defined.

(A)

The term subdivision shall mean the following:

(1)

The division of land into two (2) or more lots, parcels, tracts, or tiers for the purpose, whether immediate or future of the transfer of ownership;

(2)

The creation or establishment of new access by a street, alley, easement or other primary means of access, whether private or public;

(3)

The resubdivision of an approved recorded subdivision plat if such resubdivision affects any street layout, reserved or dedicated area or easements for public use, any increase in residential density or increase in number of lots is provided for.

(B)

The subdivision requirements of this Code shall not apply to the granting of public rights-of-way.

183.00 - Design standards.

183.01   General.

(A)

In addition to the requirements of this Article, all subdivisions shall comply with the following regulations:

(1)

The development standards of Article X, and all other applicable provisions of this Code;

(2)

The Comprehensive Plan;

(3)

All applicable building codes of the City;

(4)

All other applicable Federal, State, and local laws which govern the development of property or the transfer of land.

(B)

No subdivision of land shall be permitted where the site is unsuitable for the intended development due to flooding, poor drainage, unstable soil or other such conditions which may constitute a danger to the public welfare unless adequate measures to mitigate such conditions can be, and are, undertaken in the development of the property.

(C)

The provision of adequate public facilities in accordance with adopted level of service standards shall be required.

(D)

The preservation of significant cultural and environmental features, including, but not limited to, historic sites, scenic vistas, wetlands, and trees shall be required.

(E)

Every subdivision shall be provided with a name. Such name shall not be the same as, or similar to any other recorded plat located in the City which will in any way confuse the public; except that when an existing subdivision is expanded or resubdivided as an additional unit or section.

183.02   Lots.

(A)

All lots shall be designed to meet the minimum zoning dimensional regulations applicable to the property as designated by this Code. Those dimensional regulations shall include, but not be limited to lot width, lot depth, lot area and density.

(B)

The depth and width of property subdivided for nonresidential use shall be of adequate size to permit off-street parking and other improvements required by this Code and required by the type of use and development anticipated.

(C)

Side lot lines shall be as close as practical to right angles at street lines or radial to curving street lines.

(D)

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

(E)

Double frontage and reverse frontage lots shall be avoided except that reverse frontage lots shall be provided along thoroughfare streets. Where reverse frontage streets or one (1) tiered blocks are utilized the following may be required:

(1)

A non-ingress/egress easement along the thoroughfare street.

(2)

A lot depth fifteen (15%) percent greater than the minimum required by this Code.

(3)

The installation of a buffer strip in accordance with the screening requirements of this Code. The continued maintenance of such buffer strips shall be provided in accordance with the requirements of this Code.

(F)

The minimum frontage of all lots at the street line shall not be less than thirty-five (35) feet, except that flag lots may be permitted where allowed by this Code.

(G)

Corner lots shall be designed not less than fifteen (15%) percent wider than the minimum lot width required by this Code.

183.03   Blocks.

(A)

Block width, depth, shape, and orientation shall consider the need for access, circulation, traffic control and the safety of vehicular and pedestrian movement.

(B)

Block width shall be sufficient to provide for two (2) tiers of lots with the minimum depths required by the zoning district regulations applied to the property. Exceptions to the two (2) tiered block width shall be permitted along thoroughfare streets, railroad rights-of-way, waterways, or exterior property lines of the development.

(C)

Block lengths shall not exceed 1,400 feet, or be less than 500 feet in length, except where necessary to intersect an existing street.

(D)

Blocks along thoroughfare streets shall not be less than 1000 feet in length except where necessitated due to the size and shape or other characteristic of the property.

183.04   Streets.

(A)

All streets shall be properly integrated with the existing and proposed system of thoroughfare and local streets.

(B)

Subdivision streets shall be arranged in a manner which discourages their use by through traffic.

(C)

Subdivision streets shall be extended to the property limits of the subdivision to allow for logical future extension of the streets into adjoining undeveloped land.

(D)

Streets shall be designed to intersect at right angles. The approach to an intersection shall be at right angles for a distance of one hundred thirty-five (135) feet on all streets.

(E)

"T" intersections shall be preferable to four-way intersections, and no intersection shall have more than four street approaches.

(F)

New intersections along one side of an existing street shall coincide with existing intersections on the opposite side of the street. Intersection jogs on local streets shall not be less than 150 feet apart measured from centerline to centerline of the jogging streets. Intersection jogs on thoroughfare streets shall not be less than 300 feet apart measured from centerline to centerline of the jogging streets.

(G)

Curve radii on all subdivision streets shall be adequate for the design speed of the street.

(H)

The minimum curb return radius for intersections shall be as follows:

Local street with a local street: 25 feet

Local street with a thoroughfare: 35 feet

Thoroughfare with a thoroughfare: 50 feet

(I)

All subdivision streets shall be integrated with the adjoining topography to provide adequate sight distance.

183.05   Rights-of-way.

(A)

The minimum street right-of-way shall be as indicated by Section 150.00 of this Code for thoroughfare streets.

(B)

The minimum street right-of-way for local streets shall be 50 feet wide when constructed with curb and gutter.

(C)

The creation of reserve strips which deny access from adjoining property to a public street shall be prohibited except where dedicated as a controlled limited access strip.

(D)

Half streets shall be prohibited.

(E)

Subdivision streets shall be dedicated along with the required right-of-way. Where the use of private streets is authorized by the City Commission, continued maintenance shall be provided in accordance with the requirements of Article X for common improvements.

(F)

The right-of-way access easement widths for private streets shall comply with the requirements of this Section for public streets.

183.06   Dead end streets.

(A)

A temporary dead end street shall be allowed when such street is to ultimately provide for the continuation of streets between adjoining properties. A temporary turn-around shall be constructed to the requirements of the City Engineer when a temporary dead end street exceeds 200 feet in length. Barricades shall be erected at the termination of a temporary dead end for public safety.

(B)

Where a road is not intended to extend beyond the limits of the subdivision a cul-de-sac or T-Turn shall be provided. Dead end cul-de-sac or T-Turn streets shall not exceed 600 feet in length.

(C)

The cul-de-sac design shall be a minimum of 72 feet of pavement with a 92-foot diameter right-of-way.

(Ord. No. 2018-11, § 8. 6-18-2018)

183.07   Utility easements.

(A)

Easements, a minimum of five (5) feet in width, for the purpose of accommodating overhead, surface, and underground utilities and drainage shall be required along all side and seven and one-half (7.5) feet along all rear lot lines.

(B)

An easement along the perimeter of the subdivision shall be a minimum of fifteen (15) feet in width.

183.08   Common private improvements.

(A)

The continued maintenance of common private improvements shall be established in accordance with the requirements of this Code.

(B)

Entrance signage, landscaping and other common private improvements located within the public right-of-way shall only be allowed upon the execution of an agreement by the City Commission.

183.09   Permanent reference monuments (PRMs) and permanent control points (PCPs).

(A)

PRMs and PCPs shall be constructed and installed in accordance with the requirements of Chapter 177, Florida Statutes.

(B)

PRMs shall be set before the recording of the final subdivision plat and will be so stated in the surveyor's certificate on the face of the plat.

(C)

PCPs shall be set prior to expiration of the performance security where required improvements are installed after recording or prior to recording of the final subdivision plat where improvements are in place.

183.10   Street signs and names.

(A)

Traffic control signs shall be installed by the developer prior to final inspection. All traffic control signs shall be installed in accordance with the standards and specifications prescribed in the Manual of Uniform Traffic Control Devices.

(B)

All streets shall be provided with street signs at each intersection. One hundred (100) percent of the initial installation cost shall be paid by the developer. Street signs shall be in accordance with standard FDOT construction details.

(C)

Street names shall be approved by the City. There shall be no duplication or similarity of street names with any other street located in the City service area for fire protection, potable water and sanitary sewer.

(D)

Generally, north/south streets shall be designated as avenue, terrace or drive; east/west streets shall be designated as street, place, or lane; cul-de-sacs shall be designated as courts; and diagonal streets shall be designated as road.

183.11   Street lights.

(A)

Prior to final subdivision plat approval, street lighting shall be installed by the developer at the developer's cost in all subdivisions.

(B)

The subdivider shall submit to the City an amount of money for street lighting that will generate an investment that will cover the required monthly charge if invested at the interest rate for the one-year Treasury Bill as of September 30th of each year. This interest rate will then be used to calculate the required fee for the following year.

184.00 - Administration.

(A)

The review, approval, and acceptance procedure for all subdivisions shall be divided into the following phases:

(1)

Site Plan Review.

(2)

Construction Drawing Review.

(3)

Installation of Required Improvements.

(4)

Final Subdivision Plat Review.

(B)

Phased development and the associated timing shall be indicated on and approved by the site plan. For phased developments, an overall master plan is required at the time of site plan review.

(C)

All construction phases of a subdivision shall be capable of operating independently with respect to the required improvements.

184.01   Site plan review.

(A)

A site plan shall be prepared, submitted and reviewed in accordance with the requirements of this Code for Site Plans.

(B)

Approval of a site plan shall not authorize recording of the final subdivision plat, nor effect the acceptance of any land or improvements proposed to be dedicated to the City.

(C)

Site plan approval shall expire one (1) year from the date of approval unless the submission of construction drawings or final subdivision plat has been made. Site plan expirations, extensions and revisions shall be in accordance with Section 229.05 of this Code.

184.02   Construction drawing review.

(A)

Within one (1) year of the approval of a site plan the required construction drawings for the installation of all required improvements shall be submitted to the City Engineer.

(B)

Construction drawings shall be prepared and certified for all required improvements by a Florida Registered Professional Engineer in a format and manner as required by the City Engineer.

(C)

Construction standards shall conform to the requirements of this Code, the City's Standards and Procedures Manual, standard engineering practice, and all other applicable building codes.

(D)

Construction drawings shall conform to the approved site plan, including any conditions of approval required by the City Commission or Technical Review Committee.

(E)

The review of construction drawings shall be an administrative process coordinated by the Engineering Department.

(F)

Upon approval of the construction drawings by the City Engineer, permits for site development and installation of required improvements may be requested.

(G)

Construction drawings shall be valid for a period of six (6) months from the date of approval by the City Engineer.

(H)

The improvements must be constructed in accordance with the plans that have been approved. If any changes must be made in the plans, the plan changes must be reviewed and approved prior to commencement of any work on the changes.

(I)

The City of Safety Harbor reserves the right to make inspections to enforce any provisions of its code, or to ensure that the approved construction plans are being complied with. Whenever the inspector has reasonable cause to believe that there exists any condition or code violation which makes such construction unsafe, dangerous or hazardous, the City Engineer may enter the construction site to inspect the same and to perform any duty imposed upon him by the City's codes. Upon notice from the City's inspector, construction work that is being performed contrary to the provisions of the City's codes, contrary to the construction plans or in a dangerous or unsafe manner, shall immediately cease. Such notice will be in writing and will be given to the property owner or his agent, or the person doing the work. When an emergency exists, the City inspector shall not be required to give a written notice prior to stopping the work. The City may revoke approval of the construction plans if it is later determined that there has been any false statement or misrepresentation as to a material fact in the application or plans upon which the approval was based.

(J)

By approving the construction plans, the City is not authorizing the permittee to violate, cancel, alter, or set aside any of the provisions of the City's technical codes, nor shall approval of the construction plans prevent the City from hereafter requiring a correction of errors in the plans, construction or from requiring abatement of any violation of the City's codes.

(K)

The approved set of plans, which has been stamped, shall be kept at the work site and shall be open to inspection by the City inspector.

(L)

The construction work shall be performed in accordance with the approved plans, all state and local rules, regulations and codes.

184.03   Installation of required improvements.

(A)

No clearing, grading, drainage, or other site preparation with the exception of brush removal for the purpose of surveying shall commence until all required construction drawings have been approved by the City Engineer and all required City, State, and County permits have been obtained.

(B)

Prior to approval of the final subdivision plat the developer shall install all the improvements required under this Code in accordance with the specifications of the approved construction drawings.

(C)

During construction the City shall inspect all the required improvements for compliance with the specifications of the approved construction drawings.

(D)

Upon the completion of all required improvements, as-built drawings, prepared and certified by the engineer of record, showing the actual installation of all required improvements shall be submitted to the City Engineer. The as-built drawings shall have a sealed certification from the engineer of record stating that all the required improvements have been installed and are completed in substantial compliance with the approved construction drawings or as noted on as-builts.

(E)

Upon receipt of the required as-built drawings and certification from the engineer of record, the City Engineer shall certify that all required improvements and inspections comply with the approved construction drawings. Upon the City Engineer's certification that all required improvements comply with the approved construction drawings, the Engineer of Record shall provide to the City a complete computer file of all as-built drawings in ACADD format.

184.04   Maintenance security.

(A)

Prior to the certification of completion by the City Engineer, the subdivision shall post maintenance security for the purpose of correcting any defect in the design, materials, or construction of all required on-site and off-site improvements.

(B)

Maintenance security shall comply with all statutory requirements and shall be in the form of a letter of credit from a bank licensed to do business in Florida, a maintenance bond where the bonding company is duly organized and licensed to issue bonds in the State of Florida, or a cash deposit held in escrow by the City.

(C)

The amount of maintenance security shall be equal to ten percent (10%) of the actual installation costs of all required improvements.

(D)

The effective period of maintenance security shall be two (2) years.

(E)

It shall be the responsibility of the subdivider to notify the City Engineer for an inspection three (3) months prior to the expiration date of the maintenance security. No maintenance security shall be returned until an inspection by the City has been completed which determines that the required improvements are free of defects or any identified defects have been corrected.

(F)

Upon identification of a default, the City Commission may exercise its rights under the maintenance security instrument by providing thirty (30) days written notice, certified, return receipt requested to the developer.

184.05   Performance security.

(A)

Subject to the approval of the City Manager, the City Engineer may in unusual circumstances, permit the posting of performance security for the installation of required improvements in lieu of actual installation prior to final subdivision plat approval.

(B)

Performance security shall comply with all statutory requirements and shall be in the form of a letter of credit from a bank licensed to do business in Florida, a performance bond where the bonding company is duly organized and licensed to issue bonds in the State of Florida, or a cash deposit held in escrow by the City.

(C)

The amount of performance security shall be based upon an estimate of completion cost by the engineer of record, shall be subject to verification by City Engineer, and shall total 110% of the estimate of completion.

(D)

The effective period of performance security shall not exceed one (1) year from the date of approval of the final subdivision plat.

(E)

Performance security provided under this Section shall be subject to the approval of the Board of Commissioners at the time of final subdivision plat approval.

(F)

The City shall receive payment in full in accordance with the procedure established by law for all required improvements not completed at the termination of the performance security.

184.06   Minor subdivision review.

(A)

A minor subdivision is a subdivision containing not more than four (4) lots and not involving the creation of any new street, any new access or the extension of other public facilities.

(B)

A minor subdivision in which two lots are proposed to be created from a single parcel of land may be approved by the Technical Review Committee upon a finding of consistency with all applicable standards of this Code. A minor subdivision involving the creation of three or four lots is subject to site plan review and approval by the City Commission. However, the City Commission may waive the final requirement for final subdivision plat review.

184.07   Final subdivision plat review.

(A)

Upon satisfactory completion and certification of all required improvements a final subdivision plat shall be submitted.

(B)

The final subdivision plat shall be reviewed by the Technical Review Committee (TRC) for conformance with the approved site plan and compliance with Chapter 177, Florida Statutes.

(C)

Prior to approval by the City Commission, all required improvements and as-built drawings shall have been completed and certified in accordance with the requirements of this Article.

(D)

Upon determination by the Technical Review Committee (TRC) that the final subdivision plat and required improvements are compete in conformance with the requirements of this Code, the final subdivision plat shall be sent to the City Commission for approval.

(E)

Upon approval of the final subdivision plat by the City Commission, the plat shall be forwarded along with all other related legal documents to the Pinellas County Clerk of the Circuit Court for recording.

(F)

Approval of a final subdivision plat shall constitute dedication and acceptance of all improvements, easements, and rights specified on the plat as public.

(G)

A final subdivision plat application shall conform to the following minimum specifications:

(1)

The requirements of Chapter 177, Florida Statutes;

(2)

The plat shall be made under the direction of a registered land surveyor who shall certify the plat;

(3)

The plat shall be submitted in the form of one original on good grade linen tracing cloth, one reproducible mylar, and blueline copies in the number required by the City;

(4)

The sheet size shall be 22" by 24" with a 3-inch margin on the left side and a ½-inch margin on each of the remaining sides;

(5)

Multiple sheets shall have clearly labeled match lines;

(6)

A scale, north arrow, and legend shall be provided;

(7)

Section, Township, Range shall be provided;

(8)

PRMs and PCPs shall be clearly marked;

(9)

Section and quarter section lines shall be shown;

(10)

Location, width, and name of all streets, waterbodies, or other rights-of-way shall be provided.

(11)

Location, width and purpose of all easements shall be provided;

(12)

All contiguous property shall be identified by subdivision title, plat book, and page, or noted "not platted";

(13)

Lot and Block numbering shall be clearly indicated;

(14)

Lot dimensions shall be provided;

(15)

Street centerlines shall be shown;

(16)

Park, open space, or other public parcels (with dimensions) shall be shown;

(17)

Interior outparcels shall be labeled "not a part of this plat" (with dimensions);

(18)

Location, purpose, and width of all dedications shall be provided;

(19)

Building setback lines if greater than that required by normal zoning shall be shown;

(20)

Name of City and County shall be shown;

(21)

Name of Subdivision shall be shown;

(22)

Each plat shall show a description of the lands to be subdivided;

(23)

The survey closure data for the lands to be subdivided shall be provided;

(24)

All common improvements and open spaces shall be noted on the plat as privately maintained;

(25)

The continued maintenance of common improvements and open spaces shall be provided for in accordance with the requirements of this Code.

(H)

All final subdivision plat applications shall include the following certifications:

(1)

A title certification completed by an attorney licensed in Florida or title company showing the apparent record title to the land described on the plat and any outstanding mortgages on same;

(2)

A certificate of ownership and dedication executed by all persons or companies having a record interest in the land to be subdivided in accordance with the title certification. All mortgagees having a record interest shall either sign the certificate of dedication or submit a separate instrument joining in and ratifying the plat and dedications. No private improvements or open space shall be dedicated to the City, and so indicated or labeled on the final subdivision plat;

(3)

Surveyors Certification;

(4)

Certificate of Approval of the City Commission;

(5)

Certificate of Approval of the Clerk of the Circuit Court;

(6)

Reservation of easements;

(7)

A special assessment liens search by the City Clerk and Collector.

185.00 - Waivers.

(A)

In connection with the approval of a site plan for the purpose of subdivision approval, the City Commission may waive or modify any design requirement of this Article. However, the City Commission may not waive the development standards contained in Article X of this Code or the zoning district dimensional regulations of this Code, except as provided for in Subsection (D) of this Section.

(B)

No waiver or modification may be granted unless one or more of the following circumstances exist and where Subsection (C) of this Section is met:

(1)

Where the waiver or modification is necessary to preserve or enhance significant existing environmental or cultural features, such as trees, scenic areas, historic sites or public facilities related to the development site.

(2)

Where the strict application of the requirement would effectively deprive the owner of all reasonable use of the land, due to its unusual size, shape, topography, natural conditions or location, provided:

(a)

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case, and

(b)

The unusual conditions involved are not personal to, nor the result of actions of the developer, property owner or their predecessors in interest;

(3)

Where strict application of the requirement would be technically impractical in terms of engineering, design, or construction practices, due to the unusual size, shape, topography, natural conditions, or location, of the land or due to improved efficiency, performance, safety, or construction practices which will be realized, provided;

(a)

The development will provide an alternative adequate to achieve the purposes of the requirement;

(b)

Any unusual conditions creating the impracticality are not personal to, nor the result of the actions of the developer, property owner or previous property owner.

(4)

Where all or any part of the requirement has no relationship to the development, or to the impact of the development on the public facilities, land use, traffic, or environment of the neighborhood and the general community, due to the location, scale or type of development involved.

(C)

Where the development will provide an alternative which will achieve the purposes of the requirement through clearly superior design, efficiency or performance.

(D)

In older established areas, where it is deemed necessary to create a development consistent with the established land use pattern, the City Commission may consider a waiver to the lot dimension requirements of this Code in conjunction with the approval of a site plan for the purpose of subdivision approval.