The subdivision regulations set out in this article are intended to aid in the coordination of land development in accordance with orderly physical patterns; to discourage haphazard, uneconomic or scattered land development; to encourage development of economically stable and healthful communities; to ensure proper identification, monumentation and recording of real estate boundaries; to ensure to the purchaser of land in the subdivision that adequate and necessary physical improvements of lasting quality will be installed by the developer, and ensure that citizens and taxpayers will not bear this cost; to provide for safe and convenient traffic circulation; to provide an efficient, adequate and economic supply of utilities and services to new land developments through the dedication or reservation of land for recreational, educational and other public purposes; to help conserve and protect physical, economic and scenic resources; to promote the public health, safety, comfort, convenience and general welfare; and to serve as an instrument of comprehensive plan implementation authorized by F.S. ch. 163.

(Code 1983, § 157.01; Code 1996, § 26-881)

No lot plan shall be accepted or approved by the town authorities unless it appears on the face of the lot plan that the requirements of this article have been complied with to the extent that the requirements may be made to appear on the lot plan.

(Code 1983, § 157.03; Code 1996, § 26-882)

Where it is proposed to subdivide any lands in the town into lots for sale to the public, the provisions of this article shall be the minimum requirements.

(Code 1983, § 157.04; Code 1996, § 26-883)

Before any land under the jurisdiction of this article is to be subdivided or replatted which will require any easement or public right-of-way to be created, or before any building, drainage or utility construction in such subdivision is begun, plans shall be submitted to the planning board and approved by the town council according to the procedures established in this article.

(Code 1983, § 157.02(A); Code 1996, § 26-884)

Every subdivision or replatting of lands made within the provisions of this article shall be made under the responsible direction and supervision of a land surveyor who shall certify on the plat that the plat is a true and correct representation of the lands surveyed, that the survey was made under his responsible direction and supervision, and that the survey data complies with all requirements of this article and F.S. ch. 177. The certification shall bear the signature, registration number and the official seal of the land surveyor.

(Code 1983, § 157.02(B); Code 1996, § 26-885)

Prior to the preparation of the preliminary plat, the subdivider or his agent, or the person required to replat or his agent, shall informally seek the advice of the town council, the planning board, building code administrator and other responsible agencies, in order to become familiar with the subdivision or replatting requirements and provisions of the comprehensive plan affecting the territory in which the subdivision or replatting is proposed to be located. The subdivider or replatter shall submit ten copies of adequate plans and data to clearly show existing conditions of the site and its vicinity and the proposed layout of the subdivision. It is intended that this procedure will assist the subdivider or replatter in preparing a plat which will meet the requirements of this article.

(Code 1983, § 157.02(C); Code 1996, § 26-886)

Prior to the making of any improvements or the installation of utilities, the subdivider or replatter shall secure from the town council an approval or conditional approval for a preliminary plat and construction plans of the proposed subdivision in accordance with the following procedure:

(1)

Application for preliminary approval. In order to formally seek action on the preliminary plat, the subdivider shall submit an application form, a minimum of 20 copies of the preliminary plat and the application fee to the building code administrator.

(2)

Fees. A fee shall be paid to the town by the subdivider at the time of filing the application to defray the cost of filing such application, notifying interested parties and holding a hearing on the preliminary plat. Such fee shall be in accordance with the town's fee schedule in effect at the time of the filing.

(Code 1983, § 157.02(D)(1), (2); Code 1996, § 26-906)

The preliminary plat shall be drawn clearly and legibly at a scale of at least one inch equals 100 feet using a sheet size of 24 inches by 36 inches, reserving a three-inch binding margin on the left side and a one-inch margin on the other three sides. If more than one sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet. The preliminary plat shall contain the following information:

(1)

Proposed name of the subdivision.

(2)

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

(3)

Name and registration number of the surveyor.

(4)

Date of survey, north point, graphic scale, date of plat drawing and space for revision dates.

(5)

Vicinity map showing the location with respect to major roads and acreage of the subdivision.

(6)

Boundary line of the tract by bearing and distance.

(7)

Legal description of the tract to be subdivided.

(8)

Names of owners of adjoining land with their approximate acreage.

(9)

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

(10)

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

(11)

Preliminary layout, including easements, lot lines with approximate dimensions, land to be reserved or dedicated for public use, and any land to be used for purposes other than single-family dwellings.

(12)

Block letters and lot numbers.

(13)

Land use district boundaries on and abutting the tract.

(14)

Proposed method and approval by all franchised utilities of water supply, sewage disposal, drainage, street lighting and electrical distribution system.

(15)

Minimum building front yard setback lines.

(16)

Surface drainage with direction of flow and method of disposition indicated.

(17)

Soil survey map.

(18)

Subsurface conditions of the tract showing subsurface soil, rock and groundwater conditions; location and results of soil percolation tests; location and extent of muck pockets.

(19)

Existing covenants and restrictions.

(20)

Any other information that may be considered necessary for full and proper consideration of the proposed subdivision.

(21)

Inscription stating, "Not for final recording."

(Code 1983, § 157.02(E); Code 1996, § 26-907)

The building code administrator shall forthwith transmit one copy of the preliminary plat to the town administrator, copies to the members of the town council and additional copies to the appropriate agencies. Each of these agencies shall review the preliminary plat and submit any written recommendations to the planning board, which shall hold a public hearing on the preliminary plat. Notice of such hearing shall be given by publication in a newspaper of general circulation in the town at least ten days prior to such hearing. The subdivider or replatter, or his duly authorized representative, shall attend such meetings of the planning board to discuss the preliminary plat.

(Code 1983, § 157.02(D)(3); Code 1996, § 26-908)

The planning board's review of the preliminary plat shall include consideration of the review comments. In addition, particular attention shall be given to the arrangement and location of water supply, sewage disposal, drainage, lot sizes and arrangement, the present or future development of adjoining lands, and the requirements of the comprehensive plan and land development regulations.

(Code 1983, § 157.02(D)(4); Code 1996, § 26-909)

Following the hearing on the preliminary plat, the planning board shall recommend to the town council one of the following actions:

(1)

Issue a certificate of preliminary plat approval.

(2)

Issue a certificate of conditional plat approval, subject to any necessary modifications which shall be noted on the preliminary plat or attached to it in writing.

(3)

Disapproval of the preliminary plat or any portion thereof, stating the reasons for disapproval in writing. The subdivider or replatter may reapply for preliminary plat approval in accordance with the provisions of this division.

(Code 1983, § 157.02(D)(5); Code 1996, § 26-910)

The recommendation of the planning board and the action of the town council shall be noted on three copies of the preliminary plat, one copy of which shall be returned to the subdivider or replatter, another retained by the building code administrator, and the third to be kept on file at the town hall.

(Code 1983, § 157.02(D)(6); Code 1996, § 26-911)

Failure of the planning board to make a recommendation to the town council, as required by section 26-986, within 90 days of filing the preliminary plat shall give the applicant the right to appeal directly to the town council for action, unless the applicant agrees to an extension of such time.

(Code 1983, § 157.02(D)(7); Code 1996, § 26-912)

Approval of the preliminary plat by the town council shall not constitute approval of the final plat, but shall be deemed an expression of approval for the layout submitted as a guide to the preparation of the final plat. Preliminary approval shall expire and be of no further effect 12 months from the date of preliminary approval unless the time is extended by the town council prior to expiration; the subdivider or replatter must then reapply for preliminary plat approval in accordance with provisions of this division.

(Code 1983, § 157.02(D)(8); Code 1996, § 26-913)

(a)

Preparation of construction plans. Following approval of the preliminary plat, the subdivider shall submit construction plans and specifications for all proposed subdivision improvements. These construction plans must be prepared in conformance with this article by a professional engineer registered in the state.

(b)

Submission and review of construction plans. The subdivider shall submit four sets of prints approved by all interested agencies of the completed construction plans and the approved preliminary plat to the building code administrator. The subdivider shall pay a fee in accordance with the town's building permit fee schedule in effect at the time of submittal, based on the cost of construction of all the improvements required by this article, to defray the cost of the administration of the subdivision. Following review, if construction plans are consistent with the approved preliminary plat and comply with all standards and specifications, the building code administrator shall notify the subdivider, the planning board and the town council of construction plan approval. If the construction plans are not consistent with the approved preliminary plat or do not comply with all standards and specifications, the building code administrator shall notify the subdivider, the planning board and town council as to:

(1)

Conditional construction plan approval, subject to any necessary modifications which shall be indicated on the plans or attached to it in writing; or

(2)

Disapproval of the construction plans or any portion thereof, indicating in writing the reasons for such disapproval.

(Code 1983, § 157.02(F)(1), (2); Code 1996, § 26-936)

Approval of the construction plans is authorization to proceed with installation of any improvements required, subject to the approval of agencies having proper authority, and the preparation of the final plat or unit division thereof, and in certain instances as specified in this article, subject to the posting of a surety device as follows:

(1)

If the final plat is to be recorded prior to installation of improvements, a surety in the form of a performance bond, trust deed or escrow agreement, approved by the town attorney, shall be filed with the town administrator. Such surety shall cover at least 110 percent of the cost of all required improvements, such as drainage, water, sewerage, gas and electrical distribution systems, with estimates provided by the subdivider approved by the town administrator. The surety shall be conditioned upon the faithful performance by the subdivider of all work required to complete all improvements and installations for the subdivision, or unit division, in compliance with this article within a period of one year and shall be payable to and for the indemnification of the town.

(2)

If improvements are installed prior to final plat approval in accordance with the specifications of this article and such improvements have been inspected and approved by the town administrator and the subdivider's engineer, the following certification shall be substituted for a surety device:

I hereby certify that I have inspected the utilities, monuments and other improvements shown on the plat of ___________ subdivision and to the best of my knowledge find that the same have been constructed and installed in accordance with prescribed specifications and a maintenance bond in the amount of $_____ posted and find that there are no visible defects in the materials and workmanship apparent in such improvements.

Approved:

(Code 1983, § 157.02(F)(3); Code 1996, § 26-937)

Plans for the required improvements shall be prepared for the approval of the town administrator prior to construction and only after approval of the preliminary plat. Such improvement plans shall show the proposed locations, sizes, types, grades and general design features of each facility, and shall be based upon reliable field data. These drawings shall include the following information:

(1)

A topographic map of the subdivision as required by the town administrator with a maximum contour interval of one foot where overall slopes are zero to two percent, two feet where slopes are over two percent but less than ten percent, or five feet where slopes are over ten percent, based on U.S. Coast and Geodetic Datum. Such map shall be prepared by a land surveyor.

(2)

A drainage map of the entire basin within which the subdivision lies. This map may be combined with the required topographic map, including all ridges outlining the basin and the size of the basin in acres, of all existing and proposed drainage areas of flow concentration. Flow paths shall be indicated throughout, including final outfalls within the subdivision and basin.

(3)

Improvement construction drawings. Three sets of blueprints of these drawings shall be submitted, and the sheet size shall be 24 inches by 36 inches unless another size is approved by town staff. The drawings shall be referenced to the name and unit number of the proposed subdivision, shall show elevations based on a mean sea level datum plan approved by the town administrator, and shall show the following information: Water supply, sewers, stormwater drainage, gas system, cable television, telephone system and electrical distribution system. The plans and profiles of proposed water distribution systems, sanitary sewers, stormwater drainage sewers, other drainageways, gas system, cable television, telephone system and electrical distribution systems, at a horizontal scale equal to the horizontal scale of the subdivision plan and a vertical scale of one-tenth of the horizontal scale, with grades and sizes indicated.

(Code 1983, § 157.02(G); Code 1996, § 26-938)

(a)

Generally. No lots shall be sold, nor shall any permit be issued by the building code administrator for the construction of any permanent building within such subdivision unless and until the final plat has been approved by the planning board and the town council and duly recorded by the clerk of the circuit court. The final plat shall conform substantially to the preliminary plat as approved by the town council and shall incorporate all modifications and revisions specified in the approval of the preliminary plat. A final plat may constitute only a portion of the approved preliminary plat. After completion of the required improvements of the subdivision or the posting of a surety bond, the subdivider shall submit to the building code administrator a final plat in accordance with the procedure set out in this division.

(b)

Application for approval. After the preliminary plat of a proposed subdivision has been given approval by the town council, the subdivider shall, within 12 months or such additional time as may be granted by the town council, submit to the building code administrator, at least 45 days prior to the meeting of the planning board at which it is to be considered, the following:

(1)

A letter requesting review and approval of the final plat.

(2)

The original linen or Mylar tracing of the final plat and two reproducible linen or Mylar copies.

(3)

Five printed copies of the final plat with signed certification and other documents as specified in this article.

(Code 1983, § 157.02(H)(1), (2); Code 1996, § 26-961)

The final plat shall be drawn clearly and legibly at a scale of at least one inch equals 100 feet using a sheet size of 24 inches by 36 inches, reserving a three-inch binding margin on the left side and a one-inch margin on the other three sides. If more than one sheet is required, an index map relating each sheet to the entire subdivision shall be shown on the first sheet. The final plat shall conform to F.S. ch. 177, as amended, and contain no less than the following information:

(1)

Name of the subdivision.

(2)

Name and address of the subdivider.

(3)

North point, graphic scale and date.

(4)

Vicinity map showing the location and acreage of the subdivision.

(5)

Exact boundary line of the tract, determined by a field survey, giving distances to the nearest 1/10 0 foot and angles to the nearest minute, and shall be balanced and closed with an apparent error of closure not to exceed one in 5,000.

(6)

Legal description of the tract.

(7)

Bearing and distance to permanent points on the nearest existing street lines of benchmarks or other permanent monuments; not less than three shall be accurately described on the plat.

(8)

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

(9)

The closest land line or section corner shall be accurately tied to the lines of the subdivision by distance and angles.

(10)

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

(11)

Lot lines shall be shown with dimensions to the nearest 1/10 0 foot and bearings.

(12)

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

(13)

Accurate location and description of monuments and markers shall be described on the plat.

(14)

Minimum building front yard setback lines.

(15)

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

(16)

Covenants and restrictions shall be filed for record with the clerk of the circuit court and the recording information shown on the plat.

(17)

Signed certificates. The following certificates shall appear on the final plat, and certificates listed under subsections (17)a and (17)b of this section shall be properly signed before the final plat is submitted to the planning board:

a.

Certificate of the surveyor.

b.

Certificate of ownership and dedication.

c.

Certificate of recommendation by the planning board.

d.

Certificate of approval by the town council.

(Code 1983, § 157.02(I); Code 1996, § 26-962)

A maintenance bond in the amount of ten percent of the total cost of all required drainage improvements shall be posted as a condition to final plat approval by the town. Such maintenance bond will be returned to the subdivider at the end of one year from the time of final plat approval, provided that all required improvements have been properly maintained, as approved by the town administrator.

(Code 1983, § 157.02(F)(4); Code 1996, § 26-963)

The planning board shall review and make its final recommendation on the final plat within 45 days after the plat is submitted to the building code administrator. Failure of the planning board to make a recommendation within 45 days of submittal shall give the applicant the right to appeal directly to the town council for action, unless the applicant agrees to an extension of time. Before submission of the final plat, the planning board shall receive a written report from the town administrator certifying compliance with or noting deviations from the approved preliminary plat and the requirements of this article. When substantial errors are found in the accuracy of the final plat, the subdivider shall be responsible for correction in the survey or the final plat.

(Code 1983, § 157.02(G)(3); Code 1996, § 26-964)

If the final plat meets all requirements of this article and complies with the approved preliminary plat, the planning board shall recommend approval of the final plat and indicate its recommendation on each copy by signature of the planning board chairperson. If the final plat is recommended for disapproval by the planning board, the reason for such action shall be specified in writing. One copy of such reasons shall be transmitted to the town council and one copy to the subdivider. The subdivider may make the recommended changes and resubmit the final plat to the planning board.

(Code 1983, § 157.02(G)(4); Code 1996, § 26-965)

(a)

If the final plat meets all the requirements of this article and complies with the approved preliminary plat, the town council shall approve the final plat and indicate its approval on each copy by signature of the mayor as attested by the town administrator.

(b)

If the final plat is disapproved by the town council, the reasons for disapproval shall be stated in writing. A copy of such reasons shall be sent to the subdivider. The subdivider may make the necessary changes and resubmit the final plat to the town council.

(Code 1983, § 157.02(G)(5); Code 1996, § 26-966)

Upon approval of the final plat by the town council, the original linen or Mylar tracing of the final plat shall be recorded with the clerk of the circuit court by the town administrator, with all recording fees paid by the subdivider. The final plat shall be recorded prior to the sale of any lot within the subdivision. Upon recording the approved final plat, a copy of any private covenants or deed restrictions shall be provided by the subdivider for the records of the building code administrator. One reproducible copy of the final plat shall be retained by the building code administrator and one copy by the town administrator.

(Code 1983, § 157.02(G)(6); Code 1996, § 26-967)

The paved portion of streets shall contain a minimum of six inches of compacted local lime rock (subbase), properly water-bound and finished and treated with the standard two-inch asphalt surfacing or other comparable wear-resisting material. Concrete roads or other type of Class A pavement of the minimum width, and built upon good engineering principles, may be substituted.

(Code 1983, § 157.05; Code 1996, § 26-996)

The width of utility easements shall not be less than eight feet.

(Code 1983, § 157.06; Code 1996, § 26-997)

The width of all private drives shall be not less than 16 feet. Private drives shall be fully paved.

(Code 1983, § 157.07; Code 1996, § 26-998)