LAND SUBDIVISION AND PLATTING
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:
Comprehensive plan means the Sweetwater Comprehensive Plan adopted by the city commission pursuant to F.S. ch. 163.
Final plat means the final tracing, map or drawing or chart on which the subdivider's plan of subdivision is presented for approval, and which if approved, will be submitted to the clerk of the circuit court for recording.
Lot means a portion of a subdivision or other parcel of land, however designated, intended as a single building site or unit for transfer of ownership or for development.
Development review committee (DRC) means the city's staff-level committee responsible for reviewing and making a recommendation on all subdivision applications submitted to the City of Sweetwater pursuant to this article. For the purpose of plat review, the committee is composed of the city planner, city engineer, and building and zoning director.
Streets, alleys, easements and rights-of-way are defined as follows:
1.
Alley means a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
2.
Arterial street means a heavily traveled street of considerable continuity used primarily as a main traffic artery.
3.
Collector street means a street which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development and streets for circulation within such development.
4.
Cul-de-sac or dead-end street means a minor street with only one outlet terminating at one end with a turnaround.
5.
Easement means a strip reserved by the subdivider for public utilities, drainage and other public purposes, the title to which shall remain in the property owner, subject to the right of use designated in the reservation of the easement.
6.
Limited access highway or freeway means a highway which permits no access except at authorized and controlled points, the acquisition of rights-of-way for such highway usually including the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access right.
7.
Marginal access street means a minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.
8.
Minor street means a street used primarily for access to the abutting properties.
9.
Street means a way for vehicular traffic.
10.
Right-of-way width means the shortest distance between the lines delineating the right-of-way of a street.
11.
Right-of-way means a strip of ground dedicated by the subdivider, deeded by the owner, for public use.
12.
Zoned and/or planned right-of-way means an existing or proposed right-of-way which is officially designated and reserved for use as a right-of-way, in accordance with section 62-341.
13.
Limited access line means a designated line across which there shall be no vehicular access.
Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this article to effect a subdivision of land.
Subdivision means:
1.
The division of land for any use so as to create one or more lots, sites, tracts or parcels otherwise designated of any size for the purpose of transfer of ownership, or building development. The division of land which is unzoned, shall not be deemed subdivision if the land is being divided into parcels each of which is five acres or more in size, including any official right-of-way.
2.
The dedication of a road, highway, street, alley, easement through or on a tract of land, regardless of area.
3.
The resubdivision of land previously divided or platted into lots, sites or parcels.
Tentative plat means a preliminary map, drawing or chart indicating the proposed layout of the subdivision submitted for approval.
A.
The public health, safety, comfort, and welfare requires the harmonious, orderly, and progressive development of land. In furtherance of this purpose, this article regulates the subdivision of land. It is the further intent of this article to secure:
1.
The establishment of standards of subdivision design which will encourage the development of sound and economically stable communities, and the creation of healthy living environments.
2.
The efficient, adequate and economic supply of utilities and services to land developments.
3.
The prevention of traffic hazards and the provisions of safe and convenient vehicular and pedestrian traffic circulation in land developments.
4.
The provision of public open spaces in land developments for recreational and educational purposes.
B.
This article is intended to aid in the coordination of land development in the community and to implement the comprehensive plan, and such zoning regulations and other measures in furtherance of the comprehensive plan.
(Ord. No. 3788, § 2, 8-5-2013)
No person shall create a subdivision of a tract of land anywhere in the city except in conformity with this article.
(Ord. No. 3788, § 3, 8-5-2013)
A.
Whenever this article requires a specific action of the city staff or consultants, any and all such actions will be subject to the approval of the mayor.
B.
Whenever design requirements are established by city staff or consultants, pursuant to the provisions of this article, all such design requirements will be subject to the approval of the mayor.
(Ord. No. 3788, § 4, 8-5-2013)
Whenever land is subdivided, a plat must be recorded, except in the three circumstances listed below where a waiver of plat may be approved.
1.
The subdivision involved consists only of the dedication of a road, highway, street, alley or easement, and due to unusual conditions and circumstances, the plat committee (DRC) finds that it is not necessary that a plat be recorded. In lieu of the recording of a plat, the dedication may be required by deed and may be subject to compliance with such conditions as may be deemed appropriate under the particular circumstances, such as improvements of sidewalks, streets, or drainage facilities and the acceptance of the dedication by the city. Posting of bond may be required.
2.
The land to be subdivided is to be divided into no more than six parcels and because of unusual conditions created by ownership or development of adjacent lands, the isolation or remoteness of the land concerned in relation to other platted or improved lands, or improvements and dedications existing on the land substantially in accordance with the requirements of this article, it is determined by the DRC that waiving of the requirement for platting would not conflict with the purpose and intent of this article. In lieu of platting, the committee may require any dedications, reservations, or improvements required in connection with platting under this article, including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this article.
3.
The resubdivision of land heretofore platted is of such unusual size or shape, or is surrounded by such development or unusual conditions as may be determined by the development review committee to justify the waiving of the requirement for the recording of a plat. In lieu of the recording of a plat, such conditions may be imposed as may be deemed necessary and appropriate to preserve the public interest.
(Ord. No. 3788, § 5, 8-5-2013)
A.
To determine if the waiving of the requirement for platting would not conflict with the purpose and intent of this article and if the exceptions contained in section 11.05.00 are applicable, a waiver of plat survey shall be submitted by the property owner.
B.
A waiver of plat application shall be submitted, signed by the owner and notarized on a form prescribed by the city.
C.
The waiver of plat survey shall be prepared by a land surveyor registered in the State of Florida and shall bear the embossed seal of the land surveyor.
D.
The waiver of plat survey shall include the following items, unless specifically waived by the city:
1.
Legal description of the parent tract.
2.
Legal description of each parcel to be created.
3.
Location of property lines, existing easements, buildings, waterways and other essential features.
4.
The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drainage systems on the property to be subdivided.
5.
Locations, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other open public spaces and similar facts regarding immediately adjacent property.
6.
Date of field survey, north point and graphic scale.
7.
The width and location of all streets or other public ways proposed by the developer.
8.
The proposed lot lines with dimensions.
9.
Existing ground elevations of the property and extending not less than 25 feet beyond the boundaries of the property.
10.
Existing easements or restrictions shown on any underlying play shall be indicated.
11.
The location of all buildings, slabs, fences and other permanent structures on the adjacent properties that would be nonconforming with the creation of the requested division of land.
(Ord. No. 3788, § 6, 8-5-2013)
A.
Upon receipt of an application for a waiver of plat, the development review committee will determine whether or not the application meets any of the conditions of section 11.05.00, and, if so, whether or not the application is complete and in conformance with the requirements of section 11.06.00.
B.
All applications for waiver of plat which are denied by the DRC for not being in conformance with sections 11.05.00 and 11.06.00, will be returned to the applicant with a list of reasons for the denial. If a proposed subdivision does not qualify for the waiver of plat process pursuant to section 11.05.00 herein, then a tentative plat is required (see section 11.14.00).
C.
All applications for waiver of plat which are accepted by the DRC as being in conformance with sections 11.05.00 and 11.06.00 will be evaluated. The committee shall issue its recommendation and schedule the application for consideration for the next available agenda of the city commission. If the city commission approves the waiver of plat application, this action will be confirmed by resolution.
(Ord. No. 3788, § 7, 8-5-2013)
All plats must conform to the following street design standards:
1.
Conformance. The arrangement, extent, width, grade and location of all streets shall conform to the master plan and shall be considered in their relation to existing and planned streets, topographical conditions, to public conveniences and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown in the master plan, the arrangement and the other design standards of streets shall conform to the provisions found in this section.
2.
Relation to adjoining street system. The arrangement of streets in new subdivisions shall make provisions for the continuation of existing streets in adjoining areas.
3.
Projection of street. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provisions for the proper projection of streets.
4.
Streets to be carried to property lines. When a new subdivision adjoins unsubdivided land, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided where required to promote reasonable development of the adjacent lands or provide continuity of road systems.
5.
Street jogs. Street jogs with centerline offsets of less than 125 feet shall be prohibited unless, because of unusual conditions, the plat division determines that a lesser centerline offset is justified.
6.
Dead-end streets or cul-de-sacs. Dead-end streets or cul-de-sacs designed to be so permanently, shall not be longer than 600 feet, and at the closed end, a turnaround having an outside roadway diameter of at least 84 feet, and a street property line diameter of at least 100 feet, may be required. If a dead-end street is of a temporary nature, a similar turnaround may be required, and provisions made for future extension of street into adjoining property, as may be required by the city engineer.
7.
Marginal access streets. Where a subdivision abuts or contains an existing limited access highway or arterial street, marginal access streets, or other such treatment as may be necessary for adequate protection of residential property and to afford separation of through and local traffic, may be required.
8.
Minor streets. Minor streets shall be so laid out that their use by through traffic shall be discouraged.
9.
Railroad on or abutting subdivision. Where a subdivision borders on or contains a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way may be required, at a distance suitable for the appropriate use of the intervening land for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall be determined with due regard for the requirements of approach grade and future grade separation in accordance with uniform standards prescribed by the city engineer.
10.
Tangents. A tangent of at least 100 feet long shall be introduced between reversed curves on arterial and collector streets.
11.
Deflection of connecting street lines. 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 and safe turning movement in accordance with uniform standards prescribed by the city engineer.
12.
Right-angle intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles.
13.
Rounding of property lines at intersections. Property lines at street intersection shall be rounded with a radius of 25 feet. A greater radius may be prescribed by the city engineer in special cases in accordance with uniform standards prescribed by applicable regulations. The city engineer may permit comparable cutoffs or chords in place of rounded corners.
14.
Right-of-way widths. Street right-of-way widths shall be as shown on the master plan or in the City's Code of Ordinances.
15.
Half streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of this article, and where the city engineer finds it will be practical to require the dedication of the other half when adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tracts.
16.
Names and numbers. No street names or numbers shall be used which will be confused with or duplicate the name of existing streets. Street names shall be subject to the approval of the city engineer.
(Ord. No. 3788, § 8, 8-5-2013)
All plats must conform to the following design standards for alleys:
1.
Alleys may be dedicated in commercial and industrial districts, except that the city engineer may waive this requirement where other definite and ensured provision is made for service access, such as off-street loading, unloading, and parking consistent and adequate for the uses proposed.
2.
The width of any alley shall not be less than 20 feet.
(Ord. No. 3788, § 9, 8-5-2013)
All plats must conform to the following design standards for easements:
1.
Easements across lots, not including drainage, and, where possible, centered on rear or side lot lines shall be provided for utilities, where necessary.
2.
Where a subdivision is traversed by a watercourse, drainageway or canal, 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. 3788, § 10, 8-5-2013)
All plats must conform to the following block design standards:
1.
The length, width and shape of blocks shall be determined with due regard to:
a.
Provisions of adequate building sites suitable to the special need of the type of use contemplated.
b.
Zoning requirements as to lot size and dimensions.
c.
Need for convenient access, circulation, control and safety of street traffic.
d.
Limitations and opportunities of topography.
2.
Block length shall not exceed 1,500 feet, or be less than 400 feet, unless a lesser or greater length is requested by the subdivider and is deemed advisable because of unusual conditions by the city engineer.
3.
In blocks 900 feet in length or over, pedestrian crosswalks not less than ten feet wide may be required to provide circulation or access to school, playground, shopping center, transportation, and other community facilities.
(Ord. No. 3788, § 11, 8-5-2013)
All plats must conform to the following lot design standards:
1.
The lot depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and on the type of development and use contemplated.
2.
Lot dimensions shall conform to the requirements of the city's zoning code.
3.
Each lot shall be provided, by means of a public street with satisfactory access to an existing public street, or, in the case of units within a townhouse site, or cluster development, each lot shall be provided perpetual right of access by private street or roadway to an existing public street.
4.
Double frontage or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. A decorative masonry wall or, in the sole discretion of the city engineer, a combination of fence and landscaping that proves a satisfactory buffer may be required along the rear property line, across which there shall be no right of vehicular access. This portion of the block line shall be shown as a limited access line on the final plat.
5.
Side lot lines shall, where possible, be substantially at right angles or radical to street lines.
(Ord. No. 3788, § 12, 8-5-2013)
Those design standards enumerated within sections 8-12 herein may be waived by the DRC except that [sub]section 11.12.00.2. may not be waived.
(Ord. No. 3788, § 13, 8-5-2013)
The subdivider or his engineer, or land surveyor, prior to the preparation of the tentative plat, may informally seek the advice of the city engineer to become familiar with the subdivision requirements and with the provisions of the comprehensive plan affecting the territory in which the proposed subdivision is located.
(Ord. No. 3788, § 14, 8-5-2013)
The tentative plat shall show on a map all of the facts and data required by the development review committee to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest.
(Ord. No. 3788, § 15, 8-5-2013)
The following information shall be part of the tentative plat unless waived by the city:
1.
Proposed subdivision name, identifying title and the section, township and range, in which the proposed subdivision is located.
2.
Location of property lines, existing easements, buildings, waterways, elevations, permits and other essential features.
3.
The names of all subdivisions immediately adjacent.
4.
The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drainage systems on the property to be subdivided.
5.
Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces and similar facts regarding immediately adjacent property.
6.
The width and location of any street or other public ways or places shown upon the official map or the master plan, within the area to be subdivided, and the width and location of all streets or other public ways proposed by the developer.
7.
Date of field survey, north point and graphic scale.
8.
Legal description and plan of proposed layout made and certified by a state licensed land surveyor.
9.
The proposed lot lines with approximate dimensions and, in the case of odd or irregularly shaped lots, suggested location of building setback lines.
10.
Where the tentative plat submitted covers only a part of the subdivider's entire holding, a master tentative plat of the prospective future street system of the unsubdivided part will be required, and the street system of the unsubdivided part will be considered in the light of adjustments and connection with the street system of the plat submitted.
11.
A tentative plat application signed by the owner and notarized on a form prescribed by the city engineer.
12.
The numbering of all lots, blocks and the lettering of all tracts shall be shown on the tentative plat. All lots or tracts shall be numbered or lettered progressively. All blocks shall be progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions.
13.
A map, at the scale of one inch equals 300 feet, show existing and proposed rights-of-way.
(Ord. No. 3788, § 16, 8-5-2013)
The following information shall be submitted in addition to the tentative plat if requested by the city:
1.
The names of owners of record of immediately adjacent property.
2.
Any changes in the permitted use, height, area, and density or other regulations under the city's zoning code applicable to the area to be subdivided, and any boundaries of zoning districts affecting the tracts, as well as all parcels of land proposed to be dedicated for public use and conditions of such dedications.
3.
Typical cross section of the proposed grading and roadways or sidewalks and topographic conditions.
4.
Location of closest available public water supply system.
5.
Location of closet available public sewage disposal system.
6.
Provisions for collecting and discharging surface drainage.
7.
Preliminary designs of any bridges or culverts which may be required.
8.
A boundary survey.
9.
If required by this article or if proposed by the subdivider, the proposed location of any type of sidewalks, street lighting standards and species of street trees; the location of curbs, gutters, water mains, sanitary sewers and storm drains and the sizes and types thereof; the character, width and depth of pavement and subbase; and the location of manholes and basins and underground conduits.
10.
The boundaries of proposed permanent utility easements over or under private property. Such easements shall provide satisfactory access to an existing public highway or other public open space shown upon the layout. Permanent drainage easements shall also be shown.
11.
All dimensions affecting public rights-of-way, and proposed dedication of the public rights-of way shall be established by a registered surveyor and shown on the grading and drainage plan accompanying approved and valid tentative plats when such plan is submitted for approval, with the same degree of accuracy as, and identical to, the corresponding dimensions shown on the final plat.
12.
A copy of the owner's deed or a current opinion of title from an attorney authorized to practice law in the State of Florida.
(Ord. No. 3788, § 17, 8-5-2013)
A.
All applications for tentative which are accepted by the development review committee as being in conformance with sections 11.15.00 through 11.17.00 above will be evaluated. The committee shall issue its recommendation and schedule the application for consideration for the next available agenda of the city commission. If the city commission approves the tentative plat application, this action will be confirmed by resolution.
B.
Decisions of the DRC as to an application for tentative plat may be appealed to the city commission. Such appeal shall be scheduled as an item on the next available city commission meeting.
C.
Tentative plat approval shall confer upon the subdivider the right for a 180-day period from the date of approval that the terms and conditions under which the tentative approval was granted will not be changed if the final plat is in accordance with the tentative approval. An additional 180-day extension period may be granted by the city engineer based upon unforeseen and unique circumstances demonstrated by the applicant.
(Ord. No. 3788, § 18, 8-5-2013)
Every plat and waiver of plat must be companied by a construction plan for the street and other improvements required pursuant to this article. This requirement may be waived by the development review committee (DRC) in unique instances where no improvements are required.
1.
Preparation. The subdivider, or his engineer, shall confer with the city to determine the standards and specifications which will govern the proposed improvements. The subdivider shall submit complete construction plans prepared by an engineer and/or surveyor, as the case may be, registered in the State of Florida for the entire development of the area for which application to plat has been submitted, together with the complete and accurate contour map, using an approved datum, for review and approval. The construction plans shall include the complete design of the required sanitary sewer system, water supply system, storm drainage system and the street system for the entire area to be subdivided. Due consideration shall be given to the problems that may be created by the subdivision of adjacent lands, especially as pertains to drainage in order that conformance with the overall drainage plan will be obtained. The subdivider shall do no construction work until his completed construction plans have been approved by the city. Reasonable time must be allotted for the proper study of the plans submitted.
2.
Construction of improvements. After approved construction plans have been filed and approved, the subdivider may construct the required improvements, subject to obtaining the required permits from the city and other appropriate agencies. Where deemed necessary, the city may require the subdivider to employ a registered engineer for complete supervision of the construction or installation of the improvements involved, and may require progress reports and a final certificate of the construction or installation from such engineer. The city will establish detailed regulations governing the inspections to be furnished by the developer or his engineer and may refuse to accept work which has been done without proper inspection. No construction work shall be undertaken prior to obtaining the required permits.
3.
Acceptance of improvements. When construction is complete, in accordance with the approved plan, and specifications comply with the provisions of this article, the subdivider shall obtain written final approval and acceptance from the city and other appropriate agencies.
4.
Bond in lieu of immediate construction. In lieu of immediate construction of improvements, the subdivider may file with the city a surety or cash bond in an amount approved by the city engineer from a company approved by the city to ensure the actual satisfactory completion of construction of proposed improvements within a period of not more than one year from the date of such bond. The bond for the installation of sidewalks may be a separate bond. Provisions shall be made for extension of all such bonds, such extension to be commensurate with the progress of the development. Provisions shall also be made for reduction of such bonds, such reduction to be commensurate with the percentage of improvements constructed in the subdivision concerned. The bond shall also include a maintenance provision for one year covering all improvements by the subdivider. The amount to be included for maintenance shall be determined by the city. Bonds shall be subject to cancellation, reduction or renewal only upon written certification by the city. The city engineer may accept subdivision improvement bonds required by Miami-Dade County pursuant to Chapter 28, Metropolitan Dade County Code, as satisfying the bonding requirements of this section.
(Ord. No. 3788, § 19, 8-5-2013)
A.
The developer shall plan all drainage for his subdivision in accordance with the master plan entitled " County Water Control Plan", recorded in plat book 64, page 14 and in accordance with the flood criteria map, recorded in plat book 53, pages 68, 69, and 70, or as such plan and map may be changed or modified. The drainage plans shall be subject to approval of the city engineer for compliance with such plan.
B.
Stormwater. Adequate provision shall be made for the disposal of stormwater, subject to standards prescribed by the city engineer.
C.
Off-site drainage. Off-site drainage shall be mutually coordinated by, and between, the subdivider and the city engineer.
(Ord. No. 3788, § 20, 8-5-2013)
A.
Construction; inspection; approval. All streets shall be constructed and surfaced in accordance with applicable standards of Miami-Dade County entitled "Specifications for Second Road Construction and Residential Streets," or in accordance with requirements indicated by the city engineer. Such construction shall be subject to the inspection by the city engineer or designated representative and subject to issuance of permits. Where street construction complies with specifications such installation shall be approved.
B.
Curbs, gutters and drainage. Curbs, gutters, drainage and drainage structures shall be provided in accordance with standard specifications or in accordance with the requirements of the city engineer. Such construction shall be subject to the inspection of the city engineer or designated representative and subject to issuance of permits therefor.
C.
Sidewalks. Sidewalks shall be required in all residential, multiple-family and business areas and along all arterial highways.
D.
Fill. Fill shall be placed in the entire subdivision to the elevations after settlement, indicated on the flood criteria maps prepared by the Miami-Dade County Department of Public Works. The type of fill shall be satisfactory to and meet with the approval of the city engineer. The city engineer may require soil tests of the fill and the underlying material, in areas in which streets or other public facilities are to be located. The fill for the balance of the subdivision may be certified by a registered engineer as to type and method of placement or the engineer shall submit a statement as to type of fill and method of placement, the latter statement being for information not certification purposes.
E.
Street signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the city and shall be placed in accordance with the requirements of the city planner.
F.
Waiver of improvements. Those required street improvements enumerated within subsections (a) through (e) of this section may be waived by the development review committee in cases where strict application of the requirement would be unnecessary or unfair to the applicant under the specific circumstances of the proposed plat.
G.
Lighting. Exterior light fixtures shall be installed by the developer along all public rights-of-way and private internal streets and alleys within, adjacent to, any subdivision, apartment, or condominium project with five or more dwelling units. These light fixtures must be installed according to the standards established by the city. All lighting fixtures must be fully operational prior to the first certificate of occupancy issued within the subdivision, apartment or condominium project.
(Ord. No. 3788, § 21, 8-5-2013)
A.
Connection and installation. Where a water supply system is required by the applicable regulation, each lot within the subdivision area shall be provided with a connection thereto. All systems and extensions shall be subject to the requirements of the City Code and shall be in accordance with all state and county regulations and standards governing their installation.
B.
Individual wells. Where a water supply system is not required, individual wells may be permitted if all county and state regulations and standards governing their installations and uses are adequately met.
C.
Fire hydrants. Fire hydrants or fire wells shall be installed in all subdivisions in accordance with the applicable standards.
(Ord. No. 3788, § 22, 8-5-2013)
A.
Connection and installation. Where a sewer system is required by applicable regulations, each lot in the subdivision shall be provided with a connection thereto. All systems, extensions, and connections shall be subject to the requirements of the City Code and shall be in accordance with all county and state regulations and standards governing their installation.
B.
Septic tanks. Septic tanks if permitted shall be installed in compliance with all of the requirements, specifications, and standards of the city, county and state governing their use.
(Ord. No. 3788, § 23, 8-5-2013)
Except as expressly provided in this section, all utility lines including, but not limited to, those required for electrical power distribution, telephone and telegraph communication, street lighting and television signal service shall [be] installed underground. This section shall apply to all cables, conduits or wires forming part of an electrical distribution system, including services lines to individual properties and main distribution feeder electric lines delivering power to local distribution systems; provided, however, it shall not apply to wires, conductors or associated apparatus and supporting structures whose exclusive function is in transmission of electrical energy between generating situations, substations and transmission lines of other utility systems. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, and meter cabinets may be placed above ground but shall be located in conformance with the requirements of the city. Easements shall be provided for the installation of utilities or relocating existing facilities in conformances with the rules and regulations of the respective utility company. In subdivisions of less than ten lots, the city engineer may waive the requirements for underground installations if the service to the adjacent area is overhead, and it does not appear that further development will occur. Any new service which is allowed by the provisions in this section to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date. The subdivider or developer shall make the necessary costs and other arrangements for such underground installation with each of the persons furnishing utility services involved.
(Ord. No. 3788, § 24, 8-5-2013)
Prior to the granting of the final approval, the subdivider shall have installed or shall have furnished adequate bond of 110 percent of the cost of improvements shown on the construction plan.
(Ord. No. 3788, § 25, 8-5-2013)
The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to the requirements of this article. Otherwise, it shall conform to the tentative plat, and it may constitute only that portion of the approved tentative plat which the subdivider proposed to record and develop at the time, provided that such portion conforms with all requirements of this article and meets with the approval of the PRC.
(Ord. No. 3788, § 26, 8-5-2013)
The final plat shall be prepared by a land surveyor registered in the State of Florida. The final plat shall be clearly and legibly drawn, to a sheet size of 18 inches by 28 inches or 30 inches by 36 inches and to a scale of sufficient size to be legible. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and state laws addressing the preparation of plats.
(Ord. No. 3788, § 27, 8-5-2013)
The contents of the final plat shall be as follows:
1.
Name of subdivision. The plat shall have a title or name.
2.
Deed description. Description written on map or plat. There shall be written or printed upon the plat a full and detailed description of the land embraced in the map or plat showing the section, township and range in which such lands are situated, the section and part of sections platted, and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat is a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.
3.
Names of adjacent subdivisions.
4.
Names or numbers and width of streets immediately adjoining plat.
5.
All plat boundaries.
6.
Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.
7.
Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.
8.
Accurate location of all monuments.
9.
Lengths of all arcs, radii, internal angles, points of curvature and tangent bearings.
10.
When lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown.
11.
The name or numbering and right-of-way width of each street or other right-of-way shown on plat.
12.
The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered, except that blocks in numbered additions, bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."
13.
Plat restrictions to restrict type and use of water supply, type and use of sanitary facilities, use and benefits of water areas and other open spaces and odd-shaped and substandard parcels, resubdivision of parcels as platted, and restrictions of a similar nature.
14.
All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service.
15.
The dimensions of all lots and angles or bearings.
16.
Minimum building setback lines where required by ordinance.
17.
Location, dimension, and purpose of any easements.
18.
Certification by a registered surveyor to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown.
19.
An acknowledgement by the owner of his approval of the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such approval and dedication. If existing right-of-way is to be closed, the purpose of closing must be stated on the plat.
20.
A specific location for the necessary signatures and seal of the city. Signatures shall appear for the mayor, city engineer and city clerk.
(Ord. No. 3788, § 28, 8-5-2013)
Additional requirements are as follows:
1.
Restrictive covenants desired by the developer so long as they do not violate existing ordinances. Restrictive covenants shall be required covering the same restrictions included in [sub]section 11.28.00.13., restrictions controlling building lines, establishment and maintenance of buffer strips and walls, and restrictions of similar nature.
2.
Current opinion of title from an attorney authorized to practice law in the State of Florida.
3.
Certification from the city and county that all taxes and assessments have been paid on the land within the proposed subdivision.
(Ord. No. 3788, § 29, 8-5-2013)
All applications for final plat in conformance with sections 11.27.00 through 11.29.00 above will be evaluated by the development review committee (DRC). The committee shall issue its recommendation and schedule the application for consideration for the next available agenda of the city commission. Decisions of the DRC as to an application for final plat may be appealed to the city commission. Such appeal shall be scheduled as an item on the next available city commission meeting. If the city commission approves the final plat application, this action will be confirmed by resolution. Such resolution will also authorize the plat to be signed by the mayor, city engineer and city clerk.
(Ord. No. 3788, § 30, 8-5-2013)
No plat of any subdivision or waiver of plat within the city shall be entitled to record in the office of the clerk of the circuit court until it shall have been approved in the manner prescribed in this article. If any such unapproved plat is recorded, it shall be stricken from the record upon proper application by the city. Any and all fees for recording shall be paid for by the applicant. An official recorded copy of the plat or waiver of plat shall provided to the city clerk.
(Ord. No. 3788, § 31, 8-5-2013)
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision, after approval has been given, unless the plat is resubmitted for new approval.
(Ord. No. 3788, § 32, 8-5-2013)
Property owners with previously-platted parcels may file for replatting of the property. In those cases, the process and information required is the same as for tentative and final plat.
(Ord. No. 3788, § 33, 8-5-2013)
The dedication of public spaces shall not constitute an acceptance of the dedication by the city. The acceptance of the dedication shall be indicated by a resolution of the city commission and by an indication on the plat.
(Ord. No. 3788, § 34, 8-5-2013)
The proposed subdivision shall conform to the Sweetwater Comprehensive Plan.
(Ord. No. 3788, § 35, 8-5-2013)
The owner or developer of a tract may prepare a master plan for that entire tract and then may submit a tentative and final plat for only a portion of the tract. No construction of subdivision improvements shall be started until construction plans for the entire area covered by the final plat have been approved. Improvements must be installed or bonded for all of that area for which a final plat is submitted before building permits will be issued. In such cases of partial subdivision of a tract, the street system, drainage systems, sewers and water lines shall be designed and built to serve the entire area, or designed and built in such a manner as to be easily expanded or extended to service the entire area.
(Ord. No. 3788, § 36, 8-5-2013)
Monuments shall be constructed and placed in accordance with F.S. ch. 177.
(Ord. No. 3788, § 37, 8-5-2013)
No building or any other type of structure shall be permitted on or in a zoned right-of-way, except required and approved underground installations.
(Ord. No. 3788, § 38, 8-5-2013)
A.
The city commission may authorize a variance from these regulations, except that no variance may be granted from section 11.40.00. It may vary the regulations so that substantial justice may be done, provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan. In granting any variance, the city commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its findings, the city commission shall take into account, among other things, recommendations of the plat review committee, the nature of the proposed use of the land and the existing use of the land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the city commission finds, among other things, that all three of the following conditions exist in regard to the land concerned:
1.
There are special circumstances or conditions affecting the property and the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.
2.
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
3.
The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the area in which the property is situated.
(Ord. No. 3788, § 39, 8-5-2013)
No building permits shall be issued for any structure on a lot in a subdivision on which a plat or waiver of plat has not been approved and recorded, unless the recording of a plat is not required by this article. However, limited building may occur, at the discretion of the building and zoning director, based on an approved tentative plat and demonstrated substantial progress toward final plat approval.
(Ord. No. 3788, § 40, 8-5-2013)
Any bond required by this article which is written by an approved domestic or foreign surety company shall comply with the appropriate section of the State Statutes.
(Ord. No. 3788, § 41, 8-5-2013)
The subdivider shall pay such application fees for waiver of plat, replatting, tentative plat and final plat for all subdivision reviews by city staff and consultants as set by resolution of the city commission and which are on file in the city clerk's office.
(Ord. No. 3788, § 42, 8-5-2013)
LAND SUBDIVISION AND PLATTING
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:
Comprehensive plan means the Sweetwater Comprehensive Plan adopted by the city commission pursuant to F.S. ch. 163.
Final plat means the final tracing, map or drawing or chart on which the subdivider's plan of subdivision is presented for approval, and which if approved, will be submitted to the clerk of the circuit court for recording.
Lot means a portion of a subdivision or other parcel of land, however designated, intended as a single building site or unit for transfer of ownership or for development.
Development review committee (DRC) means the city's staff-level committee responsible for reviewing and making a recommendation on all subdivision applications submitted to the City of Sweetwater pursuant to this article. For the purpose of plat review, the committee is composed of the city planner, city engineer, and building and zoning director.
Streets, alleys, easements and rights-of-way are defined as follows:
1.
Alley means a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
2.
Arterial street means a heavily traveled street of considerable continuity used primarily as a main traffic artery.
3.
Collector street means a street which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development and streets for circulation within such development.
4.
Cul-de-sac or dead-end street means a minor street with only one outlet terminating at one end with a turnaround.
5.
Easement means a strip reserved by the subdivider for public utilities, drainage and other public purposes, the title to which shall remain in the property owner, subject to the right of use designated in the reservation of the easement.
6.
Limited access highway or freeway means a highway which permits no access except at authorized and controlled points, the acquisition of rights-of-way for such highway usually including the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access right.
7.
Marginal access street means a minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.
8.
Minor street means a street used primarily for access to the abutting properties.
9.
Street means a way for vehicular traffic.
10.
Right-of-way width means the shortest distance between the lines delineating the right-of-way of a street.
11.
Right-of-way means a strip of ground dedicated by the subdivider, deeded by the owner, for public use.
12.
Zoned and/or planned right-of-way means an existing or proposed right-of-way which is officially designated and reserved for use as a right-of-way, in accordance with section 62-341.
13.
Limited access line means a designated line across which there shall be no vehicular access.
Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this article to effect a subdivision of land.
Subdivision means:
1.
The division of land for any use so as to create one or more lots, sites, tracts or parcels otherwise designated of any size for the purpose of transfer of ownership, or building development. The division of land which is unzoned, shall not be deemed subdivision if the land is being divided into parcels each of which is five acres or more in size, including any official right-of-way.
2.
The dedication of a road, highway, street, alley, easement through or on a tract of land, regardless of area.
3.
The resubdivision of land previously divided or platted into lots, sites or parcels.
Tentative plat means a preliminary map, drawing or chart indicating the proposed layout of the subdivision submitted for approval.
A.
The public health, safety, comfort, and welfare requires the harmonious, orderly, and progressive development of land. In furtherance of this purpose, this article regulates the subdivision of land. It is the further intent of this article to secure:
1.
The establishment of standards of subdivision design which will encourage the development of sound and economically stable communities, and the creation of healthy living environments.
2.
The efficient, adequate and economic supply of utilities and services to land developments.
3.
The prevention of traffic hazards and the provisions of safe and convenient vehicular and pedestrian traffic circulation in land developments.
4.
The provision of public open spaces in land developments for recreational and educational purposes.
B.
This article is intended to aid in the coordination of land development in the community and to implement the comprehensive plan, and such zoning regulations and other measures in furtherance of the comprehensive plan.
(Ord. No. 3788, § 2, 8-5-2013)
No person shall create a subdivision of a tract of land anywhere in the city except in conformity with this article.
(Ord. No. 3788, § 3, 8-5-2013)
A.
Whenever this article requires a specific action of the city staff or consultants, any and all such actions will be subject to the approval of the mayor.
B.
Whenever design requirements are established by city staff or consultants, pursuant to the provisions of this article, all such design requirements will be subject to the approval of the mayor.
(Ord. No. 3788, § 4, 8-5-2013)
Whenever land is subdivided, a plat must be recorded, except in the three circumstances listed below where a waiver of plat may be approved.
1.
The subdivision involved consists only of the dedication of a road, highway, street, alley or easement, and due to unusual conditions and circumstances, the plat committee (DRC) finds that it is not necessary that a plat be recorded. In lieu of the recording of a plat, the dedication may be required by deed and may be subject to compliance with such conditions as may be deemed appropriate under the particular circumstances, such as improvements of sidewalks, streets, or drainage facilities and the acceptance of the dedication by the city. Posting of bond may be required.
2.
The land to be subdivided is to be divided into no more than six parcels and because of unusual conditions created by ownership or development of adjacent lands, the isolation or remoteness of the land concerned in relation to other platted or improved lands, or improvements and dedications existing on the land substantially in accordance with the requirements of this article, it is determined by the DRC that waiving of the requirement for platting would not conflict with the purpose and intent of this article. In lieu of platting, the committee may require any dedications, reservations, or improvements required in connection with platting under this article, including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this article.
3.
The resubdivision of land heretofore platted is of such unusual size or shape, or is surrounded by such development or unusual conditions as may be determined by the development review committee to justify the waiving of the requirement for the recording of a plat. In lieu of the recording of a plat, such conditions may be imposed as may be deemed necessary and appropriate to preserve the public interest.
(Ord. No. 3788, § 5, 8-5-2013)
A.
To determine if the waiving of the requirement for platting would not conflict with the purpose and intent of this article and if the exceptions contained in section 11.05.00 are applicable, a waiver of plat survey shall be submitted by the property owner.
B.
A waiver of plat application shall be submitted, signed by the owner and notarized on a form prescribed by the city.
C.
The waiver of plat survey shall be prepared by a land surveyor registered in the State of Florida and shall bear the embossed seal of the land surveyor.
D.
The waiver of plat survey shall include the following items, unless specifically waived by the city:
1.
Legal description of the parent tract.
2.
Legal description of each parcel to be created.
3.
Location of property lines, existing easements, buildings, waterways and other essential features.
4.
The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drainage systems on the property to be subdivided.
5.
Locations, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other open public spaces and similar facts regarding immediately adjacent property.
6.
Date of field survey, north point and graphic scale.
7.
The width and location of all streets or other public ways proposed by the developer.
8.
The proposed lot lines with dimensions.
9.
Existing ground elevations of the property and extending not less than 25 feet beyond the boundaries of the property.
10.
Existing easements or restrictions shown on any underlying play shall be indicated.
11.
The location of all buildings, slabs, fences and other permanent structures on the adjacent properties that would be nonconforming with the creation of the requested division of land.
(Ord. No. 3788, § 6, 8-5-2013)
A.
Upon receipt of an application for a waiver of plat, the development review committee will determine whether or not the application meets any of the conditions of section 11.05.00, and, if so, whether or not the application is complete and in conformance with the requirements of section 11.06.00.
B.
All applications for waiver of plat which are denied by the DRC for not being in conformance with sections 11.05.00 and 11.06.00, will be returned to the applicant with a list of reasons for the denial. If a proposed subdivision does not qualify for the waiver of plat process pursuant to section 11.05.00 herein, then a tentative plat is required (see section 11.14.00).
C.
All applications for waiver of plat which are accepted by the DRC as being in conformance with sections 11.05.00 and 11.06.00 will be evaluated. The committee shall issue its recommendation and schedule the application for consideration for the next available agenda of the city commission. If the city commission approves the waiver of plat application, this action will be confirmed by resolution.
(Ord. No. 3788, § 7, 8-5-2013)
All plats must conform to the following street design standards:
1.
Conformance. The arrangement, extent, width, grade and location of all streets shall conform to the master plan and shall be considered in their relation to existing and planned streets, topographical conditions, to public conveniences and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown in the master plan, the arrangement and the other design standards of streets shall conform to the provisions found in this section.
2.
Relation to adjoining street system. The arrangement of streets in new subdivisions shall make provisions for the continuation of existing streets in adjoining areas.
3.
Projection of street. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provisions for the proper projection of streets.
4.
Streets to be carried to property lines. When a new subdivision adjoins unsubdivided land, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided where required to promote reasonable development of the adjacent lands or provide continuity of road systems.
5.
Street jogs. Street jogs with centerline offsets of less than 125 feet shall be prohibited unless, because of unusual conditions, the plat division determines that a lesser centerline offset is justified.
6.
Dead-end streets or cul-de-sacs. Dead-end streets or cul-de-sacs designed to be so permanently, shall not be longer than 600 feet, and at the closed end, a turnaround having an outside roadway diameter of at least 84 feet, and a street property line diameter of at least 100 feet, may be required. If a dead-end street is of a temporary nature, a similar turnaround may be required, and provisions made for future extension of street into adjoining property, as may be required by the city engineer.
7.
Marginal access streets. Where a subdivision abuts or contains an existing limited access highway or arterial street, marginal access streets, or other such treatment as may be necessary for adequate protection of residential property and to afford separation of through and local traffic, may be required.
8.
Minor streets. Minor streets shall be so laid out that their use by through traffic shall be discouraged.
9.
Railroad on or abutting subdivision. Where a subdivision borders on or contains a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way may be required, at a distance suitable for the appropriate use of the intervening land for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall be determined with due regard for the requirements of approach grade and future grade separation in accordance with uniform standards prescribed by the city engineer.
10.
Tangents. A tangent of at least 100 feet long shall be introduced between reversed curves on arterial and collector streets.
11.
Deflection of connecting street lines. 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 and safe turning movement in accordance with uniform standards prescribed by the city engineer.
12.
Right-angle intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles.
13.
Rounding of property lines at intersections. Property lines at street intersection shall be rounded with a radius of 25 feet. A greater radius may be prescribed by the city engineer in special cases in accordance with uniform standards prescribed by applicable regulations. The city engineer may permit comparable cutoffs or chords in place of rounded corners.
14.
Right-of-way widths. Street right-of-way widths shall be as shown on the master plan or in the City's Code of Ordinances.
15.
Half streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of this article, and where the city engineer finds it will be practical to require the dedication of the other half when adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tracts.
16.
Names and numbers. No street names or numbers shall be used which will be confused with or duplicate the name of existing streets. Street names shall be subject to the approval of the city engineer.
(Ord. No. 3788, § 8, 8-5-2013)
All plats must conform to the following design standards for alleys:
1.
Alleys may be dedicated in commercial and industrial districts, except that the city engineer may waive this requirement where other definite and ensured provision is made for service access, such as off-street loading, unloading, and parking consistent and adequate for the uses proposed.
2.
The width of any alley shall not be less than 20 feet.
(Ord. No. 3788, § 9, 8-5-2013)
All plats must conform to the following design standards for easements:
1.
Easements across lots, not including drainage, and, where possible, centered on rear or side lot lines shall be provided for utilities, where necessary.
2.
Where a subdivision is traversed by a watercourse, drainageway or canal, 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. 3788, § 10, 8-5-2013)
All plats must conform to the following block design standards:
1.
The length, width and shape of blocks shall be determined with due regard to:
a.
Provisions of adequate building sites suitable to the special need of the type of use contemplated.
b.
Zoning requirements as to lot size and dimensions.
c.
Need for convenient access, circulation, control and safety of street traffic.
d.
Limitations and opportunities of topography.
2.
Block length shall not exceed 1,500 feet, or be less than 400 feet, unless a lesser or greater length is requested by the subdivider and is deemed advisable because of unusual conditions by the city engineer.
3.
In blocks 900 feet in length or over, pedestrian crosswalks not less than ten feet wide may be required to provide circulation or access to school, playground, shopping center, transportation, and other community facilities.
(Ord. No. 3788, § 11, 8-5-2013)
All plats must conform to the following lot design standards:
1.
The lot depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and on the type of development and use contemplated.
2.
Lot dimensions shall conform to the requirements of the city's zoning code.
3.
Each lot shall be provided, by means of a public street with satisfactory access to an existing public street, or, in the case of units within a townhouse site, or cluster development, each lot shall be provided perpetual right of access by private street or roadway to an existing public street.
4.
Double frontage or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. A decorative masonry wall or, in the sole discretion of the city engineer, a combination of fence and landscaping that proves a satisfactory buffer may be required along the rear property line, across which there shall be no right of vehicular access. This portion of the block line shall be shown as a limited access line on the final plat.
5.
Side lot lines shall, where possible, be substantially at right angles or radical to street lines.
(Ord. No. 3788, § 12, 8-5-2013)
Those design standards enumerated within sections 8-12 herein may be waived by the DRC except that [sub]section 11.12.00.2. may not be waived.
(Ord. No. 3788, § 13, 8-5-2013)
The subdivider or his engineer, or land surveyor, prior to the preparation of the tentative plat, may informally seek the advice of the city engineer to become familiar with the subdivision requirements and with the provisions of the comprehensive plan affecting the territory in which the proposed subdivision is located.
(Ord. No. 3788, § 14, 8-5-2013)
The tentative plat shall show on a map all of the facts and data required by the development review committee to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest.
(Ord. No. 3788, § 15, 8-5-2013)
The following information shall be part of the tentative plat unless waived by the city:
1.
Proposed subdivision name, identifying title and the section, township and range, in which the proposed subdivision is located.
2.
Location of property lines, existing easements, buildings, waterways, elevations, permits and other essential features.
3.
The names of all subdivisions immediately adjacent.
4.
The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drainage systems on the property to be subdivided.
5.
Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces and similar facts regarding immediately adjacent property.
6.
The width and location of any street or other public ways or places shown upon the official map or the master plan, within the area to be subdivided, and the width and location of all streets or other public ways proposed by the developer.
7.
Date of field survey, north point and graphic scale.
8.
Legal description and plan of proposed layout made and certified by a state licensed land surveyor.
9.
The proposed lot lines with approximate dimensions and, in the case of odd or irregularly shaped lots, suggested location of building setback lines.
10.
Where the tentative plat submitted covers only a part of the subdivider's entire holding, a master tentative plat of the prospective future street system of the unsubdivided part will be required, and the street system of the unsubdivided part will be considered in the light of adjustments and connection with the street system of the plat submitted.
11.
A tentative plat application signed by the owner and notarized on a form prescribed by the city engineer.
12.
The numbering of all lots, blocks and the lettering of all tracts shall be shown on the tentative plat. All lots or tracts shall be numbered or lettered progressively. All blocks shall be progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions.
13.
A map, at the scale of one inch equals 300 feet, show existing and proposed rights-of-way.
(Ord. No. 3788, § 16, 8-5-2013)
The following information shall be submitted in addition to the tentative plat if requested by the city:
1.
The names of owners of record of immediately adjacent property.
2.
Any changes in the permitted use, height, area, and density or other regulations under the city's zoning code applicable to the area to be subdivided, and any boundaries of zoning districts affecting the tracts, as well as all parcels of land proposed to be dedicated for public use and conditions of such dedications.
3.
Typical cross section of the proposed grading and roadways or sidewalks and topographic conditions.
4.
Location of closest available public water supply system.
5.
Location of closet available public sewage disposal system.
6.
Provisions for collecting and discharging surface drainage.
7.
Preliminary designs of any bridges or culverts which may be required.
8.
A boundary survey.
9.
If required by this article or if proposed by the subdivider, the proposed location of any type of sidewalks, street lighting standards and species of street trees; the location of curbs, gutters, water mains, sanitary sewers and storm drains and the sizes and types thereof; the character, width and depth of pavement and subbase; and the location of manholes and basins and underground conduits.
10.
The boundaries of proposed permanent utility easements over or under private property. Such easements shall provide satisfactory access to an existing public highway or other public open space shown upon the layout. Permanent drainage easements shall also be shown.
11.
All dimensions affecting public rights-of-way, and proposed dedication of the public rights-of way shall be established by a registered surveyor and shown on the grading and drainage plan accompanying approved and valid tentative plats when such plan is submitted for approval, with the same degree of accuracy as, and identical to, the corresponding dimensions shown on the final plat.
12.
A copy of the owner's deed or a current opinion of title from an attorney authorized to practice law in the State of Florida.
(Ord. No. 3788, § 17, 8-5-2013)
A.
All applications for tentative which are accepted by the development review committee as being in conformance with sections 11.15.00 through 11.17.00 above will be evaluated. The committee shall issue its recommendation and schedule the application for consideration for the next available agenda of the city commission. If the city commission approves the tentative plat application, this action will be confirmed by resolution.
B.
Decisions of the DRC as to an application for tentative plat may be appealed to the city commission. Such appeal shall be scheduled as an item on the next available city commission meeting.
C.
Tentative plat approval shall confer upon the subdivider the right for a 180-day period from the date of approval that the terms and conditions under which the tentative approval was granted will not be changed if the final plat is in accordance with the tentative approval. An additional 180-day extension period may be granted by the city engineer based upon unforeseen and unique circumstances demonstrated by the applicant.
(Ord. No. 3788, § 18, 8-5-2013)
Every plat and waiver of plat must be companied by a construction plan for the street and other improvements required pursuant to this article. This requirement may be waived by the development review committee (DRC) in unique instances where no improvements are required.
1.
Preparation. The subdivider, or his engineer, shall confer with the city to determine the standards and specifications which will govern the proposed improvements. The subdivider shall submit complete construction plans prepared by an engineer and/or surveyor, as the case may be, registered in the State of Florida for the entire development of the area for which application to plat has been submitted, together with the complete and accurate contour map, using an approved datum, for review and approval. The construction plans shall include the complete design of the required sanitary sewer system, water supply system, storm drainage system and the street system for the entire area to be subdivided. Due consideration shall be given to the problems that may be created by the subdivision of adjacent lands, especially as pertains to drainage in order that conformance with the overall drainage plan will be obtained. The subdivider shall do no construction work until his completed construction plans have been approved by the city. Reasonable time must be allotted for the proper study of the plans submitted.
2.
Construction of improvements. After approved construction plans have been filed and approved, the subdivider may construct the required improvements, subject to obtaining the required permits from the city and other appropriate agencies. Where deemed necessary, the city may require the subdivider to employ a registered engineer for complete supervision of the construction or installation of the improvements involved, and may require progress reports and a final certificate of the construction or installation from such engineer. The city will establish detailed regulations governing the inspections to be furnished by the developer or his engineer and may refuse to accept work which has been done without proper inspection. No construction work shall be undertaken prior to obtaining the required permits.
3.
Acceptance of improvements. When construction is complete, in accordance with the approved plan, and specifications comply with the provisions of this article, the subdivider shall obtain written final approval and acceptance from the city and other appropriate agencies.
4.
Bond in lieu of immediate construction. In lieu of immediate construction of improvements, the subdivider may file with the city a surety or cash bond in an amount approved by the city engineer from a company approved by the city to ensure the actual satisfactory completion of construction of proposed improvements within a period of not more than one year from the date of such bond. The bond for the installation of sidewalks may be a separate bond. Provisions shall be made for extension of all such bonds, such extension to be commensurate with the progress of the development. Provisions shall also be made for reduction of such bonds, such reduction to be commensurate with the percentage of improvements constructed in the subdivision concerned. The bond shall also include a maintenance provision for one year covering all improvements by the subdivider. The amount to be included for maintenance shall be determined by the city. Bonds shall be subject to cancellation, reduction or renewal only upon written certification by the city. The city engineer may accept subdivision improvement bonds required by Miami-Dade County pursuant to Chapter 28, Metropolitan Dade County Code, as satisfying the bonding requirements of this section.
(Ord. No. 3788, § 19, 8-5-2013)
A.
The developer shall plan all drainage for his subdivision in accordance with the master plan entitled " County Water Control Plan", recorded in plat book 64, page 14 and in accordance with the flood criteria map, recorded in plat book 53, pages 68, 69, and 70, or as such plan and map may be changed or modified. The drainage plans shall be subject to approval of the city engineer for compliance with such plan.
B.
Stormwater. Adequate provision shall be made for the disposal of stormwater, subject to standards prescribed by the city engineer.
C.
Off-site drainage. Off-site drainage shall be mutually coordinated by, and between, the subdivider and the city engineer.
(Ord. No. 3788, § 20, 8-5-2013)
A.
Construction; inspection; approval. All streets shall be constructed and surfaced in accordance with applicable standards of Miami-Dade County entitled "Specifications for Second Road Construction and Residential Streets," or in accordance with requirements indicated by the city engineer. Such construction shall be subject to the inspection by the city engineer or designated representative and subject to issuance of permits. Where street construction complies with specifications such installation shall be approved.
B.
Curbs, gutters and drainage. Curbs, gutters, drainage and drainage structures shall be provided in accordance with standard specifications or in accordance with the requirements of the city engineer. Such construction shall be subject to the inspection of the city engineer or designated representative and subject to issuance of permits therefor.
C.
Sidewalks. Sidewalks shall be required in all residential, multiple-family and business areas and along all arterial highways.
D.
Fill. Fill shall be placed in the entire subdivision to the elevations after settlement, indicated on the flood criteria maps prepared by the Miami-Dade County Department of Public Works. The type of fill shall be satisfactory to and meet with the approval of the city engineer. The city engineer may require soil tests of the fill and the underlying material, in areas in which streets or other public facilities are to be located. The fill for the balance of the subdivision may be certified by a registered engineer as to type and method of placement or the engineer shall submit a statement as to type of fill and method of placement, the latter statement being for information not certification purposes.
E.
Street signs. Street name signs shall be placed at all street intersections within or abutting the subdivision. Such signs shall be of a type approved by the city and shall be placed in accordance with the requirements of the city planner.
F.
Waiver of improvements. Those required street improvements enumerated within subsections (a) through (e) of this section may be waived by the development review committee in cases where strict application of the requirement would be unnecessary or unfair to the applicant under the specific circumstances of the proposed plat.
G.
Lighting. Exterior light fixtures shall be installed by the developer along all public rights-of-way and private internal streets and alleys within, adjacent to, any subdivision, apartment, or condominium project with five or more dwelling units. These light fixtures must be installed according to the standards established by the city. All lighting fixtures must be fully operational prior to the first certificate of occupancy issued within the subdivision, apartment or condominium project.
(Ord. No. 3788, § 21, 8-5-2013)
A.
Connection and installation. Where a water supply system is required by the applicable regulation, each lot within the subdivision area shall be provided with a connection thereto. All systems and extensions shall be subject to the requirements of the City Code and shall be in accordance with all state and county regulations and standards governing their installation.
B.
Individual wells. Where a water supply system is not required, individual wells may be permitted if all county and state regulations and standards governing their installations and uses are adequately met.
C.
Fire hydrants. Fire hydrants or fire wells shall be installed in all subdivisions in accordance with the applicable standards.
(Ord. No. 3788, § 22, 8-5-2013)
A.
Connection and installation. Where a sewer system is required by applicable regulations, each lot in the subdivision shall be provided with a connection thereto. All systems, extensions, and connections shall be subject to the requirements of the City Code and shall be in accordance with all county and state regulations and standards governing their installation.
B.
Septic tanks. Septic tanks if permitted shall be installed in compliance with all of the requirements, specifications, and standards of the city, county and state governing their use.
(Ord. No. 3788, § 23, 8-5-2013)
Except as expressly provided in this section, all utility lines including, but not limited to, those required for electrical power distribution, telephone and telegraph communication, street lighting and television signal service shall [be] installed underground. This section shall apply to all cables, conduits or wires forming part of an electrical distribution system, including services lines to individual properties and main distribution feeder electric lines delivering power to local distribution systems; provided, however, it shall not apply to wires, conductors or associated apparatus and supporting structures whose exclusive function is in transmission of electrical energy between generating situations, substations and transmission lines of other utility systems. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, and meter cabinets may be placed above ground but shall be located in conformance with the requirements of the city. Easements shall be provided for the installation of utilities or relocating existing facilities in conformances with the rules and regulations of the respective utility company. In subdivisions of less than ten lots, the city engineer may waive the requirements for underground installations if the service to the adjacent area is overhead, and it does not appear that further development will occur. Any new service which is allowed by the provisions in this section to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date. The subdivider or developer shall make the necessary costs and other arrangements for such underground installation with each of the persons furnishing utility services involved.
(Ord. No. 3788, § 24, 8-5-2013)
Prior to the granting of the final approval, the subdivider shall have installed or shall have furnished adequate bond of 110 percent of the cost of improvements shown on the construction plan.
(Ord. No. 3788, § 25, 8-5-2013)
The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to the requirements of this article. Otherwise, it shall conform to the tentative plat, and it may constitute only that portion of the approved tentative plat which the subdivider proposed to record and develop at the time, provided that such portion conforms with all requirements of this article and meets with the approval of the PRC.
(Ord. No. 3788, § 26, 8-5-2013)
The final plat shall be prepared by a land surveyor registered in the State of Florida. The final plat shall be clearly and legibly drawn, to a sheet size of 18 inches by 28 inches or 30 inches by 36 inches and to a scale of sufficient size to be legible. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and state laws addressing the preparation of plats.
(Ord. No. 3788, § 27, 8-5-2013)
The contents of the final plat shall be as follows:
1.
Name of subdivision. The plat shall have a title or name.
2.
Deed description. Description written on map or plat. There shall be written or printed upon the plat a full and detailed description of the land embraced in the map or plat showing the section, township and range in which such lands are situated, the section and part of sections platted, and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat is a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.
3.
Names of adjacent subdivisions.
4.
Names or numbers and width of streets immediately adjoining plat.
5.
All plat boundaries.
6.
Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.
7.
Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.
8.
Accurate location of all monuments.
9.
Lengths of all arcs, radii, internal angles, points of curvature and tangent bearings.
10.
When lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown.
11.
The name or numbering and right-of-way width of each street or other right-of-way shown on plat.
12.
The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered, except that blocks in numbered additions, bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."
13.
Plat restrictions to restrict type and use of water supply, type and use of sanitary facilities, use and benefits of water areas and other open spaces and odd-shaped and substandard parcels, resubdivision of parcels as platted, and restrictions of a similar nature.
14.
All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service.
15.
The dimensions of all lots and angles or bearings.
16.
Minimum building setback lines where required by ordinance.
17.
Location, dimension, and purpose of any easements.
18.
Certification by a registered surveyor to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown.
19.
An acknowledgement by the owner of his approval of the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such approval and dedication. If existing right-of-way is to be closed, the purpose of closing must be stated on the plat.
20.
A specific location for the necessary signatures and seal of the city. Signatures shall appear for the mayor, city engineer and city clerk.
(Ord. No. 3788, § 28, 8-5-2013)
Additional requirements are as follows:
1.
Restrictive covenants desired by the developer so long as they do not violate existing ordinances. Restrictive covenants shall be required covering the same restrictions included in [sub]section 11.28.00.13., restrictions controlling building lines, establishment and maintenance of buffer strips and walls, and restrictions of similar nature.
2.
Current opinion of title from an attorney authorized to practice law in the State of Florida.
3.
Certification from the city and county that all taxes and assessments have been paid on the land within the proposed subdivision.
(Ord. No. 3788, § 29, 8-5-2013)
All applications for final plat in conformance with sections 11.27.00 through 11.29.00 above will be evaluated by the development review committee (DRC). The committee shall issue its recommendation and schedule the application for consideration for the next available agenda of the city commission. Decisions of the DRC as to an application for final plat may be appealed to the city commission. Such appeal shall be scheduled as an item on the next available city commission meeting. If the city commission approves the final plat application, this action will be confirmed by resolution. Such resolution will also authorize the plat to be signed by the mayor, city engineer and city clerk.
(Ord. No. 3788, § 30, 8-5-2013)
No plat of any subdivision or waiver of plat within the city shall be entitled to record in the office of the clerk of the circuit court until it shall have been approved in the manner prescribed in this article. If any such unapproved plat is recorded, it shall be stricken from the record upon proper application by the city. Any and all fees for recording shall be paid for by the applicant. An official recorded copy of the plat or waiver of plat shall provided to the city clerk.
(Ord. No. 3788, § 31, 8-5-2013)
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision, after approval has been given, unless the plat is resubmitted for new approval.
(Ord. No. 3788, § 32, 8-5-2013)
Property owners with previously-platted parcels may file for replatting of the property. In those cases, the process and information required is the same as for tentative and final plat.
(Ord. No. 3788, § 33, 8-5-2013)
The dedication of public spaces shall not constitute an acceptance of the dedication by the city. The acceptance of the dedication shall be indicated by a resolution of the city commission and by an indication on the plat.
(Ord. No. 3788, § 34, 8-5-2013)
The proposed subdivision shall conform to the Sweetwater Comprehensive Plan.
(Ord. No. 3788, § 35, 8-5-2013)
The owner or developer of a tract may prepare a master plan for that entire tract and then may submit a tentative and final plat for only a portion of the tract. No construction of subdivision improvements shall be started until construction plans for the entire area covered by the final plat have been approved. Improvements must be installed or bonded for all of that area for which a final plat is submitted before building permits will be issued. In such cases of partial subdivision of a tract, the street system, drainage systems, sewers and water lines shall be designed and built to serve the entire area, or designed and built in such a manner as to be easily expanded or extended to service the entire area.
(Ord. No. 3788, § 36, 8-5-2013)
Monuments shall be constructed and placed in accordance with F.S. ch. 177.
(Ord. No. 3788, § 37, 8-5-2013)
No building or any other type of structure shall be permitted on or in a zoned right-of-way, except required and approved underground installations.
(Ord. No. 3788, § 38, 8-5-2013)
A.
The city commission may authorize a variance from these regulations, except that no variance may be granted from section 11.40.00. It may vary the regulations so that substantial justice may be done, provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan. In granting any variance, the city commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its findings, the city commission shall take into account, among other things, recommendations of the plat review committee, the nature of the proposed use of the land and the existing use of the land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the city commission finds, among other things, that all three of the following conditions exist in regard to the land concerned:
1.
There are special circumstances or conditions affecting the property and the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.
2.
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
3.
The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the area in which the property is situated.
(Ord. No. 3788, § 39, 8-5-2013)
No building permits shall be issued for any structure on a lot in a subdivision on which a plat or waiver of plat has not been approved and recorded, unless the recording of a plat is not required by this article. However, limited building may occur, at the discretion of the building and zoning director, based on an approved tentative plat and demonstrated substantial progress toward final plat approval.
(Ord. No. 3788, § 40, 8-5-2013)
Any bond required by this article which is written by an approved domestic or foreign surety company shall comply with the appropriate section of the State Statutes.
(Ord. No. 3788, § 41, 8-5-2013)
The subdivider shall pay such application fees for waiver of plat, replatting, tentative plat and final plat for all subdivision reviews by city staff and consultants as set by resolution of the city commission and which are on file in the city clerk's office.
(Ord. No. 3788, § 42, 8-5-2013)