The purpose and intent of subdivision regulation is to ensure that the future growth, development and redevelopment in the city conform to certain minimum criteria. Standards provided under this LDC are designed to protect the general health, safety, and welfare of the city and its citizens; to ensure the beneficial impacts of growth and guard against the negative impacts of growth; and to protect neighboring properties as well as the general public from potential adverse impacts from a proposed use.

(Ord. No. 360, § 7.08.01, 2-1-91)

(a)

General. The character, width, grade and location of all streets shall conform to the manual of uniform minimum standards for design, construction and maintenance for streets and highways as prepared by the state department of transportation, except as may be modified in this section.

(b)

Arrangement of streets. The arrangement of streets in a subdivision shall either:

(1)

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

(2)

Conform to a plan for a neighborhood approved or adopted by the city commission to meet a particular situation where topographical or other conditions make continuance to existing streets impracticable.

(c)

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

(d)

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

(e)

Access streets near railroads and limited access highways. Where a subdivision borders on or contains a railroad right-of-way, the planning and zoning board staff may recommend an access street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Distances involving rights-of-way shall also be determined with due regard for the requirements of approach grades and future grade separation.

(f)

Reserve strips prohibited. Reserve strips controlling access to streets shall be prohibited except where their control is given to the city.

(g)

Street jogs. Street jogs with centerline offsets of less than 150 feet shall be avoided, except where topographical conditions make this subsection impractical.

(h)

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

(i)

Property lines rounded at intersections. Property lines at street intersections shall be rounded with a radius of 30 feet. The city will permit comparable cutoffs or chords in lieu of rounded corners.

(j)

Streets (criteria).

(1)

Minimum street right-of-way widths. Widths shall be as follows:

Major arterial .....100   

Local/collector .....60   

Minor cul-de-sac, radius .....50   

Alley .....15   

(2)

Street pavement widths. Widths shall be as follows:

The developer shall not be required to pave any major arterial street. Additional right-of-way, pavement width or pavement may be required to promote public safety and convenience, or to ensure adequate access, circulation and parking in high-density residential, commercial or industrial areas, but no additional right-of-way or paving shall be required from a developer in connection with existing streets or highways which meet the above standards. Where a subdivision abuts on or contains an existing street of inadequate right-of-way width, additional right-of-way in conformity with the above standards shall be required for new subdivision. If additional right-of-way is required, the developer shall acquire right-of-way for dedication to the city.

(3)

Dead-end streets. Dead-end streets designed to be so permanently shall be prohibited except when designed as culs-de-sac. They shall be provided at the closed end with a circular dedicated area with a diameter of not less than 100 feet at the property line and not less than 80 feet at the curbline. There may be provided in the center of the turnaround an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, which have a diameter of not less than 20 feet. Where there are unusual circumstances the city may permit a Y or T design of proper size for vehicular turnaround. In those cases where dead-end streets are intended to be extended in the later stages of the subdivision as revealed by the preapplication material, then temporary turnarounds shall be provided at the present ends of those streets within the right-of-way areas required for those streets.

(4)

Street names and house numbers. Street names and house numbers shall be provided and house numbers shall be figures, and not spelled out. New street names shall not duplicate, or closely approximate phonetically, in spelling or by use of alternate suffixes such as "land," "drive," "court," "avenue" or "street," the names of existing streets, except that a new street that is an extension of an existing street shall bear the same name as that borne by such existing street.

(5)

Street grades. Street grades shall be determined in relation to the drainage installations for the subdivisions.

(6)

Profiles. Profiles of streets and any necessary drainage facilities shall be approved by the city engineer. The profiles shall be drawn to city standard scales and elevations shall be based on the United States Coast and Geodetic Survey datum plane. Assumed datum planes will not be acceptable.

(Ord. No. 360, § 7.08.02, 2-1-91)

All easements for the following described purposes shall be properly prepared, executed and recorded by the developer:

(1)

Utilities. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least 15 feet wide, and shall extend from a street to a street.

(2)

Drainage; watercourses. Where a subdivision is traversed by a watercourse, canal, drainageway, nonnavigable channel or street, 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. All drainage shall be underground unless waived by the city commission and any cost thereof shall be borne by the developer.

(3)

Other drainage easements. Other easements may be required for drainage purposes and shall be of such size and location as determined by the city engineer.

(4)

Pedestrian and service easements. Where necessary for safety and convenience, pedestrian and service easements for rights-of-way may be required.

(5)

Bicycle path easements. Bicycle path easements or rights-of-way may be required.

(6)

No city expense. Easements required by these regulations within proposed subdivisions shall be provided at no expense to the city.

(Ord. No. 360, § 7.08.03, 2-1-91)

(a)

General. The lengths, widths and shapes of blocks shall be determined with due regard to:

(1)

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

(2)

Need for convenient access, circulation, control and safety of street and pedestrian traffic, and fire and police protection;

(3)

Limitations and opportunities of topography, with special emphasis on drainage of the proposed subdivision and the possible adverse effects of that drainage on properties surrounding the subdivision.

(b)

Pedestrian crosswalks. On-grade pedestrian crosswalks and wheelchair ramps, not less than five feet wide, shall be required where deemed essential to provide circulations, or access to schools, playgrounds, shopping centers, transportation and other community facilities. Wheelchair ramps shall be provided at intersections as required by state law.

(Ord. No. 360, § 7.08.04, 2-1-91)

(a)

General. The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriated for the location of the subdivision and for the type of development and use contemplated and shall comply with the LDC. Lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites.

(b)

Street access. The subdivision of the land shall be such as to provide, by means of a street or accessway approved by the city commission, each lot with satisfactory and permanent access to a public or private street.

(Ord. No. 360, § 7.08.05, 2-1-91)

(a)

Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in streets required by the director of public works.

(b)

Permanent reference markers. Permanent reference monuments shall meet all specifications set out in F.S. § 177.091.

(c)

Location; construction. The location of all permanent reference monuments shall be indicated on the final plant. All iron pipes and pins and permanent reference monuments shall comply with F.S. § 177.031.

(d)

Lot corners. Lot corners shall be monumented with iron pipes, iron pins or permanent reference monuments.

(e)

Time of placement. Permanent reference monuments (P.R.M.) and permanent control points (P.C.P.) shall be set in accordance with F.S. § 177.091, except all monuments including lot corners must be placed before the developer and surety are released from the developer's personal bond and the letter of credit is released, if a personal bond secured by a letter of credit has been posted. If no surety bond or personal bond secured by a letter of credit is posted, monuments must be placed prior to city acceptance for ownership and maintenance or release of the balance cash deposit, if the cash deposit has been made. Any and all land monuments disturbed or destroyed during construction shall be accurately witnessed and replaced at the developer's expense upon the completion of construction. The city or its designee may accept a certification from the developer's survey that the requirements of this section have been satisfied.

(f)

Water/sewer line markers. Water and sewer materials shall be marked with small painted lines on the nearest curb with paints of differing colors.

(Ord. No. 360, § 7.08.06, 2-1-91)

The developer shall pay the city for the cost of street name signs. The city will deliver and install street name signs after receipt of payment and upon request of the developer.

(Ord. No. 360, § 7.08.07, 2-1-91)

All subdivision improvements shall include comprehensive storm drainage facilities for positive drainage based on the minimum state C.O.T. five-year design storm, with plans and specifications prepared by an engineer. Storm drainage facilities shall meet or exceed current minimum standards established by the city and shall include surface flow over pavements, piped flow of collected runoff and/or intercepted groundwater. Open swales, ditches or other waterways constructed to handle stormwater runoff shall be prohibited unless recommended by the planning and zoning board staff and so authorized by the city commission.

(Ord. No. 360, § 7.08.08, 2-1-91)

The developer shall be required to clear all rights-of-way and to make all grades including grades for streets, alleys, and drainage, consistent to grades of the approved construction plans. All debris shall be removed from rights-of-way.

(Ord. No. 360, § 7.08.09, 2-1-91)

(a)

Construction. Culverts and bridges shall meet the standards specified by the city. Culverts shall be of such size as to provide adequate drainage opening and sufficient length to extend beyond the shoulder lines of the road and sidewalks where required. All culverts shall terminate in acceptable permanent structures.

(b)

Location. Locations of bridges and culverts, with construction data and full specifications, shall be shown in an exhibit.

(Ord. No. 360, § 7.08.10, 2-1-91)

(a)

Public system. Public water, sanitary sewer and storm systems shall be provided in each new subdivision.

(b)

Installation. Installation of water, sanitary sewer and storm sewer systems shall be in accordance with engineering standards and specifications as approved by the city.

(c)

Costs. Costs of installing water including fire hydrants, sanitary sewer and storm sewer facilities shall be borne by the developer; provided, however, that where the developer is required to install larger lines or facilities than necessary to serve his development in order to provide for future development, the difference in costs between installing facilities adequate for the subdivision and the oversize lines shall be borne by the city.

(d)

Water systems. The water distribution system shall be sized to provide maximum daily domestic requirements at residual pressures not less than 30 pounds per square inch at all points in the system in addition to fire flows of at least 750 gallons per minute in residential subdivisions at least 1,500 gallons per minute from at least two hydrants in commercial, industrial, institutional and multiple-family residential areas at a residual pressure of at least 20 psi at the hydrant. Water lines serving hydrants shall not be less than six inches in diameter, and the placement of fire hydrant shall be such that there will not be a hose laying the length of more than 500 feet.

(Ord. No. 360, § 7.08.11, 2-1-91)

(a)

Streets cleared and graded. All streets and public ways shall be paved as provided in section 114-37 and furnished with curbs and gutters. If required to prevent erosion or excessive washing of the shoulders, protective measures shall be taken by the developer as required by the city engineer.

(b)

Sidewalks. Sidewalks shall be required on at least one side of all collector streets. Sidewalks shall be a minimum of five feet wide and shall be constructed at the property line. On recommendation of the planning and zoning board staff, the city commission may require additional sidewalks.

(c)

Underdrains. Where groundwater is encountered and determined by the city engineer to pose a detriment to any work, underdrain facilities shall be provided.

(Ord. No. 360, § 7.08.12, 2-1-91)

Utility lines of all kinds including, but not limited to, those of franchised utilities, electric power and light, telephone and telegraph, cable television, water, sewer and gas shall be constructed and installed in accordance with standard engineering practices and shall be in conformance with the respective utility company's construction procedures as approved by the city. The developer shall make the necessary arrangements, including easements, for such underground installation with each of the persons, firms or corporations furnishing utility services involved and should assume the costs thereof. This section shall not apply to re-subdivisions of areas previously developed, if the resubdivision will not require material and substantial changes in utility lines or accessory installation.

(Ord. No. 360, § 7.08.13, 2-1-91)

The developer shall provide street lighting standards in the subdivision in accordance with the specifications set forth by the city.

(Ord. No. 360, § 7.08.14, 2-1-91)

Prior to approval of the final plat, the developer shall submit to the city a list of names for all streets and accessways included within the subdivision for approval.

(Ord. No. 360, § 7.08.15, 2-1-91)

(a)

General. For the purpose of generally enforcing and administering this chapter, the city commission shall be deemed the administrative officer of the city.

(b)

Inspections. The city engineer shall make such necessary inspections before, during and after the construction of the work. All corrective actions deemed necessary by the engineer shall be taken prior to final acceptance by the city.

(c)

Certificate of completion. Upon completion of all work, where the work has proceeded under bond, the developer's engineer shall submit to the city a certificate stating that the work has been entirely completed, and that it conforms in all respects to the final plat and plans for required improvements and to the specifications set by this article. On completion of all the work the developer will furnish five copies of as-built drawings of the improvements to the city.

(d)

Final inspection. Upon receipt of this certificate of completion, the city engineer, or designee, shall make a final inspection of the completed construction on the site. If the improvements are incomplete or do not conform to the requirements of this article and the plans and specifications, the city engineer, or designee, shall notify the developer and the developer's engineer so that corrective measures may be instituted within the life of the construction contract and within the tenure of the contractor's performance bond.

(e)

Warranty provisions and inspection. Prior to acceptance of the improvements by the city commission, the developer shall furnish acceptable warranty collateral for a minimum of one year in the form of a maintenance bond, or such other warranty as may be acceptable to the city commission (reference Step V(5) [sic] ). A minimum of 60 days prior to expiration of such warranty the developer shall, at his expense, furnish a certified television inspection of all sanitary and storm sewer lines. All other improvements shall be inspected by the city engineer at this time and certification made to the city commission.

(Ord. No. 360, § 7.08.16, 2-1-91)

Cross reference— Administration, ch. 2.

Where the city commission finds that extraordinary or unusual difficulties may result from strict compliance with this article because of exceptional and unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, it may grant a deviation from this article so that substantial justice may be done and the public interest secured; provided that the public interest is protected and the development is in keeping with the general spirit and intent of this article. Such deviation may be granted upon written request of the developer setting forth the reasons for each deviation and upon approval thereof by the commission and subject to such conditions as the commission may impose.

(Ord. No. 360, § 7.08.17, 2-1-91)

Fees are set out in section 94-2.

(Ord. No. 360, § 7.08.18, 2-1-91)

No plats of a subdivision of land will be recorded by the clerk of the circuit court until the plat shall have been approved by the city commission in accordance with this article.

(1)

Sale of lot by reference to plat. No person or his agent owning land within a proposed subdivision shall transfer or sell or agree to sell any lot or parcel of land located within a subdivision by reference to, or by exhibition, or by any other use of a plat of such subdivision, before such plat has been approved by city ordinance and has been recorded, unless exempted by this article. Notwithstanding the provisions of subsection (5)(2) of this section, nothing in this article shall prohibit a developer from agreeing to sell land located within a proposed subdivision to a builder or codeveloper, who desires to develop and build upon such land for resale purposes. The developer shall be permitted to refer to, exhibit or otherwise use a plat of such proposed subdivision in connection with any such agreement to sell before such plat has been approved by city ordinance and recorded; provided, however, that no document will be recorded in the public records of the county referring to or attaching a copy of any plat of a subdivision before the plat is exempted from this article by other provisions of this article.

(2)

Plat changes. No changes, corrections, modifications or revisions shall be made in any plat of a subdivision after final approval and recordation in accordance with state statutes.

(3)

Utilities. No board, public officer, or authority shall accept layout, improve or authorize utilities to be laid out in any street or easement within the city unless the street is shown on a subdivision plat or is a street which has been approved by the city, as per section 114-41.

(4)

Street number; building permit. No street number and no building permit shall be issued for the erection of any building in the city on any lot, tract or parcel of land which violates the provisions of this article.

(Ord. No. 360, § 7.08.19, 2-1-91)

(a)

Prosecution in the courts. Violation of the provisions of this article or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, shall constitute an offense against the city, and in addition the offender shall pay all costs and expenses in the case. Each day such violation continues or recurs shall be considered a separate offense.

(b)

Other lawful action. Nothing contained in this section shall prevent the city from taking such other lawful action, including, but not limited to, resort to equitable action, as is necessary to prevent or remedy any violation.

(Ord. No. 360, § 7.08.20, 2-1-91)