Ordinance No. 90-03-182ORDINANCE NUMBER 90-03-182
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING,
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS,
SPECIFICALLY TO AMEND ARTICLE IV, SUBDIVISION
REGULATIONS, PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the public health, safety, comfort and welfare require the harmonious,
orderly and progressive development of Land. The appropriate and lawful division of Land
is a vital step in the progress of the community's development, and substantial public
responsibility is created b y e ach new Subdivision, involving the maintenance of Streets,
drainage, utilities and other health facilities and the provision of additional public services.
In that the general welfare; health, safety and convenience of the community are directly
affected by the Use and division of Land, it is in the interest of the public that Development
be designed and constructed in accordance with sound rules and proper standards.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 24, Zoning, Subdivision and Land Development
Regulations, Article IV, Subdivision Regulations, of the Code of Ordinances for the City of
Atlantic Beach, Florida is hereby amended, and upon enactment shall read as set forth in
attached Exhibit A.
SECTION 2. Section 24-186 of attached Exhibit A sets forth the need and
justification for these regulations, and the Purpose and Intent statements of Section 24-186
are incorporated herein by reference as findings in support of this Ordinance..
SECTION 3. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City
of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida
Statutes.
Passed on first reading and public hearing by ity
Beach this 28th day of April, 2003. Passed o
day of May, 2003.
JO
to form and correctness:
fission of the City of Atlantic
and public hearing this 12th
Officer
~AN~(;/~NSEN, ESQUIRE
City At rney
ATTEST
MAUREEN I G
City Clerk
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EXHIBIT A
ARTICLE IV. SUBDIVISION REGULATIONS
DIVISION 1. GENERALLY
Sec. 24-186. Purpose and Intent.
The public health, safety, comfort and welfare require the harmonious, orderly and progressive
development of Land. The appropriate and lawful division of Land is a vital step in the progress of the
community's development. Once Land has been shaped into Lots, blocks and Streets, correction of
defects is costly and difficult. Substantial public responsibility is created by each new Subdivision,
involving the maintenance of Streets, drainage, utilities and other health facilities and the provision of
additional public services. In that the general welfare, health, safety and convenience of the community
are directly affected by the Use and division of Land, it is in the interest of the public that Development
be designed and constructed in accordance with sound rules and proper standards. The purpose and intent
of this Article is as follows.
(a) To establish reasonable and equitable standards of design and procedures for the division and
Development of Land that will encourage stable communities and healthy living environments, and
which preserve Environmentally Sensitive Lands and the natural beauty of the City of Atlantic Beach.
(b) To ensure that public facilities, utilities and infrastructure will have a sufficient capacity to serve the
residents of Land proposed for Development and to ensure that adopted Level of Service Standards as
established by the Comprehensive Plan are not diminished.
(c) To prevent traffic hazards and to require the provision of safe and convenient vehicular and pedestrian
traffic circulation in Land developments, having particular regard to the avoidance of congestion in
the Streets and highways; pedestrian traffic movements appropriate to the various uses of Land and
Buildings, and to provide for the proper location, width and design of Streets.
(d) To c oordinate the e stablishment o f S treets, d rainage a nd u tilities i n a n o rderly p Tanned m anner t o
ensure protection of the environment and to promote the general welfare of the City.
(e) To enhance protection from fire, flood and other dangers.
(f) To provide for adequate light, air, privacy and to prevent the overcrowding of Land and congestion of
the population.
(g) To ensure proper legal descriptions and monumentation of subdivided Land.
(h) To prevent or reduce t he p ollution of air, streams and ponds; t o ensure the adequacy of d rainage
facilities; to safeguard the water quality and resources; and to encourage the wise Use and
management of natural resources throughout the jurisdiction of the City in order to preserve the
integrity, stability and beauty of the community and the natural value of the Land.
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(i) To provide for Open Spaces and recreational areas through the most efficient design and layout of the
Land.
(j) To guide the future growth and development of the City of Atlantic Beach, in accordance with the
adopted Comprehensive Plan, this specific provisions of this Article and other applicable
requirements of these Land Development Regulations.
Sec. 24-187. Subdivision and Subdivision Improvements defined.
(a) Subdivision defined. For the purposes of this Article, Subdivision shall mean the division of Land
into three (3) or more Lots or Parcels, which may include establishment of new Streets and Alleys,
stormwater facilities, infrastructure including but not limited to water, sewer, and utilities. The term
Subdivision shall also include Replat and the division of previously recorded Subdivisions when three
(3) or more Lots or Parcels are created, and when appropriate to the context, Subdivision also relates
to the process developing Land.
(b) Improvements defined. For the purposes of this Article, Subdivision Improvements may include, but
shall not be limited to street pavements, curbs and gutters, sidewalks, alley pavements,. walkway
pavements, water mains, sanitary sewers, lift stations, storm sewers or drains, street names, signs,
street lights, landscaping, Permanent Reference Monuments (PRMs), Permanent Control Points
(PCPs), monuments, or any other Improvement as may be required by the City Commission or these
Land Development Regulations.
Sec. 24-188. Requirements for approval and recording of a Final Subdivision Plat or a Replat.
(a) No Building Permits shall be issued for any Land that has been divided, or any Lot that has been
created, except in compliance with the requirements of Division 2 of this Article and the requirements
of Chapter 177, Part I, Florida Statutes. Approval of a Final Subdivision Plat or a Replat shall be
required when any of the following conditions result from the division of Land.
(1) The division of any Land will create three (3) or more contiguous Lots or Parcels.
(2) The division of Land, or the change to a previously recorded Plat, Platted Lot or Lot of Record,
will alter an access point, other than a private driveway, change a Street as shown on a recorded
Plat, or change any area dedicated for shared public use, recreation, Open Space, Buffering,
Easement or designated preservation area.
Sec. 24-189. Exemptions from the requirement for approval and recording of a Final Subdivision
Plat or Replat.
(a) Building Permits may be issued following divisions of Land without the need for approval of a Final
Subdivision Plat or a Replat only in accordance with each the following provisions.
(1) The division results in no more than two (2) contiguous Lots or Parcels.
(2) The resultant new Lots, comply with the Minimum Lot Area, Width and Depth, and access
requirements of the applicable Zoning District, the Comprehensive Plan and all other applicable
requirements of these Land Development Regulations.
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(3) The division and the resultant new Lots shall not create any Nonconforming Structures or any
other Nonconforming characteristic.
(4) Approval by the designated Administrative Official of a Certified Survey depicting the proposed
new lots verifying compliance with the above requirements. Such Certified Survey shall be
submitted t o the City and approved prior t o recording of a deed for t ransfer o f ownership of
Lands, and shall be recorded as an addendum to the deed. It shall be the responsibility of the
property owner(s) to provide evidence of the approved Certified Survey along with any
application for Building Permits.
(b) Townhouses and residential Dwellings held in Fee-Simple Ownership. Townhouses and Two-family
Dwellings, when divided in ownership, shall not constitute a division of Lands requiring approval of
a Final Subdivision Plat or a Replat, provided that such Dwellings are otherwise in compliance with
these Land Development Regulations and the Comprehensive Plan.
Sec. 24190. Multiple Lots and Parcels treated as a single Development Parcel.
In the case where more than one Parcel, Platted Lot or Lot of Record has been combined and developed
as a single Development Parcel, such Lots shall not later be developed as a single Lot, unless all
requirements for Development as a single Lot shall be met, including but not limited to Impervious
Surface Area limitations and provision of all Required Yards for all Structures.
Sec. 24-191. Waiver.
(a) General. Where the City Commission finds that undue hardship due to unreasonable practical
difficulties may result from strict compliance with this Article, the City Commission may approve a
waiver to the requirements of this Article if the waiver serves the public interest.
(b) Conditions of waiver. An Applicant seeking a waiver shall submit to the City Commission a written
request for the waiver stating the reasons for the waiver and the facts, which support the waiver. The
City Commission shall not approve a waiver unless it determines as follows.
(1) The particular physical conditions, shape or topography of the specific property involved causes
an undue hardship to the Applicant if the strict letter of the Article is carried out.
(2) The granting of the waiver will not be injurious to the other adjacent property.
(3) The conditions, upon which a request for waiver are based, are peculiar to the property for which
the waiver is sought, are not generally applicable to other property and do not result from actions
of the Applicant.
(4) The waiver is consistent with the intent and purpose of this Chapter, the Comprehensive Plan and
the requirements of this Article. If the City Commission approves a waiver, the City Commission
may a ttach such conditions t o the w aiver a s w ill a nsure that t he w aiver w ill c omply w ith t he
intent and purpose of this Article.
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Sec. 24-192. Vacation of Previously Recorded Subdivision Plats.
An Applicant may apply for the vacation of a recorded Plat, or a portion of a Plat by written application to
which a copy of the Plat shall be attached requesting the same to be vacated. Vacation of Plats shall
require approval by resolution of the City Commission, and such vacation shall be approved only in
accordance with Chapter 177.101, Florida Statutes.
Secs. 24-193. through 24-200. Reserved.
DIVISION 2. APPLICATION PROCEDURE
Sec. 24-201. General requirements.
(a) Unlawful division of Land. It shall be unlawful for any person to submit a Plat, Replat, or Certified
Survey as required by Section 24-189, for the Subdivision of Land to the Clerk of the Circuit Court of
Duval County for the purpose of recording said Plat in the Official Records of Duval County until the
Plat or Replat has been approved in accordance with the provisions of this Article.
In the event that an unapproved Final Subdivision Plat, Replat, Certified Survey as required by
Section 2 4-189, or a ny division of Land, is recorded, no Building Permit or o ther t ype of permit
authorizing any Development shall be issued until such division is approved in accordance with the
requirements of this Article.
(b) No Final Subdivision Plat shall be approved, and no Building Permit shall be issued in the case that
Development of such Lands will result in a deficiency in the adopted level of service standard for any
public facility as established by the Comprehensive Plan.
Sec. 24-202. Plat Review and Approval Procedure.
The requirements of each of the following reviews shall be met prior to the recording of a Final
Subdivision Plat or Replat, and prior to the issuance of any Building Permit.
Sec. 24-203. Stage 1 Review: Concept Plan and information required for review.
(a) Purpose and Intent. The Concept Plan Review provides for administrative review by the Planning
and Zoning, Building, Utility and Public Works Departments, and other City staff as may be
appropriate. Seven (7) copies of the following information are required to be submitted along with
any application form and the established review fee.. (A Concept Plan Review shall not be required
for previously approved Planned Unit Developments.)
(b) Information required for review.
(1) The name, address and contact information of the property owner of record, and proof of
ownership.
(2) The name, address and contact information of the developer or any authorized agent(s),
accompanied by proper owner's authorization.
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(3) A current Certified Survey and legal description.
(4) A proposed conceptual site plan superimposed upon a boundary survey depicting each of the
following.
i. Location and width of all Street Right-of--ways; pavement width and curb detail.
ii. Name and Right-of--way width of all existing Streets adjoining the proposed Development.
iii. Sidewalks, p edestrian p athways a nd c onnections to a ny s idewalks o utside o f the p roposed
Development.
iv. Lot layout with Lot dimensions.
v. Any existing and proposed Easements.
vi. Any natural features including Environmentally Sensitive Lands, lakes, Wetlands and
estuarine environments, natural or manmade waterways or waterbodies, and any designated
Floodways.
(b) Review process. Upon receipt of a complete and proper a pplication c ontaining all above required
information, copies of the Concept Plan shall be distributed to appropriate departments for review and
comment. Review comments shall be provided to the Applicant in writing within fifteen (15) days of
receipt of the complete and proper application.
(c) Time limit. Comments provided as a result of the Concept Plan Review shall remain valid for a period
of six (6) months. In the event that a Preliminary Plat is not submitted to the City within this period
oftime, a re-submittal of the Concept Plan and review fees shall be required.
Sec. 24-204. Stage 2 Review: Preliminary Plat and information required for review.
(a) Purpose and Intent. The purpose of the Preliminary Plat review is to determine that comments
resulting from the Concept Plan review have been addressed and to determine compliance with the
requirements of Chapter 177, Part I, Florida Statutes, the Comprehensive Plan and these Land
Development R egulations prior to approval o f the F final S ubdivision P lat o r R eplat. Eleven (11)
copies of the following information shall be submitted to the City along with the any application form
and the established review fee.
(b) Information required for review.
(1) A statement addressing how any comments resulting from the Concept Plan have been
satisfactorily addressed. Failure to fully address such comments may result in additional review
time or rejection of the Preliminary Plat.
(2) The Preliminary Plat shall be drawn at a clear and legible scale and shall be prepared in
accordance with the requirements of Section 177.091, Florida Statutes, and shall further
demonstrate. compliance with this Article and applicable requirements of these Land
Development Regulations. The f ollowing information shall b e depicted u pon the Preliminary
Plat.
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i. Title block. The t itle or n ame of the p roposed Subdivision; the name and address of t he
owner of the tract proposed for Development, and the name and address of the engineer and
surveyor engaged to prepare and design the Preliminary Plat.
ii. Legend. Date, scale of Plat, north arrow, Zoning District designation, total number of Lots
and minimum Lot size.
iii. Legal description. A full and detailed legal description of the Lands to be platted and
approximate acreage.
iv. Vicinity map. A vicinity map, at scale, depicting the proposed Subdivision in relation to the
abutting Land Uses and Streets.
v. Abutting Subdivisions. All contiguous properties shall be identified by Subdivision title, Plat
book and page number, or if un-platted, the adjacent Land shall be so designated.
vi. The location and proposed name of Streets, Right-of--way and pavement widths, both within
and immediately contiguous to the Lands included in the Plat.
vii. Existing and proposed public or private Open Space, Buffers, natural and man-made lakes,
waterways, water bodies, Wetlands and Environmentally Sensitive Lands.
viii. Existing and proposed public and private Easements shall be shown on the Plat. The purpose
for the Easement shall be noted on the Plat.
ix. Parks and recreation dedication. Lands and approximate acreage to be dedicated pursuant to
the requirements of Section 24-256 of this Article.
x. Dedications and reservations of all tracts and parcels of Land proposed to be dedicated or
reserved for public Use, including Right-of--ways, roads, Easements, parks, sidewalks, bike or
pedestrian trails.
x. Proposed Lot Lines, with approximate dimensions and Lot numbers, shall be shown.
xi. Contour intervals of one (1) foot, except where determined to be unreasonable or unnecessary
by the designated Administrative Official.
(3) Preliminary engineering drawings. Eleven (11) copies of preliminary engineering drawings shall
be submitted for distribution and review by appropriate City departments. Preliminary
engineering drawings shall depict the general location of the following.
i. Water system lines and support facilities.
ii. Sewer system lines, any lift stations and support facilities.
iii. Stormwater and drainage facilities, Easements and other such features.
iv. Any Bulkheads.
v. Street profiles.
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vi. Sidewalks, bicycle paths and pedestrian paths.
vii. Excavation and fill areas including any impacted Wetlands.
(c) Review process. Upon receipt of a complete and proper application for the proposed Preliminary
Plat, copies shall be distributed to appropriate departments for review and comment. Review
comments shall be provided to the Applicant in writing within fifteen (15) days of receipt ofthe
complete and proper application.
Upon completion of review by City departments and verification that the proposed Plat is in general
compliance with applicable Land Development Regulations, the proposed Subdivision shall be placed
on the agenda of the next meeting of the Community Development Board for consideration and
recommendation. The Community Development Director shall provide to the Community
Development Board all relevant information concerning the proposed Plat including any outstanding
comments from all reviewing departments, officials or agencies. The Community Development
Board shall make a recommendation to the City Commission to approve the application, deny the
application, or approve the application subject to specified changes based upon the requirements of
these Land Development Regulations, the Comprehensive Plan and other conditions which may be
unique to the Land proposed for Development.
(d) Time limit. An approved Preliminary Plat shall be valid for twelve (12) months. If the Applicant has
failed to obtain Final Subdivision Plat approval within twelve (12) months of Preliminary Plat
approval, the Preliminary Plat approval shall expire, and the Applicant shall be required to re-apply in
accordance with the provisions of this Article.
(e) It shall be unlawful to construct any Improvement without approval of a Final Subdivision Plat and
issuance of a valid Building Permit authorizing Development.
Sec. 24-205. Stage 3: Final Subdivision Plat review and approval.
(a) Purpose and Intent. The purpose of the Final Subdivision Plat review is to ensure that the proposed
Final Subdivision Plat meets all requirements of Part I, Chapter 177, Florida Statutes, all requirements
of these Land Development Regulations and other applicable regulations prior to approval by the City
Commission and prior to recording. For a period of twelve (12) months after approval of the
Preliminary Plat, the Final Subdivision Plat may be filed with the City for approval. In accordance
with D ivision 4 o f t his Article, t he C ity C ommission m ay r equire a ssurances a nd s ecurity f or t he
construction and maintenance of required Improvements.
(b) Information required for review.
(1) Final Subdivision Plat review. Eleven (11) copies of the Final Plat shall be submitted to the City
and shall be prepared in accordance with the design standards and requirements established in
these Land Development Regulations and Part I, and Chapter 177, Florida Statutes, as may be
amended. The Final Subdivision Plat shall be consistent with the approved Preliminary Plat.
(2) The Final Subdivision Plat shall be prepared by a registered land surveyor in accordance with the
requirements of Section 177.091, Florida Statutes and shall be clearly and legibly drawn in black
permanent drawing ink. The Final Subdivision Plat shall be drawn on eighteen (18) by twenty-
six (26) inch Mylar or as required for recording in the Official Records of Duval County. The
Final Subdivision Plat may be on several sheets, and each sheet shall contain an index delineating
that portion of the Subdivision shown on that sheet in relation to the entire Subdivision. The
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Final Subdivision Plat shall be at the same scale and in the same format as the Preliminary Plat.
The Final Subdivision Plat shall contain sufficient data to readily determine and accurately locate
on the ground the location, bearing and length of every Right-of--way line, Lot Line, Easement
boundary line and black line, including the radii, arcs and central angles of all curves. The
following shall also be included.
i. Boundary Survey and Title Certification as required by Florida Statutes, Chapter 177.041.
ii. Name of new Subdivisions and Replats. As required by Florida Statutes, Chapter 177.051,
every new Final Subdivision Plat, and any section, unit or phase therein, as well as any Replat
of a previously recorded Final Subdivision Plat, shall be given a name by which the
Subdivision shall be legally known.
iii. Every Final Subdivision Plat shall be prepared, signed and sealed by a registered land
surveyor as required by Florida Statutes, Chapter 177.061.
iv. Dedication of Improvements. All public Improvements or property designated for public
purpose on any Final Subdivision Plat, including but not limited to, all Streets, alleys,
Easements, R fight-of-ways,parks, r ecreation a menities, O pen S pace, B uffers a nd p rotected
areas shall be expressly dedicated on the face of the Final Subdivision Plat. In addition, the
Final Subdivision Plat shall contain a statement of dedication to the City, other appropriate
government units or public utilities for all water lines, sewer lines, pumping stations,
electrical power lines, fiber optic, digital or cable television lines, gas lines and any other
public utility service lines and appurtenances located within the tract prior to recording.
v. Any special conditions, including Building Restriction Lines that may exceed the Zoning
District M inimum Yard R equirements, o r o ther u nique r equirements s hall b e n oted o n the
Final Subdivision Plat.
vi. If required, assurance for the performance of construction, completion, maintenance and
warranty of all Improvements shall be submitted as set forth within Division 4 of this Article.
(3) Approval or denial by City Commission. Upon receipt of all required information, the
Community Development Director shall, within thirty (30) days, schedule the Final Subdivision
Plat for public hearing before the City Commission. The Community Development Director shall
forward all relevant information to the City Commission for its consideration. The City
Commission, after considering all comments shall approve, deny or approve subject to specified
conditions, the Final Plat for recording, based upon compliance with the required certifications
and security requirements and with the other requirements and provisions of this Article and other
applicable policies, ordinances, laws and regulations.
If substantial changes to Lot, block or Street layout or Lot sizes occur at any time after the
consideration by the Community Development Board, another review by that board shall be
conducted prior to submittal of the Final Subdivision Plat to the City Commission for final action.
(4) Signing, recording, and acceptance. Upon approval by the City Commission, said Final
Subdivision Plat shall be signed by the Mayor and shall then be entitled to be recorded under the
applicable provisions of Chapter 177, Florida Statutes. Acceptance of the Final Subdivision Plat
shall be deemed provisional acceptance by the City of said public Improvements and other public
areas dedicated to the City. Final acceptance of all public Improvements shall occur upon the
submission to the City Commission of a valid Certificate of Completion as provided for in
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Section 24-235 of this Chapter. The acceptance of dedications for public purpose shall be affixed
to the face of the Plat. Four (4) copies of the recorded Final Subdivision Plat shall be provided to
the City.
Sec. 24-206. Construction Plans and Building Permits.
(a) Intent. An Applicant shall obtain a single Building Permit for the construction of all infrastructure
Improvements included within the Final Subdivision Plat. The Applicant shall not submit
Construction Plans for Subdivision Improvements, as required by this Article, until the Final
Subdivision Plat is approved and recorded, or before any required Performance Bonds or other
assurances are secured. The Construction Plans shall provide security required for the performance of
such construction. Once the Improvements are completed, a Certificate of Completion shall be
issued, and a Maintenance Bond shall be submitted, as required by this Article.
(b) Required submittals. The Applicant requesting a Building Permit under the above procedures shall
submit to the Building Department four (4) sets of Construction Plans designed in accordance with
the requirements of this Article for the construction of roads, sidewalks, bikeways, drainage and
stormwater management facilities, utilities, Lot filling and other Improvements as required by this
Article, i ncluding a m aster d rainage m ap a nd s ubsoil i nvestigation report. All Construction P Tans
shall be designed, signed and sealed by a professional engineer who is registered in the State of
Florida. Appropriate reviewing Departments shall review Construction Plans for conformity with the
design of the approved Final Subdivision Plat, the construction specification requirements of this
Article and any other applicable State, Federal and local Land Development Regulations. Permits
from any other State or Federal jurisdiction having permitting authority shall be obtained by the
Developer and provided to the City prior to issuance of a Building Permit.
(c) Sewer and water commitment. The Applicant shall provide to the Utility Director written
confirmation that the utility has approved the plans for the sewer and water system in the Subdivision.
(d) Certification of Permanent Reference Marker location. Prior to the issuance of a Building Permit, the
Applicant shall submit to the designated Administrative Official a certificate from a professional Land
surveyor registered in the State of Florida that a concrete Permanent Reference Marker has been
located in the public Right-of--way at a corner point of the Subdivision near the entrance way of the
proposed Subdivision. The Permanent Reference Marker shall be identified on the Final Subdivision
Plat as the master survey point for the Subdivision and shall be used to establish the grade level for all
Improvements in the Subdivision.
(f) Issuance of a Building Permit. After approval by appropriate reviewing Departments, the Building
Official shall issue a Building Permit for the construction of the required Improvements in accordance
with the approved Construction Plans, the Final Subdivision Plat and the requirements of this Article.
The Building Permit shall be posted by the Developer in a conspicuous place in the open at the
construction site.
(g) Term and expiration of Building Permit. A Building Permit issued in accordance with this Section
shall be void and expired if construction does not commence within one hundred and eighty (180)
days of issuance of said Building Permit. Upon written request to the City Commission, and upon
finding that the Developer has demonstrated good cause, the Commission may authorize the Building
Official to extend the Building Permit for a defined period of time.
(h) Unlawful to construct without a Building Permit. It shall be unlawful for any person to construct any
Improvement or any part of an Improvement within the Lands that are part of a Subdivision or a Site
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Plan w ithout a v alid, u nexpired B uilding P ermit i ssued u nder t he p rovisions o f t his Article. Any
person found guilty of violating this section by constructing an Improvement or any part of an
Improvement within the Subdivision without a valid Building Permit shall be guilty of a
misdemeanor punishable by a fine not to exceed five hundred dollars ($500) per day, or imprisonment
for a term of not more than sixty (60) days, or by both fine and imprisonment. Each and every day
that a violation exists shall constitute a separate offense.
Secs. 24-207. through 24-220. Reserved.
DIVISION 3. REQUIRED IMPROVEMENTS
Sec. 24-221. Generally.
Each S ubdivision s hall c ontain I mprovements d esigned a nd c onstructed a ccording t o t he r equirements
and specifications of this Article, the Comprehensive Plan, and applicable policies, regulations and
ordinances o f the C ity a nd 1 aws o f t he S tate o f F lorida. The following s ervices a nd facilities shall be
required Improvements within Subdivisions.
(a) Streets designed and constructed according to the standards and requirements of this Article.
(b) Sidewalks designed and constructed according to the standards and requirements of this Article.
(c) Approved Street signs with block or address range numbers as provided for in Chapter 6 of this Code,
markers, traffic signs and signals to control and circulate traffic within the Subdivision in accordance
with the Florida Uniform Manual of Traffic Control Devices, as published by the Florida Department
of Transportation.
(d) Drainage and stormwater management facilities designed and constructed according to the standards
and requirements of this Article. The term "drainage," where appropriate, shall include, but not be
limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention
basins, cross drains and canals.
(e) A sanitary sewer system or an approved individual sewage disposal system in the absence of access to
a central sewer system, based on the requirements of the State of Florida regulating the sanitary
facilities for Subdivisions, the provisions of this Article or other applicable policies, laws, ordinances
and regulations. (See Section 24-260.)
(f) A centralized water system, unless an individual water supply system is permitted, based upon the
required standards of the State of Florida, the provisions of this Article and other applicable policies,
laws, ordinances and regulations.
(g) Parks .and recreation dedication, as specified in Section 24-256 of this Article.
(h) Electric, telephone, gas and other utilities shall be constructed underground as specified in this Article
and shall be designed so as to minimize obstruction of pedestrian and vehicular traffic circulation.
(i) Such other Improvements as deemed necessary to comply with the requirements of this Article and to
protect the public health, safety and welfare because of topography or other conditions unique to the
Land.
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Sec. 24-222. Planned Unit Developments (PUDs).
For Development of a Lands as a Planned Unit Development (PUD) in accordance with the provisions of
Article III, Division 6 of this Chapter, the City Commission shall have the right to waive or vary the
design, d edication a nd c onstruction r equirements o f a P Tanned U nit D evelopment, o r f rom a ny o f t he
provisions of this Article if the proposed final development plan is in conformance with the requirements
of Division 6 and further provided:
(a) Such waiver does not violate the purpose and intent of this Chapter necessary for the protection of the
public health, safety and welfare in the subdivision of Land;
(b) All procedures specified in this Article for the approval of a Final Subdivision Plat for recording or
the issuance of a Certificate of Completion, as the case maybe, are strictly adhered to; and
(c) All exhibits, certificates and information, required in this Article for the approval of a Preliminary
Plat, the Final Subdivision Plat and the issuance of a Certificate of Completion, are strictly adhered to
under the applicable procedures.
(d) No waiver shall be granted to vary minimum Right-of--way and paving width requirements.
Secs. 24-223. through 24-230. Reserved.
DIVISION 4. ASSURANCE FOR COMPLETION AND
MAINTENANCE OF IMPROVEMENTS
Sec. 24-231. Commencement of construction.
Construction of the required Improvements within a Subdivision may begin upon issuance of a Building
Permit. Further, such construction may commence only after recording of the Final Subdivision Plat, and
only after any required Performance Bonds or other assurances are secured.
Sec. 24-232. Performance security.
(a) The Final Subdivision Plat shall be certified by the developer and countersigned by the designated
Administrative Official verifying that the developer has complied with one of the following
alternatives.
(1) Cash Deposit. The developer shall deposit with the City or place in an account subject to the
control of the City, cash in the full amount of the total sum of engineering and construction costs
for the installation and completion of the required Improvements. The developer shall be entitled
to secure draws from such deposits or account as installation progresses at stages of construction
established by the designated Administrative Official, but not more frequently than monthly. A
draw from the cash deposit or account shall be made only within thirty (30) days after the
developer's engineer has certified to the City that the cost of Improvements installed equals or
exceeds the amount of the draw requested plus any previous draws made and the designated
Administrative Official has inspected the Improvement and authorized the draw. The City
Commission shall have the right to reduce the amount of any requested draw to an amount
justified based upon his inspection of the Improvements and shall also have the right to refuse to
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approve any requested draw so long as the developer fails to be in compliance with any of the
terms and conditions of the Plat or plans and specifications for the Improvements. The developer
shall be entitled to receive any interest earned on the deposit or account. The City, after sixty (60)
day's written notice to the developer, shall have the right to use the cash deposit or account for the
completion of the Improvements in the event of default by the developer or failure of the
developer to complete the Improvements within the time required by the resolution approving the
Final Subdivision Plat and after any extensions granted have expired.
(2) Personal Bond with Letter of Credit. The developer shall furnish to the City his personal bond
secured by an unconditional and irrevocable letter of credit in an amount equal to the total of
engineering and construction costs for the installation and completion of the required
Improvements, which letter of credit shall be issued by a State or United States banking
institution to the City. The letter of credit shall be in the form approved by the City Attorney.
During the process of construction, the City Commission may reduce the dollar amount of the
personal bond and letter of credit on the basis of work completed. The City, after sixty (60) day
written notice to the developer, shall have the right to use any funds resulting from drafts on the
letter of credit for the completion of the Improvements in the event of default by the developer or
failure of the developer to complete such Improvements within the time required by the resolution
approving the Final Subdivision Plat or after any extensions granted have expired.
(3) Surety Bond. The developer shall furnish to the City a Surety Bond in the form and by a surety
approved by the City Attorney guaranteeing that within the time required by the resolution
approving the Final Subdivision Plat, all work required shall be completed in full accordance with
the Final Subdivision Plat and all conditions attached thereto, copies of which shall be attached to
and constitute a part of the bond agreement. The bond shall be in an amount equal to one
hundred (100) percent of the sum of engineering and construction costs. During the process of
construction, the designated Administrative Official may reduce the dollar amount of the bond on
the basis of work completed. The City, after sixty (60) day's written notice to the developer, shall
have the right to bring action or suit on the surety bond for the completion of the Improvements in
the event of default by the developer or failure of the developer to complete such Improvements
within the t ime required by the resolution approving the Final Subdivision Plat and a fter any
extensions granted have expired.
(b) A developer may extend, renew or substitute collateral described in paragraphs (1), (2), or (3) above
one or more times; provided, that no extension or renewal thereof, or substitute thereof, shall have a
maturity or expiration date later than the established time for completion of Improvements. The time
for completion of Improvements shall be as specified within the resolution approving the Plat, or such
later time as may be approved by the City Commission; provided, that if the collateral securing the
completion of Improvements has a maturity or expiration date shorter than the time for completion,
the time for completion shall be deemed to expire upon failure of the developer to extend, renew or
provide substitute collateral for such collateral at least ten (10) days before the maturity or expiration
date, unless a later time is approved by the City Commission.
Sec. 24-233. Maintenance security.
Where the City is requested to accept maintenance of any public Improvement within the Subdivision, a
Maintenance Bond in the amount of one hundred (100) percent of the construction cost of the
Improvements shall be filed with the City. Such Bond shall provide that the City shall be indemnified if
the Developer does not replace or repair any public Improvements, which are defective in materials. or
workmanship or which were not constructed in compliance with the approved Construction Plans. The
terms of the Maintenance Bond shall expire one year after acceptance for maintenance by the City unless
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the City serves written notice to the Developer that the Improvements are defective in material or
workmanship or were not constructed in compliance with the approved Construction Plans within the one
year.
Sec. 24-234. Inspections.
(a) As Improvements are being constructed within the Subdivision, the Building Official and authorized
staff or consulting engineer shall have the right to inspect Improvements. The Building Official or
authorized representative shall be specifically notified of the commencement and completion of all of
the following.
(1) Clearing and grubbing.
(2) All utilities prior to backfilling.
(3) All concrete Structures when steel is in place prior to pouring.
(4) Stabilized sub-grade.
(5) Curb and concrete work.
(6) Roadway base.
(7) Wearing surface during application.
(b) The failure to notify the Building Official of the commencement and completion of the construction
may be good cause for the refusal to issue a Certificate of Completion.
Sec. 24-235. Issuance of Certificate of Completion.
Upon completion of construction of all required Improvements, the Developer shall provide the Building
Official the following.
(a) A letter stipulating that the construction of the Improvements has been completed and requesting final
inspection and approval.
(b) The testing reports and certificates of compliance from material suppliers specified in this Article.
(c) Three (3) sets of as-built Construction Plans.
(d) Certification from a registered engineer, with his seal affixed, that the Improvements have been
constructed in conformity with the approved Construction Plans.
(e) Upon receipt and review of the above items, and after satisfactory final inspection, a Certificate of
Completion shall be issued by the Building Official.
Secs. 24-236. through 24-250. Reserved.
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DIVISION 5. DESIGN AND CONSTRUCTION STANDARDS
Sec. 24-251. General requirements.
All required Improvements shall be designed by a Florida registered professional engineer. Construction
Plans shall be prepared in accordance with applicable local, State and Federal standards. Construction
Plans shall be approved by the City prior to construction of Improvements, and issuance of a Building
Permit shall constitute approval to commence Development. The requirements within this Division shall
apply to all Improvements and all Development, as set forth herein, including Improvements within
Subdivisions, Planned Unit Developments, approved Site Plans, and any other Development Projects,
including individual Lots and Parcels, where applicable. Construction Plans shall address each of the
following requirements and shall provide sufficient information to demonstrate compliance with all
applicable requirements of these Land Development Regulations, the Florida Building Code and any
other applicable State or Federal regulations.
(a) Conformity to City policies. The division and Development of Land subject to these regulations shall
be in conformance with the goals, objectives and policies of the Comprehensive Plan as well as all
other applicable local, State and Federal requirements regulating the division and Development of
Land.
(b) Use of natural features. The arrangement of Lots and blocks and the Street system shall make the
most advantageous use of topography, shall preserve mature trees, other natural features and
Environmentally Sensitive Areas, wherever possible.
(c) Soil and flood hazards. A Final Subdivision Plat shall not be approved unless all Land intended for
use as Building sites can be safely and reasonably used for Building purposes without danger from
flood or other inundation, or from adverse soil or foundation conditions, or from any other menace to
health, safety or public welfare. In particular, Lands that are within the one hundred (100) year flood-
prone areas, as designated by the Federal Emergency Management Agency, Federal Insurance
Administration, shall not be subdivided and developed until proper provisions are made for protective
flood control measures and stormwater management facilities necessary for flood-free access to the
sites. All Lots and Building sites shall be developed such that Habitable Space is constructed at a
minimum Finished Floor Elevation of eight and one-half (8.5) feet above Mean Sea Level. Flood
protection provisions shall be approved by the designated Administrative Official to assure that fill or
grade level changes will not alter the natural drainage or adversely affect other areas downstream
through added runoff or adverse impacts to water quality.
(d) General construction methods. All design and construction methods shall conform to the
requirements of these Land Development Regulations and all design and construction standards
referenced therein, including, but not limited to: Florida Department of Transportation Drainage
Design Manual, Standard Specifications for Road and Bridge Construction, Manual of Uniform
Minimum Standards for Design, Construction and Maintenance of Streets and Highways.
(e) Paving and drainage engineering plans, which demonstrate compliance with the stormwater
management provisions of Section 24-67 of these Land Development Regulations depicting all
necessary elevations, treatment of intersections, design grade of pavement, the width ofright-of--way,
width and type of pavement. Topographic information depicting existing and proposed ditches,
swales, major drainage channels and other drainage facilities and systems shall also be provided.
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(1) Typical sections showing details of proposed pavement, sidewalk, wearing surfaces, curbs,
swales, canals, shoulders, slopes, drainage structures and other items of major construction.
(2) Profile sheets of all Streets and underground structures to be constructed, together with elevations
shown for existing Streets and utilities.
(3) A written design recommendation for asphalt and base course designs prepared by a Florida
licensed geotechnical engineer based on field testing of existing soils. Said design
recommendation shall be submitted prior to the commencement of any Street construction or any
construction of stormwater management facilities.
(4) Provision for erosion control. Siltation curtains, or other such erosion control barriers as may be
required to prevent erosion and displacement of soil or sand, shall be shown on paving and
drainage engineering plans, and shall be installed prior to the commencement of any land clearing
or Development.
Sec. 24-252. Streets.
(a) Concept and principles. The character, width, grade and location of all Streets and bridges shall
conform to the standards of this Division and shall be considered in their relation to existing and
planned Streets, to topographical conditions, to public convenience and safety, and in their
appropriate relation to the proposed Use of the Land to be served by the Streets.
(b) Arrangement of Streets. The arrangement of new Streets within a Subdivision or new Development
project shall:
(1) Conform with the Traffic Circulation Element of the Comprehensive Plan.
(2) Be interconnected with the existing Street system so as to provide for vehicular connections
between neighborhoods.
(3) New Local Streets shall be designed in a manner, which discourages use by through traffic.
(c) Access to p awed S treets required. E very L ot, D evelopment P arcel o r new S ubdivision s hall h ave
access to a paved Street dedicated to public Use, which has been accepted and maintained by the City.
It shall be the responsibility of the developer to design, construct and pave Streets in accordance with
the requirements of Division 5 of this Article. A Certificate of Completion shall be issued prior to
acceptance of any public Street by the City and prior to the issuance of any Building Permit to
develop individual Lots or Parcels.
(1) Any Subdivision of Land, which creates more than ten (10) residential Lots shall provide two (2)
separate access points, unless other provisions, such as permanent Easements, are made for
emergency ingress, and provided that such entrances will not adversely affect the overall Street
system.
(2) New Subdivisions, which utilize private security gates or other types of restricted access, shall
provide a universal emergency access system at each entrance.
(d) Private Streets providing access to individual Lots shall be constructed and maintained in accordance
with Division 5 of this Article. Provision for the continued private maintenance of any private Street
shall be provided to the City prior to issuance of any Building Permit.
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(e) Where the impact of new Development can be demonstrated to reduce any transportation related Level
of Service Standard as established by the adopted Comprehensive Plan, additional Right-of--way may
be required by the City to maintain adequate roadway capacity, public safety or to ensure adequate
access, circulation and parking.
(f) Reserve strips prohibited. Reserve strips prohibiting future access to public Streets shall be
prohibited except where irrevocable control of such reserve strips is placed with the City.
(g) Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right
angles, and no Street shall intersect any other Street at less than a sixty (60) degree angle. Offset
intersections, which may be created by new Streets, shall be prohibited except where removal. or
damage to any Private Protected Tree or Public Protected Tree may be avoided by such offset
intersection.
(h) Property lines rounded at intersections. Property lines at Street intersections shall be rounded with a
radius o f t wenty (20) f eet o r a g reater r adius w here r equired b y t he C ity. The C ity may p ermit
comparable cutoffs or chords in place of rounded corners.
(i) Minimum Right-of--way and paving widths. Minimum Street Right-of--way and paving widths shall
be as follows, unless otherwise indicated or required by law:
STREET TYPE RIGHT OF-WAY PAVING WIDTH
Major Collector Street 84 feet 28 feet
Minor Collector Street 60 feet 24 feet
Local Street: Without curb and gutter 60 feet 20 feet
Local Street: With curb and gutter 50 feet 24 feet
Cul-de-sacs and loop Streets not exceeding 60 feet* 20 feet*
1500 feet in length: Without curb and gutter
With curb and gutter 50 feet* 20 feet*
Alley: Commercial 30 feet 12 feet
Alley: Residential 20 feet 10 feet
* Required for linear portion of cul-de-sacs and loop Streets.
See following paragraph (i) for dimension of turn-arounds.
(j) Dead-end Streets. Dead-end Streets, designed to be so permanently, shall be prohibited except when
designed as cul-de-sacs. These Streets are limited to one thousand (1,000) feet in length; however,
the C ity m ay a pprove c ul-de-sacs o f g reater 1 engths, w here d ue t o t opographic c onditions,design
consideration, or number of Lots to be located on the same, a greater length may be deemed
necessary. A circular turnaround shall be provided at the terminus of the cul-de-sac. The circular
area shall contain right-of--way with a diameter of not less than seventy-five (75) feet as measured
from adjoining property lines. The diameter of the paved area shall be not less that sixty (60) feet as
measure from edge of curb. The City may authorize a "T" type design of proper size for vehicular
turnaround as required by the Director of Public Works. Temporary turnarounds shall be provided at
the end of Streets, which are to be extended in the later stages or phases of the Development.
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(k) Street names and house numbers. Street names shall conform to any established Street naming plan
of the City. New Street names shall not duplicate, or closely approximate phonetically, in spelling or
by Use of alternate suffixes such as Lane, Way, Drive, Court, Avenue or Street , t e names
of existing Streets, except that a new Street that is an extension of, or in alignment with an existing
Street shall bear the same name as that borne by the existing Street. The Building Official shall,
within ten (10) days of conditional approval of the Preliminary Plat, assign or cause assignment of
address numbers for all Lots. The assignment of the address shall be determined by the Building
Official.
(1) Shared driveways. The use of shared private driveways shall be permitted subject to provision of a
shared access Easement or other legally binding agreement between all parties using such access. A
copy of the recorded Easement or agreement shall be provided to the City prior to i ssuance of a
Building Permit.
Sec. 24-253. Easements.
(a) Utilities. Easements across Lots or centered on rear or side Lot lines shall be provided for utilities
where necessary, and shall be at least fifteen (15) feet wide and shall extend from Street to Street.
(b) Drainage a nd w atercourses. Where a D evelopment i s t raversed b y a w atercourse, c anal, d rainage
way, non-navigable channel or stream, there shall be provided a stormwater Easement or drainage
Right-of--way conforming substantially with the lines of the watercourse, and such further width as
will be adequate for the purpose of access for maintenance, and to provide for the unrestricted flow of
the intended volume of water.
(c) Other drainage Easements. Other Easements may be required for drainage purposes of such size and
location as maybe determined by the designated Administrative Official.
(d) Pedestrian and service Easements. Where necessary for safety and convenience, pedestrian and
service Easements or Right-of--ways maybe required.
(e) No City expense. Easements required by these Land Development Regulations within proposed
Developments shall be provided at no expense to the City.
(f) The abandonment or vacation of beach access Easements shall be prohibited.
Sec. 24-254. Blocks.
(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 Use contemplated.
(2) Zoning District requirements as to Lot sizes and dimensions.
(3) Needs for convenient access, circulation, control and safety of Street and pedestrian traffic and
fire protection.
(b) Block lengths. Block lengths shall not exceed twelve hundred (1200) feet between intersecting
Streets, except that the City Commission may approve blocks of greater length.
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Sec. 24-255. Lots.
(a) General. Lot size, width, depth, shape and orientation, and the minimum Building Setback lines shall
be appropriate for the location of the Development and for the type of development and Use
proposed. Lot arrangement and design shall be such that all Lots shall provide satisfactory and
desirable Building sites. In no event shall a residential Lot created after the initial effective date of
these Land Development Regulations have a width of less than seventy-five (75) feet at the Building
Restriction Line, or shall it contain less than seven thousand, five hundred (7,500) square feet unless
approved as part of a Planned Unit Development.
(b) Dimensions. Lot dimensions shall conform to the requirements of Article III of this Chapter, and the
depth and width of properties reserved or laid out for commercial and industrial purposes shall be
adequate to provide for the off-Street service and parking facilities required by the type of Use and
Development proposed.
(c) Residential Corner Lots. Corner Lots for residential Use shall have extra width, greater than a
corresponding interior Lot, to accommodate the required Building Setbacks from any orientation to
both Streets.
(d) Street access. All Lots shall be provided with satisfactory and permanent access to a paved public
Street. No new Lot shall be created, which prohibits established access or reasonable access to an
Abutting Property.
(e) Double frontage Lots. Creation of new residential Lots having double Street frontage shall be
avoided.
(f) Building Restriction Lines. The Developer shall establish Building Restriction Lines in accordance
with a pproved F final S ubdivision P lat, a nd s uch B wilding R estriction L fines s hall b e s hown o n t he
recorded Plat.
Sec. 24-256. Provision for required recreation. New Subdivisions containing ten (10) or more acres
shall be required to provide a minimum of one acre dedicated for recreation purposes. A requirement of
one acre per each ten (10) acres, or fractional portion thereof, shall be required for new Subdivisions
exceeding ten (10) acres in size. A minimum of fifty (50) percent of Lands required for recreation shall
contain active recreation facilities such as ball-fields or multi-purpose fields, tennis courts, skateboard
facilities, swimming pools and the like.
Sec. 24-257. Required Monumentation.
(a) Iron pipes. Iron pipes shall be placed at all block corners, angle points and points of curves in Streets,
and at intermediate points as shall be required by the designated Administrative Official.
(b) Permanent Reference Markers. A sufficient number of Permanent Reference Monuments shall be set
in each residential Subdivision, and in no case less than two (2) such monuments and in no case more
than two thousand (2,000) feet apart, either within the tract or on the exterior boundaries thereof, or
both, properly referenced, for both construction and future City use. The Permanent Reference
Monuments shall meet all the specifications set out in Florida Statutes, Chapter 177.091, and as may
be required by the designated Administrative Official.
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(c) Location and construction. The location of all Permanent Reference Monuments shall be indicated on
the Final Subdivision Plat. All iron pipes and pins and Permanent Reference Monuments shall be of
such size, material and length as may be specified by the designated Administrative Official.
(d) Lot corners. Lot corners s hall be monumented with i ron pipes, iron pins or Permanent Reference
Monuments.
(e) Time of placement. Permanent Reference Monuments (PRM) and Permanent Control Points (PCP)
shall be set in accordance with Florida Statutes, Chapter 177.091, except all monuments including Lot
corners shall be placed before the developer is released from any required surety. If no surety bond or
personal bond secured by a letter of credit is posted, monuments including Lot corners must be placed
prior t o a cceptance f or o wnership a nd m aintenance. Any a nd a 11 L and m onuments i ncluding L of
corners disturbed or destroyed in the prosecution of construction shall be accurately witnessed and
replaced at the developer's expense upon the completion of construction. The designated
Administrative Official may accept a certification from the developer's surveyor that the requirements
of this Division have been satisfied.
Sec. 24-258. Clearing and Grading of Right-of--ways.
The developer shall be required to clear all Rights-of--way and to make all grades, including all grades for
Streets, alleys and drainage, consistent to grades of the approved Construction Plans. All debris shall be
removed from Rights-of--way. In the interest of the preservation of existing Protected Trees, or
Environmentally Sensitive Areas, or other natural features, the City may vary from this Section where
aesthetic and environmental conditions shall be enhanced. No Right-of--ways shall be cleared prior to
approval of Construction Plans, and issuance of a site clearing and tree removal or relocation permit as
required by Chapter 23 of the Code of Ordinances.
Sec. 24-259. Centralized Sewer and Water Services.
(a) New Subdivisions shall be required to provide centralized water and sanitary sewer systems.
(b) The use of private wells and septic tanks shall be in accordance with the requirements of Chapter
64E-6, Florida Administrative Code. New septic tanks shall further be subject to the provisions of
following Section 24-260.
Sec. 24-260. Installation of septic tanks, private wastewater, and. on-site sewage treatment and
disposal systems.
(a) New Lots or Parcels, which are created pursuant to the exemptions from the requirement for approval
and recording of a Final Subdivision Plat or Replat as set forth within Section. 24-189, shall contain a
Minimum Lot Area of one (1) acre, exclusive of Wetlands, in order to use private wastewater Systems
and Septic Tanks, or any type of on-site sewage treatment and disposal systems, except that any Lot
within one-hundred (100) feet of any central sewer line shall be required to connect to central services
as required by Chapter 22, Article III of this Code of Ordinances without respect to size of the Lot or
Parcel.
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