The regulations set
forth in this Article shall be applicable to all subdivision of land in
unincorporated PBC, Florida, or as hereafter established. Deviations from the provisions of this
Article may be permitted for development supporting government facilities
within the PO Zoning District, subject to approval by the County Engineer utilizing
the following standards: [Ord. 2007-013]
1. the proposed deviation(s) creates no
hindrances, restraints, or incompatibilities for the uses, structures, and
lands surrounding and in the vicinity of the land proposed for development; [Ord.
2. the proposed deviation(s) maintains proper
and adequate access to the land proposed for development; [Ord. 2007-013]
3. the proposed deviation(s) allows for
development in a logical, timely, and functionally adequate manner; [Ord.
4. special or unique circumstances or factors
exist that are applicable to the land proposed for development; [Ord.
5. the proposed deviation(s) allows for
reasonable or practical use of the land proposed for development; [Ord.
6. approval of the deviation(s) is consistent
with the purpose, goals, policies, and objectives of the Plan and this Code;
and, [Ord. 2007-013]
7. approval of the deviation(s) is not injurious
to the surrounding area or otherwise detrimental to public health, safety, and
general welfare. [Ord. 2007-013]
The specific provisions
of this article shall be applied and interpreted in a manner consistent with
PBC’s purpose and intent to:
1. Establish procedures and standards for the
subdivision of real estate;
2. Ensure proper legal description,
identification, monumentation and recording of subdivisions;
3. Aid in the coordination of land development
in accordance with orderly physical patterns;
4. Implement the Plan with respect to
installation of on-site improvements for new development, which improvements
are necessary to meet or maintain the levels of service required under the
Concurrency Management System of the Plan;
5. Ensure provision of safe, convenient legal
and physical access to and circulation among lots for vehicular and pedestrian
6. Ensure provision of adequate utilities to
support development of each lot;
7. Regulate the subdivision and associated
development of lands subject to seasonal or periodic flooding, and provide for
adequate stormwater management to minimize adverse impacts of development on
water resources while ensuring acceptable levels of protection from inundation
for residents and improvements;
8. Ensure that the citizens and taxpayers of PBC
will not have to bear the costs resulting from haphazard subdivision of land or
failure by the developer to provide adequate and necessary physical
improvements of lasting quality; and
9. Assure the purchaser of land in a subdivision
that necessary infrastructure improvements have been provided in accordance
with PBC standards for design and construction, and that associated rights and
obligations have been established for the use and maintenance of said
In their interpretation
and application, the requirements of this Article shall be deemed to be the
minimum requirements necessary for the promotion of public health, safety and
The requirements of
this Article are intended to complement and expand upon rules, regulations, and
permit requirements of other state, regional, and local agencies applicable to
the design, construction, and/or operation of facilities for access and
circulation of vehicles and pedestrians, construction of streets and related
facilities, power and communication services, wastewater and water services,
and stormwater management and flood protection in PBC. Compliance with the
requirements of this Article shall not relieve the developer from the necessity
to comply with all requirements and obtain all permits required by the
regulations of such other agencies.
In the event of
conflict between a specific requirement of this Article and that of another
agency's rule, compliance with this Article shall be interpreted by the County
Engineer to avoid the conflict where such avoidance is not inconsistent with
the general purposes and intent of this Article and is affirmatively
demonstrated as necessary to meet the purposes and intent of the conflicting
rule. However, if the difference between said requirements is solely a matter
of degree, the more restrictive requirement shall prevail and no conflict will
be considered to exist.
Any developer planning
to subdivide land shall record a Final Plat in accordance with the requirements
of this Article unless such requirement is specifically waived by the County
Engineer in accordance with the provisions of Art.
11.A.8, Exceptions to General Requirements. [Ord. 2011-016] [Ord.
The adequacy of
necessary public or private facilities and services for traffic and pedestrian
access and circulation, solid waste, wastewater disposal, potable water supply,
stormwater management, and similar facilities and services, and potential
adverse impacts on adjacent land uses and facilities shall be considered in the
review of all development proposals. No Final Plat or certified boundary survey
shall be recorded until all required improvements set forth in Art.
11.E.1, Required Improvements,
except those specifically waived pursuant to Art.
11.A.8.E, Exceptions to Installation of Improvements Requirement, are either completed in accordance with
the requirements of Art,
11.B.5, Construction of Required Improvements, or are guaranteed to be completed by the developer in accordance with
the provisions of Art,
11.B.2.A, Land Development Permit Application Submittal. [Ord.
2011-016] [Ord. 2014-025]
improvements shall be designed pursuant to the standards and specifications as
prescribed in this Article and PBC Standards, or as otherwise required by the
County Engineer, in accordance with acceptable standards of engineering
principles. All such improvements shall be installed by and at the expense of
the developer in conformance with approved construction plans as referenced by
the applicable Land Development Permit.
Prior to consideration
of any subdivision for approval under the terms of this Article, the land
proposed to be subdivided shall:
1. Be of sufficient land area to comply with the
density and consistency requirements and provisions of the Administration and
Land Use Elements of the Plan;
2. Be in the proper zoning district and have the
necessary zoning approvals required for the intended use; and
3. Have received a Concurrency Approval,
non-expired Concurrency Exemption, or Concurrency Exemption Extension, pursuant
to Art. 2.F, Concurrency.
Subdivision of land
unsuitable for the proposed type or extent of development shall not be approved
unless adequate methods of correction or mitigation are formulated and approved
in accordance with the provisions of this Article. The County Engineer may
determine that land is unsuitable for subdivision due to unstable or poorly
drained soils, frequent inundation, existence of environmentally sensitive or
protected areas, inadequate legal or physical access to the proposed
subdivision, or conditions or features deemed to be harmful to the health,
safety and general welfare of future residents or the public.
No person shall create
a subdivision or develop any lot within a subdivision in unincorporated PBC
except in conformity with this Article. No Final Plat or certified boundary
survey of any subdivision shall be recorded unless such subdivision meets all
applicable provisions of this Article, the provisions of other applicable PBC
ordinances, and the applicable laws of the State of Florida. However, the
subdivision of contiguous lands shall not be subject to compliance with the
provisions of this Article where the lands are under single ownership with none
of the resulting lots being less than 40 acres or where the remaining land is
part of a development being platted in phases in accordance with a Master Plan
approved by the DRO, unless such compliance is required as a specific condition
of a development order for a conditional use or special use approved pursuant
2.H, FLU Plan Amendments. [Ord. 2011-016] [Ord. 2014-025]
1. Except as provided in this Section, or
elsewhere in the Code, no building permit shall be issued for any structure on
any lot created by subdivision of land in violation of this Article unless and
until such lot is shown on a plat or certified boundary survey, as applicable,
recorded in the manner prescribed in this Article. [Ord.
2011-016] [Ord. 2014-025]
2. Temporary structures, permanent structures
having a temporary use, model homes and ancillary structures such as fences,
buffer walls, and guardhouses may receive a building permit prior to
recordation of the Final Plat for the property only when the use and location
have been approved by the DRO and shown on the approved Final Subdivision Plan.
Such approval, however, shall not in any way relieve the developer from the
obligation to correct any and all nonconforming setbacks, separations, or
encroachments due to inconsistencies between the location of said structures
and lot, street, or easement boundaries as established by the applicable
recorded plat. [Ord. 2014-025]
All active subdivision
developments and all modifications to previously platted subdivisions shall be
subject to the requirements of this Article in accordance with the provisions
of Art. 1.E, Prior
Any development which constitutes a
committed development under the Plan and the concurrency exemption ordinance, Ord. No. 1989-035, or
which has otherwise been deemed vested under State of Florida law, is hereby
deemed an active subdivision plan or preliminary plat, as applicable.
Modifications to an active subdivision plan
or preliminary plat shall subject the development to the requirements of this
a. The modification of an active subdivision plan
for a planned development cannot be approved by the DRO in accordance with the
authority granted to it under Article 2.A.2.C.3, Development Review Officer; or
b. The modification of an active subdivision
plan or preliminary plat constitutes more than a minor deviation such that, in
the opinion of the County Engineer, the construction plans for the required
improvements require a new submittal and review.
Any fee required for an
application made pursuant to this Section is hereby waived for all applications
made by the County Engineer.
The official records of
PBC contain plats recorded prior to February 5, 1973. Such plats show areas
within PBC which have been platted as subdivisions, but which have either been
partially improved or developed or remain unimproved or undeveloped. These
areas, if developed or improved further as platted, would not conform to the
objectives and policies of the Plan for such areas.
The BCC shall have the
power, on its own motion, to order the vacation and reversion to acreage of all
or any part of a subdivision within unincorporated PBC, including the vacation
and abandonment of streets or other parcels of land dedicated for public
purposes and the vacating of streets and other
parcels of land reserved for the use of the owners, including
lands maintained by a property owners association, when:
a. The subdivision plat was recorded as provided
by law prior to February 5, 1973; and
b. within the subdivision plat or part thereof
proposed to be reverted to acreage, not more than ten percent of the total
number of platted lots have been sold to individual owners by the original
subdivider or his successor in title.
The owner or owners of
a subdivision subject to vacation and reversion to acreage by motion of the BCC
may either abandon the subdivision or portion thereof in accordance with the
procedures of the Board, or may improve undeveloped or partially improved
streets and drainage facilities at their cost and expense, provided such
improvements shall comply with the provisions of this Article.
Prior to ordering such
a vacation and reversion to acreage, the BCC shall hold a public hearing
relative to the proposed vacation and reversion to acreage, with prior notice
thereof being given by publishing in a newspaper of local circulation the date
of and the subject matter of the hearing once within 14 calendar days prior to
the date of such public hearing. At such public hearing, the vacation and
reversion to acreage of subdivided land must be shown to either conform to the
Plan or reduce the nonconformity with the Plan.
No owner of any parcel
of land in a subdivision vacated and returned to acreage or abandoned by the
owners shall be deprived, by reversion to acreage or abandonment of any part of
the subdivision, of reasonable access to such parcel nor to reasonable access to
existing facilities to which such parcel has theretofore had access. Such
access remaining or provided after such vacation and reversion or abandonment
may not necessarily be the same as theretofore existing, but shall be
reasonably equivalent thereto.
The improvement of
non-conforming subdivisions not subject to vacation and reversion to acreage by
motion of the BCC shall comply with the requirements of this Article and the
The existing R-O-W for
a local street shall be considered sufficient provided it is at least 50 feet
wide and the improvements conform to the 50 foot typical section or 60 feet
wide and the improvements conform to the 60 foot typical section for local
street construction as contained in PBC standards. If the existing R-O-W is
less than 50 feet wide, additional R-O-W shall be provided to make a total
width of not less than 50 feet.
Positive drainage shall
be established or its existence proven, meeting all requirements for connection
to a point of legal positive outfall. Easements for proper drainage shall be
provided where necessary at a width adequate to accommodate the drainage
facilities, but in no case shall said easement width be less than 12 feet.
Where canals or ditches are permitted, the easement width shall be adequate to
accommodate the full width of drainage facilities plus 20 feet on one side to
permit access by equipment for maintenance purposes.
Any planned development
which is to be subdivided shall comply with the requirements of this Article
after approval of a Final Subdivision Plan by the DRO pursuant to Art. 2.C, Administrative
Process. For the purpose of
this Article, "Planned Development" shall mean any development within
a Planned Development district as defined by this Code and regulated pursuant
3.D, Property Development Regulations (PDRs).
A building site which
constitutes all or a portion of a pod designated for commercial or industrial
use within a planned development, and for which the detailed development
configuration and building permit issuance are subject to prior approval by the
DRO of a final site plan, may be exempted by the County Engineer from the
subdivision recordation requirement of Art.
11.A.4.B.1, and may be
subdivided by fee title conveyance of individual internal lots. Such exemption
may be granted by the County Engineer provided that: [Ord. 2014-025]
1. Legal access to each interior lot is provided
by a common parking lot in full compliance with all requirements of Art.
2. The layout, location, and construction limits
of structures within the building site are regulated by required separation
distances between structures rather than by setbacks from interior lot lines;
3. Individual interior lots are not subject to
requirements for minimum area or dimensions under the property development
regulations of Art.
3.D, Property Development Regulations (PDRs), applicable to the building
4. A statement of the developer's intent to
subdivide the property pursuant to the platting exemption of this Art.
11.A.6.B, Subdivision of Commercial and Industrial Building Sites, and
proposed subdivision lines with bearings and distances are included on the
approved final site plan for the building site, in which case said site plan
shall constitute the approved final subdivision plan for purposes of compliance
with this Article; [Ord. 2011-001]
5. All lands within the perimeter of the
building site are subject to a common recorded unity of control or other such
maintenance and use covenants for access, parking, stormwater management, and
other required common areas or facilities, as approved by the County Attorney
pursuant to Art.
5.F, Legal Documents; and
6. The building site is delineated on a single
boundary plat of record depicting all existing drainage and utility easements
of record and all required limited access easements, water management tracts,
and common area tracts, and including appropriate dedications or reservations
encompassed by a Master Plan or Final Subdivision Plan may be developed in two
or more phases pursuant to the terms of this Section and applicable phasing
provisions of Art. 2.E.3, Supplementary Regulations for Classes of Development Orders. Construction plans and preliminary
plats shall coincide with their respective phases as shown on the Final
Subdivision Plan or Master Plan. [Ord.
The improvements of
each phase shall be capable of operating independently of any unconstructed
phase with respect to drainage, access, utilities, and other required
improvements, except as provided herein. A dependent phase may be platted only
if the foundation phase plat has been recorded and required improvements have
been completed or are under construction pursuant to a land development permit
and are secured pursuant to a guarantee posted for completion of required
improvements. A dependent phase shall not be acknowledged as completed until
the improvements in the foundation phase are acknowledged as completed;
provided, however, that such acknowledgment of completion may occur
simultaneously and provided that the County Engineer may permit the posting of
a guarantee to ensure the installation at a later time of those required
improvements which are not deemed necessary to provide drainage, access, or
utilities to such dependent phases. [Ord.
When the Preliminary
Subdivision Plan is to be constructed in phases, the following sequence must be
1. All required recreation areas and facilities
to serve the entire development shall be platted or otherwise provided pursuant
to the procedures and phasing provisions of Art. 5.F, Legal
Documents; and, [Ord. 2015-006]
2. Where all or any portion of a water
management tract is required to serve a proposed phase of development, and has
not been previously recorded and constructed, said water management tract and
its associated lake maintenance easement(s) shall be included and constructed
in their entirety as part of the plat and required improvements for that phase.
The County Engineer is
hereby empowered to make certain exceptions to the platting requirement of Art.
11.A.3.A, Platting Requirement, and required improvements installation requirement of Art.
11.A.3.B, Required Improvements Installation Requirement, in accordance with the standards and
procedures set forth in this Section.
When approved by the
County Engineer, a certified abstracted boundary survey may constitute the
Subdivision Plan and when the subdivision is not encompassed by a Final
Subdivision Plan approved by the DRO.014-025]
If, after review of the
preliminary subdivision plan, the County Engineer determines that the proposed
subdivision meets one of the conditions specified in Art.
11.A.8.C.1, Application for Plat Waiver, the requirement to file a plat may be waived and an abstracted
boundary survey shall be recorded in lieu of a plat along with an affidavit
documenting approval of said waiver and restrictive covenants applicable to the
subdivision, as prescribed by this Article.
[Ord. 2011-016] [Ord. 2014-025]
In order to determine
whether platting may be waived, the developer shall submit a certified
abstracted boundary survey or preliminary subdivision plan, together with a
statement demonstrating that the subdivision meets at least one of the
following conditions: [Ord. 2014-025]
a. The division is for the purpose of
constructing not more than one townhouse building in compliance with applicable
use regulations and standards pursuant to Art. 3.C, Standard
b. The division is to create no more than three
contiguous lots and all of the following circumstances apply:
1) Dedications or reservations are not required
for the installation or maintenance of the required improvements; and
2) The improvements and dedications existing on
the land are substantially in accordance with the requirements of this Article.
c. The division is of a contiguous land area not
exceeding 80 acres into lots of at least ten acres each and which area meets
all of the following additional conditions:
1) The area to be subdivided has existing legal
access via a street of local or higher classification, accepted for maintenance
by a local governmental agency, a special district, or a legally incorporated
property owners association (POA);
2) legal access to the proposed lots exists or
will be established and dedicated to and be maintained by a POA or a special
3) Legal positive outfall exists and the
appurtenant drainage easements are dedicated to, maintained and accepted by
either by a POA or water control district.
d. The division consists of a change in lot
lines for the purpose of combining lots or portions thereof, shown on a record
plat, into no more than three contiguous lots where each of the resulting lots
meets the requirements of the Plan and this Code or reduces the degree of
non-conformity to the requirements of the Plan and this Code, as applicable,
and the establishment of streets or installation of improvements either would
not be required pursuant to this Article or would be required and their
installation would be guaranteed by the developer pursuant to the provisions of
this Article. Provided, however, that any application hereunder for lands shown
on a record plat recorded after February 5, 1973, shall be limited to those
changes necessary to correct errors in the record plat or to make a lot line
adjustment to accommodate an isolated instance of error in construction of a
dwelling unit or other building. In such cases, the improvements shall be in
compliance with the standards in effect at the time of recording the plat or
with any approved variance to such standards;
e. The lot or lots were created as part of an
antiquated subdivision and the County Engineer finds that the subdivision
substantially complies with the intent, purposes and requirements of this
Article. In making such determination, the County Engineer shall consider the
following factors and any other information he deems appropriate:
1) The total area of land encompassed by the
2) The number of lots created within the
3) The prior and subsequent subdivision of the
area encompassed by the antiquated subdivision and whether such subdivision was
platted or otherwise surveyed and placed of record;
4) The need for dedications or reservations to
ensure installation and continued maintenance of the required improvements;
5) The extent of deviation from the requirements
of this Article;
6) The extent of ownership fragmentation,
including the number of lots sold and the number of lots developed;
7) The degree of compliance with other PBC land
development regulations, including but not limited to the Plan and this Code;
8) The number of lots to be created; and
9) The extent of development in the surrounding area.
f. The combination or recombination of lots is
required in order for the new lot or lots to meet the density requirements of
In determining if
platting may be waived, the County Engineer shall make a determination of the
agencies required for review, distribute to these agencies accordingly and
consider recommendations received from the agencies regarding conformance with
requirements of their respective regulations and program responsibilities. The agencies that may be considered for
review by the County Engineer are: [Ord. 2010-022]
a. The Directors of the Land Development and
Traffic Divisions, and Survey Section of the Engineering Department;
b. The Directors of the Planning and Zoning
Divisions; [Ord. 2006-004]
c. The Director of Environmental Resources
d. The County Health Director;
e. The Director of Water Utilities;
f. The County Attorney. [Ord.
The granting of a plat
waiver in no manner reduces or waives the requirements of Art.
11.B.1, Technical Compliance
11.B.5, Construction of Required Improvements, governing construction plan approval, land development permit
issuance, and installation of the required improvements. Failure by the
applicant to submit all documents required for the recordation of the affidavit
of waiver within six months of approval by the County Engineer shall void said
approval. [Ord. 2011-016] [Ord. 2014-025]
Right of way abandoned
by Resolution of the BCC may be combined into an adjoining lot of record. A lot may also be combined with an adjoining
lot or lots resulting in an overall decrease in the number of lots provided
that there are no interior easements along the common lot line(s) that prevent
the combination of the lots and that the new lot configuration decreases any
existing non-conformities. The revised
single lot of record may be created by one of the following: [Ord. 2010-022] [Ord. 2014-025]
1. The property owner may record a revised
abstracted boundary survey into the Public Records of PBC, if approved by the
Director of Land Development. In
determining whether this process is acceptable, the revised abstracted boundary
survey must be submitted for review to the Director of Land Development. The agencies that may be considered for
review of the revised abstracted boundary survey are Land Development, Survey
and Zoning. The abstracted boundary
survey shall be prepared by a State of Florida licensed surveyor and mapper. The document recorded in the Public Records
shall include the approval from Director of Land Development. In determining eligibility for creation of a
new single lot of record through this option, the Director of Land Development
and reviewing agencies shall consider the following criteria at a minimum: [Ord.
a. Designated zoning of lots to be
combined; [Ord. 2010-022]
b. Existence of landscape tracts, buffers or
easements along property lines; and [Ord. 2010-022]
c. Existence of utility easements along property
lines; or [Ord. 2010-022]
2. The property owner may record a waiver of
plat in accordance with Art.
11.A.8, Exceptions to General Requirements.
3. The property owner may record a plat in
accordance with Art.
11.D, Platting [Ord. 2010-022]
If, after review of the
preliminary subdivision plan, the County Engineer determines that certain
improvements already existing on the proposed subdivision site are adequate to
meet the intent of the required improvements requirement of this Article, the
installation of those required improvements may be waived.
The developer shall
submit a Preliminary Subdivision Plan, or when approved a certified abstracted
boundary survey, together with a statement demonstrating that the applicable
improvement(s) and associated dedications existing on the land and serving the
proposed lot(s) are substantially in accordance with the requirements of this
Article. [Ord. 2014-025]
The granting of a
required improvement(s) installation waiver in no manner reduces or waives the
requirement of this Article to file a plat and to comply with applicable
provisions of Art.
11.B.1, Technical Compliance,
11.B.5, Construction of Required Improvements, with regard to all required improvements not specifically waived. [Ord.
pursuant to this Article shall be submitted in a form established by the County
Engineer, prescribed in the Land Development Forms Manual, and made available
to the public. [Ord. 2014-025]
The County Engineer
shall review and act on applications for exceptions to this Article pursuant to
11.A.8, Exceptions to General Requirements. Such authority shall include
the power to:
1. Waive compliance with the procedures of Art.
11.B.1, Technical Compliance, through Art.
11.B.5, Construction of Required Improvements, when the County Engineer
finds that compliance with such procedures is unnecessary because: [Ord.
a. The proposed subdivision has been granted
both a plat waiver and a waiver for all required improvements for the property;
b. The proposed subdivision has been granted
both a plat waiver and a waiver for some of the required improvements and
installation of the remaining improvements will be assured by one of the
1) contribution of cash; or
2) construction of the required improvements
will occur at the time of building construction and the installation of such
improvements can be monitored as part of the building permit process or other
PBC permitting process. Such improvements include, but are not limited to,
drainage improvements requiring lot grading only, and installation of well
and/or septic tank; or
3) a combination of 1) and 2) above.
2. Review any and all restrictive covenants
applicable to a subdivision under review for a plat waiver;
3. Require additional information or reviews
deemed necessary for its consideration. Such information may include, but is
not limited to, written and oral statements with respect to the nature,
condition and maintenance responsibility of the streets, stormwater management
facilities, or other required improvements, and reviews by other PBC and State
of Florida agencies, and any information necessary to assure that the proposal
would conform to the Plan or reduce the degree of non-conformity to the Plan;
4. Upon determining the facts of each
application, determine whether the proposal makes adequate provisions for
public requirements, including safe and convenient vehicular and pedestrian
circulation, access, stormwater management, utilities, water supply and
wastewater disposal. [Ord. 2014-025]
The forms and formats
contained in the Land Development Forms Manual have been approved as standard
by the County Attorney and the County Engineer, as appropriate. All specific
agreements, guaranties, certifications, and other legal documents are subject
to the approval of the County Attorney. Alternate form(s) may be approved for
use pursuant to this Article, provided the County Attorney has first approved
such alternate form(s) in writing.
reservations shall be specified in accordance with the substantive requirements
11.D.1.B.15, Certification and Approvals, and shall be subject to approval by the County Attorney prior to plat
See Art. 1.I,
Definitions and Acronyms.
The purpose of
Technical Compliance is to provide a multi-agency review of the proposed
subdivision plat and all applicable required improvement construction plans for
conformance with technical and legal requirements of this Article, other
applicable provisions of this Code, PBC Standards, and the approved Final
Subdivision Plan or certified abstracted boundary survey (including any special
conditions of approval) prior to application by the developer for issuance of a
Land Development Permit and submittal of the Final Plat for recordation. [Ord. 2014-025]
Prior to the expiration
of the Final Subdivision Plan approval, where applicable, and prior to
commencing construction of required improvements, the developer shall have
prepared and shall submit to the County Engineer an application for Technical
Compliance review, which shall be accompanied by the required fee and the
required number, as established by the County Engineer, of the following
documents and information, as applicable to the subdivision or approved phase
thereof. Within three days of receipt of an initial application submittal for
Technical Compliance, the County Engineer shall review the submittal for
completeness and shall send written notification to the applicant if the
submittal is determined to be incomplete. Failure by the applicant to complete
the application submittal within 60 days of the date of said notification shall
be considered an abandonment of the application and any subsequent submittal
shall require a new Technical Compliance application. [Ord. 2014-025]
The developer shall submit the preliminary
plat meeting the requirements of Art. 11.D.1.A,
The developer shall submit a certified
abstracted boundary survey meeting the requirements of Art.
11.B.7, Requirements for Certified Abstracted Boundary Survey. [Ord. 2011-016] [Ord. 2014-025]
Except for those
required improvements have been specifically waived pursuant to Art.
11.A.8.E, Exceptions to Installation of Improvements Requirement,
construction plans and supporting design information for all the required
improvements shall be submitted for each subdivision. Construction plans and
required engineering reports shall comply with the requirements of Art.
11.B.4, Construction Plans and Supplemental Engineering Information. [Ord.
2005-002] [Ord. 2014-025]
The developer's engineer shall prepare and
submit a certified opinion of cost, which shall include the cost of installing
all required improvements required pursuant to Art.
11.E.1.A, Minimum Required Improvements for All Subdivisions. In
the alternative, the County Engineer may, at his sole discretion, accept the
contract price received by the developer for the construction of the required
The County Engineer
shall forward copies of appropriate submittal documents to the following
agencies for written comments regarding conformance with requirements of their
respective regulations and program responsibilities: [Ord. 2014-025]
a. Director, Land Development Division of DEPW:
construction plans and preliminary plat;
b. Director, Traffic Division of DEPW:
construction plans and preliminary plat;
c. Director, Survey Section of DEPW: preliminary
d. Director, Zoning Division of PZB: preliminary
e. Addressing Section, Administration Division
of PZB: preliminary plat;
f. Director, Parks and Recreation Department:
g. Director, Roadway Production Division of
DEPW: construction plans and preliminary plat for Thoroughfare Plan streets;
h. Director, Environmental Resources Management:
i. Florida Department of Transportation:
preliminary plat for lands abutting State roads;
j. Local water control district: preliminary
plat for lands abutting water control district facilities, easements, or R-O-W;
k. County Attorney: preliminary plat; and
l. Director of Property and Real Estate
Management: preliminary plat.
The County Engineer
shall have up to 5 calendar days to forward the submittal to the review agencies.
Said agencies shall be given up to 20 calendar days to forward comments to the
County Engineer. Within five days of the end of this 20 day period, the County
Engineer shall forward all comments to the developer in writing, with a copy to
the developer's engineer, or other authorized agent. [Ord.
When the County
Engineer determines that the Technical Compliance application submittal does
not meet the provisions of this Article, the written statement shall reference
the specific section or standard with which the submittal does not comply.
Within 60 days of receipt of the comments letter, the developer shall cause all
corrections or revisions referenced in the comments letter to be made, and
shall resubmit the required documents and information. Failure to resubmit
within the required time shall be deemed an abandonment of the application and
any subsequent submittal shall require a new Technical Compliance application.
When the County
Engineer determines that the Technical Compliance application submittal meets
the provisions of this Article, the submittal shall be deemed to technically
comply with the provisions of this Article and a written statement of Technical
Compliance shall be issued.
The statement of
Technical Compliance shall be in writing and furnished to the developer and the
developer's engineer. The statement shall contain the following conditions and
1. The name of the documents reviewed;
2. The amount of guarantee for the construction
of required improvements, established in accordance with Art. 11.B.2.A.6,
Guarantees; [Ord. 2014-025]
3. The amount of recording fees due for
recordation of the final plat or certified boundary survey, which fees are
payable to the Clerk of the Circuit Court of PBC; [Ord. 2011-016]
4. A requirement to submit with the Land
Development Permit application a copy of all applicable property owners'
association documents; and
5. Requirements for submittal of supplementary
documentation deemed necessary by the County Engineer, such as deeds,
easements, covenants and other recorded instruments creating rights or obligations
for access, drainage, or utility services, which rights or obligations could
not be established through dedications or reservations on the plat.
The statement of
Technical Compliance shall expire six months after its date of issuance.
Failure to make a Land Development Permit application submittal prior to the
expiration of the statement of Technical Compliance shall void the Technical
Compliance approval and any subsequent submittal shall require a new Technical
Compliance application unless the County Engineer has granted an extension to
the Technical Compliance expiration. [Ord.
Any change to a Final
Subdivision Plan, however approved, which would either increase or decrease the
number of units in, or would, in the opinion of the County Engineer, cause a
substantial change or revision to any preliminary plat or associated
construction plans under review or approved for Technical Compliance, shall void
any approvals issued for same pursuant to this article and shall require a new
submittal and fee for such plat and construction plans unless a modification to
such plan and construction plans is approved by the County Engineer. [Ord. 2014-025]
A Land Development
Permit shall be required prior to commencement of construction of any required
improvement. The effective date of the Land Development Permit shall be the
date the County Engineer signs it. The Land Development Permit shall expire not
more than 21 months from the effective date, unless extended pursuant to Art.
11.B.5.B, Time of Completion of Required Improvements.
Except when the installation of all required improvements has been
waived pursuant to Art.
11.A.8.E, Exceptions to Installation of Improvements Requirement, the Final Plat or certified boundary
survey, as applicable, shall not be recorded until the developer has either
installed the improvements or has guaranteed the installation of the
improvements pursuant to the requirements of Art. 11.B.2.A.6,
Guarantees, below. As the
final step in the review procedures to obtain development approval under this
Article, the developer shall have prepared and shall submit, prior to
expiration of the Technical Compliance, an application for Land Development
Permit. The application for Land Development Permit shall be accompanied by the
required fee and the required number, as determined by the County Engineer, of
the following documents applicable to the subdivision or approved phase
thereof: [Ord. 2011-016] [Ord. 2014-025]
developer of a subdivision for which plat recordation is required shall submit
the Final Plat complying with Art. 11.D.1.B, Final
Plat, and a check for the
plat recordation, payable to the Clerk of the Circuit Court of PBC, in the
The developer of a
subdivision for which the requirement to plat has been waived pursuant to this
Article shall submit a check payable to the Clerk of the Circuit Court of PBC
for the recordation of the certified boundary survey. When construction plans
are not required, the certified abstracted boundary survey may be recorded
without further review, provided, however, that the County Engineer shall
review any documents submitted in compliance with Art. 11.B.2.A.3, Maintenance and Use Documents. [Ord. 2011-016] [Ord. 2014-025]
A copy of the
maintenance and use covenants and any other documents required by the County
Engineer as a condition of Technical Compliance shall be submitted. The
maintenance and use covenants shall indicate the maintenance responsibility for
all common areas and improvements within the subdivision, and shall comply with
all applicable requirements as specified in Art. 5.F, Legal
shall conform to the plans which received Technical Compliance or, if modified,
shall be accompanied by a written statement from the Developer's engineer which
details, explains, and justifies the modifications. Construction plans shall
comply with the requirements of Art.
11.B.4, Construction Plans and Supplemental Engineering Information, and prior to issuance of a Land
Development Permit, shall have received all applicable approvals of requisite
governmental agencies. [Ord. 2014-025]
The application shall
indicate whether the required improvements are to be constructed prior to
recordation or after recordation of the plat or certified boundary survey. When
the required improvements are to be constructed after recordation, the
Developer shall submit a statement acknowledging responsibility for completion
of said required improvements. The statement shall be in the form contained in
the latest version of the Land Development Forms Manual and shall be executed
by all owners shown on the applicable final plat. The statement shall be
accompanied by a guarantee for completion of required improvements, pursuant to
11.E.1.A, Minimum Required Improvements for All Subdivisions.
Said guarantee shall meet the applicable requirements of Art.
11.B.2.A.6, Guarantees. [Ord.
2011-016] [Ord. 2014-025]
All guarantees required
pursuant to Art.
11.E.1.A, Minimum Required Improvements for All Subdivisions, shall be in one of the forms prescribed in
the Land Development Forms Manual or in an alternate form approved by the
County Attorney. The initial guarantee shall be in an amount equal to 110
percent of the construction cost of the required improvements. The guarantee
shall be in one of the following types: [Ord. 2014-025]
Completion of the
required improvements may be secured by cash deposited by the developer with
PBC or in an account subject to the control of PBC in accordance with an
agreement on such deposit or account. The developer shall be entitled to
receive any interest earned on such deposit or account.
Completion of the
required improvements may be secured by a clean irrevocable letter of credit
issued to PBC in accordance with the PBC Letter of Credit Policy. The
expiration date of the letter of credit shall be at least three months after
the completion date for construction of required improvements pursuant to the
initial Land Development Permit or any subsequent extension thereto.
or Surety Bond
Completion of the
required improvements may be secured by a performance or surety bond obtained
from a company acceptable to PBC in accordance with the PBC policy on
performance bonds. It shall guaranty that all work will be completed in full
accordance with the approved Land Development Permit.
Completion of the
required improvements may be secured by an executed escrow agreement, between
the Developer, a bank approved by PBC, and PBC as the third party beneficiary.
The escrow agreement shall require that release of the funds, or any part
thereof, shall be subject to PBC approval.
The County Engineer
shall examine the submittal for completeness in compliance with this Article.
Within 30 days of receipt of a complete submittal, the County Engineer shall
review the submittal for conformity with this Article and shall advise the
developer of his findings in writing, with a copy to the developer's engineer.
exist, the County Engineer shall reference in writing the specific section or
standard with which the Land Development Permit submittal does not comply. The
developer shall correct such deficiencies within 30 days of receipt of the
written report. Failure to respond within the given time shall deem the
submittal abandoned and any subsequent submittal shall require a new
application and submittal for a Land Development Permit.
When the submittal
meets the provisions of this Article, the County Engineer shall sign the Land
Development Permit and, if applicable, shall sign and seal the final plat and
submit said approved plat to the Clerk of the Circuit Court for recordation.
When there is a
voluntary substitution of developers after the Land Development Permit has been
issued but before PBC has acknowledged completion of the required improvements,
it shall be the responsibility of both developers to transfer the rights and
responsibilities from the original developer to the succeeding developer. The
original and succeeding developers shall make a joint application to the County
Engineer for a transfer of the original developer's Land Development Permit. If
the original developer posted a guarantee with PBC for completion of required
improvements, the succeeding developer must post a substitute guarantee in the
current amount of the original developer's guarantee and in a form acceptable
to PBC. The application for transfer shall include the executed acknowledgment
of responsibility for completion of required improvements pursuant to Article
11.B.2.A.5, Developer's Acknowledgment of Responsibility for Construction of
Required Improvements. [Ord.
When a developer
becomes the succeeding developer through foreclosure or some similar action and
it is not possible to obtain the original developer's signature on a joint
application for transfer of the Land Development Permit, the succeeding
developer must comply with all provisions of Art. 11.B.3.A, Voluntary
Substitution of Developers, except that, in lieu of said original developer's
signature, the succeeding developer shall submit a current certification of
title, foreclosure judgment, or other proof of ownership of the lands
encompassed by the plat referred to in the Land Development Permit. [Ord. 2014-025]
When the development is
to be engineered by more than one firm, the developer shall appoint a single
engineering firm or engineer to coordinate submission of the construction plans
and construction of the required improvements.
Construction plans and
supplemental engineering information shall be submitted under separate cover
for each of the categories of improvements listed in this Section. Plan sets
shall be submitted in the number required in the Land Development Forms Manual. [Ord. 2014-025]
The following construction plans, signed and
sealed by the preparing engineer, shall be submitted for the required
improvements set forth in Art.
11.E.1, Required Improvements,
a. paving, grading and drainage;
c. water and sewer systems:
1) for technical compliance submittal: the
proposed plans submitted for PBC Health Department approval;
2) for land development permit submittal:
construction plans stamped with PBC Health Department approval.
plans shall be submitted for the following additional improvements which the
developer may be required to install or otherwise elect to provide:
a. Landscaping within streets;
b. Guardhouse, gates, or other structures within
c. Landscaping or structures in lake maintenance
easements: See Art.
11.B.6.A, Construction and Landscaping in Lake Maintenance Easements and Water
Management Tracts. [Ord. 2014-025]
All construction plan
submittals shall be so complete as to be suitable for contracting and
construction purposes. Design data, calculations and analyses shall be
submitted to address important features affecting design and construction and
shall include, but not be limited to, those for design high water, drainage
facilities of all kinds, subsurface soil data, alternate pavement and subgrade
types, and any proposed deviation from PBC standard design requirements.
All construction plan
submittals for the installation of required improvements shall consist of and
contain, but shall not be limited to:
1. A cover sheet showing the
applicable plat name, sheet index, category of improvements, and, vicinity
details showing compliance with PBC standards, or with any alternate design approved
by the County Engineer pursuant to Art.
11.B.6.C, Alternate Design Construction Standards and Types of Materials.
profile sheets as required to show special or unique situations;
mark, based on NAVD88; and [Ord. 2010-022]
regarding special conditions and specifications applicable to the construction,
a. required compliance with construction
requirements of this Article and PBC standards;
b. required compliance with State standards
applicable to the work;
c. minimum standards for materials;
d. test requirements for compaction or
stabilization of subgrade, base, and backfill;
e. required installation of underground
utilities and storm drainage located within the streets prior to construction
of subgrade for street pavement;
f. special construction or earthwork
requirements for site work in areas of impervious or unstable soils, or to cope
with unsuitable soil conditions.
Compliance application shall include the final stormwater management plan,
based upon and consistent with the preliminary stormwater management plan, in
separate report form detailing the design of all secondary and tertiary
stormwater management facilities, including, as a minimum, the following design
data and information:
1. Pre-development and post-development drainage
basin maps showing site topography, drainage basins, catchment areas, and
stormwater inflow/outflow locations for the site;
2. Pre-development and post-development site
characteristics affecting runoff such as ground cover, soil profile, wet season
mean high water table elevations and recurring high water elevations in
receiving watercourses or waterbodies;
3. Individual catchment area characteristics
used for design, including area, times-of-concentration, runoff factors, and
quantitative breakdown of pervious/impervious areas;
4. A statement of applicable design and/or
performance assumptions and criteria for each part of the system providing
drainage, treatment, or discharge control;
5. Evidence of existing access to legal positive
6. Complete hydrologic and hydraulic
calculations for design of storm sewers, retention/detention area, and
7. Identification of standard methods and/or
proprietary models used for hydrologic and hydraulic analysis, noting that
methods or models other than those of the Department of Transportation, SFWMD,
SCS, the rational method, the SBUH method, the Puls method or common
modifications of such methods, may require additional documentation;
8. A listing of specific PBC and SFWMD
requirements used as the design basis for street drainage, lot grading,
finished floor elevations, floodplain storage compensation, retention/detention
volumes, and discharge limits; and
9. Requirements for construction and maintenance
of any temporary or phased stormwater management facilities necessary to ensure
proper stormwater control and treatment during site development.
Compliance application shall include a soils report describing soil profiles of
the work site to such depth and extent necessary to determine special design or
construction needs. In lieu of Art. 11.B.4.F.4
and Art. 11.B.4.F.5,
the Developer may submit as
part of the report a certified statement from an engineer that he has
investigated the subsurface conditions of the site and has determined that such
conditions are suitable for the work as shown on the construction plans. The
soils report shall include: [Ord.
1. A map, drawn to stated scale, showing boring,
penetrometer, and/or test pit locations;
2. Results of each boring or other soil test,
keyed to the map;
3. Soil profiles with horizons described
according to the USDA, ASTM, or Unified standard soils classified system;
4. Location and extent of muck, hardpan, marl,
or other deleterious materials which may require special consideration in
design or construction; and
5. A description of groundwater conditions which
may require special consideration in design or construction.
Upon issuance of the
Land Development Permit, the developer shall coordinate the construction with
the County Engineer.
1. The time of completion of all required
improvements shall not exceed 21 months from the date of issuance of the Land
Development Permit unless an extension is granted pursuant to this
Section. For government facilities
within the Public Ownership (PO) Zoning District, the completion of required
improvements shall be permitted to: [Ord.
a. coincide with a Certification of Occupancy
(CO) for the first building on a parcel of land that adjoins a required street
improvement; or, [Ord. 2007-013]
b. be phased to coincide with a (CO) for the
first building within each phase of development that is accessed by a required
street improvement. [Ord. 2007-013]
2. A one year time extension may be granted by
the County Engineer after review of the written application for extension of
the developer. The developer should submit the application for extension,
including but not limited to a statement of justification and proof that an
acceptable guarantee will remain in place for the duration of the extension,
not less than two months prior to expiration of the Land Development Permit.
The County Engineer shall review and advise the developer in writing of his
decision within 30 calendar days of receipt of the application. [Ord.
When the developer
elects to complete required improvements prior to recording of the final plat
or certified boundary survey, the following procedures shall apply, as
applicable. [Ord. 2011-016]
1. Upon approval of the final plat and
acknowledgment of completion of the required improvements pursuant to Art.
11.B.5.G, Acknowledgment of Completion and Maintenance of Required Improvements,
the plat shall be submitted to the Office of the Clerk of the Circuit Court for
recordation. [Ord. 2014-025]
2. When the County Engineer finds that the
certified boundary survey and completion of the required improvements are in
compliance with all requirements of this Article, he shall cause the certified
boundary survey to be recorded in the Office of the Clerk of the Circuit
Court. [Ord. 2011-016]
When the developer
elects to guaranty the construction of the required improvements in order to
complete same after recordation, the County Engineer may approve reductions of
the amount of the guaranty and release the guaranty in accordance with the
requirements and procedures prescribed in this subsection. All requests for
reduction shall be by application to the County Engineer. A complete
application shall include, at a minimum, a certified cost estimate from the
developer's engineer for both the completed and the remaining required
improvements. The County Engineer shall have the right to reduce the amount of
any requested reduction based on his review of the application and required
improvements. The County Engineer shall also have the right to refuse to
approve any requested reduction so long as the developer fails to be in
compliance with any of the terms and conditions of this Article, the plat, or
the plans and specifications for the required improvements. The County Engineer
shall give written notification to the developer and the surety of his decision
on the application within one month of the application being deemed complete.
Any approval under this Section shall be conditioned upon the surety providing,
within one month of receipt of the County Engineer's written notification,
written confirmation of the reduction in a form acceptable to the County
in the amount of the guaranty may be approved by the County Engineer in
accordance with the following schedule.
Deposits and Escrow Agreements
The deposit or account may be reduced as
installations progress at stages of construction established by the County
Engineer, but not more frequently than monthly.
of Credit and Performance or Surety Bonds
Quarterly during the
process of construction and upon request by the developer, the County Engineer
may reduce the dollar amount of the guaranty.
The County Engineer shall not reduce the
amount of any guarantee below 20 percent of the original cost estimate amount.
In addition to this limitation, no reduction in the dollar amount of the
guarantee shall be made unless sufficient funds will remain to complete the
remaining required improvements and the cost of required improvements installed
equals or exceeds the amount of the request. To ensure that sufficient funds
remain for completion of the remaining required improvements, the County
Engineer shall release not more than 90 percent of the dollar amount of
required improvements certified as completed during the period for which a reduction
is requested, provided the amount is not reduced to less than 20 percent of the
original cost estimate amount. [Ord. 2014-025]
The guarantee shall only be released upon
acknowledgment of completion of the required improvements pursuant to Art.
11.B.5.G, Acknowledgment of Completion and Maintenance of Required Improvements. Two weeks prior to the release of the
guarantee, the County Engineer shall notify the appropriate District
Commissioner of intent to release. [Ord. 2014-025]
The County Engineer, as
the authorized agent of the Board, shall have the right to any funds available
under the guarantee to secure satisfactory completion of the required
improvements in the event of default by the developer or failure of the
developer to complete such improvements within the time required by Art.
11.B.5.B, Time of Completion of Required Improvements. The County Engineer shall send the
developer a courtesy written notice of PBC’s intent to expend any drawn funds
or demand performance, as applicable. Such notice shall be sent at least 30
calendar days prior to said expenditure or demand, and shall be mailed to the
last known address of the developer or his authorized agent according to the
Land Development Permit records on file with the County Engineer. [Ord. 2014-025]
standards shall be those prescribed in the current PBC Standards.
County Engineer shall be notified in advance of the date of commencement of
construction pursuant to the Land Development Permit, and of such points during
the progress of construction for which joint review by the County Engineer and
developer's engineer are required.
a. Construction shall be performed under the
surveillance of, and shall at all times be subject to, review by the County
Engineer; however, this in no way shall relieve the developer of the
responsibility for ensuring close field coordination and final compliance with
the approved plans, specifications and the requirements of this Code.
b. The developer's engineer shall provide
progress reports of the construction of the required improvements to the
developer. The developer's engineer may also be required to submit construction
progress reports directly to and at points of progress prescribed by the County
Engineer. The developer's engineer shall coordinate joint reviews of the
construction with the County Engineer at points specified by the County
Engineer. [Ord. 2014-025]
c. The County Engineer and his or her designees
shall have the right to enter upon the property for the purpose of reviewing
the construction of required improvement during the progress of such
construction. The County Engineer shall have the authority to stop the work
upon failure of the developer or his engineer to coordinate the construction of
the required improvements as required by this subsection. [Ord.
During construction, the developer's
engineer shall make or cause to be made such measurements, field tests, and
laboratory tests necessary to certify that the work and materials conform with
the approved development plans and the provisions of this Article. The County Engineer may require, at his
discretion, specific types and locations of tests and measurements which he
deems necessary to demonstrate conformance with approved plans and
The required improvements shall not be
considered complete until a certificate of completion, certifying to
construction in conformance with the approved plans, and the final project
records have been submitted to, reviewed, and approved by the County Engineer.
The certificate shall be signed and sealed by the developer's engineer and
shall be in a form established by the County Engineer, as prescribed in the
Land Development Forms Manual. Said certificate shall make specific reference
to, and be accompanied by copies of measurements, tests and reports made on the
work and materials during the progress of construction, along with a Record
Drawing copy of each of the construction plans on a high quality, time-stable,
reproducible mylar, showing the original design in comparison to the actual
finished work with all material deviations noted thereon.
The developer shall execute and submit a
warranty guarantying the required improvements against defect in workmanship
and material for a period of one year after acknowledgment of completion
pursuant to this Section. Said warranty shall be submitted to the County
Engineer along with the completion certificate and project records. The
warranty shall be in a form approved by the County Attorney and prescribed in
the Land Development Forms Manual.
submittal of the documents and records required by Art.
11.B.5.F.4, Engineer's Certificate of Completion, and Art.
11.B.5.G.1, Developer's Warranty on Workmanship and Material, and recorded copies of the approved
Maintenance and Use Covenants, the County Engineer shall determine the
completeness of the required improvements in accordance with the provisions of
this Article and the Land Development Permit. When the County Engineer determines
that the required documentation is acceptable and the required improvements
have been installed as required by this Article, he shall acknowledge
completion of the required improvements and, when a guarantee has been posted,
release the guarantee in accordance with the following: [Ord.
a. If the Final
Plat Has Been Recorded
When the applicable
plat has already been recorded, the County Engineer shall issue a written
statement to the Developer acknowledging completion of required improvements
and releasing the guaranty.
b. If the Final
Plat Has Not Been Recorded
When the final plat has not been recorded,
at the time of acknowledgment of completion the County Engineer shall review
said final plat for conformance with current certification and approval
requirements. Upon determining that the final plat meets said requirements, the
County Engineer shall approve the plat and submit it to the Clerk of the
Circuit Court for recordation.
c. Effect of
Issuance of the
statement acknowledging completion and, when applicable, releasing the
guarantee shall relieve the developer of his obligations for construction of
required improvements but shall not relieve the developer of his obligations
under the warranty for required improvements required under Art.
11.B.5.G.1, Developer’s Warranty on Workmanship and Material. [Ord.
The acceptance by the Board of any
dedication to the Board of public space, parks, R-O-W, easements or the like on
a plat shall not in itself constitute an acceptance by PBC of any
responsibility to construct or maintain improvements within the dedicated area.
Acceptance of dedications and maintenance responsibility for improvements
within areas dedicated to the Board shall be made as follows:
a. Acceptance of
The recordation of a final plat, subsequent
to the County Engineer's approval of said final plat for recordation, shall
constitute acceptance by the Board of any and all dedications to the Board as
stated and shown on the plat.
b. Acceptance of
Dedications of Real Property
For those dedications
to the Board of real property, including rights-of-way, parks, and other
tracts, an executed deed transferring title to such lands, plus such
title and absence of
encumbrances as required pursuant to PBC policy for acceptance of deeds, shall
be submitted to the County Engineer at the time of submittal of the applicable
Final Plat for recordation. Said deed(s) shall be on a form approved by the
County Attorney, and shall be recorded by PBC subsequent to recordation of the
applicable Final Plat.
c. Acceptance of
Improvements for PBC Maintenance
At such time as the
County Engineer has issued a statement acknowledging completion of the required
improvements and the applicable plat has been recorded, the County
Administrator or the County Engineer, on behalf of PBC, shall accept
maintenance responsibility for the required improvements to streets and to such
other areas dedicated to the Board in accordance with the dedications shown on
said record plat, and shall issue a written statement confirming acceptance of
said maintenance responsibility.
PBC may complete the required improvements,
under the guaranty provided by the developer, when the corresponding plat has
been recorded and the developer fails to complete the required improvements as
required by this Article. In such case, the County Engineer shall call upon the
guaranty to secure satisfactory completion of the required improvements. Notice
of said call shall be deemed upon posting via certified mail. Upon the
completion of such action, the County Engineer shall report to the Board and
the Board may accept by resolution the dedication and maintenance
responsibility as indicated on the plat. In such cases, the remaining guaranty
posted by the developer shall be retained for a period of one year after
completion in lieu of the agreement. Any defects occurring during this period
shall be repaired using funds remaining in the guaranty.
a developer has elected to install the required improvements prior to
recordation of the plat and fails to complete such improvements within the time
limits prescribed in Art.
11.B.5.B, Time of Completion of Required Improvements, all previous approvals applicable to the
proposed subdivision shall be deemed void.
is the purpose of this Subsection to allow for the construction or placement of
structures and plants adjacent to, or over, water bodies within water
management tracts or areas established for associated maintenance access, while
taking measures to ensure that such structures or plants shall not interfere
with the proper functioning of the stormwater management system nor be
otherwise detrimental to the health, safety, welfare, or convenience of the
public or of persons responsible for or affected by a water body within a water
placement or construction of trees, shrubs, or structures within any water
management tract established for purposes of wet detention/retention in an open
water body, or easement or berm adjacent thereto established for purposes of
access for maintenance of the water body or water management tract or
structures and facilities therein is hereby prohibited, except in strict
conformance with the provisions of this Subsection.
Persons desiring to construct bulkheads,
docks, or piers over or along a water body contained within a water management
tract shall apply to the Director of ERM in accordance with the applicable
provisions of Art. 4.B.10,
Excavation Uses. [Ord. 2017-007]
Persons desiring to place trees or shrubs or
construct or place structures within a LME shall apply to the County Engineer.
Approval by the County Engineer shall be required prior to installation when
said planting or construction is to encroach a lake maintenance easement within
a plat for which the associated required improvements have not been
acknowledged as complete, pursuant to the applicable land development permit
11.B.5.G, Acknowledgment of Completion and Maintenance of Required Improvements, or when the County Engineer determines
that there is a continuing PBC or public beneficiary interest in said
easement. Prior to granting such
approval, the County Engineer shall ensure that adequate conditions are
imposed, and appropriate documents are executed and, if appropriate, recorded
to ensure compliance with the provisions of this Subsection and approvals
granted pursuant to this Article. [Ord. 2014-025]
provisions herein shall be applied to required approvals by the County Engineer
for the installation of structures or plantings in, on, or over lake
maintenance easements. The following criteria shall apply to the installation
of such structures and plantings:
a. No structure or above grade construction,
except that which may be easily removed, shall be permitted in lake maintenance
easements. Examples of impermissible structures are houses, garages, screened
enclosures, concrete block walls, concrete decks, affixed permanent sheds, and
pools. Examples of permissible structures are thatch sheds, wood decks, and non
concrete fences, contingent on said structures not being structurally affixed
to the ground;
b. Trees or shrubs shall not be planted, nor
structures placed, in the lake maintenance easement where the planting or
placement of such would obstruct access by equipment to outfalls or water
c. A removal declaration in a form acceptable to
the County Attorney shall be recorded, at the expense of the property owner;
d. The POA consent to the specific structure(s),
tree(s), or shrub(s) shall be required where a POA has responsibility for lake
maintenance. If any other entity has a beneficiary interest in the easement or
a responsibility for lake maintenance, that entity's consent shall be required;
e. Trees or shrubs planted pursuant to this
Subsection shall be limited to those species permitted pursuant to Art. 7.D, Landscape
Standards, and shall not include any portion of the minimum site landscaping
required pursuant to Art. 7C, Landscape Buffer and Interior Landscaping
repair, replacement, or modification, except ordinary maintenance, to any
planting or structure approved pursuant to this Subsection, shall be done only
after being approved as new planting or construction pursuant to this
of lands containing or abutting existing or proposed waters of the State,
including canals, lakes, streams, and wetlands, shall comply with and conform
to the requirements of this Subsection.
Where land within a proposed subdivision
abuts existing or proposed waters of the State, there shall be provided a
floodway or floodplain easement or a drainage R-O-W conforming substantially
with the lines of such watercourse or water body and of such further width or
construction or both as will be adequate for the purpose. Additional easement
or R-O-W width may be required where necessary for maintenance, safety and
convenience. Each required easement and R-O-W shall be deeded or dedicated to
an appropriate public agency. Maintenance responsibility and use limitations
applicable to said easements and rights-of-way, or any facilities placed
therein, shall be in accordance with all applicable permit conditions and shall
be stated or referenced by note on the appropriate plat(s).
proposed dredging or filling affects waters of the State of Florida or
sovereign land, said activities shall be approved by the governing agency
having jurisdiction in such matters. Prior to the construction of any seawall,
bulkhead, dock or pier, a construction permit shall be obtained from the
Building Department in addition to all required permits or expressed exemption
from permitting for construction in waters of the State of Florida.
designs, construction standards, and types of materials which, in the opinion
of the County Engineer, are equal or superior to those specified may be
approved in accordance with this Subsection.
application shall be submitted in a form established by the County Engineer,
prescribed in the Land Development Forms Manual, and made available to the
public. Said application shall be accompanied by written data, calculations and
analyses, and drawings which are necessary to show, by accepted engineering
principles, that the proposed alternates are equal or superior to those
specified, or are necessary due to environmental considerations. Within 45 days
of receipt of such application, the County Engineer shall either approve or
deny the application and shall advise the Developer's Engineer and the
Developer in writing of the decision.
the interest of the preservation of existing trees and other natural features
at the developer's request, or as required by other regulations, the County
Engineer may vary the design and construction requirements upon presentation by
the developer of substantial evidence that environmental conditions will be
enhanced, that proper performance of the approved stormwater management system
will not be impaired, and that safety, stability, and design life of structural
improvements will not be compromised.
The County Engineer
shall adopt and amend, from time to time, the criteria for the certified
boundary survey. At a minimum, the certified boundary survey shall meet the
requirements for boundary surveys established by the Minimum Technical
Standards set forth by the Florida Board of Professional Surveyors and Mappers
in Chapter 5J-17.050-.052, F.A.C., pursuant to F.S.
§472.027. [Ord. 2011-016]
The County Engineer
shall reserve the right to require a certified sketch and legal description in
lieu of a certified boundary survey. The certified sketch and legal description
shall meet the requirements for certified sketches and descriptions set forth
by Chapter 5J-17.050-.052, F.A.C., pursuant to F.S.
§ 472.027, as amended, and the PBC Description Checklist pursuant to
policies and procedures established by the County Engineer and made available
to the public. [Ord. 2011-016]
The certified boundary
survey or sketch and legal description shall not require approval of the Board
prior to recordation. [Ord. 2011-016]
This Section provides
for a means of establishing a rural subdivision, as defined by this Code, in
harmony with the character of surrounding development while meeting the general
purpose and intent of this Article. Due to the rural nature of proposed
development, standard requirements for certain required improvements may be
deemed inappropriate and alternative standards for such improvements may be
approved under this Section.
Upon submission of the
subdivision plan, and an application for a rural subdivision designation, the
DRO may approve the application for election to comply with this
Section. A rural subdivision shall meet
the platting requirement of this Article.
All requirements of
this Article shall apply except that the following required improvement design
options shall be allowed under this Section.
streets may be developed without a wearing surface but shall otherwise conform
to the standards specified by this Article. All other streets of higher
classification, as defined in this Article, shall be constructed to meet or
exceed PBC standards. Streets constructed without a wearing surface shall be
privately maintained and shall not be considered for dedication or acceptance
as public streets until paved, reconstructed and tested, as necessary, to meet
PBC Standards. Costs of maintenance and further development of the local
streets in a rural subdivision shall be borne solely by the owners of the
property within the subdivision. Sidewalks and bike paths shall not be required
when local streets are constructed without a wearing surface. The developer and
any subsequent owner/seller shall fully disclose to the purchaser the method of
payment of costs of maintenance and improvements of local streets developed
without a wearing surface. The developer shall adequately warrant, by recorded
covenant, that PBC will not be liable for cost of maintenance or further
development of local streets constructed without a wearing surface. The method
and form of said disclosures and covenants shall be subject to approval by the
County Attorney, prior to recordation of a final plat for such subdivision.
subdivisions may utilize an individual system in accordance with Art. 11.E.1.A.4,
Rural subdivisions may utilize
an individual system in accordance with Art. 11.E.1.A.5, Potable Water System.
may be installed above ground in rural subdivisions.
The preliminary plat
shall meet the requirements of the Final Plat, except that it shall be
submitted without the required signatures and seals. It may also be submitted
without maintenance and use covenants, condominium documents, deeds, or other
legal documents not related to the boundary survey or engineering design of the
project. [Ord. 2011-016]
The plat shall be
prepared in accordance with the provisions of F.S.
Chapter 177, as amended, and shall conform to the requirements of this
The plat shall be drawn or printed on 24
inch by 36 inch stable base film made by photographic processes from a film
scribing tested for residual hypo testing solution to assure permanency, or
other approved material. [Ord. 2010-022]
plat shall be prepared by a surveyor and mapper, and is to be clearly and
legibly drawn with black permanent drawing ink or veritype process to a scale
of not smaller than one inch equals 100 feet, or as otherwise determined by the
plat shall have a name acceptable to PBC. When the plat is a new subdivision,
the name of the subdivision shall not duplicate or be phonetically similar to
the name of any existing subdivision. When the plat is an addition to or replat
of a recorded subdivision, it shall carry the same name as the existing
subdivision followed by a suitable phase designation or similar modifier, when
plat shall have a title printed on each sheet in bold legible letters
a. The name of the subdivision, printed above
and in letters larger than the balance of the title;
b. The name of the County and State;
c. The section, township and range as applicable
or if in a land grant, so stated;
d. When the plat is a replat of or addition to
an existing plat of record, the words "section", "unit",
"replat", etc.; and
e. When the plat encompasses lands in a planned
unit development, the abbreviation "PUD". Likewise, all other planned
developments shall contain the appropriate abbreviation for such designation
within the title.
shall be lettered or printed upon the plat a full and detailed description of
the land embraced in the plat. The description shall show the section, township
and range in which the lands are situated or if a land grant, so stated, and
must be so complete that from it without reference to the map the starting
point can be determined and the boundaries run.
more than one sheet is required for the map, the plat shall contain an index
map on the first page, showing the entire subdivision and indexing the area
shown on each succeeding map sheet. Each map sheet shall contain an index
delineating that portion of the subdivision shown on that sheet in relation to
the entire subdivision. When more than one sheet must be used to accurately
portray the lands subdivided, each sheet must show the particular number of
that sheet and the total number of sheets included, as well as clearly labeled
match lines between map segments.
plat shall show the length of all arcs together with central angles, radii, and
points of curvature. Centerlines shall include chord and chord bearing to the
above mentioned. Sufficient survey data shall be shown to positively describe
the boundary of each lot, block, R-O-W, street, easement, and all other areas
shown on the plat and all areas shall be within the boundary of the plat as
shown in the description. The plat shall also include the following items in
the manner described below:
a. The scale, both stated and graphically
illustrated, shall be shown on each sheet;
b. A prominent north arrow shall be drawn on
every sheet included showing any portion of the lands subdivided. The bearing
or azimuth reference shall be clearly stated on the face of the plat in the
notes or legend;
c. The point of beginning shall be boldly shown
together with the letters "P.O.B." in bold letters;
d. All intersecting street lines shall be joined
to form required corner clips pursuant to PBC standards, and all dimensions
shall be shown;
e. All adjoining property shall be identified by
a subdivision name, plat book and page or, if unplatted, the land shall be so
f. Permanent reference monuments shall be shown
in the manner prescribed by F.S.
Chapter 177, as amended or as otherwise required by the County
Engineer. All information pertaining to
the location of "P.R.M.s" shall be indicated in note form on the
plat. Permanent Control Points, Permanent Reference Monuments, and Monuments
shall be designed and set as prescribed by F.S.
Chapter 177, as amended or as otherwise required by the County
Engineer. It is the responsibility of
the surveyor and mapper to furnish the Clerk and Comptroller of Palm Beach
County with their certificate that the “P.C.P.s” and all monuments according to
§177.091(9), have been set and the dates said “P.C.P.s” and monuments were
set; [Ord. 2010-022]
g. There shall be reserved on each sheet of the
plat a three inch by five inch space in the upper right hand corner to be used
by the Clerk and Comptroller of Palm Beach County for recording information and
each sheet shall reserve three inches on the left margin and a half inch margin
on all remaining sides; [Ord. 2010-022]
h. The map shall mathematically close within
0.01 foot and shall be accurately tied to all PBC or reestablished township,
range and section lines occurring within the subdivision by distance and
bearing; [Ord. 2010-002]
i. The initial point in the description shall
be accurately tied to the nearest quarter section corner or section corner or
government corner. Each government corner being used shall be identified. If
the subdivision being platted is a re-subdivision of a previously recorded
subdivision, then a tie to a Permanent Reference Monument from the parent plat
is sufficient. If the subdivision is a re-subdivision of a part of a previously
recorded subdivision, sufficient ties to controlling lines appearing on the
parent plat must be provided to permit an overlay. The position and orientation
of the plat shall conform to the Florida State Plane Coordinate System in the
manner established by the County Engineer and prescribed in the Land
Development Forms Manual; [Ord. 2010-022]
j. The cover sheet or first page of the plat
shall show a vicinity sketch, showing the subdivision's location in reference
to other areas of PBC; [Ord. 2010-022]
k. A complete legend of abbreviations shall be
l. All lettering on the plat shall be at a
minimum 0.10 of an inch in height;
m. The plat boundary and all parcels shown on
subdivision plats intended to be conveyed in fee title shall be delineated by
n. Lines intersecting curves shall be noted as
radial or non-radial as the case may be;
o. A note addressing any abandoned underlying
lands or easements, including record information, shall be shown; and
p. Tabulation of Survey Data:
1) The use of tangent tables is not permitted.
However, at the discretion of the County Engineer on a case by case basis, the
use of a tangent table to reflect corner clip
chords, centerline chords, and chord bearings may be permitted if deemed
necessary to meet requirements of neatness and clarity of the plat. Scale
factors shall not be considered. Such tables, when permitted, must appear on
the map sheet to which they refer and tangents shall be numbered consecutively
through the entire presentation.
The possible exception
noted above shall be limited to use on plats and shall not be carried into any
other survey documents submitted for approval to the County Engineer.
2) Curve data may be tabulated subject to the
following conditions or exceptions:
a) External boundary data may not be tabulated;
b) Where data is tabulated, a minimum of the arc
length and the curve designation number or letter will be shown on site; and
c) Curve tables reflecting the tabulated data
will appear on the map sheet on which the curves appear.
lot and block shall be numbered or lettered. All lots shall be numbered or
lettered by progressive numbers or letters individually throughout the
subdivision or progressively numbered or lettered in each block. Blocks in each
incremental plat shall be numbered or lettered consecutively throughout a
plat shall show the name of each street as shown on the Final Subdivision Plan
and conforming with Art. 11.E.2.A.20, Street Names.
included or excepted parcels must be marked "not a part of this
plat". Where a not included parcel is completely surrounded by areas
included within the plat, sufficient easements or rights-of-way to provide
necessary access, utilities, and drainage to the not included parcel shall be
provided. No parcel of land shall be reserved by the owner unless the same is
sufficient in size and area to be of some particular use or service. The
intended use of all reserved areas shall be shown on the plat in note form on
the cover sheet.
street, R-O-W, and easement widths and dimensions shall be shown on the plat.
Easements are to be tied at both ends at intersecting boundary, lot, or R-O-W
lines. The plat shall show the name, location and width of all existing or
recorded streets intersecting or contiguous to the boundary of the plat,
accurately tied to the boundary of the plat by bearings and distances.
and use covenants, as required by Art. 5.F.1,
Maintenance and Use Documents,
shall be submitted with the Final Plat and approved by the County Attorney
prior to recordation of the Final Plat. All areas of the plat that are not to
be sold as individual lots and all easement shall be dedicated or reserved in
accordance with the terms of the maintenance and use covenants, and their
purposes shall be clearly stated on the plat.
All streets and their related facilities
which are designed to serve more than one lot or dwelling unit shall be
dedicated to the Board for public use, unless otherwise required or permitted
by this paragraph or elsewhere in this Article. Any street which is to be
reserved, as a private street shall be identified as a tract for private street
purposes. Such street tracts shall be reserved in accordance with Art.
11.D.1.B.15.a, Dedication and Reservation. Private streets may only be
permitted when such streets are subject to a recorded declaration of covenants
subjecting the streets to the jurisdiction and control of all lot owners
deriving access from such streets, their successors and assigns. When parking
areas are required to be constructed by Art.
11.E.2, Access and Circulation Systems, they shall be reserved to and shall be the perpetual maintenance
responsibility of a POA, which association shall have jurisdiction over the
parking area and the lots. Such parking areas shall be clearly identified and
reserved as tracts for parking and access purposes.
plat shall contain a statement that no buildings or any kind of construction or
trees or shrubs shall be placed on any easement without prior written consent
of all easement beneficiaries and all applicable PBC approvals or permits as
required for such encroachment or as otherwise exempted for ZLL maintenance and
overhang easements in accordance with Art.
3.D.2.C.9.c, Maintenance and Roof Overhang Easement. [Ord.
plat shall contain on any of the title pages the following certifications and
approvals, acknowledged as required by law, all being in the form set forth
below. However, the County Engineer's
approval certification and seal shall be contained on the face or first
page. [Ord. 2014-025]
All areas dedicated for
public use shall be dedicated by the owner of the land at the time the plat is
recorded. Such public areas include, but are not limited to: civic sites,
parks, R-O-W for streets or alleys, however the same may be designated;
easements for utilities; R-O-W and easements for drainage purposes; and any
other area, however designated. All areas reserved for use by the residents of
the subdivision shall be reserved by the owner of the land at the time the plat
is recorded. All dedications and reservations shall be perpetual and shall
1) The name of the recipient or beneficiary of
the dedication or reservation (including
successors and assigns);
2) The purpose of the dedicated or reserved
3) The name of the entity responsible for the
perpetual maintenance of the dedicated or
reserved area (including successors and assigns). In the event PBC is
not the recipient or beneficiary of the dedication or reservation, the
statement of maintenance responsibility shall include the phrase "without
recourse to the County."
If so required, certain
dedications or reservations shall grant PBC the right but not the obligation to
maintain. The dedications and reservations shall be executed by all owners
having a record interest in the property being platted. The acceptance on the
plat of the dedications or reservations shall be required of any entity to whom
a dedication or reservation is made, except the Board. All dedications,
reservations, and acceptances shall be executed in the same manner in which
deeds are required to be executed according to Florida Statutes.
Although the term
"dedication" is meant to imply a public use while the term
"reservation" is meant to imply a private use, the terms may
inadvertently be used interchangeably. Inadvertent misuse shall not invalidate
any PBC requirement or plat dedication or reservation.
Consent and Approval
All mortgages along with the mortgagee's
consent and approval of the dedication shall be required on all plats where
mortgages encumber the land to be platted. The signature(s) of the mortgagee or
mortgagees, as the case may be, must be witnessed and the execution must be
acknowledged in the same manner as mortgages are required to be witnessed and
acknowledged. The form for the mortgagee's consent shall be as prescribed in
the Land Development Forms Manual.
of Surveyor and Mapper
The Final Plat shall
contain the signature, registration number and official seal of the surveyor
and mapper, certifying that the plat is a true and correct representation of
the land surveyed under his responsible direction and supervision and that the
survey data compiled and shown on the plat complies with all of the
requirements of F.S.
Chapter 177, as amended, and this Article. If the surveyor and mapper is
part of a legal entity, the name, address, and certificate of authorization
number of said entity shall be shown. The certification shall also state that
permanent reference monuments ("P.R.M.s") have been set in compliance
Chapter 177, as amended, and this Article. When the permanent control
points ("P.C.P.s") and monuments according to F.S.
§177.091(9), are to be installed after recordation, the certification shall
also state that the "P.C.P.s" and said monuments will be set under
the direction and supervision of the surveyor and mapper under the guaranty
posted for required improvements within the plat. When required improvements have
been completed prior to the recording of a plat, the certification shall state
that "P.C.P.s" and monuments have been set in compliance with the
laws of the State of Florida and ordinances of PBC. The form for the surveyor's
certificate shall be as prescribed in the Land Development Forms Manual. [Ord.
Signing and sealing of
the final plat by the County Engineer shall constitute PBC approval of the plat
for recordation. The plat shall contain the approval and signature block for
the County Engineer in the form prescribed in the Land Development Forms
Manual. Upon approval of the plat, the County Engineer shall present the plat
to the Clerk and Comptroller of Palm Beach County for recording. [Ord.
The title sheet of the plat shall contain a
title certification. The title certification must be an opinion of an attorney
at law licensed in the State of Florida, or the certification of an abstractor
or a title insurance company licensed in the State of Florida, and shall state
1) The lands as described and shown on the plat
are in the name, and apparent record title is held by the person, persons or
organizations executing the dedication;
2) All taxes have been paid on said lands as
required by F.S.
Chapter 197.192, as amended;
3) All mortgages on the land are shown and
indicated by their official record book and page number; and
4) There are no encumbrances of record on said
lands that would prohibit the creation of the proposed subdivision.
The form for the title
certification shall be as prescribed in the Land Development Forms Manual.
5) All Palm Beach County special assessment
items and all other items held against said lands have been satisfied. [Ord.
Surveyor and Mapper
The name and address of
the natural person who prepared the plat shall be shown on the plat in the form
prescribed in the Land Development Forms Manual.
Areas to be subdivided
for the purpose of a mobile home, recreational vehicle or manufactured housing
development shall also comply with this subsection. Except as to the lots
indicated for other purposes, the dedications and reservations on the plat of a
mobile home subdivision shall include the following additional provisions or
wording equal thereto: "Said owner(s) hereby reserve(s) the lots shown on
the plat exclusively for mobile home, recreational vehicle, or manufactured
housing, parking and uses incidental thereto, and, except as to these lots,
mobile home or trailer parking is prohibited elsewhere." Areas indicated as parks or playgrounds are
to be reserved for the use of the owners of the lots shown on the plat.
Except when waived
pursuant to Art.
11.A.8.E, Exceptions to Installation of Improvements Requirement, the improvements set out herein shall be
the minimum required improvements for all subdivisions in order to provide the
physical improvements necessary to implement certain performance standards,
objectives and policies of the Capital Improvements Element and other elements
of the Plan. These required improvements shall be installed prior to
recordation of the corresponding plat or certified boundary survey unless the
developer furnishes a guarantee assuring their installation in accordance with
the provisions of this Article. Except as provided in this Section, the cost of
all required improvements shall be guaranteed.
[Ord. 2011-016] [Ord. 2014-025]
All streets and required sidewalks, and,
when required under Art.
11.E.2, Access and Circulation Systems, parking areas shall be constructed by the developer in accordance with
the design and construction requirements of Art.
11.E.2, Access and Circulation Systems. The guaranty for these
requirements shall be as follows:
a. The cost of installing all street
improvements shall be guaranteed.
b. The cost of installing parking areas need not
be guaranteed since the plat establishes legal access and such areas are
required to be installed prior to issuance of the Certificate of Occupancy
c. The cost of installing all sidewalks and
paths pursuant to the approved pedestrian circulation system shall be
guaranteed, except that the required guarantee may be waived by the County
Engineer for portions of local streets abutting residential lots when the
paving, grading and drainage plans contain a note, acceptable to the County
Engineer, stating that such sidewalks or paths will be constructed concurrent with
construction of the dwelling unit for such abutting lot. Installation of
sidewalks and paths in streets abutting open space, common areas, recreation
areas, water management tracts, and other areas which will not have a dwelling
unit constructed thereon shall be guaranteed.
The developer shall grade and fill the land
pursuant to Art.
11.E.3, Clearing, Earthwork, and Grading.
The developer shall install the secondary
and tertiary stormwater systems for the development in accordance with Art.
11.E.4, Stormwater Management. On lots intended for building construction,
the final grading of each lot, consistent with Art.
11.E.4, Stormwater Management,
or the applicable approved grading plan, shall be done in conjunction with and
pursuant to the building permit for said construction.
The developer shall install the required
wastewater collection and/or disposal system for the development in accordance
with Art. 11.E.5,
developer shall install the required potable water distribution system for the
development in accordance with Art.
11.E.6, Potable Water Systems.
The developer shall satisfy the requirements
for underground installation of utility services and for utility site location,
when applicable, of Art. 11.E.7,
The developer shall comply with the
requirements of Art. 11.E.8,
Fire-Rescue Services. The cost of installing the required hydrants
may be included in the cost for the central water system.
The developer shall install all required
permanent control points in accordance with Art.
11.E.9, Subdivision Design and Survey Requirements. When the permanent control points are to
be installed after plat recordation, the cost of installing permanent control
points shall be guaranteed.
The design of the
required improvements shall be in accordance with acceptable engineering
principles. The design and construction of required improvements shall, at a
minimum, be in accordance with current PBC standards, including those contained
in this Article. Should the developer elect to provide improvements of a type
or design proposed to equal or exceed the minimum requirements, standards for
design and construction of such improvements shall be evaluated for adequacy on an individual
basis. All such alternatives shall be submitted for approval by the County
Engineer in accordance with Art. 11.B.6.C,
Alternate Design Construction Standards, and Types of Material.
All streets, required
alleys, and related facilities required to serve the proposed development shall
be constructed by the developer. Construction shall consist of, but not be
limited to, grading, base preparation, surface course, and drainage. All
streets, whether intended for dedication to the BCC or reservation for private
use and maintenance, shall be constructed to the minimum standards established
by this Article and PBC standards. Additionally, the developer shall construct
any parking tracts which provide access to any lots that do not have direct,
primary access from a local street or residential access street. Construction
of such parking tracts shall be completed prior to issuance of any CO for any
dwelling unit located on a lot served by such parking tract. Construction of
the parking tract may be done in conjunction with building construction on the
lot the tract is to serve provided, however, that such construction shall be
noted on the approved paving, grading and drainage plans in a form acceptable
to the County Engineer. When the parking tract is to be completed in
conjunction with building construction, the developer shall execute a
certificate of compliance on a form approved by the Building Director prior to
issuance of the CO for any dwelling unit or building served by such parking
tract. Said certificate of compliance shall state that the parking tract was
completed in accordance with the requirements of Art. 6.A, Parking.
is hereby established a hierarchy of legal access as shown on Table
11.E.2.A-1, Chart of Access Hierarchy. Except as provided below, each lot shall abut a street of suitable
classification to provide said lot with legal access consistent with the
standards set forth in Table
11.E.2.A-2, Chart of Minor Streets.
a. A 32-foot Residential Access Street may, with
prior approval by the County Engineer, be utilized for legal access to a group
of not more than four abutting lots where said lots would otherwise have no
reasonable means of obtaining direct access to or required frontage on an
adjacent street. Said residential access street shall be delineated and
reserved on the applicable plat for purposes of perpetual access to the lots
served. [Ord. 2014-025]
b. A common parking lot may be utilized for
legal access to individual lots created by subdivision of a shopping center or
similar building site developed solely for commercial or industrial uses where
all lots within the boundary of such subdivision are served by said access and
are subject to recorded shared access, maintenance, and use covenants approved
by the County Attorney pursuant to Art. 5.F.1,
Maintenance and Use Documents. Where
such access is utilized, direct lot access on any street adjacent to the
boundary of the subdivision shall be prohibited except at common access points
approved for the subdivision as a whole.
c. Traditional Development Districts shall
utilize special access streets as defined in Art. 3.F, Traditional
Development Districts (TDDs).
proposed street layout shall be integrated with PBCs traffic circulation
network, and shall be coordinated with the street system of the surrounding
area. Streets shall be classified and designed in accordance with the
Transportation Element of the Plan, Table
11.E.2.A-2, Chart of Minor Streets, as applicable and PBC standards.
Consideration shall be given to:
a. The need for continuity of existing and
b. Barriers imposed by topographical conditions
and their effect on public convenience or safety;
c. The proposed use of the land to be served by
d. The need for continuation of existing local
streets in adjoining areas not subdivided;
e. The proper projection of non-plan collector
and plan collector streets;
f. The feasibility of extending the proposed
street system to the boundary of the proposed subdivision to promote reasonable
development of adjacent lands and to provide continuity of street systems; and
g. Discouraging through traffic in the design of
local and residential access streets.
a lot has two frontage lines, legal access to the lot shall be restricted as
Where a lot abuts both
a street of non-plan collector or higher classification and a local street,
access to said lot shall be by the local street. [Ord.
Where a lot abuts
streets of local or higher classification, access to the lot shall be by the
street of lower classification, unless otherwise permitted by this Code;
provided, however, that access shall not be permitted on a local residential or
residential access street as prescribed on Table
11.E.2.A-2, Chart of Minor Streets or Table 11.E.2.A-3, MGTS Cross Section
Streets, as applicable.
Construction in muck or clay areas shall be
done in accordance with PBC Standards.
The centerline intersections of local or
residential access streets with non-plan or plan collector streets shall be
spaced a minimum distance of 200 feet, as measured along the centerline of the
collector street, or as otherwise required by the County Engineer. Connection of local streets to arterial
streets may be permitted by the County Engineer only where other access is
unavailable. Local street connections with centerline offsets of less than 125
feet are prohibited, unless the offset is to allow through lanes to align and
is approved by the County Engineer. [Ord. 2014-025]
Through traffic shall
be directed along non-plan collector streets within the subdivision. Local
streets shall be laid
out to accommodate local or neighborhood traffic and to discourage their
by through traffic.
When a subdivision borders on or contains a
railroad R-O-W, a street approximately parallel to and on each side of such
right of way may be required at a distance suitable for an appropriate use of
the intervening land.
Alleys may be allowed
in subdivisions when they are necessary, in the opinion of the County
for the safe and convenient movement of traffic and pedestrians. Alley
intersections and sharp changes in alignment shall be avoided and alleys shall
be constructed in accordance with the following:
Alleys shall be paved ten feet wide in a
minimum 12 foot R-O-W, with appropriate radii for the intended use.
and Industrial Areas
Alleys shall be paved
18 feet wide in a minimum 20-foot right of way, with appropriate radii for the
or culverts shall be provided as necessary to facilitate the proposed vehicle
and pedestrian system. The bridge or culvert requirement is subject to approval
by the agency having jurisdiction over the facility being crossed. Bridges
shall be designed in general accord with the current Department of
Transportation practices and shall include planning for utility installation.
They shall be reinforced concrete, unless, other low maintenance materials are
approved by the County Engineer. Bridges shall have a clear roadway width
between curbs two feet in excess of the pavement width in each direction, and
shall have sidewalks six feet wide on each side. All bridge structures shall be
designed for HL-93 and all Florida Legal loads, incorporating adequate
corrosion protection for all metal work and erosion protection for associated
shorelines and embankments. [Ord. 2014-025]
markers shall be provided at each intersection in the type, size and location
required by the current PBC Standards. Street name signs shall carry the street
name shown on the plat of record and shall be in compliance with the current
developer shall install traffic control devices and, where warranted, traffic
signals on roads within and interfacing with the subdivision. A traffic impact
analysis meeting the approval of the County Engineer shall be used to assist in
establishing the need for such signals.
Markings or Lane Delineators
and/or lane delineators meeting the requirements of PBC shall be installed on
all arterial and collector streets. Pavement markings or delineators may be
required on other streets such as project entrances, as determined by the
The design of traffic
control devices shall be in accordance with the Manual for Uniform Traffic
Control Devices and applicable the PBC Standards.
Pavement widths for streets shall be in
accordance with Table
11.E.2.A-2, Chart of Minor Streets or Table 11.E.2.A-3, MGTS Cross Section
Streets, as applicable.
streets shall be designed and constructed with an appropriate terminal
turnaround in accordance with the PBC Standards. Dead-end streets shall not
exceed 1320 feet in length, except where natural geographic barriers exist
necessitating a greater length.
construction shall consist of, at a minimum, a sub grade, base and wearing
surface. All materials and construction shall be in accordance with the current
unpaved shoulders shall be constructed and grassed in accordance with the PBC
standards. Grassing, with seed and mulch or with solid sod, as required, shall
be completed prior to acknowledgment of completion of the required improvements
by the County Engineer. No time extensions to any contract for the construction
of required improvement will be granted on the basis of incomplete shoulder
longitudinal grade of street pavement shall be parallel to the design invert
slope of the adjacent roadside drainage swale or gutter. Minimum longitudinal
and transverse grades shall be in accordance with PBC standards. Street grades
shall be shown on the construction plans by indicating the direction and
percent of slope. The horizontal distance along the centerline between, and
pavement elevation at all points of vertical intersection shall also be shown.
which do not meet the design and constructions standards of this Article and
the PBC Standards shall not be permitted except where satisfactory assurance is
provided for dedication of the remaining part of the street or reconstruction
of the street in accordance with current standards. Whenever a tract to be
subdivided abuts an existing partial street, the other part of the street may
be required to be dedicated and constructed within such tract. A proposed
subdivision that includes an existing street which does not conform to the
minimum street width requirements of these regulations shall provide for the
dedication of additional land for such street along either one or both sides of
said street so that the minimum cross section dimension requirements of these
regulations can be met. PBC shall not accept non-conforming streets for
ownership or maintenance through the procedures established by this Article.
access easements five foot in width may be required along non-plan collector
streets and major streets in order to control access to such streets from
abutting property, when necessary. Easements for controlling access to local
and residential access streets may also be required by the County Engineer in
order to ensure continued control of access to such streets from abutting
property. All limited access easements shall be conveyed or dedicated to
PBC. [Ord. 2013-001] [Ord. 2014-025]
streets which are in alignment with existing named streets should bear the name
of the existing street. All street names shall have a suffix and in no case,
except as indicated in the preceding sentence, should the name of the proposed
street duplicate or be phonetically similar to existing street names. All
proposed street names shall be submitted to the Executive Director of the PZB
for approval prior to submittal of the Final Subdivision Plan application.
Streets shall be laid out to intersect as
nearly as possible at right angles.
Intersections involving the junction of more than two streets shall be
prohibited. The point of curvature of any local street or residential access
street shall not be closer than 100 feet to any intersection, measured along
the centerline from the extension of the intersecting street lines unless the
Engineer of Record provides documentation assuring adequate safe sight distance
is provided as prescribed in the most recent FDOT or the Florida "Green
Book".. Reverse curves shall be prohibited. Reversals in alignment shall
be connected by straight tangent segment at least 50 feet in length. All
intersections shall be designed to provide at least the minimum stopping and
turning sight distances, in accordance with criteria prescribed in the most
recent edition of the FDOT Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways. When the centerline of a
local street deflects by more than ten degrees, it shall be curved with a
radius adequate to assure safe sight distance and driver comfort. [Ord.
street lighting is installed it shall be maintained by a POA and said
association should not be created exclusively for the purpose of maintaining
street lighting. Unless street lighting installation conforms to the standards
of the requisite utility company, street lights shall be placed outside of
R-O-W, road tracts, or any other areas designated for road purposes. Streets
lighting shall be wired for underground service except where aerial service is
permitted pursuant to Art.
11.C.1.C, Exceptions to Requirements, or Art. 5.C, Design
strips which are part of a public street may not be utilized for any purpose
other than by PBC or public utility. However, a developer or property owner may
install landscaping in a median strip or within shoulders in accordance with
requirements as established by the County Engineer pursuant to the PBC
Streetscape Standard Manual. [Ord. 2014-025]
entranceways consisting of signs, walls, fences, gates, rock piles or other
entrance features are not permitted within the median strip or other areas in a
public street. Decorative entranceways must be constructed in compliance with
applicable PBC codes and placed so as not to constitute a traffic hazard. [Ord.
A guardhouse, located
so as not to create a traffic hazard, may be constructed in the median of an
entrance to a subdivision having only private streets. The minimum setback to a
guardhouse shall be 150 feet, measured from the extension of the intersecting
street lines, unless waived by the County Engineer. Two lanes shall be required
on each side of the median in the area of the guardhouse.
Table 11.E.2.A-1 - Chart of Access
STREETS: Streets which constitute the traffic
circulation network as contemplated under the Comprehensive Plan. Listed from
highest to lowest category:
STREETS: Streets which constitute the internal
circulation network of a development and which are not classified as a MAJOR
STREET. Listed from highest to lowest category.
ACCESS (private streets
(secondary access only)
11.E.2.A-2 - Chart of Minor Streets
Residential Access (e)
No Sidewalk (f)
An 'x' under the commercial or residential column indicates the
corresponding street classification is allowed as legal access.
Street width refers to standard R-O-W or private street tract width.
Pavement width represents two travel lanes of equal width and does not
include the additional width of paved shoulder where required.
Streets within a rural subdivision shall be at least 60 feet wide when
they are to be constructed without a wearing surface.
Use is restricted to private streets providing access to townhouse and
zero lot line units within a Planned Development district.
Use is restricted to private streets providing access to up to four
lots. [Ord. 2014-025]
11.E.2.A-3 - MGTS Cross Section Streets
Collector-Exurban/Rural/Ag Reserve Tiers
Plan Collector-Urban/Suburban Tier
Plan Collector-Exurban/Rural/Ag Reserve Tiers
Commercial-All Tiers (f)
Residential-All Tiers (f)
under the commercial or resident column indicates the corresponding street
classification is allowed as.
width refers to standard R-O-W or private street tract width.
width and does not include the additional width of paved shoulder, where
required, or parking.
within a rural subdivision shall be at least 60 feet wide when they are to be
constructed without a wearing surface.
for all TDD’s.
as provided in this Section, sidewalks shall be constructed on both sides of
all streets. For frontage roads and
streets with a width of less than 50 feet and greater than 32 feet, a sidewalk
on one side at a minimum dimension of six feet is required. No sidewalk is
required in streets with a width of 32 feet or less. Required sidewalks shall
be constructed by the Developer except as provided in Art.
11.E.1.A.1, Access and Circulation Systems. [Ord. 2014-025]
control, jurisdiction and maintenance obligation of paths not located wholly
within a street and of sidewalks within private streets shall be placed with a
property owners association or an improvement district. Where such control and
maintenance obligation is to be placed with an improvement district, the
district shall expressly accept said obligation upon the plat or by a separate instrument
filed in the Public Records.
circulation is to be accomplished solely by paths constructed outside the
streets, the County Engineer through the DRO may approve a concurrent request
by the developer to reduce local street widths from those required pursuant to Art.
11.E.2.A.2, Minimum Legal Access Requirement, by no more than eight feet if such reduction would neither reduce the
vehicular carrying capacity and safety of the streets nor compromise the safety
of pedestrians. [Ord. 2014-025]
When the block length
exceeds 660 feet, a pathway between streets may be required where deemed
essential by the County Engineer to provide convenient pedestrian circulation
or access to schools, playgrounds, shopping centers, transportation and other
The Developer shall be
required to clear all R-O-W and to make all grades for streets, parking tracts,
lots, and other areas proposed to be developed, compatible with on-site
tertiary drainage patterns established by the approved drainage design.
The Developer shall
remove and replace unsuitable materials, as determined pursuant to Art. 11.A.3.E,
Site Suitability, and Art. 11.B.4.F,
Soils Report. Replacement of unsuitable materials within
streets and proposed public areas shall be satisfactory to and meet with the
approval of the County Engineer, who shall require such soil tests of the
backfill and the underlying strata at the cost of the developer as may be
deemed necessary to ascertain the extent of required removal, suitability of
replacement material, and acceptability of the proposed method of placement.
The following shall be
the minimum required improvement for all developments to implement the level of
protection under the Utilities Element of the Plan.
1. A complete, fully functional
tertiary stormwater drainage system, including necessary lot grading, ditches,
canals, swales, storm sewers, drain inlets, manholes, headwalls, endwalls,
culverts, and other appurtenances, shall be required for the positive drainage
of storm water runoff in conformance with the approved drainage plans.
complete and fully functional secondary stormwater system shall be required in
conformance with the approved stormwater management plan.
means to convey all stormwater discharge from the development site to at least
one point of legal positive outfall shall be provided as an integral part of
the required stormwater management system, including construction of all necessary
conveyance facilities and establishment of appropriate easements for operation
and maintenance of said off-site facilities.
physical and legal means shall be provided to ensure the continued conveyance
of all pre-development flow of surface waters into or through the development
site from adjacent lands. Unless otherwise specified by ordinance, regulation,
or condition of development approval, such conveyance may be accomplished by
incorporating the inflow into the on-site stormwater management system or
diverting the inflow to its pre-development location of outflow from the
development site, including construction of all necessary conveyance facilities
and establishment of appropriate easements to accommodate said inflow.
5. All facilities necessary to
meet requirements for stormwater treatment, off-site discharge control, and
conveyance of existing inflows applicable to that portion of the site under
construction must be in place and operational at the time of commencement of
construction of required improvements, and shall be maintained by the developer
until such time that all required improvements are acknowledged as complete.
Secondary and tertiary
stormwater facilities for each subdivision, and for each lot, street, and other
development site within the subdivision, shall be designed and constructed so
flooding and inundation to a degree consistent with levels of protection
adopted by the Plan for buildings, streets, lots, parking areas, recreational
areas, and open space;
2. Maintain stormwater runoff
rates at levels compatible with safe conveyance and/or storage capacities of drainage
facilities and established legal limits applicable to receiving waters at the
point of discharge;
degradation of water quality and contravention of applicable state water
quality standards in surface and groundwaters receiving stormwater runoff;
facilities for conveyance to legal positive outfall of all allowable discharges
of stormwater runoff from each development site without causing or contributing
to inundation of adjacent lands;
for continued conveyance of pre-development stormwater runoff and surface
waters that flow into or through the development site from adjacent lands;
for long-term, low maintenance, low cost operation by normal operating and
for necessary maintenance of the pre-development range of groundwater levels to
prevent adverse impacts on land uses and water resources of the development
site and adjacent lands; and
percolation, recharge, and reuse of stormwater.
specified by a particular design or performance standard, or approved by the
County Engineer based on justification submitted by the developer's engineer
for an individual case, hydraulic and hydrologic data used in design of
stormwater management facilities shall be based on:
intensity-duration-frequency curves for FDOT-Zone 10;
hyetographs of 24-hour total rainfall as published in SFWMD - Management and
Storage of Surface Waters Permit Information Manual -Volume IV;
quantity (or intensity) vs. time distributions in accordance with those
published by SFWMD or FDOT, or the SCS - Type II (South Florida Modified)
runoff characteristics, such as slopes, available soil storage, runoff
coefficients, ground cover, channelization, and overland flow routing,
applicable to the development site and contributory off-site areas after
complete development has occurred; or
operating tailwater elevations at the outlet of each conveyance or discharge
facility, determined as the maximum hourly average receiving water surface
elevation resulting from a 24-hour duration rainfall with a return period equal
to that of the design storm applicable to the facility, or as otherwise
established by the agency having operational jurisdiction over the receiving
specified by a particular design or performance standard, the 100-year flood
elevation applicable to a development site shall be determined as the highest
base flood elevation specified for the area of development located within zones
designated A, AH, or A1-30 as delineated on the appropriate FIRM;
wind or current driven wave elevation specified for the area of development
located within zones designated V1-V30 as delineated on the appropriate FIRM;
inundation elevation obtained by adding the depth of shallow flooding to the
area-weighted mean pre-development elevation of the area of development located
within zones designated A0 as delineated on the appropriate FIRM;
4. The 100-year inundation
elevation established by SFWMD within specific sub-areas of the C-51 Canal and
C-18 Canal watersheds pursuant to Chapter 40E-41, F.A.C.; or
not otherwise established by Chapter 40E-41, F.A.C., or by a PBC drainage plan
adopted pursuant to the Plan, the maximum inundation elevation resulting from
the total on-site storage of runoff produced by the 100-year, 3-day rainfall
event assuming fully developed site conditions and no discharge of surface
water from the development site.
The tertiary system
shall consist of all drainage features and facilities such as storm sewerage,
swales, gutters, culverts, ditches, erosion protection, and site grading
necessary for the immediate drainage and rapid removal of stormwater from
building sites, streets, and areas of other land uses subject to damage or
disruption by inundation in accordance with acceptable levels of service as
established by the Plan.
In order to provide for
such levels of service, tertiary drainage for lots and buildings shall
the following minimum requirements:
a. The minimum finished floor elevation of the
principal building(s) to be constructed on a lot or portion thereof shall be at
or above the 100-year flood elevation applicable to the building site.
b. Site grading immediately adjacent to the
perimeter of each building shall be sloped so as to drain away from the
c. Each single family residential lot shall be
graded to drain along or within its property lines to the street or parking
area providing immediate access, unless adequate common drainage facilities in
expressed drainage easements with an established maintenance entity are
provided to accommodate alternative drainage grading.
d. Each residential lot with gross area of
one-quarter acre or less shall have a finished grade not lower than the maximum
water surface elevation produced by the three-year, 24-hour rainfall event in
any detention or retention facility receiving stormwater runoff from the lot.
e. Each residential lot with a gross area
greater than one-quarter acre shall have a finished grade as specified in Art.
11.E.4.E.1.d within 20 feet of any principal building site, unless
alternate construction methods such as stemwalls are approved by the County
Engineer. The remainder of the lot shall be graded at sufficient elevation to
ensure that inundation does not persist for more than eight hours following
cessation of the three-year, 24-hour rainfall event, unless such area is
designated for stormwater management purposes and included in an expressed
easement for drainage, floodplain, or the like.
Except as provided in Art. 11.E.4.E.3, Non-Plan Collector Street Drainage, minor streets shall have tertiary drainage
meeting or exceeding the following minimum requirements.
a. The minimum edge of pavement elevation of any
street segment shall be no lower than two feet above the control elevation of
any detention or retention facility receiving runoff from that segment.
b. Roadside swales shall conform to applicable
PBC standards and shall be designed and constructed such that:
1) The flowline gradient is at least 0.30
percent, but not greater than 2.5 percent unless approved erosion protection is
2) The flowline gradient is equal to or slightly
exceeds the longitudinal gradient of adjacent pavement;
3) The water surface elevation of swale flow
resulting from peak runoff based on the three-year rainfall event shall not
exceed the adjacent edge of pavement at any point along the swale run. However,
at least one storm sewer inlet or other acceptable discharge facility shall be
provided for every 600 linear feet of swale, and no single swale run shall
exceed 400 feet to an inlet; and
4) The soil adjacent to each inlet is protected
from local scour by installation of a four-foot wide perimeter apron of sod or
c. Curb and gutter drainage shall conform to
applicable PBC standards and shall be designed and constructed such that:
1) The flowline gradient is at least 0.20
2) The water surface elevation of flow resulting
from peak runoff based on the three-year rainfall event shall not exceed the
adjacent centerline elevation of pavement at any point. However, at least one
storm sewer inlet or other acceptable discharge facility shall be provided for
every 600 linear feet of pavement, and no single gutter run shall exceed 400
feet to an inlet; and
3) Surface flow of runoff across street
intersections is prevented by provision of corner inlets and cross drains or by
grading of gutters to flow away from the intersection.
collector streets shall have tertiary drainage meeting all appropriate
requirements for minor streets except that:
a. Conveyance capacity of road drainage
facilities shall be based on peak runoff resulting from the five-year rainfall
b. The water surface elevation of gutter flow
resulting from peak runoff based on the five-year rainfall event shall not
exceed the adjacent centerline elevation of the outermost travel lane at any
residential parking area serving three or more dwelling units and all
non-residential parking areas shall have a finished grade elevation not lower
than the maximum water surface elevation produced by the three-year, 24-hour
rainfall event in any retention, detention, or conveyance facility receiving
stormwater runoff from the lot. However, where detention or retention is
provided by subsurface exfiltration systems the finished grade shall be no
lower than the maximum storage elevation produced by the five-year, 24-hour
sewerage shall be designed and constructed so as to meet or exceed the
a. Where not otherwise specified, all storm sewer
system capacity design shall, at a minimum, provide for conveyance of peak
inflow from the applicable catchment, based on the three-year rainfall event,
such that the hydraulic gradient elevation does not exceed the grate or cover
elevation at any inlet or manhole under tailwater conditions pursuant to Art.
b. Inlet times assumed for determining required
street drainage system capacity shall not exceed ten minutes, unless adequate
justification for use of longer times is submitted.
c. Storm sewer pipe shall have a nominal
diameter of not less than 15 inches, or equivalent oval pipe size. However, for stormwater sewerage systems to
be maintained by PBC, storm sewer pipe shall have a nominal diameter of not
less than 18 inches, or equivalent oval pipe size, unless otherwise approved by
the County Engineer. The storm sewer
pipe minimum diameter size may be reduced when the pipe is not within a right
of way or residential access street, subject to County Engineer approval. [Ord.
d. Storm sewerage shall be designed to attain
design flow velocities of not less than two and one half feet per second in all
pipe runs serving two or more inlets, nor greater than ten feet per second in
any pipe run.
e. A suitable access structure such as a manhole,
junction box, or inlet must be installed at each junction or change in pipe
size, slope, or direction.
f. The maximum pipe run between access
structures shall be:
1) 300 ft. for 15" and 18" pipe
2) 400 ft. for 24" - 36" pipe
3) 500 ft. for 42" and larger pipe.
g. All pipe used in the storm sewer system shall
be either reinforced concrete or metal, or as otherwise approved by the County
Engineer, and covered by and conforming to current ASTM, AASHTO, or ANSI
standard specifications for materials and fabrication of barrel and joints, and
shall meet current FDOT standard specifications and policies applicable to the
intended use. [Ord. 2011-001]
h. Concrete pipe shall have gasket joints.
i. Metal pipe shall not be used beneath
pavement within a street. [Ord. 2013-001]
j. Drainage pipe shall be fitted with
headwalls, endwalls, inlets and other appropriate terminating and intermediate
structures. Structure design shall meet or exceed FDOT standard specifications
and policies applicable to the intended use.
The secondary system,
including all facilities and appurtenant structures for detention, retention,
discharge, and conveyance to legal positive outfall, shall be designed and
constructed to provide the degree of treatment and control of all stormwater
runoff discharged from a development site necessary to meet the requirements of
the agency having jurisdiction over receiving waters at each point of legal
addition to requirements expressly stated herein:
a. Secondary facilities for development subject
to permitting by individual or general permit from SFWMD pursuant to Chapters
40E-4, 40E-40, or 40E-41, F.A.C., shall meet all requirements for issuance of
the applicable permit; and
b. Secondary facilities for each residential,
commercial, and industrial development exempt from SFWMD permitting pursuant to
Chapter 40E-4, F.A.C., except an individual residential lot containing not more
than two dwelling units, shall be designed and constructed on site, or
otherwise be provided through authorized connection to off-site secondary
facilities, so as to limit the discharge rate at the point of legal positive
outfall to not more than the peak runoff rate produced by the site under
pre-development conditions for both the three-year, one-hour and the 25-year,
72-hour rainfall events, and either:
1) Detain the greater of the first one inch of
runoff or the total runoff from the three-year, one-hour rainfall event; or
2) Retain the initial portion of runoff in an
amount equal to one-half of that required to be detained.
discharge of stormwater runoff resulting from rainfall up to and including the
25-year, 72-hour event shall take place from a development site except by means
of one or more approved control structures, other than those existing inflows
from off-site for which separate, approved means of conveyance through the site
have been provided. Further, the
overflow weir within the approved discharge structures shall be set with an
invert at the 25-year, 72 hour event unless otherwise permitted by the
authority having jurisdiction over the property's point of legal positive
outfall. [Ord. 2014-025]
for conveyance of discharge to each point of legal positive outfall shall be
designed and constructed with adequate capacity to accommodate the combined
flow from the applicable discharge structure(s) and all inflows from other
contributory areas resulting from the 25-year, 72-hour rainfall event without
overflow to adjacent lands.
where bulk heading is approved in accordance with Art. 4.B.10, Excavation Uses,
each wet detention/retention facility designed for storage of stormwater runoff
in an open impoundment shall have: [Ord.
a. Side slopes no steeper than four(H): one(V)
extending to a depth of at least two feet below the design control elevation;
b. Side slopes no steeper than two(H): one(V)
from two feet below control elevation to the bottom of the facility; and
c. For properties requiring a Land Development
Permit in accordance with Article
11.B.2, Land Development Permit, a continuous berm, at least 20 feet wide
with a cross-slope no steeper than eight (H): one (V), graded adjacent to the
shoreline. Where said berm abuts any residential lot, it shall be graded at an
elevation not lower than the maximum design water surface elevation resulting
from the three-year, 24-hour rainfall event. Along portions of the impoundment
where the design water surface is less than 40 feet wide at control elevation a
berm shall be required on only one side, provided that adequate legal and
physical access is established from a minor street to each separate segment of
the remaining berm. [Ord. 2014-025]
detention/retention facilities designed for storage in open impoundments shall
have side slopes no steeper than four(H): one(V).
normally exposed side slopes and maintenance berms of open impoundments shall be
fully grassed or otherwise protected from erosion.
piped inlet to an open impoundment shall have a concrete or sand-cement rip-rap
endwall designed and constructed with suitable foundation for installation on
the slope or bed of the impoundment as applicable. However, the endwall may be
eliminated on inlets to wet detention impoundments where the pipe is installed
with the crown at least two feet below the control elevation and with the pipe
invert protruding at least two feet beyond the side slope.
runoff from pavement, roofs, and unpaved areas of compacted soil surfaces with
no significant vegetative cover shall be directed over grassed, pervious soil
surfaces as diffused flow prior to entering wet detention/retention facilities
or dry detention facilities in order to promote infiltration, particulate
deposition, nutrient removal, and interception of debris or other undesirable
materials which may overload, pass through, cause nuisance conditions in, or
increase maintenance needs of said facilities.
order to protect against overdrainage of surrounding lands, no control
elevation shall be lower than the pre-development average annual mean water
table elevation of the detention facility site.
In areas with variable water table elevations, the County Engineer may
require soil testing or additional information to determine onsite water table
elevations. [Ord. 2014-025]
10. A perimeter berm with a top elevation equal to
or greater than the stage for the onsite 25-year, 72-hour event shall be
provided onsite within a minimum of 3 feet from the property line such that all
required grading occurs onsite unless written approval is obtained from
abutting property owners. Perimeter
berms established onsite greater than 3 feet from the property line shall
include drainage provisions to prevent offsite stormwater discharge. [Ord.
11. If exfiltration trench is utilized for onsite
water storage, the County Engineer may require stormwater stage calculations
for the relationship between the exfiltration trench and rising water
table. [Ord. 2014-025]
1. Each secondary system facility
for detention or retention of stormwater runoff in an open impoundment shall be
placed entirely within a water management tract dedicated or deeded to an
acceptable entity responsible for operation and maintenance of the stormwater
as otherwise provided pursuant to this Article, there is hereby required around
each water management tract established for purposes of wet detention or
retention in an open impoundment a lake maintenance easement a minimum of 20
feet in width and graded at a slope no steeper than eight (H): one (V),
coinciding with the required maintenance berm. The width of the easement shall
be measured from the point at which the grade is not steeper than eight (H):
one (V). Lake maintenance from an abutting local street may be permitted by the
County Engineer in accordance with good engineering practices. Access to a lake
maintenance easement from at least one minor street shall be established as
part of said easement or, when necessary, by separate express easement or other
instrument of record. A lake maintenance easement shall be required on only one
side of the water body or water management tract where the water surface at
control elevation does not exceed 40 feet in width; provided, however, that
elimination of said easement does not isolate any remaining lake maintenance
easement from proper access. If the water surface at the control elevation is
greater than 40 feet wide, a lake maintenance easement shall be required on
both sides. No lake maintenance easement shall be required behind bulkheads;
provided, however, an easement not less than ten feet in width shall be
provided behind bulkheads where necessary to provide access to outfalls and,
further, that elimination of said portion of lake maintenance easement does not
result in isolating any remaining lake maintenance easement from required
access. In residential subdivision, lake maintenance easements, including
required access, shall be established over common areas only, and shall not
encroach residential lots.
3. Easements shall be provided where necessary
at a width adequate to accommodate the stormwater management facilities. A
minimum width of 12 feet shall be provided for underground storm drainage
installations. Where swales are used, the width shall be adequate to
accommodate the entire design section between tops of slope. Where canals or
ditches are permitted, the width shall be adequate to accommodate drainage
facilities plus 20 feet on one side for maintenance purposes. Drainage
easements shall be provided to accommodate existing drainage of surface waters
from off-site contributory areas. When a subdivision is traversed by existing
canals, watercourses, streams, drainage ways or channels, there shall be
provided a drainage easement or R-O-W conforming substantially with the lines
of such watercourse and of such further width or construction or both as will
be adequate for access, maintenance, and floodplain purposes.
When the finished lot
grading required by Art.
11.E.4.E.1, Lot and Building Site Drainage, Art. 11.E.4.E.4, Parking Tract and Parking Area Drainage, is to be completed in conjunction with
building construction, prior to issuance of the Certificate of Occupancy the
developer shall submit to the Building Director a Certificate of Compliance
from a State of Florida registered professional surveyor and mapper, engineer,
or landscape architect. Such statement shall be in a form approved by the
Building Department and shall state that lot grading was done in accordance
with either the approved grading plan for the subdivision or, in the absence of
such plan, in accordance with the applicable requirements of Art.
11.E.4.E.1, Lot and Building Site Drainage, and Art.
11.E.4.E.4, Parking Tract and Parking Area Drainage. [Ord.
Except in rural
subdivisions, or where otherwise approved pursuant to Art. 11.E.5.B.2, a sewage collection/transmission system
with appropriate service connection to each lot shall be provided for
connection to a central sewer system. Such system shall be designed and
installed in accordance with the Department of Environmental Protection (DEP)
requirements, applicable permits or approvals obtained from the utility
responsible for the central sewer system, and the appropriate permits secured
from the PBCHD.
rural subdivisions, a septic tank system is an acceptable method of sewage
disposal for each lot, when permitted by the PBCHD as per the standards
prescribed in Art.
15.A, (ECR I)- Onsite Sewage Treatment
and Disposal Systems.
subdivisions other than rural subdivisions, and in which each lot has an area
of at least one acre, a septic tank system is an acceptable method of sewage
disposal for each lot, conditioned upon the following:
a. The subdivisions maximum build-out is 20
b. The applicable central wastewater system
Utility Service Provider approving the use of septic tanks, based upon the
Utilities determination that provision of central wastewater service to the
subdivision would require all of the following:
1) the installation of a wastewater lift station
and force main; and
2) the installation of more than half a mile of
wastewater force main from an existingavailable public wastewater collection
system to the nearest boundary of the subdivision;
c. The PBCHD permitting the use of septic tanks
per the standards prescribed in Art.
15.A, (ECR I)-Onsite Sewage Treatment and Disposal Systems.
Except in rural
subdivisions, a potable water distribution system with appropriate service
connection to each lot shall be provided for connection to a central water
system. Such system shall be designed and installed in accordance with the DEP
requirements, applicable permits or approvals obtained from the utility
responsible for the central water system, and the appropriate permits secured
from the PBCHD.
In rural subdivisions,
or where otherwise allowed, an individual well system is an acceptable method
of providing potable water for each lot, when permitted by the PBCHD pursuant
to the standards prescribed in Art.
15.B, Environmental Control Rule II Drinking Water Supply Systems.
including power and light, telephone and telegraph, cable television, wiring to
street lights, and gas shall be installed underground, unless such requirement
is waived by the County Engineer, as provided in this Section. Utilities shall
be constructed in easements as prescribed by this Section. The developer shall
make arrangements for utilities installation with each entity furnishing
utility service involved. [Ord.
Utility easements 12
feet wide shall be provided where necessary for the particular development or
for continuity purposes to accommodate all required utilities across lots and
shall have convenient access for maintenance. Where possible, utility easements
shall be centered on lot lines and should be provided for underground utilities
across the portion(s) of the lot abutting a street or parking area. When a
utility easement is to abut a street, the width may be reduced as approved by
the County Engineer. Additional utility easements may be required by PBC when,
in the opinion of the County Engineer, such easements are necessary for
continuity of utility service between subdivisions or other development and
where necessary for maintenance and service. Utility easements and drainage
easements shall not be combined. Where crossings occur, drainage easements
shall take precedent. Easements shall be coordinated with requisite utility
authorities and shall be provided as prescribed by this Article for the
installation of underground utilities or relocating existing facilities in
conformance with the respective utility authority's rules and regulations. [Ord. 2013-001]
Section shall apply to all cables, conduits, or wires forming parts of an
electrical distribution or communications system, including service lines to
individual properties and main distribution feeder electrical lines delivering
power to local distribution systems. This Section shall not apply to wires,
conduits or associated and supporting structures whose exclusive function is to
transmit or distribute electricity between subdivisions, generating stations,
substations and transmission lines of other utility systems, or perimeter lines
located adjacent to a subdivision.
Appurtenances such as transformer boxes,
pedestal mounted terminal boxes, meter cabinets, service terminals, telephone
splice closures, pedestal type telephone terminals or other similar "on
the ground" facilities normally used with and as a part of the underground
distribution system may be placed above ground, but shall be located so as not
to constitute a traffic hazard.
All other proposals for aboveground
installation of utilities shall be submitted to the County Engineer at the time
of the preliminary submittal. Such request shall be made in writing and noted
on the construction plans. The County Engineer shall, at the time of the
preliminary review, consider the request and all pertinent information,
including but not limited to the construction plans, existing installations,
and other information the County Engineer deems necessary. Any approval or
denial pursuant to this Subsection shall be set forth in writing, which may be
by separate statement to the developer and the developer's engineer or may be
part of the County Engineer's response to the preliminary review.
Any new service which, by virtue of an
approved waiver granted pursuant to this Section, is allowed to be supplied by
overhead utilities shall be connected to a service panel that is convertible
for underground utility service at a future date.
After the subgrade for
a street has been completed, and before any material is applied, all
underground work for the water mains, sanitary sewers, storm sewers, gas mains,
telephone, electrical power conduits and appurtenances and any other utility
shall be installed completely through the width of the street to the sidewalk
area or provisions made so that the street will not be disturbed for utility
installation. All underground improvements installed for the purpose of future
service connections shall be properly capped and backfilled.
Fire hydrants shall be
provided where central water systems are provided. Fire hydrants shall be
provided in the manner prescribed in this Section.
Fire hydrants shall be
spaced no greater than 600 feet apart and not more than 300 feet to the center
of any lot in the subdivision and shall be connected to mains no less than six
inches in diameter. The system shall provide capability for fire flow of at
least 700 gallons per minute in addition to a maximum day requirement at
pressures of not less than 20 pounds per square inch. The system shall have the
capability of sufficient storage or emergency pumping facilities to such an
extent that the minimum fire flow will be maintained for at least four hours or
the current recommendations of the insurance services office, whichever is
In these areas fire
hydrants shall be spaced no greater than 500 feet apart and the remotest part
of any structure shall not be more than 300 feet from the hydrant and shall be
connected to mains no less than six inches in diameter. Fire flow shall be
provided at flows not less than 1200 gallons per minute in addition to a
maximum day requirement at pressures of not less than 30 pounds per square
Charges made for the
use of the fire hydrant or water consumed there from when a fire protection
authority uses the fire hydrant in the performance of its official duty shall
be as regulated by the Public Service Commission.
Block lengths shall not
exceed 1320 feet between intersecting streets. Provided, however, that greater
lengths may be approved by the County Engineer on an individual basis after
considering such factors such as but not limited to, lot size, the ADT, number
of through streets, street layout and other engineering considerations, in
accordance with acceptable engineering practices. [Ord. 2014-025]
All lots shall have the
area, frontage, width, and depth required by this Code or applicable zoning
approval for the prevailing or approved use zone wherein said lots are located.
When a subdivision is proposed upon land
with existing structures that are proposed to be retained, lots are to be
designed so as not to cause said existing structures to become nonconforming.
When lots are platted abutting a major
street or non-plan collector street, access shall be provided by and limited to
local streets or residential access streets. No access from individual lots
shall be permitted directly to a major street.
frontage lots or through lots shall be avoided except where essential to
provide separation of residential development from major streets or to overcome
specific disadvantages of topography or orientation. Where double frontage lots
are developed they shall be buffered as required by this Code.
Street lines at the
intersection of two streets shall be connected by a diagonal line in accordance
with current PBC standards for corner clips. Corner lots shall be designed to
facilitate a safe intersection with respect to minimum stopping and turning
sight distances in accordance with criteria prescribed in the most recent
edition of the FDOT Manual of Uniform Minimum Standards for Design,
Construction and Maintenance for Streets and Highways. A restriction shall be
placed on the plat prohibiting structures or landscaping over 30 inches high
within any additional safe sight area required to be established over an
individual lot in order to accommodate unusual conditions in the design of the
lot or alignment of adjacent streets, said height being measured from the
street crown elevation at the intersection.
monuments occur within street pavement areas, they shall be installed in a
typical water valve cover as prescribed in the current PBC Standards.
control points and monuments according to F.S.
§ 177.091(9), shall be installed as follows.
Prior to Plat Recordation
improvements are constructed prior to recordation, the permanent control points
and monuments shall be set prior to submission of the Final Plat and certified
by the surveyor and mapper in accordance with Art.
11.D.1.B.15.c, Certification of Surveyor and Mapper [Ord.
After Plat Recordation
improvements are constructed after recordation, the permanent control points
shall be set under the guaranties as required by Art.
11.E.9, Subdivision Design and Survey Requirements. In such case, the surveyor and mapper's
certificate shall comply with Art.
11.D.1.B.15, Certification and Approvals.
The signing surveyor and mapper shall provide the County Engineer with a
copy of the recorded certification required by Article 11.D.1.B.7.f, as to his
placement of the permanent control points and monuments. [Ord.
A variance from the
literal or strict enforcement of the provisions of this Article may be granted
in accordance with the provisions set forth in Art. 2, Application
Processes and Procedures. [Ord. 2011-001]
History: [Ord. 2005-002; February 2, 2005] [Ord. 2006-004; March 1, 2006] [Ord.
2006-036; August 29, 2006] [Ord. 2007-013; September 4, 2007] [Ord. 2010-022;
September 1, 2010] [Ord. 2011-001; February 4, 2011] [Ord. 2011-016; September
6, 2011] [Ord. 2012-003; February 1, 2012] [Ord. 2013-001; January 31, 2013]
[Ord. 2014-025; September 3, 2014] [Ord. 2015-006; February 3, 2015] [Ord.
2015-031; September 3, 2015] [Ord. 2017-007; March 2, 2017]