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 Hardee County
 Land Development Code
 Article 3. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS

  § 3.05.00. Additional Right-of-Way and/or Pavement Width.  

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  • Additional right-of-way and/or pavement width may be required by the Director of Public Works at his/her discretion to promote public safety and convenience or to ensure adequate access, circulation and parking. Whenever any street shows need for improvement within the area to be developed, the appropriate right-of-way and pavement shall be required. Where a development abuts or contains an existing street of inadequate right-of-way or pavement width, additional right-of-way and pavement in conformance with the minimum standards of this Code shall be required to be dedicated.

    Half streets and substandard rights-of-way and pavement widths shall be prohibited. Where a previously dedicated incomplete street, improved or unimproved, abuts or is within a tract to be developed, the remainder of the right-of-way shall be dedicated and the full street improved according to city standards.

    Right-of-way requirements shall be based upon a 20-year planning period, according to the official county transportation plan as may be adopted. All rights-of-way shall be transferred to the county by means of a recorded deed, or by dedication to and official acceptance by the Board of County Commissioners.

    Whenever an island is proposed in the center of a cul-de-sac turnaround, the pavement shall be 24 feet, exclusive of curbs.

    3.05.01. Private Road Acceptance for County Maintenance and Operation.

    All private roads to be accepted by Hardee County for County maintenance and operation must meet the following:

    (A)

    Petitioner(s) must submit a written request to the Board of County Commissioners; which request must contain the following:

    (01)

    A field survey defining the boundaries of the road and a map of the survey including description provided by a registered land surveyor;

    (02)

    A statement that certifies that Hardee County will be provided right-of-way sufficient to meet the minimum standards as called for in Florida Administrative Code 14-15.002;

    (03)

    A statement that certifies all fences, buildings, other structures, trees or physical barriers of any type shall be removed from the right-of-way at the expense of the Petitioner(s) prior to the Board of County Commissioners accepting the road;

    (04)

    A statement that certifies all necessary drainage improvements, including structures, pipe, ditches, and easements shall be installed by the Petitioner(s) in accordance to plans and specifications prepared by a registered professional engineer and as approved by appropriate State agencies, Southwest Florida Water Management District (SWFWMD) and Hardee County and/or as directed by the Consultant Engineer to Hardee County, or Staff;

    (05)

    A statement that certifies the road does or the road does not meet the minimum standards for design, construction and operation for streets and highways used by the public and consistent with Florida Administrative Code 14-15.002; the Petitioner(s) will make all necessary improvements to the road so that it meets minimum standards;

    (B)

    The road shall be of benefit to the general public and provide access to an average of one dwelling unit per 450 feet of frontage;

    (C)

    The road shall intersect or be an extension of an existing County- or State-maintained road;

    (D)

    The road shall be paved and must meet the minimum standards for design, construction, and operation for streets and highways used by the general public and consistent with Florida Administrative Code 14-15.002. If improvements to the road and drainage system are required to be made in order to meet minimum standards, all such costs of improvements shall be the responsibility of the Petitioner(s), and all such improvements shall be completed before the Board of County Commissioners of Hardee County, Florida will accept the road;

    (E)

    The Petitioner(s) shall have the right to appear before the Board of County Commissioners of Hardee County, Florida and request waiver of strict adherence to portions of the criteria above-cited. The Board of County Commissioners of Hardee County, Florida will make the final determination if criteria above-cited causes an undue hardship or results in unfair or unnecessary harsh treatment to the Petitioner(s).