§ 7.07.00. Subdivision Regulations.
7.07.01. General.
7.07.01.01. Purpose and Intent.
The purpose of this Section is to establish minimum procedures and standards to further the provisions of State Law that requires and regulates the platting of land for development; to further the goals and policies of Hardee County Comprehensive Plan; and to set forth a process for approval of the subdivision of land within the jurisdiction of the County. Where provisions for subdividing land are either more restrictive or less restrictive than other land development codes, resolutions or rules adopted by the County, those provisions that are more restrictive and impose higher standards or requirements shall govern.
Subdivision approval procedures are set forth herein as a three-step process, the concept plan review, construction plan review and final subdivision plat approval. This process is intended to permit comprehensive review by the County and to benefit the developer by identifying potential problems and their solutions at appropriate times during the process. As with all stages of the development approval process, it is the responsibility of the developer to check all State and local regulations governing the subdivision of land and to adhere strictly to the procedures therein.
7.07.01.02. Applicability.
These regulations shall apply to all subdivisions, including those intended for commercial and industrial development. The provisions of this Section are applicable to the division of a parcel of land, that is defined to mean the division of contiguous land holdings by a single owner or multiple owners, regardless of how said parcels are described or recorded, into two or more parcels, lots, tracts or sites for the purpose of transfer of ownership or building development. Land that is subdivided into lots, parcels, sites or tracts, each of which is 20 acres or greater in size, shall be exempt from subdivision regulations. Also exempt from the provisions of these subdivisions regulations, except as set forth herein, are divisions and exchanges of land between contiguous landowners resulting in no more parcels than existed prior to the division and exchange, provided that the resulting parcels meet all the criteria set forth in these regulations for minor subdivisions. Upon application, staff shall review to confirm all criteria are met and shall forward to the County Manager for final approval.
7.07.01.03. Exemptions.
Land that is subdivided into lots, parcels, sites or tracts, each of which is 20 acres or greater in size, shall be exempt from subdivision regulations; however, such subdivision shall comply with minimum right-of-way dimension requirements for access and minimum lot frontage requirements.
7.07.02. Minor Subdivisions.
A minor subdivision means a division of land into not more than five lots/parcels — fournew lots/parcels and a remaining lot/parcel, each with its own parcel ID. If the remaining lot/parcel is 20 acres or greater in size, said lot/parcel may stand alone and may be eligible for future subdividing through the minor subdivision process.
7.07.02.01. Approval of Minor Subdivisions.
A minor subdivision of land may be approved by the Board of County Commissioners without the requirement to plat pursuant to these regulations where all of the following conditions are satisfied:
(01)
The subject property has not previously been processed through this minor subdivision procedure;
(02)
The approval does not result in the creation of more than five lots/parcels—defined as four new lots or parcels and a remaining lot/parcel;
(03)
The approval does not create a lot/parcel, or lots/parcels, that do not meet applicable zoning district standards for width, depth, and area.
a.
Exception: Exceptions to the minimum lot size for a residential lot in the Agricultural Future Land Use category and the A-1 zoning district may be granted by the County to transfer to an immediate family member to serve as his/her primary residence. No subdivision of land approved by exception shall result in less than 2.5-acre parcels, and shall require its own access with a minimum frontage on a county maintained or private road of 30 feet. Said frontage and access may be owned in fee-simple or by easement recorded in the public records of Hardee County. Where owned fee simple, the access may be included within the minimum acreage requirement. Additionally, nothing herein shall prohibit shared access of a single easement, provided that the easement is amended to include the party sharing the easement. Immediate family member is defined as persons related by blood, marriage or adoption and is limited to parents, spouses, siblings, children, grandparents, and grandchildren. Such an exception may not be granted more than one time for each family member. Exceptions shall be exercised within one year of approval or shall become null and void. Exercised, as used herein, shall mean the act of securing a building permit. An Appeal of Decision by the County Manager, or a time extension shall be made directly to the Hardee County Board of County Commissioners;
(04)
Each lot/parcel has the minimum required frontage as set forth in the zoning district in which the lot/parcel lies on a maintained public road as adopted for maintenance by the Board of County Commissioners, and as identified by the County Road and Bridge Department, and no new streets, either public or private, are needed to serve either property. Minimum frontage shall be owned in fee-simple;
(05)
No extension of a public water or sewer system is needed;
(06)
The creation of a parcel wholly within the 100-year flood zone is prohibited;
(07)
No vacation or elimination of streets, setbacks, access control, or easements are required or proposed;
(08)
Such action, either individually or cumulatively, will not result in significant increases in service requirements, interfere with maintenance of existing levels of service, or create specific service deficiencies, such as drainage, roadway maintenance, or other deficiencies.
(09)
If a drainage facility is needed an easement if favor of the party responsible for maintenance must be recorded in the public records of Hardee County prior to the transfer of ownership of the lots/parcels created through minor subdivision. A maintenance agreement imposing responsibility for maintenance of drainage facility shall be required.
(10)
If the property is located on an access management roadway corridor, the site development plan must demonstrate compliance with the applicable access management standards.
7.07.02.02. Minimum Review Requirements.
In requesting an approval of a minor subdivision, the applicant shall provide the following information:
(01)
A copy of the deed to the property. If the applicant does not own the property, he/she must obtain written permission from the owner, including a notarized signature, authorizing him/her to make the application;
(02)
A copy of the official property appraiser's map indicating the subject property and all other properties within 200 feet;
(03)
A certified boundary survey of the proposed property completed by a surveyor registered in the State of Florida within one year of the minor subdivision application;
(04)
A minor subdivision drawing shall include a boundary survey of the property, along with a sketch, and metes and bounds description of each land lot/parcel within the property boundary to be subdivided. Individual land lots/parcels within the surveyed boundary shall be identified as lots/parcels; and
(05)
If the property being divided is located in an identified stormwater problem area as shown on a map available from the County Engineer and the resultant lots/parcels are less than one acre in size, the application must also include drainage plans meeting the following requirements:
(a)
The developer shall submit drainage calculations and plans for the collection, control, and disposal of run-off from a critical duration storm, up to, and including, a 100 year, 24-hour storm event. The calculations and plans shall be in accordance with specifications as required by the County Engineer, and shall include design and performance standards pursuant to Section 62.25.025 and Section 17-3.051, Florida Administrative Code. On-site retention and detention storage shall be provided for the increased storm water run-off from the proposed development and off-site contributing areas for all critical duration design storms up to and including the 24-hour, 100-year frequency storm. The drainage facilities shall provide a release mechanism to limit the storm water run-off peak rate and timing from the storage facility to that which would have been expected from the development site under natural or pre-developed conditions up to and including a 100-year critical duration storm. The County Engineer may decrease the allowed release rate for those developments which have documented significant downstream stormwater impacts to pre-developed stormwater runoff rate from a ten year storm. The County Engineer may require that the design of drainage construction for major channels or under major roads be predicated upon a more severe storm. Drainage systems in areas with no positive drainage outlet shall be designed to more stringent criteria to include retention of the 24-hour, 100-year frequency storm with no offsite discharge. Compliance with rules and regulations of State and Federal regulatory agencies, including, but not limited to, the Florida Department of Environmental Protection and the United States Environmental Protection Agency, is the responsibility of the developer and/or his engineer and proof of such compliance in the form of permits (when required by the above agencies) must be submitted prior to the approval of the subdivision.
(b)
Drainage plans shall include provisions which incorporate natural drainage features into the overall drainage pattern when such incorporation does not negatively impact sensitive natural resources. Channeling runoff directly into water bodies or functioning wetlands is prohibited. Calculations for capacity of retention or detention facilities shall indicate the capacity of the facility to retain or detain with filtration at least the first inch of runoff for the design storm event. The calculations must demonstrate that the one inch retention volume will be percolated in 72 hours, and the entire retention volume will be recovered within 360 hours.
(c)
The degree of protection from flooding offered by the stormwater management requirements of the minor subdivision review as described in Section 7.07.02.02.(05)b is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rate occasions. Flood heights may be increased by man-made or natural causes. The stormwater management requirements for minor subdivisions in identified stormwater problem areas do not imply that minor subdivisions located outside of the identified stormwater problem areas or uses permitted within such areas will be free from flooding or flood damages. Section 7.07.02.02.(04)b shall not create liability on the part of Hardee County or by any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.
(06)
Any established application fee, compliance review fee, plus the per-lot/parcel fee for minor subdivision shall be charged.
An application for minor subdivision approval shall be reviewed pursuant to the minimum requirements established in Subsections 7.07.02.01(01—10), above, and any other information deemed necessary to fully review the request.
In recommending approval, the County Manager/designee may propose such conditions, safeguards and requirements as deemed necessary to implement the intent and purpose of this Section and this Code. In the alternative, the County Manager/designee may recommend any division or combination of previously platted property to comply with the complete platting process as set forth in this Section where warranted.
Minor subdivisions recommended for approval by the County Manager/designee shall be agendaed for approval by consent by the Board of County Commissioners. Nothing herein shall prevent any member of the Board from removing a minor subdivision from consent for questions or additional information.
7.07.02.03. Processing Requirements.
Any minor subdivision of land offered for processing in Hardee County shall conform to the following:
(01)
The minor subdivision drawing shall be presented on 24" × 36" sheets and shall be drawn with a marginal line completely around each sheet and placed so as to leave at least a 1/2-inch margin on three sides and a 3-inch margin on the left.
(02)
The minor subdivision drawing shall include a boundary survey of the property, along with a sketch, and metes and bounds description of each land lot/parcel within the property boundary to be subdivided. Individual land lots/parcels within the surveyed boundary shall be identified as lots/parcels.
(03)
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 sheet in the notes or legend.
(04)
A permanent reference monument must be placed at each corner or change of direction.
(05)
Each survey shall show the section, township, and range as applicable, or, if in a land grant, the survey will so state. Each boundary survey shall show a description of the lands subdivided, and the description shall be the same in the title certification. The description must be so complete that from it, without reference, the starting point and boundary can be determined.
(06)
Hardee County, Florida shall appear under the name of the minor subdivision drawing in legible Arabic letters.
(07)
Certification blocks for the following shall be provided:
(a)
Chairman, Board of County Commissioners;
(b)
Surveyor
(c)
Property Owners;
(08)
Approval blocks for the following shall be provided:
(a)
County Planning and Development Director/Designee;
(b)
Public Works Director/Designee;
(09)
Location, width, and names of all streets, waterways, or other rights-of-way shall be shown, as applicable.
(10)
Location and width of easements shall be shown on the minor subdivision drawing or in the notes or legend, and their intended use shall be clearly stated.
(11)
The application for minor subdivision drawing shall include a copy of the minor subdivision in electronic format on a digital storage media.
Upon approval of a minor subdivision, the County shall ensure one legible copy of the minor subdivision drawing and the boundary survey containing the depiction of each land lot/parcel is provided to the Hardee County Property Appraiser's Office, and one legible copy is provided to the Hardee County GIS Department for inclusion in the County's GIS system. The GIS copy shall be in electronic format in DWG or DXF format on a digital storage media. Additionally, upon approval of the minor subdivision, the County shall prepare a Record of Decision for signature by the Chairman, Board of County Commissioners and shall record the Record of Decision with the Hardee County Clerk of Court.
Prior to any application for building permit, the parcel requesting the building permit must have its own established parcel identification number.
7.07.03. Procedure for Securing Approval of Subdivision Plans and Final Plats.
Whenever any subdivision of land is proposed and before any contract is made for the sale of any part thereof and before any permit for the installation of utilities, either public or private; construction; paving and drainage; or structures in a proposed subdivision shall be granted, the subdivider, or the authorized agent, shall apply for and secure approval of the proposed subdivision through submission of the following documents:
(A)
Site Development Plan;
(B)
Construction Plan;
(C)
Final Subdivision Plat.
This three-part process is designed to maintain consistency of the development process; from site design (site development), actual development (construction), and legal land sales instrument (final plat).
7.07.03.01. Site Development Plan.
The Site Development Plan shall be the beginning process for subdivision and final plat approval.
7.07.03.02. Submittals.
Submittal of Site Development Plans shall be as set forth in Section 7.06.08.02 as to procedure and content.
7.07.03.03. Construction Plans.
Submittal of Construction Plans shall be as set forth in Section 7.06.08.03 as to procedure and content.
7.07.04. Performance Bond or Irrevocable Letter of Credit.
If at the time of application for Final Subdivision Plat approval all improvements are not satisfactorily installed, the subdivider shall post a bond or an irrevocable letter of credit of 125 percent of the amount estimated as sufficient to secure to the County the satisfactory construction, installation and dedication of all required improvements. Such performance bond or irrevocable letter of credit shall comply with all statutory requirements and shall be satisfactory to the County Attorney as to form, sufficiency and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Board of County Commissioners as part of the approval action on the Final Subdivision Plat and shall be incorporated in the bond or irrevocable letter of credit and shall not in any event exceed two years from date of final County approval. The Board of County Commissioners may at any time during the period of such bond or irrevocable letter of credit accept a substitution of principal or sureties on the bond upon recommendation of the County Attorney.
If the construction/installation of model homes has been approved through another process within this Code, Final Certificates of Occupancy for models shall not be issued until the Board of County Commissioners has accepted the Final Subdivision Plat and recorded with the Clerk of the Circuit Court for Hardee County.
7.07.05. Construction Inspection.
The County shall provide for periodic inspection of required improvements during construction to ensure their satisfactory completion. If it is found that any of the required improvements have not been constructed in accordance with the approved plans and the County's construction standards and specifications, the subdivider shall be responsible for modifying and/or completing the improvements so as to comply with such standards and specifications. Wherever a performance bond covers the cost of improvements, the sub-divider and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.
7.07.06. As-Built Engineering Drawings.
Three sets of County-approved engineering as-built drawings shall be submitted with the Final Subdivision Plat application. All as-built drawings shall contain a certification by a professional engineer or registered land surveyor of personal verification of the exact location and dimensions of all completed improvements, as well as certification that all utilities have been installed in accordance with specifications.
7.07.07. Maintenance Guarantee.
The developer shall guarantee the materials and workmanship of pavement, curb and gutter, sidewalks, water system, wastewater/sewage system and the drainage system in the subdivision for a period of one year after final acceptance by Hardee County. A bond or irrevocable letter of credit in an amount equal to 125 percent of the value of improvements shall be required for the maintenance and repair requirements to cover faulty plans, materials or workmanship. The value of the improvements shall be determined by the Consulting County Engineer. The bond or irrevocable letter of credit shall be effective for one year.
(Ord. No. 2009-06, § 1, 8-20-2009; Ord. No. 2017-11, 9-7-2017)