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 Hardee County
 Land Development Code
 Article 7. DEVELOPMENT APPROVAL PROCESS

  § 7.08.00. Vacating of Subdivision Plats and Replats.  

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  • The vacating of a recorded plat is to cause that recorded document to cease having any rights or privileges platted property may enjoy. For purposes of this Section, vacating and/or replatting shall not include rearranging lots within a recorded subdivision by combining all or parts of platted lots to create new building parcels provided the following are met:

    (01)

    The total number of parcels created by combining/rearranging platted lots does not result in an increase in the number of lots previously platted and recorded.

    (02)

    Parcels created by combining/rearranging platted lots shall meet or exceed the minimum lot area and dimension as set forth in the zoning district where the plat exists.

    (03)

    Any such request shall remove any and all rights typically associated with lots of record, and no rights afforded lots of record shall pertain to combined/rearranged platted lots.

    Requests to combine/rearrange platted lots to create new parcels shall be filed with the Planning and Development Division on an application form approved by the division, along with a surveyed drawing of the combined/rearranged lots to be considered. Upon review and approval by the DRC, said combined/rearranged lots shall be eligible for building permit review.

    7.08.01. Vacating of Subdivision Plat by Owner.

    The owner of any land subdivided into lots may petition the County under the provisions of Chapter 177.101, F.S., to remove, vacate and annul the existing subdivision plat, or portion thereof, from the official records of Hardee County. The applicant vacating a subdivision plat, or a part thereof, shall file the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution with the Planning and Development Division, and shall pay the appropriate filing fee as established by resolution of the Board of County Commissioners. Following review by the DRC and recommendation by the Planning and Zoning Board, the petition shall be acted on by the Board of County Commissioners. The Planning and Development Division shall be responsible for recording the petition and the proof of publication with the Clerk of the Circuit Court for Hardee County.

    7.08.02. Vacating of Subdivision Plat by County.

    The Board of County Commissioners may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction. Such action may include the vacation of dedicated rights-of-way and easements, provided that:

    (A)

    The Subdivision Plat was lawfully recorded not less than five years before the date of such action by the Board of County Commissioners; and

    (B)

    No more than 10% of the total subdivision, or part thereof, has been sold as lots by the original subdivider or his successor in title. Such action shall be based on a finding by the Board of County Commissioners that the proposed vacation and annulment of the subdivision plat will result in greater conformity with the Comprehensive Plan of the County, and the public health, safety, and welfare will be promoted.

    Before acting on a proposal for vacation and annulment of subdivided land the Board of County Commissioners shall hold a public hearing upon providing written notice to property owners within the vacated portions of the subdivision. Notwithstanding these provisions, the County may require conformity with existing standards for all or parts of subdivisions as outlined in this Section.