A. General.
1. Purpose and Intent. The purpose and intent of this subsection is to implement the goals, objectives, and policies of the Comprehensive Plan, by setting forth uniform and well-defined application processes, and information to guide in the review of the subdivision and platting of real property.
2. Applicability. The regulations set forth in this subsection shall apply as follows:
a. General Requirements. No property shall be platted, recorded, sold, or any land development permit be issued by the city unless the subdivision or lot-line modification meets all the applicable laws of the State of Florida and has been approved in accordance with the requirements of these Land Development Regulations. These requirements or regulations are not intended to repeal, abrogate, annul, or in any way, impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that where this subsection imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this subsection shall apply. The city shall not be responsible for enforcement of such deeds, covenants, or agreements. Unless otherwise exempt from this subsection, all subdivision of land is subject to the platting requirements contained herein. Preliminary parcel layout and improvements are shown in the preliminary plat, while the final plat indicates the legal subdivision of land subject to Florida Statutes. To obtain approval for a development in the City of Boynton Beach, the developer shall submit both a preliminary plat and a final plat to the City Engineer, and shall notify the Director of Planning and Zoning of same. No final plat of any subdivision shall be recorded in the Office of the Clerk of the Court of Palm Beach County until the subdivision or other subject change has been duly approved by the city in the manner prescribed herein. No division of land through a lot-line modification shall be recorded in the Palm Beach County Property Appraiser's Office until after the city has approved the application. All final plats and applications for lot-line modifications shall be recorded in the Office of the Clerk of the Circuit Court of Palm Beach County.
b. Unlawful Sale or Transfer of Property. It shall be unlawful for a property owner or agent to sell, transfer, or convey ownership of a subdivision plat if such subdivision plat has not been formally approved by the city and recorded with the Palm Beach County Clerk or the Circuit Court. The owner or agent shall be guilty of a misdemeanor of the first degree, punishable as provided by Florida Statutes if such unlawful use is made of a plat prior to it being formally approved by the city and properly recorded with the Palm Beach County Clerk or Circuit Court.
c. Building Permits Subject to Final Plat or Lot Line Modification Approval. Unless otherwise determined by the City Engineer, no building permit shall be issued and no city service may be rendered until a final plat or lot line modification has been approved by the city and properly recorded as contained herein.
d. Creation of Subdivision by Joint Owners of Land. Where it may subsequently become evident that a subdivision is being created by the recording of deeds by metes and bounds description of tracts of land, the city may, at its discretion, require all the owners involved to jointly file a plat of the subdivision being so created or require all owners of record to jointly conform to the applicable provisions of this article as are requisite for the issuance of building permits or the furnishing of any city service.
e. Deeds, Covenants, and Other Private Restrictions. These regulations are not intended to repeal, abrogate, annul, or in any way, impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that where this article imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this subsection shall apply. The city shall not be responsible for enforcement of such deeds, covenants, or agreements.
3. Lot Line Modification. A lot line modification shall be required when a property owner or agent desires to subdivide real property and the City Engineer determines that platting and replatting is not required. In these instances, approval of a lot line modification is required from the Planning and Zoning Division in accordance with Chapter 2, Article II, Section 6.B. in order to ensure compliance with all development regulations.
B. Preliminary Plat.
1. General.
a. Purpose and Intent. The purpose of a preliminary plat is to provide adequate and necessary descriptive information regarding the proposed subdivision, dividing, and platting of real property in order to facilitate an expeditious final platting process. The intent is to set forth uniform and well-defined application processes, and information to guide in the thorough and timely review of the preliminary plat application.
b. Applicability. No person, firm, corporation or any other association shall combine lots, tracts, or parcels of land for development purposes, or to subdivide a tract of land except in conformity with this chapter. No development or subdivision shall be platted or recorded, or any building permit or land development permit be issued, unless such subdivision or development meets all the provisions of this chapter and those of any applicable Florida Statutes, unless a waiver of platting has been issued in accordance with Section 5 below.
c. Prerequisite to the Preliminary Plat. Pursuant to Chapter 2, Article II, Section 2.D.6., master plan approval shall be required prior to the consideration of any proposed platting or replatting of a planned zoning district.
2. Submittal Requirements. A written request shall be submitted to the City Engineer and accompanied by four (4) copies of the preliminary plat, conceptual, or phasing plan. The conceptual or phasing plans shall have the same level of detail as that typically shown on a "master plan" or "site plan" as described in Chapter 2, Article II and the definitions (Chapter 1, Article II). In addition, the preliminary plat, conceptual plan, or phasing plan, whichever is submitted, shall illustrate ingress-egress locations/easements, landscape easements, limited access easements, storm drainage easements, utility easements, etc. and all other applicable conditions of approval (COA) attached to the development order (DO) that were issued by the City Commission upon master plan and site plan approval.
3. Review Criteria. The preliminary plat shall meet 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 survey or engineering design of the project.
4. Approval Process. The City Engineer or designee shall review the preliminary plat application to ensure that it complies with the requirements of Section 2.B.3. above.
C. Final Plat.
1. General.
a. Purpose and Intent. The purpose of this subsection is to provide a procedure for preparing plat documents consistent with development regulations of the city and to create documentation of physical characteristics of land proposed for development within the city.
b. Applicability. No person, firm, corporation or any other association shall combine lots, tracts, or parcels of land for development purposes, or to subdivide a tract of land except in conformity with this chapter. No development or subdivision shall be platted or recorded, or any land development or building permit be issued, unless such subdivision or development meets all the provisions of this chapter and those of any applicable Florida Statutes, unless a waiver of platting has been issued in accordance with Section 5 below.
All developments or redevelopments that are subject to the requirements of this article shall require a plat prepared by a registered land surveyor and mapper in compliance with this chapter and the requirements of all provisions of Florida Statutes. Depending on the characteristics of the development, the platting requirements would be satisfied by the approval of one (1) of the following types of plats:
(1) Boundary Plat. "Boundary plat" is generally used when assembling multiple parcels of land, tracts or lots into a single parcel for development purposes. Project types would include rental apartments, public facilities, shopping centers, and industrial developments where "unity of title" ownership is required. A boundary plat may be submitted when portions of an existing subdivision or parcels of land being assembled to create a single developable property are of such simplicity or are surrounded by such development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of determining application fees, a boundary plat submittal shall be considered a pre-application submittal. All provisions of F.S. Ch. 177 and these Land Development Regulation shall fully apply to every boundary plat including, but not limited to, those tangible improvements required in Chapter 4, Article VIII (Roadways, Utilities, and Infrastructure Design Standards) not already in place.
(2) Record Plat. A "record plat" is generally used when land assembly or subdivision would ultimately yield multiple parcels under individual ownership. Project types would include single-family subdivisions, townhome developments, condominiums, retail centers, or office-warehouse and similar developments.
c. City Engineer Determination. Other types of plat documents may be applicable to a new development. The City Engineer shall review those cases to determine which platting process is appropriate. However, a new boundary survey for any replat is required when the replat affects any boundary of the previously platted property or when improvements which may affect the boundary of the previously platted property have been made on the lands to be replatted.
d. Exemptions to Platting.
(1) Eligibility. A waiver of the platting requirement may be considered when the land is to be divided into no more than two (2) contiguous lots and no more than three (3) regularly shaped areas are to be dedicated to the City of Boynton Beach (easements, tracts, parks, rights-of-way, etc.) and because:
(a) Unusual conditions are created by ownership or development of adjacent lands;
(b) The land concerned is isolated or remote in its relationship to other platted or improved lands; or
(c) The improvements and dedications existing on the land are substantially in accordance with the requirements of this chapter and if the waiving of the requirements for platting would not conflict with the purpose and intent of this chapter.
(2) Requirements in Lieu of Platting. If platting is not required, a certified survey shall be submitted to the City Engineer, who may require deeded rights-of-way and easements, reservations or improvements required in connection with platting under this chapter, including the posting of surety to carry out the intent and purpose of this chapter.
e. Substitutions to Platting. The submission of a master plan for a boundary plat may be waived at the option of the City Engineer.
f. Prerequisite to Platting. Approval of a master plan shall be required prior to the consideration of any proposed platting or replatting in instances when rezoning to planned developments (as defined by Chapter 1, Article II). See Chapter 2, Article II, Section 2.D.6. for the regulations pertaining to the master plan application process. Master plan review shall not be required when rezoning lands to conventional residential zoning districts.
2. Submittal Requirements. Upon filing an application for final plat approval, the developer shall pay the applicable fee as adopted by resolution of the City Commission from time to time to help defray the cost of processing the final plat review. The final plat shall conform to the corresponding approved master plan. Failure to submit the final plat within six (6) months from the date of application shall require submittal. The submittal package for final plat shall include the following:
a. Final Plat. Six (6) copies of the final plat, drawn or printed on twenty-four inch by thirty-six inch (24" x 36") line and one (1) chronoflex, mylar, or other approved time stable material. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Florida, and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as otherwise determined by the City Engineer;
b. Construction Plans. Four (4) sets of the construction plans, which shall be reviewed for technical compliance, along with approved Health Department permits for sewer and water, in accordance with city requirements;
c. Surety. Surety guaranteeing that all work required whether public or private will be completed in full accordance with the plat and approved construction plans; with all development conditions attached thereto; and with the Boynton Beach Land Development Regulations. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the city upon completion of their construction. Surety shall be in substantially the form and amount delineated in Section 6 below;
Restoration surety in compliance with Section 6 below in the amount of one hundred ten percent (110%) of the engineer's certified cost for restoring the site to its original condition including, but not limited to, repair of access/haul routes; seed; sod; landscaping; drainage and utilities;
d. Maintenance Agreements. A copy of the property owner's association documents, if applicable, shall be required. These documents shall indicate the maintenance responsibility for street lighting and shall provide for the formation of a special taxing district to assume maintenance responsibility for the street lighting system in the event of the dissolution of the property owners association;
e. Legal Documents. Supplementary material as required by the office of the City Engineer, i.e. deeds, easements, etc., when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service;
f. Fees. Upon filing application for final plat approval, the developer shall pay a processing fee, and an administrative fee equal to a percentage of the estimated cost of construction of improvements. Said fee shall be as adopted by resolution of the City Commission, and shall be paid in full prior to placing final plat approval on a City Commission agenda; and
g. Miscellaneous. Failure to submit the final plat to the City Engineer within six (6) months from the date of application shall require resubmittal.
3. Review Criteria. The final plat shall be drawn or printed on linen, chronoflex, mylar, or other approved time stable material and sized twenty-four (24) inches by thirty-six (36) inches. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Florida, and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as otherwise determined by the City Engineer. The final plat shall be prepared in accordance with the provisions of F.S. Chapter 177, as amended, and shall conform to the following additional requirements:
a. Index. When more than a single sheet must be used to accurately portray the lands being developed or subdivided, the first sheet shall contain an index plus a map showing the entire development delineating the number of the sheet where each portion is shown. Each sheet must show the particular number of that sheet, the total number of sheets included and clearly labeled matchlines to show where other sheets match or adjoin.
b. Name of Development. The plat shall have a title or name acceptable to the city. When the plat is a new development, the name of the development shall not duplicate nor be phonetically similar to the name of any existing or approved development. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision and labeled as an addition.
c. Private Streets and Related Facilities. All streets and their related facilities designed to serve more than one (1) property owner shall be dedicated to public use; however, private streets shall be permitted within property under single ownership such as a property owners' association, and shall be constructed in accordance with design requirements of public streets. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without recourse to the city or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership.
d. Title. The plat shall have a title printed in bold legible letters containing the name of the development; the name of the city, county and state; the section, township and range as applicable and if the plat is a replat, amendment or addition to an existing development or subdivision, it shall include the words "section, unit, replat, amendment, etc.". All plats for planned developments shall be identified as to the type of development being platted. For example, all planned unit developments shall contain "P.U.D." within the title; all planned commercial developments shall contain "P.C.D." within the title; all planned industrial developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the title of the plat.
e. Description. Each plat shall show a full and detailed boundary description of the land embraced in the plat. The plat must be so complete that the starting point can be determined and the boundaries run without reference to the map.
f. Dedications, Certifications, and Approvals. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law, all being in the form set forth herein.
(1) Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication. All areas reserved for use by the residents of the development shall be so dedicated. All areas reserved for public use, such as parks, rights-of-way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of-way and easements for drainage purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. When the owner is a corporation, the dedication shall be signed on behalf of the corporation by the president or vice-president and the secretary or assistant secretary, respectively, as set forth in paragraph (2) below.
(2) Mortgagee's Consent and Approval. All mortgages along with the mortgagee's consent and approval of the dedication are required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee(s) must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case a mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president or vice-president and the secretary or an assistant secretary, respectively, by and with the authority of the board of directors.
(3) Certification. The plat shall contain the signature, registration number and official seal of the surveyor and mapper certifying that the plat complies with F.S. Chapter 177, as amended, and these Regulations. When plats are recorded and improvements are to be accomplished under surety posted as provided for by these Regulations, the required improvements and surety shall include P.C.P.'s.
(4) City Approval. The plat shall be reviewed for conformity to F.S. Ch. 177, as amended, by a professional surveyor and mapper, either by or under contract to the city, and evidence of this review shall be shown on the plat. The plat shall also contain the approval and signature block and date for the Mayor and the City Engineer with the acknowledgment and signature of the City Clerk.
(5) County Approval. The plat, when required by the City Commission, shall also contain the date of approval of the Board of County Commissioners; the signature block of the Chairman of the Board; the signature block of the County Engineer; and the acknowledgment and signature block of the Clerk of the Circuit Court.
(6) Certification of Title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state:
(a) That the lands as described and shown on the plat are in the name, and that apparent record title is held by the person, persons or organizations, executing the dedication;
(b) That all taxes have been paid on said lands as required by F.S. § 197.192, as amended; and,
(c) All mortgages on the land and indicate their official record book and page number.
The title certification must be an opinion of an attorney-at-law licensed in Florida, or the certification of an abstractor or a title insurance company licensed in Florida.
g. Survey Data. The final plat shall show the length of all arcs together with central angles, radii, and points of curvature including, but not limited to, block corner radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, 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 survey data contained on the plat shall also include:
(1) The scale, both stated and graphically illustrated, shall be shown on each sheet.
(2) 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.
(3) The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters.
(4) All intersecting street lines shall be joined to form required safe sight corners pursuant to city standards, and all dimensions shall be shown.
(5) All adjoining property shall be identified by a subdivision name, plat book and page or, if unplatted, the land shall be so designated.
(6) Permanent reference monuments shall be shown in the manner prescribed by F.S. Ch. 177, as amended. All information pertaining to the location of "P.R.M. s" shall be indicated in note form on the plat. Permanent control points and permanent reference monuments shall be designed and set as prescribed by F.S. Ch. 177, as amended.
(7) A space, sized three (3) inches by five (5) inches, shall be reserved in the upper right corner on each plat sheet for the purposes of recording information by the Clerk of the Circuit Court.
(8) The map shall mathematically close within one hundredth (.01) of a foot, and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section corner, section corner or government corner.
(9) The initial point in the description shall be accurately tied to the nearest quarter-section corner or government corner. Each government corner being used shall be identified. If the development 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 development 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 Plan Coordinate System in the manner established by the City Engineer and prescribed in the Engineering Division's Design Handbook and associated forms.
(10) 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 the city.
(11) A complete legend of abbreviations shall be shown.
(12) All lettering on the plat shall be at a minimum one-tenth (0.10) of an inch in height.
(13) The plat boundary and all parcels shown on the development or subdivision plats intended to be conveyed in fee title shall be delineated by solid lines.
(14) Lines intersecting curves shall be noted as radial or non-radial as the case may be.
(15) A note addressing any abandoned underlying lands or easements, including record information, shall be shown.
(16) Tabulation of survey data:
(a) The use of tangent tables is not permitted. However, at the discretion of the City Engineer on a case by case basis, the use of a tangent table to reflect corner clip (safe sight) chords 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.
(b) Curve data may be tabulated subject to the following conditions or exceptions:
(i) External boundary or centerline curve data may not be tabulated.
(ii) Where data is tabulated, a minimum of the delta angle, radius and arc length and the curve designation number or letter will be shown on the plat.
(iii) Curve tables reflecting the tabulated data will appear on the map sheet on which the curves appear.
h. Lot and Block Identification. Each 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 subdivision.
i. Street Names. The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the modifier "street," "avenue," "boulevard," "drive," "place," "court," etc.
j. Excluded Parcels. Where an excluded parcel is completely surrounded by areas included within the plat, sufficient easements or right-of-way to provide necessary access, utilities, and drainage to the excluded parcel shall be provided. No strip or 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.
k. Easements. All plats shall show easements, including but not limited to landscape easements, limited access easements, storm drainage easements, utility easements, etc.
The plat shall contain a statement that no buildings or structures shall be placed within easements. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one (1) side to permit equipment to enter for maintenance purposes.
Easements for supporting utility systems shall also be provided where necessary at a width adequate to accommodate their depths. A minimum width of twelve (12) feet shall be provided for these systems. Where sanitary sewer systems are greater than five (5) feet in depth, the minimum utility easement width shall be twice the greatest depth point on any link segment plus two (2) feet in order to access the system during any servicing required task.
l. Reservations and Restrictive Covenants. Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces; odd-shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and such covenants shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted with the final plat.
m. Waterways. Land which includes any existing or proposed private waterways shall be included on the original plat together with formal acceptance of maintenance by the subdivider, his grantees and assigns, for said waterways including vegetated littoral zones, and, further the duty, at their expense, of keeping same free of weeds, hyacinths, cloggage or other debris or noxious material.
n. Mobile Home Park Developments. Mobile home subdivisions shall be in the proper zone for such development and prior to the submittal of the final plat and supporting data shall have the approval of the final zoning authority and shall meet all of the requirements of the zoning code. The dedication on the plat of a mobile home subdivision shall include the following additional provisions or wording equal hereto: "Said owner(s) hereby dedicate(s) the lots shown on the plat exclusively for mobile home or trailer parking and use incidental thereto, except as to the lots indicated for other purposes on the plat. Mobile home or trailer parking is allowed only on the indicated lots. Areas indicated as parks or playgrounds are dedicated for the use of the owners of the lots shown on this plat."
Mobile home subdivision plats shall conform to all the requirements of these Regulations and the requirements of F.S. Chapter 177, as amended.
o. Master Plan. The final plat shall conform to the corresponding approved master plan, when applicable.
p. Miscellaneous. All plats shall show ingress-egress locations and all other applicable conditions of approval (COA) attached to the development order (DO) that were issued by the City Commission upon master plan or site plan approval.
4. Approval Process. The City Engineer, or his or her designee, shall examine the final plat as to its compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within thirty (30) days, report his finding, recommendations or approval to the plat preparer. Reference shall be made to the specific article, section and paragraph with which the final plat does not comply. If deficiencies exist, they shall be corrected by the plat preparer. If the final plat meets the provisions of these Regulations, and complies with the statutes of the State of Florida and the ordinances of the City of Boynton Beach, the City Engineer shall submit the final plat to the City Commission for approval. The City Commission may, after its approval, also require county approval prior to recording.
The final plat, signed and sealed, reviewed by a professional surveyor and mapper, signed by the Mayor and the City Engineer, and acknowledged by the City Clerk, shall be presented to the Palm Beach County Clerk (or county engineer if county approval is required) to complete the formal recording process.
5. Modification to Plat. Any proposed modification to an existing plat of record shall be considered a replat or an amended plat, as determined by the City Engineer. Any request to replat a previously platted subdivision shall be processed in accordance with Section 2.B. above.
6. Previously Platted Subdivisions.
a. Active Subdivision Development. A plat and/or improvement plans for a subdivision that has been approved under the subdivision regulations adopted by the City Council on March 25, 1959, and amendments thereto, may be completed as approved under those regulations with respect to the approved plans and/or plat. Additions thereto which have not been approved shall be subject to the requirements of these Land Development Regulations.
b. Reversion of Subdivided Land to Acreage. The official records of Palm Beach County contain plats recorded prior to the adoption of these Land Development Regulations governing development in the City of Boynton Beach. Such plats show areas within the city which have been platted as subdivisions, but which have either been partially improved or developed or remain unimproved or undeveloped. These areas, if fully or partially developed as platted, would not conform to the current needs of urbanization in the city as established herein.
The City Commission shall have the power, on its own motion, to order the vacation and reversion to acreage of all or any part of such subdivision within the incorporated areas of the city, including the vacation of streets or other parcels of land dedicated for public purposes or any portion of such streets or other parcels. Such order of vacation and reversion of subdivision plats may only be made by the City Commission if a plat of the subdivision was recorded as provided by law not less than five (5) years before the date of proposed reversion to acreage; and the subdivision or part thereof proposed to be reverted to acreage, not more than thirty-five percent (35%) of the unimproved portion of the subdivision area has been sold as lots with sixty-five percent (65%) left under one (1) ownership.
Prior to ordering such a vacation and reversion to acreage the City Commission 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 at least once within the two (2)-week period preceding the date of such public hearing. At such public hearing, the vacation and reversion to acreage of subdivided land must be shown to conform to the comprehensive plan of the area and that the public health, safety, economy, comfort, order, and welfare will be promoted thereby. No owner of any parcel of land in a subdivision so vacated shall be deprived of reasonable access to or from such parcel to which such parcel has theretofore had access. Access after such vacation and reversion need not be the same as theretofore existing, but shall be reasonably equivalent thereto. The owner or owners of a subdivision subject to vacation and reversion to acreage may at their option vacate or abandon the subdivision or portion thereof, or may improve undeveloped rights-of-way or rights-of-way which have been partially improved at their cost and expense, provided such improvements comply with the provisions of these Regulations and are acceptable to the City Commission for maintenance.
c. Improvement of Partially Developed Subdivisions. The improvement of partially developed subdivisions not subject to vacation and reversion to acreage shall comply with the requirements of these Regulations and the following:
(1) Rights-of-Way. The existing right-of-way for local streets shall be considered sufficient, provided it is at least fifty (50) feet wide and the improvements comply with the fifty (50)-foot typical section for road construction contained in city standards. If the existing right-of-way is less than fifty (50) feet wide, additional right-of-way shall be provided to make a total of not less than fifty (50) feet.
(2) Easements. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one (1) side to permit equipment to enter for maintenance purposes.
(3) Platting. Compliance with platting sections of these Regulations is not required where the improvements are contained in existing platted rights-of-way and no additional right-of-way dedication is needed. Drainage rights-of-way and easements where a plat is not required shall be accomplished by separate instrument dedicating the easement and/or rights-of-way for such purposes.
(Ord. 10-025, passed 12-7-10)