SANTA ROSA COUNTY, FLORIDA CODE VOLUME II

Appendix C. LAND DEVELOPMENT CODE

Article 4. GENERAL PROVISIONS

§ 4.03.00. Subdivision regulations and procedures.

Latest version.

The public health, safety, comfort, economy, order, appearance, convenience, and general welfare require the harmonious, orderly and progressive development of land within Florida and its incorporated municipalities and counties. In furtherance of this general purpose, counties, by F.S. chs. 125, 163, and 177, are authorized and empowered to adopt, amend or revise and enforce measures relating to land subdivision. It is the intent of this ordinance to secure or to ensure:

The establishment of standards of subdivision design and innovation which will encourage and lead to the development of sound and economically stable communities, and the creation of healthful living environments;

Installation by the land developer to prescribed standards, those necessary improvements which shall not become a charge on the citizens and taxpayers in other portions of the county;

The efficient, adequate, and economic supply of services to existing and new land developments;

The prevention of traffic hazards and the establishment of safe and convenient means for the circulation of traffic, both vehicular and pedestrian, within new land developments and from new land developments into and from established communities;

That for those lands subject to periodic or seasonal flooding, subdivision and development shall include provision for protective flood control measures and drainage facilities (see Article 10).

The long-term operational viability of military installations and public airports shall be protected by discouraging placement of incompatible land uses within designated Military Airport Zones or Public Airport Zones to protect public health and safety by directing residential uses to areas exposed to lower risks or impacts from airfield or military installation operations and activities.

Regulation of land subdivision is intended to aid in promoting land development in accordance with orderly physical patterns; to encourage orderly, timely, optimum and compatible land development.

It is the further intent of the Santa Rosa County Board of County Commissioners to cooperate with developers working in the county in providing mechanism by which adequate community facilities can be provided for all citizens.

4.03.01. General.

No person shall subdivide any land within the county nor shall any person begin any land disturbing activity or construction work in any subdivision, with the exception of exclusions indicated in Section 4.03.13 of this ordinance, unless the requirements of this ordinance are met.

In any subdivision for which compliance with this ordinance is required, no certificate of land use, no building, electrical, or plumbing permit, and no setback permit shall be issued by any public official until the subdivision has been approved, final plat recorded, and complies with the facilities requirements of Section 4.03.08, or in any minor subdivision until any required access management plan has been approved.

No road, right-of-way, or easement on or across divided property, shall be accepted or maintained by the county unless a final plat conveying such road is approved as provided herein. Any road across such land which connects two (2) portions of the county road system and which is necessary for inclusion into the county road program and not predominately for the benefit of the owners, may be exempted from the provisions of this paragraph upon determination by the county engineer that the road is constructed for street construction under this ordinance.

For lots located on any of the corridors shown in Table 1 of Article 4.04.03(D), access spacing standards for roadway connections must meet the standards established in Article 4.04.03(D).

Any person who sells or offers to sell any parcel of land not in compliance with this ordinance (except as provided in Section 4.03.13), violates or refuses to comply with, or resists enforcement of this ordinance or statutory requirements of F.S. chs. 125, 163, 177 shall be subject to the penalties specified in Section 2.06.01 of this ordinance.

The requirements of this ordinance are in addition to any applicable federal and state regulations.

4.03.02. Preliminary plat approval process.

Preapplication conference: Before preparing the preliminary plat, the developer may request a conference with the county engineer (CE) to discuss plans for a subdivision. If a preliminary plat is proposed for property that lies in whole or part within a Military Airport Zone or Public Airport Zone, as defined in Article 11, a preapplication conference is mandatory and shall be scheduled with the county engineer. The county planner and the military representative, who serves as an ex officio member of the local planning board, shall be notified of the preapplication conference.

Preliminary plat.

A preliminary plat of the proposed subdivision conforming to the design principles specified in Section 4.03.03 of this ordinance and the preliminary plat requirements specified in Section 4.03.04 of this ordinance shall be prepared for the developer by a registered land surveyor and registered engineer.

The developer shall file with the county engineer written application for approval of the preliminary plat with seven (7) copies of the preliminary plat and appropriate review fees as established by resolution of the BCC. The submittal shall include approval by the county office of HRS, [of] a development narrative describing the proposed stormwater management system, wetlands protection provisions, potable water supply, traffic impact and circulation. At the option of the developer, a copy of the covenants and restrictions may also be submitted for early review.

The county engineer shall date-stamp all copies and distribute appropriately. The distribution shall include the department of community development, planning and zoning for its review and comment.

The county engineer shall approve the preliminary plat for submission to the board of county commissioners for their approval or return it disapproved with written comments and/or marked prints within fifteen (15) working days from the date of submission of a complete application.

An applicant for a preliminary plat located in whole or part within a Military Airport Zone shall submit a copy of the plat and any supporting documents to the military representative who serves as an ex officio member to the local planning board at the time application is delivered to Santa Rosa County. The county engineer shall not approve or recommend to approve any preliminary plat until he has received and reviewed written comments prepared by the military representative.

4.03.03. General principles of design and minimum requirements for the layout of subdivisions.

In laying out a subdivision the developer shall comply with the following design principles and requirements:

Dedications.

Ingress and egress. A developer shall provide adequate ingress and egress to the tract to be subdivided, including all necessary roads, easements, swales and rights-of-ways, as well as drainage structures. An all-weather access shall lead to an established and publicly maintained road system. The developer shall prepare necessary deeds, agreements, and easements for the ingress and egress system and shall attempt to acquire such rights of easements. However, the county may assist in acquisition of such easements when such acquisition is in the public interest or governmental action is necessary to acquire the property and the developer advances all costs and expenses incurred by the county in taking such action.

Subdivision layout.

In addition to or as an extension of the demonstration of transportation concurrency required by Article 5 of this Ordinance, a traffic study must be provided which estimates trip generation, internal traffic volumes and circulation, and projected traffic volumes at external access points of the subdivision.

The traffic study shall project daily trip generation using the latest data available from the Institute of Transportation Engineers (ITE) Trip Generation manual.

Internal traffic volumes and circulation shall be estimated using modeling techniques and/or professional judgment and shall be approved by the Planning Director and the County Engineer.

Potential through traffic shall be included in the traffic study if construction of the subdivision will provide a connection between two existing streets.

The internal subdivision roadways and subdivision roadway layout shall be designed based on the functional classification of each roadway as defined in Article 3 of this Ordinance in accordance with the projected traffic volumes and circulation as demonstrated in the traffic study.

Residential streets shall not be designed to carry through traffic, except for when a residential street is required to continue an existing roadway as described in 4.03.03(B)(3)(a) below or to extend to a boundary line to provide interconnectivity as described in 4.03.03(B)(3)(c) below. Street patterns shall minimize the possibility of excessive vehicular travel but shall maximize, to the extent possible, the opportunity for alternate traffic routes to any given destination. Projected traffic volumes for residential streets shall not exceed 1,500 vehicles per day. Residential streets shall be designed according to the Santa Rosa County Subdivision Roadway Design Manual.

Residential collector streets shall be utilized when projected traffic volumes are greater than 1,500 vehicles per day, but no more than 2,500 vehicles per day. Whenever possible, residential access shall not be provided from a residential collector. If residential frontage along a residential collector is proposed and approved, the frontage shall be limited to the following:

Vehicles per Day (VPD)	1,800	1,800-1,999	2,000-2,200	2,200
Allowable Frontage*	20%	10%	5%	0%

*Listed as a percentage of total residential collector street length

Lots with frontage on a residential collector shall have a front setback of at least thirty-five (35) feet and shall have either a minimum lot width of one hundred (100) feet or shall utilize joint-use driveways, cross-access drives or private alleys to meet a minimum driveway spacing distance of one hundred (100) feet. Lots with side or rear yards on a residential collector do not count towards the frontage allowance specified above and shall have either a side or rear yard setback, respectively, of twenty-five (25) feet and shall not have access to the residential collector. Residential collector streets shall be designed according to the Santa Rosa County Subdivision Roadway Design Manual.

Minor collectors shall be utilized when projected traffic volumes exceed 2,500 vehicles per day but are no more than 5,000 vehicles per day. Platted residential lots shall not have access to a minor collector. Access to non-platted residential lots or non-residential lots may be provided in accordance with the Access Management provisions of Section 4.04.03(D). Minor collectors shall be designed according to the Santa Rosa County Subdivision Roadway Design Manual.

Major collectors shall be utilized when projected traffic volumes exceed 5,000 vehicles per day. Major collectors shall be designed using a four-lane section, as specified in the Santa Rosa County Subdivision Roadway Design Manual, when projected traffic volumes exceed 9,000 vehicles per day. Platted residential lots shall not have access to a major collector. Access to non-platted residential lots or non-residential lots may be provided in accordance with the Access Management provisions of Section 4.04.03(D), Major collectors shall be designed according to the Santa Rosa County Subdivision Roadway Design Manual.

Existing streets abutting or affecting the design of a subdivision or land development shall be classified according to its function, design, and use, and the projected impact of the development. The classification of existing streets shall take into account the hierarchy outlined in this section. Modifications to existing streets within or abutting a proposed subdivision may be required and must meet, to the extent possible, the design requirements of the Santa Rosa County Subdivision Roadway Design Manual.

Streets layout. The street layout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood. Specifically, the layout of subdivision roadways and external access points shall be based upon internal circulation and the projected internal traffic volumes of the subdivision, the possibility to connect to or extend existing roadways, the development potential of the adjacent property and surrounding vicinity, and the orderly development, operation, and preservation of the existing roadway network. This requirement shall apply to all proposed streets, including private streets.

Extension/continuation of existing roadways: Where appropriate to site geometry, projected traffic volumes and the classification of existing roadways, proposed streets shall be continuous and in alignment with and shall extend and continue existing, planned, or platted streets. The design of the extension required by the County will be based upon traffic circulation, proposed traffic volumes, the classification of the existing roadway, public safety issues and compatibility of adjacent land uses.

Minimum number of external access points: In a proposed subdivision of fifty (50) lots or more, there shall be at least two entrance streets into the proposed subdivision. If only one entrance is possible due to site constraints, a boulevard section shall be required as shown in the Santa Rosa County Subdivision Roadway Design Manual. The boulevard section shall extend to the first looped street or to the point where there are a maximum of fifty (50) lots beyond the termination of the boulevard. If access to individual lots is to be provided to the boulevard section, then pavement striping may be used in lieu of a raised median.

Extension of the roadway network to adjacent areas: In order to facilitate the extension of the roadway network to surrounding areas, roadways and roadway stub-outs shall be provided for in new development.

When a roadway extension is required under this provision, the right-of-way for the roadway shall be extended to the boundary of the property or other approved boundary for phased development and, at minimum, a roadway stub-out shall be required.

ii.

A roadway stub-out shall be constructed by extending the roadway payment and curbing to at least the terminus of the twenty-five (25) foot (minimum) radius of the extended roadway stub-out. If a roadway stub-out is extended beyond the depth of a single lot. A temporary turning circle shall be required at the end of that roadway with a minimum outside diameter of fifty (50) feet.

iii.

The roadway to be extended shall be constructed and classified in accordance with the following:

The development potential of adjacent parcels shall be calculated to determine the requirements of the roadway to be extended. Development potential shall be quantified by multiplying the size of the adjacent parcel by the greater of either the allowable density of the zoning or future land use of that parcel. When determining development potential, consideration shall be given to other existing or possible access points for the adjacent parcel and the overall traffic flow potential.

If the adjacent parcel(s) to which the roadway extends has the existing development potential to require a higher classified roadway than what would be required by the proposed development, then the right-of-way necessary for the higher classified roadway shall be extended through the property to the common boundary of the property and the adjacent parcel(s), and any applicable setbacks and/or parking restrictions shall be applied for the length of the roadway. However, the roadway shall be classified as determined by the projected traffic volumes for the proposed development only and any lot frontage restrictions will be based on that classification.

If the adjacent parcel(s) to which the roadway extends does not have the existing development potential to require a higher classified roadway than what would be required by the proposed development then the extension shall be constructed and classified as determined by the projected traffic volumes for that development.

Dedication of additional right-of-way: If an existing public or private street or other right-of-way easement is of insufficient width for the projected classification of the roadway and is parallel and contiguous with the boundary of a proposed subdivision, then right-of-way of a sufficient size to create a half-width right-of-way will be dedicated in the proposed subdivision along the entire boundary of the proposed subdivision. If an existing public or private street or other right-of-way easement traverses the proposed subdivision and is of insufficient width for the projected classification of that roadway, then right-of-way of a sufficient size to create a full-width right-of-way will be dedicated in the proposed subdivision along the entire length of the roadway. If the additional right-of-way required to continue the existing dedicated road or other easement in a continuous, orderly manner is not in the proposed subdivision, the developer will prepare the agreement or easement for dedicating the additional right-of-way required and will attempt to obtain such right-of-way. However, the County may assist in acquisition of such right-of-way when in the public interest or where governmental action is necessary to acquire the property and the developer advances all costs and expenses incurred by the County in taking such action.

Cul-de-sac length: A cul-de-sac or local dead-end street shall not exceed thirteen hundred and twenty (1320) feet in length.

Traffic calming: Streets shall be designed to incorporate traffic calming elements, to include roundabouts, median islands, speed tables, raised crosswalks, low speed curves and lateral shifts, in accordance with the following and as provided in the Santa Rosa County Subdivision Roadway Design Manual.

Traffic calming elements shall be required on residential streets, and residential collector streets where access is provided to residences, when the distance between speed control points is equal to or greater than 1,000 feet. For residential collector streets, the traffic calming elements shall only be located where residential frontage is provided.

ii.

Traffic calming elements shall be constructed as specified in the Santa Rosa County Subdivision Roadway Design Manual and the Florida Department of Transportation (FDOT) Roundabout Guide.

iii.

Speed bumps/humps or unwarranted stop signs are prohibited as traffic calming options and shall not be considered as speed control points.

iv.

Traffic calming is not permitted on major or minor collectors or on residential collectors where no access to residences is provided. However, roundabouts and median islands are permissible for these street classifications.

Sidewalks and bike lanes: Sidewalks and bike lanes shall be incorporated into the design of subdivision streets in accordance with requirements below and the requirements of the Santa Rosa County Subdivision Roadway Design Manual.

Sidewalks shall be constructed on one side of residential collector roads and on both sides of major and minor collector roads. Sidewalk construction shall be in accordance with the requirements of Section 4.03.06(E) of this Code. Sidewalks shall be located as specified in the Santa Rosa County Subdivision Roadway Design Manual.

ii.

Bike lanes shall be constructed on minor and major collector roads and shall be located as specified in the Santa Rosa County Subdivision Roadway Design Manual.

iii.

In order to promote pedestrian and bicycle connections from proposed developments to school sites. In addition to and in conjunction with the sidewalk and bike lane requirements of parts 1 and 2 above, sidewalks and bike lanes shall be required in the vicinity of schools as follows:

For developments which are adjacent to an existing or planned school site, the development must provide an acceptable pedestrian/bicycle route within the development and a direct pedestrian/bicycle connection to the school site. In addition, the pedestrian/bicycle route must be provided across the development's entire frontage along the corridor that serves the school. Additional connections to the school site are encouraged.

Within one-quarter (¼) mile of an existing or planned school site, an acceptable pedestrian/bicycle route must be provided within any proposed development. In addition, the pedestrian/bicycle route must be provided across the development's entire frontage along any corridor that serves the school.

Within two (2) miles of an existing or planned school site, developments which are required to provide sidewalks and/or bike lanes as provided in parts (i) and (ii) above must plan the pedestrian/bicycle network within the development to promote pedestrian/bicycle connections to the school site. In addition, the pedestrian/bicycle network must include a route across the development's entire frontage along any corridor that serves the school.

For the purposes of this section, the Santa Rosa County School District Five Year Facilities Work Program will be used to determine the location of planned schools sites.

Blocks:

Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, unless prevented by exceptional topography or other physical conditions. In the case of primary and secondary highways and collector streets, where it may be desirable to limit direct access to those roads, through lots may be approved provided that a suitable non-access easement is recorded on that portion of the lots directly adjacent to the primary, secondary, or collector street. The length of blocks shall not exceed one thousand three hundred twenty (1320) feet.

In any block over six hundred (600) feet in length and where necessary for a school or other pedestrian generator, the County Engineer (CE) may require that a pedestrian way, not less than twenty (20) feet wide, be dedicated near the center and entirely across such block.

Minimum right-of-way widths of streets, alleys, and easements for utilities and drainage.

Highways and primary thoroughfares, not less than one hundred (100) feet wide.

Local streets, easements, and temporary cul-de-sacs or dead-end streets; sixty (60) feet, curb and gutter streets; fifty (50) feet.

Turning circles (permanent) at the end of cul-de-sacs or dead-end streets; one hundred (100) feet.

Easements for utilities, where required, shall be at least fifteen (15) feet wide, and shall be centered on rear or side lot lines, where practical.

Alleys shall be platted to a width of not less than thirty (30) feet.

Drainage easements shall be platted to a width of twenty (20) feet or more if required according to Section 4.03.07(E)(7).

Vertical clearance over subdivision roadways shall be a minimum of 14′6″.

Minimum pavement width. The portion of pavement required to be installed at the developer's expense is set forth below, provided that the developer shall not be responsible for paving on any nonaccess highway or primary thoroughfare, secondary or collector street which has been accepted for maintenance by the Board of County Commissioners. If the road was not accepted for maintenance by the Board of County Commissioners, the developer shall bring the road into compliance with County standards. The developer shall bring the road in compliance with County standards as determined by the CE.

Streets. For residential streets, twenty-four (24) feet in width, excluding curbing. For all other street classifications, the minimum required width shall be as provided in the Santa Rosa County Subdivision Roadway Design Manual, but shall be no less than twenty-four (24) feet in width, excluding curbing. If soil and topographic conditions indicate that drainage problems will be created or aggravated, satisfactory drainage control (which may include curb and gutter) shall be required. The determination of whether drainage problems will be created or aggravated will be made by the County Engineer (CE).

Turning circles. The pavement of a turning circle at the end of a cul-de-sac or dead-end street shall have a minimum outside diameter of sixty (60) feet with a return radius of twenty-five (25) feet.

Alleys. Alleys, if approved by the CE, shall be paved to a width of eighteen (18) feet.

One-way street. Sixteen (16) feet in width, excluding curbing.

Intersections.

Proposed street pavements shall intersect one another within ten (10) degrees of right angles as topography and other limiting factors of design permit, and shall be rounded by a radii of twenty-five (25) feet. The CE may require larger radii at intersections with arterial and collector streets.

Street right-of-way intersections shall be rounded by radii of twenty-five (25) feet minimum. The CE may require larger radii at intersections with arterial and collector streets.

All development proposals shall provide turning lanes as required according to county specifications and shall be coordinated with the Florida Department of Transportation, as appropriate.

Lots. Every lot shall conform with the appropriate requirements of Article 6 of this Code and with the following:

Platted residential lots may only have a side or rear yard on an existing collector or arterial roadway as defined in Article 4.04.03(D).

Access to proposed non-residential lots or outparcels must be provided in accordance with the provisions of Article 4.04.03(D).

A platted subdivision may not exclude land from the plat which is under common ownership and is located along an existing collector or arterial roadway as defined in Article 4.04.03(D).

Design innovations. Upon receipt of certification by developer's registered professional engineer, the CE may recommend to the Board of County Commissioners experimental methods in the design of a subdivision and in installation of improvements. Where such experimental methods and design innovations are authorized, the developer may be required to post a maintenance bond, or equal, covering any maintenance for improvements which may be accepted by the County. Such bonds shall become effective upon acceptance of the Final Plat and shall be in an amount determined by the CE to be sufficient to cover up to one hundred (100) percent of the initial cost of the improvements. Maintenance bonds, or equal, shall run for a period determined by the CE of no less than one (1) year on street paving, water, sewer or storm drainage improvements.

Nonresidential subdivisions. Nonresidential subdivisions are restricted types of planned industrial/commercial developments, districts or parks. Each shall be developed according to a comprehensive plan which shall include detailed provisions for types of industries, public access, access streets, interior streets, truck loading docks, off-street parking, traffic circulation, drainage, utilities including fire protection, waterfront facilities if appropriate, and proposed covenants and restrictions. Covenants and restrictions shall be incorporated as legal requirements in deeds of sale or leases, and provide for effective control of the land, buildings and industrial/commercial operations which the nonresidential subdivision is designed to attract. Block planning and phase development may be included in the comprehensive plan.

The comprehensive plan for a nonresidential subdivision with supporting documents shall be reviewed by the CE and Planning Director. The CE may recommend to the Board of County Commissioners modifications from the standard terms of the Subdivision Regulations with conditions and safeguards which will secure substantially the objectives of this ordinance while providing flexibility for development. If approved, any modifications from the standard terms of this ordinance shall be noted on the Final Plat prior to recording.

Improvements within a nonresidential subdivision may be governed by the approved comprehensive plan rather than by other standards specified in this ordinance. After approval, no changes may be made in the approved comprehensive plan except that minor variations, extensions, alterations or modifications consistent with the purposes and intent of the approved comprehensive plan may be authorized by the Board of County Commissioners on the recommendation of the CE. All other modifications of the approved comprehensive plan shall require the same procedures as the original approval.

Planned Unit Developments. Where a development is submitted as a Planned Unit Development (PUD), the applicant shall submit a comprehensive development plan and supporting documents indicating the concepts and methods of development to be used.

After detailed study of the PUD, the CE may meet with the developer to conduct a project review which should include, but not be limited to, the following subjects:

Provisions for necessary improvements such as water, sewer, storm drainage and traffic circulation.

Location and dimensions of all right-of-way for streets, pedestrian ways, utilities, water courses, green ways and easements, as well as proposed subdivision of land.

Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public or semi-public uses.

Covenants, conditions, restrictions, agreements and grants which govern the use, maintenance and continued protection of the Planned Development in any of its common areas.

Specified standards applicable to various portions of the Planned Unit Development including modification of subdivision standards approved by the CE.

After study and review of the comprehensive development plan, the CE shall make appropriate recommendations to the Board of County Commissioners. If approved, any modifications from the standard terms of the Subdivision Ordinance shall be noted on the Final Plat prior to recording. All construction of improvements within the Planned Unit Development will be governed by the approved comprehensive plan, rather than by other standards specified in this ordinance. However, all roads must be curbed and paved and said requirement shall not be waived. After approval, no changes may be made in the comprehensive development plan except that minor variations, extensions, alterations or modifications of structures or other improvements which are consistent with the purposes and intent of the improved comprehensive plan may be authorized by the Board of County Commissioners on the recommendation of the CE. All other modifications of the comprehensive development plan shall require the same procedures as the original Planned Unit Development plan approval.

Wetlands development.

Where the permanent water table is less than two (2) feet below ground surface, or is uncertain, the CE shall require a typical boring for each lot in a proposed subdivision. These heights shall be shown on the Preliminary Plat and shall be certified by the developer's registered professional engineer.

No building shall be constructed on a lot in a subdivision where the permanent water table is less than two (2) feet at the building site on that lot unless a special engineering report is submitted and so noted on the construction plans. The report as prepared by a registered engineer shall address subsurface conditions and construction methods to ensure provision of adequate foundations and safe, stable construction of all buildings, driveways, streets, sewage disposal/collection systems in the subdivision.

If a special engineering report is required, no building permit shall be issued for any construction except in conformity with the requirements of that report. A copy of the special engineering report shall be transmitted to the County Building Official by the CE after approval of the construction plans by the Board of County Commissioners.

Note: The measurements of the water table referenced in subparts 1 and 2 above, do not constitute the definition of wetlands within Santa Rosa County.

If a special engineering report is required, the book and page number where it is filed in the official records of the county shall be noted on the face of the final plat.

The developer who submits a preliminary plat of a proposed subdivision or any part thereof to be platted in a wetland area as defined by the Florida Department of Environmental Protection, or the U.S. Army Corps of Engineers, shall:

Comply with all relevant rules and regulations promulgated by regulatory agencies (including Chapter 17-312, F.A.C.) and show proof of such compliance.

Provide information on natural water courses. A natural water course (live flowing creek) shall be shown on the preliminary and final plat. The existence of control and regulation of the Florida Department of Environmental Protection, EPA or the Army Corps of Engineers over such areas shall be approximately shown or noted on the Preliminary and Final Plat. The parties responsible for the wetlands delineations shall be identified on the preliminary plat.

Comply with the State Department of Health and Rehabilitative Services, Chapter 10D-6, Standards for Individual Sewage Disposal Facilities, if applicable, and show proof of such compliance.

The preliminary plat shall be accompanied by a comprehensive development plan and supporting documents, copies of necessary permits, etc. The preliminary plat and comprehensive development plan shall be submitted to the CE. The CE shall meet with the developer to conduct a project review, which should include but not be limited to the following subjects:

(1)

Provisions for necessary improvements such as, water, sewer, and storm drainage.

(2)

Location and dimensions of all rights-of-way for streets, pedestrian ways, utilities, water courses, greenways and easements, as well as proposed subdivision of the land.

(3)

Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public or semipublic uses.

(4)

Covenants, conditions, restrictions, agreements, permits which govern the continued protection of the wetlands in which the proposed subdivision is located.

Prior to the approval of the final plat, all residential lots shall have, in place, adequate upland access areas and adequate upland building areas conforming to appropriate setbacks to accommodate standard construction methods for driveways, dwellings, and on-site wastewater disposal systems as required.

After study and review of the comprehensive development plan, the CE shall make appropriate recommendations to the board of county commissioners. All construction of improvements within the subdivision shall be governed by the approved comprehensive plan. After approval, minor variations, extensions, alterations or modifications of structures or other improvements which are consistent with the purposes and intent of the approved comprehensive plan may be authorized by the board of county commissioners on the recommendation of the CE. All other modifications of the comprehensive development plan shall require the same procedures as the original plan approval.

Special residential subdivision design standards applicable to Military Airport Zones (MAZ).

If the proposed residential subdivision is located within the NAS Whiting Field, Harold, Pace, Site X, and Choctaw (southwest area only) MAZs, and is twenty (20) acres or greater in size, the cluster subdivision design standards detailed below apply unless a minimum lot size of five (5) acres is maintained. If the proposed subdivision is located within the Santa Rosa MAZ, and is twenty (20) acres or greater in size, the cluster subdivision design standards apply unless a minimum lot size of four (4) acres is maintained.

Cluster subdivision standards.

(a)

Any proposed division of land for residential development, unless otherwise exempt, shall be designed in a manner that places residential lots away from military installation property lines. Accident potential zones, and clear zones while leaving a conservation or agriculture preservation area between proposed residential lots and the military installation. Directing the location of residential lots to portions of a parcel furthest from a military installation can be achieved by clustering as described in (e) below.

(b)

Agricultural preservation or conservation easements. For any proposed subdivision in which single family residential development is allowed, at least fifty (50) percent of the property appearing in the subdivision plan shall be preserved in a single contiguous agricultural preservation or conservation area. For properties abutting the military installation, the agricultural preservation or conservation area shall include all portions of the property abutting the military installation. To reduce potential threat to public safety and welfare from air and ground activities associated with the military installation, the shape and delineation of the designated agricultural or conservation area shall take into consideration proximity to accident potential zones, clear zones, sixty-five (65) decibel (DNL) Noise Zones, military installation property lines, landing and take-off flight paths, as well as the location of ground activities and buildings within the military installation.

(c)

Dedication of conservation or agricultural preservation area. The proposed subdivision plan shall dedicate the agricultural preservation or conservation area through an easement or tract appearing within the recorded final plat.

(d)

Permissible uses within designated agricultural preservation or conservation areas. For those portions of a proposed cluster subdivision plan assigned as a conservation or an agricultural preservation area, permissible uses shall be limited to silviculture, cattle grazing, or similar agrarian uses: for recreation activities such as subdivision parks, golf courses, publicly-owned parks or sports facilities, or similar outdoor recreation activities; and infrastructure necessary to support the clustered development such as roadways and dry stormwater ponds.

(e)

Residential density and lot size. Residential density assigned to the conservation or agricultural preservation area is allowed to be clustered onto the residential portion of the proposed subdivision. Where residential density is clustered onto the residential portion of the subdivision plan, the maximum density for the residential area shall not exceed the density allowed by zoning for the entire land area of the proposed subdivision, which includes the agricultural preservation or conservation area. [For example, a two hundred (200) acre property with an assigned residential density of one (1) unit per acre could develop with a maximum of two hundred (200) units, subject to other provisions of the County's Code and comprehensive plan. All two hundred (200) units would be placed on the portion of the property not assigned as a conservation or agricultural preservation area.]

Except on the perimeter of a clustered subdivision, minimum lot size are not established. On the perimeter of a clustered subdivision where the parcel abuts an Agriculture zoning district, a minimum lot size of twenty-one thousand seven hundred eighty (21,780) square feet (one-half (½) acre) is required. In all cases, the setback requirements of the zoning district will apply.

When a cluster subdivision project involves split zoning designations, the gross density of the overall project area located within the MAZ may be transferred within the overall project area, provided that all dwelling units are clustered as described above. Densities may be transferred within or outside of the MAZ, but may not be transferred into the MAZ.

(f)

Parcels straddling MAZ boundary. For parcels straddling the MAZ boundary of the NAS Whiting Field MAZ, residential lots should be clustered to that the portion of the parcel situated outside the MAZ boundary whenever possible.

Number of residential units per lot. Notwithstanding the density limitations detailed above, one (1) dwelling unit may be constructed or placed upon lot of record as of April 14, 2005.

4.03.04. Preliminary plat requirements.

Preliminary plat preparation. The preliminary plat of a proposed residential or nonresidential subdivision shall be prepared and sealed by a land surveyor and engineer. The sheet size shall be twenty-four (24) inches × thirty-six (36) inches.

Vicinity map. A vicinity map of a minimum scale of one (1) inch = four hundred (400) feet shall appear on the face of the preliminary plat. A larger scale may be used if the size and location of the development require it. Such a vicinity map shall show all adjacent existing subdivisions and their names, the tract lines of acreage parcels of land, and all street and alley lines immediately adjoining the proposed subdivision, and between it and the nearest highway or thoroughfares. The map shall be referenced to easily recognized physical features.

Scale. The minimum horizontal scale of the preliminary plat shall be one hundred (100) feet to the inch.

Preliminary plat information. The preliminary plat shall include and show the following features and information:

The name of the proposed subdivision, including street names, which shall not duplicate or closely approximate the name of any other subdivision or street in the county as determined by the Santa Rosa County Civil Defense Director.

The names and addresses of the owners of record, the developer, the engineer and the land surveyor who prepared the plat. Also, the telephone numbers of the developer, engineer and land surveyor are required.

Legal description of the property, which is so complete that from it, without reference to the plat, the starting point and boundary can be determined. The description should be referenced to the section township, and range as applicable. If in a land grant, the plat will so state. The initial point in the description shall be tied to the nearest government corner or other recorded and well established corner, section lines and forty (40) acre section lines occurring in the platted land shall be indicated by lines drawn upon the plat, with appropriate words and figures.

The boundary lines, based on an accurate survey in the field, of the tract to be subdivided. Recording or survey discrepancies of adjoining or referenced tracts are to be shown in detail.

The location, widths and names of all existing or platted streets or roads and all easements within and immediately adjacent to the tract and other important features such as water courses, railroad lines, wetlands, zoning, apparent land use, etc.

Existing sewers, water mains, culverts with pipe sizes and other underground structures within and immediately adjacent to the tract.

The names, lot lines, rights-of-way and recording data (plat book and page) of adjoining subdivisions.

Contours with intervals of one (1) foot, or as needed for clarity, referenced to USC&G datum.

The layout and widths of proposed rights-of-way, alleys and easements and the layout, number and approximate dimensions of proposed lots including the area of each in square feet.

10.

Where the height of the water table is less than two (2) feet below ground level or is uncertain and the CE requires a typical boring for each lot, these heights shall be shown.

11.

Proposed front yard building setback and note all other setback lines.

12.

All parcels of land intended to be dedicated or reserved for public use; to be reserved in the deeds for the common use of property owners in the subdivision, or to be reserved for the common ownership of property owners in the subdivision; with the purposes, conditions, or limitations of such dedication or reservation indicated.

13.

North-point, scale, and date.

14.

Copies of any proposed covenants and restrictions which are to be filed with final plat, but which the developer desires to submit for early examination and review.

15.

Proposed direction of flow, retention and distribution of stormwater in accordance with county, state, and federal laws, ordinances and regulations.

16.

Special flood hazard areas shall be shown where the proposed subdivision or any part thereof is in an area subject to one hundred (100) year flooding.

17.

Postal addresses will be obtained from the Santa Rosa County Civil Defense Department.

18.

Zoning classification including adjacent properties.

19.

The location of any protected trees within the subdivision, if required.

20.

Proposed streets, with typical cross-sections, shall be shown.

21.

Military Airport Zones and Public Airport Zones. If the plat, either part or whole, lies within any Military Airport Zone, Public Airport Zone, Clear Zone, Runway Protection Zone, or Accident Potential Zone, the boundaries of such zone shall be delineated on the plat. If the entire plat lies inside any such zone, the plat shall incorporate a statement that declares all property within its legal description lies within the applicable zone. If contiguous property is owned by a military installation or public airport, the name of the installation or airport shall be so designated.

Any plat, or portion thereof that lies within any Military Airport Zone, Public Airport Zone, Clear Zone, or Accident Potential Zone shall include substantially similar language as that appearing in the following statement, as may apply to the property:

"On the date this plat was recorded, all or a portion of the property appearing within this plat lies within a Military Airport Zone, Public Airport Zone, Runway Protection Zone, Clear Zone, or Accident Potential Zone. Use of or construction upon lands or waters within this plat may have additional restrictions set forth in ordinances of the Santa Rosa County Board of Commissioners or in covenants recorded in the official records of the Clerk of the Circuit Court for Santa Rosa County."

Military Airport Zone and Public Airport Zone Code, covenants, and restrictions. Any residential subdivision located in whole or part within a Military Airport Zone or Public Airport Zone, as defined in Article 11, shall submit a codes, covenants, and restrictions document that requires a property owner of property located within a Military Airport Zone or Public Airport Zone, to disclose to any prospective buyer or tenant the property's proximity to a military installation or public airport. The codes, covenants, and restrictions shall be recorded concurrent with the recording of the plat. Sample language for inclusion in such codes, covenants, and restrictions, will be provided to the applicant by the planning and zoning department.

4.03.05. Subdivision construction plans approval process (required improvements).

After approval of the preliminary plat, the developer shall submit to the county engineer three (3) sets of construction plans conforming to the requirements of Section 4.03.06 of this ordinance with a letter requesting approval and appropriate review fees as established by resolution of the board of county commissioners. A complete set of drainage plans must be included in the construction plans, as well as a geotechnical report, prepared by a registered engineer, with technical specifications, drainage calculations and erosion control plans, in accordance with the requirements of Section 4.03.07 of this ordinance.

The procedure for approval of the construction plans shall be the same as the procedure for approval of preliminary plats as set forth in Section 4.03.02 above.

4.03.06. Construction plans—Minimum requirements.

Construction plans for improvements to be installed shall be prepared by an engineer, whose embossed seal shall appear on such plans. Design shall meet the requirements of the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, Florida Department of Transportation as amended. Complete detailed drainage and erosion control plans shall be included. A vicinity sketch referenced to an easily recognized land mark shall be included. All sheets of the construction plans shall be twenty-four (24) inches × thirty-six (36) inches in size. These plans shall be revised as necessary and shall be approved by the CE, following receipt of all required regulatory agency permits, before improvements are installed:

Plans and profiles. Plans and profiles of each proposed street, including private streets, at a horizontal scale of fifty (50) feet or less to the inch, and vertical scale of five (5) feet or less to the inch, with existing and tentative grades indicated; including plans and profiles of proposed sanitary sewers, swales, water mains, storm sewers, with grades, length and sizes indicated for each.

Streets and utilities. Typical cross sections of each proposed street, including private streets, at a horizontal scale of ten (10) feet or less to the inch, and vertical scale of five (5) [feet] or less to the inch at a minimum interval of one hundred (100) feet of [or] less, showing the width of pavement, the rights-of-way, the location and width of sidewalks when installed, and the location of the utility mains, storm sewers, swales and existing grade. The CE may reduce the required number of cross sections in subdivisions utilizing curb and gutter.

Grading. A complete grading and erosion control plan shall be submitted to the CE as part of the construction plans.

Bench marks. A minimum of three (3) bench marks referenced to USC&G datum shall be shown on the plans and record plats, not more than fifteen hundred (1,500) feet apart. Bench marks shall not be required at closer intervals than six hundred (600) feet. Plans shall indicate the location, elevation and description of all bench marks to include section, township, and range reference with departures and distances to location.

Sidewalks. All sidewalks constructed in Santa Rosa County shall meet the following requirements:

All sidewalks shall be constructed with two (2) percent cross slope maximum.

The minimum width of sidewalks shall not be less than five (5) feet.

The sidewalk shall not be less than four (4) inches thick. At driveways a minimum thickness of six (6) inches or four (4) inches with woven wire fabric reinforcement shall be required.

All sidewalks shall be constructed with one-fourth (¼) inch in twelve (12) inches slope.

One-half (½) inch expansion joints shall be at thirty (30) foot intervals or less, with control joints at ten (10) foot intervals.

Location of proposed improvements such as sidewalks, bikeways, or bridle paths shall be included on construction plans.

If sidewalks are required or proposed along lot frontages, the sidewalks shall be constructed at the time of home construction for each residential lot. In all other locations where sidewalks are required or proposed, the sidewalk shall be constructed by the Developer during the installation of subdivision improvements.

Sidewalks shall be constructed to the requirements of the latest editions of the Florida Pedestrian Facilities Planning Design Handbook; the Manual on Uniform Traffic Control Devices (MUTCD); the appropriate indices of the Florida Department of Transportation (FDOT) Design Standards for Design, Construction, Maintenance and Utility Operation on the State Highway System and The Manual of Uniform Minimum Standards for Design. Construction and Maintenance for Streets and Highways (the Florida Greenbook).

Drainage plans. 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 one hundred (100) year, 24-hour storm event. The calculations and plans shall be in accordance with specifications as required by the CE, 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 twenty-four (24) hour, one hundred (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 one hundred (100) year critical duration storm. The C.E. may decrease the allowed release rate for those developments which have documented significant downstream stormwater impacts to predeveloped stormwater runoff rate from a ten (10) year storm. The C.E. may reduce the detention storage requirement for developments that provide a direct stormwater discharge to the Gulf of Mexico, Santa Rosa Sound, Escambia Bay, East Bay, Blackwater Bay, East River, Yellow River and Blackwater River and provide 1" retention volume and recovery. Storm events and duration shall be based on FDOT, Zone 1, rainfall intensity duration curves. The plans shall include all necessary calculations and documentation demonstrating the adequacy of the facilities to accommodate off-site and on-site stormwater runoff contributions. The C.E. 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 twenty-four (24) hour, one hundred (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 final plat.

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 seventy-two (72) hours, and the entire retention volume will be recovered within three hundred sixty (360) hours. Only the pond bottom surface area is to be considered the infiltration area. A safety factor of 2 is to be used when determining the design percolation rate.

Stormwater treatment basins.

All treatment basins intended for public ownership shall be fenced in accordance with Santa Rosa County fence standards with adequate access provided for County maintenance.

Underdrain and side drain systems shall be in conformance with FDEP criteria and shall be designed to percolate and filter the one (1) inch retention volume in thirty-six (36) hours.

One-half (½) foot of freeboard, above the maximum calculated highwater elevation for the applicable design storm, shall be provided in all ponds.

Basins with bank slopes designed to be steeper than 3:1 or with impoundments greater than eight (8) feet in height, as measured from the lowest point on the downstream toe, to the design top elevation of the pond, shall be considered on an individual basis. Design criteria shall be in accordance with sound engineering practice and the approval of the CE will be required.

Wetland detention. Current stormwater attenuation requirements may be permitted by wetland dispersion provided all of the following conditions are demonstrated:

All related documents shall be signed and sealed by a registered Florida Professional Engineer;

The county's one (1) inch retention volume shall be provided in accordance with Section 4.03.06 and 4.04.03 of the Land Development Code;

The wetland to be utilized for stormwater attenuation must be wholly controlled by the entity seeking approval of the proposed developments;

An acceptable conservation easement must be provided and recorded to ensure that future development will not encroach into areas utilized to meet the stormwater attenuation requirement;

The Project Engineer must provide adequate documentation and evidence including narratives, calculations, maps, details, and applicable assumption for the CE's review and approval;

All down gradient modifications required for the attenuation criteria must be included as a part of the construction/site plan approval process; and

All state and federal wetland regulations must be met and evidence of required permits or exemptions must be provided prior to the issuance of a development order by the CE.

Velocity of runoff. Maximum velocity of drainage in open unpaved channels shall not exceed three (3) feet per second.

Open ditches or swales. The use of open ditches or swales may be allowed provided the following conditions are met:

In easements.

(1)

All ditches and/or swales shall be stabilized, grassed or paved. If the easement is county maintained, all swales therein shall be concrete with a rough-raked finish regardless of velocities.

(2)

Bank slopes shall be six (6) to one (1) or flatter, unless permanent concrete stabilization is provided.

(3)

Velocity of water shall not exceed three (3) feet per second in grassed swales or six (6) feet per second in paved ditches. Velocities greater than six (6) feet per second may be allowed with appropriate energy dissipates.

In road rights-of-way.

(1)

Swales shall be kept to a minimum depth.

(2)

Bank slopes shall be six (6) to one (1) or flatter with a four (4) foot shoulder at a slope of .06' to 1'.

Minimum slopes. The minimum slope for ditches, roadway center lines, swales, and gutters shall be three-tenths (.3) percent.

Final construction drawings. After installation of improvements, the developer shall submit a letter requesting County acceptance of such improvements for maintenance along with two (2) sets of certified final construction drawings, a Mylar of the drainage systems, certified test results for subgrade, base and asphalt densities, pavement thickness and the developer's engineer's certification to the county for construction, improvements, unless previously submitted to the CE. The CE will cause a physical inspection of the improvements to be accomplished and will approve them or disapprove them as set forth in full in Section 4.03.07. Upon his approval, the CE will forward his letter, together with any recommendations produced by the road and bridge department and accompanying drawings to the board of county commissioners which shall, in any event, act to approve, accept, or reject the improvements within thirty (30) days of the submittal of the approved system for acceptance.

Finished floor elevation.

Minimum finished habitable floor elevations (excluding basements) shall be eight (8) inches above finished grade. If no sod is installed, elevation shall be ten (10) inches above finished grade. Finished grade shall be sloped downward from the foundation two and one-half (2½) inches within ten (10) feet or less including sidewalks, patios and driveways and then sloped a minimum one-sixteenth ( 1/16 ) inch per foot to a positive drainage outfall.

Minimum finished habitable floor elevations (excluding basements) shall be eight (8) inches above finished grade. If no sod is installed, elevation shall be ten (10) inches above finished grade. Finished grade shall be sloped downward from the foundation six (6) inches within ten (10) feet or less, including sidewalks, patios and driveways, and then sloped a minimum one-sixteenth ( 1/16 ) inch per foot to a positive drainage outfall.

In areas determined by Santa Rosa County to be flood-prone with documented highwater elevations, a minimum finished habitable floor elevation of eighteen (18) inches above the highwater mark will be established by the county engineer. Finished floor elevation requirements shall be verified prior to issuance of a certificate of occupancy by a certified elevation letter from a registered land surveyor or registered engineer.

These regulations are adopted to attempt to reduce flooding to habitable areas of single family residences. It is recognized that no regulation will guarantee that such flooding will not occur. These regulations shall not be construed to impose any duty or liability against Santa Rosa County in relation to the enforcement of these regulations or in relation to any flooding which may occur.

4.03.07. Minimum requirements for the installation of improvements in subdivisions.

General.

All of the improvements required under this ordinance shall be constructed according to plans approved by the CE with respect to construction details, subject to inspection and certified testing lab data supplied by the developer.

Road and street construction. Rights-of-way and drainage easements shall be cleared as required and left in a clean and neat condition and shall be sprigged with grass or shall otherwise be protected as required by the CE. Standard Specifications, where referred to herein, shall mean "Standard Specifications for Road and Bridge Construction, Florida State Department of Transportation," as they may be amended from time to time. Applicable sections of the Standard Specifications shall apply to all streets. These specifications are on file with the CE.

Subgrade. Subgrade stabilization shall be done in accordance with applicable portions of the Standard Specifications. Unsuitable materials such as stumps, roots, muck, etc., will be removed to at least a depth of two (2) feet below the subgrade. The subgrade and shoulders shall be stabilized to a depth of six (6) inches and to the width of three (3) feet beyond the curb or pavement edge as appropriate. The stabilized area shall be free of muck, roots and other objectionable materials. The subgrade and shoulders shall be stabilized to obtain a minimum Limerock Bearing Ratio of forty (40) and compacted to a minimum of ninety-six (96) percent and an average of ninety-eight (98) percent of maximum density as determined by modified AASHTO T180.

Excavation and embankment. Excavation and embankment shall be done in accordance with the appropriate section of the Standard Specifications to lines and grades indicated in the construction plans.

Concrete curb and gutter. All roads shall be constructed with concrete curbs. Concrete curb and gutters or lay back curb and gutter shall be required in subdivisions with lot widths less than one hundred ten (110) feet.

Forms may be wood or metal having a depth of not less than six (6) inches. These shall be set using sufficient supports to hold the concrete without moving.

Contraction joints shall be constructed every ten (10) feet but no section shall be less than four (4) feet long. Steel templates shall be used for these joints and withdrawn after the initial set. At intervals not to exceed fifty (50) feet and at all structures and inlets and at all radius points, a one-half (½) inch full-depth expansion joint shall be constructed of an approved material. Expansion joints shall be constructed with preformed expansion joint materials cut and shaped to the cross-section of the curb.

Compressive strength for the concrete shall not be less than two thousand, five hundred (2,500) pounds per square inch (PSI) at the end of twenty-eight (28) days. No concrete shall be placed when the air temperature is forty (40) degrees Fahrenheit and falling. Curing methods shall conform to the appropriate section of the Standard Specifications.

Machine placement of concrete curb and gutter may be allowed with the approval of the CE, provided that an acceptable finished product, true to line, grade, and cross section, is consistently produced.

Base. Base shall be constructed of the materials shown on the plans, which materials shall conform to the specifications below and as approved by the CE. Thickness and density of the base shall be measured under direction of the CE at intervals of not less than two hundred (200) feet, in holes through the base of not less than three (3) inches in diameter. Where the compacted base is deficient by more than one-half (½) inch, the contractor shall correct such areas by scarifying and adding material for a distance of one hundred (100) feet in each direction from the edge of the deficient area, and the affected area shall be brought to the required state of compaction and to the required thickness and cross section. Where the estimated wet season water table (per geotechnical report) is less than two (2) feet below the bottom of the subgrade, waterproof graded aggregate base material and/or underdrains will be required.

Sand-clay base. The material shall conform to the appropriate section of the Standard Specifications and shall be primed and constructed according to the appropriate section of the Standard Specifications.

Shell stabilized base. The materials shall conform to the appropriate section of the Standard Specifications and shall be primed and constructed according to the appropriate section of the Standard Specifications.

Limerock stabilized base. The material shall conform to the appropriate section of the Standard Specifications and shall be primed and constructed according to the appropriate section of the Standard Specifications.

Sand-asphalt base. The material used shall conform to the appropriate section of the Standard Specifications and shall be tacked and constructed in accordance with the appropriate section of the Standard Specifications.

Soil cement. The material used shall conform to the appropriate section of the Standard Specifications and shall be primed and constructed in accordance with the appropriate section of the Standard Specifications.

Type SP-12.5 surfacing asphalt. An asphaltic-concrete surface material one and one-half (1.50) inches thick after compaction shall be required on all roads. The surface shall be Type SP-12.5 Asphaltic Concrete and shall meet all specifications as given in the appropriate section of the standard specifications, or equivalent, as determined by the CE. The surface shall be constructed in accordance with the appropriate section of the standard specifications.

Other surfacing. Other materials may be used, subject to approval of specifications by the CE.

Inspection. During the construction, a field inspection of each phase will be made by the CE, or his designee. It is the developer's responsibility to notify the CE twenty-four (24) hours before a phase of construction will be ready for inspection and testing.

Required inspection notifications.

Erosion control measures.

Subgrade.

Base and prime.

Curbing and pavement.

Pipe after joints are cemented or secured.

Pipes at backfill.

Headwall—Footings.

Final.

Street name markers and traffic control devices. Street name markers and traffic control devices shall be installed in accordance with specifications of the CE available in the engineering department.

Water supply and sewerage.

Non-county operated systems.

Water distribution system. Where a central system is provided, the subdivision shall be provided with a complete water distribution system, including fire hydrants, on water lines adequate to serve the area being platted. In areas that have, or plan to have, two (2) or more dwelling units per acre, a distribution system capable of delivering the equivalent of a six (6) inch PVC pipe shall be installed and connected to an existing six (6) inch water main (or larger). Nominal six (6) inch hydrants with standard hydrant threads shall be installed at not greater than eight hundred (800) feet spacing.

Sewage system. In every subdivision, provision shall be made for the satisfactory disposal of sanitary sewage. Where a sewer utility system exists or will exist upon completion of the subdivision, within one-half (½) mile of the subdivision, a central sewer collection system to serve the development shall be installed by the developer for connection to the sewer utility system. The developer shall be responsible for construction of the first one-fourth (¼) mile of the sewer system from the development. The developer shall only be responsible for construction of a sewer system with a capacity meeting minimum standards for the capacity generated by the development. The utility shall be responsible for construction or funding of the construction of up to but not exceeding one-fourth (¼) mile of additional line if necessary. However, the utility shall be responsible for construction costs only to the extent such costs do not exceed the dollar amount of sewer taps to be generated from the subdivision.

The utility may satisfy its obligation, as set out in this subsection (b.), by crediting to the developer a number of sewer taps, equal in value to the cost of constructing any necessary line extension not to exceed one-fourth (¼) mile sewer system construction, or its obligation may be satisfied by any other mutually agreed upon arrangement between the developer and the utility. In the event the utility exercises its right to satisfy its obligation by the crediting of taps, the developer shall be responsible for constructing the one-half (½) mile of sewer system.

If the cost of constructing the sewer system extension to the utility involves extraordinary costs such as water way crossings, wetland crossings, extensive land clearing, etc., the developer or the utility may petition the Board of County Commissioners for an exemption from the requirement to connect the subdivision to utility.

If the developer constructs the system beyond the first one-fourth (¼) mile, then the utility shall within thirty (30) days of the developer completing the construction, credit the developer the required amount with cash or sewer taps in cash equivalents.

Minimum standards for sewer lines shall be as follows:

Gravity lines—Eight (8) inches.

Force mains—Four (4) inches.

The determination of whether a sewer utility system will exist upon completion of the subdivision shall be made at the time of preliminary plat approval. In conjunction with the submittal of preliminary plat, the developer shall submit a letter from the franchised sewer utility committing whether or not a sewer utility system will exist within one-half (½) mile of the subdivision upon completion of construction. All determinations shall be effective for a one (1) year period. If a final plat has not been submitted within one (1) year of a determination, a new determination of whether a sewer utility system will exist upon completion of construction of the subdivision will be made.

All proposed subdivisions to be platted in the unincorporated areas of Santa Rosa County south of East River, and on Garcon Point are subject to the following:

A sanitary sewer collection system shall be permitted through the local utility and the Florida Department of Environmental Protection (FDEP). The systems shall be installed along with the other required improvements. Each lot shall be served by gravity flow into the central collection system.

In areas other than Garcon Point, where sanitary sewer is not currently available due to the lack of system capacity, a "Dry Collection System" shall be permitted and installed in accordance with the local utility and FDEP requirements. Permits for construction of residential structures can be issued for subdivisions with Dry Collection Systems provided the following conditions are met:

An onsite disposal permit is issued by HRS,

The "onsite" disposal system is constructed entirely on property other than the lot for which the residential structure permit is sought,

An easement is provided allowing the exclusive use of the disposal system by the specified residential structure,

An agreement is executed by the home builder and homeowner that guarantees that the residence will be tied to the central collection system within thirty (30) days after notification to the homeowner by the utility that sewer is available.

The homebuilder shall provide an escrow account to the county for the individual residence in an amount to be determined by the county not less than three thousand five hundred dollars ($3,500.00) and sufficient to secure; the complete and proper removal of the onsite disposal system, physical connection of the residence to the central collection system, payment of the tap fee and restoration of all disturbed areas. The tap fee payment may be made directly to the utility and the escrow amount reduced by the tap fee amount.

If the cost of constructing the sewer system extension to the utility involves extraordinary costs such as water way crossings, wetland crossings, extensive land clearing, etc., the developer or the utility may petition the board of county commissioners for an exemption from the requirement to connect the subdivision to utility.

All new subdivisions to be platted on Garcon Point south of Interstate 10, shall utilize central sanitary sewer as permitted by the Florida Department of Environmental Protection.

Level of service standard. It is the responsibility of the applicant for subdivision approval and/or developer of such subdivision to provide the CE with documentation on forms provided by the county, and such documentation will illustrate the impact the subdivision will have on water and sewer level of service standards. In addition, on forms provided by the county, the applicant/developer shall provide calculations acceptable to the CE which calculations indicate the projected impact on the water and sewer system serving the subdivision.

[2.

Reserved.]

Stubs. Where sewer services are required by this ordinance, stubs on sewer services for each lot shall be provided to a point at least ten (10) feet beyond the curb. Stubs shall be provided at a reasonable depth. The utilities contractor shall record measurements of stubs from the nearest manhole to each lateral and provide these measurements to the CE or the appropriate utility company servicing the area. Stubs shall be inspected and approved by the CE or appropriate utility company prior to covering with soil. Locations of laterals shall be indicated by temporary markings on the curb or pavement.

Drainage.

Drainage system. The developer shall provide an adequate drainage system for any subdivision, including all necessary swales, ditches, canals, green-belts, outfall, bridges, pipe, retention basins, etc. The drainage system shall be designed to accommodate off-site and on-site contributions. The system shall lead to a positive drainage outlet. Evidence of such positive discharge shall be provided as a part of the construction plan submittal. The developer shall prepare the necessary agreements and easements for disposition of surface waters beyond the limits of the subdivision and shall attempt to acquire necessary rights of easements; provided, however, the County may assist in acquisition of such easements when it is in the public interest and where governmental action is necessary for proper disposition of water and the developer advances all costs and expenses incurred by the County.

No drainage system shall provide for the use of ponds, lakes, settling basins, or other such structures unless the developer has obtained prior approval from the CE. They shall be constructed in accordance with sound engineering practices and standards adopted by resolution of the BCC. The developer may dedicate such structure to the County, or to owners of property within the subdivision. The fact of such dedications shall be noted on the face of the plat.

A Homeowners' Association or similar body shall be created and given responsibility for maintaining such drainage structure and for paying the property taxes due upon the land upon which the structure is located. The County shall not be deemed to be responsible for the maintenance for the structure, and the County will not be deemed to be the owner of an easement upon the structure; however, the developer shall execute, on his behalf and on behalf of the landowners within the subdivision who are ultimately to have ownership of the structure, a hold harmless agreement, holding Santa Rosa County harmless from the effects of any waters which may flow into or about the structure, and such other provisions as the County may require. The Homeowners' Agreement or document creating the Association or body mentioned above, or other appropriate agreements mentioned above, will vest in Santa Rosa County the authority to assess reasonable fees upon the owners of lots designated in the subdivision as owning the structure, or upon the owners of lots designated as part of the Homeowner's Association, or other similar body, for payment of costs of maintenance and for payment of property taxes for lands designated as ponds or other drainage structures, in the event that such structure is not maintained or that taxes are not paid. These provisions shall also be set forth in any restrictive covenants binding the property.

Filling. Low lying land on a building site shall be filled with suitable soil approved by the CE. Minimum elevation of the crown of subdivision roads shall be four (4) feet above mean sea level (U.S.C.&G.S. Datum).

Storm sewers and manholes. Materials and installation procedures for storm sewers and manholes shall be in accordance with the appropriate sections of the Standard Specifications or approved equivalents. Minimum pipe diameter shall be fifteen (15) inches or elliptical equivalent. Storm sewers, manholes, and inlets shall be of the following types:

Concrete pipe.

(1)

Standard concrete pipe shall conform to ASTM Designation L-76-70, Class II.

(2)

Reinforced concrete pipe shall conform to ASTM Designation C-76-70, Class III or IV.

Metal pipe. Corrugated steel pipe shall conform with the basic requirements of AASHTO M36 allowing for the exceptions of the appropriate section of the Standard Specifications.

All pipe will be bituminous coated on all sides if it will be installed in corrosive environs or in submerged applications, as determined by the CE. Metal pipe shall not be used in tidal or salt water.

Manholes and inlets.

(1)

Material.

(a)

Concrete: Minimum compressive strength required at twenty-eight (28) days is two thousand five hundred (2,500) pounds per square inch (PSI).

(b)

Reinforcing steel: Shall be Billet-Steel Bars for Concrete Reinforcement (ASTM Designation A615) of intermediate or hard grades, or equivalent.

(c)

Brick: Shall be hard, solid, burned brick meeting AASHTO Specification No. M-114, Grade MW.

(d)

Other approved materials.

(2)

Frames, covers and grates. Cast iron frames, covers and grates shall conform to the drawings in all essentials of design. All castings shall be made of clean, even grain, tough, gray cast iron. The quality of iron in the castings shall conform to the current ASTM Specifications for Class 20 Gray Iron Castings. The castings shall be smooth, true to pattern and free from projections, sand holes or defects. The portion of the frame, cover or grates which are in contact shall be machined so that no rocking is possible. The castings shall be coated with coal tar pitch varnish.

(3)

Steps. Manhole steps shall be Clow-National Cast Iron Manhole Steps No. A-1483, or other approved material.

Canals and lakes.

For canals or lakes designed to have bank slopes 6:1, or flatter, slope protection or seawalls are not generally required.

For canals or lakes designed to have bank slopes steeper than 6:1, but flatter than 2:1, the entire bank slope from the design water surface to a point three (3) feet beyond the berm line shall be grassed in a manner to guarantee a healthy growth of Pangola, Bahia or Bermuda, Centipede and/or other suitable grass.

Bank slopes designed to be steeper than 2:1 will be considered on an individual basis taking into consideration the type of soil; a seawall designed in accordance with good engineering practice and meeting the approval of the CE will be required.

All canals shall be excavated to a width and depth sufficient to eliminate interruption to navigation or drainage that may result from minor shoaling caused by bank erosion.

Drainage easements and rights-of-way. The use of open ditches or swale drainage, where practical, should be limited to road rights-of-way or drainage easements. When open ditches are utilized on a drainage easement an access area for the maintenance of these ditches shall be provided with a sufficient width to carry cleanup equipment.

In any case, a minimum width necessary for the water course plus fifteen (15) feet shall be provided. The fifteen (15) feet shall all be on one (1) side of the water course area and no drainage easements shall be less than twenty (20) feet in width.

Erosion control. Erosion control measures shall be provided to prevent sedimentation and/or erosion of wetlands, county rights-of-way, or adjacent property.

Subdrains, subsoil drains and trench drains. Subdrains, subsoil drains, and trench drains shall be required where soil and water conditions warrant.

Utilities. Where appropriate to the design of the subdivision, the developer is encouraged to consider placing all utilities underground.

Inspection. The CE will cause improvements to be inspected from time to time. Such inspections will be accomplished at a cost to be established by resolution of the BCC.

Turn lanes required: Development proposals shall provide turning lanes as required according to county specifications and shall be coordinated with the Florida Department of Transportation, as appropriate, Volume warrants for turn lanes shall be as follows:

Roadway	Right Turn	Left Turn
State
4-lane	All	All
2-lane Urban (TPO)	>20 Lots	>10 lots
2-lane Rural	>50 Lots	>25 Lots
County
Projected AADT > 4000	>50 Lots	>25 Lots
Projected AADT < 4000	>60 Lots	>30 Lots

4.03.08. Installation and maintenance of improvements.

After preliminary plat and construction plan approval by the CE, the applicant may begin the installation of required improvements. Before any final plat may be approved by the County, and before any lot may be sold or any building permit issued in the proposed subdivision, one (1) of the following must be satisfactorily completed:

The developer may secure any necessary permits and install all required improvements as approved in the preliminary plat and construction plans and certified to the county engineer; or

The developer may post with the county engineer a performance bond in the form recommended by the county attorney sufficient to cover the full cost of improvements required in the preliminary plat (or part thereof if developed in accordance with Section 4.03.09(C) below), and construction plans; the amount to be based on estimates provided to and approved by the county engineer. The bond shall be released upon satisfactory installation and certification of all improvements; or

The developer may post with the county engineer a cashier's check or an acceptable letter of credit for an amount necessary to complete all improvements required in the preliminary plat (or part thereof if developed in accordance with Section 4.03.09(C), below), and construction plans; the amount to be based upon estimates approved by the county engineer; a cashier's check or a letter of credit to be released upon satisfactory installation and certification of all improvements. Note: The amount of the check or letter of credit may be reduced at the discretion of the CE based upon completed and certified improvements; or

The developer may recommend to the county attorney and the county engineer any method of assuring proper installation of improvements in a subdivision not heretofore specifically permitted. The board of county commissioners may accept any such alternate procedure provided that it unquestionably guarantees installation and certification of all required improvements.

The developer shall be responsible for correcting any and all defects in, or damage to, the required improvements which occur within a two (2) year period following acceptance for maintenance by the county of the required improvements. The developer shall execute a warranty agreement as prepared by the county.

No lot may be sold or building permit issued until the final plat is approved by the county and the plat is recorded.

4.03.09. Final plat—Approval process.

After satisfactory compliance with one (1) of the requirements in Section 4.03.08 above, the developer shall submit a letter to the County Engineer requesting approval of the final plat. This plat should conform in every respect with the requirements specified in Section 4.03.10 of this ordinance and shall be submitted within twenty-four (24) months from the date of approval of the preliminary plat, unless for sufficient cause the time has been extended. Otherwise, full resubmission of the preliminary plat shall be required. Any request for extension should be made to the county engineer prior to the expiration date.

Each final plat shall be signed by all those required pursuant to F.S. ch. 177 (the Plat Act).

If the developer wishes to submit a final plat for a portion of an approved preliminary plat, he may do so, provided that one (1) or more of the requirements of Section 4.03.08 above has been met for the area included in the final plat.

The developer shall submit an original linen or Mylar and seven (7) prints of the final plat to the County Engineer, along with one (1) original and two (2) copies of all covenants and restrictions, if any.

The county engineer shall date stamp all copies and retain the original linen or Mylar and the executed original of any covenants and restrictions.

The county engineer, county attorney, and county surveyor, shall approve the final plat for submission to the board of county commissioners for final approval or return it disapproved with written comments, and/or marked prints within fifteen (15) working days from the date of submission of a complete application.

If the county engineer approved the plat for presentation to the board of county commissioners, the county engineer shall forward vicinity and location maps, and copies of easements, on his recommendation to the board of county commissioners for action. No final plat shall be forwarded for board approval until such time as all items required by this section have been submitted to the county engineer.

If the developer has previously subdivided and sold lots, whether platted or unplatted, and has failed to correct defects in improvements as required by Section 4.03.08(E) and the county has been required to expend funds to correct said defects or damage, no further plats for subsequent developments shall be approved for said developer until the developer has reimbursed the county for correction costs incurred.

4.03.10. Final plat requirements.

When improvements have been installed, or otherwise provided for in accordance with this ordinance, the final plat shall be submitted within not more than twenty-four (24) months after approval of the preliminary plat and shall clearly show the following features and information on Mylar sheets twenty-four (24) inches × thirty-six (36) inches:

Legal description of the property which is so complete that from it, without reference to the plat, the starting point and boundary can be determined. The description should be referenced to the section, township, and range as applicable. If in a land grant, the plat will so state. The initial point in the description shall be tied to the nearest government corner or other recorded and well established corner. Section lines and corners, and forty (40) acre section lines occurring in the plat shall be indicated by lines drawn upon the plat, with appropriate words and figures. In the case of irregular boundaries, a survey closing line shall be included.

All plat boundary lines with lengths of courses to hundredths of a foot and bearings or angles in degrees, minutes and seconds, based on an accurate survey in the field.

The exact location and the widths along the property lines and names of all existing or recorded streets intersecting or paralleling the boundaries of the tract.

Bearings and distance to nearest established street bounds, other established survey lines, or other official monuments, which monuments must be located or accurately described on the plat. Any established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them.

The accurate location of all permanent reference markers and all markers, specified by F.S. ch. 177 shall be located and of such material as required by F.S. ch. 177. A minimum of three (3) benchmarks referenced to published NAVD88 datum shall be established on concrete permanent referenced markers and shown on the face of the recorded plat. In addition, all other lot corners shall be marked with metal rods, pipes, or concrete monuments meeting Florida minimum technical standards as outlined in the Florida Administrative Code. The requirement for lot corner markers may be postponed provided that a letter of agreement from the developer's surveyor guaranteeing installation of lot corner markers as specified after construction accompanies the final plat. All plat boundary corners shall be marked with four-inch concrete monuments with the surveyor or company identification cap or disk. Any exceptions will need approval from the county surveyor.

The exact layout with all survey data required by the Florida Plat Act, including:

Street and alley lines: location, bearings, names, angles of intersection and width (including widths along the line of any obliquely intersecting street).

The lengths of all arcs, chords, radii, points of curvature and tangent bearings.

All easements or rights-of-way should be shown, and their intended use shall be clearly stated. Proposed street names shall be included.

All lot lines with dimensions in feet and hundredths, and with bearings or angles in degrees, minutes and seconds, if other than right angles to the street and alley lines.

Lots numbered in numerical order, and blocks also numbered or lettered in order.

The accurate outline of all property which is offered for dedication for public use, and all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivision with the intended use indicated.

All building or beach setback lines stipulated in deed restrictions or county ordinances shall be shown or noted.

Private restrictions, if any:

Boundaries of any type or use restriction.

Any private restrictions for each definitely restricted section of the subdivision.

Restrictive covenants, if any, will be submitted with the final plat, if not previously submitted for early review.

Name of the subdivision and name or number of any larger subdivision or tract of which the tract being subdivided forms a part. The words, "Santa Rosa County, Florida" shall appear under the name of the subdivision.

Names, recording data, and locations of adjoining subdivisions. If contiguous property is unplatted, it shall be so designated.

If the subdivision is a resubdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing of the earlier plat to permit an overlay to be made, and the fact of its being a subdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat.

Names and addresses of the owner or owners of record, the developer, and of the registered Florida Land Surveyor who prepared the plat.

North arrow, scale, and date. Bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend.

Certification by the Florida Land Surveyor who prepared the plat to the effect that the plat is a true and correct representation of the lands surveyed; that the survey was made under his responsible direction and supervision; that the survey data complies with all the provisions of the Florida Plat Act, F.S. §§ 177.011—177.151, as amended from time to time; that all monuments and markers indicated thereon actually exist and their location, size, and material are correctly shown. Any monument destroyed or disturbed by construction shall be replaced by the developer's surveyor: (1) prior to acceptance of improvements and release of bond, or (2) prior to acceptance of the final plat, whichever may be later. The seal of the land surveyor shall appear on the plat.

All dedications, approvals, and certificates required by law, including a current title opinion by an attorney or a certification by an abstracter or title insurance company showing ownership of all land included in the subdivision, and certifications by the CE.

Special flood hazard areas where the proposed subdivision or any part thereof is in an area subject to one hundred (100) year flooding. Flood Insurance Rate Maps (FIRM) for Santa Rosa County will be used to determine the one hundred (100) year flood hazard areas. This notation will be made on the final plat by the developer.

Any restrictive covenants which may have been required by the county for maintenance of privately owned improvements, such as subdivision entrance markers and private recreation areas or sites.

If certification of developer's engineer was required as to any item set forth in these regulations, the engineer's signature and appropriate certification will also appear on the face of the final plat.

Subdivision boundaries must be tied to the "Santa Rosa County, GPS Network" if located within three (3) miles of a control monument, as measured along existing, open public rights-of-way.

A minimum of two (2) control monuments must be tied to.

Attach a note or table to plat, that indicates the control monuments used, their coordinate values and how to convert grid distances to ground distances.

A minimum of two (2) permanent reference monuments (PRMs) on the subdivision boundary must be tied to and labeled. Their coordinate values shall be shown and referenced to the Florida State Plane Coordinate System.

Surveys shall be performed in compliance with 3rd Order, Class I procedures with a minimum accuracy requirement of 1:12,000. All ties to the control monuments will include a closed loop traverse or a traverse closing on a minimum of two (2) control points established by celestial observations or independent GPS observations through procedures meeting or exceeding the above stated accuracy requirements.

The final plat shall have a statement that indicates that the ties to the "Santa Rosa County GPS Network" were made in accordance with the above requirements.

4.03.11. Final plat—Filing process.

Prior to approval by the board of county commissioners, the original linen/mylar shall be reviewed and signed by the county surveyor.

Following approval by board of county commissioners, the original linen/mylar shall be signed by the county engineer and county attorney.

The county engineer shall transmit the signed original linen/mylar, fees, and other required documents to the clerk of circuit court, who shall sign the plat certifying that it meets the requirements of the Plat Act, and shall reserve plat book and page number for recording.

The county clerk shall retain the signed mylar.

4.03.12. Fees.

Appropriate fees shall be charged for processing the preliminary plat. At the time of filing the final plat, the developer shall pay fees to the county by a schedule as established by resolution of the board of county commissioners.

The developer shall pay all recording fees. These fees shall be deposited in the appropriate fund of the county.

4.03.13. Modifications and exceptions.

Modifications. The general principles of design and minimum requirements set forth in Sections 4.03.03, 4.03.04 and 4.03.07 of this ordinance may be varied in the case of a subdivision large enough to constitute a self-contained neighborhood and developed in accordance with the development plan safeguarded by appropriate restrictions.

The modifications to standards shall be allowed only upon certification of the developer's registered professional engineer and recommendation of the county engineer and approval by the board of county commissioners.

Minor subdivisions: Minor subdivisions, as herein defined, need not comply with the platting requirements of this ordinance. Proposed minor subdivisions meeting any of the following criteria must be reviewed for consistency with applicable Land Development Code and Comprehensive Plan regulations prior to subdivision of the land:

if the property being divided is located on an access management corridor;

if the property being divided is located in a Military or Public Airport Zone as specified in Article 11;

if the property being divided is located in the Garcon Point Protection Area as identified in the Santa Rosa County Comprehensive Plan; or

if the property being divided is located in an identified storm water problem area as shown on a map available from the county engineer and the resultant lots or parcels are less than one (1) acre in size.

The application must include a site plan, drawn to scale, showing the configuration and acreage or square footage of the original parcel(s) and proposed division. The application for subdivisions meeting requirement four (4) above must also include drainage plans as required by Section 4.03.06(F).

Land conveyed in such developments may be described by metes and bounds, and shall be recorded by deed. This exemption will not apply to parcels located on deeded county rights-of-way where the actual roadway has not been constructed and has not been accepted for maintenance by the county and to parcels located on private roadways that were not approved by the county through the platting process, except those private roadways that existed as of April 24, 1986 and are shown and named on the county's original zoning maps.

Inheritance. Any division of land resulting directly from inheritance, testate or intestate, shall be exempted from the platting provisions of this ordinance. However, subsequent resubdivision shall not be exempted.

Deed or gift. Any deed or gift of any parcel of land given without valuable consideration to any member of the donor's family, shall be exempted from the platting provisions of this ordinance. The county will not maintain any street created on rights-of-way through such conveyance without the street qualifying under this ordinance. Such deed or gift subdivisions must comply with Section 2.04.00(B)(6) and any subsequent resubdivision of the same property must comply with all requirements of this ordinance.

Model home/sales office: For each parcel subject to an approved subdivision construction plan, the construction of not more than two (2) principal residential structures for use as a model home and/or on-site sales office provided that such structures may not be sold, occupied for residential purposes or issued a certificate of occupancy until the final plat is approved and recorded.

Variances. In any particular case where the developer can show that by reason of exceptional topographic or other conditions, strict compliance to this ordinance would cause practical difficulty or exceptional and undue hardship, the requirements causing such practical difficulty or hardship may be relaxed through recommendation of the county engineer and approval of the board of county commissioners provided that such relief can be granted without detriment to the public good and without impairing the intent and purpose of this ordinance.

The clerk of circuit court shall not accept for recording deeds or other legal instruments conveying divisions of property for conveyance to Santa Rosa County unless said instruments have been accepted by the board of county commissioners.

Paving exemptions. The paving requirements of this ordinance shall not be applicable to the paving of any dirt street that is a part of those dirt streets which are parts of the county road system and are being maintained by the county on the effective date of this ordinance.

Boundary line exemptions. Conveyances which are executed solely to resolve boundary line disputes or to increase or decrease the size of adjoining parcels of property and which do not create developable parcels of property separate and apart from the existing parcels are exempted from the platting requirements of this ordinance.

Large parcel exemptions. Subdivisions of land into parcels fifteen (15) acres or greater in size need not comply with the platting and road frontage requirements of this ordinance so long as no new county roads are created or no new lot or parcel is created within Accident Potential Zone or Clear Zone. Prior to the adoption of Ordinance 91-24, the subdivision of land into parcels greater than four (4) acres in size was exempt from platting requirements. Any residential development which sold lots pursuant to said four (4) acre provision prior to August 22, 1991, may continue the subdivision and development of lots greater than four (4) acres in size without complying with platting requirements. Such continued subdivision of parcels greater than four (4) acres in size shall be allowed only on roads which physically existed prior to August 22, 1991.

Large parcel subdivisions. The subdivision of land into individual parcels of four (4) acres or more, but less than fifteen (15) acres, may be accomplished pursuant to the following provisions:

No new county roads shall be created. All roads shall be private roads and shall have a sixty (60) foot right-of-way with a thirty (30) foot all-weather road.

The fact that the roads are "private roads" shall be indicated on the final plat and within the restrictive covenants of the deeds.

Subdivision and road names shall be approved by the county civil defense department.

A preliminary plat shall be filed which meets the requirements established by this Code and any supplemental requirements as may be imposed by the Santa Rosa County Engineering Department.

The final plat shall meet all requirements of the Florida Plat Act and Section 4.03.10 of this ordinance.

Drainage plans prepared by a registered engineer shall include a stormwater management plan, and such management plan shall be based upon a one hundred (100) year critical duration storm event.

The final plat may not be approved until the county has been supplied proof of establishment of a homeowners association which has been legally formed and filed with the secretary of state.

All private roads shall be owned by the homeowners association, with all landowners becoming a partner as a condition of ownership. The association shall have right of lien foreclosure against an owner's property for non-payment of property assessment which has been assessed by the homeowners association's elected board of directors when such assessments are for drainage and/or road maintenance.

Deed restrictions shall be included which prohibit the resubdivision of the parcels or property into lots or parcels less than four (4) acres in size.

Reservations. Notwithstanding any other provision of this ordinance, a developer may establish a reservation program for prospective purchasers with the following conditions:

The developer must establish an escrow or trust account as follows:

The subdivider shall, within three (3) business days of receipt, pay all reservation deposits into an escrow account established with a trust company, or a bank having trust powers, located within this state. The subdivider shall give the prospective purchaser a receipt for any reservation deposit.

Within seven (7) days of receipt of a reservation deposit, the escrow agent shall send to the prospective purchaser for whom the reservation deposit was received a notice that such deposit has been received. Such receipt shall include notice that the funds are being held and will be released only in accordance with this section.

The funds may be placed in an interest-bearing or non-interest-bearing account, provided, the funds shall at all reasonable times be available for withdrawal in full by the escrow agent.

The subdivider shall maintain, for each reservation program, separate records within his books and records in accordance with generally accepted accounting standards, as defined by rule of the board of accountancy.

Upon the written request of a prospective purchaser, the escrow agent shall immediately and without qualification refund in full all moneys deposited by the prospective purchaser. Upon such refund, any applicable interest shall be paid to the prospective purchaser, unless otherwise provided in the reservation agreement.

The escrow agent may release specific deposits from the reservation account to the subdivider only upon adequate showing that the prospective purchaser has entered into a binding contract or agreement for purchase of the subject lot, parcel, or unit. Upon such release, any applicable interest shall be paid to the prospective purchaser, unless otherwise provided in the reservation agreement.

The developer must comply with any other applicable state and federal regulations.

Parcels sold prior to April 28, 1986. Parcels sold prior to April 28, 1986, shall be exempt from the requirements of Section 4.03.01, to the extent that the owner of such parcel may obtain a building permit for the construction of one (1) single-family detached residence on said parcel.

No person may obtain more than one (1) permit for the construction of a single-family detached residence under the provisions of this section.

The owner of such parcel must comply with all other applicable provisions of Ordinance 91-24 [this land development code], and other county ordinances.

Family homestead and parent parcel subdivisions. A family homestead or a parent parcel subdivision as specified in Sections 2.04.00(C), 6.05.02(G), 6.05.03(G), and 6.05.11(G) need not comply with the platting requirements of this ordinance. Applications must be submitted and approved prior to subdivision of the land in accordance with the requirements as listed in the sections above. Applications for proposed family homestead or parent parcel subdivisions which are located in an identified stormwater problem area as shown on a map available from the county engineer and the resultant lots or parcels are less than one (1) acre in size must also include drainage plans as required by Section 4.03.06(F).

4.03.14. Reversion of subdivided land to acreage.

Vacation before re-subdivision by owner. Before the board of county commissioners shall approve a final plat of land for which a final plat previously been filed and recorded, the owner of the platted land sought to be resubdivided shall vacate the prior subdivision or such portion or portions of the prior subdivision in the manner prescribed by law. The resubdivision of an individual lot shall be exempt from this provision.

Vacation before re-subdivision by the board of county commissioners. The board of county commissioners, by its motion and upon resolution, may order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction, provided that the board of county commissioners shall hold a public hearing thereon in accordance with requirements of F.S. ch. 177, and shall make findings required by F.S. ch. 163, pt. II.

Access to individually owned parcels. No owner of any parcel of land in a subdivision shall be deprived of reasonable access to such parcel by reversion to acreage.

4.03.15. Appeals.

Any action of the county engineer, county attorney, or other county departments involving these requirements may be appealed in writing to the board of county commissioners within sixty (60) days of the contested action.

The board of county commissioners may refer questions arising from the appeal to the Santa Rosa County Planning Board for recommendations. The decision of the board of county commissioners is subject only to judicial review.

(Ord. No. 92-03, § 1, 2-27-92; Ord. No. 93-04, § 1, 2-11-93; Ord. No. 93-22, § 1, 11-24-93; Ord. No. 94-12, § 1, 6-7-94; Ord. No. 95-25, § 1, 9-14-95; Ord. No. 96-30, § 1, 10-24-96; Ord. No. 97-03, § 1, 2-27-97; Ord. No. 98-17, § 1, 10-22-98; Ord. No. 99-11, § 1, 6-10-99; Ord. No. 2004-12, § 1, 4-26-04; Ord. No. 2005-07, § 1, 4-14-05; Ord. No. 2006-22, § 1, 7-27-06; Ord. No.2008-36, § 1, 10-23-08; Ord. No. 2014-05, § 1, 2-27-14; Ord. No. 2015-02, § 1, 1-22-15; Ord. No. 2015-08 , § 1, 4-23-15; Ord. No. 2015-22 , § 1, 9-24-15)

                    
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