TOWN OF LADY LAKEPRIVATE

TOWN OF LADY LAKE

CHAPTER 8

SUBDIVISIONS AND PLATS

TABLE OF CONTENTS

SECTION PAGE

1 APPLICABILITY 8 - 1

2 PURPOSE AND INTENT 8 - 1

3 DEFINITIONS 8 - 2

4 COMPLIANCE REQUIRED; EXEMPTIONS

a) Unlawful Activity 8 - 2

b) Lot Splits and Minor Subdivisions 8 - 3

c) Aggregate Lots 8 - 6

d) Exemptions 8 - 6

5 GENERAL DESIGN GUIDELINES

a) Improvements Required 8 - 7

b) Street Layout 8 - 7

c) Street Design 8 - 9

d) Easements 8 - 10

e) Lot and Block Standards 8 - 10

6 SUBMITTING AND PROCESSING SUBDIVISION

APPLICATIONS

a) Procedure 8 - 11

CHAPTER 8

SUBDIVISIONS AND PLATS

TABLE OF CONTENTS (continued)

b) Validity of a Subdivision Not Meeting the

Requirements of This Chapter 8 - 11

c) Pre-Application Conference 8 - 12

d) Preliminary Plat/Plan 8 - 12

e) Improvement Plan 8 - 16

7 PROCEDURE AND REQUIREMENTS FOR

RECORDING THE FINAL PLAT

a) Procedure 8 - 21

b) Format of Drawings 8 - 22

c) Information Required 8 - 22

d) Certifications, Dedications and Approvals 8 - 23

e) Review and Approval of Final

Plat Documents 8 - 30

f) Recording 8 - 30

g) Acceptance of Public Improvements 8 - 31

h) Plat Vacation Request 8 - 32

i) Right-of-Way Abandonment Request 8 - 32

8 COMMENCEMENT OF CONSTRUCTION IMPROVEMENTS

a) Construction Before Final

Plat Approval 8 - 33

b) Construction After Final Plat Approval 8 - 33

c) Notification 8 - 33

CHAPTER 8

SUBDIVISIONS AND PLATS

TABLE OF CONTENTS (continued)

9 VARIANCES

a) Jurisdiction 8 - 33

b) Application Procedure 8 - 34

c) Criteria for Review of Variances from

the Review Process 8 - 34

d) Criteria for Review of Variances from

Required Improvements or Design Criteria 8 - 34

e) Public Notice 8 - 35

f) Right to Attach Conditions 8 - 35

10 PENALTIES 8 - 35

EXHIBIT 8 - 1: STREET AND LOT LAYOUT

EXHIBIT 8 - 2: LOT SETBACKS

CHAPTER 8

SUBDIVISIONS AND PLATS

SECTION 1: APPLICABILITY

The requirements set forth in this chapter shall be applicable to all portions of the Town of Lady Lake except commercial and industrial zoned property unless a subdivision plat is elected as a development choice.

SECTION 2: PURPOSE AND INTENT

The public health, safety, and general welfare of the citizens of Lady Lake require the harmonious and orderly development of land within the incorporated area of the Town. It is the intent of this chapter for each new subdivision:

a) To conform with minimum standards of subdivision design, established by this chapter, which will result in the development of safe, stable communities, and the prevention of unhealthy living environments.

b) To have necessary improvements so that such improvements are not a burden upon the taxpayers of the community.

c) To have efficient, adequate utilities and services.

d) To have safe, adequate and convenient circulation of vehicular and pedestrian traffic.

e) To provide adequate protective flood control and drainage.

f) To have designs and improvements that control pollution and erosion, safeguarding the natural resources of the city.

g) To provide adequate open space, light and air, solar rights, privacy, and recreational areas to prevent overcrowding of the land and undue congestion of the population.

h) To provide safety from fire, flood, natural disasters and other dangers.

i) To provide reasonable, fair, and uniform application of standards of design and procedures for the subdivision and platting of land.

j) To ensure proper legal descriptions and monumenting of subdivided land.

k) To preserve the natural beauty and topography of the Town.

l) To provide for safe and sanitary sewage disposal, adequate potable water supplies and the protection of groundwater.

SECTION 3: DEFINITIONS

(See "Definitions and Interpretations" chapter)

SECTION 4: COMPLIANCE REQUIRED; EXEMPTIONS

a) Unlawful Activity

It shall be unlawful and subject to the penalties provided herein for any person to:

1) Create a subdivision without first complying with the provisions of this chapter and filing a plat approved by the Town Commission unless exempt under section below.

2) Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area and width requirements prescribed by the zoning regulations and land use plan of Lady Lake as applied to the lots created, unless exempt under section below.

3) Commence the construction of any improvements required under this chapter without first having obtained a development order from the Town of Lady Lake.

4) Fail to construct or maintain improvements in accordance with an approved development order, plat approval or requirements of this chapter.

5) Divide any lot or tract that is in a recorded or unrecorded subdivision located within the Town limits into a lot or parcel smaller than or inconsistent with the surrounding lots in the subdivision unless approved by the Planning and Zoning Board as stated below.

6) Combine lots or parcels to create an aggregate lot without the approval of the TRC.

7) Subdivide a site that is already platted. The existing plat must first be vacated.

b) Lot Splits and Minor Subdivisions

1) Lot Splits

A Lot Split is any request to divide a lot or tract in such a manner as to make it meet the following criteria:

A) Only two(2) lots may be created per original parcel.

B) Each lot created must have a minimum area of one (1) acre.

C) Each proposed lot shall front on a paved private road, a publicly maintained road, or an easement.

D) If an easement is utilized, the easement shall:

1. Be non-exclusive;

2. Be dedicated to the public for road, utility, and drainage purposes;

3. Connect to a publicly maintained road;

4. Be no longer than one thousand three hundred twenty (1,320) lineal feet from a publicly maintained road;

5. Have a minimum width of fifty (50) feet;

6. Not obligate the Town to maintain the easement; and

7. Have road name signs installed.

E) If a paved private road or easement is utilized, then deed restrictions, which require the property owners to maintain the paved private road or easement, shall be recorded prior to the recordation of the lot split.

F) If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner shall be required to dedicate the required right-of-way width necessary to meet the minimum design standards.

G) All proposed lots must meet or exceed the dimensional requirements of this Code, and required easements for utility, drainage, conservation, or other purposes must be delineated for transfer to the Town as part of the development order.

H) Flag lots are not allowed.

I) A well or septic tank may be allowed per the matrix in Appendix "B-B" in the Water and Sewer Standard Specifications chapter.

2) Minor Subdivisions

A Minor Subdivision is defined as meeting all of the following criteria:

A) An overall tract in single ownership is divided into not more than a total of six (6) lots.

B) The proposed division is not part of an overall tract previously approved as a Minor Subdivision.

C) All proposed lots must meet or exceed the dimensional requirements of this Code, and required easements for utility, drainage, conservation, or other purposes must be delineated for transfer to the Town as part of the development order.

D) No new streets are proposed or required.

E) No dedication of access right-of-way, drainage areas, conservation areas or other publicly maintained property is necessary and proposed in order to make the subdivision feasible.

G) Flag lots are not allowed.

H) A well or septic tank may be allowed per the matrix in Appendix "B-B" in the Water and Sewer Standard Specifications chapter.

3) Family Homestead. A Lot Split may be used to convey a parcel to an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person conveying the parcel. Such a provision shall apply only once to any individual and it must meet all criteria required for a Lot Split.

4) Both shall be exempt from the review and approval of plans and the recording of a plat but shall be reviewed and approved by the Town Commission.

5) The request for a Lot Split or Minor Subdivision must be made on the appropriate form accompanied by the appropriate fee and must include the following information:

A) Property owner name, address and legal description of property.

B) Current zoning of subject parcel and whether a rezoning will be required.

C) Size and number of proposed lots.

D) Adjacent street name and classification.

E) Type and square footage of existing buildings on the parcel.

F) Information regarding adjacent right-of-way or easements.

G) Boundary and improvement survey.

H) Source and location of water and sewer facilities.

6) The Technical Review Committee (TRC) shall review the request and make a recommendation to the Town Commission.

7) The Town Commission at a public hearing shall review the request and approve, approve with conditions, or deny the request. The owner or owner's agent must be present at the public hearing. Prior to approval of a Lot Split or Minor Subdivision, the Town Commission shall determine that:

A) No substantial negative neighborhood impacts are anticipated as a result of the split or subsequent similar neighborhood splits or subdivisions.

B) The resulting lots conform to applicable Town zoning requirements and state regulations.

C) The resulting lots are buildable under current regulations.

D) No substantial adverse impacts on existing infrastructure are anticipated as a result of the split, subsequent similar neighborhood splits or subdivisions, and the resulting increase in density or intensity of use.

E) The impacts of the split or potential splits or subdivisions will not degrade adopted levels of service to unacceptable levels, pursuant to the provisions of Concurrency Management chapter.

F) The applicant certifies that he knows of no recorded deed restrictions or covenants which would prohibit the division or splitting of the lots.

G) The parcel has not previously undergone a Lot Split or Minor Subdivision.

c) Aggregate Lots

1) Two or more contiguous lots or parcels may be combined to create one larger lot or parcel, if approved by TRC.

2) Application to create such a lot or parcel shall include a new survey and deed.

3) The deed shall state that the lot or parcel, if split in the future, must comply with all applicable criteria