O-61-C
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CODE ORDINANCES
ORDINANCE NO. 61-C
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AN ORDINANCE PROVIDING REGULATIONS FOR THE SUBDIVISION OF LAND IN THE CITY OF CLERMONT,
FLORIDA AND REPEALS CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY; ESTABLISHES AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA THAT:
Section 1. Short Title. The rules and regulations hereby adopted shall be known
and cited as the Code of Subdivision Regulations, City of Clermont, Florida.
Section 2. Enactment and Authority. The City of Clermont hereby ordains that pursuant
to authority conferred by Chapter 177, Florida Statutes, and by Section 19 of the Charter
of the City of Clermont, Florida, does enact into law this Subdivision Ordinance and exhibits
set forth in the appendices attached.
Section 3. Purpose and Intent. It is the purpose of these regulations to help
promote, protect and improve the public health, safety, comfort, convenience, prosperity,
morals, and general welfare of the citizens of Clermont. Similarly, it is the intent of
these regulations to secure
a. The establishment of standards of subdivision design which will
encourage the development of sound and economically stable communities,
and the creation of healthful living environments, including drainage,
water distribution and sewage disposal.
b. The efficient, adequate and economic supply of utilities and services
to new land development.
c. The prevention of traffic hazards and the provisions of safe and
convenient traffic circulation, both vehicular and pedestrian, in new
land development.
d. The provisions of public open spaces in new land developments through
the dedication or reservation of land for recreational, educational,
and other public purposes.
e. Accurate land records for the convenience and protection of the public
and for adequate identification and permanent location of real estate
boundaries.
It is further intended that this ordinance shall be construed liberally in the favor of
the City.
Section 4. Jurisdiction. The regulations herein set out shall apply to all lands
presently within the incorporated limits of the City of Clermont, Florida, and to any
lands which may in the future be anne~ed to and be made a part of the City of Clermont.
No land shall be subdivided, nor any building or structure or any part thereof constructed
in any area that has been subdivided after the effective date of this ordinance, unless
such subdivision conforms to the provisions of this ordinance.
Section 5. Applicability. In order to subdivide land and file a plat thereon,
except merely to record the boundaries of an ownership, all requirements as set out in
this ordinance shall be met and the procedures as herein set forth shall be followed.
Section 6. Definitions. For the purpose of this ordinance, certain words or terms
used herein shall be interpreted as follows:
The word person includes a firm, association, unincorporated group, organiza-
tion, trust, company or corporation, as well as an individual.
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The present tense includes the future tense, the singular number includes
the plural and the plural number includes the singular.
The word shall is mandatory; the word~ is permissive.
The words used or occupied include the words intended, designed, or arranged
to be used or occupied.
The word lot includes the word ~t or parcel. A lot is a parcel. A lot
is a parcel of land of at least sufficient size to meet the minimum requirements
of the Zoning Ordinance, City of Clermont, Florida, as to use, coverage and area
and to provide such yard and open spaces as are required by that Zoning Ordinance.
A lot is also identified as a single unit in a subdi~i.ion .
The word building includes the word structure and shall mean any structure
designed or built for the support, enclosure, shelter or protection of persons,
animals or chatt1es of any kind.
The word land includes water surface and land under water.
Other terms are defined as follows:
Abutting Property. Any property that is immediately adjacent or contiguous
to property that may be subject to any hearing required to be held under these
regulations or that is located immediately across any road or public right-of-way
from the property subject to any hearing under these regulations.
Administrative Official. An official designated by the City Manager who
shall be charged with the responsibility for the enforcement and administration of
the regulations.
~lley. Any public or private right-of-way primarily designed to serve as
secon ary access to the s ide or rear of those properti es WhosE¡, pr.i.riç,;pa rfrontage ij s
on a street.
Applicant. Any person who submits subdivision plans to the Commission for
the purpose of obtaining approval . thereof.
Architect. A qualified person registered and currently licensed to practice
architecture in the State of Florida.
Cul-de-sac. A minor street intersection with another street at one end and
terminating at the other end in a vehicular turn around.
Developer. A person, or his agent, who undertakes the activities covered by
these regulations, particularly the preparation and presentation of a subdivision plat
showing the layout of the land and the improvements involved thereon. Inasmuch as
the subdivision plat is merely a necessary means to the end of assuring a satisfactory
development, the term developer includes the term subdivider, even though the
identnwof persons'invo1ved in successive stages of the project may vary.
Easement. A right-of-way granted for limited use of private property for
a public or quasi-public purpose.
Engineer. A registered professional engineer licensed to practice civil
engineering in the State of Florida.
Improvements. Physical changes made to raw land, and structures placed on or
under the land surface, in order to make the land more usable. Typical improvements
in these regulations would be streets, pavement, curbs and gutters, sidewalks, alleys
and alley pavement, water mains, sanitary sewers, storm sewers or storm drainage,
street name signs, street trees and other public facilities. or structures.
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Lot, Corner. A parcel of land at the junction of and fronting on two or more
intersecting streets.
Lot, Depth. The distance measured in a mean direction of the side lines of
the lot from the midpoint of the front line and the opposite rear line of the
lot.
Lot, Width. The distance between the side boundaries of the lot measured at
the front building line.
Mobile Home. A detached single-family dwelling which is designed for
long-term occupancy and contains a flush toilet, tub or shower bath, kitchen
facilities and sleeping accommodations; is designed to be transported after
fabrication on its own wheels or on a flat bed or other trailer; and arrives at
the site where it is to be occupied as a dwelling complete, including major
appliances and furniture, and ready for occupancy except for minor assembly
operations, location on jacks or other permanent or temporary foundations,
connections of utilities, and the like.
Mobile Home Park. Any tract, lot or parcel of land offered by any person, firm,
partnership. or corporation which has been planned and improved for the renting
or leasing of spaces for the placement of mobile homes for non-transient use.
Mobile Home Subdivision. A subdivision designed and intended for the sale
of lots for residential use where residence is in mobile homes.
Mobile Home Space. A plot of ground within a Mobile Home Park for the accommo-
dation of one mobile home.
Plan, sketch. An informal drawing prepared by the developer indicating the
general lot and street layout, and other pertinent features of a proposed subdivision
for the purpose of discussion prior to the formal subdivision process.
Plat, preliminary. The material which comprises the first "official" submission
of a 5ubtlivision scheme to the Planning and Zoning Commission, and which consists
of an application, a draft copy of any restrictive covenants, the subdivision
design drawings, and construction drawings of the proposed improvements.
Plat, final The material which comprises the second and last, "official"
submission to the Planning and Zoning Commission, and which consists of an
application, the final restrictive covenants, the plat for record, the subdivision
des~gn plan, the certified construction drawings of the "as-buil t" physical
improvements or developer's performance or cash bond, and maintenance bond.
1 Plat. A map, diagram or graphic representation of real property which has
been subdivided into lots, plots or parcels and showing such facilities and pUblic
imrpovements as may be required under this ordinance. The verb to plat shall mean
to make or prepare a plat.
Right-of-way. Lands conveyed or dedicated to the public to be used for a
street, alley, walkway, drainage facility or other public purpose. Right-of-way
also is a land measurement term meaning the distance between lot property lines
which generally contains not only the street pavement, but also the sidewalks,
grass area, and underground and sometimes above ground utilities.
Roadway. The portion of the street right-of-way which contains the street
pavement, curb and gutter and is used primarily for vehicular movement and secondarily
for storm water drainage. The pavement width is measured from back-face of curb.
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Street. A general term used to describe a right-of-way which provides for
vehicular and pedestrian movement between certain points in the subdivision or
surrounding area, which may provide for vehicular and pedestrian access to
properties adjacent to it, and which may also provide space for the location of
underground utilities; whether designated as a street, highway, thoroughfare,
parkway, freeway, road, avenue, boulevard, lane, place, court, or however designated
whenever dedicated for public use and accepted by the public.
Street, arterial. A street or highway used primarily for fast and heavy
traffic traveling considerable distances with a width of righ t-of-way of 100 feet
or more.
Street, collector. A street which, in addition to giving access to abutting
properties, carries traffic from minor streets to the major system of arterial
streets and highways, including the principal entrance street or streets of a
residential development and streets for circulation with a development.
Street, marginal access. A minor street parallel to and adjacent to arterial
streets or highways and which provides access to abutting property and protection
from through traffic. A marginal access street may also be called a frontªge
road.
Street, minor. A street used primarily for access to abutting properties
and not for through traffic.
Subdivision. The deivision or redivision of a parcel of land, whether improved
or unimproved, into two (2) or more lots or parcels of land each of three acres
or less in area, or, if a new street or the establishment or dedication of a lot
highway, street or alley is involved, any division of a parcel of land. The sale
or exchange of small parcels of land to or between adjoining property owners where
such sale or exchange does not create additional lots shall not be considered a
subdivision of land.
Subdivision Advisory Committee or "S.A.C." .Shall consist of the Administrative
Official, the city planner and the city engineer or their representatives. In
addition, this Committee may include representatives of the following agencies:
County Health, School District, Department of Transportation, Police Department,
Fire Department, local utility companies and other pertinent agencies or departments
which may be affected by the particular subdivision.
Surveyor. Refers to a land surveyor registered in Florida, and engaged by the
developer to survey and prepare the plat of the land proposed for subdivision.
Utility Company. Any private or public companies engaged in providing a public
service, such as electricity, telephone service, etc.
Walkway. A right-of-way intended primarily for pedestrians excluding se1f-
propelled vehicles.
Work. Shall include all construction shown or required on the plat as approved
as weïlliïs all required construction as shown on approved plans and specifications
for all facilities and features of any kind.
Section 7. Preparation of Plats.
A. Maps and plats are to be prepared by registered surveyors and plans for
required pUblic improvements shall be prepared by a registered professional engineer.
Platsò shall include area tabulation of each lot.
B. All plats shall be drawn at a scale of one hundred (100) feet to the
inch. The sheet size shall be 22~" x 27" (overall dimensions) reserving 3" margin
on the left margin of the 22~" side and a 1" margin on all remaining sides. If
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necessarYiimore than one (1) sheet may be used as long as a key map is shown to
relate each sheet to the entire planned area.
Section 8. Preapp1ication Procedure - St~p One (Optional)
A. Before any preliminary work is prepared the developer of any land within
within the City of Clermont should become familiar with the regulations and
requirements for the subdivision of land in the City of Clermont in order to avoid
heavy expenditures of time, effort and money, only to find that unnecessarily
costly changes are required by the City Council to make the plans conform to its
requirements.
B. The "Pre-application Conference" is designed to afford the developer
an opportunity to avail himself of the advice and assistance of the appropriate
city officials regarding the proposed project before he makes formal application for
subdivision approval.
C. Sketch Plan Preparation.
The developer should prepare or have prepared a sketch plan showing the
boundaries of the property to be subdivided, the rough street layout, and any other
physical information readily available. The sketch plan need·not be at any
particular scale or drawn on any special material or meeting any other specifications.
D. Staff-Developer Conference - The developer should then visit the Administra-
tive official by appointment and discuss informally his sketch idea. This informal
discussion shall not constitute formal application and may, if the developer desires,
be considered as confidential.
E. Informal Subdivision Advisory Committee Meeting -When the developer is
reasonably assured that he can proceed towards submission of a preliminary plat,
he is advised to undertake a topographic survey of his tract and bring it and
a general plan of his proposal (both drawn to scale) to the Administrative Official
for a second informal discussion by appointment -- this time with the Subdivision
Advisory Committee. This second discussion shall not constitute formal application
and may, if the developer desires, also be considered confidential.
Section g. Preliminary Plat Procedure - Step Two
A. All subdivision plans shall receive their first official consideration as
"Pre1 iminary Plats". No developer shall proceed with any construction work on
the proposed subdivision, until obtaining preliminary approval.
B. Five (5) copies of the Preliminary Plat and supplementary material specified
in Section 10 shall be submitted to the Planning and Zoning Commission with written
application for preliminary approval at least forty-five (45) days prior to the
meeting at which it is to be considered. The developer shall pay to the City
Finance Director a fee, according to a schedule established by the City Manager,
to cover the direct administrative costs incurred in reviewing the plant.
C. The Administrative Official shall be the agent for receiving these materials
and preparation for reporting in writing to the Planning and Zoning Commission the
recommendations, findings or reports of the Subdivision Advisory Committee~ He
shall also compile an, analysis of compliance or non-compliance with regulations,
applicable to the Preliminary Plat and required supplementary materials.
D. The Subdivision Advisory Committee will review the proposed subdivision
formally with the applicant at least two weeks prior to scheduled Commission review
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and shall summarize all recommendations for presentation to the Commission.
A copy of all of the Subdivision Advisory Committee's recommendations shall
be given to the developer in order that he may make any necessary changes in
the plans and resubmit two (2) white background prints of the changed plans
to the staff for checking in advance of the Commission meeting.
E. At a scheduled public hearing, the Planning and Zoning Commission will
receive reports on and review the Preliminary Plat and other required supplementary
materials to determine compliance with applicable regulations. The developer
and other persons interested in or affected by the proposed subdivision shall
have a right to be heard in person, by letter, or by agent or attorney before
action is taken by the Planning and Zoning Commission.
F. No preliminary plats shall be considered until they have been reviewed
and recommendations made, by the Subdivision Advisory Committee. The Planning
and Zoning Commission will consider the Subdivision Advisory Committee's
recommendations and then act for preliminary approval, conditional approval with
conditions noted, postponement, or disapproval. If the proposed subdivision is to
be a large one and the developer plans to construct it in stages, the nature
and extent of such stages shall be clearly delineated at this time, but the
developer must show the full extent of his development and submit, for the
entire development, plans and data as required by Section g.
G. After Planning and Zoning Commission action, the administrative official
shall notify the developer of the Commission's action in writing and request
him to pick up his set of plans and check sheets which are marked so as to
instruct him as to the Commission's action and requirements.
1. Preliminary Approval. Means that the developer is now authorized
to proceed with the preparation of the required improvement plans, outlined
in detail under Section 11. No developer shall proceed with any construction
or any other work in the proposed subdivision before obtaining preliminary
approval of these improvements in writing. Lots shall not be sold
nor shall building construction begin at this time. Preliminary approval
automatically grants t~e developer a maximum time of eighteen (18)
months within which he shall submit his final plat for approval unless
a time extension is granted by the Commission. Within this eighteen (18)
months period NO changes shall be made in the approved preliminary plat
unless they are obvious errors or omissions.
2. Conditional Approval. Means the developer may proceed as outlined
above under "Pre1 iminary Approval", but 2!!.1L after he has submitted at
least five (5) copies of the corrected preliminary plat to the staff for
distribution to the concerned agencies.
3. Postponement. Means action is delayed for specific reasons
which shall be noted and transmitted in writing to the developer by the
Commission. Certain specific changes may have to be made in the plans,
but no completely new resubmission of the plan is required for the developer.
4. Disapproval. Means denial of the application for the subdivision
because the developer's plans are not in compliance with these regulations.
For further consideration, the developer must rework his plans as though
they were a completely new preliminary plat.
Section 10. Plats and Data Required - Preliminary Plat Submission. The Preliminary
Plat shall be at a scale of one hundred (100) feet to the inch. It shall show or be
accompanied by the appropriate information:
A. Proposed subdivision name or identifying title -- proceeded by the words
"Preliminary Plan of......". The name shall not duplicate or closely approximate
the name of any other subdivision in the city.
B. The section, township and range in which the property is located. The
description of the boundary survey of the property. having a maximum error of closure
of 1:7500 to 160 acres and 1:10000 over 160 ~cres~
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C. The name; and mailing address of the property owner, the developer,
the engineer, or other persons directly involved in the proposed subdivision.
D. North arrow (with North being at the top of the map), date of prepara-
tion, and any other pertinent legend data.
E. A summary list containing the total acres, number of lots, square
feet per lot, lineal feet in streets, lot dimensions.
F. A sketch or "key map" at a scale of not more than one thousand feet to
the inch showing the position of the subdivision with relation to surrounding
streets and properties. Also, showing other important features such as railroads
and corporate limits of the adjacent city.
G. Plat of adjacent subdivision, if any, and recordation date, approximate
per cent buildup, typical lot size, dwelling type, etc. of such adjacent subdivision
or subdivisions.
H. Tract boundaries, with appropriate dimensions.
I. Conditions on tract, including all existing water courses, drainage ditches,
and bodies of water; marshes, surrounding physical features affecting the site;
isolated preservable trees one (1) feet or more in diameter and plans for tree
planting; and other significant features.
J. All existing streets and alleys on or adjacent to the tract, including
name, right-of-way width, roadway or pavement width, and. established centerline
elevations. Existing streets shall be dimensional to tract boundaries.
K. All existing property lines, buildings, transmission lines, sewers,
bridges, culverts and drain pipes, water mains, city limit lines and any public
utility easements.
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L. Location, name were applicable, and width of all proposed streets,
alleys, rights-of-way, easements, and purpose of easements; proposed lot lines with
dimensions; lot numbers, and block designations.
M. Typical sections showing street type and width, curb and gutter, sidewalks,
storm drainage and designs of any proposed fences and entrance structures. Statements
concerning storm water dispostion, method of water supply and waste disposal,
all conforming to city specifications.
N. Ground elevations on the tract, based on U.S.C. & G.S. datum level at
contour intervals of one (1) foot.
O. Subsurface conditions on the tract, location and results of tests made
to ascertain subsurface soil, rock, and ground water conditions.
P. Zoning classification on and surrounding the tract.
Q. Utilities on or adjacent to the tract.
R. Proposed public improvements, such as highway or other major improvements
planned by public authorities for future construction on or near the tract.
S. Sites and/or improvements, if any, to be dedicated or reserved for public
uses.
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T. Drafts of protective covenants, whereby the developer proposes to regu-
':late land use in the subdivision and otherwise protect the proposed development.
U Statements of approval from the Administrative Official and appropriate
city departments.
Section 11. Improvement Plan Procedure - Step Three
A. All subdivision plans receive their second official consideration as
"improvement" plans. This plan does not require Planning and Zoning Commission
action, but shall be approved by the City Engineer who shall certify to the
Commission that the plan is in conformance with these regulations and requirements.
Variance from the requirements shall be permitted only by Commission Action.
No developer, however, shall proceed with any construction work in the proposed
subeivision before obtaining this approval. In subdivisions consisting of less
than six (6) lots, if in the opinion of the City Engineer this requirement
would create an unnecessary hardship, the Engineer may waive Improvement Plan
requirements.
B. The developer shall have a Florida registered professional engineer
prepare the "improvement plans" in conformance with the format, design, and
improvement standards required by these regulations. Utility companies and other
concerned public agencies should be consulted before they are prepared.
C. The developer shall submit a Construction and Maintenance Agreement
assuming responsibility for construction and maintenance of streets, alleys
and other improvements.
D. To secure formal action on his improvement plans, the developer shall
file with the City Engineer two (2) white background prints of the improvement
plans.
E. The City Engineer shall review the proposed improvement plans and notify
the staff in writing of his approval, conditional approval or denial.
1. Approval. Means the developer is now authorized to proceed with
the physical improvement in the subdivision after securing any required
construction permits, and to proceed with preparation of the final plat.
2. Conditional Approval. Means the developer may proceed as outlined
in the preceding paragraph, but only after he has submitted two (2) copies
of the corrected improvement plans to the engineer.
3. Denial. Means disapproval of the imrpovement plans. For further
consideration, the developer must rework his plans to conform to the
requirements of these regulations, and then submit the reworked plans to
the engineer as though they were a completely new set of plans.
Section 12. Plans and Data Required - Improvement Plan Submission. The plans
for the required public improvements shall be prepared for the approval of the City
Engineer prior to construction and only after approval of the preliminary plat. Such
improvement plans shall show the proposed locations, sizes, types, grades, and general
design features of each facility, and shall be based on reliable field data.
A. The Improvement Construction Drawings shall be submitted on three (3)
b1ue1ine prints. The sheet size shall be 24" x 36" unless another size is
approved by the city engineer. The drawings shall comply with the following
information.
1. Construction Plans. The plan and profile of each proposed street
(indicating the existing ground surfaces and proposed street grade surface
including extensions for a distance of one hundred (100) feet to three
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hundred (300) feet beyond the tract boundary) as required by the City
Manager shall be at a horizontal scale of 1" = 20' or 1" = 40' depending
on density of typography and profi 1 e scales shall be 1" - 2' or 1" = 5' or
on extreme grades l' - 10'.
2. Street-Typica1·Sections. A typical section of each proposed street.
As per attached A, showing the width of pavement, the location and width
of sidewalks, where required, and rights-of-way.
3. Water Supply, Sewers and Storm Water Drainage. The plans and profiles
of proposed distribution systems, sanitary sewers and storm drainage sewers
or other drainage ways, with grade and sizes indicated.
4. The Designing Engineer shall submit to the Administrative Official
two (2) sets of "as built" plans to include every design change and lateral
locations and to be certified correct by the design engineer.
Section 13. Final Plat Procedure - Step Four
A. All subdivision plans shall receive their last official consideration as
"Final Plat". No developer shall sell any lot until after his final plat has been
approved and recorded.
B. The developer shall have a Florida registered professional land surveyor
prepare the final plat in conformance with the format, design, and improvement
requirements of these regulations. The final plat is a legal record of the sub-
division as surveyed in the field, and must agree with the preliminary plat.
C. The final plat and required supplementary material shall be submitted to
the Planning and Zoning Commission through the Administrative Official. Recording
of the final plat will be accomplished upon the requirements of the regulations.
D. Application for approval of the final plat and approval of construction
of the required improvements and required supplementary material shall be submitted
in writing at least two (2) weeks prior to the Planning and Zoning Commission
meeting at which it is to be considered. The application shall be checked by the
Administrative Official and any other city officials or agencies to the Planning
and Zoning Commission.
E. Five (5) copies of the final plat and required supplementary material
shall be prepared as specified in Section 14 and shall be submitted within
eighteen (18) months after approval of the preliminary plat; otherwise, the plans
shall not receive "final plat" consideration, but may be resubmitted as a new
"preliminary plat" for consideration as such.
F. No final plat shall be considered for action by the Planning and Zoning
Commission until it has been reviewed by the staff and recommendations made
as to its completeness, relationship to the preliminary plat and conformance
to these regulations. The Commission will review these comments and then act
for approval, conditional approval with conditions noted, postponement or disapproval.
G. After the Commission's action, the Administrative Official shall
mark two (2) copies of the pertinent final plat materials in conformance with
the Commission's action, keeping one (1) set for the staff's files and making
the other available to the developer. The Administrative Official shall then
notify the developer of the Commission's action: and request that he pick up his
marked set of pertinent final plat materials. The meaning of the Commission's
action shall be as follows:
1. Approval. Commission approval shall be set as a recommendation
to the City Council at its next scheduled meeting.
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2. Conditional~Approva1. Means the developer may proceed as outlined
in the preceding paragraph, but only after he has met the conditions
attached to the approval.
3. Postponement. Means that the Commission has deferred action until
some future Commission meeting in order that certain clarification can
be made in regard to the plans. Some specified changes may be required
by the Commission, but no new resubmission is required of the developer.
4. Disapproval Means complete denial of the present final plat
as it is not in compliance with these regulations. To seek new review
and action, the developer must rework his plans to conform with the
requirements of the regulations, and then resubmit the reworked plat
as a completely new final plat.
H. No final plat shall be considered for action by the City Council until
it has met the requirements of these regulations. The Council' will review
the Commission's recommendations for further consideration. It is the prerogative
of the City Council alone as to whether or not to accept the dedication of any
street or other proposed public dedication.
I. Within one hundred twenty (120) days of the meeting at which the City
Council approves the final plat, unless a time extension has been granted by
the Council prior to the expiration date, the original plat shall be filed for
recording with the Clerk of the Circuit Court of Lake County, or else the
Council's final approval becomes null and void. Such original of the approved final
plat shall not be altered in any manner (except as may be required by the
Council) between the dates of Council approval and recording, or else the
Council's approval becomes null and void.
J. The developer shall have one (1) reproducible copy and three (3) copies
made from the original plat, to be distributed as follows:
1. Clerk of the Circuit Court - Original and 2 linen copies
2. Planning and Zoning Commission - 1 reproducible and 1 linen
copy.
K. No building shall be erected on a lot or parcel of land subject to these
regulations nor shall any building or use permit be issued theref9r unless one of
the following conditions exist.
1. Such lot or parcel is within a subdivision for which a final
plat has been approved by the City Council and the required improvements
have been installed and accepted by the Council. Bu ild:tn!JS may , however, /
be constructed concurrently with the construction of the subdivision
improvements required by these regulations if a bond has been posted.
If there is no bond for subdivision improvements, the final inspection
of such buildings shall not be occupied until all the required improvements
have been completed and duly certified to the Council.
2. Such lot or parcel abuts a public street which has been dedicated
to and accepted by the City Council and opened as a public street or has
otherwise received the legal status of a public street, or such street is
shown on a subdivision plat prepared and recorded as provided in these
regulations. However, building permits may be refused if drainage or
other standards established herein are not met.
3. A variance has been granted.
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Section 14. Plats and Data Required - Final Plat Submission
A. The Final Plat shall be prepared by a Florida registered land surveyor.
It shall be clearly and legibly drawn in dark, stable Indian ink which cannot
be smudged or removed by ordinary handling. The plat will be done on tracing
cloth and the overall sheet size shall be 22-1/2" x 27" reserving 3" on the left
margin on the 22-1/2" side for binding and 1" margin on all remaining sides.
Where necessary, the plat may be on several sheets accompanied by an index
sheet showing the entire subdivision. For large subdivisions, the final plat
may be submitted for approval or acceptance progressively in contiguous sections
satisfactory to the Planning and Zoning Commission. Five (5) white background
prints of the plat shall be submitted by the developer whenever he makes
application for final approval. The final plat shall be at a scale of one
hundred (100) feet to the inch except where special dispensation is granted
by the Planning and Zoning Commission.
B. The final plat shall include the following features.
1. The title block shall be placed on the bottom of the sheet and
shall contain: the Subdvision Name, preceded by the words ''''Record of Plat
of..... ."; Deed Restrictions Location, deed book number, and page; Property
Identification; Person Identification, and Legend Information.
2. A written legal description of the properted lotted on the record
plat, placed at an appropriate location of the face of the plat.
3. A sketch or "key map" at a scale of not more than one thousand (1000)
feet to the inch showing the position of the subdivision with relation
to surrounding streets and properties. Also showing other important
features such as railroad and corporate limits of the adjacent city.
4. The design scheme shall be drawn at a scale of l" - lOO',
north oriented to the top of the sheet.
5. Tract boundary lines, right-of-way lines of streets and easements,
and other rights-of-way and property lines of residential lots and other
sites; with accurate dimensions.
6. Location and description of all permanent reference monuments.
7. The exact name, 10cation~ and width along the property lines of
all existing or recorded streets intersecting or paralleling the boundaries
of the tract.
8. The exact layout including street and alley lines and rights-of-ways;
street names, bearings and widths; all easements owned by or rights-of-way
provided for public utilities; lot lines with accurate dimensions. All
street names ~tiëilTI conform to the city system.
g. Lots tQ. be numbered in consecutive numerical order and blocks to
be lettered in alphabetical order.
10. The accurate outline of all property which is to be dedicated,
reserved, or proposed for public use, including drainage courses and
easements, and all property that may be reserved by covenants in deeds for
the common use of the property owners in the subdivision, with the purposes
indicated thereon.
11. Reference to recorded subdivision plats of adjoining platted
land by record number, name and date, the adjacent positions of which may
be shown in outline form.
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12. Adjacent, unplatted land shall be indicated by the words "Not
platted".
13.. A complete description of the land to be subdivided.
14. Certification by the registered surveyor attesting to the accuracy
of the survey and that the permanent reference monuments have been
established according to law and these regulations.
15. Space and form for the following necessary acceptances or approvals;
(1) Chairman of the Planning and Zoning Commission; (2) Mayor and City
Clerk of the City of Clermont; (3) Lake County Clerk of the Circuit Court.
16. The plat shall contain ohthe,face thereof an unreserved dedication
to the public of all streets, highways, alleys, parks, parkways, easements,
commons, or other public places included within the plat, such dedication
to be subscribed to by the legal and equitable owners of such lands, which
dedications shall be checked for accuracy of description by the City
Engineer and attested by a Notary Public. The City Engineer may check such
dedications as to legal sufficiency with the city's Legal Counsel.
C. Cross sections and profiles of streets and any necessary drainage
facilities shall be approved by the City Engineer. The profiles shall be drawn
to city standard scales and elevations shall be based on a U.S.C. & G.S. datum
plane.
D. Protective covenants shall be in form for recording.
E. No plat shall be accepted or approved unless and until all taxes and
statutary mechanics' liens levied against the lands included in such plat have
been paid and discharged.
F. For construction and installation of municipal improvements, the developer
shall provide with the final plat, certification that he shall file with the City
Finance Director within Thirty (30) days after approval or acceptance of the final
plat by the City Council a surety bond guaranteeing that all required work shall
be completed in full accordance with the final plat and all conditions attached
thereto. Construction and installation of municipal improvements or otherwise
shall not commence prior to posting of bond. Said bond shall be in an amount equal
to one hundred and fifteen per cent (115%) of the sum of engineering and construction
costs, including landfill, as determined by the Administrative Official. If
bond is not thus furnished, the final approval or acceptance of the plat shall
be automatically void, and the plat shall not be filed or recorded. All required
work shall be completed within a period of twenty-four (24) months from the date
of acceptance of the final plat. One twelve (12) month extension may be granted at
the discretion of the City Manager.
G. Every final subdivision plat submission shall be accompanied bYJ·a maintenance
bond guaranteei ng the performance of streets, dra i nage faci 1 i t.ies·, water :ánd:sewer
facilities and any other physical improvements, for one year after construction is
certified by the City Engineer as having been completed. Amount of bond shall
be $1.00 per lineal foot.
H. Every final subdivision plat submission shall be accompanied by Merchantable
Title - either Title Insurance Policy or Attorney's opinion of Title.
Section 15. Inspections
A. Upon completion of all work under bond, the developer's engineer shall
submit to the City Manager a certificate stating that the work has been entirely
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completed, that it was constructed under his supervision, and that it conforms
in all respects to the final plat and plans for required improvements and to
the specifications set by these regulations. Upon receipt of this certificate
of completion, the Administrative Official and/or the City Engineer shall make a
final inspection of each of the contract operations on the site. If the work
conforms to all plans and specifications, the City Manager shall inform the City
Council by letter which body shall endorse the said letter and transmit it to
the developer or the developer's engineer. The letter shall constitute authority
for release of the contractor's performance bond by the developer. In the
event certain elements of the uncompleted project do not conform to the require-
ments of these regulations and the plans and specifications, the City Manager
shall notify the City Council in writing and that body shall transmit the same
,to the developer's engineer so that corrective measures may be instituted within
the life of the construction contract and within the tenure of the contractor's
performance bond.
B. Upon completion of all of the elements of the work in accordance with
these regulations and the plans and specifications, the City Engineer and the
City Manager shall submit a certification to the City Council that the work has
been acceptably completed. A registered surveyor shall certify that the permanent
reference monuments have been emplaced after construction. The City Council shall
accept, modify or reject this recommendation. If approved, the performance bond
of the developer shall be released.
C. Before the performance bond will be released, the developer shall furnish
to the Ci ty Manager one (1) 1 i nen copy of "As-Bui It'' constructi on drawi ngs,
along with one (1) b1ue1ine print to the City Engineer and one (1) b1ue1ine print
to the Administrative Official. The sheet size shall be 24" x 36" unless another
size is approved by the Administrative Official. The drawing shall be referenced
to the name and unit.
Section 16. Design Standards The subdividing and developments of any area
subject to this ordinance shall be in conformity with the city's general goals, objectives,
and established city policies and plans.
A. Streets
1. The arrangement, character, extent, width, grade and location of
all streets shall conform to the general city plan and shall be considered
in their rè"ations to existing and planned streets, to topographical conditions,
to public convenience and safety and in their appropriate relation to the
proposed uses of the land to be served by such streets.
2. Where such is not shown in the general city plan, the arrangements
of streets in a subdivision shall either provide for the continuation or
appropriate projection of existing principal streets in surrounding areas,
or conform to a plan for the neighborhood approved or adopted by the Planning
and Zoning Commission and the City Council to meet a particular situation
where topographical or other conditions make continuance or conformance
to existing streets impracticable.
3. Minor streets shall be oriented to discourage through traffic.
4. Where a subdivision abuts or contains an existing or proposed arterial
street, the Planning and Zonining Commission may recommend and the City Council
may require marginal access streets, revise frontage with screen plahtdng
contained in a non-access reservation along the rear property line, deep lots
with rear service lanes, or such other treatment as maY"be necessary for the
adequate protection of residential properties and to afford separation of
through and local traffic.
5. Where a subdivision borders on or contains a railroad right-of-way
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or" limitèd:access, hi ghway;:ri ght,;õf~\'IaY, the developer shall provi de an access
street approximately parallel to and on each side of such right-of-way, at
a distance suitable for the appropriate use of the intervening land, as for
park purposes in residential districts, or for commercial or industrial
purposes in appropriate districts. Distances involving rights-of-ways
shall also be determined with due regard to the requirements of approach
grades and future grade separation.
6. Reserve strips controlling access to streets shall be prohibited
~,: except where their control is definitely placed in the city under conditions
prescribed by the Planning and Zoning Commission and approved by the City
Council.
7. Street jogs, or centerline offsets in the horizontal"alignment of
streets across intersections of less than 150 feet shall be prohibited,
except where topographic situations make this provision impracticable.
8. A tangent of at least one hundred (100) feet shall be introduced
between reverse curves on arterial, collector and minor streets.
g. Curvilinear streets are recommended for residential minor and collector
streets in order to dð.scourage excessive veh.icu1ar speeds and to provide
attractive vistas. Whenever a street changes direction or connecting streets
deflect from each other by more than ten (10) degrees, there shall be a
horizontal curve. To insure adequate distance, minimum center line radii
for horizontal curves shall be one hundred and fifty (150) feet for minor
streets, three hundred (300) feet for collector streets and seven hundred
and fifty (750) feet for arterial streets.
10. The centerline of no more than two (2) streets shall intersect at
anyone point. Streets shall be laid out so as to intersect as nearly as
possible at right angles and no street shall intersect any other street at
less than sixty (60) degrees. Curved streets shall have a minimum tangent
of one hundred (100) feet at intersection.
11. Property lines at street intersections shall be rounded with a
radius of ten (10) feet, or of a greater radius where the Planning and Zoning
Commission may recommend and the City Council may deem it necessary. The
Planning and Zoning Commission may recommend and the City Council may permit
comparable cut-offs or chords in place of rounded corners.
12. There shall be no private streets or easements for street use platted
in any subdivision unless so recommended by the Planning and Zoning Commission
and approved by the City Council.
13. Private streets as a principal means of access to individually owned
lots shall be prohibited.
14. Minimum street right-of-way widths, unless otherwise indicated or
required by law, shall be as follows:
Street Type Minimum Roadway width
a. Ri ght~of-Way Face to Face of Curb
Arterial 100 feet 48 feet
Co 11 ector 80 feet 32 feet
Minor 60 feet 24 feet
Marginal Access 40 feet 20 feet
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b. The Planning and Zoning Commission shall recommend and the
City Council shall determine:
(1) final designation of a street type from 14(a) above.
Rights-of-way for marginal access streets may be reduced when
conditions warrant.
(2) additional right-of-way when required to promote public
safety and convenience, or to insure adequate access, circulation,
and parking in high density residential, commercial, or industrial
areas.
(3) Curb radii at street intersections shall be a minimum
of twenty-five (25) feet.
(4) Where a subdivision abuts on or contains an existing
street of inadequate right-of-way width, additional right-of-way
in conformity with the above standards shall be required for new
subdivision.
15. Half or partial streets shall be prohibited.
16. Dead end streets, designed to be so permanently, shall be prohibited
except where designed as a cul-de-sac. Such streets shall not exceed six
hundred (600) feet in length without special permission of the City Council,
where due to unusual circumstances a greater length may be deemed necessary.
They shall be provided at the closed end with a circular dedicated area
with a diameter of not less than eighty (80) feet with sixty (60) feet width
of paving. Streets terminated temporarily shall end in a cul-de-sac.
17. All streets within a subdivision hereafter established shall
be named. No name shall be used which will duplicate or be confused with
existing street names, and all names shall be approved by the City Council.
18. Street grades shall be determined in relation to the drainage
installations for the subdivision; whenever feasible street grades shall
not exceed eight (8) percent or be less than .40 percent, unless otherwise
approved by the City Engineer.
19. No wall, fence, or entrance gate shall be erected upon any
dedicated pub1ic-right-ofway unless bonded perpetual care is provided
by the developer and the design is approved by the City Council.
B. Alleys
1. Alleys shall be provided in commercial and industrial districts,
except that the Planning and Zoning Commission may waive this requirement where
other definite and assured provision is made for service access, off-street
loading, unloading and parking consistent with and adequate for the uses
permissible on the property.
2. The width of an alley shall not be less than thirty (30) feet
with a paving width of twenty (20) feet.
3. Alley intersections and sharp changes in alignment shall be avoided,
but, where necessary, corners shall be cut off sufficiently to permit safe
vehicular movement.
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4. Deadend alleys shall be prohibited.
C. Easements
1. Easements across lots, where necessary, or centered on rear or
side lot lines shall be provided for utilities and shall be at least
(12) feet in width, except that easements where required for installation
of sanitary and storm drainage systems and to meet other special utilities
requirements shall be fifteen (15) feet wide or as otherwise specified
by the City Engineers.
2. Easements, when required for drainage of the area to be subdivided,
shall be of such width as is necessary to permit proper construction
of drainage facilities based on the drainage system of the area. No
subdivision shall block or obstruct the natural drainage of an adjoining
area. Existing natural drainage shall be maintained where possible.
Parallel streets or parkways may be reqq~r.ed in connection therewith where
necessary for service maintenance and other measures for safety may be
required. This maintenance strip shall be a minimum of twnety-five (25)
feet in width.
3. Where necessary for safety and convenience, pedestrian and service
easements, not less than ten (10) feet wide, shall be provided.
4. Required easements within proposed subdivisions shall be provided
at no expense to the City of Clermont.
D. Block Standards
, ,
1. The lengths, widths, and shapes of blocks shall be determined with
due regard to providing adequate building sites suitable to the special needs
of the type of use contemplated, the zoning requirements as to lot sizes
and dimensions, the needs for convenient access, circulation, control and
safety of street and pedestrian traffic and fire protection, and the limitations
and opportunities of topography, with special emphasis on drainage of the
proposed subdivision and the possible adverse effects of that drainage
on properties surrounding the subdivision.
2. Block lengths shall not exceed 1,200 feet, or be less than 600 feet
in residential areas, except the Planning and Zoning Commission may, where
special conditions exist, recommend blocks of greater or lesser length.
3. Blocks intended for non-residential uses shall be of such length,
width and other design that the Planning and Zoning Commission finds
necessary for the prospective use, including adequate provision for off-street
parking, loading and unloading of trucks, and limitation and control of
vehicular access points to adjacent streets.
4. Pedestrian crosswalks, not less than ten (10) feet wide shall be
required where deemed essential to provide circulation, or access to schools,
playgrounds, shopping centers, transportation, and other community facilities.
E. Lot Standards
1. Each lot shall abut on a street which shall be dedicated to the
public and which shall conform to the design requirements of these regulations.
Each lot shall front on a public street a minimum distance of 15 feet.
2. In the general layout of the subdivision, consideration shall be
given to orientation of lots with respect to sun angles and prevailing winds
as well as to the separation of incompatible land uses. Residential lots
which f~ce commercial or industrial areas or which face major streets shall
be avoided wherever possible.
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3. Corner lots for residential use shall be of sufficient width
to permit compliance with the required minimum setback line on all property
lines which abut upon streets.
4. Side lot lines shall be at right angles to straight street
center lines, and radial to curved street center lines, where possible.
Entrance of automobiles from the lot to the street shall be approximately
at right angles or radial to street lines. Rear lot lines shall consist
of straight lines, where possible.
5. Double frontage and reverse frontage lots should be avoided
except where essential ·to provide separation of residential development
from traffic arteries or to overcome specific disadvantages of topography
and orientation. A planting screen easement of at least ten (10) feet,
and across which there should be no right of access, shall be provided
along the line of lots abutting such a traffic artery.
6. Lake front lots shall have mi nimum uack 1 i nes of tl'.'enty-fi ve (25)
feet from the established high-water mark.
7. All portions of the tract being subdivided shall be placed in
lots, streets and open spaces so that remnants and land locked area are not
created. If remnants of land do exist after subdivision, and have no
apparent future use which can be properly controlled, they shall be
incorporated into the lots of the proposed lotting scheme.
F. Parks and Recreation Sites
1. It is the intent of these regulations that properly located parks,
play grounds and recreation facilities be provided. When lands are subdivided
within the city, a~ least five (5) percent of the gross area of such lands
shall be dedicated by the owner or developer to the city for parks and
recreation purposes. The location of such park and recreation area shall
be clearly shown and no final plat shall be accepted without these areas
clearly shown and their location approved by the City Council. Where property
abuts a lake, the Planning and Zoning Commission may recommend and the City
Council may require that the five (5) percent dedication or any part
thereof be 1akefront property.
2. If, in the judgment of the Planning and Zoning Commission and the
City Council, the land area to be subdivided is too small for a park or
recreation area to be dedicated from such land, then the owner or developer
shall pay to the city a sum of money, equal to five (5) percent of the value
of the gross area to be subdivided, such money to be held in escrow and used
by the city for the purpose of acquiring park and recreation areas and for
no other purpose. Determination of the value of the gross area to be sub-
divided shall be the value of the land with public improvements and shall
be determined jointly by the City Council and the owner or developer. If the
City Council and the owner or developer cannot agree on a land value, then
the value shall be determined by arbitration. The City Council and the owner
or developer shall each appoint a professional lãn'dl appraiser, and these two
shall appoint a third. The total cost of such appraisal shall be borne by
the owner or developer of the land being subdivided.
3. The provisions of this section shall not be deemed to prohibit
the City Council from requiring the dedication or reservation of such other areas
or sites of a character, extent, and location suitable to the needs created
by a particular development for schools, parks, or other neighborhood purposes.
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Section 17. Public and Other Improvements. Approval of the final plat shall be
subject to the subdivider having submitted to the city plans and specifications for
all improvements required by the City of Clermont, these plans and specifications being
approved by the appropriate city officials prior to commencement of construction and
receipt of an acceptable performance bond. A f10rida registered professional engineer
shall be employed to design the required improvements. After required improvements
have been constructed under his supervision, such engineer shall submit certification
to the city that such improvements have been constructed according to the approved
plans and specifications.
The City Engineer shall inspect all construction subject to these regulations. He
shall be authorized to call to the attention of the contractor any failure of work or
materials to conform with the plans and specifications and, thus failing to secure
appropriate results, such attention shall be called to the developer and his engineer.
The City Engineer shall have the authority to reject materials or suspend the work when
not in conformity with approved plans and specifications. He shall require laboratory
tests or field measurements for:
Subgrade and shoulders - width, depth, density and Florida bearing
value
Base - width, depth, density, crown
Surface - width, depth, extraction and stability
Concrete - compressive strength
such tests to be made by a duly licensed testing laboratory at the developer's expense.
A. Monuments
1. Within each block of a subdivision at least two monuments and
designated as control corners shall be installed. All monuments shall be
constructed of concrete and shall be at least four (4) inches in diamter
or square and not less than four (4) feet in length. Each monument shall
have embedded in its top or attached by a suitable means a metal plate of
noncorrosive material marked plainly with a point, the surveyor's registration
number, the month and year it was i nta 11 ed, and the words, "Permanent
Reference Monument" or the initials, "P.R.M.". Monuments shall be set in the
ground so that top is flush or no more than four (4) inches below the
finish grade.
2. Steel or wrought-iron pipe or the equivalent not less than
three-fourths (3/4) inches in diameter and at least ti;hhtty-six (36) inches in
length shall be set at all block corners, points of intersection, points
of curvature, and points of tangency along the right-of-way except"those
located by concrete monuments at the time the final inspection of the required
improvements, a surveyor's certificate indication that the P.R.M.'s are in
place shall be provided.
B. Sign and Markers
1. The developer shall furnish and install street signs or markers
at all intersections, such markers or signs to be of a size and type
specified by the city.
2. The developer shall furnish and install stop signs, yield signs,
no parking signs and all other necessary traffic control signs as specified
by the City.
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C. Sidewalks
1. Sidewalks shall be constructed where recommended by the Planning
and Zoning Commission and required by the City Council and shall be constructed
five (5) feet wide, four (4) inches thick and six (6) inches thick at
driveways.
2. Sidewalks shall be located within the street right-of-way. Sidewalks,
when required shall be. constructed prior to issuance of a certificate of
occupancy on family dwellings or other structural improvements on the lot.
D. Street Lights
1. For the safety, convenience and attractiveness of the subdivision,
on-site or public street lights shall be installed.
2. The location and design shall be in accordance with City specifications
and standards and approved by the Administrative Official.
E. Street Trees
1. For the safety, convenience and attractiveness of the subdivision,
street trees may be required.
2. These trees shall be a minimum caliper of 1-1/2 inches, planted
between the sidewalk and the street curb and gutter. The Administrative
Official shall approve the tree planting program to include variety of
street trees used.
F. Utilities
1. In residential subdivisions, utility service connections to
individual properties for electricity, telephone, gas and television communication
shall be placed underground as per existing åti1ity company policy.
2. Wherever possible, utility lines other than water and sanitary sewer
shall be located along the rear lot lines. If parallel to a curb, the lines
shall be at least two (2) feet outside the back of the curb. In general,
all water lines and sanitary sewers shall be located within the street rights-of-
way.
G. Storm Drainage
1. An adequate storm drainage system, including storm sewers, drain
inlets, manholes, culverts, bridges and other apurtenances, shall be required
in all subdivisions to the extent that the foregoing elements are required
and approved by the Planning and Zoning Commission and installed in accordance
with the plans and specifications of the City Enginner.
2. All natural drainage ways shall be preserved at their natural gradient
and shall not be filled or interfered with in any way, except as approved
by the City Council. If in the judgment of the City Council, a natural
drainage way needs to be preserved in the public interest, a storm drainage
easement of a width or to an elevation specified by the City Council, shall
be required and reserved as a public storm drainage easement with the deed
rights to these natural drainage easements dedicated to the public.
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ORDINANCE NUMBER 61-C
3. The drainage system shall be design using accepted engineering
principles for rainstorms of maxium intensity based on a ten year interval
for the Central Florida area. The system shall be designed by a registered
professional engineer in the State of Florida and shall provide for drainage
of lots, streets, roads and other public areas as well as handling and
runoff from adjacent areas that naturally flows i:ntQ tlje sùbj.ect area,!
Runoff coefficients shall be baseddonr,completed projects.
4. If the added run-off from the developed area will, in the judgment
of the City Engineer, overtax or overload existing facilities, then the
developer shall include in his plans sufficient work to enlarge the present
facilities to care for the added drainage imposed on the system.
5. Where land may be subject to periodic flooding by the over flow
from lakes, canals, or streams, a flood plain must be established and
clearly designated on the final plat. No building will be permitted within
the area of the flood plain, unless the entire area to be utilized for
building is filled to a height of five (5) feet above the flood plain.
6. Construction of drainage facilities must be completed and the
construction approved by the City Engineer.
7. The following standards shall apply to all drainage projects.
a. Developer's engineer shall furnish drainage map to Çity
Engineer showing entire area to be developed and, if feasible, all
remaining area in the same watershed. Final disposal of storm waters
sha 11 be shown.
b. The drainage system shall be designed for:
(1) Long Life
(2) Low maintenance cost
(3) Ease of maintenance
c. Where the following methods of drainage, using pipe, are
required the following standards apply:
(1) Cross-drain pipe
(a) Reinforced: concrete or
(b) Asphalt coated corrugated metal
(c) Minimum size 18" or equal
(d) Cover 1-1/2' below base
(e) Headwall, inlet or mahole required each end
(2) Storm Sewer
(a ) 'Reinforced concrete
(b) Asphalt coated corrugated metal
(c) Minimum size - 15" or equal
(d) Inlet or maho1e required at each change of alignment or grade
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(3) Side drain pipe
(a~ Concrete
(b) Plain corrugated metal
(c) Plain aluminum
(d) Minimum size - 15" or equal
d. Bridges - steel and concrete will be the type materials permitted
in the construction of bridges. The bridges must be designed to have
an H-20 loading and a width four (4) feet wider than the roadway.
e. Curb - Curb and Gutter - will be required and must be either
the standard type curb and gutter or the Miami curb.
f. Headwal1s - Shall be constructed of either gravity or
cantilever concrete or sand - cement rip rap 5:1 mix in approved bags.
g. Inlets - Shall be either reinforced concrete or brick.
h. Manholes - May be either reinforced concrete or brick.
8. All necessary drainage easements shall be furnished at no expense to
the City of Clermont and meet the following standards:
a. Top channel widths from 0' - 50' require top width plus 25'
b. Over 50' top channel widths require top widths plus 25' each side.
c Pipe - 20' minimum (Right-of-way or easement)
g. Filters, screens and other environmental protection measures as
required by the City Council shall be provided.
H. Sewer and Water
1. City water, sanitary sewer, and storm sewer shall be provided in
each new subdivision unless the Planning and Zoning Commission recommends
and the City Council determines, after public hearings, that conditions
are such that this requirement or a portion of it may be set aside. City
water shall be available for fire control prior to commencing building
construction. Whenever the City Council permits private septic tanks,
private sewerage systems or private water systems, the plans must be approved
by all requisite State, County, and City authorities before approval of the
final plat.
2. Water and sewerage systems shall be designed and constructed in
accordance with the standards and regulations of the State Board of Health,
County Health Department and the standards established herein. These systems
shall be designed by a Florida registered professional engineer; construction
shall be inspected and certified by a Florida registered professional
engineers, and three (3) sets of As-Built Plans shall be prepared and furnished
the city upon completion of these systems.
3. A looped central water system of six (6) inch water mains or larger
connected to the city's system shall be provided in all residential or commercial
subdivisions unless approved otherwise by the City Engineer. The system shall
be designed and constructed to satisfy the domestic requirements established
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by the State Board of Health and the fire protection requirements established
by the National Board of Fire Underwriters. As a minimum standard, the
distribution system shall be capable of delivering in addition to domestic
requirements at residual pressures of not less than 20 pounds per square
inch, fire flows of at least 750 gallons per minute in single family residential
subdivisions, and 1,250 gallons per minute in commercial, institutional,
and industrial areas. Fire hydrants of a type approved by the Administrative
Official in single family residential subdivisions shall be spaced no greater
than 500 feet from any part of a building and shall be connected to mains.
The location and instal1ation~!, of fire hydrants shall be determined by
the Administrative Official. All water mains shall be cast iron pipe. All
single service lines shall be a minimum of one (1) inch; all double
'service lines shall be a minimum of two (2) inches.
4. A central sanitary sewerage system shall be provided in all
subdivisions unless requirement is waived by the Planning and Zoning
Commission, and such waiver is approved by the City Council. The system
shall have a minimum of eight (8) inch mains. No sewerage system shall be
designed or constructed in such a manner as to adversely affect the water
quality of any existing stream, lake or underground aquifer. All sanitary sewer
mains shall be V.C. Force mains shall be cast iron. The cast iron shall
contain the physical properties of 21/45 iron. The thickness classes shall be 4"-
class 22,6" - class 21, 8" or 10" Class 20.
5. Whenever individual sewerage disposal systems are permitted, the
following conditions must be met: (a) The soil and water table conditions
on the lot must be satisfactory for the installation of drainfie1ds pursuant
to the regulations of the State Board of Health and the Lake County
Health Department; (b) the use of individual sewerage systems would not
hinder or obstruct the orderly and economic extension or development of the
municipal system; and (c) such systems are located in the front yards or
other locations which would provide a convenient and economical connection
to a future sewerage system.
6. Cost of installing water, sanitary sewer, and storm sewer facilities
shall be borne by the developer, provided, however, that where the developer
is required to install larger lines or facilities than necessary to serve
his development in order to provide for future development, the difference
in costs between installing facilities adequate for the subdivision and
the oversize lines shall be ~orne by the city; subdividérs shall make sure
of such oversize facilities and the City shall assess such cost to such
future developers.
7. Facilities to be installed under this section must be constructed
and approved by the City Engineer before the developer is rel eased from bond.
I. Street, Curbs and Gutters
1. All streets and public ways shall be cleared and graded to their
full paving width, including side slopes, and to the specified grade. If
required to prevent erosion or excessive washing of the shoulders, protective
measures shall be taken by the developer as required by the City Engineer.
Excavations and depressions must be properly backfilled and compacted.
2. A properly prepared subgrade and an approved road base and wearing
surface shall be provided for all streets. Each street shall be paved to
the minimum width established in these regulations and as per Attachment A.
3. Concrete curbs and gutter shall be constructed on all streets and
shall be installed according to the standard established by the City Engineer.
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CODE ORDINANCES
N~
178
ORDINANCE NO. 61-C
J. Upon completion of the work and approval by the City Engineer, the
work will be accepted subject to a maintenance bond being posted by the contractor
or owner, in the amount of one (1) dollar per linear foot (centerline measurements)
of all streets in the subdivision, made payable to the City Council, City of
Clermont, furnished by a bonding company approved by the City Attorney, for
one (1) year from date of inspection.
K. To prevent disputes and litigations, it is agreed by the parties hereto
that the City Engineer shall decide all qaestions, difficulties and disputes,
of whatever nature, which may arise relative to the interpretation of the plans,
construction, prosecution, and fulfillment of the contract.
Section 18. Variances When a developer can show, that due to no fault of his
own, but because of strict interpretation of these regulations, a hardship has been
created, the Planning and Zoning Commission may vary said regulations, but after the
following events happen.
A. The developer shall file an application with the Administrative Official
stating clearly and definitely the reason for a request of variance.
B. The Commission shall determine whether a hardship exists that is the
result of the ordinance or the natural features of the land and not the fault
of the developer and whether the variance will not adversely affect the adjacent
property nor will it be detrimental to general public interest.
C. When subdvision plans have been submitted to the Planning and Zonning
Commission and City Council and have been approved-by them and then submitted
to the Federal Housing Administration or Veterans' Administration, and the
latter agencies propose changes in the subdivision plats as a condition of their
approval, such proposed changes shall be accepted by the Planning and Zoning
Commission and City Council as prima facie evidence of a hardship and the changes
will be accepted under the provisions of this section.
Section 19. Administration and Enforcement. The City Manager shall administer
and enforce this subdivision code.
Section 20. Powers of City Manager In addition to the standards set out in
these regulations, the City Manager is empowered to prescribe additional standards and
specifications governing the installation of water and sewer lines, the drainage of
streets and adjacent areas, the installation of curbs, gutters, and sidewalks and the
grading and paving of streets. Such standards and specifications shall after recommendations
of the Planning and Zoning Commission and approval by the City Council, have the same
force and effect as if recited in detail in these regulations.
Section 21. Conflicting Regulations
A. Whenever any provisions of these regulations imposes more stringent
requirements, regulations, restrictions, or limitations than are imposed or
required by the provisions of any other law, ordinance, regulations, or restrictive
covenants, then the provisions of these regulations shall govern. Whenever any
provisions of any ordinance, law, regulations, or restrictive covenants are ~pre
restrictive than this resolution, then such ordinance, regulations, law, or
restrictive covenant shall govern.
B. Should any article, section, paragraph, sentence, ëlàuse, phrase, or
other part of this ordinance be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of this ordinance as a whole
or the parts of the ordinance not declared to be invalid.
.
.
CODE ORDINANCES
ORDINANCE NO. 61-C
No. 179
C. This ordinance shall become effective immediately upon its passage.
Section 22. Penalties Any person, who being the owner or agent of the owner of
any land located within the· City of Clermont, thereafter transfers or sells such land,
or any part thereof, by reference to a plat showing a subdivision of such land before
such plat has been approved by the City Council and recorded in the office of the
Clerk of the Circuit Court of Lake County, Florida, and any person to whom such transfer
of sale is made, shall be guilty of a misdemeanor and shall be punished accordingly;
and each day that any structure of land is used in violation of these regulations shall
constitute a separate offense.
Section 23. Amendments. The ordinance may be amended from time to time by
the City Council, but no amendment shall become effective unless it shall have been
proposed by or shall have been submitted to the Planning and Zoning Commission for review
and recommendation. The Planning and Zoning Commission shall have thirty (30) days
within which to submit its report. If the Planning and Zoning Commission fails to
submit a report within the specified time, it shall be deemed to have approved the
amendment.
Section 24. Appendix Authorized. There may be attached to any copies of this
Ordinance used for public information and guidance an appendix containing all or any
of the following: any technical specifications and standards adopted as aforesaid;
any plans legally adopted by the city, a true copy of the comprehensive plan, a true
copy of the Master Drainage Plan, and any other appropriate addenda. However, such
appendix shall be understood as not having been adopted by this reference. Nothing
in the appendix shall be considered to alter or modify anything stated in this Ordinance/.
Section 25. All Ordinances, or parts of Ordinances, in conflict herewith are
hereby repealed.
Section 26. This Ordinance shall be posted by law and it shall become law and
shall take effect immediately upon its being posted as provided by law.
First reading this 21st day of November, 1971.
Second reading this 11th day of January, 1972.
.~~~~.PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY,
/At6RIDI\"'0-l~~I¡" 11th day of January, 1972.
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\':;TEST:~I~tP...J fJ-f;'AÁÆ£
C1 ty C1 erR
APPROVED by me this //~ day of
CITY OF CLERMONT
By »-ð'-zL- é ~
President of Council
~~r ' 1972
y+~~ é ~
Mayor
CERTIFICATE OF POSTING
I HEREBY CERTIFY that a certified copy of the foregoing Ordinance was posted on the Public
Municipal bulletin board for a period of not less than one (1) week, as required under
the Charter of the City of Clermont, Florida, beginning~~'LQL~}Z,~~MØ ~
City Clerk
.
.
ATTACHMENT A
4,r-4"
I" TYPE D ASPHALTIC CONe.
I/I"/'T._ /
J L6" ~tI£ftœK BASE
n.v.
..."....10 "'-8A8E TO 40"8.I.
MINIMLN ANY ROADWAY
I" TY" n ao' ", 2L
ASPlIALTIC CONe:. \
~ CONCRETE W",t_
ãN a GUTTER r I 1 r4"
6" UMEROCK 8"'-.1 L 6" STA81LlZED SL8-1A8E
TO 40 P.S,I. ,..v.
I'" TYPE:tn . . 12' or 48' ~
' ASPHALTIC C ~ IIJ" 1FT, .....
2 CONCA£TE '~. . I.- 4"
CURl a GUTTER /
8" LlMEROCK BASE L
. s" STASIUZED sua-BASE TO 40 P. 5.1.
Pia.1t
Note: The above typical section shall be used in all normal situations.
However, the City reserves the right to allow or require deviations
from the above which may include heavier and more costly sections
than shown.