Chapter 13.5 SUBDIVISIONS OF LAND

Sec. 13.5‑1. Definitions.

For the purpose of this article, certain words or terms used herein shall be defined as follows:

Development shall be defined as set forth in Section 380.04, Florida Statutes.

Newspaper of general circulation means a newspaper meeting the requirements of Sections 50.011 and 50.031, Florida Statutes.

Subdivision means and refers to the division of real property into three (3) or more tracts or parcels of land. (Ord. No. 91‑2, 1, 11‑7‑90)

Sec. 13.5‑2. Approval required prior to filing plats.

(a) No person shall file for record or cause to be filed for record any plat or map of a subdi­vision of any tract of land, or portion thereof, located within the town, whereby the tract or por­tion thereof is shown on the plat or map to be subdivided into lots and blocks, either with or without street rights‑of‑way, unless the plat or map, before filing for record, shall have been sub­mitted to and approved by the town council.

(b) It shall be unlawful to convey property by reference to a plat or map of a subdivision of any tract of land, or portion thereof, located within the town, unless the plat or map has been previ­ously approved by the town council, or other governmental body having jurisdiction, and filed for record.

(c) All plats or maps of the subdivision of any tract of land, or portion thereof, submitted to the town council shall be prepared consistent with the regulations in Chapter 177, Florida Stat­utes. (Ord. No. 91‑2, 2, 11‑7‑90)

Sec. 13.5‑3. Platting.

(a) Approval. No lot or parcel of property shall be platted or replatted without prior approval of the town council.

(b) Application. An application for platting or replatting may be obtained from the town clerk and shall be completed by the applicant.

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*Cross references–Planning and development, Ch. 11; zoning and planning board, 17‑30 et seq.; board of ad­justment, 17‑46 et seq.

(c) Notice of hearing. Upon receipt of the application, the town clerk shall cause a no­tice of the application and the time and place of the hearing thereon to be published at least fif­teen (15) days and not more than thirty (30) days prior to such hearing, in a newspaper of general circulation, and shall post a copy of said notice in the town hall. The town clerk shall also send by certified mail a notice to those persons owning property within the radius of two hundred (200) feet of the property lines affected by the application.

(d) Mailed notice. The mailed notice shall include the following:

(1) That any persons owning property within the said radius above shall have the right to protest the platting or replat­ting requested.

(2) That protests may be filed in writing in the office of the town clerk not more than ten (10) days after the date the notice was published.

(3) That the person who has timely filed a written protest may be heard at the hear­ing, giving the time, date, and place of same.

(4) The particulars of the platting application.

(5) That any person desiring to appeal the determination of the town council may need to ensure that a verbatim tran­script of the hearing is prepared.

(e) Protests. Prior to the public hearing the town clerk shall forward to the town council the application and any protests filed regarding same.

(f) Costs. The costs incurred by the town for the required pub­lication of notice(s) and for the required mailing of copies of such notice(s) shall be paid by the applicant submitting the proposed plat or replat. (Ord. No. 91‑2, 3, 11‑7‑90)

Sec. 13.5‑4. Construction on unplatted lands.

No development shall be undertaken on unplatted land without the recommendation of the zoning and planning board and ap­proval of the town council, unless said development is in compli­ance with all provisions of this Code. (Ord. No. 91‑2, 4, 11‑7‑90)