§ 47-24.5. Subdivision regulations.  


Latest version.
  • A.

    Subdivision approval.

    1.

    Applicability of subdivision regulations. No person shall create a subdivision of land nor develop land in the city unless it conforms to these regulations. A subdivision shall be defined as the division of land into two (2) or more lots, sites, tracts, parcels or other designations whether by recorded plat, unrecorded plat, or by metes and bounds description.

    2.

    Platting required. No building permit shall be issued nor shall a certificate of occupancy be issued for the construction of a principal building on a parcel of land unless a plat including the parcel or parcels of land has been recorded in the public records of Broward County subsequent to June 4, 1953 (Commencing at P.B.32, p.15), except as provided herein.

    3.

    Exceptions to platting. The requirements in subsection A.2, shall not apply to an application for a building permit which meets any one (1) or more of the following criteria:

    a.

    Construction of one (1) single family dwelling unit or duplex on a lot or parcel which lot or parcel was of record as such in the official records of the county as of March 1, 1989;

    b.

    Construction of any principal structure for a multifamily or nonresidential use on a lot or parcel which is less than five (5) acres in size and specifically delineated on a plat recorded on or before June 4, 1953;

    c.

    A building permit may be issued for a parcel of land for which plat approval has been given by the city commission and the county although the plat has not yet been recorded, provided such authorization is granted in an agreement among the developer, the city and the county. Such agreements shall, at a minimum, require compliance with the applicable provisions of plat approval and shall prohibit the issuance of a certificate of occupancy until the plat is recorded. The city and the county shall be required to make a finding that facilities and services will be available at the adopted level of service standards, concurrent with the issuance of the building permit;

    d.

    A building permit may be issued for an essential governmental facility after plat review by the city where the city and county finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the city and county determines that public facilities and service standards will be available concurrent with the impact of the development of the governmental facility. Such a finding of adequacy shall be made by agreement between the city and the county. A certificate of occupancy shall not be issued until the plat is recorded. In addition to meeting the above criteria, the issuance of the building permit shall be subject to all of the following:

    i.

    Compliance with the applicable land development regulations; and

    ii.

    Any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan and the city's street width provisions provided in this section has been conveyed to the public by deed or grant of easement.

    4.

    Resubdivision of lots of record. Division of lots in a subdivision of record shall be permitted as follows:

    a.

    Lands platted before June 4, 1953. A lot or parcel specifically delineated in a plat recorded on or before June 4, 1953, which is less than five (5) acres in size and is reduced in size in combination with enlarging an abutting specifically delineated lot or parcel provided the resulting lots satisfy the dimensional requirements of the zoning district in which they are located, as well as these subdivision regulations. In addition, any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan must have been conveyed to the public by deed or grant of easement. In addition:

    i.

    In the RS-4.4, RS-8 and RD-15 districts lots or parcels may be recombined without replatting provided the resulting lots are not reduced in size below that in the original subdivision of record, except that each unit of a duplex in an RD-15 district may be on a separate lot of three thousand (3,000) square feet.

    ii.

    In all other districts, lots may be recombined without replatting if no additional building lots or parcels are created.

    b.

    Lands platted after June 4, 1953. A lot or parcel specifically delineated in a plat recorded after June 4, 1953 which is less than five (5) acres in size and is reduced in size in combination with enlarging an abutting specifically delineated lot or parcel provided the resulting lots satisfy the dimensional requirements of the zoning district in which they are located, as well as these subdivision regulations. In addition, any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan must have been conveyed to the public by deed or grant of easement. In addition:

    i.

    In the RS-4.4, RS-8 and RD-15 districts lots or parcels may be recombined without replatting provided the resulting lots are not reduced in size below that in the original subdivision of record, except that each unit of a duplex in an RD-15 district may be on a separate lot of three thousand (3,000) square feet.

    ii.

    In all other districts, lots may be divided or recombined without replatting.

    c.

    Lots of record redivided prior to April 6, 1976. Lots in the RS-4.4, RS-8 and RD-15 districts consisting of portions or combinations of portions of lots in a subdivision plat of record redivided prior to April 6, 1976, shall be considered as conforming to these regulations provided they meet the building site requirements of the zoning district. Redivided prior to the above date shall mean: (1) Record ownership of the redivided lots, or portions thereof, was vested prior to said date in two (2) or more individuals; or (2) A building permit was applied for prior to said date on a portion of the redivided lots; provided, however, that not more than two (2) additional permits shall be issued pursuant to this section.

    d.

    Building permits prior to April 6, 1976. All building permits issued in accordance with the provisions of subsections A.4.a, b, and c, prior to April 6, 1976 are hereby confirmed, ratified and approved.

    B.

    Procedure for preparation and filing of plats. Plats shall be reviewed and approved by the city prior to or concurrent with review and approval by the county. The requirements for the preparation of and the procedure for filing of a plat shall be as follows:

    1.

    Applicant. The owner of property proposed to be platted.

    2.

    Application to Development Review Committee (DRC).

    a.

    An application for plat review shall first be submitted to the department. The department shall forward the application to the DRC for review pursuant to subsection B.4.

    b.

    The proposed plat shall be presumed to have the maximum impact on necessary services and facilities permitted under the city's land use plan, as amended. An applicant for a development permit for plat approval may apply for review of a plat at less than the presumed maximum impact and the city shall review that application for impact on services and facilities at the development level requested. The face of each recorded plat shall bear a notation indicating the developmental level at which the plat was reviewed for adequacy of services pursuant to this section. All future development shall be limited to the restrictions indicated by the notation.

    3.

    Application to planning and zoning board. An application for plat review and approval by the planning and zoning board and city commission shall be made to the department, upon determination by the DRC of plat conformity with applicable regulations, pursuant to subsection B.5.

    4.

    DRC review process.

    a.

    An application for plat review shall be submitted to the department for review by the DRC.

    b.

    The DRC shall conduct a meeting to consider the application and the applicant shall have an opportunity to be heard in accordance with the rules of procedure which the DRC shall adopt.

    c.

    The DRC shall forward to the applicant a written report of the comments and recommendations discussed at the meeting regarding compliance with the provisions of this section and applicable land development regulations.

    5.

    Planning and zoning board/city commission review process.

    a.

    Upon determination by the DRC of the plat's conformity with applicable regulations, an application for plat review and approval shall be submitted to the department for submittal to the planning and zoning board for review.

    b.

    The DRC and the department shall forward its recommendation(s) to the planning and zoning board for consideration.

    c.

    During a regular public meeting the planning and zoning board shall consider the application and the record and recommendations forwarded by the DRC and the department and shall hear public comment on the application.

    d.

    The planning and zoning board shall determine whether the proposed plat meets the provisions of this section and other applicable land development regulations and shall forward its recommendation to the city commission.

    e.

    During a regular public meeting the city commission shall consider the application and the record and recommendations forwarded by the DRC, the department, and the planning and zoning board and shall hear public comment on the application.

    f.

    If the city commission determines that the proposed plat satisfies the provisions of this section and other applicable land development regulations, it shall approve the plat by resolution, with or without modification. If the city commission determines that the plat does not satisfy all applicable regulations, it shall deny the plat.

    6.

    City engineer sign-off.

    a.

    The city engineer shall sign the plat after it has been formally approved by the city commission and immediately prior to transmission to the county for recording.

    C.

    Plat technical specifications.

    1.

    The plat submitted for approval shall be clearly and legibly drawn in black waterproof drawing ink upon tracing cloth or an approved drafting film.

    2.

    Plats shall be on sheets twenty-four (24) inches by thirty-six (36) inches overall, with one (1) inch borders on three (3) sides and a three (3) inch border on the left. When the size or shape of the subdivision necessitates more than one (1) sheet, each sheet shall be clearly marked as near as possible to the upper right corner "Sheet No. (_____) of (total) Sheets." All multiple sheet plats shall be clearly cross-referenced to the proper sheet numbers at the match lines and a reasonable portion of the overlapping area shall be shown in outline form. In addition, every plat sheet shall have placed in the upper right corner outside the border "Plat Book Page" for the use of the recorder.

    3.

    The plat shall be at a scale of not more than one hundred (100) feet to the inch and shall include the following information:

    a.

    Subdivision name or identifying title including the section(s), township(s), range(s), city, county, and state.

    b.

    Location sketch showing location of subdivision with respect to section lines and surrounding streets and landmarks.

    c.

    North point, graphic scale and month and year plat drawn.

    d.

    Corporate limits when in or adjacent to subdivision.

    e.

    Boundary lines of the tract with accurate distances to hundredths of a foot and angles to half minutes. These boundaries shall be determined by accurate survey in the field, which shall be balanced and closed with error closures not to exceed one (1) foot to five thousand (5,000) feet. Surveys shall be coordinated and tied into the nearest established section corner or quarter section corner by angle and distance.

    f.

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

    g.

    The accurate location of all permanent reference monuments.

    h.

    The exact layout including: street and alley lines, street names, bearings, angles of intersection and widths (including widths along the lines of any obliquely intersecting streets); lengths of area and radius, points of curvature and tangent bearings; all easements owned by or rights-of-way provided for public utilities; all lot lines with dimensions in feet and hundredths, and with bearings or angles if other than right angles to the street and alley lines.

    i.

    Lots numbered in numerical order within each block or lettered in alphabetical order within each block, and blocks numbered in numerical order or lettered in alphabetical order.

    j.

    The accurate outline of all property which is to be dedicated or proposed for public use including open drainage courses and suitable 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.

    k.

    A complete description of land intended to be subdivided, and the extent and boundaries of the platted area shall be graphically indicated in a clear and understandable manner.

    l.

    Names and locations of adjoining subdivisions, the adjacent portions of which shall be shown in outline form.

    m.

    Acknowledgment by the owner or owners and all mortgage lienholders of lands included within the plat of the execution of same and the dedication to public use of all streets, alleys, parks, easements and other public places shown upon same.

    n.

    The certificate of the surveyor attesting to the accuracy of the survey and that the permanent reference monuments have been established according to law.

    o.

    Space and forms for the following necessary approvals:

    i.

    City commission.

    ii.

    City planning and zoning board.

    iii.

    City engineer.

    iv.

    County commission.

    v.

    County engineer.

    p.

    Dedication. The plat shall contain upon the 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 and by all persons holding mortgages against such lands, which dedication shall be acknowledged before an officer authorized to take acknowledgments of deeds. Such plat containing such dedication, when properly recorded, shall constitute a sufficient, unrevokable conveyance to vest in the city fee title to the parcel of land dedicated for public use, to be held by the city in trust for the uses and purposes intended, and the approval of the plat by the city commission shall have the force and effect of an acceptance.

    q.

    Payment of taxes. No plat shall be accepted by the city or approved by the city commission unless and until all taxes and improvement liens levied against the lands included in such plat have been paid and discharged.

    D.

    Subdivision layout.

    1.

    Streets and alleys.

    a.

    Conformity to trafficways plan. The location, direction and width of all streets, roads and highways shall conform to the official city plan, and to ordinances of city.

    b.

    Relation to existing street system. The arrangement of streets in new subdivisions shall make provision for the proper extension of existing dedicated streets in existing subdivisions, where such extension is appropriate. Streets shall bear numerical names, unless waived by the board.

    c.

    Provision for platting adjoining unplatted areas. The arrangement of streets in new subdivisions shall be such as to facilitate, and coordinate with the desirable future platting of adjoining unplatted property, and to provide for local circulation and convenient access to neighborhood facilities.

    d.

    Protection from through traffic. Minor and collector residential streets shall be laid out and arranged so as to discourage their use by through traffic.

    e.

    Primary arterial street frontage. Where a residential subdivision abuts a primary arterial street either existing or proposed in the trafficways plan, the board may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with or without rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to assure separation of through and local traffic.

    f.

    Plats adjacent to railroad or expressway right-of-way. Where a subdivision borders on or contains a right-of-way for a railroad, expressway, drainage canal or waterway, the board may require a 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. Such distances shall also be determined with due regard for the requirements of approach grades for future bridges.

    g.

    Reserve strips. Reserve strips controlling access to streets shall be prohibited, except where deemed desirable by the board to prevent use of a residential street by business or industrial traffic.

    h.

    Private streets. There shall be no private streets platted in any subdivision. Every subdivided lot or property shall be served from a publicly dedicated street. This requirement may be waived by the board in special situations where the board finds public safety, convenience and welfare can be adequately served.

    i.

    Half streets. New half or partial streets shall not be permitted, except where it appears reasonable that the owner of adjacent lands will provide the balance of the needed right-of-way upon development of such adjacent lands. Wherever a tract to be subdivided borders on dedicated existing half or partial street the other part of the street shall be taken into consideration in meeting requirements.

    j.

    Dead-end streets. Dead-end streets shall be prohibited, except where appropriate as stubs to permit future street extension into adjoining unsubdivided tracts, or when designed as cul-de-sacs.

    k.

    Cul-de-sac streets.

    i.

    Cul-de-sacs, permanently designed as such, shall not exceed four hundred (400) feet in length, except on finger islands.

    ii.

    Cul-de-sacs shall be provided at the closed end with a circular dedicated area not less than seventy (70) feet in diameter for turnaround purposes.

    l.

    Street rights-of-way.

    i.

    Street rights-of-way for expressways, primary arterials, major thoroughfares and secondary thoroughfares shall conform to the Broward County Trafficways Plan. Other street rights-of-way shall be not less than the following, except when a greater right-of-way is specified in the Broward County Trafficways Plan:

    Street Type Right-of-Way
    (feet)
    Collector 60
    Minor, for business, industrial, high density residential 60
    Minor, for low and medium density residential 50
    Marginal access 50

     

    ii.

    Additional right-of-way width may be required to promote public safety and convenience, or to assure adequate access, circulation and parking in high density residential areas, commercial areas, industrial areas, and at intersections with arterial streets, pursuant to DRC review.

    iii.

    Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with the above standards may be required, pursuant to DRC review.

    m.

    Alleys.

    i.

    Alleys shall be provided to serve multiple dwelling, business, commercial and industrial areas, except that the board 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 involved.

    ii.

    The width of an alley shall be a minimum of twenty (20) feet for two-way travel, and may be less for one-way travel.

    iii.

    Changes in alignment of alleys shall be made on a center line radius of not less than thirty-seven (37) feet.

    iv.

    Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities for service trucks and other vehicles at the dead-end, with a minimum external diameter of ninety-four (94) feet, or as determined to be adequate by the board.

    n.

    Easements.

    i.

    Dedicated easements across lots or centered on rear or side lot lines shall be provided for public utilities where necessary and shall be at least ten (10) feet in width.

    ii.

    Where a subdivision is traversed by a presently existing functional watercourse, drainage way, canal or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourses and such further width as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith where necessary for service or maintenance.

    iii.

    Easements may be required for drainage purposes of such size and location as may be determined by the city engineer.

    o.

    Street alignment.

    i.

    Curvilinear streets are recommended for residential minor and collector streets in order to discourage excessive vehicular speeds and to provide attractive vistas, where practicable.

    ii.

    Whenever a street changes direction, or connecting street lines deflect from each other, by more than ten (10) degrees, that shall be a horizontal curve.

    iii.

    To insure adequate sight distance, minimum center line radii for horizontal curves shall be as follows:

    a)

    Minor streets: one hundred fifty (150) feet.

    b)

    Collector streets: three hundred (300) feet.

    c)

    Secondary arterial streets and section line roads: five hundred (500) feet.

    d)

    Major arterial thoroughfares: seven hundred fifty (750) feet.

    iv.

    A tangent at least one hundred (100) feet long shall be provided between reverse curves on collector streets, and at least two hundred fifty (250) feet long on major and secondary arterial thoroughfares and section line roads.

    p.

    Street intersections.

    i.

    Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than sixty (60) degrees, except at a "Y" intersection of two (2) minor streets.

    ii.

    Multiple intersections involving junction of more than two (2) streets shall be prohibited except where found to be unavoidable by the board.

    iii.

    "T" intersections of minor and collector streets are to be encouraged.

    iv.

    As far as possible, intersections with arterial streets shall be located not less than eight hundred (800) feet apart, measured from center line to center line.

    v.

    Streets entering opposite sides of another street shall be laid out directly opposite each other or with a minimum offset of one hundred twenty-five (125) feet between their center lines.

    vi.

    Right-of-way lines at street intersections shall be in conformance with the following minimum criteria:

    a)

    The right-of-way line shall be the chord of a twenty (20) foot radius for the intersection of two (2) minor streets.

    b)

    The right-of-way line shall be the chord of a twenty-five (25) foot radius for the intersection of a minor and a major street.

    c)

    The right-of-way line shall be the chord of a thirty (30) foot radius for the intersection of two (2) major streets.

    Where the angle of intersection is less than sixty (60) degrees, the chord of a greater radius may be required by the board. The board may waive the requirement for a chord at the intersection of two (2) minor streets when that requirement has also been waived by the city engineer; however, the minimum radius of the right-of-way shall be twenty (20) feet.

    q.

    Excessive street widths. Streets shall not be platted to a width more than one hundred fifty percent (150%) of the minimum width specified in these regulations for the type of street involved. No street shall be platted for center median development except where such center median may be desirable or necessary for traffic separation and safety, and aesthetics as determined by the board.

    2.

    Blocks.

    a.

    The lengths, widths, and shapes of blocks shall be determined with due regard to:

    i.

    Provision of adequate building sites, suitable to the special needs of the type of use contemplated.

    ii.

    Zoning requirements as to lot sizes and dimensions.

    iii.

    Needs for convenient and safe access, circulation, control of pedestrian and vehicular traffic.

    iv.

    Limitations and opportunities of topographic features.

    b.

    Block lengths shall not exceed one thousand three hundred twenty (1,320) feet nor be less than five hundred (500) feet, unless found unavoidable by the board.

    c.

    Pedestrian crosswalks, not less than ten (10) feet in width, may be required through blocks over one thousand (1,000) feet in length, where necessary in the judgment of the board to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities.

    3.

    Lots.

    a.

    The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and to the character of surrounding development.

    b.

    Lot dimensions and areas shall be not less than specified by applicable provisions of the zoning regulations in effect, and shall further conform to these regulations

    c.

    Lots for detached single family and duplex dwellings shall provide lot sizes not less than the following:

    i.

    In the RS-4.4 district, lot area of ten thousand (10,000) square feet and width of one hundred (100) feet.

    ii.

    In the RS-8 district, lot area of seven thousand five hundred (7,500) square feet and width of seventy-five (75) feet.

    iii.

    In the RD-15, RC-15, RM-15, RML-25, RMM-25, RMH-25 and RMH-60 districts, lot area of seven thousand five hundred (7,500) square feet and width of seventy-five (75) feet.

    d.

    It is recommended that corner lots for residential use have such additional width, greater than a corresponding interior lot, as may be necessary to provide appropriate building setbacks and orientation to both streets.

    e.

    Side lot lines shall be substantially at right angles or radial to street lines.

    f.

    Double frontage and reverse frontage lots for residential use shall be avoided, except where essential to provide separation of residential development from traffic arteries or to overcome specific handicaps of topography and orientation. A planting strip of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous situation.

    g.

    Street frontage. Every lot shall abut upon and have permanent access to a public street.

    h.

    Lot arrangement and design shall be properly related to topography, to nature of contiguous property and to the character of surrounding development. Where existing lots are replatted or the size and shape of a tract to be platted makes conformance with the provisions of these subdivision regulations unreasonable and impracticable in the judgment of the planning and zoning board, the board is hereby authorized to vary the requirement in appropriate cases in such manner as to carry out the spirit and purpose of the subdivision regulations.

    4.

    Canals. Canals and waterways, other than drainage ditches, shall be dedicated to public use. Canals shall be not less than sixty (60) feet in width. Canals which connect to navigable waterways shall have a center line water depth of at least nine (9) feet at mean high tide, or if not subject to tidal flow shall have a center line water depth of at least six and one-half (6½) feet at all times.

    E.

    Required subdivision improvements.

    1.

    Preparation of plans. Receipt of the signed copy of the approved preliminary plat is authorization for the subdivider to proceed with the plans and specification for the minimum improvements required under this section and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of a bond in lieu thereof, the subdivider shall furnish the city engineer all plans, information, and data necessary to determine the character of said improvements and compliance with city standards and specifications. These plans shall be examined by the city engineer and will be approved if in accordance with all requirements. Following this approval, construction can be started or the amount of a bond determined. Construction shall be subject to supervision of the city engineer.

    2.

    Subdivision improvements bond. No final plat of any subdivision shall be approved unless the subdivider shall file with the city a surety bond executed by a surety company authorized to do business in the state and having a resident agent in the county, conditioned to secure the construction of the improvements required under this section, in a satisfactory manner and within a time period specified by the city commission, such period not to exceed two (2) years. No such bond shall be accepted unless it is enforceable by or payable to the city in a sum at least equal to one and one-half (1½) times the cost of constructing the improvements as estimated by the city engineer and in form with surety and conditions approved by the city attorney. In lieu of a bond, cash deposit or other acceptable security may be made. In case of forfeiture, the city shall proceed with the improvements to the extent of the available money realized from such forfeiture.

    3.

    Subdivision improvements required. The following minimum subdivision improvements shall be provided and installed by the subdivider, provided that the city commission may waive the provision or installation of such portions of these improvements by the subdivider on or in streets on the exterior boundary or perimeter of the subdivision, under one (1) of the following circumstances: Where the city commission finds that it would be unreasonable and inequitable to require the subdivider to be responsible for the entire cost of such improvements and the commission finds there is a reasonable probability that the remaining portion of such improvements will be provided through the subdividing of the contiguous property, or where the city commission finds that such improvements can be reasonably and satisfactorily provided through special assessments for local improvements:

    a.

    Monuments. The subdivider shall provide and install monuments as follows:

    i.

    At intersection of center lines of all streets install a one-inch pipe, three (3) feet long, embedded in concrete, top flush with finished pavement.

    ii.

    Permanent reference monuments as required by Florida Plat Law.

    b.

    Grading. All streets, crosswalks and alleys shall be graded to their full width by the subdivider in accordance with city specifications. Due to special topographical conditions, deviation from the above will be allowed only with special approval of the city engineer.

    c.

    Storm drainage. An adequate drainage system, including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided by the subdivider for the proper drainage of all surface water. In cases where a subdivision is located at such a distance from waterways, main drains or drainage canals that the board finds a complete storm drainage system for the subdivision to be impracticable and unreasonable, the board may waive or reduce this requirement.

    d.

    Paving.

    i.

    All streets of a subdivision shall be paved by the subdivider in full accordance with specifications of the city.

    ii.

    Minimum widths. All minor and collector streets in residential areas shall be paved to a minimum width of thirty (30) feet and provided with concrete curbs and gutters where storm drainage is required. Where storm drainage is waived by the board, the minimum pavement width shall be twenty-four (24) feet and there shall be no curbs and gutters. On primary arterials, major thoroughfares, and secondary thoroughfares where storm drainage is required the subdivider shall have the option of providing the minimum twenty-four-foot pavement without curbs and gutters, or providing curbs and gutters with a pavement in excess of thirty (30) feet as determined by the city engineer.

    e.

    Sidewalks.

    i.

    Sidewalks shall be installed on both sides of all streets designated as primary arterials, major thoroughfares and secondary arterials, and for streets zoned or intended for business or industrial development, unless deemed unnecessary for pedestrian travel by the board.

    ii.

    Sidewalks shall be installed on both sides of all streets in residential areas, except that the board may modify this requirement where it can be shown that they are not needed for the protection of pedestrians and school children.

    iii.

    All sidewalks shall be at least five (5) feet in width, constructed of portland cement concrete, and constructed to the specifications of the city. Sidewalks of greater width may be required on major streets and heavy pedestrian travel areas as provided for in this section.

    iv.

    The board, upon recommendation of the city engineer, may waive the requirement for sidewalks on streets where the average width of lots is two hundred (200) feet or more, or where a park, railroad, canal, or other use on one (1) side of a street makes a sidewalk not essential for safety of pedestrians, or where the requirement for sidewalks would cause a storm drainage problem in a location where the requirement for storm drainage has been found impracticable by the board, or on finger islands where they are deemed impracticable by the board.

    v.

    Where it appears that a previously dedicated street forms a boundary of a subdivision, the subdivider must dedicate proper sidewalk areas upon the side of the street abutting the lands subdivided.

    f.

    Water supply system. Water mains properly connected with the city water supply system shall be provided by the subdivider in such a manner as to adequately serve all lots shown on the subdivision plat for both domestic use and fire protection. Water mains shall be designed and installed by or under the supervision of the city engineer.

    g.

    Sanitary sewers. Sanitary sewers shall be installed by the subdivider in areas where a sanitary sewerage system is available or has been authorized and financed. Such sanitary sewers, mains and laterals shall be properly connected to a city sewage disposal system or arranged for suitable future connection, and shall be designed by a registered engineer, subject to the approval of the city engineer. The installation shall be made under the supervision and inspection of the city engineer. Expense of design, supervision and inspection of the sewage disposal system shall be borne by the developer. In addition to sewer mains, laterals shall be installed to each platted lot and stubbed off at the property line for future connection. The sanitary sewer system shall also be subject to the approval of the state board of health. The use of individual septic tanks in lieu of a sanitary sewer system shall not be permitted without county health department approval, and only in cases where connection to the sanitary sewerage system is impracticable.

    h.

    Canals and waterways. All canals and other dedicated waterways shall be excavated by the subdivider to the width and length shown on the plat, and to the minimum depth specified in this section.

    F.

    Recordation and expiration of plat. Proof must be submitted to the city commission prior to the adoption of a resolution approving the plat that the persons signing the plat and executing the dedication are all of the owners of all of the property platted or replatted. The approval of all persons holding mortgage liens against any property platted or replatted shall appear upon the plat. Such plat or replat must be recorded in the official records of the county within three (3) years after the adoption of the resolution approving same; otherwise the approval is automatically rescinded and canceled, and the plat shall become null and void.

(Ord. No. C-97-19, § 1(47-24.5), 6-18-97)