§ 26-3. Applicability; exceptions.

(a)

All developments which are being accomplished pursuant to a recorded plat which was entered into the records of the county prior to June 13, 1991 and not otherwise extinguished by operation of law or abandoned, shall be accomplished in accordance with the provisions of this chapter if substantial construction has not yet been accomplished. "Substantial construction" shall be interpreted to mean the pavement base has been laid, compacted and finished or as otherwise defined by the board of county commissioners in response to a petition for relief from hardship.

(b)

A plat recorded into the records of the county prior to the adoption date of this revision shall be presumed "abandoned" if any one of the following events has occurred: (i) the owner or owners of the land encompassed by the recorded plat voluntarily request that the county property appraiser's office change the legal description from lots/blocks within a named subdivision to metes and bounds or sectional breakdown for real property tax assessment purposes; (ii) the land encompassed by the plat is subsequently transferred by deed or deeds which reference a metes and bounds, sectional breakdown, or other legal description in said deed or deeds inconsistent with the recorded plat and such deed or deeds create root title which is thereafter continued for a consecutive period of not less than thirty (30) years; or (iii) substantial construction [as defined in subsection (a)] has not yet been accomplished and the land has been used in a manner inconsistent with the recorded plat and such inconsistent use has continued for a consecutive period of not less than thirty (30) years at any time following the date the plat was recorded. Persons owning property encompassed by any plat which has been found abandoned under this provision may apply for a new plat under the prevailing regulations contained in this chapter. Any person owning property aggrieved by a finding of abandonment under this section by the administrative official may appeal such decision to the board of county commissioners within the time allowed and as provided for in Appendix A, Article V of this Code.

(c)

For the purpose of Class B, C and D subdivisions, lots existing as of June 13, 1991, having a minimum lot size of 4.75 acres, or greater shall be considered as five (5) acre lots for the purpose of this chapter.

(d)

It shall be unlawful for anyone who is the owner of any land to subdivide for the purpose of transferring or selling such land without seeking and receiving approval of the subdivision of the land by the county in conformance with these subdivision regulations. The owner of such land found in violation of these rules shall be subject to the penalties as provided for in this chapter. The county may, among other remedies, also seek an injunction against such transfers or sales and no permits for the construction of any building or other facility will be issued by the county to the owner of such lands.

(e)

The county recognizes the following subdivision classes:

Class A: Class A subdivisions are formal subdivisions which must meet the formalized platting procedures contained in this chapter. The following constitute Class A subdivisions:

(1)

A subdivision created with fifty (50) lots or more is a Class A subdivision and must follow the existing rules for a formalized, platted subdivision.

(2)

A subdivision which has improvements which are dedicated to the public is a Class A subdivision and must follow the existing rules for a formalized, platted subdivision.

(3)

A subdivision created with lots less than two and one-half (2½) acres in size, other than a simple lot split is a Class A subdivision and must follow the existing rules for a formalized, platted subdivision.

Class B: Class B subdivisions are rural subdivisions which are exempt from the formalized platting procedures contained in this chapter. These subdivisions shall be approved for development by the county staff. The following constitute Class B subdivisions:

A subdivision of a parcel into more than ten (10) lots but less than fifty (50) lots in an agricultural, agricultural-residential, or residential zoning category with a minimum lot size of two and one-half (2½) acres is a Class B subdivision. All of the following criteria must be met for the staff to approve the subdivision:

(1)

Access to the subdivision shall be via a minimum thirty-foot county-maintained and -owned right-of-way.

(2)

Right-of-way permits shall be obtained prior to approval of the subdivision.

(3)

The minimum access within the subdivision shall be:

a.

A sixty-foot access and utility tract with a cleared and maintained right-of-way width of thirty (30) feet. When any portion of the access and utility tract will serve more than ten (10) lots in the development, it shall be improved with the following minimum standards: a compacted limerock travel surface, or other surface acceptable to the county engineer, eighteen (18) feet in width, and four (4) inches thick. When ten (10) lots or fewer in the development will have access onto the access and utility tract, it shall be improved with the following minimum standards: a compacted limerock travel surface, or other surface acceptable to the county engineer, twelve (12) feet in width, and four (4) inches thick.

b.

The access and utility tract shall meet the following minimum standards: a 95-foot radius to provide a 20-mph horizontal curve design speed, and vertical curves designed to meet a 30-mph site distance. They shall have intersection angles at no less than seventy (70) degrees.

c.

Culverts and bridges must meet the minimum standards in the Facility Design Guidelines and Southwest Florida Water Management District (SWFWMD) requirements.

(4)

Each lot must meet all applicable county development rules and be approved by the county. No building permit for any such lot created according to this exemption from the formalized subdivision platting process shall be granted unless lot approval has been granted by the county.

(5)

Each sales contract, option, deed or conveyance entered into and executed after adoption of these regulations shall contain a legend setting forth in bold type a statement that "subject land is contained within a subdivision which has not been formally platted and approved by the Board of County Commissioners of Hernando County and said county has absolutely no authority to maintain or improve streets, thoroughfares or easements within the subdivision."

(6)

The county's minimum design standards for drainage shall be met.

(7)

The developer must provide a letter from the franchised garbage hauler that the design of the subdivision is acceptable for individual garbage pickup by the hauler or a buffered dumpster site shall be provided within the subdivision by the developer.

(8)

The developer must provide a letter from the United States Post Office indicating that the design of the subdivision is acceptable for individual mail delivery and pickup by the post office rural carrier or a neighborhood mail site shall be provided within the subdivision by the developer acceptable to the post office.

Class C. Class C subdivisions are small rural subdivisions which are exempt from the formalized platting procedures contained in this chapter. Class C subdivisions shall be approved for development by the county staff. The following constitute class C subdivisions:

A subdivision of a parcel into more than two (2) lots but no more than ten (10) lots in an agricultural, agricultural-residential, or residential zoning category with a minimum lot size of two and one-half (2½) acres is a Class C subdivision. The following criteria must be met for the staff to approve the Class C subdivision:

(1)

The minimum access to a Class C subdivision is via a thirty-foot county-maintained and -owned right-of-way.

(2)

Right-of-way permits from the county shall be obtained prior to approval of the subdivision.

(3)

The minimum access within the Class C subdivision shall be:

a.

A sixty-foot access and utility tract with a cleared and maintained right-of-way width of thirty (30) feet improved to the following minimum standards: a compacted limerock travel surface, or other surface acceptable to the county engineer, twelve (12) feet in width, and four (4) inches thick.

b.

The access and utility tract shall meet the following minimum standards: a 95-foot radius to provide a 20-mph horizontal curve design speed, and vertical curves designed to meet a 30-mph site distance. They shall have intersection angles at no less than seventy (70) degrees.

c.

Culverts and bridges must meet the minimum standards in the Facility Design Guidelines and Southwest Florida Water Management District (SWFWMD) requirements.

(4)

Each lot must meet all applicable county development rules and be approved by the county. No building permit for any such lot created according to this exemption from the formalized subdivision platting process shall be granted unless lot approval has been granted by the county.

(5)

Each sales contract, option, deed or conveyance entered into and executed after adoption of these regulations shall contain a legend setting forth in bold type a statement that "subject land is contained within a subdivision which has not been formally platted and approved by the Board of County Commissioners of Hernando County and said county has absolutely no authority to maintain or improve streets, thoroughfares or easements within the subdivision."

(6)

The county's minimum design standards for drainage shall be met.

(7)

The developer must provide a letter from the franchised garbage hauler that the design of the subdivision is acceptable for individual garbage pickup by the hauler or a buffered dumpster site shall be provided within the subdivision by the developer.

(8)

The developer must provide a letter from the United States Post Office indicating that the design of the subdivision is acceptable for individual mail delivery and pickup by the post office rural carrier or a neighborhood mail site shall be provided within the subdivision by the developer acceptable to the post office.

Class D. Class D subdivisions are simple parcel splits which allow a parcel to be split into two (2) lots. Class D subdivisions are exempt from the formalized platting procedures contained in this chapter and shall be approved for development by the county staff if they meet all of the following standards:

(1)

Applicants must receive driveway location approval by the department of public works prior to approval of the subdivision.

(2)

a.

Class D subdivisions created in a residential, agricultural-residential, or rural zoning districts shall meet one of the following:

i.

Each lot must be created from a parent parcel and each lot must have frontage on an existing county maintained street or private street built and maintained to county standards.

ii.

One lot created from the parent parcel must front on an existing county-maintained street or private street built to county standards and the other lot created from the parent parcel must be provided access to the county-maintained street or private street built and maintained to county standards by an access and utility easement created for the purpose of providing access to all lots within the subdivision and shall be an express easement which inures to the benefit of any public or private utility company allowing for the placement of utilities within the easement. The minimum easement width is fifteen (15) feet. The access and utility easement created to comply with this section of the regulations shall be clear and passable by automobile traffic prior to the approval of the lot split.

b.

Lots created in the industrial or commercial districts shall meet the following:

i.

Each lot must be created from a parent parcel with frontage on an existing county maintained street or private street built and maintained to county standards.

(3)

Each lot must meet all applicable county development rules and be approved by the county. No building permit for any such lot created according to this exemption from the formalized subdivision platting process shall be granted unless lot approval has been granted by the county.

(4)

Each sales contract, option or deed of conveyance entered into and executed after adoption of these regulations shall contain a legend setting forth in bold type a statement that "subject land is contained within a subdivision which has not been formally platted and approved by the Board of County Commissioners of Hernando County and said county has absolutely no authority to maintain easements within the subdivision."

(f)

Petition for relief from hardship. A petition for relief from hardship shall be made by any developer who feels the provisions of this chapter, if complied with, would place upon them an undue burden. The petition shall include all data and other information required by the board of county commissioners including at least the following:

(1)

A complete set of plans and specifications in accordance with which the construction has been or is being accomplished, if such exists, or a general written explanation of the construction effort with a complete description of all provisions the developer is making to assure construction quality.

(2)

A written proposal defining the developer's desired methods of completing the project. The proposal shall indicate specifically which provisions of this chapter the developer wishes to be excepted from.

The governing body, upon review of the petition, may approve the subdivision provided the governing body has determined that the ordinance has placed an undue hardship upon the developer and:

(1)

All lots proposed to be created under the board of county commissioner's approval meet the minimum lot size of the zoning district in which the subdivision is to be located and conforms with the policies of the comprehensive plan.

(2)

All lots have a minimum of a fifteen-foot access/utility easement to provide access to the parcel.

(3)

Each deed of conveyance entered into and executed shall contain a legend setting forth in bold type a reference to the subdivision regulations and a statement that "subject land is contained within a subdivision which has not been formally platted and said county has absolutely no obligation to maintain or improve roads and thoroughfares within the subdivision."

(g)

Petition for relief from family hardship. A petition for relief from family hardship may be filed by any person who feels the provisions of this chapter, if complied with, would place upon them an undue burden on their ability to transfer land to family members. The petition shall include all data and other information required by the board of county commissioners including at least the following:

(1)

A map on which is indicated an accurate representation of the proposed subdivision. The map shall clearly indicate the access to be provided and any improvements to be provided in the project. The petition will include the prospective recipient of each tract and his/her relationship to the grantor.

The governing body, upon review of the petition, may approve the subdivision provided the governing body has determined that the ordinance has placed an undue hardship upon the family and:

(1)

All lots proposed to be created under the board of county commissioner's approval meet the minimum lot size of the zoning district in which the subdivision is to be located and conforms with the policies of the comprehensive plan.

(2)

All lots have a minimum of a fifteen-foot access/utility easement to provide access to the parcel.

(3)

Each deed of conveyance entered into and executed shall contain a legend setting forth in bold type a reference to the subdivision regulations and a statement that "subject land is contained within a subdivision which has not been formally platted and said county has absolutely no obligation to maintain or improve roads and thoroughfares within the subdivision."

(4)

All lots must be transferred to an immediate family member and must provide for a reverter clause in the deed returning the land to the grantor if the transferred parcel does not remain in the ownership of a family member for a minimum of two (2) years from the date of transfer.

(Ord. No. 91-22, § 1, 6-13-91; Ord. No. 2001-03, § 2, 2-14-01; Ord. No. 2006-12, § 1, 8-15-06)