§ 72-548. Unpaved road subdivisions.

(a)

Standards. Notwithstanding any other provisions of this article, applications for unpaved road subdivisions meeting the criteria in this section may be processed as provided in this section.

(1)

Only single-family residential uses permitted.

(2)

Only permitted in FR, RC or A-l zoning classifications outside of ECO.

(3)

Maximum 25 lots with one ingress/egress.

(4)

Maximum 50 lots with second ingress/egress.

(5)

Minimum ten acre lots.

(6)

Minimum 10,000 square feet outside of special flood hazard area.

(7)

A common area shall be dedicated on the plat to accommodate United States Postal Service, waste collection and school bus pick up/drop off.

(8)

If permitted by division 4 of this article, new unpaved roads shall be private and shall comply with the design and construction standards in division 4 of this article. New unpaved roads shall connect to a publicly maintained right-of-way or a privately maintained right-of-way that meets the design and construction standards in division 4 of this article.

(9)

The unpaved private roads shall be set aside for common ownership and maintenance, which shall be borne by the lot owners using the unpaved private roads for access. A "notice to future land owners" declaring that the roadway is a private road, that is neither dedicated to nor accepted by the county, and that the maintenance of the road is not the responsibility of the county, regardless of use by public service vehicles, shall be recorded with the Clerk of the Circuit Court for Volusia County. Said "notice to future land owners" shall be on a form approved by the LDM office prior to final plat approval, and shall include, at a minimum, the overall legal description, tax parcel number, and property owner, and state the following:

a.

"No governmental agency, including the Government of Volusia County, shall ever be responsible for the maintenance, repair, upkeep or improvements of any drives, roads, streets, easements or rights-of-way providing ingress and egress to the property herein conveyed."; and

b.

"It is the responsibility of any future landowner to determine the maintenance responsibility for any access or roadway serving the property, whether or not a property owner's association has been created, and the status of any required association payments."; and

c.

"The approval of the subdivision is not a finding by Volusia County as to the quality, function, and legal right of access to the properties herein, and Volusia County is not responsible to ensure acceptable access for the residents' access and for accessory access including, but not limited to, emergency services, trash pickup, mail delivery, delivery/service vehicles, guests or other invitees."

(10)

Any entity established to maintain the roads created within the subdivision shall be responsible for such maintenance in perpetuity. However, the failure of such entity to maintain the roads, collect dues, or retain its corporate status shall not be deemed to be a matter for code enforcement under F.S. ch. 162. No governmental agency, including the government of the county, shall ever be responsible for the maintenance, repair, upkeep or improvements of any drives, roads, streets, easements or rights-of-way providing ingress and egress to the property developed pursuant to this section.

(b)

Submittal requirements.

(1)

Applications for unpaved road subdivisions shall comply with sections 72-539, 72-540 and 72-541, except as provided in this section.

(2)

Separate maintenance covenants shall be submitted with the preliminary plat.

(Ord. No. 2015-03 , § I, 6-11-15)