§ 6.02.01. Access

A.

Access to Public Road Required; Platting Required for Easement Access.

1.

All lots within a subdivision shall have access to a street dedicated to public use which has been accepted for maintenance by Hillsborough County, a municipality, or the Florida Department of Transportation. Where a proposed subdivision lot does not abut such a street, the Applicant shall provide access in accordance with the requirements set forth within these regulations.

2.

In the event that any lot in a proposed subdivision does not have access to a publicly owned and maintained road via public or private street, private drive, Low Volume Private Road or flag lot, then access by means of a legally established easement or common use area shall be required for the lot(s).

3.

Any subdivision proposing access to a publicly owned and maintained road via an easement or common area shall be platted.

4.

Adequate vehicular and pedestrian access should be provided to each parcel. The primary function of local streets is service to abutting properties. Street widths, placement of sidewalks, pattern of streets and number of intersections are related to safety and efficiency of access to abutting lands.

5.

The local street system should be designed to minimize through traffic movements. Through-traffic on local and collector streets increase the average speed and volume and, thus increasing the accident potential reducing residential amenities. Through-traffic should be discouraged by creating discontinuities in the local street pattern, by offsetting local street intersections and by channelizing or controlling median crossings along peripheral major streets.

6.

Local street systems should be logical and comprehensible, and systems of street names and house numbers should be simple, consistent, and understandable. The pattern of local streets, their names, and the house-numbering system should be designed to satisfy the needs of visitors, delivery trucks, and emergency vehicles as well as local residents. A reasonable repetition in street pattern, or conformance to topography can help in achieving an understandable street system. Streets which wander directionally or which turn back on themselves tend to be confusing and should be avoided.

7.

Local circulation systems and land-development patterns should not detract from the efficiency of bordering major streets. This principal may involve control of driveway, intersection placement, and full or partial control of access. Land development should occur so that no parcels require direct access to major streets (collector roads).

8.

Design of residential streets should clearly reflect their local function. These streets should have an appearance commensurate with their function as local streets. They should not be over-designed or over-built, i.e. high speed, excessive width, etc. Appurtenances should be in keeping with the residential character.

9.

The local street system should be designed for a relatively uniform low volume of traffic. To the extent possible, the design of the local and collector street system should recognize the need for residential amenities along all streets in the neighborhood. This suggests that the street system should be designed for uniformly low volumes on all streets after contiguous land development is complete. Where traffic volumes tend naturally to be higher, as along collectors, then variations in the land development pattern (e.g., permissible land uses, building setbacks, etc.) might be considered to compensate for the reduction in amenities.

10.

Local streets should be designed to discourage excessive speeds. Residential streets should be designed to discourage fast movement (more than 30 MPH), through the use of curvilinear alignment and by offsetting local street intersections.

11.

There should be a minimum number of intersections. Within the subdivision and especially along abutting major streets, intersections pose an accident potential. The fewer intersections there are, consistent with other requirements, the fewer accidents there will be. From the standpoint of hazard, the use of two T-type intersections with property offset is preferable to using one cross-type within the subdivision.

12.

Subdivisions should be designed so as to conform to and take advantage of the topographic and other natural features of the land. Local, state, or federal laws, rules, or ordinances may require the preservation of existing trees, wetlands, water bodies, wildlife habitat, and other environmentally sensitive areas.

13.

A proposed development shall provide multiple direct connections in its local street system to and between local destinations, such as parks, schools, and shopping, without requiring the use of arterial streets.

14.

Unless restricted by conditions of an approved Planned Development or existing development, each development shall incorporate and continue all collector or local streets stubbed to the boundary of the development plan by previously approved but unbuilt development.

15.

To ensure future street connections where a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided to provide access to all abutting properties or to logically extend the street system into the surrounding area.

16.

Streets within and contiguous to the subdivision shall be coordinated with other existing or planned streets within the general area as to location, widths, grades, and drainage. Such streets shall be aligned and coordinated with existing or planned streets in existing or future adjacent or contiguous to adjacent subdivisions. All streets, alleys, and pedestrian pathways in any subdivision or site plan shall connect to other streets and to existing and projected streets outside the proposed subdivision or other development.

17a.

Prior to acceptance of roadway(s) by the County, all subdivision collector roadway connections or stub outs shall be constructed; or

17b.

Prior to issuance of building permits, all subdivision collector roadway connections or stub outs shall be constructed; or

17c.

For developments constructing in multiple phases, building permits shall not be issued for the final phase of the development until all collector roadway connections have been constructed.

B.

Types of Lot Access to a Public Road; Standards. Listed below are the types of lot accessways allowed to a publicly-owned and maintained road and the standards that apply:

1.

Public Street: All lots within subdivisions shall abut a street dedicated to public use and accepted for maintenance by Hillsborough County or shall meet the requirements for private street, Low Volume Private Road, flag lot or private drive, or easement access.

2.

Private Street: To gain access to a public roadway, lots within subdivisions may abut a street privately owned and maintained, except if otherwise provided for by prior agreement between the Board of County Commissioners and the Applicant, and provided other requirements of the Subdivision Regulation are met. When privately owned and maintained rights-of-way are proposed, the plat shall show the rights-of-way for the use of lot owners and to be maintained by the lot owners. The plat shall state " Tract A is dedicated to the lot owners. Each lot owner has an undivided interest in Tract A."

3.

Low Volume Private Road: To gain access to a public roadway, lots within a Minor Subdivision may abut a Low Volume Private Road which shall be privately owned and maintained by a property maintenance entity. The plat shall show the rights of way for the use of the lot owners and to be privately maintained.

4.

Flag Lot:

a.

Except as otherwise required by Community Plans and other Articles in this Code, a single parcel to serve a single dwelling unit (Flag Lot) may be created in a Certified Parcel Subdivision as long as the subdivision is located within the rural service area and an agricultural zoning district. The parcel does not have to have the required frontage on a County road, but does have to have access to a County owned and maintained road by means of ownership, provided that the following requirements are met:

(1)

The parcel shall meet the minimum lot size requirements of the zoning district and shall meet the lot width requirements measured at a point equivalent to the front yard setback if measured from the boundary of the buildable lot parallel to the County owned and maintained street to which the accessway is connected. The area for calculating the minimum lot area shall not include any portion of the accessway which does not meet the minimum lot width requirements.

(2)

The private drive shall be a minimum of 20 feet in width and shall only provide access for the single parcel.

(3)

No pole portion of a flag lot shall exceed 1,000 feet in length.

5.

Easement.

a.

In the Rural Service Area. Easement access to public roads shall only be permitted in Minor Subdivisions located in the Rural Service Area, except as otherwise required by Community Plans and other Articles in this Code. Joinder and consent of all fee owners under easements to the use of the easement by the subdivided parcel is required. Lots within a Minor Subdivision which do not abut the easement shall abut a Low Volume Private Road. In addition, no easement shall provide access to more than three lots and only one easement may be used for access per Minor Subdivision. This requirement regarding the number of easements and the maximum number of lots to use an easement for access shall not be varied.

b.

In the Urban Service Area. For residential subdivisions in the Urban Service Area created July 1, 2010 or later, easement access to public roads shall be permitted only in Platted Subdivisions with No Improvements. Only one easement shall be allowed per parent parcel. Joinder and consent of all fee owners under easements to the use of the easement by the subdivided parcel is required. In addition, no easement shall provide access to more than three lots and only one easement may be used for access per Sec. 10.01.05.B.2.c of this Code. This requirement regarding the number of easements and the maximum number of lots to use an easement for access shall not be varied.

c.

Width Requirements.

(1)

If the easement serves one dwelling unit, a minimum width of 20 feet shall be required.

(2)

If the easement serves two or three dwelling units, a minimum width of 30 feet shall be required.

d.

Other Standards.

(1)

The easement shall provide for sufficient ingress and egress for fire trucks, ambulances, police cars and emergency vehicles.

(2)

The easement shall be legally sufficient to prevent the lot or parcel from being land locked.

C., D.

[Reserved.]

E.

Prohibition of Use of the Residentially Zoned Private Property for Access to Uses Not Permitted in Residential Districts; Exceptions. No land which is agriculturally or residentially zoned shall be used for vehicular or pedestrian access or land or structures in other districts used for any purpose not permitted in agricultural or residential districts, except as provided below or otherwise authorized by this Code or other lawful regulations:

1.

Where provision does not exist for safe access for emergency and public service vehicles, and such access is not reasonably feasible except through residentially or agriculturally zoned land, access reserved for and limited to such vehicles may be authorized by the Administrator, subject to conditions and safeguards designed to protect the tranquility and character of the residential land so traversed.

2.

Where convenience and safety would be promoted, walkways and bicycle paths to non-residentially zoned land shall be permitted by the Administrator across privately owned residentially zoned land, subject to conditions and safeguards to protect the tranquility and character of the residential land so traversed.

F.

Access to Beachfront or Coastal Lands. Whenever a subdivision is developed on beachfront or coastal land, such development shall be carried out so as to provide public access to said beach in accordance with Section 161.55(6), Florida Statutes (1986), if applicable.

G.

Access to Existing or Proposed Adjoining Street System.

1.

Arrangement of Streets. The arrangement of streets in new subdivisions shall make provisions for the continuation of existing arterial and collector streets from adjoining areas, or for their projection where adjoining land is not subdivided. Where the subdivision is adjacent to another subdivision, property owned by the Board of Education (currently, or planned as, a school site), or commercial areas, direct access shall be provided for non-motorized traffic where feasible. Residential neighborhoods shall be designed to include an efficient system of internal circulation and street stub-outs to connect into adjacent developments to link neighborhoods together.

2.

Access to Arterial or Collector Roads. Direct access to arterial roads shall be restricted when access can be provided via a collector facility. Unless otherwise approved by the Administrator, residential lots in subdivisions shall not have direct access to a collector or arterial road. Residential lots in subdivisions that abut a collector or arterial road shall not front on said road and access shall be blocked by a vegetative buffer, wall, or other suitable buffer.

3.

Access to Local Streets. Unless otherwise approved by the Administrator, residential lots in subdivisions shall front on and have direct access to local, interior streets only. Local streets shall be arranged and designed so as to restrict their use by through and high speed traffic.

H.

Emergency Access

1.

All single-family subdivisions of 10 lots or more, including those zoned Planned Development, submitted for preliminary plat review after October 1, 2007 shall be designed with alternative access ways from adjacent properties for emergency response vehicles in accordance with the requirements herein, except that:

a.

These requirements shall not apply to single-phase subdivisions where all lots are within 1,000 feet of existing improved roads, not including interstate highways; and,

b.

These requirements shall not apply to Planned Development-Specific districts approved on or before October 1, 2007.

2.

Except where precluded by natural features or existing development on adjacent property, subdivisions with 100 lots or more shall have at least one alternative access way on each principal side of the subdivision where there is no street access or street stubout. Except where precluded by natural features or existing development on adjacent property, subdivisions with less than 100 lots shall have at least one alternative access way on at least one side of the subdivision where there is no street access or street stubout.

3.

Each alternative access way shall have a minimum width of 15 feet and connect with an internal street in the subdivision. Each access way shall be kept free of vegetation, other than grass, and obstructions except as permitted below for security, to provide a minimum horizontal clearance of 15 feet and minimum vertical clearance of 13.6 feet. Each access way shall be sufficiently stabilized to support a 32-ton vehicle. Final design and location of the access ways shall be subject to approval of Hillsborough County. The access ways shall be commonly owned and maintained by the developer, community homeowners association or similar entity, or shall be set aside through an exclusive easement under the control of Hillsborough County. In no case shall the access ways comprise any part of a single-family lot.

4.

If the alternative access way is gated for security, access by emergency response vehicles shall be accommodated in a manner acceptable to the Hillsborough County Fire Marshal.

5.

Joint use of the alternative access ways for other purposes, such as underground utilities or drainage easements, may be allowed subject to approval of the affected parties and Hillsborough County.

6.

These requirements may be waived at the discretion of the Hillsborough County Fire Marshal, either in whole or in part, for subdivisions where substitute measures are proposed to adequately accommodate emergency response services. In such cases, the decision of the Fire Marshal may not be appealed and relief shall require application for a variance in accordance with Part 11.04.00 of this Code.

7.

Notwithstanding Section 5.03.07.B.2.d of this Code, provision of alternative access ways in subdivisions zoned Planned Development shall not constitute a change in vehicular access and shall require no modification of approved general site plans.

(Ord. No. 98-43, § 2, 7-17-98; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 09-62, Items B, C, 10-26-09, eff. 2-1-2010; Ord. No. 10-10, § 2 Item K(10-0525), 5-27-10, eff. 6-4-10; Ord. No. 15-15, § 2(Exh. A), Item A.2(15-0491), 6-18-15, eff. 6-25-15)