It is recognized by the city that there exists a market demand for the development
and establishment of residential subdivisions which restrict access by the general
public through the utilization of entryway gates and other restricted access points.
As Florida law generally prohibits the use of public funds for private use, the utilization
of such gates and restricted access points as a means of limiting access by the public
requires, inter alia, that the roadways, street lights, drainage systems (which includes,
without limitation, stormwater detention/retention areas and underdrains), sidewalks,
and certain other subdivision infrastructure and improvements be privately owned and
maintained. Further, the city recognizes that the public's interest is served only
if gated communities and the components of its community subdivision infrastructure
are designed, constructed, and maintained in accordance with the applicable provisions
of the code and standards for similar non-gated communities. As such, provided the
community subdivision infrastructure is privately owned and maintained consistent
with the requirements of this chapter and such other applicable city code and state
law and upon approval of the city, proposed residential subdivisions may be developed
and maintained as a gated community and existing residential subdivisions (i.e., platted
of record) may be converted to and maintained as a gated community. Notwithstanding
the foregoing, failure to so comply after approval is obtained may result in, without
limitation, the removal of the gates and prohibiting the closure of the gates.
(Ord. No. 04-19, § 2(Exh. A), 6-10-04)
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