5.1.1.

Purpose and Intent. The public health, safety, comfort and welfare require that the development of land be conducted in a harmonious, orderly, and progressive fashion within the corporate limits of the Town. Once land has been developed, the correction of defects is costly and difficult. Substantial public responsibility is created by each new development, involving the maintenance of streets and drainage facilities, and the provision of additional public services. As the general welfare, health, safety, and convenience of the community are thereby directly affected by the use of the land, it is in the direct interest of the public that developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards. Consideration shall be given to the character of an area and the availability of public facilities to ensure the compatibility and coordination of and uses and facilities to ensure the compatibility and coordination of land uses and facilities within a given geographic unit. Applicants for conditional uses will also be required to submit an application for site plan or minor site plan review. The purpose and intent, therefore, of this article is to ensure that the following objectives shall be attained:

A)

To ensure that the planned project is in conformity with the goals and objectives of the Town's Comprehensive Plan;

B)

To ensure that the planned project is compatible with the surrounding area and that it will serve to enhance the general character of the area and the Town;

C)

To ensure that adequate provisions are made for vehicular traffic access, ingress, internal circulation and parking, traffic control, pedestrian movement and safety, emergency vehicle access, and trailered equipment storage;

D)

To ensure that adequate screening and buffering will be provided between the planned project and contiguous properties;

E)

To ensure that adequate provisions are planned for utilities, drainage, pollution control, and all public services, including garbage/refuse collection, delivery service, postal service, maintenance service, school bus loading and unloading, utility and exterior lighting, and other services necessary to the maintenance of the health and welfare of the residents of the project;

F)

To ensure that adequate provisions have been made for light, air, access, and privacy in the arrangement of buildings as they relate to other improvements, to public roads/streets, to internal roads, to parking areas, to recreation areas, to sidewalks, and to contiguous properties;

G)

To ensure that the natural qualities and characteristics of the land will be preserved, and that the project site will be appropriately landscaped and provisions established for the maintenance of the same;

H)

To ensure that adequate recreation space will be provided within planned projects and that provisions are made for the supervision and maintenance thereof;

I)

To ensure that the aesthetics and architectural details of the planned project are compatible with the surrounding area and to serve to enhance the character of the area;

J)

To ensure the installation of prescribed standards by the land developer of those required improvements which ought not become a charge on the citizens and taxpayers of already existing areas;

K)

To ensure the prevention of haphazard, premature, or scattered land development;

L)

To ensure safety from fire, panic, crime, and other dangers, and to promote health and the general welfare;

M)

To ensure protection from flooding hazards and ensure proper water management;

N)

To ensure the protection of the natural and scenic resources of the Town, including surface waters, and ground water recharge areas.

O)

To ensure compliance with applicable sections of the latest Edition of the Florida Fire Prevention Code.

5.1.2.

Applicability. The procedures contained in this article will be used for the review of site plans for all office, commercial, industrial, institutional and multifamily residential development. Also included are:

A)

Projects involving land development without structures, such as parking lots.

B)

Projects involving new construction, the alteration or conversion of any existing structure into an office, commercial, industrial, institutional or multifamily residential facility which involves a change where there is a need for upgrading of the site through parking requirements, drainage improvements, fire flow, etc.

C)

Public buildings and facilities and private utility buildings and facilities.

D)

Exempt from site plan review are:

1.

Single-family and duplex dwelling units or minor appurtenances thereto, such as private swimming pools, fences, etc.

2.

Agricultural production practices which include fencing, drainage, irrigation and other agricultural uses and structures which do not conflict with any Town ordinances.

5.2.1

Pre-Application Conference. The applicant is encouraged to meet with the Town's Staff or Planning Consultant prior to submitting a formal application.

5.2.2.

Application Procedure.

A)

An approved site plan is required prior to the issuance of a building permit. Conceptual site plans shall show the size and location of any structures, parking areas, setbacks, source of utilities, and stormwater management concept.

B)

It shall be unlawful for any person to construct, erect or alter a building or structure or to develop, change, or improve land for which a site plan is required except in accordance with an approved site plan.

C)

All applicants applying for site plan review, submitted under the purview of this article, shall submit 15 copies of the site plan to Staff.

D)

All submittals and revisions for consideration by the Town for any given month must be submitted by the first Monday of that month.

E)

Site plan submittals shall contain the information required by section 5.3 or applicants will not be reviewed until they are completed.

F)

Appropriate fees shall be paid at the time of submittal.

G)

The Town's Planning Consultant, the Town's consulting Engineer, and the public works director or town staff, as deemed appropriate, shall review all site plans for compliance with site plan requirements. The Planning Consultant shall submit a letter report to the Town which will be forwarded to the Planning and Zoning Committee and Town Council.

H)

If substantial revisions are required as determined by the Planning Consultant on the town staff, the revised site plan shall be submitted within 60 days. The Planning Consultant will then review these changes and make submit a revised letter report to the Planning and Zoning Committee.

I)

More than two reviews by the Planning Consultant shall be considered a new application and, therefore, require an additional application fee.

J)

Based upon the information and the recommendations of the Planning Consultant, the Planning and Zoning Committee will recommend to the Town Council approval, approval subject to stated conditions or denial of the site plan. The town council will then take action upon such recommendation.

K)

Upon site plan approval and issuance of a building permit, the development shall be built in accordance with the approved site plan and site plan regulations.

5.2.3.

Site Plan Revisions. Approved site plans shall be changed using the same procedure used for their original approval.

5.2.4.

Determination of Minor/Major Site Plan Reviews. The following table will indicate which items are required for submittal for Minor and Major Site Plans:

5.2.5.

Minor Site Plan Review.

Minor site plan review shall be required for additions to existing structures if the additions are under 2,000 square feet and less than 50 percent of the total square footage of the existing structures, for changes in use without addition to existing structures but require other site improvements, and for conditional uses on currently developed land so long as the conditional use does not require additions to the structure in excess of 50 percent of the total square footage of the existing structure. A change in use that does not necessitate other site improvements does not require a change.

Required submittals: Submittals shall be required as outlined in section 5.3. However, individual elements of the submittal requirements may be omitted based upon the site conditions. Omissions must be approved by the Town Council.

5.2.6.

Time Limit on Approval. Following approval of the site plan, the applicant shall have 12 months to obtain a permit for construction on the site. The site plan for any site where a permit for construction has not been issued within 12 months of approval shall be re-evaluated by the Town Council and any newly adopted standards will be utilized. An extension of the time limit may be requested in writing by the applicant before the time limit expires. Cause for the extension must be shown.

5.3.1.

Qualification of Engineer. Site plans or any portion thereof involving engineering shall be certified and prepared by, or under the direct supervision of, a professional engineer, qualified by training and experience in the specific technical field involved and registered or licensed to practice that profession in the State of Florida.

5.3.2.

General Development and Proposed Improvements.

A)

General Information.

B)

Drainage. Engineering plans and specifications for collection and treatment of storm drainage, including a description of the preservation of any natural features, such as lakes and streams or other natural features.

C)

Dredge and Fill. If any dredging or filling operation is intended in development of the area, application shall be made to the agencies responsible for dredge and fill permits. No such work will be done prior to issuance of such permit.

D)

Soils.

1)

Indicate soil classifications on the site plan as identified by the United States Department of Agriculture Soil Conservation Service in the Lake County Area Soil Survey. An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that the identified soils are not classified correctly. If that determination is concurred with the Town, the soils shall be correctly identified for the purpose of this article.

2)

Soil analysis by a qualified soil engineer must be furnished upon request of the Town.

E)

Erosion Control. Provision for the adequate control and sediment, indicating the location and description of the methods to be utilized during and after all phases of clearing, grading, and construction.

F)

Limits of Floodplain. Indicate flood elevation for 100-year flood elevation on the site plan as established by the United States Geological Survey Map series entitled, "Map of Floodprone Areas," or the Department of Housing and Urban Development Flood Boundary and Floodway Maps. An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, to demonstrate that his property does not fall within the designated flood delineation. If said expert determines that the property in question is not within a floodprone area, and said determination is acceptable to the Public Services Director and Town's consultants, said property shall be designated as non-flood-prone for the purpose of this code.

G)

Proposed Water and Sewer Facilities.

1)

Water. Size, material and location of water mains, plus valves and fire hydrants, fire flow calculations plus engineering plans and specifications within 300 feet of the site.

2)

Sanitary Sewer System. Size, material, and location of lines plus engineering plans and specifications, with submittal of profile where required.

3)

Electric and Gas.

H)

Solid Waste. Location(s) and access provisions for refuse service, including pad screening, fencing, and landscaping.

I)

Landscaping, Arbor, Recreation, and Open Space.

1)

Landscaping plan, irrigation system plan and provision for maintenance, including size, type, and location of all landscaping, screens, walls, fences, and buffers.

2)

Application for arbor permit, if applicable.

3)

Recreation and open space areas, if applicable.

5.3.3.

Existing Improvements. (On-site, adjacent to site, and across or opposite any public rights-of-way):

A)

Locations and sizes of driveways and median cuts within 300 feet of the site.

B)

Sidewalks, streets, alleys and easements (note widths and type).

C)

Drainage systems to include natural and structural (size and materials, invert elevation).

D)

Size and location of nearest water mains, valves and fire hydrants.

E)

Sanitary sewer systems (size, invert elevations, etc., to be included).

F)

Gas, electrical and telephone lines, where available.

G)

Tree survey indicating the location of all trees on-site which are a minimum of four inches in diameter measured at approximately DBH. Smaller trees to be retained may also be shown by the applicant to assist in determining replacement requirements. Groups of trees in close proximity may be designated as Clumps of trees with the estimated number and type of trees noted. Trees with a diameter of 24 inches and greater shall be identified by type, height, diameter and canopy spread. Trees to be removed, relocated or replaced must be named (common and botanical name) on the plan. The requirement of a tree survey may be deemed optional if a site is heavily forested. The Mayor will determine the necessity after consultation with Town staff (including planning and engineering consultants).

5.3.4.

Additional Data. Any additional data, maps, plans, or statements, as may be required, which is commensurate with the intent and purpose of this Ordinance.

5.3.5.

Additional Required Legal Submittals Where Facilities are Dedicated to the Public. The approval of the site plan wherein facilities are dedicated to the Town shall be made only pursuant to certification of adequacy of the following list of required submittals by the Mayor and Town Attorney, as appropriate:

A)

Bonds. The approval of any site plan shall be subject to the applicant guaranteeing the installation and maintenance of the required improvements, where facilities are to be conveyed to the Town, by filing a performance bond or bonds executed by an approved surety company in the amount equal to 110 percent of the construction costs, including landfill. Costs for construction shall be determined by (1) estimate by the applicants engineer, or (2) a copy of the actual construction contracts as provided. The amounts of the performance and maintenance bond must be approved as adequate by the Director of Public Services and/or the Town's consulting engineer. In lieu of performance bonding, improvements may be installed following site plan approval and preceding issuance of the Certificate of Occupancy, subject to the approval of the Town. In all cases where public improvements are installed prior to issuance of the Certificate of Occupancy, a two year maintenance bond in the amount of 20 percent of the construction costs must be submitted. A completed maintenance bond form shall be submitted when utilizing a cashier's check or certified check as the form of guaranty in lieu of a surety. The Certificate of Occupancy cannot be issued until the maintenance bond is approved. Bonding requirements may also be met by, but not limited to, the following:

1)

Escrow Deposit:

a.

Cashier's Check.

b.

Certified Check.

2)

Others, as approved by the Town Council, which may include developer-lender Town agreements for providing public improvement, assignment of interest-bearing certificate of deposit, irrevocable letters of credit or developer's agreement.

B)

Title Certificate. When real property is conveyed, a certificate of ownership signed by a licensed attorney-at-law or an abstract company shall be required when real property is conveyed to the Town, in a form approved by the Town Attorney, and showing:

1)

Parties executing site plan are owners of the land embraced by the site;

2)

All mortgages, liens or other encumbrances;

3)

That all taxes and assessments are paid to date;

4)

Description of site is correct;

5)

No conflicting rights-of-way, easements, or site plans exist.

C)

As-Built Surveys for Major Site Plan Only. The Town shall not accept improvements nor issue a Certificate of Occupancy until three copies of the as-built surveys are submitted to the Town and reviewed, and determined to be consistent with this code.