6.1.1.

Purpose and Intent.

1.

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 subdivided into building lots, blocks, and streets, the correction of defects is costly and difficult. Substantial public responsibility is created by each new subdivision, 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 land as a subdivision, it is in the direct interest of the public that subdivisions 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 land uses and facilities within a given geographic unit.

2.

The purpose and intent, therefore, of this chapter is to serve as one of the several instruments of land use control authorized by the state legislature for the Town, and to secure:

a.

The establishment of standards of subdivision design which will encourage the development of sound and stable areas within the corporate limits of the Town.

b.

Installation of prescribed improvements by the land developer which ought not become a charge on the citizens and taxpayers of already existing areas.

c.

The adequate and efficient supply of utilities, streets and services to new land developments.

d.

The prevention of haphazard, premature, or scattered land development.

e.

The prevention of traffic hazards and congestion which result from poorly aligned streets, and from excessive ingress and egress points along major traffic arteries; and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land development.

f.

Safety from fire, panic and other dangers, to promote health and the general welfare.

g.

Protection from flooding hazards, including proper stormwater management.

h.

The provision of public open spaces in new land developments through the dedication or reservation of land for recreational, educational, and other public purposes.

i.

Coordination of land development in accordance with orderly physical patterns and general plans and policies adopted by the Town Council, in particular the Town's Comprehensive Plan.

j.

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

6.1.2.

Applicability.

1.

The provisions of this chapter are applicable to the division of a parcel of land into four or more parcels of land, and includes, but is not limited to, all cases where:

a.

The applicant advocates, proposes, suggests, or exhibits a proposed plan, map, or plat of development of land; or

b.

The applicant proposes to create a street, right-of-way, or easement that joins or connects to an existing public street.

2.

This chapter shall not be construed to have the effect of repealing any existing ordinance concerning the subject matter of this chapter, but the regulations established herein shall be supplemental and cumulative. However, in the case of a direct conflict with a provision or provisions of any existing ordinance, the provision which is more restrictive and imposes higher standards or requirements shall govern.

3.

Plats may also be filed for streets, rights-of-ways, or easements. All plats filed shall meet all requirements, as set forth in this chapter, and follow the procedures as herein set forth.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

Where property abuts an existing dedicated public right-of-way of at least 50 feet in width and no new substantial public improvements for water, sanitary sewer, or transportation are required and where the proposed subdivision contains four or fewer residential lots, the Town may waive conceptual or development plans and permit the final plans and final (record) plat to be presented to the Town Council for approval, approval with conditions, or disapproval. However, the following will be required:

1.

A concurrency review.

2.

A conceptual drainage plan showing all existing and / or proposed swales and/or structures for drainage.

3.

All requirements and documents for a Final (Record) Plat as outlined in section 59-6.7 below.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

Where property that has not been previously split after January 12, 2012 based on a review of the Town of Astatula Lot Split Approval List and abuts an existing dedicated public right-of-way of at least 50 feet in width and no new substantial public improvements for water, sanitary sewer, or transportation are required, a single property may be spilt into two lots provided that each of the resulting lots meets all the minimum dimensions for the zoning district in which the property is located. The following is required to complete the lot split:

Initial Submittal for Town Planner review:

1.

Application and fees.

2.

A site plan drawn to scale showing the parent parcel and the proposed split.

3.

Indication on the site plan that the lots will conform to the zoning district lot size requirements.

4.

Indication on the site plan that the lots will contain buildable land area free from 100-year flood and wetland encroachments.

5.

The proposed lots shown on a Soils map.

6.

The proposed lots shown on Lake County's most recent aerial photograph.

7.

The proposed lots shown on a map showing any wetlands.

8.

Copy of current property record card for the subject property.

9.

Copy of current warranty deed for the subject property.

Final Submittal for Town Planner review and Public Hearings:

1.

A signed and sealed survey with the acreage and legal description of the parent parcel and each of the proposed lots. The survey must show all structures, easements, utilities, and rights-of-way, surface water bodies, indication of flood zones, and wetlands can be submitted after or with the Initial Submittal above.

2.

After receiving a recommendation to the Town Council from the Town's Planning and Zoning Commission and upon the approval by the Town Council a title opinion prepared by a licensed attorney or a certification by a title company dated through the date of final approval must be submitted to the Town Clerk for review by the Town Attorney which shows the following: all persons or entities with an interest of record in the property, including but not limited to, the owners of record, easement holders, and mortgage and lien holders. The title opinion must include the tax identification number(s) for the parent parcel and copies of all documents such as deeds, mortgages, etc. which are referenced in the title opinion.

3.

Upon approval by the Town Council and approval of the Town Attorney of the title opinion the Town Clerk shall record the lot split on the appropriate maps appropriate maps and documents of the Town and shall, at the applicant's expense, record the lot split in the public records of Lake County, Florida.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

There shall be a three-step process for the approval of all subdivision plats. This process is intended to permit full and adequate review by the Town in order to ensure and protect the public interest. This process will also benefit the applicant by identifying conceptual problems with the development and offering solutions to alleviating those problems prior to the preparation of detailed plans. This three-step process shall be (1) preliminary development) plan, (2) final development plan and (3) record plat.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

The purpose of the preliminary development plan is to provide for an initial review of the development proposal and the basic development concepts prior to proceeding with the detailed phases of the preliminary development plan. The applicant will provide a concise statement and description of the development proposal. The expenses for engineering studies, detailed surveying, legal information and planning studies may not be necessitated at this stage.

6.5.1.

Review of Preliminary Development Plan.

1.

Initial Point and Deadline. All submittals must be made to the Town Clerk in order to be reviewed by the Town's consultants and scheduled for a Planning and Zoning Commission hearing.

2.

Submittals and Fees. Preliminary Development plan submittals shall be as required; appropriate fees shall be paid at the time of submittal.

3.

Review Process. Each preliminary development plan shall follow a standard review process as outlined below:

a.

All submittals will be compiled and circulated by the Town Clerk to the consultants for review and comment.

b.

The submittals shall be reviewed by the Consultants and a written report will be forwarded to the Mayor for his/her review.

c.

If significant problems with the design layout or physical properties with the site are indicated, the consultants may request that the applicant provide additional information as deemed necessary before making a decision on the preliminary development plan as submitted.

d.

The application will be forwarded to the Planning and Zoning Commission along with the consultant's recommendations.

e.

The application will then be forwarded to the Town Council with the Planning and Zoning Commission's recommendation and the consultant's recommendations.

4.

Street Names. All street names must be approved by the Addressing Division of Lake County Public Works.

5.

Time limit on approval. An approved preliminary development plan will automatically lapse if a final development plan has not been submitted for the site within one year of preliminary development plan approval. An extension to the one-year time limit may be considered by the Planning and Zoning Commission upon written a request by the applicant prior to the expiration date which shows good cause for extension. Up to two six-month extensions may be allowed before a reapplication is required.

6.5.2.

Required Submittals for Preliminary Development Plan. The preliminary development plan shall be drawn at a scale of not less than 100 feet to one inch, submitted in five copies and an electronic file, and shall show the following:

1.

Title Block.

2.

Legend—Title, scale, north arrow, approximate acreage to be subdivided, current zoning, total number of lots, minimum lot size, name, address and telephone number of the applicant or his representative(s).

3.

Legal description of the tract to be subdivided.

4.

Vicinity map—Showing relationship between area proposed for development and surrounding streets and public facilities, shall be at a scale of not less than one inch equals 2,000 feet.

5.

Existing streets—The name, location and right-of-way width of all existing streets which abut the proposed subdivision, and existing easements on the property and location of all existing driveways and median openings within 100 feet.

6.

Proposed streets—The width of proposed street rights-of-way.

7.

Lots—Preliminary lot layout with approximate dimensions shown.

8.

Soils:

a.

Soil classification map drawn on the face of the plan for comparison with proposed development activities shall be provided and shall indicate soil classifications on the plat 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 said determination is concurred in by the Town's consulting engineer, the soils shall be correctly identified for the purpose of this code.

b.

Soil analysis by a qualified soil engineer shall be furnished, upon request of the Town's consulting engineer, for submittal with the preliminary plat.

9.

Topography—Contours at one-foot intervals for the tract being subdivided and extending 25 feet beyond property line including water surface elevations and date recorded.

10.

Other natural features—Including lakes, marshes or swamps, watercourses and other pertinent features as shown on a recent aerial photo. Location of all trees on site which are a minimum of six inches in diameter measured three feet above ground. Trees with a diameter of 24 inches or greater shall be identified by type, height, diameter and canopy spread.

11.

Limits of flood plain—Indicate flood elevation, drawn on the face of the plan, for 100-year flood as established by the United States Geological Survey Map series entitled, "Map of Flood Prone Areas", the Department of Housing and Urban Development "Flood and Floodway Boundary Maps" or the Federal Emergency Management Agency, Federal Insurance Administration (FEMA/FIA). An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that the property does not fall within the designated flood delineation. If the expert determines that the property in question is not within a flood-prone area, and this determination is concurred by the Town's engineering consultant, the purpose of this Section shall be fulfilled.

12.

Utilities—Proposed source of water, sewer, electric and gas.

13.

Drainage concept plan—Indicate general flow directions and retention areas.

14.

Boundaries of the tract shown by a heavy line.

15.

Zoning of adjacent properties.

16.

Names of abutting subdivisions, if any, and the recordation date and plat book and page number.

17.

Other existing improvements including buildings on the tract.

18.

Proposed and existing easements.

19.

Concurrency Review.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

The purpose of the final development plan is to permit complete and accurate presentation of technical data and engineering drawings in such a manner as to allow complete review and evaluation of the proposed development and its impact upon both the site and surrounding areas.

6.6.1.

Review of Final Development Plan.

1.

Initial Point and Deadline. All submittals must be made to the Town Clerk by the first Monday of any given month.

2.

Submittal and Fees. All submittal fees shall be as set forth by separate ordinance plus any other additional submittals which were requested as a condition of development approval; appropriate fees shall be paid at the time of submittal.

3.

Review Process. Each final development plan shall be subjected to a standard review process as outlined below:

a.

The Town Clerk receives all submittals, ensures that they are complete, and distributes them to the Town's consultants for review.

b.

The final development plan is reviewed by the Town's consultants and recommendations are forwarded to the Planning and Zoning Commission.

c.

Based on the information generated and the recommendations of the consultants, the Planning and Zoning Commission shall recommend either approval, disapproval, or approval subject to stated conditions. Presentation of the final development plan will be made by the Applicant at a scheduled Planning and Zoning Commission hearing.

d.

If the recommendation of the Town's consultants is for denial, the applicant shall have the option to submit, within 60 days, a revised final development plan without fee for review by the consultant prior to the Planning and Zoning Commission hearing. Any revisions after the first revision will require an additional final development plan fee and will be subject to the same 60-day deadline. An extension to any of these deadlines may be considered by the Town Council if a written request is submitted by the applicant prior to the expiration date.

e.

The final development plan shall be submitted to the Town Council for action at their next regularly scheduled meeting following the review of the Planning and Zoning Commission provided all advertising and submittal deadlines can be met.

f.

Based on the information presented and the recommendations of the Planning and Zoning Commission, the Town Council shall approve, disapprove, or approve subject to stated conditions.

g.

Addressing. All addresses must be approved by the Addressing Division of Lake County Public Works prior to the recording of the Final (Record) Plat.

6.6.2.

Required Submittals for Final Development Plan. Required submittals for the final development plan shall consist of engineering drawings, and other auxiliary submittals as stated:

1.

Submittal requirements. Engineering drawings, drawn at a scale of not less than 50 feet to one inch prepared by a registered surveyor and engineer and submitted in five copies and an electronic file, showing graphically or by notes:

a.

Title Block—The title or name of the proposed subdivision, the name and address of the owner of the tract proposed for development, and the name and address of the engineer and surveyor engaged to prepare and design the project.

b.

Legend—Date, scale, north arrow, current zoning, total number of lots and minimum lot size.

c.

Legal Description—A full and detailed legal description of the tract and its acreage.

d.

Vicinity Map—Showing relationship between area proposed for development and surrounding streets and public facilities, shall be at a scale of not less than one inch equals 2,000 feet.

e.

Streets—The location, name and right-of-way and pavement width both on and immediately contiguous to the subdivision tract shall be shown.

f.

Public Open Space and Easements—Existing park lands, lakes, waterways with the tract to be subdivided shall be shown. Existing public easements shall be shown on the plans. The purpose for such easement shall be indicated.

g.

Dedications and Reservations—All parcels of land proposed to be dedicated or reserved for public use, such as roads, easements, parks, sidewalks, bicycles or pedestrian trails, shall be indicated on the plans. Proposed rights-of-way street names shall be indicated.

h.

Lot lines, areas and numbers—The proposed lot line, lot area, appropriate dimensions and lot numbers shall be shown. Lots shall be numbered in consecutive order starting with the number one. Topography—Contour intervals of one foot, except where determined to be unreasonable by the Town's consulting engineer.

i.

Proposed building setback lines.

j.

Phasing—Planned phasing, if any, should be shown. Each phrase should be designed to stand on its own if subsequent phases are not developed.

k.

Location of "protected" trees.

2.

Other submittals.

a.

Covenants: A draft copy of any proposed protective covenants or deed restrictions shall be submitted and recorded simultaneously with the final plat.

3.

Final Development. Five copies and a digital copy each of signed and sealed final development (engineering) plans and specifications for the following improvements, both on-site and off-site shall be submitted to the Town Clerk.

a.

Water system. Size, material and location of water main, plus valves and hydrants.

b.

Sewer system (if available). Size, material and location of lines, with submittal of profile where required.

c.

Stormwater drainage facilities.

d.

Streets.

e.

Sidewalks, bicycle paths and pedestrian paths.

f.

Excavation and fill.

g.

Landscaping and irrigation..

h.

Concurrency Review.

i.

Summary of changes made to plans between preliminary and final plans.

4.

Additional required legal submittals. The approval of the final (record) plat shall be made only pursuant to certification of adequacy of the following list of required submittals by the Town's Consulting Engineer and / or Town staff and Town's attorney, as appropriate.

a.

Performance Bonds: The approval of any plat shall be subject to the condition that the installation of storm drainage facilities, bulkheads, streets, and water lines (and sanitary sewer, if available) will be constructed according to approved plans by filing a performance bond or bonds executed by an approved corporate surety company in the amount of construction shall be: (1) estimated by the applicant's engineer; or (2) based upon the actual costs set forth in a bona fide construction contract for the project. The amount of the performance bond must be approved as adequate by the Town's Consulting Engineer and/or Town staff. In lieu of performance bonding, improvements may be installed following final plat approval and preceding final plat recording subject to the approval of the Town's Consulting Engineer and/or Town staff. In cases where improvements are installed prior to final plat, a bond is not required.

b.

Recording: A two-year performance bond in the amount of 125 percent of the total cost of improvements must be submitted. The Plat cannot be recorded until the maintenance bond is approved. In private subdivisions, where no facilities are to be dedicated to the public, the required performance and maintenance bond shall run to the property owners' association, not to the Town. Bonding requirements may also be met by the following, but not limited to:

1.

Escrow deposit.

a.

Cashier's check.

b.

Certified check.

2.

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

c.

Covenants: Any protective deed covenants to be placed on the property shall be notarized and in a form suitable for recording, and shall be recorded simultaneously with the record plat.

d.

Title Certificate: A certificate of ownership, signed by a licensed attorney-at-law or an abstract company, in a form approved by the Town's attorney, and showing:

1.

Parties executing plat are owners of land embraced by the plat.

2.

All mortgages, liens or other encumbrances.

3.

That all taxes and assessments are paid to date.

4.

Description of plat is correct.

5.

No conflicting rights-of-way, easements or plat exist.

5.

Other required submittals.

a.

Arbor Information: The location of all protected trees within road rights-of-way and easements to be cleared will be submitted to the Town Clerk, if different than shown on the preliminary plat. Any necessary tree replacement shall be recommended at this stage.

b.

Addresses: Addresses shall be indicated in parentheses on each lot on one separate copy of the final plat.

c.

Letters of Service: Letters will be submitted by all appropriate utility companies stating that all easements are adequate.

d.

As-built surveys: Three copies of as-built surveys shall be required prior to the issuance of a Certificate of Occupancy.

e.

A copy of the final recorded plat drawn with black drawing ink on linen tracing cloth or equally durable material along with two paper copies shall be provided to the Town.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

The purpose of the final (record) plat is to ensure the preparation, completion, and recording of a final (record) plat map and its accompanying legal documentation, and the review and approval of final submittals.

6.7.1.

Review of Final (Record) Plat.

1.

Initial Point and Deadline. All submittals must be presented to the Town Clerk by the first Monday of any given month.

2.

Submittals and Fees. All submittals shall be as required by Section 6.3.4 plus any submittals required as a condition of preliminary or final development plan approval; appropriate fees shall be paid at the time of submittal.

3.

Review Process. All final (record) plats shall be subject to a standard review process as outlined below:

a.

The Town Clerk receives all submittals, ensures that they are complete, and distributes them to the Town's consultants for review.

b.

The final (record) plat is reviewed by the Town's consultants and recommendations are forwarded to the Planning and Zoning Commission.

c.

Based on the information generated and the recommendations of the consultants, the Planning and Zoning Commission shall recommend either approval, disapproval, or approval subject to stated conditions. Presentation of the plan will be made by the Applicant at a scheduled Planning and Zoning Commission hearing.

d.

If the recommendation of the Town's consultants is for denial, the applicant shall have the option to submit, within 60 days, a revised final plat without fee for review by the consultant prior to the Planning and Zoning Commission hearing. Any revisions after the first revision will require an additional final plat fee and will be subject to the same 60-day deadline. An extension to any of these deadlines may be considered by the Town if a written request is submitted by the applicant prior to the expiration date.

e.

The final (record) plat shall be submitted to the Town Council for action at their next regularly scheduled meeting following the review of the Planning and Zoning Commission provided all advertising and submittal deadlines can be met.

f.

If the final (record) plat does not meet all requirements, the applicant shall within 60 days, submit a revised final (record) plat, without fee, for review by the Town's consultants. Any revisions after the first revision will require an additional final plat fee and will be subject to the same 60-day deadline. Deadlines may be extended by the Town Council upon receipt of written request prior to the expiration date.

g.

If the final (record) plat complies with all requirements, it shall be presented to the Chairman of the Planning and Zoning Commission for the Chairman's signature within 30 days of determination of compliance. The vice-chairman shall have the authority to sign final plats in the absence of the chairman.

h.

If, following approval by the Planning and Zoning Commission Chairman, new problems are discovered or if the final (record) plat is altered, it shall be presented to the Planning and Zoning Commission Chairman for reconsideration.

i.

If the final (record) plat complies with all requirements, it shall be presented to the Town Council at the next regularly schedule meeting along with the Planning and Zoning Commission and Consultant's recommendations. The Council shall have the option of approving the plat as presented or require additional information or revisions.

j.

Upon approval by the Town Council, the plat shall be submitted to the Mayor for the Mayor's signature within 30 days of determination of compliance.

k.

All record plats shall be submitted to the town in electronic format. It is the applicant's responsibility to check with the town engineer on the required format.

6.7.2.

Required Submittals for Final (Record) Plat. The required submittals, meeting the legal requirements of platting, of the final (record) plat shall consist of a fully executed correct plat map, meeting all state and county standards, final engineering drawings and auxiliary submittals, and all required legal instruments.

1.

General. The final (record) plat shall be drawn with black drawing ink on linen tracing cloth or equally durable material, using sheets as allowed by F.S. ch. 177. Each sheet shall have a marginal line completely around the sheet placed to leave a three-inch binding margin on the left and one-inch margin on the other three sides. Final (record) plats shall meet all the requirements of F.S. ch. 177 and shall be so certified by the land surveyor. The final (record) plat shall be at a scale of not more than 100 feet to the inch. All dimensions shall be to the nearest one-hundredth of a foot and angles to the nearest second of a degree.

2.

Final (Record) Plat Requirements. The final (record) plat shall constitute only that portion of the approved preliminary and final development plan which the applicant proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations and shall meet all requirements of F.S. ch. 177. Five copies and an electronic copy of the final (record) plat showing the following information shall be provided:

a.

Title block to include the name of subdivision, the appropriate section, township and range, and the "Town of Astatula, Lake County, Florida."

b.

The legal description of the area contained within the plat with bearings and distances and with references to a subdivision corner tie.

c.

A vicinity map, at scale, showing the proposed subdivision in relation to the surrounding streets.

d.

Permanent Reference Markers (PRM's) must be located at all property corners and shall be concrete four by four inches. All permanent control points (PCP's) shall be shown in conformance with state statutes.

e.

A legend which defines all symbols, shows stated and graphic scale, and displays north arrow.

f.

Sufficient data to determine readily, and to reproduce on the ground, the location, to determine readily, and to reproduce on the ground the location, bearing and length of each street right-of-way line, boundary line, block line and building line, whether curved or straight adequately correlated with monuments and markers.

g.

The right-of-way lines, widths and names of all streets and roads.

h.

The radius, central angle and arcs of all curved streets, and curved property lines.

i.

Lot line dimensions and lot and block numbers.

j.

Proposed building setback lines from side, front and back lot lines, if different than those specified in Article IV, Zoning Regulations.

k.

Location and width of canals and waterways.

l.

Dedications, reservations and easements, showing widths and purpose, shall be delineated on the face of the plat and shall not be incorporated by reference.

m.

The names, locations, and plat book and page numbers of abutting subdivision and streets, and the location of abutting subdivisions.

n.

Certificates, as required by Florida Statutes, of owners showing dedications; of surveyor confirming correctness; of Planning and Zoning Commission approval; of Town Council approval; and for Clerk of Circuit recording. Signatures of owners must be in conformance with F.S. §§ 692.01, 689.01, 695.25, and 695.26, as applicable.

o.

A certificate of consent and approval by mortgagee on the plat or as a separate instrument.

3.

Maintenance Bond. The approval of any plat shall be subject to the condition that the installation of storm drainage facilities, bulkheads, streets, and water and sanitary sewer lines (if applicable) will be constructed according to the approved plans by filing a maintenance bond executed by an approved surety company in any amount equal to 20 percent of a certified engineer's cost estimate. Said maintenance bond shall be for a period of two years.

6.7.3.

Recording of Final (Record) Plat. The linen, or equivalent material copy, of the approved final plat will be retained by the Town for the purpose of recording with the Clerk of the Circuit Court of Lake County after approval by the Mayor and Planning and Zoning Commission. All fees and documents required by the clerk for filing and recording of the approved final (record) plat shall be transmitted through the Town Clerk to the County Clerk when final approval is received.

No plat of lands in Astatula subject to this Code shall be recorded, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such plat has been approved by the Town of Astatula.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

1.

By Owner.

a.

The owner(s) of any land subdivided by way of a plat may petition the Town under the provisions of F.S. § 177.101 to remove (vacate or annul) the existing plat, or portion of a plat, from the official record of the County. The petition must contain the signatures of all owners of property affected by the vacation.

b.

The applicant for vacating a plat or a part of a plat shall file the petition, a certificate of title, a statement or taxes, and shall pay the appropriate filing fee as established by the Town.

c.

Following review of the appropriate departments/consultants, the petition shall be acted upon by the Town Council.

d.

The applicant shall be responsible for recording the petition and the proof of publication with the Clerk of Circuit Court for the County.

2.

By Town.

a.

The Town Council may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction.

b.

This action may include the vacation of dedicated rights-of-way and easements, provided that:

1.

The subdivision plat was lawfully recorded not less than five years before the date of this action by the Town Council; and

2.

No more than ten percent of the total subdivision or part thereof has been sold as lot by the original subdivider or his successor in title.

c.

This action shall be based on a finding by the Town Council that:

1.

The proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the area; and

2.

The public health, safety, and welfare will be promoted thereby. The Town Council will consider the petition based on the recommendations of appropriate departments in regard to the possible effect of the proposal on the Town in general, the immediate neighborhood, and individuals near the specific land in question.

d.

Before acting on a proposal for vacation and annulment of subdivided land, the Town Council shall hold a public hearing to review the vacation and annulment proposal.

3.

Access to individually owned parcels. No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat or a portion of a plat, of reasonable access to the parcel, nor of reasonable access therefrom to existing facilities to which the parcel has access. However, the access remaining or provided after such vacation need not be the same as that theretofore existing.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

1.

Roads, rights-of-way and easements may be vacated at a public hearing of the Town Council.

2.

The applicant must submit a petition and legal description of the area to be vacated, as well as, a survey identifying all structures and utilities, if any, located in the legally described area. A revised plat may be required by the Town.

3.

The applicant will identify the party(ies) who will receive the vacated land identified in the vacation of right-of-way. The Town's legal, planning, and engineering consultants will review the requested vacation of right-of-way and provide a written report to the Town Council.

4.

The Town Council will consider the petition based on the recommendations of appropriate staff and consultants in regard to the possible effect of the proposal on the Town in general, the immediate neighborhood, and individuals near the specific land in question.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

The Forms contained in this Chapter of the Town of Astatula Land Development Regulations are offered as samples for the Applicant. Final forms are subject to approval by the Town Council, the Town's consulting attorney, financial institution(s), and the surety company.

_____

6.10.1.

Cash Escrow Agreement.

This agreement, entered into this ___ day of _______, _____, by ___________, hereinafter referred to as "Developer", and _______ hereinafter referred to as "Lender", and the Town Council of Astatula, a political subdivision of the State of Florida, hereinafter referred to as "Town".

WITNESSETH:

WHEREAS, Developer is the owner of certain real property located in Astatula, Florida, more particularly described in Exhibit A, attached hereto, hereinafter referred to as the "subject property", and

WHEREAS, Developer has submitted to the Town a subdivision plan and specifications for the development of said property, which plan was approved by the Town Council on _______, and

WHEREAS, Developer has available to be drawn from Lender the sum of _______ dollars for the purpose of developing and improving the subject property in accordance with the requirements of the Town for approval of the subdivision plan and specifications, and

WHEREAS, the sum of _______ dollars shall be held by the Lender in escrow for benefit of that Developer and the Town to be disbursed in accordance with the terms and provisions of this Agreement,

NOW THEREFORE, the parties agree as follows:

A.

The Developer agrees:

1.

To the establishment of an escrow account with ________ in the amount of _______ dollars to cover the cost of improvements required by the Town in accordance with the plans and specifications for development of ___________ as approved by the Town Council on _______.

2.

That the funds established in said escrow account shall only be used to install the required improvements in the subdivision and said funds shall not be disbursed except by mutual consent of Developer, the Lender and the Town.

3.

That ten percent (10%) of each payment request approved shall be withheld and shall remain in the account until the last payment is requested. Said funds shall be disbursed along with the final payment at such time as the subdivision improvements have been accepted by the Town for maintenance. All required improvements shall be satisfactorily installed within twelve (12) months of final plat approval or thereafter as that date may be extended.

4.

To notify the Town at least two (2) days prior to the construction of, or installation of, any of the subdivision improvements.

B.

The Lender agrees:

1.

That _______ dollars has been deposited in an escrow account for the purpose of installing the required improvements in the ___________ subdivision and shall only be used for that purpose and no other purpose.

2.

To withhold a maximum of ten percent (10%) of each progress payment which sums shall be disbursed at the time of final payment.

3.

To disburse funds from said account only upon the consent of both developer and the Town.

4.

Not to disburse any money from said escrow account until the Lender has received written notice from the Town that the work represented by a progress payment has been satisfactorily completed and approved by the Town and not to pay the retainage or final payment until the Town has issued a Certificate of Completion.

C.

Town agrees:

1.

To periodically inspect the improvements made to the subject property both during construction and upon completion of the improvements and as necessary to authorize a progress payment and final payment.

2.

Inspect the completed improvements within fourteen (14) days after receiving written notice from the Developer that the improvement has been completed. Further, to promptly notify Developer of any defect in work which would preclude payment and to submit each progress payment request and the final payment request to the Town Council for approval not later than the second Council meeting following inspection and staff or consultant's approval.

D.

The parties expressly understand and agree:

1.

If at any time, the Town determines that the balance remaining in the escrow account is insufficient to pay the costs of completion of the improvements to the subdivision, the Town, at its option, may require the developer to deposit with the Lender or with the Town such additional funds as may be necessary to pay for completion of the subdivision improvements. In no event does the Lender or Town make any representation that the funds placed in escrow with the Lender pursuant to the terms of this Agreement are sufficient to pay the costs of development and improvement of the subject property as a subdivision, and in no event shall the Lender or Town become liable to Developer, Developer's contractor, or Developer's engineer for payment of any funds not in accordance with this Agreement. Lender shall act only as escrow agent and any disbursements made by Lender shall not give rights to any liability or recourse against Lender by any person whatsoever by reason of or arising from said disbursement.

2.

In the event that the Developer fails to complete the improvements within the time prescribed by this Agreement, the Town my elect to:

a.

Agree to an extension of time for the completion of the improvements, or

b.

At any time thereafter, cause all or any part of the improvements to be completed, in which case the Lender shall be obligated to pay the actual cost of said work to the Town as certified by the Town to the extent of any undisbursed funds in the escrow account. In the event that the undisbursed funds are not sufficient to reimburse the Town for the cost of completing all or part of the improvements, the Developer hereby agrees to indemnify the Town and to assume responsibility for all costs exceeding the amount of undisbursed funds available to the Town including reasonable attorney's fees incurred in the collection of any sum due under this agreement.

3.

Upon acceptance by the Town Council, then this escrow Agreement shall terminate and the parties hereto shall be discharged from any further obligation or liability hereunder.

E.

Any notice required to be given or documents required to be delivered by the terms of this Agreement shall be deemed properly given or delivered if hand delivered, or mailed to the proper parties by the United States mail, return receipt requested, at the following addresses:

Developer:

Lender:

Town of Astatula:

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ___ day of _______, _____.

DEVELOPER

LENDER

TOWN OF ASTATULA

_____

6.10.2.

Developer's Cash Escrow Agreement.

This Agreement, entered into this ___ day of _______, _____, by ___________, hereinafter referred to as "Developer", and the Town Council of Astatula, a political subdivision of the State of Florida, hereinafter referred to as "Town",

WITNESSETH:

WHEREAS, the Developer desires to develop certain real property located in Astatula, more particularly described in Exhibit A, attached hereto, and

WHEREAS, for the purpose of developing the subject property, the Developer has submitted to Astatula, a subdivision plan and specifications for a subdivision to be known as ___________, and

WHEREAS, the Town has required the Developer to post a cash bond insuring the satisfactory completion of all improvements to the subject property in accordance with the ___________ Subdivision Plans and Specifications.

NOW THEREFORE, the parties agree as follows:

1.

The Developer hereby binds and obligates himself to complete all improvements as shown on the ___________ Subdivision Plans and Specifications as approved by the Town Council on _______, _____, within twelve (12) months from the date of this Agreement or such date as may be extended by the Town Council.

2.

The Developer hereby deposits in escrow with the Town Council of Astatula, Florida, the penal sum of _______ dollars, to insure and guarantee that all improvements set forth on the plans and specifications for the ___________ Subdivision will be fully completed and paid for.

3.

The Town agrees to hold said funds in escrow and to pay same out in the following manner:

A.

Progress payments will be made to the Developer upon written request by the Developer and upon satisfactory proof to the Town that the improvements or portion thereof for which payment is requested have been satisfactorily completed. A ten percent (10%) retainage will be withheld from each progress payment. Said sums will be paid to the Developer along with the final payment at such time as the improvements shall be accepted by the Town for maintenance.

B.

Upon a determination by the Town that any portion or all of the improvements have not been completed by the Developer within twelve (12) months from the date of this Agreement or such date as may be extended by the Town Council, the Town is hereby authorized, but not obligated, to take over and perform any such uncompleted work and to use for such purposes the funds deposited in escrow with the Town.

C.

The Town is furthermore authorized to pay any bills for said improvements upon proof satisfactory to the Town that such claims are just and unpaid, and the Developer hereby consents to any such payments and authorizes and ratifies any such action on the part of the Town, and agrees to protect and save harmless the Town from any improvements which have not been completed or paid for.

D.

Ten percent (10%) of the entire escrow deposit shall be held by the Town pending final completion of all improvements and certification by the Town that the improvement shave been completed satisfactorily and in accordance with the subdivision plans and specifications, and that all work and materials have been paid in full and acceptance of same by the Town Council for maintenance.

E.

If at any time the Town determines that the balance remaining in the escrow account is insufficient to pay the cost of completion of improvements to the subdivision, the Town at its option, may require the Developer to deposit with the town such additional funds as may be necessary to pay for completion of the subdivision improvements. In no event does the Town make any representation that the funds placed in escrow with the Town pursuant to the terms of this agreement are sufficient to pay the costs of development and improvement of the property owned by the Developer. In no event shall the Town become liable to the Developer, the Developer's contractor, or the Developer's engineer for payments of any funds not in accordance with this Agreement.

F.

Upon completion of all subdivision improvements to the satisfaction of the Town, and the payment of all bills for work and materials, the Town shall return to the Developer any funds remaining in the escrow account with the Town.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ___ day of _______, _____.

DEVELOPER

TOWN OF ASTATULA

_____

6.10.3.

Irrevocable Letter of Credit.

TO: Town Council

Astatula City Hall

Astatula, Florida

Gentlemen:

This is to advise that (bank or lending institution)

Hereby extends its irrevocable credit to the Town Council of Astatula, Florida in the sum of _______ dollars ($_____) to guarantee that all improvements set forth in the ___________ Subdivision Plans and Specifications and Developer's agreement, as approved by Astatula, will be fully completed and paid for by ___________, Developer of said Subdivision.

The _______ (bank or lending institution) _______ guarantees that this sum shall be available upon demand by the Town Council, available by your drafts at sight, along with your signed statement that the draw is due _______, ___, all improvement set forth in the ___________ Subdivision Plans and Specifications.

Except as far as otherwise stated, this standby letter of credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision), International Chamber of Commerce Publication 400, or revision currently in effect.

In the event that the improvements shown on the Subdivision Plans and Specifications are not completed or paid in full by the ___ day of _______, _____, then and in that event, the Town Council of Astatula, Florida is authorized to draw upon this credit.

You will notify us when either:

1.

The improvements have been timely completed and the credit may be released,

OR

2.

The Developer has failed to perform or is in default on its obligation to complete and pay for said improvements.

We hereby agree with the drawers, endorsers, and bona fide holders of drafts under and in compliance with the terms of this credit that the same shall be duly honored on due presentation and delivery of documents as specified if negotiated on or before the ___ day of _______, _____.

Sincerely yours,

(Bank or lending institution)

_____

6.10.4.

Subdivision Improvements Performance Surety Bond.

The form and condition of the subdivision improvements performance surety bond shall be as follows:

TOWN OF ASTATULA
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That ___________

(Insert full name and address of the entity legally responsible for installation and construction of subdivision improvements, the Developer) as Principal, hereinafter called "Developer" and ___________

(Insert full name and address of Surety) as Surety, hereinafter called "Surety", are held and firmly bound unto the Town of Astatula, Post Office Box 678, Astatula, Florida 34755, as Obligee, hereinafter called "Town", in the amount of _______ (Insert amount of the bond) for payment whereof the Developer and Surety bind themselves, their heirs, executors, administrators, successors and assign, jointly and severally, firmly by these _______

WHEREAS, Developer is obligated pursuant to the ordinances of Town of Astatula, Florida, and a Developer's Agreement dated _______, _____, to the Town for the installation and construction of various and sundry subdivision improvements as required for the ___________ (insert name of subdivision) as approved by the Town Council on _______, _____; which ordinances, Development Agreement and subdivision approval are by reference made a part thereof and are hereinafter collectively referred to as the "Contract".

NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Developer shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time or amendment of the Developer's Agreement or subdivision approval made by the Town.

Whenever Developer shall be, and declared buy the Town to be, in default under the contract, the Surety shall promptly remedy the default by obtaining a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Town and the Surety jointly of the lowest responsible bidder, arranging for a contract between such bidder an the Town, and making available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof.

No Right or action shall accrue on this bond to or for the use of any person or corporation other than the Town names herein or the successors of the Town.

Signed and sealed this ___ day of _______, _____.

TOWN OF ASTATULA

WITNESS BY:

DEVELOPER

WITNESS BY:

_____

6.10.5.

Subdivision Improvements Maintenance Surety Bond.

The form and conditions of a subdivision improvements maintenance surety bond shall be as follows:

SUBDIVISION IMPROVEMENTS MAINTENANCE

Agreement made on ___________ between ________ of ___________, City of ________, County of _______, State of Florida, referred to as principal, and ________ of ________, City of ___________, County of _______, State of Florida, referred to as surety and the Town of Astatula, Florida, referred to as obligee.

RECITALS

The parties recite and declare:

A.

That ___________, as surety, is authorized to do business in the State of Florida as a surety bonding company.

B.

That ________, as principal, and ___________, as surety, are firmly bound to the Town of Astatula, Florida, in the penal sum of ___________, and undertake to the Town of Astatula, State of Florida, to guarantee for the period of two (2) years, from and after the date of issuance of the Certificate of Completion of subdivision improvements pursuant to the plans and specifications approved for subdivision by the Town of Astatula, on ________, said improvements required pursuant to the Code of Ordinances, Town of Astatula, Florida, and all appendixes hereto and other ordinances of the Town of Astatula.

C.

The obligations of this guarantee bond shall be deemed to be fulfilled at the end of two (2) years from the date of issuance of the Certificate of Completion for the improvements by the Town provided that, at the time, all parts of every improvement shall be in good condition and constructed and maintained as required by the specifications of the applicable codes and regulations of the Town of Astatula, Florida, and subdivision plans as approved on _______ for ___________.

TERMS

1.

The ___________, as principal, and ________, as surety, specifically warrant and guarantee to the Town of Astatula, Florida, that in the event any improvement as so required shall not be in good repair and / or all damage to or defects in said improvements corrected and / or repaired or constructed or reconstructed, if found not to have been constructed and installed as required to the satisfaction of the Town Council of the Town of Astatula, Florida, before or at the time of expiration of two (2) years from the date of issuance of Certificate of completion; then and in that event the improvement or improvements shall be placed in a condition of good repair and / or replaced or reconstructed to the standard of original specifications at the principal's expense, all to the satisfaction of the Town Council. Further, the terms and conditions of this bond and the obligations hereof shall extend until such time as all necessary repairs and / or reconstruction shall have been made approved and accepted by the Town Council.

2.

If the principal shall fully comply with the terms and conditions of this Subdivision Improvements Maintenance Bond and further, if the principal shall full indemnify the Town of Astatula, Florida for all loss that the Town of Astatula, Florida, may sustain by reason of any defect in materials, construction, or failure on the part of principal to fully maintain said subdivision improvements, for a period of two (2) years form and after the issuance of the Certificate of compliance, or thereafter until this bond shall be fully discharged, then this obligation shall be void; otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, we have hereunto set our hands and seals, this ___ day of _______, _____.

Signed, sealed and delivered in presence of:

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

_____

Plats shall not be released by the Town for recording until construction of infrastructure is complete and approved by the Town or a bond is posted under Section 59-6.4.4. Recording of plats shall be accomplished by the Town, however, the developer shall be responsible for any recording fees.

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)

Penalties for the illegal subdivision of property can include, but are not limited to the following:

1.

Prohibit issuance of building permits on illegally subdivided lots;

2.

Seek an injunction requiring the illegal subdivision to be dissolved; or

3.

Seek an injunction requiring the removal of any structures placed on the illegally subdivided lot(s).

(Ord. No. 2022-04, § 2(Att. A), 3-14-2022)