This article sets forth the application and review procedures required for obtaining development orders, and certain types of permits. This article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 2013-01, § 5(Attach., § 11.00.00), 7-9-13)

An application for development review may be withdrawn at any time before notice has been given that the application will be reviewed at a public hearing.

(Ord. No. 2013-01, § 5(Attach., § 11.00.01), 7-9-13)

No development activity may be undertaken unless the activity is authorized by a development permit.

(Ord. No. 2013-01, § 5(Attach., § 11.01.02), 7-9-13)

Except as provided in section 22-844, a development permit may not be issued unless the proposed development activity:

(1)

Is authorized by a final development order issued pursuant to this code; and

(2)

Conforms to all applicable standards and regulations.

(Ord. No. 2013-01, § 5(Attach., § 11.01.03), 7-9-13)

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this code. Unless otherwise specifically provided, the development activity shall conform to this code and all applicable standards.

(1)

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

(2)

The erection of a sign or the removal of protected trees independent of any other development activity on the site or on a previously developed site.

(3)

The resurfacing of a parking area that otherwise conforms to all requirement of this code.

(4)

A minor replat granted pursuant to the procedures in division 3 of this article.

(Ord. No. 2013-01, § 5(Attach., § 11.01.04), 7-9-13)

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the town.

(Ord. No. 2013-01, § 5(Attach., § 11.01.05), 7-9-13)

Prior to filing for development plan review, the developer may meet with the representatives of the town to discuss the development review process and to be informed of the application process. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made at this time as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(Ord. No. 2013-01, § 5(Attach., § 11.02.01), 7-9-13)

For purposes of these review procedures, all development plans shall be designated by the town as either minor development or major development according to the criteria below. Before submitting a development plan for review, the developer shall provide the town with sufficient information to make this determination. Written findings shall support this determination.

(1)

Minor development. A development plan shall be designated as a minor development if it is neither a major development nor a development exempt under section 22-844 from the requirement of a development plan.

(2)

Major development. A development plan shall be designated as a major development if it satisfies one (1) or more of the following criteria:

a.

The activity involves combined land and water area that exceeds one (1) acre.

b.

The development is a residential project of two (2) or more dwelling units.

c.

The development involves more than five hundred (500) square feet of non-residential floor space.

(Ord. No. 2013-01, § 5(Attach., § 11.02.02), 7-9-13)

(a)

The developer of a proposed minor development may choose to submit the proposed development to both a concept and final review or to a single final review.

(b)

If the developer chooses to submit to both a concept and final review, the procedures in sections 22-864 and 22-865 shall be followed.

(c)

If the developer chooses to submit to a single final review, only the procedures of section 22-865 shall be followed.

(Ord. No. 2013-01, § 5(Attach., § 11.02.03), 7-9-13)

(a)

All major developments must be submitted to concept review. Minor developments need not be submitted to concept review, but this review is recommended to developers for proposals that may be controversial.

(b)

The developer shall file a completed application and a preliminary plan as a prerequisite to obtaining concept review approval.

(c)

Within fifteen (15) days of receipt of an application, all required fees, and a preliminary plan the town shall:

(1)

Determine the submittals are incomplete and inform the developer in writing as to the deficiencies. The developer may submit an amended application within thirty (30) days without payment of a re-application fee. If more than thirty (30) days have elapsed, the developer must re-start the application and pay an additional fee; or

(2)

Determine the submittals are complete and proceed with the following procedures.

(d)

The proposed development shall be placed on the agenda of the next meeting of the community development board that allows for giving required notice.

(e)

Notice of a concept review application shall be mailed by the town to the developer and all persons who, according to the most recent tax rolls, own property within three hundred (300) feet of the property proposed for development. The notice shall be mailed as least fifteen (15) days before the meeting where concept review will be on the agenda. The expense of this mailing shall be borne by the developer.

(f)

The community development board shall consider:

(1)

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

(2)

Whether the concurrency requirements of article VI of this chapter could be met if the development were built.

(3)

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the preservation of natural features; proposed parking areas; internal traffic circulation system; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

(4)

Conformity of the proposed development with the comprehensive plan, this code, and other applicable regulations.

(5)

Applicable regulations, review procedures, and submission requirements.

(6)

Concerns and desires of surrounding landowners and other affected persons.

(7)

Other applicable factors and criteria prescribed by the comprehensive plan, this code, or other law.

(g)

The community development board shall issue no order, finding, or other indication of approval or disapproval of the proposal, and no person may rely upon any comment concerning the proposal, or any expression of any nature about the proposal, made by any person during the concept review process as a representation or implication that the particular proposal will be ultimately approved or disapproved in any form.

(Ord. No. 2013-01, § 5(Attach., § 11.02.04), 7-9-13)

(a)

The developer shall, within six (6) months after concept review, submit a final development plan to the town. If more than six (6) months elapse, the developer must re-submit the plan for concept review.

(b)

Within fifteen (15) days of receipt of a final development plan, the town shall:

(1)

Determine the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within thirty (30) days without payment of an additional fee, but, if more than thirty (30) days have elapsed, must thereafter initiate a new application and pay a new fee; or

(2)

Determine the plan is complete and proceed with the following procedures.

(c)

Applicable town staff shall receive a copy of the final development plan for review.

(d)

The plan shall be placed on the agenda of the next community development board meeting that allows for giving at least fifteen (15) days prior notice of the following:

(1)

Mailed noticed to the developer; and

(2)

Posted notice on the development site; and

(3)

Notice to all persons who, according to the most recent tax rolls, own property within three hundred (300) feet of the property proposed for development.

(e)

Any staff member may submit written comments as to the proposed development's probable effect on the public facilities and services the staff represents. Interested persons shall be given a reasonable opportunity to comment orally or in writing.

(f)

The community development board shall conduct a public hearing to:

(1)

Recommend to the town council the issuance of a final development order; or

(2)

Recommend to the town council the refusal to issue a final development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this code.

(g)

The community development board's recommendation to the town council and the plan shall be placed on the agenda of the town council meeting that allows giving at least fifteen (15) days prior notice of the following:

(1)

Mailed notice to the developer; and

(2)

Posted notice on the development site; and

(3)

Notice to all persons who, according to the most recent tax rolls, own property within three hundred (300) feet of the property proposed for development.

(Ord. No. 2013-01, § 5(Attach., § 11.02.05), 7-9-13)

A master plan for the entire development must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the final development plan for the first phase of development and must be approved as a condition of approval of the final plan for the first phase. A final development plan must be approved for each phase of the development under the procedures or development review prescribed above.

(Ord. No. 2013-01, § 5(Attach., § 11.02.06), 7-9-13)

The required contents of a final development order shall be as follows:

(1)

An approved final development plan.

(2)

A listing of conditions that must be met and modifications that must be made to the final development plan as a condition for the issuance of a final development order.

(3)

A listing of federal, state, and regional permits that must be obtained before the final development order serves as permission to proceed with construction. This listing serves only as conditions required by the town before development can proceed according to the town and does not discharge the developer's obligation to know and comply with all applicable state and federal laws nor does the listing serve as a warranty of permissions that must be obtained to fully comply with state and federal law.

(4)

The determination of concurrency and the time period for which the final development order is valid.

(5)

A specific time period during which the final development order is valid and the time by which the development must start.

(6)

A schedule of construction phasing consistent with availability of capacity of one (1) service and facility.

(7)

A schedule of services or facilities to be provided or contracted for by the applicant prior to the issuance of any certificate of occupancy.

(8)

Such other conditions as may be required to ensure compliance with applicable laws.

(Ord. No. 2013-01, § 5(Attach., § 11.02.07), 7-9-13)

Mailed notice required by this code shall be obtained from the records of the City of Jacksonville Tax Collector. The failure of any person to receive notice shall not invalidate an action if a good faith attempt was made to comply with the notice requirements of this code.

(Ord. No. 2013-01, § 5(Attach., § 11.02.08), 7-9-13)

Each public hearing shall conform to the following minimum procedures. The enumeration of minimum procedures does not preclude the use of other procedures that comport with applicable law.

(1)

Burden and nature of proof. The applicant for any development permit must prove that the proposal satisfies the applicable requirements and standards of this code.

(2)

Order of proceedings. Staff, the developer, and interested persons may present information.

(3)

Record of proceedings. All proceeding shall be recorded.

(Ord. No. 2013-01, § 5(Attach., § 11.02.09), 7-9-13)

(a)

Application. Applications for development review shall be available from the town clerk. A completed application shall be signed by all owners, or their agent. Signatures of an agent will be accepted only with written authorization by the owners.

(b)

General plan requirements. All preliminary and final development plans submitted pursuant to this code shall conform to the following standards.

(1)

All plans shall be drawn to a scale of one (1) inch equals one hundred (100) feet, unless the town determines that a different scale is sufficient or necessary for proper review of the proposal. The name, address, and telephone number of the preparer of the drawing(s) shall be included. The plan shall show the boundaries of the property.

(2)

Ten (10) copies of the submittal shall be provided.

(3)

Unless a format is specifically called for below, the information required may be presented textually, graphically, or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information.

(c)

Preliminary plan. Each preliminary plan shall contain:

(1)

Existing conditions.

a.

The location of existing property or right-of-way lines, streets, buildings, transmission lines, sewers, culverts, drain pipes, water mains, fire hydrants, and any public or private easements.

b.

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

c.

Contour lines at two-foot intervals.

d.

All water courses, water bodies, floodplains, wetlands, important natural features, soil types and vegetative cover.

e.

The approximate location of any environmentally sensitive zones.

f.

Existing and future land use of the parcel.

g.

Any endangered species of animal, bird, or other forms of wildlife in the proposed development area.

h.

Listing of any historic structures or sites on the property or a statement that the site does not contain any historic resources.

(2)

Proposed development activities and design.

a.

The approximate location and intensity or density of the proposed development.

b.

A general parking and circulation plan.

c.

Points of ingress and egress from the site.

d.

Existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public stormwater management systems.

e.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

f.

Proposed open space areas on the development site and types of activities proposed to be permitted on them.

g.

Lands to be dedicated or transferred and the purposes for which the lands will be held or used.

h.

Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.

(d)

Final development plan. A final development plan shall include the information required in a preliminary plan plus the following additional or more detailed information:

(1)

Existing conditions.

a.

A map of vegetative cover including the location and identity by common name of all protected trees.

b.

A topographic map of the site clearly showing the location, identification, and elevation of bench marks, including at least one (1) bench mark for each major water control structure.

c.

A detailed overall project map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through, or from the project area.

d.

Existing surface water bodies, wetlands, streams, and canals within the proposed development site, including seasonal high water table elevations and attendant drainage areas for each.

e.

The location of any underground or overhead utilities, culverts, and drains on the property and within one hundred (100) feet of the proposed development boundary.

f.

Location, names, and widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other public spaces and similar facts regarding adjacent property.

g.

The one hundred-year flood elevation, minimum required floor elevation and boundaries of the one hundred-year floodplain for all parts of the proposed development.

h.

Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project.

(2)

Proposed development activities and design.

a.

Generally.

1.

Area and percentage of total site area to be covered by an impervious surface.

2.

Grading plans specifically including perimeter grading.

3.

Construction phase lines.

b.

Buildings and other structures.

1.

Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.

2.

Front, rear, and side architectural elevations of all buildings.

3.

Building setback distances from property lines, abutting right-of-way center lines, and all adjacent buildings and structures.

4.

Minimum floor elevations of buildings within one hundred-year floodplain.

5.

The location, dimensions, type, composition, and intended use of all other structures.

c.

Potable water and wastewater systems.

1.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

2.

The boundaries of proposed utility easements.

3.

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

4.

Exact locations of on-site and nearby existing and proposed fire hydrants.

d.

Streets, parking and loading.

1.

The layout of all streets and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

2.

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.

3.

The location of all exterior lighting.

4.

The location and specifications of any proposed garbage dumpsters.

5.

Cross sections and specifications of all proposed pavement.

6.

Typical and special roadway and drainage sections and summary of quantities.

e.

Removal and protection of trees.

1.

All protected trees to be removed and a statement of why they are to be removed.

2.

Proposed changes in the natural grade and any other development activities directly affecting trees to be retained.

3.

A statement of the measures to be taken to protect the trees to be retained.

4.

A statement of tree relocations and replacements proposed.

f.

Landscaping.

1.

Location and dimensions of proposed buffer zones and landscaped areas.

2.

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

g.

Stormwater management.

1.

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

2.

A description of the proposed stormwater management system, including;

i.

Channel, direction, flow rate, and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

ii.

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes.

iii.

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

iv.

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

v.

Linkages with existing or planned stormwater management systems.

vi.

On- and off-site rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the stormwater management system.

vii.

The entity or agency responsible for the operation and maintenance of the stormwater management system.

3.

The location of off-site water resource facilities such as works, surface water management systems, wells, or well fields, that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

4.

Runoff calculations shall be in accord with the stormwater management manual.

h.

Environmentally sensitive lands.

1.

The exact site and specifications for all proposed drainage, filling, grading, dredging, and vegetation removal activities including estimated quantities of excavation or fill materials computed from cross sections, proposed within a protected environmentally sensitive zone.

2.

Detailed statement or other materials showing the following:

i.

The percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

ii.

The distances between development activities and the boundaries of the protected environmentally sensitive zones.

iii.

The manner in which habitats of endangered and threatened species are protected.

i.

Signs.

1.

Two (2) blueprints or ink drawings of the plans and specifications of regulated signs, and method of their construction and attachment to the building or ground, except those plans for standard signs that have been placed on file with the town by a licensed sign contractor for standard signs. The plans must show all pertinent structural details, wind pressure requirements, and display materials in accordance with the requirements of this code and the building and electrical codes adopted by the Town of Baldwin. The plans shall clearly illustrate the type of sign or sign structure as defined in this code; the design of the sign, including dimensions, colors, and materials; the aggregate sign area; the dollar value of the sign; maximum and minimum heights of the sign; and sources of illumination.

2.

For regulated ground signs, a plan, sketch, blueprint, blue line print, or similar presentation drawn to scale which indicates clearly:

i.

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, and other existing ground signs on the parcel.

ii.

All regulated trees that will be damaged or removed for the construction and display of the sign.

iii.

The speed limit on adjacent streets.

3.

For regulated building signs, a plan, sketch, blueprint, blue line print, or similar presentation drawn to scale which indicates clearly:

i.

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings and structures on the parcel.

ii.

The number, size, type, and location of all existing signs on the same parcel, except a single business unit in a multiple occupancy complex shall not be required to delineate the signs of other business units.

iii.

A building elevation or other documentation indicating the building dimensions.

j.

Subdivisions. Proposed number, minimum area, and location of lots, if development involves a subdivision of land.

k.

Land use and dedications.

1.

Location of all land to be dedicated or reserved for all public and private uses including rights-of way, easements, special reservations, and the like.

2.

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

3.

The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) shall be given.

4.

Location of proposed development in relation to any established urban service areas.

l.

Wellfield protection. Location of on-site wells and off-site wells within one thousand (1,000) feet of any property line that exceed one hundred thousand (100,000) gallons per day in actual output or according to any consumptive use permits issued for the wells.

m.

Historic and archaeological sites. The manner in which historic and archaeological sites on the site, or within one thousand (1,000) feet of any boundary of the site, will be protected.

n.

Plats.

1.

A metes and bounds description of lands to be subdivided, from which and without reference to the plat, the starting point and boundary can be determined.

2.

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat except when the proposed development includes a subdivision that is subdivided as an additional unit or section by the same developer or his successors in title. Every subdivision name shall have legible lettering of the same size and type including the words "section", "unit", "replat", "amended", and the like. The name of the development shall be indicated on every page.

3.

All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered, or lettered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions.

4.

All interior excluded parcels shall be clearly indicated and labeled "Not part of this plat/development."

5.

All contiguous properties shall be identified by development title, plat book and page, or if the land is un-platted, it shall be so designated. If a subdivision to be platted is a re-subdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. The abutting existing rights-of-way must be indicated to the center line.

6.

Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, building lines, buffer strips, and walls, and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.

7.

Where the development includes private streets, ownership, and maintenance association, documents shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate responsibility for the roads and their maintenance is the responsibility of the association or other body without recourse to the Town of Baldwin or any other public agency.

8.

All man-made lakes, ponds, and other man-made bodies of water excluding retention/detention areas shown on the final development plan shall be made a part of adjacent private lot(s) as shown on the final plat. The ownership of these bodies of water shall not be dedicated to the public unless approved by the Baldwin Town Council.

(e)

Master plan. A master plan is required for a major development which is to be developed in phases. A master plan shall provide the following information for the entire development:

(i)

A concept plan for the entire master plan area.

(2)

A development plan for the first phase or phases for which approval is sought.

(3)

A development phasing schedule including the sequence for each phase; approximate size of the area in each phase; and proposed phasing of construction of public recreation and common open space areas and facilities.

(4)

Total acreage in each phase and gross intensity (non-residential) and gross density (residential) of each phase.

(5)

Number, height, and type of residential units.

(6)

Floor area, height, and types of office, commercial, industrial, and other proposed uses.

(7)

Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.

(8)

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

(9)

Approximate location and acreage of any proposed public use such as parks, school sites, and similar public or semi-public uses.

(10)

A vicinity map of the area within one (1) mile surrounding the site showing:

a.

Land use designations and boundaries.

b.

Traffic circulation systems.

c.

Major public facilities.

d.

Municipal boundary lines.

(11)

Other documentation necessary to permit satisfactory review under the requirements of this code and other applicable law.

(Ord. No. 2013-01, § 5(Attach., § 11.02.10), 7-9-13)

(a)

Generally. Where proposed minor or major development includes the subdivision of land, the final approval of the development plan by the community development board shall be made contingent upon approval by the Baldwin Town Council of a plat conforming to the development plan.

(b)

Submission to the town. After receiving plat-contingent final development plan approval, the developer shall submit to the town a plat conforming to the development plan and the requirements of F.S. ch. 177. Alternatively, the developer may submit a plat at any point in the development review process.

(c)

Review by the town clerk. The town clerk shall, within fifteen (15) days of receiving the plat, review the plat with the town attorney to see whether the plat conforms to the approved development plan and the requirements of F.S. ch. 177. If the plat does conform, it shall be placed on the next available agenda of the town council. If the plat does not conform, the town clerk shall explain the deficiency in the plat to the developer and inform him that a corrected plat may be re-submitted for review prior to review by the town council.

(d)

Review by town council. Review of the plat by the town council shall be strictly limited to whether the plat conforms to the development plan and the requirements of F.S. ch. 177. A conforming plat shall be approved and authorized for recording upon the issuance of a final development order.

(Ord. No. 2013-01, § 5(Attach., § 11.02.11), 7-9-13)

(a)

Applicability.

(1)

The provisions of this section apply to all proposed developments in the Town of Baldwin, including private road subdivisions.

(2)

Nothing in this section shall be construed as relieving a developer of any requirement relating to concurrency in Article VI of this chapter.

(b)

Improvements agreements required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements, including, but not limited to storm drainage facilities, streets, water and sewer lines, shall be satisfactorily constructed according to the approved development plan. The following shall be provided:

(1)

Agreement that all improvements, whether required by this code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this code, the Florida Building Code, and all other applicable state and federal laws.

(2)

The terms of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five (5) years from the recording of the plat or thirty (30) percent occupancy of the development, whichever comes first.

(3)

The projected total cost for each improvement. Cost for construction shall be determined by either of the following:

a.

An estimate prepared and provided by the applicant's engineer.

b.

A copy of an executed construction contract.

(4)

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

(5)

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making those improvements, the town shall use the security provided in connection with the agreement.

(6)

Provision of adequate security to ensure performance.

(7)

Provision that the security may be reduced periodically, but not more than twice each year, after completion, inspection, and acceptance of improvements by the town.

(c)

Amount and type of security.

(1)

The amount of the security shall be approved as adequate by the town council.

(2)

Security requirements may be met by but are not limited to the following:

a.

Cashier's check.

b.

Certified check.

c.

Developer/lender/Town of Baldwin Agreement.

d.

Interest bearing certificate of deposit.

e.

Irrevocable letters of credit.

f.

Surety Bond.

(3)

The amount of security shall be one hundred ten (110) percent of the total construction costs for the required developer-installed improvements.

(d)

Completion of improvements.When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is recommended by the town. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one (1) copy of all test results.

(e)

Maintenance of improvements.

(1)

A maintenance agreement and security shall be provided to assure the town that all required improvements shall be maintained by the developer according to the following requirements.

a.

The period of maintenance shall be a minimum of three (3) years.

b.

The maintenance period shall begin with the acceptance by the town of the construction of the improvements.

c.

The security shall be in the amount of fifteen (15) of the construction cost of the improvements.

(2)

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the town, an owner's association shall be created to be responsible for the ownership and maintenance of such facilities or improvements.

No development order shall be issued for a development for which an owner's association is required until the documents establishing such association have been reviewed and approved by the town attorney.

(3)

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the town shall be created by covenants running with the land. Such covenants shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the town.

(Ord. No. 2013-01, § 5(Attach., § 11.02.12), 7-9-13)

(a)

Generally. The community development board may approve a minor replat that conforms to the requirements of this article.

(b)

Submittals.The board shall consider a proposed minor replat upon the submission of the following materials.

(1)

An application form provided by the town; accompanied by

(2)

Five (5) copies of the proposed minor replat; with

(3)

A statement indicating whether water and/or sanitary sewer service is available to the property; and

(4)

A survey prepared by a professional land surveyor registered in the State of Florida that, at a minimum, provides legal descriptions, acreage or square footage of the original and proposed lots, a scale, and the intended division.

(c)

Review procedure.

(1)

The community development board shall transmit a copy of the proposed minor replat to the appropriate agencies for review and comments.

(2)

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the community development board shall approve the minor replat.

(d)

Recordation. Upon approval of the minor replat, the town clerk shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the Official Records of the Clerk of the Circuit Court of Duval County.

(Ord. No. 2013-01, § 5(Attach., § 11.03.01), 7-9-13)

(a)

Standards. All minor replats shall conform to the following standards:

(1)

Each proposed lot must conform to the requirements of this code.

(2)

Both lots shall abut a public or private street for the required minimum lot width.

(3)

If any lot abuts a street right-of-way that does not conform to the design specifications provided in this code, the owner may be required to dedicate one-half (½) the right-of-way width necessary to meet the minimum design requirements.

(b)

Restriction. No additional division of lots created by a minor replat is permitted unless a development plan is prepared and submitted in accordance with this article.

(Ord. No. 2013-01, § 5(Attach., § 11.03.02), 7-9-13)

Application for a development permit shall be made to the town clerk on a form provided by the town.

(Ord. No. 2013-01, § 5(Attach., § 11.04.01), 7-9-13)

The building inspector shall review all applications for development permits prior to issuance of the permits by the town clerk.

(Ord. No. 2013-01, § 5(Attach., § 11.04.02), 7-9-13)

The procedures in this part shall be followed in amending this code and the comprehensive plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

(Ord. No. 2013-01, § 5(Attach., § 11.05.01), 7-9-13)

Any person, board, or agency may apply to the town to amend this code or the comprehensive plan in compliance with the procedures prescribed by the town.

(Ord. No. 2013-01, § 5(Attach., § 11.05.02), 7-9-13)

The town clerk shall refer applications to amend this code to the community development board for comment. The board chairman shall set the application for hearing before the community development board at the next regularly scheduled meeting.

(Ord. No. 2013-01, § 5(Attach., § 11.05.03), 7-9-13)

Applications to amend the comprehensive plan shall be set for hearing before the community development board.

(Ord. No. 2013-01, § 5(Attach., § 11.05.04), 7-9-13)

The community development board shall submit to the town council a recommendation regarding the requested change.

(Ord. No. 2013-01, § 5(Attach., § 11.05.05), 7-9-13)

(a)

Minor deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

(1)

Alteration of the location of any road, walkway, landscaping, or structure by not more than five (5) feet.

(2)

Reduction of the total amount of open space by not more than five (5) percent, or reduction of the yard area or open space associated with any single structure by not more than five (5) percent provided that such reduction does not permit the required yard area or open space to be less than required by this code.

(b)

Major deviations. A major deviation is a deviation other than a minor deviation, from a final development plan.

(Ord. No. 2013-01, § 5(Attach., § 11.06.01), 7-9-13)

(a)

Inspection. The town may periodically inspect development work in progress to insure compliance with the development permit.

(b)

Minor deviations. If the work is found to have one (1) or more minor deviations, the town shall amend the development order to conform to actual development. The town may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of the code to the community development board for treatment as a major deviation.

(c)

Major deviations.

(1)

In addition to all other fines and remedies authorized by state or local law, if the work is found to have one (1) or more major deviations, the town may take any or all of the following additional actions and may use any method authorized by Florida law to enforce the action:

a.

Issue a stop work order.

b.

Refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the town determines the work or occupancy may proceed pursuant to the decision of the community development board.

c.

Order the developer to bring the development into substantial compliance (i.e. having no or only minor deviations) within a reasonable period of time.

d.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process.

e.

Revoke the relevant development order or permit based on a determination the development cannot be brought into substantial compliance, and the development order or permit should not be amended to accommodate the deviations.

(d)

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval. If a new application for a development has not been made within sixty (60) days or revocation, the site must be returned to a condition as close as possible to its original condition.

(Ord. No. 2013-01, § 5(Attach., § 11.06.02), 7-9-13)

Upon completion of work authorized by a development permit or development order, and before the development is occupied, the developer shall apply to the town for a certificate of occupancy. The town shall inspect the work and issue the certificate if the work is found to be suitable for occupancy and in conformity with the permit or order and all applicable codes and standards.

(Ord. No. 2013-01, § 5(Attach., § 11.06.03), 7-9-13)