The intent of site plan review is to set forth uniform procedures, well-defined application processes and information requirements that ensure that development of individual sites within the City of Casselberry is consistent with all applicable development standards, that the approval of such development will be based upon the provision and availability of adequate public facilities and services coincident with the impact of the development and that the development is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site.

Site plan approval, as provided for herein, shall be required for each of the following:

1.

All permitted uses, except single-family and duplex homes and accessory structures thereto. However, all uses and structures shall comply with stormwater management criteria of Article XII.

2.

All conditional uses.

3.

Any use or change in use resulting in 1,000 square feet of impervious surface area on the entire site.

4.

The provisions of Article XII, Stormwater Management, shall apply to all site plans.

A.

General site plan review procedure. In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such structure or use shall have been reviewed and approved pursuant to the provisions of this Article.

1.

Filing. Before a site plan shall be approved, an application for approval shall be filed with the Community Development Department.

2.

Application, fee and disclosure of ownership. Such application shall be in a form substantially in accordance with the form prescribed by the City, copies of which may be obtained from the Community Development Department. Where applicable, a written power of attorney authorizing a person other than the owner(s) to sign such application must be attached to said application.

All applications shall include a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for site plan approval is sought, except publicly held corporations, in which case the name and address of the corporation and principal executive officers will be sufficient.

The fee schedule for site plan review shall be as determined by resolution of the City Commission.

3.

Review by City Development Review Committee (DRC). The application shall be reviewed by the Development Review Committee (DRC) (reference Section 1-2.4). The DRC shall review each application and ensure compliance with all applicable land development regulations including, but not limited to, performance criteria in Chapter III and other local, state, and/or federal laws. The application with evaluation shall then be forwarded to the Planning and Zoning Commission for their consideration and action.

Notwithstanding, residential developments of less than five units and minor nonresidential developments of less than 1,000 square feet gross leasable floor area may be approved by the DRC with the approving signature of the Director of Community Development, the City Engineer, the Fire Marshal and the Planning and Zoning Commission chairperson. The Planning and Zoning Commission chairperson may request a review of such minor small-scale projects by the Planning and Zoning Commission in cases where a site plan issue remains unresolved, and, in the opinion of the chairperson, a public review by the Planning and Zoning Commission would assist in achieving resolution of the issue (ref. Section 4-18.2(B)). Appeals of decisions rendered by the Planning and Zoning Commission shall be filed with the Administrative Official and shall be considered by the City Commission pursuant to procedures identified in Section 1-2.6(E).

4.

Review and action by the Planning and Zoning Commission. After reviewing a site plan and staff recommendations, the Planning and Zoning Commission shall act to approve, approve with conditions, or disapprove. The Planning and Zoning Commission shall provide written comments documenting any conditions of approval. If the site plan is recommended for disapproval, the Planning and Zoning Commission shall specify in writing the reasons for recommending denial.

"Development of Community Impact (DCI)," as defined in Section 4-18.2(A)(6), shall be reviewed and acted upon by the City Commission. Therefore, the Planning and Zoning Commission, subsequent to reviewing a "development of community impact" shall forward written recommendations to the City Commission for final action.

5.

Appeals of final decisions rendered by the Planning and Zoning Commission directed to the City Commission. For appeals procedure cross reference Subsection 1-2.6(E).

6.

Developments of community impacts reviewed by City Commission. The site plan of a "development of community impact" shall be reviewed and acted upon by the City Commission after considering recommendations of City staff and the Planning and Zoning Commission. Developments which meet any one of the conditions stated below shall be deemed to be a "Development of Community Impact."

a.

Residential developments of community impact. Developments which include a total of 75 or more dwelling units or at least five acres. In applying the above criteria herein, the total number of units shall include the units in all phases of the total project or development. Any units being replaced by the project shall be subtracted in determining the applicability of this Subsection.

b.

Nonresidential developments of community impacts. A nonresidential development which includes a minimum of five acres or 50,000 square feet of net additional gross floorspace.

c.

MTMU Future Land Use District Development. Any development zoned PMX-MID (Planned Mixed Use: Medium Rise) or PMX-HIGH (Planned Mixed Use: High Rise) that is three acres or greater in size.

7.

Action by the City Commission. The City Commission shall act upon developments of community impact as defined in Subsection (6) above and shall also act where actions of the Planning and Zoning Commission are appealed. In such cases, the City Commission shall consider the recommendations of staff and the Planning and Zoning Commission and approve with or without conditions, or disapprove the site plan. The City Commission may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary, in its judgement, to effectuate the purpose of this Article and carry out the spirit and purpose of the Comprehensive Plan and the land development regulations.

Any condition shall be made a written record and affixed to the site plan as approved. If the City Commission disapproves a site plan, the reasons shall be stated in writing and the appeal shall be forwarded to the Circuit Court of Seminole County (cross reference Subsection 1-2.6(F) and (G)).

B.

Review of minor site plans.

1.

Applicability. For the purposes of this Section, minor site plans shall include the following:

a.

Residential projects comprised of a single building, having less than five dwelling units; or

b.

Projects containing less than 1,000 square feet of new impervious surface area.

c.

Attached or detached additions to buildings that do not increase the floor area in excess of 1,000 square feet.

2.

Submission requirements for minor site plans. Minor site plans shall only include that information required in Section 4-18.3, which is determined to be applicable to the proposed minor site plan by the Administrative Official and/or other staff, including the City Engineer.

3.

Minor site plan review procedures. All minor site plan applications shall be reviewed and approved by the Development Review Committee (DRC) and shall be certified as approved, approved with conditions, or denied by signature of the Administrative Official and the City Engineer. A denial of a minor site plan by the DRC may be brought before the Planning and Zoning Commission in the same manner as a regular site plan. Appeal procedures governing decisions of the Planning and Zoning Commission are established in Section 1-2.6(E).

C.

Minor modifications of site plans. Minor modifications to approved site plans shall include changes such as the:

1.

Addition of awnings, canopies or other ornamental structures; redesign and different location of pools, parking spaces, drives and driveways; or modifications in stairs or elevations of decks, porches, terraces and fencing;

2.

Addition of parking spaces not to exceed 25 percent, including fractions thereof, of the total number of existing parking spaces or five spaces, whichever is the lesser amount;

3.

Attached or detached additions to buildings which do not increase the floor area in excess of 500 square feet;

4.

Installation of utility system improvements.

5.

Projects containing less than 500 square feet of new impervious surface area.

Such changes to approved site plans shall be reviewed by the DRC. If approved as a minor change by the DRC, the site plan shall not be required to be reviewed by the full Planning and Zoning Commission.

D.

Conformance with land development regulations required. Any such building, structure or use shall be erected, altered, installed and maintained in full conformity with the provisions of the Unified Land Development Regulations and the approved site plan.

(Ord. No. 02-1045, §§ 30, 31, 5-13-02; Ord. No. 16-1446, § 4, 8-22-16)

A site plan, for the purposes of this Section, shall include, but not necessarily be limited to, the following requirements:

A.

General information.

1.

Legend.

a.

Name of development.

b.

Legal description.

c.

Acreage.

d.

Scale.

e.

North arrow.

f.

Existing zoning and other special districts.

g.

Preparation and revision date.

2.

Identification of key persons.

a.

Owner.

b.

Owner's authorized agent.

c.

Engineer and architect.

d.

Surveyor.

e.

Landscape architect and/or environmental consultant.

f.

Others involved in the application.

g.

Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property, except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the names and addresses of the corporation and principal executive officers will be sufficient.

3.

Development description. A general outline of the proposed development shall include the following criteria where applicable:

a.

Proposed stages (or phases) of development or operation and facility utilization.

b.

Target dates for each phase.

c.

Expected date of completion.

d.

Proposed master development plan for the site.

e.

A description of characteristics of the proposed development (i.e., number and type of residential units, floor area by land use, number of tourist accommodations units, seating or parking capacities, number of hospital beds, etc.).

f.

For planned unit developments, indicate design techniques (i.e., clustering, zero lot line, etc.) used to maximize siting of structures to reduce public facility costs and preserve scenic quality of site.

g.

Buildings and siting specifications which shall be utilized to reduce damage potential and to comply with federal flood insurance regulations.

h.

Protection against encroachment together with proposed mitigation measures to be employed within environmentally sensitive areas.

4.

Residential developments. If the development includes residential units, the following considerations shall be discussed: a breakdown of the proposed residential units by number of bedrooms; tenure (i.e., owner-occupied or rental); and structure type (such as single-family, duplex, multiple-family, mobile home) if affordable housing is proposed.

5.

Intergovernmental coordination. Provide proof of coordination with applicable local, regional, state and federal agencies that will be involved in the project.

Provide evidence that any necessary permit, lease or other permission from applicable local, regional, state and federal agencies has been obtained for any activity that will impact wetland communities or submerged land.

6.

Optional preliminary plan sketch. The applicant for site plan review may, at his option, submit a preliminary site plan sketch indicating a general idea of how it is proposed to develop the parcel. Upon tentative approval of a sketch, the applicant can then proceed to have a detailed site plan prepared in accordance with the requirements in this Section.

B.

Appearance, design, and land use compatibility.

1.

Site location and character of use. The site plan submitted for review should be in compliance with the performance criteria set forth in Article X, Section 3-10.1, of this ordinance.

a.

Vicinity map. Show relationship of site to surrounding streets and public facilities at a scale of one inch to 2,000 feet or larger.

b.

Land use compatibility. Adjacent land uses including current zoning designation, conditional uses and/or special districts within 500 feet of project boundaries.

If applicable, assess the impact of the proposed development upon other adjacent nearby municipalities or counties.

c.

Historic and archeological resource protection. In addition to compliance with site plan review procedures of Article XVIII and performance criteria of Article X, Section 3-10.3, site design shall be consistent with the U.S. Secretary of the Interior's "Standards for Rehabilitation."

d.

Subdivision of land. Any subdivision of land shall comply with Article XIX of the land development regulations.

2.

Appearance of site and structures. The applicant shall submit a site plan that exhibits harmonious overall design characteristics as outlined in compliance with the performance standards outlined in Article X, Section 3-10.2, of this ordinance.

a.

Site plan. Site plans shall be drawn at a scale of one inch to 100 feet or larger. The maximum sheet size for site plans shall not exceed 24 inches by 36 inches. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes. The site plan shall address the following issues:

i.

Existing (where appropriate) and proposed building layout.

ii.

Finished floor elevations.

iii.

Proposed topographic contours showing proposed drainage patterns and stormwater retention measures.

iv.

Building coverage/open space ratio for the proposed development.

v.

Size and dimensions in compliance with Table 2-5.4.

vi.

Type, quantity and density of dwelling units.

vii.

Floor area ratios.

b.

Architectural drawings. All architecture or engineering designs must be prepared by a professional architect or engineer registered in the State of Florida pursuant to F.S. chs. 471 and 481 respectively and which require an appropriate seal on the subject plan prior to issuance of a building permit. The drawings shall include the following minimum information:

i.

A scaled drawing of the side, front and rear facades of the building or structure, including roof pitch, and fenestration, including treatment of roofline, windows, and doors.

ii.

Description of materials to be used.

iii.

Generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building exterior construction material and color, and building height.

iv.

Location, height and general character of perimeter or ornamental walls, fences, and landscaping, including berms and other required screening devices and other plans for protecting adjacent property owners.

c.

Site amenities. The use of site amenities shall contribute to the overall unity of the site and comply with regulations outlined in Article X, Section 3-10.2.

i.

Existing. All existing site amenities (i.e., signs, lighting fixtures, water features, etc.) shall be indicated as to location, character, color, and dimension.

ii.

Proposed. State the location, size, character, color, height, food-candle levels and design of all proposed site amenities (i.e., signs, lighting fixtures, photometrics, water features, etc.) in the form of working drawings and/or photographs. The applicant shall provide a photometric plan that meets the requirements of Section 3-10.2.6, Exterior Lighting.

3.

Site survey. A site survey prepared by a certified land surveyor illustrating the following:

a.

Existing conditions.

i.

A site survey at 100 feet to one inch showing topographic contours at five-foot intervals and extending 25 feet beyond the property boundaries.

ii.

High-water elevation or boundaries of existing surface water bodies, streams and canals, both onsite and within 50 feet of site.

iii.

Existing surface drainage characteristics of site including relationship to adjacent land areas.

iv.

Federal Emergency Management Agency (FEMA) flood hazard zone or limits of 100-year flood.

v.

Boundaries of environmentally sensitive areas, including an environmental survey and audit as needed. Management plans must be submitted and approved by state and/or federal regulatory agencies for areas recognized as a habitat for species listed by the Florida Game and Freshwater Fish Commission as endangered, threatened, or species of special concern.

b.

Proposed development. The City shall require plans prepared by a Florida registered engineer and other competent professionals as may be required which shall demonstrate compliance with the City's stormwater management performance criteria in Article XII. In addition, the plans for land excavation or fill shall demonstrate that the proposed site alterations shall include mitigation techniques designed to comply with performance criteria addressed in Article XI.

4.

Soil survey. As identified in the Soil Survey, Seminole County, Florida, U.S.D.A. Soil Conservation Service, or other competent expert evaluation. When soil suitability limitations are indicated for the proposed development, the City Engineer may require a preliminary soil analysis by a qualified soils engineer.

5.

Environmentally sensitive areas. Using maps from the City of Casselberry Comprehensive Plan: Future Land Use Map Series (FLUM), as a guide, indicate whether or not the parcel is located within a wetland, wellfield protection zone, floodway or drainageway, prime recharge area, or upland wildlife habitat. Site-specific surveys may be required.

a.

Proposed impact. Illustrate how any activity or structure that will impact environmentally sensitive areas will be performed, located, constructed and/or maintained to prevent or mitigate any adverse impacts to wetland and endangered upland vegetative communities, prime recharge areas, wildlife habitats, drainageways, and other surface waters.

b.

Shoreline protection. If the project fronts a shoreline, indicate measures to allow public access to the shoreline, such as easements or rights-of-way; and illustrate any structure that may impede movement along the shoreline below the mean high-water line, and demonstrate measures being taken to mitigate any such impediment.

c.

General requirement. If environmentally sensitive areas are found in or adjacent to the site the following information is necessary:

i.

Existing conditions. Developers shall provide an existing vegetation map identifying boundaries of environmentally sensitive areas and indicating alterations in these areas including dredging, filling, spoil sites, canals and channels.

ii.

Preservation. Developers shall preserve the functions of these environmentally sensitive areas and shall comply with restrictions and interpretations for development in wetlands found in Article XI. Management plans must be submitted and approved by state and/or federal regulatory agencies for areas recognized as a habitat for species listed by the Florida Game and Freshwater Fish Commission as endangered, threatened, or species of special concern.

6.

Trees.

a.

Existing conditions. Indicate location, size and type of shade trees as required by Article XIV, Tree Protection.

b.

Tree protection. Identify existing trees to be protected and explain or illustrate method to preserve such trees during and after construction.

7.

Circulation. Show dimensions of all existing curb cuts, driveways, or existing parking facilities.

8.

Proposed onsite and offsite vehicular circulation system, parking areas and pedestrian circulation. Include location, dimensions and typical construction specifications for:

i.

Driveways, approaches and curb cuts.

ii.

Vehicular access points, accessways and common vehicular access points.

iii.

Offstreet parking spaces, loading, unloading and service area space requirements.

(a)

Number of employees and number and type of vehicles owned by the establishment.

(b)

Any combined offstreet parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners.

iv.

Other vehicular use areas.

v.

Sidewalks and other pedestrian use areas.

vi.

Typical cross sections, by type of improvement.

vii.

Traffic control devices.

viii.

Proposed material for use as parking surface.

9.

Easements. Dedicated easements indicating their purpose, design, location, alignment, dimensions, and maintenance responsibilities.

10.

Utilities. List the utility providers currently serving the site and to what extent utility improvements have been made already. Include location, design and character of all public, semipublic, or private utilities such as water and wastewater systems, underground or overhead electric lines, gas transmission lines, or other similar facilities or services.

11.

Fire protection. Identify existing and proposed hydrant locations in relationship to building(s) and other fire protection systems.

12.

Reclaimed water system. Unless exempt from the reclaimed water requirements, include the amount of reclaimed water to be utilized and method of application on the site.

13.

Landscape and irrigation plan.

a.

Landscaping plan. Include a scaled working drawing indicating planting specifications for landscaping, buffers, open spaces, recreation areas and other required landscaped areas which shall comply with those performance criteria included in Article XIII. The plan shall also show any environmentally sensitive areas and preservation areas, as well as those areas involving aquatic plantings.

b.

Irrigation plan. The irrigation plan shall be prepared by a registered landscape architect, engineer or an irrigation contractor working under the supervision of a registered landscape architect or engineer and shall utilize the current techniques emphasizing design efficiency and water conservation, as well as public health, safety, and welfare as discussed in Section 3-13.10(D). The minimum requirements for plan approval shall include:

i.

Location and specifications for irrigation equipment;

ii.

Design which promotes water conservation and efficient relationship of plant types to water demanded;

iii.

Source of water for irrigation system.

14.

Outdoor facilities. Location and character of all outside facilities or areas to be used for storage, display or waste disposal.

C.

Concurrency facilities. The plan for concurrency review shall identify demands on concurrency facilities generated by the proposed development. These facilities shall include the following:

1.

Potable water supply.

2.

Wastewater management.

3.

Water quality: Discuss disposal areas, septic tank drainfield, urban runoff areas impervious surfaces, and construction-related runoff. Describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of potential pollution sources upon the quality of the receiving waters prior to, during and after construction.

4.

Stormwater management.

5.

Solid waste.

6.

Roadways.

7.

Recreation.

The applicant's discussion of each of the above facilities shall satisfy all criteria for concurrency management cited in Article IX, especially Sections 3-9.8 through 3-9.10.

(Ord. No. 02-1045, §§ 30, 31, 5-13-02; Ord. No. 02-1046, § 3, 5-13-02)

A.

Approval procedure. Upon the approval of such site plan by the Planning and Zoning Commission, a building permit may be issued pursuant to Section 1-2.4 by the Administrative Official.

B.

Appeals of action by the Planning and Zoning Commission. Any applicant for site plan approval, or any other aggrieved person having an interest therein, may file an appeal to the City Commission to review the action of the Planning and Zoning Commission in allowing or disallowing such application for site plan approval, which notice of appeal shall be filed with the City Clerk within ten calendar days of the oral decision announced by the Planning and Zoning Commission at its final hearing on the issue (cross reference Section 1-2.6(E)).

C.

Timing of the release of building and construction permits. No permits shall be granted by the Administrative Official until the time for appeal to the City Commission from the decision of the Planning and Zoning Commission as herein provided shall have expired. When such an appeal is filed, no such permit shall be issued until after final determination of such appeal has been made by the City Commission. Appeal to the courts shall not bar the issuance of permits unless the court grants an injunction.

D.

Written decision required for site plan denial. If the Planning and Zoning Commission denies a site plan approval, it shall specify the reasons said plan was denied with specific reference to those sections of the applicable City ordinances on which said denial was based.

The site plan approval shall expire 12 months after approval by the Planning and Zoning Commission, if construction has not been started as evidenced by steady and continuous progress, including the pouring of footings, by said termination date. Notwithstanding, if a phased schedule for construction is approved by the City as part of the site plan approval process, such schedule shall become the standard for determining site plan expiration.

In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changes in any way whatsoever, the site plan approval shall be transferrable.

A site plan approval may be extended for 12 months by a favorable vote of the Planning and Zoning Commission if the applicant submits a petition for such extension prior to the site plan's expiration and demonstrates "reasonable cause" for the extension. The burden of proof in justifying "reasonable cause" shall rest with the applicant.

A.

Purpose. The purpose of this ordinance is to assist implementation of the City of Casselberry Comprehensive Plan by establishing procedures and standards for the development and subdivision of real estate within the City of Casselberry, in an effort, among other things, to:

1.

Provide proper legal description, identification, installation of monuments, and recording of real estate boundaries;

2.

Aid in the coordination of land development in the City of Casselberry in accordance with orderly physical patterns;

3.

Discourage haphazard, premature, uneconomic or scattered land development;

4.

Provide safe and convenient traffic control;

5.

Encourage development of an economically stable and healthful community;

6.

Develop adequate utilities;

7.

Alleviate impacts of periodic and seasonal flooding by providing protective flood control and drainage facilities;

8.

Protect environmentally sensitive areas;

9.

Provide for management and/or protection of water resources; provide public open spaces for recreation;

10.

Require the installation of adequate and necessary physical improvements, and provide that the purchaser of land in a subdivision has access to necessary improvements of lasting quality;

11.

Avoid impacts and costs resulting from haphazard subdivision of land and the lack of authority to require installation by the applicant of adequate and necessary physical improvements; and

12.

Require development in keeping with the topography and other site conditions;

13.

Encourage aesthetically acceptable development;

14.

Protect privacy.

B.

Conformance required. No subdivision of a tract of land anywhere in the incorporated area of the City of Casselberry shall be created except in conformance with this ordinance. No subdivision shall be platted or recorded nor shall any building permit be issued unless the subdivision meets all the applicable laws of the State of Florida and has been approved in accordance with the requirements of the City of Casselberry as herein established.

C.

Major and minor subdivisions. All future subdivisions of land within the corporate limits of the City of Casselberry shall be classified as being a "major" or "minor" subdivision, as defined herein, and shall be subject to the regulations of this Code as they apply.

1.

Minor subdivision. Any residential subdivision of land meeting the following conditions: (1) having four lots or less on an accepted street with a minimum 50-foot-wide right-of-way; or (2) does not require an extension of any offsite improvements.

2.

Major subdivision. Any subdivision not classified as a minor subdivision.

D.

Waivers and modifications. Any applicant may request a waiver or modification from strict compliance with subdivision requirements. Such request for waiver or modification shall comply with the requirements and procedures set forth in this Section.

1.

Application to Administrative Official. Applications for requests for waiver or modification shall be submitted to the Administrative Official. The Administrative Official shall have the authority to require that submittal of such application be submitted with the related application required in the subdivision regulations. The form of the request shall be acceptable to the Administrative Official and shall comply with the following requirements:

a.

The request shall be in written form.

b.

The request shall accompany the proposed plan in question.

c.

The request shall identify the requirement or provision that is proposed to be modified or waived and shall fully explain the reasons that such waiver or modification should be permitted.

d.

The Administrative Official has the authority to accept or reject such request based on reasonableness.

2.

Administrative Official action shall resolve technical issues. Upon acceptance of a request by an applicant as set forth above, the Administrative Official shall have the authority to allow the Development Review Committee to act upon a request for waiver or modification when such request is primarily of a technical nature. Such request must involve a technical specification or requirement such as but not limited to the type of materials, type or manner of application of materials, installation sequence, material performance, construction technique or requirement for specific construction feature. Further, the waiver or modification must not constitute a policy question.

In granting such request for waiver or modification, the Development Review Committee must make specific affirmative findings respecting each of the matters specified in Subsection 4-19.1(D)(4), and may prescribe appropriate conditions and safeguards, including requirements in excess of those otherwise required by this regulation, which shall become a part of the terms of subdivision approval.

3.

Administrative Official action and referral of policy issues to City Commission. If the request of a waiver or modification regards a requirement or provision which is not determined to be a technical requirement by the Administrative Official, such a request for waiver or modification shall be regarded as a policy issue. The Administrative Official shall have the authority to refer requests for a waiver or modification regarding a policy issue to the City Commission for action. The City Commission shall render decisions regarding such waivers or modifications based on findings pursuant to criteria cited in 4-19.1(D)(4). In granting such waiver or modification, the City Commission may prescribe appropriate conditions and safeguards, including requirements in excess of those otherwise required by the land development regulations, which shall become a part of the terms under which the subdivision is approved.

4.

Criteria for consideration of a waiver or modification. Before any waiver or modification may be granted, the following criteria shall be met:

a.

General criteria.

i.

Purpose and intent, Comprehensive Plan. The waiver or modification is consistent with the stated purpose and intent of these regulations and with the Comprehensive Plan.

ii.

Public interest, adjacent property. The waiver or modification would not have a significant adverse impact on the public interest, or on adjacent property.

iii.

Not discriminatory. The waiver or modification is not discriminatory, considering similar situations in the general area and in past subdivision regulations.

b.

Specific standards. No waiver or modification may be granted unless the developer clearly shows the existence of one or more of the following:

i.

Superior alternatives. The development will provide an alternative which will achieve the purposes of the requirement through clearly superior design, efficiency, or performance.

ii.

Protection of significant features. The waiver or modification is necessary to preserve or enhance significant existing environmental or cultural features, such as trees, scenic areas, historic sites or public facilities, related to the development site.

iii.

Deprivation of reasonable use. Strict application of the requirement would effectively deprive the owner of all reasonable use of the land to be subdivided, due to its unusual size, shape, topography, natural conditions, or location provided that:

(a)

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case; and

(b)

The unusual conditions involved are not the result of actions of the developer or property owner which occurred after the effective date of these regulations.

iv.

Technical impracticality. Strict application of the requirement would be technically impractical in terms of engineering, design, or construction practices, due to the unusual size, shape, topography, natural conditions or location of the land or due to improved efficiency, performance, safety, or construction practices which will be realized by deferral of the installation of required improvement provided that:

(a)

The development will provide an alternative adequate to achieve the purposes of the requirement, including security for the current construction cost, adjusted for inflation, of any required improvements which may be deferred; and

(b)

Any unusual conditions creating the impracticality are not the result of the actions of the developer or property owner which occurred after the effective date of these regulations.

v.

Regulation has no relationship to the proposed development or its impacts. Where all or any part of the regulation has no relationship to the needs of the development, or to the impact of the development on the public facilities, land use, traffic, or environment of the neighborhood and the general community, due to the location, scale, or type of development involved; provided that any specific waiver or modification requirements set forth in these regulations are met.

vi.

Planned developments. If the subdivision concerns a planned residential or mixed-use project in a PRD or PMX district and the waiver is inconsistent with an approved conceptual, preliminary, or final development plan for the planned development.

vii.

Nonresidential subdivisions. If the subdivision concerns a nonresidential development and the subdivision requirement is clearly applicable only to residential sub- divisions in view of their unique needs, impacts, and characteristics.

5.

Conditions for approval. Reasonable conditions, and additional or alternative requirements, including but not limited to those relating to the provision of adequate security to assure compliance, the dedication or reservation of land, or the provision of funds in lieu of installation of improvements or dedication or reservation of land, may be imposed in connection with the approval of any waiver or modification of any requirements under Section 4-19.1(D)

E.

Recording of plats. No final plat of any subdivision shall be recorded in the Office of the Clerk of the Circuit Court of Seminole County until the subdivision shall have been approved in the manner prescribed herein. If any such plat is recorded, the City Commission will request that it be stricken from the records.

F.

Unlawful sale or transfer of property. It shall be unlawful for anyone who is the owner or agent of the owner of any land in the City of Casselberry to transfer, sell, agree to sell, convey, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a minor or major subdivision of such land without having recorded an approved subdivision plat as required herein. If such unlawful use is made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor, punishable as provided in Section 1-1.11 of the Unified Land Development Regulations.

G.

Building permits subject to final plat approval and recording. No building permit shall be issued until a final plat for such impacted land has been approved and recorded pursuant to requirements herein stipulated.

H.

Creation of subdivision by joint owners of land. Where it may subsequently become evident that a subdivision is being created by the recording of deeds by metes and bounds description of tracts of land, the City may, at its discretion, require all the owners involved to jointly file a plat of the subdivision being so created or require all owners of record to jointly conform to the applicable provisions of this Article as are requisite for the issuance of building permits or the furnishing of any City service.

I.

Effect on previously platted subdivisions. This Article shall not apply to any land forming a part of a subdivision created and recorded prior to adoption of this ordinance, but it shall apply to any resubdividing of each prior subdivision and any new subdivision.

J.

Effect on active subdivision development. Developments which have received preliminary plat approval prior to adoption of these regulations and are recorded within 180 days following adoption shall be exempt from the requirements for subdivision approval as stated herein. Such developments not having received preliminary plat approval shall be subject to the regulations as stated herein.

K.

Relationship of deeds, covenants, and other private restrictions to the regulations for the subdivision of land. It is not intended by the provisions of these regulations to repeal, abrogate, annul, or in any way impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that, where this Article imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this Article shall apply. The City shall not be responsible for enforcement of such deeds, covenants, or agreements.

L.

Disapproval of plan. Upon disapproval of any plan, the City Commission shall indicate those sections of this Article with which the plan does not comply.

The following tangible improvements are required in conjunction with the development of a subdivision within the City of Casselberry. A Florida registered professional engineer shall be employed to design all required improvements including streets, drainage structures, bridges, bulkheads, and water and sewer facilities. Design data, such as calculations and analysis, shall be submitted along with the development plans covering important features affecting design and important features of construction. Such calculations and analysis shall include, but not be limited to, high ground and surface water elevations, drainage facilities of all kinds, subsurface soil data, utilities, alternate pavement and subgrade types, and radii at intersections when standards of the American Association of State Highway and Transportation Officials (AASHTO) are inadequate. The design of required improvements shall be accomplished in such a manner that they shall be equal to or exceed those outlined in this Section.

The required improvements shall be completed prior to recording the plat in the manner prescribed in this ordinance or the applicant shall submit to the City a guarantee in one of the forms prescribed by this ordinance to assure the installation of the required improvements.

A.

Access. Ingress, egress, and access management shall be compliant with criteria stipulated herein.

1.

General design of access. Access shall be provided as follows:

a.

In order to provide ease and convenience in ingress and egress to private property and the maximum safety with the least interference to the traffic flow on public streets, classified major collector and above, the number and location of driveways shall be regulated by the dedication of access rights to the City.

b.

Street stubs to adjoining undeveloped areas shall be provided when required to give access to such areas or to provide for proper traffic circulation. Streets stubs in excess of 250 feet shall be provided with a temporary cul-de-sac turnaround.

c.

Tapers, deceleration lanes, left turn lanes, bypass lanes, median modifications or other design features may be required to protect the safe and efficient operation of the access street.

d.

Every lot or parcel shall be served from a publicly dedicated street; however, an applicant may retain as private a local street if the following conditions are met: (1) public right-of-way is not required in order to serve adjacent development that is existing or projected; (2) a permanent access easement is granted for service and emergency vehicles and for maintenance of public and semipublic utilities; and (3) a reciprocal easement for ingress and egress is granted all residents of the development.

2.

Specific access design. Minimum dimensions between the edge of intersections to the edge of points of access (driveways) to lots developed within a subdivision shall be located as follows:

These dimensions are consistent with FDOT Rule #14-97, State Highway System Access Management Classification System and Standards, which dictates the location of access to state facilities.

The subdivision shall be designed to provide access to the lots by the use of local streets. A secondary means of access shall also be provided to all subdivisions for use by emergency vehicles. Local street connections to collector streets shall be a minimum of 660 feet apart and collector street connections to arterial streets shall be a minimum of 1,320 feet apart. Where access is desired along collector or arterial streets, it shall be provided by means of a marginal access road. The first point of access to the marginal access (frontage) road from collector and arterial streets shall be a minimum of 330 feet from intersection right-of-way lines as shown on the Comprehensive Plan Future Traffic Circulation Map Series, with intermittent points at median opening locations being a minimum of 660 feet from intersecting right-of-way lines, unless otherwise approved by the City Engineer. Access spacing of lesser lengths may be granted if requested by the applicant and if approved by the City Engineer.

3.

Nonresidential driveways and internal circulation.

a.

Vehicular circulation must be completely contained within the property and vehicles located within one portion of the development must have access to all other portions without using the adjacent street system.

b.

Acceptable plans must illustrate that proper consideration has been given to the surrounding street plan, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements, and safety.

c.

No driveway shall be constructed in the radius return of an intersection.

4.

Service drives. Where a subdivision borders on or contains a railroad right-of-way, limited access highway right-of-way, or arterial street, the City Commission may require a service drive or suitable provisions for future service drives approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Distances involving right-of-way shall also be determined with due regard for the requirements of approach grades and future grade separations.

B.

Alleys. Alleys may be required along rear lot lines of commercial and industrial subdivisions. If alleys are included in a subdivision they shall conform to the following standards:

The City shall discourage the use of alleys in single-family districts. Alley intersections and sharp changes in alignment shall be avoided and dead-end alleys are prohibited. Fire lanes shall have a minimum paved width of 20 feet.

C.

Blocks. The length, width and shape of blocks shall be determined with due regard to:

1.

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

2.

Zoning requirements as to lot size and dimensions.

3.

Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic.

4.

Most advantageous use of topography and preservation of mature trees and other material features wherever possible.

a.

Block lengths shall not exceed 1,000 feet in length between intersecting streets nor be shorter than 300 feet. Greater lengths may be approved by the City Engineer where special topographical conditions exist.

b.

Pedestrian crosswalks not less than eight feet wide may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

D.

Bridges and culverts. Where a subdivision is traversed by or develops canals, watercourses, lakes, streams, waterways or channels, bridges or culverts shall be provided as necessary to facilitate the proposed street system. Approach guardrails, fences, and walks shall be provided as required by the City Engineer. The bridge or culvert requirement is subject to the agency having jurisdiction over above-enumerated facilities as well as by the City Engineer. Decisions by the City Engineer shall be appealable to the City Commission within five days.

1.

Bridges shall be designed pursuant to current state Department of Transportation practices and specifications.

2.

Low-maintenance materials shall be used.

3.

The bridge shall have a clear roadway width between curbs two feet in excess of the pavement width in each direction.

4.

The bridge shall provide for four-foot sidewalks on each side.

5.

All bridge structures shall be designed for HS 20-44 loading and incorporate adequate erosion protection.

E.

Buffers.

1.

Buffers (such as walls, fences, berms, other landscaping and open spaces) shall be required for screening between adjacent incompatible or potentially incompatible land uses or zoning categories, as provided in Section 3-13.7.(C1), when:

a)

Building height, noise or visual blight might become a problem; and

b)

To prevent direct driveway cuts onto roadways to provide safety, to reduce noise from adjacent streets, or to maintain the integrity of a subdivision.

2.

Design requirements. Decorative masonry, fences, plant material, or berms shall be:

a)

Set back at least one foot from the right-of-way.

b)

A maximum height of eight feet; unless otherwise approved by the City Engineer.

c)

Constructed so that pilasters or fence terminal anchor posts shall be installed at the corners of each lot in such a manner that each property owner might maintain his own section of the buffer.

d)

The buffer shall provide 100 percent opacity.

F.

Central water system. A complete water distribution system connected to the City water system shall be provided for all new subdivisions. The design of the entire system shall be engineered and coordinated with the City Engineer to comply with the City's adopted Comprehensive Plan and shall conform to the Department of Environmental Regulations, the fire protection requirements of the American Insurance Association, and accepted standards for municipal water supply and fire protection systems as prescribed by the National Fire Codes and the Fire Protection Handbook published by the National Fire Protection Association as exists or may hereafter be amended. Concurrency management criteria of Article IX must be met. The following are general requirements for central water systems:

1.

Water supply. The central water system shall connect to the City central water system.

2.

Distribution system. The distribution system shall provide connections to each individual lot, to each public facility, to all required fire hydrants and fire protection systems and to median strips for irrigation where landscaped unless the median strips are irrigated by a separate system; water mains shall be required in each street right-of-way and shall be looped except in cul-de-sacs less than 300 feet long and cross-streets not requiring service connections.

Plans for the central water system including fire protection facilities and appurtenances shall be submitted to the City Engineer and Fire Marshal for review and approval.

New water systems shall be designed and constructed for an economic life of not less than 20 years. Central water systems shall comply with requirements according to the type of development or subdivision served as prescribed herein.

G.

Central wastewater systems. Central wastewater collection, wastewater treatment and disposal systems shall be provided for all new subdivisions. The system shall meet concurrency management criteria of Article IX and the following criteria:

1.

General requirements. The central wastewater system shall be designed by a professional engineer, registered in the State of Florida, conforming to acceptable standards of sound practices for wastewater collection systems and shall conform to all requirements of the state Department of Environmental Regulation and any other wastewater permitting authorities and shall conform to the fire protection requirements of the American Insurance Association.

2.

Submittal requirements. Upon submittal of construction plans for a central system as prescribed by this ordinance, the design engineer shall supply data, calculations and analysis showing important features affecting design including, but not limited to:

a.

Number of units, bedrooms, other domestic wastewater generators.

b.

The type of units and expected population or estimated flow of wastewater from any unit designed for use.

c.

The number of proposed equivalent residential connections (ERC) to the system and the anticipated flow of sewage to the wastewater treatment plant computed in accordance with current City criteria.

d.

Any other meaningful information necessary to arrive at estimates of amounts and character of wastewater pertinent to the design.

H.

Commercial and industrial subdivisions. Commercial and industrial subdivisions shall comply with all of the requirements of this ordinance, except that all local streets shall be designed according to the collector street typical section contained in these regulations.

I.

Curbs. Either Miami or vertical type concrete curb and gutter, or ribbon curb with swale type drainage, shall be constructed on all streets. The City Engineer shall determine the appropriate type drainage by considering the soil and water conditions, the location of the property, the proximity to lakes and streams, and other factors.

J.

Impact fee for parks and recreation. All residential development shall provide an equitable fee for public park purposes pursuant to the standards stated below and shall comply with concurrency management provisions of Article IX. The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications. No property shall be assessed twice for respective applications unless an increase in density results on a respective parcel(s) of land.

1.

Requirements. As a condition of building, the applicant shall pay an impact fee equal to $390.00 per dwelling unit to the City of Casselberry, for park and recreational purposes.

2.

Use of money. The money collected shall be paid to the City of Casselberry and placed in a reserve account within a special fund. Monies within the reserve account shall be used and expended for the acquisition, improvement, expansion or implementation of parks and recreational facilities of the City reasonably related to serving said residential applicants and as approved by the City Commission.

K.

Easements. Utility easements including water, sewer, electric, telephone, and gas and drainage shall be provided as follows:

1.

Applicants are encouraged to install utilities in the public right-of-way. Easements for utilities along rear lot lines and, where deemed necessary, along side lot lines, of a minimum width of 15 feet shall be provided as required for proposed utility installation, maintenance, or as may be required. Easements of greater width may be required along or across lots, where necessary, for the extension of main sewer or other utilities or where multiple utilities and water and sewer lines are located within the same easement. Side lot easements may be decreased to ten feet when serving a single electric or telephone utility.

2.

A drainage easement shall be provided when necessary. This easement shall be of sufficient width to provide adequately for watercourses, drainageways, channels, pipes, culverts, or streams, and access to permit maintenance of the drainage easement.

3.

Canals and waterways which are constructed or improved for the purpose of providing access by water to lots within a subdivision shall have a minimum easement width of 100 feet. A minimum water depth of five feet shall be provided for a continuous bottom width of 20 feet. Whenever possible, canals and waterways shall provide for adequate flushing action by prevailing winds and currents to ensure the prevention of stagnant water and debris accumulation.

L.

Environmental considerations. All performance standards of Article X shall be satisfied, including but not limited to: preservation of natural resources; preservation of wetlands; species of special concern; soil erosion, sedimentation control; and shoreline protection; freshwater lens [sic] protection; preservation of wildlife habitats and protection of upland vegetative communities and endangered or threatened flora and fauna; land use and soil compatibility; and floodplain protection.

1.

Fill. The subdivision shall be graded and, where necessary, filled to comply with the stormwater management requirements prescribed in Article XII of this Code. The fill shall be free of muck, peat, clay, unstable soils, organic matter such as logs, stumps, trees, clippings and cuttings and any form of junk, rubbish, trash, liquid or solid wastes, or any form of debris that is subject to consolidation, disintegration, erosion or encourages the presence of insects, termites, or vermin. The type of fill within the rights-of-way shall be satisfactory to and meet with the approval of the City Engineer who shall require soil tests of the backfill and the underlying material at the cost of the applicant and who shall require the development's project engineer to certify the type of material and method of placement.

2.

Soils. The plan shall show the location and results of test borings of the subsurface condition of the tract to be developed. The tests shall be the type performed by the Soil Conservation Service including percolation characteristics and detailed soils data.

When nonpervious soils (hardpan or other impervious soils) or unstable materials (peat, muck, etc.) are encountered the plan shall reflect a satisfactory design to cope with such conditions. If the soil analysis reflects that the area contains hardpan or other impervious soils or contains peat, muck or other unstable materials, the City Engineer shall require such additional design and construction as are necessary to assure proper drainage and development of the area. The number of tests and their location shall be mutually determined by the applicant's engineer and the City Engineer and shall be recorded as to location and result on the construction plans. All plans and improvements shall be compliant with Article XI.

Land which is subject to periodic flooding or which has unsuitable soil conditions shall to be subdivided until all water and soil hazards have been reasonably eliminated in relation to the purpose for which the land is to be used.

3.

Erosion control. Seeding, mulching, sodding, and/or other acceptable methods shall be performed as required to prevent undue erosion during all construction activities. Erosion, sedimentation control and shoreline protection measures stipulated in Article XI shall be carried out as applicable. The applicant shall be required to keep accumulations of sand and earth out of the curb, gutter, swales, and drainage ditches. Temporary siltation basins may be required during construction. Maintenance shall be provided by the applicant for the two-year period of the road guarantee and for each lot until final inspection is passed.

4.

Land clearing and excavation. Land clearing, excavation, and fill permits as required by the City of Casselberry Code of Ordinances shall be obtained from the City Engineer or other designated staff prior to commencement of clearing, grading or filling work. Similarly, all requisite permits from the county, state, SJRWMD, or the federal government shall be obtained and presented to the City prior to commencement of any clearing, filling or excavation.

Applicants shall be required to clear all rights-of-way and to plan and construct all grades, for streets, alleys, lots and other areas, in a manner which is consistent and compatible with all performance criteria of Article X as stipulated above and all such plans and construction activities shall be consistent with stormwater management requirements of Article XII of this Code.

In the interest of preserving existing trees and other natural beauty, the Planning and Zoning Commission or other designated staff may vary the requirements of this Section where aesthetic and environmental conditions will be enhanced but will not adversely affect property drainage of the area.

5.

Shoreline protection. Bulkheads, piers and docks installed along the shoreline shall be installed under permit issued by the City Engineer. Bulkheads shall not be constructed below the ordinary high-water line unless permitted by the controlling federal or state agency. Any such plans and improvements shall comply with all environmental performance criteria of Article XI, including but not limited to preservation of wetlands and other environmentally sensitive areas; soil erosion, sedimentation control, and shoreline protection; lakeshore protection, preservation of wildlife habitats and other related performance criteria. No development order approval shall occur until appropriate federal and state permits are issued.

M.

Fire protection facilities. The fire protection facilities described below shall be provided in all subdivisions:

1.

Fire hydrant location. Fire hydrants in single-family residential districts shall be located so that they are spaced no more than 700 feet apart and no more than 250 feet to the center of any lot in the subdivision. Fire hydrants in all other districts shall be located so that they are spaced no more than 300 feet apart and no more than 250 feet to the center of any lot in the subdivision. Fire hydrants shall not be connected to or supplied by water distribution mains less than six inches in diameter.

2.

Fire hydrant cutoff valve. A cutoff valve with the top of its valve box located at finished grade to house the valve stem shall be installed between each fire hydrant and the distribution main supplying it with water. At all times the cutoff valve shall remain in the "on" position except when it is used to cut off the water flow to the fire hydrant for repair or replacement of the hydrant and its branch piping.

3.

Fire hydrant installation. Fire hydrants shall be installed so that the elevation of the bottom of hose connection outlets shall be not less than 24 inches nor more than 30 inches above finished grade at each hydrant. Finished grade shall be level for a radius of not less than five feet around each hydrant.

4.

Water distribution mains installation. Water distribution mains shall be installed in all streets, except cross-streets not requiring service connections and cul-de-sacs less than 300 feet long. Water distribution mains shall be looped or interconnected with valves to enable localizing any portion of the distribution system except for short branches supplying not more than five lots.

5.

Entry gates. The City's Fire Marshal shall determine the location and type of access technology for entry gates for the access of emergency vehicles into a new development.

N.

Identification signs and enclosure walls. Identification signs and enclosure walls which comply with Section 4-19.4(E) and criteria outlined in Item 43 of Table 19-6.1, Required Supplementary Documents, may be approved:

1.

Approval of the Commission; maintenance. With the specific approval of the City Commission, subdivision identification signs or enclosure walls may be allowed within public rights-of-way and easements. Maintenance of the signs or walls, associated sprinkler systems, electricity, landscaping, and related improvements shall be the responsibility of the applicant until the applicant transfers all maintenance responsibility to the subdivision homeowners' association. The transfer of all maintenance responsibilities to a City-approved subdivision homeowners' association shall be subject to the specific prior written approval of the City Commission.

2.

Planned unit developments. All provisions of Section 4-19.4(E) shall apply to subdivision identification signs and enclosure walls located within rights-of-way and easements in planned unit developments authorized pursuant to Article XX.

O.

Individual sewage system. Individual wastewater systems consisting of pipes, tanks or treatment devices and subsurface absorption fields or other devices shall meet the requirements of this ordinance, the requirements of all requisite federal, state and regional permitting agency regulations and shall be designed and located to facilitate a convenient and economical connection to a future central sewage system. Individual systems shall not be allowed where connection to the City's central wastewater system is feasible as determined by the City.

P.

Lots. All lots shall have frontage on a street which has a minimum right-of-way of 50 feet. All lots shall have area, frontage, width and depth required by the zoning district in which said lots are located. The minimum width of a lot fronting on the inside of curvature of a street or cul-de-sac shall be measured from side boundary to side boundary along the chord of the front setback line. Notwithstanding, lots developed under an approved planned unit development shall be regulated by lot dimension requirements stipulated in the approved planned unit development site plan. When a subdivision is proposed upon land with existing structures that are to be retained, lots are to be designed so as not to cause said existing structures to become nonconforming with respect to building area or lot size. Access from individual lots generally should not be permitted directly to collector or arterial streets. Flag lots shall be expressly prohibited. The entire parent tract being subdivided shall be placed in lots, streets, and other usable tracts so that remnants and other landlocked areas shall not be created. No lot shall be divided by a municipal boundary.

1.

Double-frontage lots. Double-frontage lots or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. Where double-frontage lots are developed they shall be buffered as required by this ordinance. The required front yard shall be provided on each street on double-frontage or through lots.

2.

Corner lots. Corner lots shall have a width equal to the width required by the land development regulations for internal lots, plus the difference between the required front yard width and required side yard width.

Q.

Median strips and entranceways.

1.

Median strips. Median strips which are part of a dedicated or deeded right-of-way may not be utilized for any purpose other than by the City or a public utility. Where an applicant desires or is required to beautify a median strip in a subdivision, he may do so by placing grass, shrubs, and/or approved species of trees within the median strip in accordance with the City landscape ordinance and the City of Casselberry Code of Ordinances.

2.

Subdivision entranceways. Subdivision entranceways consisting of walls, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Entranceways, if divided, shall be divided by a raised or landscaped median strip and shall be not less than two lanes each 12 or more feet wide. Decorative entranceways shall be constructed upon plots of land adjacent to the right-of-way in compliance with the land development regulations and building codes and placed so as not to constitute a traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets.

Where an applicant is specifically permitted by the City to construct decorative entrances, structures, or landscaping within the right-of-way of any street, the applicant or community homeowners' association shall provide an adequate bond to guarantee maintenance for a specified period and to provide for removal for such structures and for landscaping at the end of such period on order by the City for cause. The City shall not accept any liability or responsibility for maintenance for decorative entrances, structures, or landscaping in rights-of-way. Such improvements shall be designed in such a manner so as to not obstruct desirable visibility or restrict turning movements.

R.

Offstreet parking areas. Offstreet parking areas shall be provided in accordance with Article XV of this Code and shall contain provisions for ingress, egress, vehicular and pedestrian traffic, and orderly temporary storage of motor vehicles. Parking areas including vehicular storage spaces, driveways and access aisles shall be laid out and striped in accordance with the minimum parking standards of Article XV of this Code. Access management as well as internal circulation and offstreet parking performance criteria of Article XV shall be satisfied. Parking areas including spaces, driveways, and access aisles shall be constructed in accordance with the following standards:

1.

Parking areas for all residential lots and for commercial lots having an area of 15,000 square feet or less shall have a wearing surface of one inch of Type SI or Type II asphalt concrete laid over a subbase not less than six inches thick, free of muck and organic materials, stabilized to a minimum 50 psi F.V.B.

2.

Nonresidential parking areas for lots with areas greater than 15,000 square feet shall be paved in the same manner as a local street.

3.

Adequate drainage shall be provided for a one-in-ten-year storm in all offstreet parking areas in accordance with Article XII.

S.

Permanent control points (P.C.P.'s) and monuments. Permanent control points (P.C.P.'s) and monuments shall be provided in accordance with F.S. ch. 177, as amended. Where required improvements are constructed prior to recording the plat, the permanent control points (P.C.P.'s) shall be set prior to submission of the final plat and certified by the surveyor of the plat. Where required improvements are constructed after recording, the guarantee for such improvements shall incorporate placement of permanent control points (P.C.P.'s) and the surveyor's certificates shall indicate that permanent control points will be set within one year from the date of recording of the plat under surety posted with the City for the required improvements.

Where such monuments occur within street pavement areas, they shall be installed in a typical water valve box and cover, as prescribed in these regulations. All information pertaining to the location of P.R.M.'s, such as underground installations, and similar facilities, shall be indicated in note form on the plat.

T.

Sidewalks and bicycle paths. Sidewalks shall be placed on each side of all streets.

A required sidewalk may be waived by the City Commission when adequate pedestrian circulation is provided by bicycle/pedestrian paths. The control, jurisdiction and maintenance obligation of bicycle/pedestrian paths not located within the right-of-way shall be placed in a property owners' association, condominium association or cooperative apartment association, as defined by the state law, or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements, or deferred and guaranteed by the posting of surety. A dual system consisting of sidewalks within the road right-of-way and bicycle/pedestrian paths outside of the road right-of-way may be used to provide adequate pedestrian circulation.

Sidewalks, bicycle or pedestrian paths shall conform with the following construction guidelines:

SIDEWALK, BICYCLE AND
PEDESTRIAN PATH
REQUIREMENTS

Notes:

•

Sidewalks shall be constructed of non-stressed concrete having a compressive strength of 2,500 pounds per square inch at 28 days.

•

Cross-slope shall be one-fourth inch per foot. Sidewalks shall be installed prior to final inspection.

•

Bicycle/pedestrian paths shall be constructed according to FDOT Bicycle Facilities Planning and Design Manual.

U.

Stormwater management. All subdivisions shall have an adequate comprehensive stormwater management system compliant with Articles XII and XIII.

V.

Streets. All streets and related facilities required to serve the proposed subdivision shall be constructed and paved by the applicant pursuant to specifications herein stipulated. The construction shall consist of, but not be limited to, street grading, subgrading stabilization, base preparation and surface course along with drainage as required under this Article.

1.

Street layout. The proposed subdivision street layout shall be coordinated with the adopted Comprehensive Plan as adopted or as may hereinafter be amended, and with the street system of the surrounding area. Consideration shall be given to existing and planned streets, relation to topographical conditions, to public convenience, safety and their appropriate relation to the proposed use of the land to be served by such streets.

2.

Costs of paving streets. No part of the cost of paving streets in any undeveloped subdivision shall be paid by the City. Where access streets to a subdivision are not adequately paved to handle the anticipated traffic, arrangements for paving the access streets should be made with the City prior to acceptance of the final plat by the developer. All paving installed in and adjacent to these subdivisions shall be at the entire cost of the applicant and shall be pursuant to the sections of this Article.

All roadway improvements shall comply with concurrency management provisions of Article IX.

3.

Streets adjoining unsubdivided land. When a new subdivision adjoins unsubdivided land, new streets which in the opinion of the City Engineer, the Planning and Zoning Commission, and/or the City Commission are required to serve the abutting unsubdivided land shall be designed as collector streets and shall be carried to the boundary of the tract proposed to be subdivided. Local streets, when extended to the boundary of the tract, shall be designed in a manner that will discourage through traffic.

4.

Curvilinear street design. The use of curvilinear design of street layouts is encouraged to promote aesthetically pleasing appearance and to prevent the use of grid design in order to discourage through traffic.

5.

Impact of traffic circulation map. The new subdivision shall provide for the incorporation and compatible development of present and future streets as generally delineated on the traffic circulation map adopted by the City Commission under the Comprehensive Plan ordinance, when such present or future streets are affected by the proposed subdivision. Notwithstanding, where the City Engineer and/or the Planning and Zoning Commission recommend, and the City Commission determines that there is a need for incorporating a new or realigned major thoroughfare based on characteristics of specific development proposals as well as changed conditions since the adoption of the Comprehensive Plan, the City shall require subdivision applicants to conform to the newly prescribed road improvement.

6.

Traffic analysis. A subdivision preliminary plat shall include preparation of a traffic impact analysis pursuant to Article IX, Concurrency Management, of this Code, if the proposed subdivision is projected to generate a traffic flow above the threshold therein defined. The traffic impact analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes, capacity of street systems proposed or affected by the development, and the phasing of improvements.

_____

7.

Street right-of-way characteristics. Street improvements shall be designed in a manner compatible with design characteristics of the City's future traffic circulation system and the City's minimum right-of-way standards as cited below:

*Outside to outside of standard vertical curb and gutter.

**Outside to outside of Miami or standard vertical curb and gutter.

The City shall preserve existing rights-of-way and shall enforce standards requiring dedication of roadways for which the need is generated by new development.

These design parameters may be adjusted based on projected traffic carrying capacities of specific developments and application of accepted principles and practices of traffic engineering and design of facilities. The specific design features shall be recommended for approval by the City Engineer prior to acceptance by the City.

_____

8.

Dead-end streets (cul-de-sacs). Dead-end streets shall be prohibited except when designed as a cul-de-sac. Such streets shall not exceed the length of 800 feet except where natural geographic barriers exist necessitating a greater length approved by the City Engineer. When constructed with a curb and gutter cul-de-sacs shall have 50 feet of right-of-way approach to a 100 feet diameter turnaround circle. When constructed with swale drainage cul-de-sacs shall have 70 feet of right-of-way approach to a 100 feet diameter turnaround circle. Width of surface course of pavement shall be 26 feet on the approach and 80 feet diameter for the turnaround. Approach and turnaround shall be constructed in accordance with this ordinance. If a dead-end street is of a temporary nature, an adequate turnaround within the proposed right-of-way shall be required.

9.

Construction in muck areas. The design of streets proposed in excessive muck areas shall be considered on an individual basis. All plans submitted for construction in such areas shall be certified by a Florida registered engineer. Prior to issuance of a permit for such construction, the City Engineer and Planning and Zoning Commission shall approve the engineered plan as submitted by the applicant.

10.

Street grades. Street grades shall be determined in relation to the drainage installations for the subdivision. Minimum centerline grades shall not be less than 0.2 percent, the maximum centerline grade for arterial streets shall not exceed six percent, and for all other street the maximum grades shall not exceed ten percent.

11.

Intersection of streets. Street jogs at intersections with centerline offsets of less than 150 feet are prohibited.

12.

Marginal access streets. Where a subdivision abuts or contains an existing limited access highway, freeway or arterial street, a marginal access street shall be required to afford separation of through and local traffic.

Wherever possible, all subdivision access roads shall be located at existing median openings. If a subdivision access road is not located at an existing median opening, the applicant's paving plan shall provide for construction of a median opening, where permitted, or shall provide for the modification of existing openings, where required, at no cost to the City. The design of subdivision access roads shall comply with the requirements of the jurisdiction of the highway in which the median is located.

The design of access streets shall, where required, provide for acceleration, deceleration, storage, channelization, and drainage modifications as are necessary to comply with the required standards of the authority.

13.

Local streets. Local streets shall be so laid out that use by through traffic shall be discouraged.

14.

Railroads on or abutting subdivisions. When a subdivision borders on or contains a railroad right-of-way, a street or easement, as recommended by the City Engineer, approximately parallel to and on each side of such right-of-way, may be required at a distance suitable for appropriate use of the intervening land for recreation or buffer purposes in residential districts or for commercial or industrial purposes in appropriate districts.

15.

Half streets. Half or partial streets shall not be permitted. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be required to be dedicated and constructed within such tract. A proposed subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these regulations shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way requirements of these regulations are fulfilled.

16.

Street names. Extensions of existing streets shall bear the same name of the existing street. In no case shall the name of a proposed new street, which is not part of an existing facility, duplicate or be phonetically similar to existing street names.

17.

Alignment; tangent; deflection; radii. Streets shall be laid out to intersect as nearly as possible at right angles. No street right-of-way shall intersect another at an angle of less than 70 degrees unless special provision is made in the design of the intersection.

Multiple intersections involving the junction of more than two streets shall be prohibited unless special provision is made in the design of the intersection. The point of curvature of any local street shall not be closer than 100 feet to the point of intersection. All intersections shall be designed to provide adequate stopping and sight distance in accordance with the current edition of AASHTO standards. Intersections with major streets should be located not less than 800 feet apart, centerline measurement. When the centerline of a local street deflects by more than ten degrees, it shall be curved with a radius adequate to assure safe sight distance and driver comfort, but never less than a minimum centerline radius of 100 feet. Property lines at street intersections shall have 25 feet or greater radius and street pavement radii shall be a minimum of 30 feet.

18.

Private streets. A private street as a principal means of access to individually owned lots shall be prohibited, except as provided herein. Residential, one and two-family subdivisions containing 25 or more dwelling units may be developed with private streets subject to the following standards:

a.

Approval required. The Planning and Zoning Commission shall be authorized to approve private streets within a proposed subdivision. The Planning and Zoning Commission shall consider the recommendations of the City Engineer and the Administrative official regarding the impact of the proposal on the Comprehensive Plan Future Traffic Circulation Map, the City's overall traffic circulation system, and the required improvements and design criteria contained in Section 4-19.2.

b.

Platting required. The right-of-way of all private streets shall be platted as a separate parcel. A note shall be lettered across the private street on the plat, stating the name of the street and the words, "A PRIVATE STREET." The use and maintenance restrictions shall be shown on the face of the plat.

c.

Construction standards. The private street shall meet all of the public street standards of Article XIX, Section 4-19.2.V., unless otherwise modified in the Section. The specific design features of the roadway, including right-of-way width, shall be subject to approval by the City Engineer. Street names shall be assigned in accordance with Section 68-133 of the City Code.

d.

Access, ownership and maintenance. Private streets shall be owned and maintained in perpetuity by the homeowners or property owner's association. The responsibility for maintenance, without recourse to the City, shall be shown in the dedication on the face of the plat and listed in the homeowner's or property owner's association documents, covenants and restrictions. Post construction modifications to streets as originally approved by the City shall be subject to review and approval prior to construction permitting by the City so as to protect the health, safety and welfare of the City and its citizens. The City may require maintenance bonds, establishment of a maintenance fund, or other financing mechanisms to ensure adequate future maintenance of the roadway by the homeowner's or property owner's association. In addition, the homeowner's or property owner's association documents shall provide for the formation of a special taxing district or other special assessment to assume maintenance responsibility of the streets in the event of dissolution of the homeowner's or property owner's association, in accordance with Table 4-19.6, Note 44. Failure to maintain a private street shall be subject to enforcement in accordance with Article II, Section 1-2.1 through 1-2.3 of the Unified Land Development Regulations. The dedication shall provide for adequate access necessary to protect the public health, safety, and welfare.

This requirement shall apply to the provision of private streets within shopping centers, industrial, or wholly commercial districts or other developments. In such cases, the provisions of Subsections 4-19.2.V.18.a.—d. above shall apply.

19.

Standards for roadway section. A properly prepared subgrade and an approved road base and wearing surface shall be provided for all streets.

a.

The following are minimum standards for roadway subbase materials:

i.

All minor streets within the City shall have one of the following:

(a) Ten inches of compacted stabilization.

(b) Compressive strength of 50 psi Fl. Bearing Value.

(c) Density of 95 percent of the modified proctor in accordance with ASTM D1557.

ii.

All collector and arterial streets within the City shall have one of the following:

(a) Ten inches of compacted stabilization.

(b) Compressive strength of 75 psi Fl. Bearing Value.

(c) Density of 95 percent of the modified proctor in accordance with ASTM D1557.

b.

The following are minimum standards for roadway base construction:

i.

All minor streets within the City shall have the following:

(a) Six inches of 300 psi soil cement compacted to 95 percent.

(b) Six inches of limerock compacted to 95 percent.

(c) Six inches of 2,500 psi concrete.

ii.

All collector and arterial streets within the City shall have the following:

(a) Eight inches of 300 psi soil cement compacted to 95 percent.

(b) Eight inches of limerock compacted to 95 percent.

(c) Six inches of 2,500 psi concrete.

c.

The wearing surface of streets shall consist of one of the following materials:

i.

All residential minor or collector streets shall have a minimum of 1½ inches of Type I or III asphaltic concrete surface course (ACSC).

ii.

All other streets shall have a minimum of two inches Type I ACSC.

d.

Special materials or construction methods may be submitted for review and consideration by the City Engineer.

e.

Where curbs and gutters are installed, the subgrade shall be stabilized underneath the curb and gutters for a distance of one foot beyond the back edge of the curbs.

f.

Where swale drainage is utilized, ribbon curbs shall be installed at the edge of and flush with the pavement.

20.

Street lighting. The applicant shall install and be responsible for all costs associated with the installation of streetlights in accordance with this Article and the streetlights, poles, fixed equipment, and any and all fixtures and equipment germane to the subdivision development will be installed at no cost to the City. In addition, the applicant is required pursuant to Resolution No. 562 to pay a light pole and fixture fee simultaneously with the issuance of the initial building permit germane to any residential or nonresidential construction within the development.

The applicant shall provide a photometric plan including light pole locations that meet the criteria established in Section 3-10.2.6, Exterior Lighting. Street lights shall be required on interior streets and may be required on alleys, boundary streets, and access paths if the City Commission finds that the anticipated frequency of usage makes such requirement reasonable for public safety and welfare. Wherever, in the opinion of the City Engineer, a dangerous condition is created by sharp curves or irregularities in street alignment, additional lights shall be required.

Streets and roadways requiring street lighting and poles shall be wired for underground service except where overhead service is permitted.

21.

Street markers. Street markers shall be provided at each intersection. The markers shall be mounted on galvanized pipe extending at least 18 inches into concrete base below surface grade and nine feet above grade, bearing aluminum or steel sign plates six inches high to permit letters 3½ inches in height, or shall be the equivalent or better with regard to legibility, durability, and appearance.

W.

Traffic control devices. The applicant shall install all required traffic control devices based on design requirements, including but not limited to traffic lights, information and warning signs, acceleration or deceleration lanes, lane delineators, and other necessary traffic control devices on all roads within and interfacing with the subdivision. A traffic impact analysis pursuant to Article IX, Concurrency Management, of this Code, approved by the City Engineer and Seminole County, shall determine traffic light requirements. All control devices shall be consistent with the Florida DOT Manual entitled "Uniform Traffic Control Devices for Streets and Highways" as per F.S. § 316.131. If, at any time prior to final acceptance, an unforeseen need becomes apparent for signing, pavement markings, or other traffic controls, that were not shown on the approved plans, the City reserves the right to require the additional traffic control devices in the interest of public safety and as a condition of City acceptance.

X.

Utilities. Utilities, including franchised utilities, power and light, telephone and telegraph, water, sewer, cable television, wiring to street lights and gas, shall be installed underground.

1.

Coordination of easements. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations.

2.

Waivers. The City Engineer may waive the requirement for underground installation if the service to the adjacent area is overhead and it does not appear that further development in adjacent areas with underground utilities is possible. Any new service which is allowed by the waiver herein to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date.

3.

Applicant responsibility for underground installations. The applicant shall make necessary cost and other arrangements for such underground installations with each of the persons, firms or corporations furnishing utility service involved.

4.

Construction within easements. Utilities shall be constructed in easements as prescribed by this ordinance.

5.

Utility installation. After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any road or street construction material is applied, all underground work for the water mains, sanitary sewers, gas mains, telephone, electrical power conduits, cable television and any other utilities with appurtenances and branches for surface connections shall be completely installed throughout the width of the street to the sidewalk area or provisions made so that the roadway or right-of-way will not be disturbed for utilities installations or service connections. All underground improvements so installed for the purpose of future service connections shall be properly capped and backfilled and their locations identified.

Y.

Irrigation wells. The City is committed to the protection of its resources and its permitted development. The City shall enforce permitting procedures to mitigate potential adverse impacts on land use caused by the construction of irrigation wells. Any proposed irrigation well shall require submission of a plan which demonstrates compliance with the regulatory criteria cited in Section 3-11.13.

(Ord. No. 95-819, § I, 2-20-95; Ord. No. 99-929, § I, 3-1-99; Ord. No. 02-1045, § 32, 5-13-02; Ord. No. 02-1046, § 4, 5-13-02; Ord. No. 04-1121, § 13, 3-22-04; Ord. No. 15-1418, § VII, 4-13-15)

A.

Construction methods. Construction methods shall be those prescribed in these regulations and those prescribed by: (1) the current Florida Department of Transportation standard specifications for road and bridge construction; (2) the American Water Works Association for water improvements construction; (3) the Water Environment Federation for wastewater facilities construction; the FDER; and SJRWMD.

B.

Measurements and tests. During construction, the applicant's engineer shall make such measurements, field tests and laboratory tests or cause them to be made to certify that the work and materials conform with the approved development plans and the provisions of this ordinance. The City Engineer or other representative designated by the City Commission may require, at his discretion, tests and measurements which he deems necessary and which shall be performed at the expense of the applicant or his engineer.

A.

Staff administrative review responsibility. The Department of Community Development, Planning Director, Administrative Official, and other designated staff or consulting professional acting under the direction of the City Commission shall administer the provisions of this ordinance.

B.

General responsibility of Planning and Zoning Commission and mandated compliance with Comprehensive Plan and land development regulations. Prior to the approval of any proposed subdivision, the area to be subdivided shall be determined by the Planning and Zoning Commission to be consistent and in compliance with the Comprehensive Plan and land development regulations applicable to the land and use under consideration.

C.

Burden of proof and other general responsibilities of applicant. The burden of proof of all applications, plans, plats, reports, tests, compliances, dedications, existence of agreements, liens, mortgages, surety, and other pertinent documents and instruments shall rest with and be the responsibility of the applicant or his duly authorized agent as prescribed in these regulations.

D.

Hold harmless provision. The applicant shall furnish to the City Commission a waiver, release and hold harmless from all liability and responsibility including provisions for indemnification for any and all damages or losses caused directly or indirectly by the breakdown, collapse or failure of any buildings, installations or structures constructed or installed in connection with the applicable development or project.

E.

Conformance of existing identification signs or enclosure walls. With the specific approval of the City Commission, subdivision identification signs or enclosure walls may be allowed within public rights-of-way and easements.

1.

All applicants or subdivision homeowners' associations within the City shall bring all subdivision identification signs or enclosure walls and improvements up to such reasonable standards as shall be established by the Administrative Official and communicated in writing to affected applicants or subdivision homeowners' associations.

2.

Performance to reasonable standards as required by Section 4-19.2(N) shall be completed, inspected, and approved by the City within one year from the City Engineer's initial notification. Failure to perform as required by Section 4-19.2(N) within the time specified shall authorize the City Engineer and Public Works Department to remove all improvements identified in the original notification by the City Engineer. Written notice of contemplated removal shall be presented to the applicant or subdivision homeowners' association ten days prior to the removal procedure.

3.

Future maintenance of existing subdivision identification signs, enclosure walls, and improvements, after brought to reasonable standards and approved by the Administrative Official, shall be subject to the maintenance performance bonding provisions of Item 38, Maintenance Guarantee, in Table 4-19.6, Required Supplementary Documents.

4.

The applicant or subdivision homeowners' associations shall have the right to appeal the reasonable standards and times for performance established by the City Engineer to the City Commission for specific relief therefrom. The requirements for relief must be presented to the Department of Community Development in writing for action by the Commission within 30 days from the receipt of the notification of standards or time for performance established by the City Engineer.

F.

Appeals. Any person, or any board, taxpayer, department, or bureau of the City, aggrieved by the granting of any variance or by the interpretation by City officials of this Article may seek review through court of record of the finding or interpretation, in the manner provided by the laws of the state.

G.

Enforcement. The City Commission or any aggrieved person may have recourse to any remedies in law and equity that may be necessary to ensure compliance with the provisions of this Article, including injunctive relief to enjoin and restrain any person violating the provisions of this Article and any rules and regulations adopted herein, and the court shall upon proof of the violation of the Article have the duty to forthwith issue those temporary and permanent injunctions that are necessary to prevent the violation of this Article.

A.

Submission of plat of record. Any applicant desiring to create a minor subdivision, as defined in Section 4-19.1 herein, shall submit to the Department of Community Development two copies of a plat of record for the proposed subdivision in conformance with the regulations herein, as prepared by a land surveyor, and any other requirements of F.S. ch. 177. Applications for minor subdivisions shall also include the submission of supplementary documents as outlined in Table 4-19.6, Required Supplementary Submission Documents, and any other information which may be unique to the proposed subdivision.

B.

Review procedures. The City Commission shall coordinate the review of the plat of record for a proposed minor subdivision within a time period to be determined by resolution of the City Commission. The City Engineer or other designated professional acting under the direction of the City Commission shall inform the applicant's engineer that the submittal does or does not meet the provisions of this ordinance.

1.

Copies of the plat of record shall be distributed to the Planning and Zoning Commission and the City Commission.

2.

Subsequent to recommendations made by the Administrative Official, City Engineer and others as directed by the Administrative Official and the Planning and Zoning Commission, the City Commission shall approve the development as a minor subdivision or require the applicant to proceed under the provisions hereof governing major subdivisions.

C.

Filing of the plat. Upon City Commission approval, the plat of record for the minor subdivision shall be filed by the applicant with the Department of Community Development within 190 days from the date of approval. Failure to file within 190 days shall void said subdivision approval.

A.

Optional preapplication procedures. Prior to making application for preliminary plat approval as specified in Section 4-19.6(B), the applicant for subdivision approval may meet with the City Engineer and/or other designated City staff (collectively hereinafter referred to as staff) to discuss, informally, preliminary studies and sketches and their relationship to these regulations. This procedure is not mandatory, however, the procedures provide an opportunity for the applicant to receive staff assistance and advice prior to expending funds for preparing a preliminary plat. Applicants wishing to make preapplication shall be subject to the procedures as provided herein.

1.

Application. The applicant shall submit a written preapplication to the Department of Community Development for review by staff. The preapplication shall contain a written statement, sketch plan, and associated fee. These are described in detail in Table 4-19.6, Required Supplementary Submission Documents.

2.

Staff review. Upon receipt of a satisfactory completed statement, plan and fee, the Department of Community Development shall distribute copies to the City Engineer and appropriate staff for review and comment. Preapplications shall be reviewed within 30 working days or sooner. Any opinion set forth by the staff shall be advisory only.

B.

Preliminary plat procedures. The purpose of the preliminary plan is to present the proposed subdivision in an exact and precise manner in order that it may be evaluated pursuant to this Code. The preliminary plan shall be completed and approved prior to construction of the improvements required by these regulations.

1.

Preparation of preliminary plat. The applicant shall retain the services of a civil engineer and/or land surveyor registered in Florida to prepare a preliminary plat of the proposed subdivision. The plat shall be clearly and legibly drawn or reproduced at a scale no smaller than one inch equals 200 feet and shall include information as outlined and detailed in Table 4-19.6, Required Supplementary Submission Documents.

2.

Filing fee. Upon filing the preliminary plat with the Department of Community Development, the applicant shall submit a fee which shall be determined by the resolution of the City Commission, payable to the City of Casselberry. The fee is not reimbursable but is to help defray the cost of administering and processing the preliminary plat. If more than one resubmittal of a corrected or revised preliminary plat is required by the City staff or reviewing entity an additional fee shall be charged for each resubmittal as shall be determined by resolution of the City Commission.

3.

Review procedures. The Planning and Zoning Commission shall coordinate the review of the preliminary plat and supplemental information as to their completeness and specific conformance with this ordinance and within a time period to be determined by resolution of the City Commission. The City staff shall inform the applicant's engineer whether the plans and/or plat as submitted meet the general provisions of this ordinance. The timing of review procedures, and requirements governing the number of documents to be submitted and related fees, shall be determined by resolution of the City Commission.

a.

When the staff finds that the preliminary plat and required data do not meet provisions of this ordinance, the applicant shall be so advised in writing as soon as practicable concerning what corrections or revisions are necessary to meet the provisions of this ordinance. Upon receipt of such findings, the applicant shall make the corrections or revisions and resubmit the preliminary plat and required data to the Department of Community Development for review of the amended plan. If the applicant chooses not to provide the corrections, revisions, or other information requested by staff, the Department shall at the request of the applicant forward the application to the Planning and Zoning Commission accompanied by the staff's comments, including documentation of unresolved issues.

b.

When the staff determines that the preliminary plat and required data meet the provisions of this ordinance, such written recommendations shall be submitted to the applicant and the subdivision application will be scheduled for the next step or steps in the review process.

Similarly, if the applicant fails to provide satisfactory response to issues identified by staff, the applicant shall be allowed to appear on the agenda of the Planning and Zoning Commission. In such case, written comments of staff shall be provided to the Commission and the applicant and the subdivision application shall be forwarded to the Commission.

c.

Subsequent to receiving a staff recommendation, the applicant shall be scheduled for the next available regular public meeting of the Planning and Zoning Commission. Prior to the Planning and Zoning Commission's review, the applicant shall submit copies of the preliminary plat and required data to the Department of Community Development. The number of copies to be submitted and the timing of the procedure shall be established by resolution of the City Commission. The Planning and Zoning Commission may consider the physical characteristics of the property, the availability of community services, traffic impact, economic impacts, appropriateness of the type and intensity of the proposed development, existing and future development, existing and future development patterns, land development regulations, relationship of the project to the City's capital improvements program, or other such factors as may relate to the Comprehensive Plan or elements thereof. The Planning and Zoning Commission shall make a recommendation on the development which shall be included in the public record of the subdivision hearing.

d.

Subsequent to receiving recommendation(s) from the Planning and Zoning Commission and other reviewing entities as may be determined by resolution of the City Commission, the applicant shall be scheduled for the next available regular public meeting of the City Commission. Prior to the City Commission's review the applicant shall submit to the Department of Community Development the appropriate number of copies of the subdivision master plan. The applicant may tender changes to the application to correct deficiencies identified by the Planning and Zoning Commission prior to forwarding the application to the City Commission. The Planning and Zoning Commission, however, shall review the changes prior to forwarding the same to the Commission. The number of copies to be submitted and the timing of the procedures for review by the City Commission shall be established by resolution of the City Commission. During its review, the City Commission shall consider the written recommendations of the City staff, the Planning and Zoning Commission, any other reviewing agencies, and presentations from the public. The City Commission may approve or disapprove the preliminary plat and required data. When an application is disapproved, the City Commission shall state the reasons for disapproval and indicate what further actions, if any, by the applicant may be undertaken to secure the City Commission's approval.

e.

When a proposed development is a development of regional impact (DRI) as defined by F.S. § 380.06, the additional public hearing requirements for a DRI shall be followed simultaneously. Copies of all plans, reports, maps and other documents required by the regional reviewing agency shall be submitted to the Department of Community Development if the proposed development is a DRI. The number of copies shall be determined by resolution of the City Commission.

f.

No construction shall be permitted until the City Commission has approved the preliminary plat and all other required permits and approvals have been obtained and submitted to the City Commission.

g.

The City Commission may by resolution shorten or extend the review time for development reviews generally, and direct such shortening or extension for any given application, if the City Commission determines that such action is necessary and proper to the orderly and efficient processing of land development applications.

C.

Subdivision final plat and planned unit development plan approval procedures. The following regulations apply to both the subdivision final plat and the planned unit development plan approval procedures. The content requirements for both final plats and planned unit development plans can be found in Table 4-19.6, Required Supplementary Submission Documents.

As the final step in the review procedure for obtaining approval of a subdivision in the City of Casselberry, the applicant shall have prepared and shall submit a final plat. No final plat shall be recorded until the required improvements have been installed or performance guarantee posted pursuant to performance guarantee criteria outlined in Item 40 of Table 4-19.6, Required Supplementary Documents. No such required improvements including streets, drainage and other required facilities shall be accepted and maintained by the City, unless and until the same have been duly inspected and approved by the City staff, and have also been approved and accepted for maintenance by the City Attorney and City Commission. Prior to acceptance and approval of the required improvements the final plat shall be approved by the City Engineer, City Attorney, and the City Commission and it shall be submitted by the City Attorney and duly recorded by the Clerk of the Circuit Court who shall record only those final plats which have been so approved in accordance with this ordinance.

1.

Fee for final plat. Upon filing application for final plat approval, the applicant shall pay to the City of Casselberry a processing fee, the amount of which shall be determined by resolution of the City Commission, in order to help defray the cost of processing the final plat.

2.

Timing of final plat submission. Failure to submit the final plat within a specified amount of time shall require reapplication under the preliminary plat section of this Article unless the City Commission grants specific extension of time. The timing of PUD final plat submittal requirements shall control in case of conflict with provisions herein set forth.

3.

Required compliance. The final plat shall conform to the approved subdivision master plan, shall meet the legal requirements of platting as defined by F.S. ch. 177, as amended, and shall consist of a fully executed correct plat map, meeting all state and City standards, final engineering drawings and auxiliary submittals, and all required legal instruments. Notwithstanding, the final plat shall constitute only that portion of the approved preliminary plat and subdivision master plan which the applicant proposes to record and develop within 21 months. When an application is disapproved, the City Commission shall state the reasons for disapproval and indicate what further actions, if any, by the applicant may be undertaken to secure the City Commission's approval.

4.

Content of final plat. The final plat submittal shall include one original to be drawn or printed to the appropriate size required by the recording entity on Mylar or other approved material, two copies of the final plat, one reduced 8½-by-14 inch copy, and all other required data. The final plat shall be prepared by a Florida registered engineer and is to be clearly and legibly drawn with black permanent drawing ink or varitype process to a scale of not smaller than one inch equals 100 feet, or as otherwise determined by the City. The final plat shall be prepared in accordance with the provisions of F.S. ch. 177, as amended, and shall conform to the requirements outlined in Table 4-19.6, Required Supplementary Submission Documents.

D.

Schedule of development phases. The applicant may schedule proposed development phases within any proposed subdivision. The scheduled development phases shall have been specified on the approved preliminary plat and shall be of such a size and design and be scheduled so that all portions completed at any time can exist independently as a subdivision in complete conformity with the requirements of this ordinance. Any change in the schedule of phases must receive prior approval by the Planning and Zoning Commission. If phased, the applicant shall have the option of requesting either final plat approval or the issuance of a certificate of completion on one or more of the development phases in conformity with all the procedures and requirements of this ordinance.

E.

Time restriction on development. The applicant may not apply for final plat approval on any portion of the approved preliminary plat which he does not propose to record and develop within the following 18 months. Failure to make application for final plat approval of a development phase or for the issuance of a certificate of completion for a development phase on an approved preliminary plat within a period of 18 months from the date of approval of the preliminary plat (or within 18 months of the final plat approval for a related phase of a multi-phase development) may result in revocation of said preliminary plat unless the applicant applies for an extension from the City Commission prior to the lapse. The request for extension must be made in writing to the City Commission a minimum of 90 days prior to the scheduled expiration of the preliminary plat. The applicant must demonstrate good cause for the extension. The City Commission shall consider the request at a meeting and may extend the prescribed time period up to 18 months if the applicant presents evidence which demonstrates that the applicant has progressed in good faith toward implementing the preliminary plat.

F.

Submission of final plat. Upon completion of the foregoing requirements, two prints of the final plat and one reproducible Mylar of the final plat shall be submitted to the Department of Community Development and be accompanied by the supplementary materials as outlined in Table 4-19.6, Required Supplementary Submission Documents.

1.

Review by staff. The City Engineer and City Attorney shall examine the final plat as to its compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Casselberry and shall in writing, within 30 days, or at such other time as shall be determined by resolution of the City Commission, report their findings, recommendations or approval to the applicant. Such action shall be specified in writing.

a.

If any deficiency exists, a reference shall be made to the specific article or section with which the final plat does not comply. Any such deficiency shall be corrected by the applicant upon written notice.

b.

If the final plat meets the provisions of this ordinance, and complies with the constitution and statutes of the State of Florida and the ordinances of the City of Casselberry, the City Engineer shall recommend approval to the City Commission.

c.

No revisions shall be allowed to the final plat after it has received City Commission approval.

2.

City Commission review procedure where required improvements constructed prior to recording. Upon submittal of the reproducible final plat, certification and approvals contained on the plat shall be current and the plat shall be checked as required by this Article prior to presentation to the City Commission for approval.

3.

City Commission review procedure where performance guarantee posted. In the event the applicant elects to record the final plat prior to completion of the required improvements under performance guarantees as provided for in Item 40 of Table 4-19.6, Required Supplementary Documents, the final plat shall be presented to the City Commission by the City Attorney accompanied by appropriate legal instruments. Action by the Commission shall be taken within 30 days after receipt of the final plat and supporting data to the City unless delay is requested by the applicant.

If the Commission certifies that the development has met all requirements of this Article, the plat shall be endorsed as finally approved by the Mayor and attested by the Department of Community Development in order that it may be recorded among the public records of the county.

G.

Final plat recording requirements. Completion of required improvements prior to final plat recording. In the event the applicant exercises the right to construct and complete required improvements prior to recording of the final plat, the City staff shall have the right of entry upon the property to be platted for the purpose of inspecting and reviewing the construction of the required improvements during the progress of such construction. The applicant shall coordinate the construction with the City staff. When the required improvements are complete, the final plat along with the records and data as herein prescribed shall be submitted by the applicant to the Department of Community Development and shall be reviewed by the Administration Official as provided for in this Article. When all requirements of this ordinance have been complied with, the plat and a completion certificate, rendered on a form to be provided by the Department of Community Development, shall be presented for review and approval to the City Commission by the City staff, not later than 30 days after receipt of the completion certificate. Upon such approval, the plat shall be submitted by the Department of Community Development to the office of the Clerk of the Circuit Court for recording.

TABLE 4-19.6. REQUIRED SUPPLEMENTARY DOCUMENTS

Footnotes:

1.

When numbering pages, each sheet shall show the particular number of that sheet and the total number of sheets included, as well as clearly labeled match lines to each sheet.

2.

The name of the subdivision or identifying title shall not duplicate or closely approximate the name of any other subdivision in the incorporated area of the City. If the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or similar designation reflecting the same.

3.

All maps shall include a north arrow, graphic scale, and date of original preparation and date of subsequent revisions. The scale must be approved by the City, but in no case shall such scale be smaller than one inch to 200 feet. All dimensions shall be expressed in feet and decimals of a foot.

4.

Any change in such classification shall be made known to reviewing bodies by presenting proof indicating that any required applications and fees for attaining such policy changes have been submitted. All applications shall comply with requirements outlined in the City Code, especially Articles IV—XVII.

5.

Subdivision preliminary plans showing temporary structures or permanent structures having a temporary use shall be reviewed by the City staff within 18 months from the last approval date. Following approval of a subdivision master plan, such approved temporary structures may be erected prior to plan recording. All City permit requirements, including but not limited to City land development regulations governing temporary structures, as amended, shall be satisfied. A mobile home may not be used as a temporary structure, except that mobile homes approved for use as temporary construction trailers may be considered for exemption from the application of said definition when fully bonded to assure removal.

6.

The survey data compiled and shown on the plat shall comply with all of the requirements of this ordinance and F.S. ch. 177, as amended. The certification shall also state that permanent reference monuments (P.R.M.) have been set in compliance with this ordinance and F.S. ch. 177, as amended, and the permanent control points (P.C.P.) will be set under the direction and supervision of the surveyor within one year from the date the plat was recorded. When required improvements have been completed prior to the recording of a plat, the certification shall state the P.C.P.'s have been set in compliance with the laws of the State of Florida and ordinances of the City of Casselberry. When plats are recorded and improvements are to be accomplished under surety posed as provided for by this ordinance, the required improvements and surety shall include installation of P.C.P.'s.

7.

The verification shall state that "the mortgagee(s) consents and agrees to the platting of the land embraced in this plat and to the dedication(s) shown hereon; and, further, should it become necessary to foreclose the mortgage covering the said property, that all pieces and parcels dedicated to the public will be excluded from said suit, and the dedication remain in full force and effect." In the case the mortgagee is a corporation, the consent and approval shall be signed in behalf of the corporation by the president or a vice-president and the secretary or an assistant secretary, respectively, by and with the authority of the board of directors.

8.

The title certification must be an opinion of an attorney at law licensed in Florida, or the certification of an abstractor, or a title insurance company licensed in Florida.

9.

If the proposed subdivision is of such size that its development will be undertaken in increments, those increments and their order shall be indicated. Where increments of high elevations are undertaken before those of lower elevation, ultimate stormwater disposal courses in the lower increments must be concurrently developed.

10.

The permanent reference markers should be set at such critical points and so interconnected and dimensioned that any registered land surveyor can lay out lots in the subdivision correctly by referring to the plat alone without any additional information.

11.

All lots shall be numbered or lettered in each block by progressive numbers individually throughout the subdivision in a clockwise direction starting at the northwest corner of each block of the subdivision. Blocks in each incremental plat shall be lettered consecutively throughout a subdivision in a clockwise direction starting at the northwesternmost corner of the subdivision. Block perimeter returns at block line intersections shall be stated in terms of tangent distances of five-foot intervals, with a minimum tangent distance of 20 feet. All monumentation shall comply with the guidelines established in Section 4-19.2(S). Lot and block design criteria shall comply with Sections 4-19.2(C) and (P). The dimension of all lots and parcels shall be shown to the nearest hundredth, except where riparian boundaries are involved which may be plus or minus. Whenever lands are subdivided along lakes or other waterways, lot dimensions shall be shown to the approximate ordinary high water at date of survey.

12.

Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces; odd-shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and such covenants shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted with the final plat.

13.

The purpose of all reserved areas shown on the plat shall be defined in the dedication on the plat. All areas reserved for use by the residents of the subdivision as well as all areas reserved for public use, including but not limited to parks, rights-of-way for roads, streets or alleys, utility or drainage easements or rights-of-way, together with all other area of lands to be used by the public or subdivision residents, shall be dedicated by the owner of the land at the time the plat is recorded. Easements, dedications, and ROW shall comply with guidelines in Sections 4-19.2K., V(7), and X(1).

14.

The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the suffix street, avenue, boulevard, drive, place, court, or similar suffix.

15.

All streets and their related facilities shall be dedicated to the public use, except as provided for in Subsection 4-19.2.V.18.

16.

The contour map shall show ground elevations at intervals of not more than one foot of the area to be subdivided and of a perimeter strip at least 50 feet and up to 150 feet in width around the area as required by the City.

17.

Topographical conditions on the subject subdivision including all the existing watercourses, drainage ditches and bodies of water, marshes and other significant, natural or manmade features.

18.

Applications shall comply with all performance criteria of Article XI including, but not limited to, lake shore protection; preservation of wetlands and transitional wetlands; aquifer recharge protection; wellfield protection; wildlife habitat preservation; protection of upland vegetative communities and endangered or threatened flora and fauna; floodplain protection; soil erosion, sedimentation control, and shoreline protection; and other performance criteria.

19.

No strip or parcel of land shall be reserved by the owner unless the same is sufficient in size and area to be of some particular use or service. The intended use for all reserved areas shall be shown on the plat in note form on the cover sheet.

20.

An adverse report by the Florida state board of health shall be deemed as sufficient grounds for disapproval of the proposed subdivision or portion thereof. Any subdivision being denied on such grounds shall not be reconsidered until the requirements of the Florida state board of health are met.

21.

The master surface water management plan for the subdivision shall comply with all applicable requirements of the surface water management performance criteria set forth in Article XII of this Code.

22.

The preliminary plat shall comply with concurrency management procedures identified in Article IX. The traffic impact analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development and the phasing of improvements.

23.

The traverse map shall mathematically close within 0.01 feet, shall be accurately tied to all township, range and section lines occurring with the subdivision by distance and bearing. In addition, the initial in the description shall be accurately tied to the nearest quarter section corner or section corner or government corner. The point of beginning shall be labeled with the letters "P.O.B." in bold letters.

24.

In special cases involving small subdivisions of three acres or less, the City Commission may in its discretion waive the requirement for estimates of cost prepared by a state registered engineer, provided alternate descriptive data and procedures ensuring satisfactory compliance with the purposes of this Chapter are submitted and accepted. As an alternative to submittal of an engineer's estimate of costs, bids for the work from two reputable contractors or a copy of an executed construction contract for the work will be acceptable.

25.

Storm drainage plans shall be prepared in accordance with the requirements set forth in Article XII. The final plat shall include an as-built of all improvements with certification as to their respective locations by the applicant's engineer and the developer.

26.

If the water distribution or sewerage collection system is to be an extension of existing systems, the submittal need not include complete plans and specifications for the total basic existing system but shall include certification with supporting data by the applicant's engineer demonstrating that adequate plant and other system capacity is available to serve existing connections plus those proposed in general accordance with the design standards listed in the City's regulations. Additionally, the plans will show the connection of proposed facilities to existing systems and all proposed facilities within the proposed subdivision.

27.

Performance guarantees can be presented in the following form:

Cash deposit: The applicant may deposit with the City, or place in an escrow bank account subject to the control of the City, cash in the full amount of 120 percent of engineering and construction costs for the installation and completion of the required improvements. The applicant shall be entitled to receive all interest earned on such deposit or account. In the event of default by the applicant to complete such improvements within the time required by this ordinance, the City, after 60 calendar days' written notice to the applicant, shall have the right to use such cash deposit or account to secure satisfactory completion of the required improvements; or

Personal bond with irrevocable letter of credit: The applicant may furnish to the City a personal bond secured by the unconditional and irrevocable letter of credit, in an amount equal to 120 percent of the total estimated cost of engineering and construction for the installation and completion of the required improvements. The expiration date of the letter of credit shall be at least three months following the date of certification of all improvements. The letter of credit shall be issued to the City by a State of Florida or United States banking institution. Such letter of credit shall be in the form set forth by the City Attorney and approved by the City Commission. In the event of default by the applicant or failure by the applicant to complete such improvements within the time required by this ordinance, the City, after 60 days' written notice to the applicant, shall have the right to use any funds resulting from drafts on the letter of credit to secure satisfactory completion of the required improvements; or

Surety completion bond: A surety completion bond, including a payment of vendors clause, executed by a company having a Best's rating of AAA and authorized to do business in the state and acceptable to the City, shall be furnished and payable to the City for two years in the sum of 120 percent of the total cost of the engineer's estimates for streets, street and traffic control devices, markings, sidewalks, drainage facilities, street signs, water and sewer facilities, and other improvements as shown on the final development plan; the bond to run from the date the building in the development or the last building in an approved phasing of the development is certified for occupancy by the Community Development Director.

28.

The applicant may delegate the responsibility of sidewalk construction to the builder via deed restriction, or by written contract acceptable to and approved by the City. After the period of one year (two years, PUD) the surety completion bond for sidewalk construction may be renewed for an additional year to cover those sidewalks within the development that have not been lawfully delegated to builders. The applicant will be responsible for the construction of any sidewalks not installed by the second anniversary of the performance bond. Accordingly, after the period of two years (three years, PUD) the surety completion bond will be released to the maker only upon completion of all sidewalks as shown on the final development plan. No final inspection will be made for surety bonds released until required sidewalks are in place.

29.

Applicants shall comply with the guidelines and requirements of Sections 4-19.2(N) and 4-19.4(E)(1)—(4). The term shall be five years from the acceptance date of the public improvements within the subdivision by the City. The amount shall be equal to the cost of all subdivision identification signs and improvements within public rights-of-way and easements and all expenses germane to the reasonable upkeep and maintenance of the improvements for the entire term, as approved by the City Engineer, or the cost of removal of all the structures when required.

In the event of default in reasonable maintenance as determined by the City Engineer, the Department of Community Development or designee shall do either of the following: (1) demand performance with ten days by certified mail; or (2) call the maintenance bond required under this Section and expend all sums as required without restriction or limitation to cure defaults or remove structures when required.

(Ord. No. 95-819, § II, 2-20-95; Ord. No. 04-1121, § 14, 3-22-04)

After submittal of the final plat and supplementary material, an applicant may construct the required improvements subject to obtaining all required permits. The City Engineer or other representative designated by the City Commission shall be notified in advance of the date of commencement of such construction.

A.

Surveillance. Construction shall be subject to review by the City Engineer or other representative designated by the City Commission at any time. However, this in no way shall relieve the applicant and his engineer of the responsibility for close field coordination and final compliance with the approved plans, specifications and the requirements of this ordinance.

B.

Construction administration by Florida registered engineer. The applicant shall employ a Florida registered engineer for complete administration of the construction of the required improvements. The applicant shall require progress reports and final certification of the construction of the required improvements from such engineer be filed with the Department of Community Development.

C.

Right to enter. The City Engineer or his duly authorized representative shall have the right to enter upon the property for the purpose of inspecting the quality of materials and workmanship and reviewing the construction of required improvements during the progress of such construction.

D.

Progress reports. The applicant's engineer shall submit construction progress reports within ten working days following request for the same by the City. The applicant's engineer shall coordinate joint reviews of the construction with the City Engineer or other representative designated by the City Commission.

E.

Stop work orders. The Chief Administrative Official or other duly appointed City official shall have the authority to stop the work upon failure of the applicant or his engineer to coordinate the construction of the required improvements as prescribed by this ordinance.

F.

Final inspections. Upon completion of the required improvements the applicant's engineer shall give the City Engineer or other duly authorized City staff not less than three working days' notice to make the final inspection of the required improvements, landscaping, and sign installations. The City Engineer shall also have the authority to withhold or deny approval of certificates of occupancy relative to buildings and/or structures of a subdivision until the construction and installation of required improvements of that subdivision have been satisfactorily completed in accordance with the land development regulations as prescribed by this ordinance.

The required improvements shall not be considered complete until a completion certificate along with the final project records, including "as-built" drawings, have been furnished to, reviewed and approved by the City Engineer or other representative designated by the City Commission. The certificate shall be certified by the applicant's engineer stating that the required improvements were installed under his responsible direction and that the improvements conform with the approved construction plans and this ordinance. The applicant's engineer shall also furnish a copy of each of the construction plans on a high-quality, durable reproducible material acceptable to the City Engineer or other representative designated by the City Commission, showing the original design in comparison to the actual finished work and a copy of the measurements, tests and reports made on the work and material during the progress of the construction.

As a condition for the final release of the applicant from his bond, or for the release of any cash securities deposited with the Department of Community Development, the following must be furnished:

1.

A statement from the applicant's engineer that all work has been completed in strict accordance with the approved development plan and appropriate specifications;

2.

Evidence by reference to plat book and page that the approved final plat has been filed;

3.

A statement from the City Engineer that he has found the work to be, to the best of his knowledge, in accordance with the general provisions of the development plan;

4.

The submission by the applicant's engineer to the City Engineer of a complete set of "as-built" drawings together with operating manuals and parts' lists for any mechanical installations made;

5.

A statement by the applicant's surveyor that he has completed all the survey work required and that all indicated P.R.M.'s have been installed; and

6.

A release from the contractor, engineer, surveyor or any other person or persons performing any service or furnishing any material for the subdivision that they will not file a lien on the subdivision for nonpayment of service or material charges.

All required improvements for a project or each phase thereof shall be completed within 18 months from the date of preliminary plat approval. Time extensions for demonstrated good cause may be granted by the City Commission upon the recommendation of the City Engineer. The applicant shall present a written request for extension to the office of the Department of Community Development. Each time extension shall not exceed one year.

A.

Workmanship and material agreement. The applicant shall execute an agreement guaranteeing the required improvements against defect in workmanship and materials for one year after acceptance of such improvements by the City Commission. Said agreement shall be submitted to the Department of Community Development along with the completion certificate and project records.

B.

Procedure for accepting dedications. The dedication of public space, parks, streets, rights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the City. The applicant shall apply to the City for acceptance of required improvements by the City Commission. No dedication shall be accepted by the City until the City Engineer has approved the environmental audit required pursuant to Section 4-19.2(J)(2). The acceptance of the dedication shall be subject to the inspection and approval of the City Engineer or other representative designated by the City Commission. Such acceptance shall occur only upon adoption of resolution by the City Commission which shall accept the subject dedications at such time as all improvements meet or exceed the standards set forth by this ordinance. The applicant's engineer shall furnish to the Department of Community Development in writing a sealed and signed certificate stating that the required improvements have been completed in accordance with the approved plan and comply with this ordinance and all other applicable codes.

The City Engineer shall receive notice in adequate time to arrange for inspection prior to the beginning of construction and at appropriate staged intervals thereafter. The City Engineer may require laboratory or field tests as well as staged inspections at the expense of the applicant when appropriate. Any failure of work or materials to conform with the plans and specifications or failure to notify the City in time for indicated inspections shall be cause for the City Commission to reject the facilities.

C.

Recommendation of City Engineer. The City Engineer upon satisfactory completion, receipt of the applicant's engineer's completion certificate, affidavits from all contractors and others who furnished goods and services for the required improvements acknowledging payment in full therefor, and receipt of the agreement shall certify that the applicant has complied with all of the provisions of this ordinance and shall recommendto the City Commission the acceptance of the dedications and, when applicable, the maintenance of the required improvements.

D.

Acceptance by the City Commission. Upon recommendations by the City Engineer, the City Commission, by resolution, shall approve the subdivision, the dedications on the plat and the maintenance of responsibilities of the required improvements.

E.

Applicant's failure to complete required improvements.

1.

Premature recording of plats (or where applicant fails to complete required improvements). When a plat has been recorded and the applicant fails to complete the required improvements as required by this ordinance, the City Commission shall complete the required improvements under the guarantees provided by the applicant. In such case, the City Commission shall direct the City Engineer and/or the City Attorney to call upon the guarantees to secure satisfactory completion of the required improvements. Legal notice of such action shall be deemed to have been duly served upon posting via certified mail return receipt requested. Upon the completion of construction of the required improvements, the City Engineer shall report to the City Commission and the City Commission shall accept by resolution the dedications and maintenance responsibility as indicated on the plat. In such cases, the remaining guarantees posted by the applicant shall be retained for a period of one year after completion in lieu of the agreement. Any defects occurring during this period shall be repaired using funds remaining in the guarantee.

2.

In cases where plat has not been recorded. Where an applicant has elected to install the required improvements prior to recording of the plat and fails to complete such improvements within the time limitations of this ordinance, all approvals of the subdivision shall be null and void and the land shall revert to its original state. No reference shall be made to the plat with respect to the sale of lots or issuance of building permits, unless and until the plat has been resubmitted with all of the supplementary material and approvals as herein prescribed have been granted.

The planned unit development (PUD) process provides a more flexible management structure for the efficient, orderly, and sustainable integration of uses, consistent with and complementary to their context within the community and the City's Comprehensive Plan. Each PUD agreement constitutes the creation of a unique zoning district that is the result of a negotiated process in which, and during which, sound and generally accepted land use planning practices and principles are applied and imposed. PUD zoning districts require the review, approval, and execution of a planned unit development (PUD) agreement between the applicant and the City Commission. Although the planned unit development districts provide opportunities for unique concepts, a planned unit development shall comply with the community character as promoted by the City Commission and shall be designed to limit impacts of the development through compliance with the regulations established in the Comprehensive Plan and as stipulated in the land development regulations.

(Ord. No. 20-1536, § III, 8-24-20)

The following regulations shall be applied to all planned unit development:

A.

Unified control. All properties proposed as a planned unit development shall be under unified ownership or control as evidenced by ownership documentation.

B.

Zoning. Planned unit developments shall have a planned residential district (PRD) or a planned mixed-use (PMX) district zoning designation.

C.

Minimum size. All PRD zoned properties shall be a minimum one (1) acre. PMX zoned properties do not have a minimum acreage requirement.

D.

Conformance with Comprehensive Plan and land development regulations. Each planned unit development submitted shall conform to all provisions of the Comprehensive Plan and all applicable provisions of the land development regulations. Pursuant to the City's Comprehensive Plan, the maximum residential density shall be based on the Future Land Use Map designation.

E.

Compliance with subdivision regulations. All planned unit development applications shall establish development rights through a zoning amendment. If applicable, the development shall ultimately be compliant with Article XIX, Subdivision, as well as Chapter 177, Florida Statutes.

F.

Size and dimension regulations. Size and dimension regulations shall be flexible in order to permit innovative land use, design, and resource conservation techniques. Within all planned unit developments, the location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all other planned site improvements shall be negotiated during review of the concept plan and PUD agreement pursuant to Section 4-20.3(E). The development shall be designed in a manner that is compatible with, and minimizes impacts on, abutting land uses. To achieve this, performance measures such as control of structure type, lot size, bufferyards, landscaping, and other site design techniques will be reviewed for each planned unit development. As applicable, the development shall be consistent with performance criteria cited in Chapter III, the site plan review requirements in Article XVIII, and subdivision regulations provided in Article XIX.

G.

Land uses. The respective uses within the proposed development shall be allowed only after a finding that the use complies with Section 2-5.3, Land Use by Districts (including Table 2-5.3), and all other applicable provisions of the land development regulations. All land uses, other than those expressly written as a permitted use or conditional use in the PUD agreement, will be prohibited.

H.

Urban design. The following urban design elements shall be negotiated for feasibility as part of the proposed development:

1.

Be planned to present an overall design theme that reinforces principles of human scale, such as incorporating connectivity with adjacent developments and providing safe, convenient, and attractive pedestrian movement systems within the development that link people with all activity centers, parking areas, and open space amenities;

2.

Incorporate enhanced urban design elements generally exceeding minimum standards of urban design as applied to conventional development. Such urban design elements may include, but shall not be limited to, open plazas and walkway systems; porous paving materials that are both functional and aesthetically pleasing; and street furniture having a harmonious and unified overall design, including street benches, sidewalk plantings, signage, waste disposal receptacles, and other featured elements which promote the project's design theme and overall aesthetics;

3.

Provide for multi-modal transportation infrastructure, as appropriate, based on the scale and density/intensity of the proposed development. For example, larger-scale projects shall provide for strategically located sheltered transit stops as appropriate. Where transit service or other large vehicles are provided access to the interior of a site, adequate radii shall be provided. The specific design of such internal surface and structural transportation improvements shall be consistent with professionally accepted principles and practices and shall be consistent with and responsive to the needs of the vehicle types to be accommodated on the subject site; and

4.

Provide open space and recreational options, including nature trails, greenways, public and private parks, and other recreational facilities. Such open space, where feasible, shall provide connections or create opportunities for connections to neighborhood and community systems of open space and/or bikeways. Provision of general visual access and physical access to lakes shall also be encouraged.

I.

Planned unit development requirements continuing. The requirements of Article XX shall run with the land and shall be enforceable regardless of transition in ownership.

(Ord. No. 20-1536, § III, 8-24-20)

A.

General procedures. All planned unit developments shall be reviewed and processed as a zoning map amendment in accordance with Section 66-58 and Section 1-2.9, as amended from time to time. Additionally, all applications will require a concept plan and PUD agreement. The following development proposals require review pursuant to these procedures:

1.

Proposed planned unit developments that require a new PUD zoning designation.

2.

Proposed development on properties that already have a PUD zoning designation but do not have an approved concept plan and PUD agreement.

3.

Proposals to modify an existing PUD development with an approved concept plan and an executed PUD agreement.

B.

Initial filing. Prior to submitting a formal application for a planned unit development, the applicant shall request a pre-application meeting with the Community Development Department staff and the Administrative Official.

1.

Application requirements. The applicant shall provide the following information on the PUD application:

a.

The uses desired to be permitted on the land.

b.

The current and proposed zoning and future land use designations, and identification of any future land use map amendments or zoning district modifications that will be required if the proposed development proposal were to be approved.

c.

Total acreage of the subject property.

d.

The proposed density of the development, total building square feet dedicated for nonresidential uses or number of residential dwelling units, and building heights.

e.

Whether the proposed project requires a traffic impact analysis.

f.

Whether the property requires annexation.

g.

The desired duration of the PUD agreement.

h.

Any overlay districts that apply to the property.

i.

A list of all federal, state, regional, county, or City permit requirements.

j.

Any additional information regarding the project and/or site design.

2.

Supporting documentation required with application.

a.

A legal description of the land comprising the PUD and identification of any lands or outparcels to be exempt from the PUD agreement.

b.

Proof of ownership. Legal instruments acceptable to the City Attorney which clearly indicate persons having a legal and equitable ownership interest in the subject property. Where ownership resides with a publicly held corporation whose stock is traded on a nationally recognized stock exchange, the name and address of the corporation and all of its principal executive officers will be sufficient. The documentation shall also include an affirmation that no other persons have claims or interests (known to the applicant, developer, or owners) which might affect their right to develop the entire planned unit development as proposed. In the event that any partnerships, joint ventures or other entities, other than individuals, own a legal or equitable interest in the subject property, all principals and other persons with interest in such partnerships or joint ventures shall be revealed. In the event that any corporation owns a legal or equitable interest in the subject property, the officers and directors and any shareholder owning more than ten percent of the interest in the corporation shall be revealed.

c.

Mailing labels for all property owners within 500 ft. of the subject property.

d.

Concept plan. The required components of the concept plan are provided in Section 4-20.3(C).

e.

Survey of the property. A registered Florida surveyor's certified property boundary survey depicting all pertinent title encumbrances and existing conditions of the property and prepared no more than 12 months prior to the application submittal.

f.

Development schedule. A proposed development schedule indicating the approximate starting and completion dates for the entire project and any phases thereof, together with appropriate identification and conceptual description of such phases.

g.

Concurrency management. A preliminary assessment of the proposed development's impact on available concurrency facilities capacity shall be submitted. Article IX addresses concurrency management. The preliminary assessment is intended to identify whether any major potential problems exist which constitute grounds for project denial or reassessment. The assessment should review the project's proposed demands on public facilities and services, existing or programmed, including transportation, water and wastewater services, solid waste disposal, drainage, recreation, education, emergency services, and similar necessary facilities and services.

h.

Documentation from Seminole County Public Schools will be required if the applicant is proposing residential development.

i.

Environmental impact statement. A statement explaining the positive and negative environmental impacts of the proposed development on: (a) environmentally fragile lands including water bodies, wetlands, 100-year floodplain and floodways, wellfields, prime aquifer recharge areas, areas of known endangered or threatened species of flora or fauna, or any other known significant environmental features of the site; (b) natural vegetation, including general tree removal estimates; (c) impact of proposed grading plan and drainage system improvements; and (d) other significant natural features of site.

j.

Fee as established by resolution of the City Commission.

C.

Concept plan. For all projects requiring the approval of a new or the modification of an existing PUD agreement, the following information shall be displayed graphically on a concept plan:

1.

The total project acreage, approximate location of each land use and proposed intensity, acreage of each proposed land use, dwelling unit types, general types of nonresidential uses, open spaces, recreational facilities, and other proposed uses. The quantitative land use data and total acreage shall be illustrated in a table. The percentage land area allocated to all land use categories shall equal 100 percent.

a.

Location and densities of proposed residential activities. General location and proposed densities for each dwelling unit type and approximate number of dwelling units by type.

b.

Location and square footage of proposed nonresidential activities. Approximate location and square footage of each nonresidential land use by general type; e.g., offices, general commercial, service commercial, industrial, public service, or other land use together with a description of general characteristics of proposed building and/or facility improvements.

2.

Traffic and pedestrian circulation. All traffic and pedestrian circulation facilities shall be delineated on the concept plan showing approximate locations and types of all points of access and egress, use of cross-easements, impacted streets, parking areas, transit stops, transit shelters, pedestrian facilities, parking and general landscaped areas.

3.

Drainage, grading, and environmental impact plan showing drainage, preliminary grading, including the elevation requirements of the National Flood Insurance Program, and the location of all environmentally sensitive lands or water bodies.

4.

All existing and proposed utilities and the manner in which existing utilities will be extended to the site and/or expanded for the use of the development. "All utilities" shall include water, sanitary sewers, natural gas, electric power, telephone, cable or community antenna television systems and effluent/refuse disposal systems.

5.

Landscape plan. The landscape plan must show the generalized location of existing and proposed vegetation and trees. As applicable, the plan must also show the location, type, size, and height of fencing, earth berms, retaining walls or screen planting necessary to buffer abutting properties.

D.

Planned unit development agreement. Every planned unit development will have an associated PUD agreement that is included as an exhibit to the zoning amendment ordinance. Any PUD agreement approved under the provisions of this Article shall contain not less than the following requirements:

1.

A legal description of the land subject to the PUD agreement and the identification of all persons having legal or equitable ownership therein.

2.

The duration of the PUD agreement, which may be extended by mutual consent of the City and the developer. Any request for an extension shall be subject to the public hearing process necessary for the initial approval of said PUD agreement. At the City Commission's discretion, the PUD agreement may provide that the entire development, or any phase thereof, be commenced or completed within a specific period of time; but in any event, construction must be commenced within 5 years.

3.

The development uses permitted on the land, including population densities, building intensities and building heights.

4.

A description of the public facilities that will service the development, including designation of the entity that will be providing such facilities. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed shall be provided. A schedule to ensure that public facilities shall be available concurrent with the impacts of the development shall also be provided. The schedule relating the provision of public facilities or services may be tied to events or thresholds in the development instead of certain dates.

5.

A description of any reservation or dedication of land for public purposes.

6.

In the event that land is to be conveyed to the City in discharge of the obligation of any impact fee or other similar obligation, the PUD agreement shall provide that such conveyance will be by warranty deed and will be accompanied by an environmental audit and a title insurance policy which shall be in an amount not less than the assessed value of the land. The applicant shall bear the cost of these requirements.

7.

A specific finding that the development permitted or proposed is consistent with the City's Comprehensive Plan and with the land development regulations.

8.

A description of all development permits approved or needed to be approved for the development of the land, which description shall specifically include, but not be limited to, the following:

a.

Any required Comprehensive Plan amendments or rezonings.

b.

Any required site plan review or subdivision of the property.

c.

Any required submissions to or approvals from any other departments or agencies with competent jurisdiction over any aspect of the proposed development.

In the event that development requirements are not satisfied, action in reliance on the PUD agreement or expenditures made pursuant to its terms does not vest any development rights to the applicant/property owner. Partial performance of the obligations specified in the PUD agreement does not entitle the applicant or property owner to vested rights.

9.

All documents required to comply with criteria cited in the land development regulations applicable to the subject project.

10.

The City Commission may provide for any conditions, terms, restrictions or other requirements determined to be reasonably necessary for the public health, safety or welfare of City residents and property owners, or relating to state law or federal law.

11.

A statement indicating that failure of the PUD agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.

E.

Review procedures. The City Attorney will work in conjunction with staff to determine if a development proposal should use the statutory development agreement process in Article III. For all other development proposals, the PUD application and PUD agreement will be reviewed together and processed according to the following procedures:

1.

Application submittal. The applicant must submit a completed PUD application with a concept plan and the associated fees.

2.

Review by Development Review Committee. The DRC shall review the concept plan and meet with the applicant to negotiate the terms of the PUD agreement. Once consensus has been reached between the DRC and the applicant on the terms of the PUD agreement, DRC can recommend approval of the development proposal to the Planning and Zoning Commission.

3.

Preparation of planned unit development agreement. Upon approval from the DRC, the Administrative Official and the City Attorney will formalize the agreed upon terms into contractual format using the PUD agreement template provided by the City.

4.

Review by Planning and Zoning Commission. The Community Development Department will present a report including the PUD zoning amendment, concept plan, and drafted PUD agreement at a public hearing with the Planning and Zoning Commission. The meeting must be advertised in accordance with the notification procedures outlined in Section 66-58(3), as amended from time to time. After review of the development proposal and the PUD agreement, the Planning and Zoning Commission may recommend approval, approval with modifications or conditions, or shall recommend denial of the PUD zoning amendment, concept plan, and the corresponding PUD agreement to the City Commission.

5.

Review by City Commission. After a recommendation from the Planning and Zoning Commission has been confirmed, the City Commission will review the PUD zoning amendment, concept plan, and PUD agreement at two separate meetings. The public hearing and notification process for the City Commission meetings will follow the procedures outlined in Section 66-58(4) and F.S. 166.041. If the PUD zoning amendment, concept plan, and PUD agreement are denied on first reading, the City Commission will not review the development proposal at a second meeting. If approved, or approved with modifications or conditions, at the first meeting, the proposal will proceed to a second City Commission meeting. The applicant must submit an executed PUD agreement to the City Clerk no less than ten (10) days prior to the second City Commission meeting.

6.

Recording of document. Within 14 days after the execution of the PUD agreement by the City Commission, the City Clerk shall record said agreement with the Clerk of the Circuit Court in Seminole County at the expense of the applicant.

7.

Actions subsequent to approval from City Commission. Following approval of the PUD zoning amendment, including the PUD agreement and concept plan, the applicant shall submit for site plan and plat review as applicable. These applications must be submitted within the time identified within the executed PUD agreement.

(Ord. No. 20-1536, § III, 8-24-20)

Proposed amendments to an approved PUD agreement shall be reviewed and approved in the same manner as the approved PUD agreement. Proposed amendments to an approved concept plan shall be considered an amendment to the approved PUD agreement.

(Ord. No. 20-1536, § III, 8-24-20)