Crystal River City Zoning Code
SECTION 9
Process
a.
Subdivision and Plats. It is hereby declared to be the policy of the city to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the city pursuant to the adopted Comprehensive Plan for the orderly, planned, efficient, and economical development of the municipality. Land shall not be subdivided until proper provision has been made for, but not limited to, paved streets, drainage, water, sewage, and capital improvements such as schools, parks, fire, police, administrative facilities and recreation facilities.
The existing and proposed public improvements shall conform to, and be properly related to the proposals showing in the Comprehensive Plan, official zoning map, and the capital budget of the city. It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the building code, zoning ordinance, Comprehensive Plan, and capital improvements budget of the city.
b.
Authority. The city council does hereby exercise the power to review, approve, and disapprove plats for subdivision of land within the corporate limits of the city. The city council does hereby exercise the power and authority to approve or deny subdivisions of land already recorded in the office of the county clerk, if such plats are entirely or partially developed, except as such authority may have been delegated in this Code.
(1)
The plat shall be considered to be entirely or partially developed if:
(a)
Said plat has been recorded with the office of the county clerk, without prior approval by the city council; or
(b)
Said plat has been approved by the city council, yet the council finds that the public interest will be best served by vacating all or part of said plat pursuant to the authority of F.S. § 177.101, when the conditions set forth in the statute exist.
(c)
The provisions of this article shall be administered and enforced by the designated representative of the city. For purposes of administration of the provisions of this article, the director of the Growth Management Department, or designee, shall be the city's designated representative.
c.
Innovative Design. The provisions of this article are not intended to prevent the use of alternate materials and methods of construction not specifically covered in these regulations, provided that the alternate has been approved by the city. The city must find that the alternate is at least equal to what is prescribed by this Code in terms of quality, strength, effectiveness, fire resistance, durability, and safety. The city may require sufficient evidence be submitted to substantiate any claim made regarding the alternate. If these criteria are not met, the city shall deny the request.
The provisions of this article are not intended to prevent the use of innovative designs not specifically covered in these regulations, provided that the design has been approved by the city. The city may approve any innovative design which is at least equal to what is prescribed by this subpart with regard to quality, efficiency, durability, and safety. The design shall also address wetlands, affordable housing, public improvements, and other applicable concerns of the city. The city may require sufficient evidence be submitted to substantiate any claim made regarding the alternate. If these criteria are not met, the city shall deny the request.
d.
Minor Lot Splits. Minor lot splits, a division of a single, legally created lot of record into two separate lots, are permitted provided that the following conditions are met:
(1)
Only two new lots may be created from the original legally created lot of record. The original parcel shall be known as the parent parcel and those lots created out of it shall not be entitled to another minor lot split.
(2)
A minor lot split shall not be approved within a platted subdivision when it would exceed the allowable density in the Comprehensive Plan or conflict with this Code.
(3)
Please refer to Table 9.4 for required documents and information.
(4)
All other requirements of this Code and the Comprehensive Plan shall apply.
(5)
Flag lots are prohibited.
(6)
New lots shall have frontage on an existing publicly maintained street.
e.
Lot Line Deviations and Adjustments. Lot line deviations and adjustment of the boundary between abutting and legally created lots of record are permitted provided that the following conditions are met:
(1)
Both lots shall be legally created lots according to the city's land development regulations, and have frontage on an existing publicly maintained street.
(2)
A lot line deviation shall not be approved within a platted subdivision where the adjusted lot(s) would exceed the allowable density in the Comprehensive Plan or conflict with this Code.
(3)
All other requirements of the land development regulations and the Comprehensive Plan shall apply.
(4)
Flag lots are prohibited.
(5)
Please refer to Table 9.4 for required documents and information.
f.
Vacation of Plats. An applicant may apply for the vacation of any plat or any part of any plat at any time before the sale of any lot therein, by a written application to the city, to which a copy of such plat shall be attached, requesting the same to be vacated.
g.
Platting Required
(1)
No person shall sell or transfer any land subject to this article by reference to a plat before a final plat has been approved and recorded. Nothing herein shall be construed as affecting the validity of transfers of title to interests in lands, whether by private act or operation of law.
(2)
This article is not intended to abrogate any legally enforceable easement, covenant, or any other private agreement of restriction; provided that, where the provisions of this article are more restrictive and impose higher standards than the easement, covenant, or other private agreement or restriction, the requirements of this article shall govern.
h.
Phased Developments
(1)
Any subdivision involving phasing or staged development shall be identified in written and graphic form in the application for Preliminary Subdivision review and shall designate, for information purposes only, all construction phases and the proposed development schedule. All construction phases in a development shall be constructed to be capable of operating independently or in conjunction with other constructed phases with respect to drainage, vehicular circulation, utilities, and other public improvements and services.
(2)
Modifications to approved phase boundaries may be administratively approved by the city following submission of a new written and graphic description of such modifications, provided that such phasing does not conflict with any previously approved construction drawings or with the requirements of this article.
i.
Subdivision Plat Review Process. It shall be unlawful for any person to submit a plat for the subdivision of land located in the city to the county clerk or the clerk's representative for the purpose of recording such plat in the office of the clerk until said plat has been approved by the city council under the provisions of this article and signed by the city mayor. In the event an unapproved plat is recorded, it shall be deemed invalid and shall be stricken from the public records upon adoption of an appropriate resolution by the city council. No changes, erasures, modifications, or revisions shall be made to any plat after approval by the city council. There are four stages of review for subdivision plat approval as follows:
(1)
Pre-application Meeting
(2)
Preliminary Subdivision Review
(3)
Construction Plan Approval
(4)
Final Plat Approval
j.
Pre-application Meeting
(1)
The pre-application meeting with the Growth Management Department will give the applicant the opportunity to present the proposal before incurring the costs in time and expense associated with a formal application and will acquaint the applicant with subdivision procedures and requirements and any concerns of the city regarding the property in question.
(2)
All applicants for subdivision approval shall attend a pre-application meeting. The city will not accept an application for Preliminary Subdivision review until this requirement is met. The applicant may schedule a pre-application meeting by contacting the Growth Management Department. A pre-application meeting will be scheduled within seven business days of the applicant's request. The meeting will include representatives from the following city departments: Community Development, Public Works, and Public Safety.
k.
Preliminary Subdivision Review
(1)
A Preliminary Subdivision shall not be submitted to the city until the applicant has had a pre-application meeting.
(2)
Following the pre-application meeting, the applicant may formally submit. Refer to Table 9.1 for the Preliminary Subdivision submittal requirements.
(3)
The development coordinator will determine sufficiency of the Preliminary Subdivision application and provide their determination in writing. Once all required items have been submitted, the application will be distributed to the appropriate staff reviewers.
(4)
This process is repeated for subsequent submittals. Pursuant to §166.033(2), Florida Statutes, when an application for a development permit or development order is certified by a professional listed in § 403.0877, Florida Statutes, before a third request for additional information is issued the city will offer a meeting to attempt to resolve outstanding issues. The city will not request additional information from the applicant more than three times, unless the applicant waives this limitation in writing. If not waived, the city will proceed to process the application for approval or denial.
(5)
Once the applicant receives comments from the city and outside agencies, the developer has 90 days to submit a response. If the applicant does not respond within 90 days, the Growth Management Director may require payment of a new application fee.
(6)
The Preliminary Subdivision submitted to the city shall be drawn by a professional surveyor or engineer registered in the state. The Preliminary Subdivision shall be drawn at an appropriate and uniform scale not smaller than one inch equals 100 feet.
(7)
Where a New Neighborhood is created, all Preliminary Subdivisions shall demonstrate consistency with the requirements of Table 4.6 of this Code.
(8)
The applicant shall be granted twenty four months from the date of Preliminary Subdivision approval in which to submit Construction Plan for the Construction Plan review. After this time elapses, the Preliminary Subdivision approval will expire; the Preliminary Subdivision may be resubmitted but shall be subject to any changes in regulations. An extension of an additional six months in which to submit Construction Plan may be granted by the Growth Management Director designee.
l.
Construction Plan Review
(1)
Following approval of the Preliminary Subdivision or for non-residential and multi-family sites not proposing to subdivide, the applicant shall submit Construction Plan to the Growth Management Department for all proposed improvements in and adjoining the subdivision or site. Said Construction Plan shall be drawn, signed, and sealed by a professional engineer registered in the State of Florida. City staff will review the Construction Plan for compliance with all applicable construction and design standards and specifications and ensure that the Construction Plan conform to the approved Preliminary Subdivision or applicable code requirements.
(2)
Construction Plan shall be submitted within twenty four months of Preliminary Subdivision approval.
(3)
Refer to Table 9.2 for the Construction Plan submittal package requirements.
(4)
All new development within the city shall be required to connect to the city's municipal sanitary sewer and potable water systems.
(5)
The development coordinator will determine the sufficiency of the Construction Plan application and provide written notice of any missing items. Once the Construction Plan application package is determined sufficient, the development coordinator will distribute the package to city staff.
(6)
City reviewing staff shall provide comments back to the applicant. Please note: outside agencies (Citrus County, FDOT, etc.) may not abide by the city's review process. The city will make every reasonable effort to follow up with outside agencies for comments; however, those may be received and provided to the applicant at a later time.
(7)
This process is repeated for subsequent submittals. Pursuant to §166.033(2), Florida Statutes, when an application for a development permit or development order is certified by a professional listed in §403.0877, Florida Statutes, before a third request for additional information is issued the city will offer a meeting to attempt to resolve outstanding issues. The city will not request additional information from the applicant more than three times, unless the applicant waives this limitation in writing. If not waived, the city will proceed to process the application for approval or denial.
(8)
Once all comments have been addressed, staff will provide a copy of stamped plans and permit card.
m.
Final Plat Review. Following Construction Plan approval, the developer may submit a final plat for approval when any one of the following conditions exist:
(1)
All public improvements have been installed and accepted by the city and (if applicable) all private improvements have been installed and approved by the city.
(2)
In the absence of the completion of all improvements referenced in this section, provision of security for such installation as required by this article has been made.
(3)
Applicants shall apply for the final plat review by furnishing the Growth Management Department with the number of copies of the final plat as the city requires, the fee for final plat review as approved by the city, and other articles deemed necessary by the city. The final plat shall be designed to conform to the approved Preliminary Subdivision. Refer to Table 9.3 Final Plat Checklist for final plat submittal packages and the design standards established in this Code and as required in F.S. ch. 177, as amended.
(4)
No amendments shall be made to the declaration of covenants, conditions and restrictions relating to: utility easements, stormwater management, the minimum percentage of annual assessments set aside for landscaping, or effective period of the Declaration or termination of the Declaration shall be made without prior approval of the City of Crystal River.
(5)
The development coordinator will determine sufficiency of the final plat application package. Once the final plat application package is determined sufficient, the development coordinator will distribute the package to the city's consulting surveyor, city attorney, and city engineering firm for review.
(6)
The development coordinator will email comments to the applicant from the surveyor, city attorney, and city engineer.
(7)
The process will be repeated for subsequent submittals until the city's consulting surveyor, city attorney, and city engineer's comments have all been satisfactorily addressed. The final plat will then be scheduled for the next city council meeting. Pursuant to §166.033(2), Florida Statutes, when an application for a development permit or development order is certified by a professional listed in § 403.0877, Florida Statutes, before a third request for additional information is issued the city will offer a meeting to attempt to resolve outstanding issues. The city will not request additional information from the applicant more than three times, unless the applicant waives this limitation in writing.
If not waived, the city will proceed to process the application for approval or denial.
(8)
City Staff will schedule the final plat on the agenda of the City Council. Under no circumstances will the final plat be scheduled on a City Council agenda unless all required documents have been received, including two Mylar copies signed by the owner. The Council shall approve or disapprove said final plat based upon compliance with the certification and security requirements and with all other requirements and provisions of this article and other applicable policies, ordinances, laws, and regulations. Upon approval by the City Council, said final plat shall be signed by the Mayor of the city and entitled to be recorded by the clerk of county court under the applicable provisions of F.S. ch. 177. The appropriate fee to cover the recording of all documents associated with the final plat shall be the responsibility of the applicant. City staff will be responsible for taking the documents to be recorded.
n.
Public Improvements
(1)
The installation of all improvements shall be subject at all times to inspection by the city. The developer shall employ an engineer registered in the State of Florida to observe the work during construction to ensure compliance with approved plans. Upon completion, the engineer of record shall certify that the improvements have been installed and completed in accordance with approved Construction Plan. The developer shall submit to the city all required test reports, the required number of copies of high-quality, reproducible as-built drawings, and digital as-built drawings in the format requested by the city prepared to the specifications of the city and certified by the engineer of record showing the actual installation of all improvements.
(2)
Upon satisfactory final inspection of any public improvements, such improvements may be approved by the city's Public Works Department. Approval of such improvements does not imply acceptance for maintenance by the city or any waivers of the city's sovereign immunity from liability.
(3)
Upon satisfactory final inspection of any public improvements, acceptance of as-built drawings and required test reports, the city shall accept responsibility for the maintenance of such improvements, provided that such improvements are on land which the city owns or for which it has accepted an offer of dedication or easements. Such acceptance shall be evidenced by a written or stamped acceptance of improvements executed by the Public Works Department. Unless and until the city acquires such interests, maintenance of such improvements shall remain the sole responsibility of the developer.
o.
Assurance for Completion and Maintenance of Improvements
(1)
Performance security. In order to receive final plat approval before the installation of all improvements, the developer shall provide and maintain sufficient full performance security guaranteeing the installation and acceptance of all public on-site and off-site improvements, and the installation and approval of all private on-site or off-site improvements. Where security is required, the applicant shall deliver an estimate certified by a professional engineer for the complete construction of all improvements in compliance with the approved Construction Plan and specifications, design of the final plat and the requirements of these regulations.
(2)
In order to receive final plat approval after installation and approval of specific public or private improvements, but prior to installation and approvals of all public or private improvements, the developer shall provide sufficient partial performance security guaranteeing the installation of any remaining improvements not yet installed. Approval for posting a partial performance security must be given by the appropriate infrastructure department as it relates to the improvement. If all public improvements have been approved and accepted by the city, and private improvements have been approved and inspected by the city, the developer shall not be required to provide performance security upon final plat approval. The performance security shall be released by the city when all public improvements are installed, inspected and accepted, and when all private improvements are installed, inspected and approved pursuant to this article.
(3)
The applicant shall deliver performance security in the amount of 110 percent of the estimated construction costs of the improvements that such improvements will be built according to the final plat, and the requirements of these regulations. The applicant will file security in the amount of 20 percent paving and drainage, and 20 percent for all other improvements, of the engineer's estimated cost of the initial security for maintenance of the improvements upon completion.
(4)
Where approved performance security has been provided and the improvements have not been installed according to the approved construction drawings, this Code or the terms of the performance security instrument, the city may, upon ten days' written notice to the parties to the instrument, declare the performance security to be in default and exercise the city's rights thereunder. Upon default, no further permits or approval shall be granted for the project until adequate progress toward completion of the remaining improvements is shown as determined by the city.
The following terms and conditions shall apply to the different forms of security as indicated in this section:
(a)
Performance bond. The applicant shall deliver to the city a good and sufficient performance bond guaranteeing the construction of the subdivision improvements and that such improvements shall be free from defects in materials and workmanship. All bonds required by this section shall be issued from a company licensed as a surety in the state. In addition, the bond shall contain an agreement that the principal and surety therein agree to pay the city all court costs and reasonable attorney's fees incurred by the city if the city commences legal action to enforce the terms of the bond. The form of the bond submitted under this section shall be approved by the city and shall be filed with the office of the City Clerk.
(b)
Letter of credit. The applicant shall deliver to the city a good and sufficient letter of credit issued by a banking institution located in the county that such improvements shall be free from defects in material and workmanship. A letter of credit shall be accepted as security where the total cost of the subdivision improvements does not exceed $500,000.00. The developer shall execute a written agreement with the city authorizing the city to draw upon the letter of credit if the developer fails to fully and timely complete the performance, payment, or maintenance obligations undertaken by the developer. Only one letter of credit shall be accepted as security for a developer's construction obligation, or maintenance obligation, with respect to a subdivision or development, and multiple, combined, partial or successive letters of credit to secure the construction of a single subdivision, or the maintenance thereof, will not be accepted. Any letter of credit furnished the council shall contain an agreement that the surety or financial institution shall pay the council costs, including reasonable attorney's fees, if the council finds it necessary to commence legal action on the security. The form of the letter of credit submitted under this section shall be approved by the city and shall be filed with the office of the City Clerk.
(5)
Maintenance security. Where a request is made for acceptance for maintenance by the city of public improvements, security for maintenance in the amount of 20 percent of the construction cost of paving and drainage, and 20 percent of the construction cost of all other public improvements, shall be posted with the city. The security shall be in the form provided for in this section and provide that the city shall be indemnified if the applicant does not replace of fully repair any public improvements in the subdivision which are defective in materials or workmanship, or which were not constructed in compliance with approved plans and specifications, the design of said final plat or the requirements of these regulations. The terms of the security shall provide that the security shall expire two years from the date the improvement was accepted for maintenance by the city, unless the city serves by mail to the applicant written notice that the improvements are defective in materials or workmanship or were not constructed in compliance with the approved plans and specifications, the design of said final plat, or the requirements of these regulations within the two years.
(6)
Inspections. As the improvements are being constructed within the subdivision, the city staff or consulting engineer or their representatives shall have the right and privilege to inspect and visit the tract for the purpose of ensuring that all improvements are being constructed in conformity with the provisions of these regulations and said approved Construction Plan and regulations. The city's public works director or his authorized representative shall be specifically notified of the commencement and completion of the following items of construction so that an immediate inspection can be performed to assure construction in conformity with said approved Construction Plan and specifications and the requirements of these regulations:
(a)
Drainage facilities, lift stations and sanitary sewer lines, and all other appurtenances, prior to backfilling.
(b)
Stabilized subgrade.
(c)
Curb, base, and concrete work.
(d)
Roadway base.
(e)
Surface course.
(f)
Permanent reference monuments and permanent control points.
(7)
The failure to notify the city's staff or their designated representatives of the commencement and completion of the construction of such items may be good cause for the city's staff to refuse to issue a certificate of completion.
(8)
Issuance of certificate of completion. Upon completion of construction of the improvements, the applicant or his authorized representative shall provide to the city's public works director the following items:
(a)
A letter stipulating that construction of the improvements has been completed and requesting final inspection and approval.
(b)
The testing reports and certificates of compliance from material suppliers.
(c)
Three sets of as-built Construction Plan and a digital copy in a format required by the city.
The as-built set of plans must bear the official seal of a currently registered professional engineer licensed by the state.
(d)
If a municipality is accepting a public water system, there must be a document indicating municipal acceptance of the construction of the water system.
(e)
A document of certificate of completion (DEP form 17-1,205(81) or as amended) must be presented to the city upon completion and final acceptance of construction of a sewer collection system.
(9)
Upon receipt of the items listed in this section, the city's public works director or his authorized representative shall review said data and make a final inspection of the constructed improvements and shall notify the applicant of any items of noncompliance with said construction with the design contained in the final plat, the approved Construction Plan and specifications, and the provisions and requirements of these regulations. A certificate of completion shall be issued by the city when the construction of said improvements is completed in conformity with the design contained in the approved Construction Plan and specifications, and the provisions and requirements of these regulations.
(10)
Time for construction of sidewalks. No person shall occupy, inhabit, or dwell in any structure on any lot or parcel of land in a subdivision until after the developer of the subdivision, or the owner of such lot or parcel of land in a subdivision, shall have first constructed and installed in the right-of-way of any public street or streets abutting such lot or parcel of land, and on the side of such street or streets nearest such lot or parcel of land, a sidewalk extending the entire distance that such lot or parcel of land abuts the public street or streets. The sidewalk shall be constructed in accordance with specifications and requirements of the regulations applicable to the construction of sidewalks within subdivisions, and shall conform in all respects to the applicable portion of the plans and specifications for construction of public improvements in the subdivision submitted by the developer prior to approval of the plat by the city council. No certificate of occupancy shall be granted or issued for the occupancy of any structure on any lot, piece, or parcel of land in a subdivision until after the sidewalk required by this section has been installed as herein required and finally inspected and approved by the city's public works director.
(11)
Extended time for construction of sidewalks. The developer shall be responsible for constructing sidewalks and such sidewalks shall be installed prior to the final inspection of the subdivision improvements for the issuance of a certificate of completion; provided, however, that a developer desiring to defer construction of the sidewalks until dwellings have been constructed on the subdivision lots may extend the time for construction of the sidewalks for a period of time not to exceed two years from the date of recording of the subdivision plat.
p.
Private Improvements. Upon satisfactory final inspection of any private improvements, receipt of as-built drawings and required test reports, the city shall approve all such improvements. Such approval shall be evidenced by a written or stamped approval of improvements executed by the Public Works Department. Maintenance of such private improvements remains the sole responsibility of the developer. Approval of such improvements does not imply acceptance for maintenance by the city or any waivers of the city's sovereign immunity from liability.
q.
Sales Centers and Model Homes
(1)
Following Construction Plan approval, building permits for model homes and sales centers may be issued. All model homes and sales centers shall be constructed and located in such manner as to comply with all requirements of this subpart and all other applicable laws, including adequate sewer and water service.
(2)
All homes shall be provided with adequate access to an approved and constructed street by completion of their construction and so situated to minimize pedestrian or vehicular traffic through areas of ongoing construction activity. This shall occur prior to the issuance of a certificate of occupancy.
(3)
The number of model homes shall be limited to no more than ten percent of the total number of homes to be built in the subdivision.
r.
Improvements. Each subdivision shall contain improvements designed and constructed according to the requirements and specifications of this Code, the City Manual of Standards and the applicable policies, regulations, and ordinances of the city and the laws of the state. The following services and facilities are required improvements within subdivisions:
(1)
Streets paved, designed, and constructed for public use according to the standards of this Code.
(2)
Sidewalks designed and constructed for public use according to the standards of this Code.
(3)
Drainage and water management facilities designed and constructed according to the standards and requirements of the Code. The term "drainage," where appropriate, shall include, but not be limited to, swales, ditches, storm sewers, seepage basins, culverts, side drains, retention or detention basins, crossdrains, and canals.
(4)
Wastewater and potable water services designed, and constructed for public use according to the standards of this Code.
(5)
A water system based upon the required standards of the Florida Department of Environmental Protection, the land development regulations and other applicable regulations.
(6)
Approved street signs, markers and traffic signals to control and circulate traffic within the subdivision's street network in accordance with the Florida Uniform Manual of Traffic Control Devices (MUTCD), published by the Florida Department of Transportation (FDOT), and the City Manual of Standards.
(7)
Such other improvements as deemed necessary to comply with the requirements of the land development regulations and to protect public health, safety, and welfare because of topography or other problems of the tract.
(8)
Recreation facilities and public Open Space. Where a development proposes multiple phases of construction, recreational facilities and required Open Space improvements shall be complete as a proportional share of the entire development. By way of example, but not limitation, if phase one develops 25% of the total proposed residential units or non-residential square footage, no less than 25% of the required Open Space improvements shall be completed. Refer to Section 3 for required Open Space standards.
s.
Transfer of Development Rights (TDR)
(1)
Generally
(2)
Purpose and intent. This chapter sets forth procedures for the creation of Transfer of Development Rights (TDR's) in accordance with the City of Crystal River Comprehensive Land Use Plan, Future Land Use Element. Such procedure is consistent with the policies set forth in F.S. 163.3177(6) and F.S. 163.3177(11)(a). The intent of TDR's is to facilitate the preservation of the Three Sisters parcel, an environmentally sensitive parcel from development by transferring density away from such parcel onto suitable sites within the city.
(3)
Definitions. The following definitions are specifically applicable to the TDR process:
(a)
Transfer of development right(s). One (1) or more units of residential density created by the Crystal River City Council via the planned development process for transfers from donating parcels to receiving parcels.
(b)
Donating parcel. The Three Sisters Spring's parcel per plan, Goal 4, Objective 4.1, Policy 4.2(A) and 4.2(B)
(c)
Receiving parcel. That parcel of land, designated via the Planned Development process, which receives TDR's from a donating parcel.
(d)
TDR planned development. A planned development created pursuant to the City of Crystal River Land Development Code, Chapter 4, Section 4.04.00 et. seq., specifically labeled as a "TDR Planned Development" upon approval by the Crystal River City Council and, concurrent with said approval, upon the assignment of TDR's to a receiving parcel.
t.
Eligibility for planned development with transfer of development (PD-TDR).
(1)
Planned developments with transfers of development rights (PD-TDR) may be proposed for two (2) or more contiguous or noncontiguous tracts of land to facilitate transfers of development rights from environmentally sensitive areas as defined in Future Land Use Element, Goal 4, Policy 4.2(A) and (B), to less sensitive areas. The PD-TDR will allow a specific number of residential units of density to be transferred from one parcel (donating parcel) to another (receiving parcel), and the donating parcels shall be rezoned as coastal preservation (donating parcel) and the receiving parcel, PD-TDR (receiving parcel). As a result of the transfer, receiving parcels may be developed at a gross density that exceeds that provided on the receiving parcel's applicable land use category. The process and standards for planned developments in Chapter 4, Article 4.04.00 et. seq. shall apply to the PD-TDR Master Plan for the receiving parcel with the following additional requirements:
(a)
The planned development may be implemented as a unified development plan including both the donating and receiving parcels. The donating parcel shall be effectively zoned as a coastal preservation district under the Crystal River Land Development Code. In the alternative, TDR's may be created pursuant to a bifurcated process; the donating parcel shall be initially designated as a Coastal Preservation District and thereafter, the number of TDR's to be created and utilized shall be established with the receiving areas determined via a subsequent PD-TDR on a future receiving parcel.
(b)
The donating parcels shall be the Three Sisters Springs parcel.
(c)
The maximum number of units that can be transferred from the donating parcel shall be:
i.
If the donating parcel has entitlements approved thereon but said entitlements are below the maximum density allowable under the currently applied city future land use designation and zoning district, transferred TDR's shall be the maximum build out of the donating parcel per gross acre less the permitted density of the donating sites development rights.
(d)
If not all available TDR units are initially transferred to a receiving site, they may remain titled with applicant in a holding status for future use. The remaining units may only be transferred to a receiving parcel at a later date, by way of an approved PD-TDR Plan to the zoning map.
(e)
The donating parcel shall be designated on the zoning map and shall be protected as a conservation area.
(f)
Development of receiving parcels shall be consistent with Goal 4.0, Obj. 4.1 and Policy 4.2 of the City of Crystal River's Future Land Use Element.
(g)
The receiving sites for the PD-TDR areas shall be evaluated for their viability as areas of increased development. Allowance of this increased density shall be subject to an evaluation of factors that include availability and capacity of public infrastructure and services, no impacts to wetlands or environmentally sensitive areas, the land uses and development patterns of the surrounding areas and criteria of Policy 4.2(B) of the plan.
(h)
Reasonable notice of hearings, as required by the City of Crystal River Code of Ordinances and/or Florida Statutes, shall be provided to those entitled to such notice.
u.
Development Agreements
(1)
Generally. The city council of the City of Crystal River (council), in its sole and exclusive discretion, may enter into development agreements with any person having a legal or equitable interest in real property within the incorporated limits of the city as is provided in F.S. Ch. 163 and as further set forth under the terms of this chapter.
(2)
Scope and limitations. The entry into a development agreement by the city shall in no way whatsoever limit or modify any legislative power by the city to adopt ordinances, resolutions, regulations or to make executive, administrative or legislative decisions of any kind, which it had the power to make prior to the entry into such development agreement, except to the degree that the development agreement by its express terms and not by implication, gives vested rights to the property owner as to certain development permissions, required improvements, and similar matters. No development agreement shall, by its expressed terms or by implication, limit the right of the city to adopt ordinances, regulations or policies that are of general application except as is expressly provided by F.S. Ch. 163.
(3)
Request fee. A property owner desiring to enter into a development agreement with the city shall make a written request for such development agreement to the city manager and pay the fee as is established by resolution of the council. Such written requests shall identify the lands which are desired to be subject to the development agreement, and shall identify all legal and equitable owners having any interest in such property, and such ownership interest shall be certified by a title company or an attorney at law licensed to practice in the state. If any partnerships, corporations, 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, corporations, joint ventures or other entities shall be revealed.
(4)
Placement of request on city council's agenda, determination by board, refunding of fee. Upon receipt of such a request, the city manager shall place the matter on the city council's agenda, and the council shall, in its sole discretion, determine whether or not it desires to pursue negotiations with the property owner relative to the entry into a development agreement. If the council determines not to proceed with further negotiations or discussions regarding the development agreement, the fee paid by the property owner shall be refunded. If the council instructs the city manager to proceed with further negotiations, the fee shall thereafter be nonrefundable, regardless of whether or not a development agreement is ultimately reached.
(5)
Development proposal, contents. Upon the council's determination that it desires to proceed with further negotiations relative to a development agreement, the property owner shall promptly submit a development proposal for the subject property to include the following information:
(a)
Legal description of the land subject to the agreement.
(b)
The persons, firms or corporations having a legal or equitable interest in the land.
(c)
The duration of the development agreement, which duration shall not exceed thirty (30) years. However, it may be extended by mutual consent of the city and the developer, subject to public hearing process in accordance with F.S. Ch. 163.
(d)
The development uses desired to be permitted on the land, including population densities and building intensities and height.
(e)
A description of all existing and proposed public facilities that will service the development, including who shall provide such facilities; the date that any new facilities, if needed, will be constructed; and a schedule to ensure public facilities are available concurrent with the impacts of the development.
(f)
A description of any reservation or dedication of land for public purposes.
(g)
A description of all local development permits approved or needed to be approved for the development of the land.
(h)
The zoning and present land use categories of all abutting property.
(i)
A registered state surveyor's certified property boundary survey.
(j)
All lad subject to the jurisdictional regulations of the Southwest Florida Water Management District (SWFWMD), the State Department of Environmental Protection (FDEP), and the Army Corps of Engineers (ACOE) shall be shown on a survey of the property.
(k)
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, including water, sewer, gas, electricity, CATV and sanitary effluent reuse/disposal and other utilities.
(l)
A conceptual master drainage plan for the development indicating thereon the existing drainage features and land topography, along with and superimposed thereon, the proposed drainage features indicating clearly the means by which the final developed land will collect, regulate and conduct the drainage runoff from the lands developed and tributary thereto.
(m)
Any further information that the city manager may require because of the particular nature or location of the development proposal, including proposed phases. The city manager shall have the right to waive any submission requirement that is not relevant to the particular proposal; provided, however, that if any submission requirement is initially waived, the development agreement shall expressly provide when such information is to be provided and that development is not to commence until such information is provided according to the development agreement terms.
(6)
Vesting of rights; limitation on rezoning or land use plan amendments. The submission of a request for consideration of a development agreement; the council's willingness to pursue discussions; the resultant negotiations regarding a development agreement; the payment of any application fees for the submission of any application; engineering plans, surveys and any other expenditures or efforts in prosecution of the development agreement, provided for in this article by a property owner, shall not vest any rights whatsoever in any zoning or land use designation [as] such property owner, nor shall it in any manner whatsoever limit the council from undertaking any rezoning or land use plan amendments that it would be otherwise legally entitled to undertake.
(7)
Review of proposal by city manager; tentative agreement. The city manager shall review the development proposal of the owner and shall meet and negotiate with the owner regarding the appropriate development of the property and the terms and condition in which such property should be developed as the city manager shall deem to be appropriate and necessary for the protection of the public interest and consistent with city's land use plan and land development resolutions and code.
(8)
Terms reduced to contractual form; transmission to city council; hearings procedures; approval.
(a)
At such time as the city attorney has reduced the terms of the proposed development agreement to written contractual form the agreement shall be placed on the agenda of the planning commission for a public hearing and recommendation as to entering into the development agreement. Such public hearing shall be advertised in a newspaper of general circulation in Citrus County, and such notice shall be advertised approximately seven (7) days before the public hearing. Notice of intent to consider a development agreement shall also be mailed to all affected property owners abutting the property boundaries before the first public hearing by the local planning agency. The day, time and place at which the city council public hearing will be held shall be announced in the planning commission public hearing. The notice shall specify the location of the land subject to the development agreement; the development uses proposed on the property; the proposed population densities and building heights; and shall specify where a copy of the proposed agreement can be obtained.
(b)
At the council meeting the council may, by vote of not less than three (3) members of the council, approve the form of a development agreement and authorize the chairman to execute the agreement for the council.
(9)
Minimum requirements. Any development agreement approved under the provisions of this chapter shall contain not less than the following requirements:
(a)
A legal description of the land subject to the agreement and the identification of all persons having legal or equitable ownership therein.
(b)
The duration of the development agreement, which duration shall not exceed twenty (20) years. However, it may be extended by mutual consent of the city and the developer, such extension being subject to the public hearing process necessary for the initial approval of the development agreement. No development agreement shall be effective or be implemented by a local government unless the local government's comprehensive plan and plan amendments implementing or related to the agreement are found in compliance by the state land planning agency in accordance with F.S. §§ 163.3184,163.3187.
(c)
The development uses permitted on the land, including population densities, building intensities and building height.
(d)
A conceptual site plan indicating phases if the property is to be phased and containing such information as may be required by the city manager to properly consider the development proposal. If a site plan is required in rezoning process, all the requirements of that site plan process and submittal shall be met prior to development.
(e)
A description of the public facilities that will service the development, including designation of the entity or agency that shall be providing such services. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed and a schedule to ensure that the public facilities to be available concurrent with the impacts of the development will be provided. The development agreement may provide for a letter of credit to be deposited with the city to secure the construction of any new facilities that are required to be constructed. Alternatively, such construction may be a condition precedent to the issuance of any building permits or other development permissions. If the new public facilities are in place and operating at the time development permits are requested, no such letter of credit shall be necessary unless such facilities are not adequate to serve the project.
(f)
A description of any reservation or dedication of land for public purposes and any impact fee credit request that may result from such dedication or reservation.
(g)
A description of all local development permits approved or needed to be approved for the development of the land, specifically, to include at least the following:
i.
Any required rezoning.
ii.
Any required comprehensive plan amendments.
iii.
Any required submission to the Withlacoochee Regional Planning Council.
iv.
Any required permissions of the FDEP.
v.
Any required permissions of the ACOE.
vi.
Any required permission of the SWFWMD.
vii.
Any required permissions of the United States Environmental Protection Agency and other governmental permissions that are required for the project. Any final local development order authorizing construction under the concurrency provisions of the city's Comprehensive Plan.
(h)
The development agreement shall specifically provide that such development permissions will be obtained at the sole cost of the property owner and, that if any development permissions are not received, development can still proceed without such permissions in certain phases, and that no further development of the property shall be allowed until such time as the council has reviewed the matter and determined whether or not to terminate the development agreement or to modify it in a manner consistent with the public interest. Under these conditions, action and reliance on the development agreement or expenditures in pursuance of its terms of any rights accruing to the property owner thereunder, shall not vest any development rights in the property owner, nor shall it constitute partial performance entitling the property owner to a continuation of the development agreement.
(i)
A specific finding in the development agreement that the development permitted or proposed is consistent with the city's Comprehensive Plan and the land development regulations of the city or, that, if amendments are necessary to the zoning district designation or land use plan designations on the subject property, that such development agreement is contingent upon those amendments being made and approved by the appropriate governmental agencies.
(j)
The council may provide for any conditions, terms, restrictions or other requirements determined to be necessary for the public health, safety or welfare of its citizens and such conditions, terms or restrictions may be more onerous or demanding than those otherwise specifically required by the land development standards then existing in the city, and may provide for off-site improvements, screening, buffering, setbacks, building height restrictions, land coverage restrictions and similar types of matters that would not otherwise be required of the development under the existing city ordinances and regulations; provided, however, that there exists a rational nexus between the necessity of these conditions and the projected impacts of the proposed development.
(k)
A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the property owner of the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions, and that any matter or thing required to be done under existing ordinances of the city shall not be otherwise amended, modified or waived unless such modification amendment or waiver is expressly provided for in the development agreement with specific reference to the code provisions so waived, modified or amended.
(l)
At the council's discretion, the development agreement may provide that the entire development, or any phase of such development, be commenced or be completed within any specific period of time and may provide for penalties in the nature of monetary penalties, the denial of future building permits, the termination of the development agreement or the withholding of certificates of occupancy for the failure of the property owner to comply with any such requirement.
(10)
Land development regulations of county to govern; effect of amendments and new ordinances.
(a)
The ordinances and regulations of the city governing the development of the land at the time of the execution of any development agreement provided for under this chapter shall continue to govern the development of the land subject to the development agreement for the duration of the development agreement. At the termination of the duration of the development agreement, all then existing codes shall become applicable to the project, regardless of the terms of the development agreement, and the development agreement shall be modified accordingly. The application of such laws and policies governing the development of the land shall not include any fee structure, including any impact fees then in existence or thereafter imposed. The city may apply ordinances and policies adopted subsequent to the execution of the development agreement to the subject property only if the city has held public hearings and determined that such new ordinances and policies are:
i.
Not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the development agreement;
ii.
Essential to the public health, safety and welfare and expressly state that they shall apply to a development that is subject to a development agreement;
iii.
Specifically anticipated and provided for in the agreement; and the city demonstrates that substantial changes have occurred in pertinent conditions existing at the time of the approval of the development agreement, or the development agreement is based on substantially inaccurate information supplied by the developer.
(b)
Subject to the criteria of F.S. Ch. 163, all development agreements shall specifically provide that subsequently adopted ordinances and policies of general application in the city, specifically including impact fees and concurrency management systems, shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement.
(11)
Annual review; report on findings; revocation or modification procedures. The city shall review all lands within the unincorporated area subject to a development agreement not less than once every twelve (12) calendar months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the council finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the city upon sixty (60) days' notice to the property owner as shown on the records of the county property appraiser. Such termination or amendment shall be accomplished only after public hearings and notice as is required in this article for the adoption of a development agreement. Amendment or cancellation of the development agreement by mutual consent of the city and the property owner may be accomplished following the notice and public hearing requirements required for initial adoption of the development agreement as is set forth in this chapter.
(12)
Recording procedure. Not later than fourteen (14) days after the execution of a development agreement, the city shall record the agreement with the clerk of the county circuit court. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to all successors in interest to the parties to the agreement.
(13)
Effect of state and federal laws enacted after agreement. If state and federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties compliance with the terms of the development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after the notice and public hearing provisions provided for the adoption of a development agreement have been complied with.
(14)
Actions for injunctive relief. Any party, any aggrieved or adversely affected person, as defined in F.S. [§] 163.3215(2), or the state land planning agency may file an action for injunctive relief in the county circuit court to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of F.S. [§§] 163.3220-163.3243.
(15)
Execution; legal status. All development agreements shall be executed by all persons having legal or equitable title in the subject property, including the fee simple owner and any mortgagees, unless the city attorney approves the execution of the development agreement without the necessity of such joinder or subordination on a determination that the substantial interests of the city will not be adversely affected hereby. A development agreement is determined to be a legislative act of the city in the furtherance of its powers to plan, zone and regulate development within its boundaries and, as such, shall be superior to the rights of existing mortgages, lienholders or other persons with legal or equitable interest in the subject property and the development agreement, and the obligations and responsibilities arising thereunder on the property owner shall be superior to the rights of such mortgagees or lienholders and shall not be subject to foreclosure under the terms of mortgages or liens entered into or recorded prior to the execution and recordation of the development agreement.
Table 9.1: Preliminary Subdivision Checklist
Applicants shall apply for the Preliminary Subdivision review by furnishing the city with the following documents and information:
√ Required Documents
□ Completed Preliminary Subdivision application
□ Copy of recorded deed
□ Owner/agent affidavits (original signatures, all owners)
□ Property record card
□ Boundary survey
□ Three 24-inch by 36-inch certified Preliminary Subdivision Plan sets
□ Traffic Study with improvement recommendations
□ CD, flash drive, storage device or electronic transmittal of the Preliminary Subdivision in PDF format.
□ Title Opinion of an attorney licensed in the State of Florida or a certification by an abstractor or a title company dated no earlier than 30 days prior to the submittal showing all persons or entities with an interest of record in the property, including but not limited to the record fee owners, easement holders, mortgage and lien holders, leasehold interest holders, judgment interest holders, and parties with any interest in the land by reason of probate or other legal proceedings. The report shall include the tax identification number for the property and copies of documents such as deed, easements, etc., referenced in the title opinion.
□ Preliminary Subdivision application fee
√ Required Information
□ 100-year flood elevation: 100-year flood elevations shall be included.
□ Location of fire hydrants. Proposed location(s) demonstrating a maximum of 500 foot spacing (or current NFPA spacing requirement).
□ Any other information reasonably required by the city.
□ Title block: The title or name of the proposed subdivision and the name and address of the owner of the tract proposed for development and the name and address of the engineer and surveyor engaged to prepare and design the Preliminary Subdivision.
□ Legend: Date, scale of plat, north arrow, current zoning, total number of lots, and minimum lot size.
□ Legal description: A full and detailed legal description of the tract to be platted and its approximate acreage.
√ Required Information
□ Vicinity map: A vicinity map, at scale, showing the proposed development in relation to the abutting land uses and streets.
□ Thoroughfare Sheet: All thoroughfare types labeled including location, name, and right-of-way and pavement width, sidewalks, on-street parking, both on and immediately contiguous to the subdivision tract will be shown. A summary table with percentages of each type shall be included.
□ Existing/Proposed Zoning and Land Use. A colorized or labeled map depicting the zoning and land use.
□ Lot Types Sheet: The proposed lot and housing types with appropriate lot lines, dimensions and lot numbers shall be shown. Lots shall be numbered in consecutive order. A summary table with percentages of each type shall be included.
□ Open Space Sheet: All open space types labeled, existing parklands, easements, lakes, and waterways within the tract to be subdivided shall be shown on the plat. The purpose for such easements shall be indicated. A summary table with percentages of each type shall be included.
□ Parks and recreation dedication: Land to be dedicated for parks and recreation shall be shown and its approximate acreage indicated.
□ Dedications and reservations: All parcels of land proposed to be dedicated or reserved for public use, such as roads, easements, parks, sidewalks, bike or pedestrian trails, shall be indicated on the plat. Proposed rights-of-way and street names shall be indicated.
□ Topography: Contour intervals of one foot, except where determined to be unreasonable by the Growth Management Director.
□ Proposed building setback lines: Proposed building setback lines shall be shown on the plat.
□ Finished floor elevations: Finished floor elevations shall be shown on plans and follow uniform flow patterns with adjacent streets. Finished floor elevations shall be coordinated with the lot grading to ensure positive drainage. No flooding or standing water will accumulate on any given lot.
□ Benchmarks: Plans shall show benchmarks used to determine construction elevations in subdivision. Plans shall include description and elevation of benchmarks or temporary benchmarks to be used on-site.
□ Stormwater layout: The plat shall include the location of retention ponds and other stormwater facilities. Stormwater calculations are not required at this time; however, the applicant should show an arrow indicating the direction of flow of surface drainage.
□ Phase lines (boundaries): The plat shall include the boundary lines of each proposed phase of the development.
□ Transportation analysis: A traffic analysis shall be required with methodology approved by the City.
□ Preliminary (non-binding) concurrency review application: A non-binding concurrency review is performed at this stage of the development review process to determine whether there are any level-of-service issues.
□ Tree removal application and tree survey: A tree removal application and tree survey. This may also be submitted with the Construction Plan at the applicant's discretion. Please note: There is a separate application and fee for tree removal.
Table 9.2: Construction Plan Checklist (1 of 2)
Applicants shall apply for the Construction Plan review by furnishing the city with the following documents and information:
√ Required Documents
□ Completed application
□ Concurrency application
□ Capacity letter for the provision of potable water and wastewater
□ Copy of recorded deed
□ Owner/agent affidavit (original signatures, all owners)
□ Property record card
□ Two sets of 24-inch by 36-inch certified Construction Plan
□ Boundary and topographical survey
□ Title Opinion
□ Copy of architectural plans
□ Two sets of landscaping and irrigation plans, 24 inches by 36 inches, by a landscape architect
□ Two sets of stormwater management calculations
□ Two sets of lift station calculations
□ Copy of the completed Southwest Water Management District application for permit
□ Two copies of the geotechnical report
□ One copy of the photometric survey
□ A CD, flash drive or other storage device of the Construction Plan, architectural plan, and landscaping and irrigation plan in PDF format
□ Construction application review fee and concurrency application review fee
□ All documents included in the Preliminary Subdivision submittal, if applicable.
□ Engineer's letter of certification including total infrastructure construction costs.
√ Required Information
Reference the following page for the required information.
Table 9.2: Construction Plan Checklist (2 of 2)
Applicants shall apply for the Construction Plan review by furnishing the city with the following documents and information:
√ Required Information
□ All Construction Plan and support documents both on site and off site shall bear the date, seal and signature of the project engineer
□ Size. The standard size sheet for Construction Plan submitted for review shall be 24 inches by 36 inches
□ If applicable, the Construction Plan shall be in conformance with the Preliminary Subdivision
□ Location. The plans shall include a location map that shows the location of the project in the broad context of the city
□ Scale. Construction Plan shall be drawn to scale using such a scale that all required features are readily discernible. The permit-issuing authority shall make the final determination whether the plans are drawn to the appropriate scale
□ Construction Plan shall include the name of the applicant, name of the development, north arrow, and legend
□ Legal description and acreage or square footage
□ Date of plan
□ Property boundaries
□ Zoning of the property and surrounding properties
□ Property lines with dimensions
□ Street right-of-way lines
□ Utility or other easement lines
□ Topographic information. Existing contours at one-foot intervals based on field surveys or photogrammetric survey extending a minimum 100 feet beyond the tract boundary. The topographic survey shall be certified by a land surveyor, registered in the state
□ Soils information. Identification of on-site soils shall be drawn on the face of the plan using the Soil Survey of Citrus County Area, Florida. An applicant may challenge this determination by demonstrating (through the testing of a geotechnical engineer) that the identified soils are not classified correctly. If the above determination is concurred with by the city engineer, then these alternative soil determinations will be used in preparing the plans
□ Environmental Study & Wetlands survey. Stake and survey of environmentally sensitive areas shall be shown on the Construction Plan. An environmental impact assessment is required for significant or ecologically fragile areas
□ 100-year flood elevation information. Where the 100-year flood elevation is shown on the county flood insurance rate (FIRM) maps, as amended, the applicant shall show the location of the 100-year flood elevation. Data shall be shown for all areas within the 100-year flood zone, as indicated on the FIRM maps. In the above circumstance, the developer will be responsible for the necessary drainage basin studies to establish the 100-year flood elevation. This work will be prepared to the satisfaction of the city engineer. If the proposed development will create a change to the existing 100-year flood elevation, this change will be reflected in an amendment to the FIRM maps. The applicant shall submit a letter of map amendment to FEMA, and will need to provide evidence to the city that FEMA has agreed to the amendment prior to receiving Construction Plan approval
□ Tree survey. The tree survey submitted at the Preliminary Subdivision shall be overlaid on the Construction Plan to show trees in relation to proposed improvements. All trees proposed for removal shall be indicated on the plan
Existing Improvements:
□ Existing vehicle accommodation areas designating surface material and showing the layout of existing parking spaces and direction of travel lanes, aisles, or driveways
□ Existing streets, private roads, sidewalks, and other walkways on the site and in the surrounding area
□ Existing curbs and gutters, curb inlets and curb cuts, and drainage grates
□ Existing other stormwater or drainage facilities, including manholes, pipes, and drainage ditches.
□ Existing underground utility lines including water, sewer, electric power, telephone, gas, and cable television, indicating size where applicable
□ Existing above-ground utility lines, streetlights and other facilities
□ Existing fire hydrants
□ Existing buildings, structures, and signs, with dimensions
□ Existing exterior light fixture locations.
□ Existing dumpster locations
□ Existing land use of the property and surrounding area
Proposed Improvements:
□ Existing land use of the property and surrounding area
□ Size of every lot created
□ Lot dimensions, including widths. Front, side and rear yards shall be designated
□ Location and dimensions of all buildings and signs on the property, as well as the setbacks
□ Principal building elevations showing building heights and proposed sign areas
□ Location and dimensions of all recreational areas, with each area designated as to type of use (Detailed description of recreation facility may be required)
□ Areas intended to remain as usable Open Space. The plans shall clearly indicate whether such Open Space areas are intended to be offered for dedication to public use or to remain privately owned
□ Streets labeled by classification and street name, showing where curb and gutters are to be provided and indicating street paving widths.
□ Curbs and gutters, curb inlets and curb cuts, and drainage grates
□ Other stormwater or drainage facilities, including manholes, pipes, drainage, ditches, swales, retention ponds, etc.
□ Drainage calculations
□ Sidewalks and walkways, showing widths and surface material
□ Bridges
□ Water system; demand size, material, and location of mains, valves, and hydrants, with submittal of profile where required
□ Sewer system; demand size, material, and location of lines, with submittal of profile where required
□ Underground and above-ground utility lines, street lights and facilities
□ Dumpsters
□ New contour lines resulting from earth movement (shown as solid lines) with no larger than one-foot intervals, or detailed profiles and cross sections
□ Location, dimensions, and materials of all signs, fences, etc.
□ Vehicle accommodation areas (including parking areas, loading areas and circulation areas, all designated by surface material and showing dimensions and layout of proposed parking spaces and the dimensions and direction of travel lanes, aisles, and driveways. Also include total square feet of off-street parking area, parking landscape area requirement, the number of spaces, including required spaces for persons with disabilities, and calculations for determining parking demand
□ Street signs, traffic signs and markings, e.g., stop signs, stop bars, speed limit signs, etc. (according to the city's Manual of Standards and the Florida Uniform Manual of Traffic Control Devices)
□ Landscape and irrigation plan.
□ Phasing plan. If the development is to be phased, the Construction Plan need to indicate phasing lines and provide documentation to ensure the first phase can stand on its own as well as subsequent phases and their reliance only on the proceeding phases
□ The city's Manual of Standards sheets, as applicable
□ Photometric survey
Table 9.3: Final Plat Checklist
The following documents are required for submittal of the final plat package for review:
√ Required Documents
□ Completed application.
□ Owner/agent affidavit (original signatures, all owners).
□ Property record card.
□ Three paper copies of the final plat with joinder and consents. Three paper copies of as-builts (record drawings) prepared and certified by a professional land surveyor.
□ Two Mylars of the final plat.
□ Boundary survey (signed and sealed).
□ Certificate of ownership.
□ Engineer's letter of certification including total infrastructure construction costs.
□ Performance bond or other approved surety if infrastructure improvements are not complete.
□ Title opinion of an attorney licensed in the state or a certification by an abstractor or a title company dated no earlier than 30 days prior to the submittal showing all persons or entities with an interest of record in the property, including but not limited to the record fee owners, easement holders, mortgage and lien holders, leasehold interest holders, judgment interest holders, and parties with any interest in the land by reason of probate or other legal proceedings. The report shall include the tax identification number for the property and copies of documents such as deed, easements, etc., referenced in the title opinion.
□ Certificate of completion (if infrastructure is completed prior to recording). The maintenance bond is required for a certificate of completion.
□ Certification of the plat by a professional land surveyor.
□ Certification of engineer that the plat agrees with the Construction Plan.
□ Dedication of improvements to the city; bill of sale, warranty or special warranty deed.
□ Dedication of maintenance responsibility to homeowners'/property owners' association.
□ Proposed homeowners'/property owners' association documents.
□ A CD, flash drive or other storage device of final version of PDF, DWG files (once approved by the city).
□ A CD, flash drive or other storage device of approved as-builts prepared and certified by a professional land surveyor.
□ Final platting and recording fees.
√ Required Information
□ The final plat shall be 24 inches by 36 inches in size and have an appropriate and uniform scale of not smaller than one inch to 100 feet. A three-quarter-inch margin shall be provided on all sides, except a two-inch margin shall be provided on the left side next to the binding. The sheet number and total sheet numbers shall be clearly indicated on each page. Each sheet shall contain a title block with the name of the site, written and graphic scale, north arrow and date.
□ The plat should be tied into the state plane coordinate system.
□ The cover sheet shall include a general vicinity map drawn to scale and including significant orientating features, a complete legal description including the section, township, and range, the name, address, and telephone number of the owner or the name and address of the president and secretary if the owner is a corporation, the area of the property in both square footage and acreage, a recent aerial photograph identifying the project area and having a scale no smaller than one inch to 400 feet.
□ The final plat shall contain sufficient data to determine readily and locate accurately on the ground the location, bearing, and length of every right-of-way line, lot line, easement boundary line, and block line, including the radii, arcs, and central angles of all curves.
□ Certificate of ownership.
□ Certification of the plat by a professional land surveyor registered in the state.
□ Each permanent reference monument (PRM) shall be shown on the plat by appropriate designation.
□ All permanent control points (PCPs) shall be shown on the plat by an appropriate designation. It is the land surveyor's responsibility to furnish the clerk or recording officer of the county his certificate that the permanent control points have been set and the dates they were set, in accordance with a surveyor's certification form established by the county.
Table 9.4: Minor Lot Splits and Lot Line Deviations and Adjustments
The following documents are required for submittal of Minor Lot Splits and Lot Line Deviations and Adjustments for review:
√ Required Documents
□ Completed application.
□ Property Record Card
□ Existing boundary survey signed and sealed showing the original parcel of land, including existing easements and rights-of-way.
□ Proposed Minor Lot Split or Lot Line Deviation boundary survey signed and sealed showing the proposed legal descriptions, lot/parcel lines and dimensions, including existing easements and rights-of-way.
□ Upon City Approval, a final pdf copy of recording by applicant in the public records of Citrus County.
√ Required Information
□ Existing and proposed dimensions for determining compliance with the site design requirements applicable to the zoning district in which the lots are located. New lot(s) and/or parcel(s) shall not create a noncompliance with any setback requirements of this Code.
□ New lot(s) and/or parcel(s) shall have an assignment number or letter through which it may be identified to the parent parcel.
□ The proposed boundary survey shall be labeled "For the purpose of Minor Lot Split" or "For the purpose of Lot Line Deviation" as appropriate.
