Debary City Zoning Code

(a)

Purpose. The purpose of this Code is to establish standards, procedures and minimum requirements for the issuance of all development orders and development permits as required by this Code and to regulate and control the platting and development of land within the city limits, except as otherwise specifically set forth herein; provided, however, it is not the purpose of this Code to regulate any bona fide agricultural production as defined by F.S. § 193.461, including, but not limited to, horticulture, citrus, dairy, livestock, poultry, forestry or vegetables.

(b)

Violations and penalties. If it is determined by the City Manager that any person is violating any provision of this Code, the City Manager shall notify that person, in writing, indicating the nature of the violation and ordering any action necessary to correct it. The order may include, but not be limited to, a stop work order. Any violation of this Code may be referred to the City Special Magistrate. Any person found guilty of a violation of any of the provisions of this Code, or any lawful order of the City Council, or City Manager, shall be punished in accordance with F.S. § 162.22, or any amendments thereto, with a fine not to exceed $250. Notwithstanding any other provisions of this Code, a violation of this Code may be abated by any manner as provided by law. Each day the violation continues shall be deemed a separate offense.

(c)

Injunctive relief. In addition to any penalty provided by law for the violation of any of the provisions of this Code, the City Council may bring suit in the appropriate circuit court to enjoin, restrain or otherwise prevent the violation of any of the provisions of this Code in any manner, as provided by law.

(d)

Fee requirements. Reasonable fees to offset the costs of administration of this Code shall be set by resolution of the City Council. All fees must be paid at the time set out in said resolution.

(e)—(n)

Reserved.

(Ord. No. 21-07, § 3, 9-5-2007)

(a)

City Council. The City Council is the governing body of the city, established and operating in accordance with law. The City Council shall have the following duties and responsibilities under this Code:

(1)

The City Council shall serve as the Local Planning Agency (LPA) for all purposes and as provided in F.S. 163, pt. II (F.S. § 163.2511 et seq.), and shall perform all duties and comply with the requirements established therein, including responsibility for review of the Land Development Code for consistency with the adopted Comprehensive Plan. The LPA shall include a nonvoting school board representative member for certain Comprehensive Plan amendments and rezonings as provided by and in accordance with Florida law.

(2)

The City Council shall review the Land Development Code and shall review applications for land development orders where such review is required by this Code.

(3)

The City Council shall hear and consider requests for variances from and shall hear appeals concerning the standards of this Code. All decisions of the City Council shall be consistent with the Comprehensive Plan.

(4)

The City Council shall make all interpretations of the Comprehensive Plan, including determinations that development orders are consistent with the adopted plan. The City Council may provide for delegation of such interpretations to the City Manager and by the City Manager to another party, subject to appeal of interpretation to the City Council.

(5)

The City Council shall hear and consider requests for special exceptions, as provided herein.

(6)

The City Council shall hear and consider requests for change in zoning and approval of development agreements (including development agreements under PUD regulations).

(7)

Action of the City Council shall be by vote of the majority of members present.

(b)

City Manager. The City Manager is the official employed by the City Council to be responsible for the day-to-day operation of the city. The City Manager shall have the following duties and responsibilities under this Code:

(1)

The City Manager shall be responsible for the administration and enforcement of this Code. The City Manager may designate other city officers, employees, or agents to perform administrative functions, make determinations, and enforce various provisions. Designation need not be in writing and may be inferred.

(2)

The City Manager shall prepare and present to the City Council reports on actions to be taken by the City Council, including appeals and requests for rezoning or development plan approval, and may present information items and request direction from the City Council for items where City Council approval is not otherwise required.

(3)

The City Manager may adopt procedures, and forms for the implementation and enforcement of this Code. Where adopted, such procedures shall be used by city staff, landowners, and developers in the application for, review, and issuance of development orders and development permits, but deviations from such policies or procedures shall not be a basis for invalidation of any development order, development permit, or determination, provided all requirements of this Code have been met.

(Ord. No. 01-99, § 1(104), 11-3-1999; Ord. No. 04-15, § II, 12-2-2015)

(a)

Purpose. The purpose of this section is to set out the various administrative procedures of this Code and to provide for the establishment of the Development Review Committee.

(b)

Development Review Committee.

(1)

Established. There is hereby established a Development Review Committee (DRC).

(2)

Membership. Membership of the Development Review Committee shall include the following, or their designated representative:

a.

The Growth Management Director (GMD), who shall act as chairman;

b.

Four additional members who shall be appointed by the City Manager;

c.

County, local, state or federal agencies may be consulted by the Development Review Committee for advice or recommendations on any matter or application being considered by the Development Review Committee.

(3)

Duties and responsibilities. The duties and responsibilities of the Development Review Committee shall include:

a.

Reviewing all applications under this Code to:

i.

Delineate areas of noncompliance with city development requirements; and

ii.

Define steps necessary to bring applications into compliance with city development requirements.

b.

Reviewing applications for development orders, or providing recommendations for development orders when such matters are decided by the City Council pursuant to this Code.

c.

Providing a recommendation to the City Council for amendments to the Zoning Map.

d.

Providing a recommendation to the City Council for amendments to the Comprehensive Plan's Future Land Use Map.

e.

Providing a recommendation to the City Council for the approval of subdivision plats.

f.

All DRC applications shall have a ten-day review period.

g.

Performing such additional duties as the City Manager may, from time to time, assign.

(4)

Meetings. The Development Review Committee shall meet at least twice per calendar month at such place as determined by the Development Review Committee. A schedule of the meeting times and places shall be adopted annually by the Development Review Committee. An agenda shall be prepared and distributed to each member and to the applicant at least five working days prior to each meeting. All applicants having requests to be reviewed by the Development Review Committee shall be invited to attend and participate in the meeting. Such records of the proceedings of the Development Review Committee meetings as required by law shall be kept.

(5)

Responsibilities of the Growth Management Department.

a.

Being a central intake point for applications;

b.

Reviewing applications for completeness;

c.

Providing liaisons between applicants and the DRC;

d.

Preparing and distributing agendas and reports for meetings of the DRC and the City Council;

e.

Taking and preparing the minutes of all DRC meetings;

f.

Comparing final construction plans and final plats with the approved development order to ensure consistency with one another;

g.

Ensuring all issued development orders and development permits follow the goals, objectives, and policies of the City's Comprehensive Plan; and

h.

Performing such other functions as the City Manager may, from time to time, assign.

(6)

Duties and responsibilities of the GMD. Duties and responsibilities of the GMD shall include:

a.

Coordinating application review procedures;

b.

Issuing concurrency certificates of capacity;

c.

Administration and management of the department;

d.

Issuing development orders and development permits in compliance with the requirements and procedures of this ordinance; and

e.

Ensuring that final construction plans and final plats are consistent with the approved development order.

All applications and supporting information required by this Code shall be filed with the GMD. All required application fees, as set by resolution of the City Council, shall be paid prior to acceptance of the application. Except as otherwise provided in this Code, the following procedures shall govern the review of such applications:

(a)

Completeness of application. The GMD shall review the application to determine its completeness. Within three working days after receipt, he or she shall either accept the application if it is complete and forward to the applicant a notice of acceptance, or reject the application if it is incomplete and forward to the applicant a notice of incompleteness specifying the data missing from the application received.

(1)

If neither a notice of acceptance nor incompleteness is sent, the application shall be deemed accepted for purposes of beginning the time limits of this article on the fourth working day after the filing of the application.

(2)

If a notice of incompleteness is sent, the applicant shall resubmit the application with the additional data required. Upon receipt, the GMD shall review the resubmittal application in the manner provided in this subsection for the original application.

(b)

Distribution of accepted application. Following acceptance of an application, the GMD shall forward a copy of the application to all review agencies and to any state or federal agency deemed by the GMD to be a concerned agency for the review process.

(c)

Review responsibilities. Each member of the city review agency shall prepare a report which sets out, in writing, their comments specifying the exact references to the Code or other regulation being commented on and recommendations regarding the application and shall forward such report to the GMD at or before the meeting of the Development Review Committee held in accordance with this article. The GMD may waive one or more agency reviews, in whole or in part, under this section upon his or her determination that such a review has already been made regarding the same land and no change in standards or circumstances has occurred which necessitates further review.

(d)

Review. Applications shall be reviewed by the Development Review Committee and shall be discussed at a meeting held in accordance with the requirements of Sec. 3.3.

(e)

Application revision. An application may be revised by the applicant after it has been reviewed by the Development Review Committee. Any application so revised must include a revision date on the plans. If any portion of the review process must be repeated to accommodate the revised application, the time limits prescribed in this article shall be extended but not to exceed 20 working days from the date that the revision has been received.

(f)

Development order review and final action.

(1)

Within 60 working days from the acceptance of an application or revised application, the Development Review Committee shall make one of the following determinations:

a.

That the application or revised application is in compliance with the requirements of this Code, and shall approve, or recommend approval of the application;

b.

That the application or revised application is not fully in compliance with the requirements of this Code, stating those conditions which they find are necessary to ensure compliance with this Code, and shall approve, or recommend approval of the application subject to those conditions being met; or

c.

That the application or revised application is not in compliance with the requirements of this Code, and shall deny, or recommend denial of the application, stating the basis for such denial, or may continue consideration of and final action on the application pending submittal of a revised application.

d.

This 60-day period shall be tolled upon submittal of comments to the applicant until the applicant has resubmitted and a notice of acceptance issued pursuant to subsection (a) under this section.

(2)

An applicant may appeal the Development Review Committee's denial pursuant to Sec. 3.13 and request to have the application considered by City Council.

(3)

Valid period and issuance of development orders.

a.

The valid period of any development order shall begin on the date of issuance by the City Manager and shall remain valid for a period of 720 days from the date of issuance.

b.

Development orders shall be issued by the City Manager within five working days after being notified of the actions of the City Council, the Development Review Committee, provided all applicable outstanding conditions have been met; provided all conditions of approval, if any, have been resolved and that the approved concurrency certificate of capacity, if required, can be or has been issued.

(4)

Effect of development order.

a.

If construction of a site development has commenced pursuant to a valid building permit during the valid period of a final site plan development order, construction may be completed in accordance with the approved development order as long as the building permit remains valid.

b.

If construction of the required improvements in a subdivision development has commenced during the valid period of a preliminary plat development order, the improvements may be completed in accordance with the approved development order beyond the valid period of that development order only if the subdivision final plat development order has been approved by the City Council. Construction of the required improvements in a subdivision shall be completed or shall be guaranteed for completion pursuant to Article V of this article prior to recording the final plat.

c.

A final plat shall be deemed approved only after the final plat is recorded and upon issuance shall remain valid until the subdivision or any part thereof is abandoned in accordance with the laws of the City and the State.

d.

During the period of 90 days before and 90 days after the expiration of any development order, the developer may request an extension of that valid period from the City Council. Such request shall be submitted to the GMD. The City Council may approve an extension of that valid period for a period of time not to exceed 720 days and may attach such conditions as they determine appropriate.

(Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 03-16, Exh. A, 1-20-2016)

(a)

Development permit and development order. No development shall be undertaken within the city without approval and issuance of a development permit or development order pursuant to the provisions of this Code and of other relevant codes and regulations (such as the Building Code). Where indicated by these regulations, a development order approved by the City Manager or City Council shall be required prior to issuance of a development permit.

(b)

Development plan. For developments requiring a development plan or site plan under this Land Development Code, and for development situations specifically identified in this Code, a development plan shall be approved before a development permit may be issued.

(c)

Certificate of occupancy.

(1)

No land, water, or building, or any part thereof, shall be occupied or used until a certificate of occupancy is issued finding the use in conformity with this Code. A certificate of occupancy must comply with the terms and provisions of the approved development order and development permit, as well as with the provisions of these regulations.

(2)

No existing use of land, water, or building, or any part thereof, shall be changed to a different use classification as established in the State building code, until a certificate of occupancy is issued finding that the use as changed is in conformity with this Code.

(3)

Following a written request, a final inspection shall be made and a certificate of occupancy issued if it is found that the requirements have been met. If the certificate of occupancy is denied, a written statement shall be provided to the applicant with the reasons for refusal, citing the applicable regulations and remedy which may achieve compliance.

(4)

Where no health or safety hazard is created, a conditional certificate of occupancy may be issued prior to completion of all improvements, pursuant to Section 111 of the Florida Building Code. The conditions may include the submittal of plans and specifications for the required improvements and posting of security to ensure completion. The period for completion shall be provided in the certificate of occupancy, and shall be no more than 60 days. If the improvements are not completed within the time provided, the certificate of occupancy shall be void, and appropriate enforcement action shall be taken by the City Manager.

(d)

Issuance of development permits while amendment pending. No development permit or development order shall be issued where an amendment to this Code or the Comprehensive Plan is pending before the City Council, which amendment, if adopted, would make nonconforming the development authorized by the development order or permit.

(e)

Agreement to specific provisions. The city may enter into an agreement with a developer to establish specific provisions governing the use and development of a particular piece of land. Such agreement shall be subject to applicable provisions of law and shall comply with the following:

(1)

No provision may be included which is contrary to the adopted Comprehensive Plan or which would be tantamount to a rezoning of land.

(2)

Except where expressly provided in the agreement, no agreement shall have a term of more than five years. Agreements may individually provide for extensions to be approved by the City Council.

(3)

All Planned Unit Developments (PUDs) shall require an agreement.

(4)

Agreements may modify or limit the use and/or density provisions; may provide for extra or oversized buffers, setbacks, architecture, or landscaping; may restrict the location or design of buildings and other site features; may establish provisions for infrastructure improvements; and may establish operational restrictions on the uses within the planned development.

(f)

Sewer connection. A sewer connection for new development shall be provided when a sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and:

(1)

For a residential subdivision lot, a single-family residence, or an establishment, any of which has an estimated sewage flow of 1,000 gallons per day or less, a gravity sewer line to maintain gravity flow from the property's drain to the sewer line, or a low pressure or vacuum sewage collection line in those areas approved for low pressure or vacuum sewage collection, exists in a public easement or right-of-way that abuts the property line of the lot, residence, or establishment.

(2)

For an establishment with an estimated sewage flow exceeding 1,000 gallons per day, a sewer line, force main, or lift station exists in a public easement or right-of-way that abuts the property of the establishment or is within 50 feet of the property line of the establishment as accessed via existing rights-of-way or easements.

(3)

For proposed residential subdivisions with more than 50 lots, for proposed commercial subdivisions with more than five lots, and for areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within one-fourth mile of the development as measured and accessed via existing easements or rights-of-way.

(4)

For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within 500 feet of an establishment's or residence's sewer stub-out as measured and accessed via existing rights-of-way or easements.

(Ord. No. 01-99, §§ 1(103), 1(207), 11-3-1999)

(a)

For amendments to the text of this Code, or amendments to the city's official zoning map (rezonings) initiated by the city, notice shall include newspaper advertising and other notice required by F.S. § 166.041.

(b)

For amendments to the city's official Zoning Map (rezonings) including major amendments to a planned unit development initiated by persons or entities other than the city, the following notice shall be provided:

(1)

Newspaper advertising and other notice required by F.S. § 166.041;

(2)

At least ten days prior to each public hearing on the proposed rezoning, notice shall be sent by the applicant via certified mail to the owners of all property, and any Home Owner Associations that are within 500 feet from the boundaries of the property subject to proposed rezoning; and

(3)

At least ten days prior to each public hearing on the proposed rezoning, a sign notice shall be posted by the applicant conspicuously on the property abutting the right-of-way. For corner lots, the sign notice shall be posted conspicuously on the property abutting the principal street subject to the proposed rezoning.

(c)

For approval or for consideration by the City Council of a special exception, variance, minor amendment to Planned Unit Development or appeal, the following notice shall be provided at least ten days prior to the public hearing on the request:

(1)

A notice shall be sent by the applicant via certified mail to the owners of all property that is within 300 feet of the property subject to the request;

(2)

A sign notice shall also be posted by the applicant conspicuously on the property abutting the right-of-way. For corner lots, the sign notice shall be posted conspicuously on the property abutting the principal street subject to the request; and

(3)

A notice in a newspaper of general circulation. At a minimum the newspaper notice shall contain the nature of the request, the date, time and location of the public hearing(s) on the request, and the tax parcel identification number(s) for the property subject to the request, as required by F.S. § 166.041 as amended.

(d)

Where certified mailed notice or posting is required, notice shall at a minimum contain the nature of the request, the date, time and location of the public hearing(s) on the request and the tax parcel identification number(s) for the property subject to the request.

(e)

For the purposes of notice under this section, the names and addresses of owners of property shall be determined by the latest ad valorem tax rolls.

(f)

For Comprehensive Plan amendments, due public notice shall be provided in accordance with F.S. § 166.041 and F.S. § 163.3184.

(Ord. No. 01-99, § 1(114), 11-3-1999; Ord. No. 04-05, § 1, 2-2-2005; Ord. No. 05-09, § I, 5-6-2009; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

No development order shall be issued for any development where there is any property within the development, which is not to be conveyed to an individual, to a condominium or cooperative, or to a government agency. Where property is to be conveyed to an owners' association, the following standards shall apply:

(a)

The organization or legal entity established for the purpose of owning and maintaining common land shall be created by covenants running with the land. The documents creating such an association shall be reviewed and approved by the City Attorney prior to issuance of the development order.

(b)

No such organization shall be dissolved nor shall it dispose of any common area or facilities by sale or otherwise except to an organization conceived and organized to own and maintain such common land or facilities. The organization may offer to dedicate all such land and facilities to the city. The city may make acceptance subject to improvements which will be made before the land or facilities are transferred. If the city agrees to accept the land and facilities, the organization may be disbanded, but not before the improvements are made and the property is transferred.

(Ord. No. 01-99, § 1(210), 11-3-1999)

(a)

Procedure.

(1)

Land may be rezoned at the initiative of the property owner or other person with beneficial interest in the land as agent of the property owner. Rezoning may also be initiated by the City Council.

(2)

Any request for rezoning shall be made on forms provided by the City Manager accompanied by a letter of authorization from the property owner (if applicable), and a survey and legal description of the property to be rezoned. The City Manager will review the request (or have it reviewed) and will make a recommendation to the City Council for action.

(3)

A community meeting hosted and arranged by the applicant is required after a final recommendation has been issued by the DRC and which must be made prior to the meeting and the application shall be presented in its final form for all rezoning applications including Planned Unit Developments (PUD). The community meeting shall afford citizens and other affected parties an opportunity to discuss the applicant's proposal and express concerns, issues or problems they may have with the proposal in advance of the public hearing. Following the community meeting, the applicant shall submit a report documenting the results of the meeting. Notification of the community meeting shall be in accordance with the following.

a.

The community meeting shall be held at least ten days prior, but no more than 30 days prior to the first public hearing for the proposed ordinance.

b.

The level of citizen interest and area involvement will vary depending on the nature of the application and the project's location. The city will determine the target area for notification after consultation with the GMD and approval by the City Manager. But in no case shall the notification area for the community meeting be less than required by Sec. 3.6, Notice requirements.

c.

The applicant shall notify neighborhood and homeowner's associations within the public notice area.

d.

The applicant shall provide a list to the city of all those notified by the applicant of the community meeting.

(4)

The City Council will review the request at two public hearings as a quasi-judicial proceeding pursuant to City Resolution # 2015-21 and following public notice as required by F.S. § 166.041 and by this Code, and will approve, deny, continue, or approve with modifications.

(5)

If a request for a variance, rezoning, or special exception is denied, no substantially similar request may be considered within 180 days, unless this restriction is waived by the City Council.

(b)

Criteria for rezoning. All applications for rezoning shall be reviewed in accordance with the following criteria:

(1)

The proposal shall be consistent with the Comprehensive Plan, including proposed uses and intensity or density of use.

(2)

The establishment, maintenance, or operation of the uses permitted by the proposed rezoning shall not be detrimental to or endanger the public health, safety, or general welfare.

(3)

The uses permitted by the proposed rezoning shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the respective zoning classifications and shall be consistent with the character of the immediate neighborhood.

(4)

The establishment, maintenance, or operation of the uses permitted by the proposed rezoning shall be supported by adequate infrastructure or provisions shall be made to ensure that infrastructure is adequate when needed to serve the development.

(5)

The proposed amendment shall not qualify as spot zoning, as defined in this Code, except when necessary to initiate a rezone pursuant to Sec. 4.3.

(c)

City initiated rezoning. The city may initiate rezoning of land as provided by F.S. § 166.041.

(1)

The community meeting shall be held at least ten days prior to the first public hearing for the proposed ordinance.

(2)

The city shall notify all property owner subject to the rezoning as required by Sec. 3.6.

(3)

Due public notice shall be provided in accordance with F.S. § 166.041.

(Ord. No. 01-99, § 1(105), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 04-15, § III, 12-2-2015)

(a)

Preapplication stage. A preapplication meeting is required before a PUD rezoning application can be accepted. After the preapplication meeting, a concept plan may be submitted for review and comment prior to filing the application for rezoning.

(1)

Preapplication meeting. The preapplication meeting is intended to provide an opportunity for an informational exchange between the applicant and the administrative staff. No fee shall be charged. The applicant need not submit any plans or other information; however, the more information, such as concept plans, proposed land uses, site information, adjacent land uses, and proposed density, that the applicant does submit, the more complete the responsive comment can be. As a minimum, the applicant will be advised of the usual procedures and requirements. Forms, application materials, guidelines, checklists, and copies of the Comprehensive Plan, and of the zoning and subdivision regulations, will be made available at a reasonable cost. The applicant must formerly request a preapplication meeting on the city supplied preapplication form. The form must be signed by the City Manager, the Growth Management Director, or the City Engineer. Any casual or informative communication with staff shall not be deemed as a preapplication meeting.

(2)

Concept plan. After the preapplication meeting, a concept plan may be submitted to the GMD. If submitted, written comments on the concept plan shall be made by the GMD and any interested departments within 30 days. The GMD shall coordinate this review. If submitted, a concept plan shall indicate general land use categories and the approximate height, location, architectural character and density of dwellings, and other structures. The concept plan shall also show the tentative major street layout, approximate street widths, sites of schools, open space areas and parks, existing structures, waterways, wooded areas, wetlands, floodplain areas (if applicable), total acreage and existing zoning. Finally, it shall include a vicinity map, and any other information deemed appropriate by the applicant. Written comments on the concept plan are informational only and are subject to change after a more detailed review of the rezoning application.

(b)

RPUD application stage. An application for rezoning to RPUD, together with a master development plan (MDP) and such application fees as are set at the preapplication meeting, shall be submitted to the City Manager or his/her designee. The master development plan shall consist of a preliminary plan and a written development agreement. Those documents shall include the following information:

(1)

Preliminary plan exhibits. The preliminary plan shall consist of the following:

a.

Name of project and name, address, telephone number of the developer and the professional project engineers, architects and planners.

b.

The date the plan was drawn, its scale, and a north arrow.

c.

Names and location of adjoining streets and names of abutting property owners.

d.

Legal description of property, boundary survey and the location of all existing streets, buildings, railroads, bulkhead lines, easements, and other important features in or adjoining the property.

e.

The general topography and physical conditions of the site, including natural areas of vegetation and type, general soil types, wetland areas, 100-year floodplain areas, watercourses, water bodies, and natural drainage patterns.

f.

Conceptual configuration of proposed streets, which depict access into and traffic flow within the development, with particular reference to the separation of vehicular traffic from pedestrian or other types of traffic.

g.

General feasibility plans for potable water, sewage disposal, and stormwater drainage.

h.

Approximate location and area encompassed for each proposed land use within the development.

i.

Approximate location and size of common open space.

j.

Such additional material, maps, studies, or reports subsequently deemed necessary by any reviewing department or agency.

(2)

Written development agreement. In addition to a preliminary plan, a written development agreement shall be prepared, following a general format supplied by the GMD at the preapplication meeting. The development agreement, along with the preliminary plan, shall govern the development of the PUD and shall regulate the future use of the land. The development agreement shall include the following:

a.

Evidence of unified ownership and control.

b.

Statement agreeing to:

i.

Proceed with the proposed development according to all regulations;

ii.

Provide appropriate performance and maintenance guarantees;

iii.

Follow all other provisions of this Code to the extent not expressly inconsistent with the written development agreement, and bind the applicant's successors in title to his or her commitments.

c.

The acreage and percentage of the total land area devoted to each of the proposed land uses.

d.

Maximum density for each type of dwelling.

e.

Maximum building heights.

f.

Minimum building spacing and floor areas.

g.

Lot sizes, yard areas and buffer areas, including perimeter buffers.

h.

Statement regarding the disposition of sewage and stormwater, and arrangements for potable water.

i.

When the PUD is planned for phase development, a schedule of the phases.

j.

The proposed language of any covenants, easements or other restrictions.

k.

Maximum number of dwelling units by type.

l.

Any additional information or statements subsequently deemed necessary by any reviewing department or agency.

m.

Conditions that all provisions of the development agreement shall expire 720 days following execution of the development agreement by the city, if a subsequent development order has not been secured in writing by the applicant. Upon expiration of the agreement the zoning designation will revert to its previous designation and the PUD entitlements become null and void.

n.

Design guidelines, when the proposed BPUD, MPUD, or IPUD is located in the Form-Based Code Corridors and Nodes Overlay District and the Transit Oriented Development (TOD) Overlay District.

(c)

BPUD, IPUD or MPUD application stage. An application for rezoning to BPUD, IPUD or MPUD, together with a master development plan (MDP) and such application fees as are set at the preapplication meeting, shall be submitted to the City Manager or his/her designee. The master development plan shall consist of a preliminary plan and a written development agreement. Those documents shall include the following information:

(1)

Preliminary plan exhibits. The preliminary plan shall be drawn to an appropriate engineer's scale to include the location and boundary of the site referenced by the legal description and boundary survey; the date the plan was drawn, its scale, and a north arrow; and the name, address and telephone number of the developer and their professional project engineers, architects and planners. In addition, the preliminary plan shall include all of the following, if applicable. The PUD establishes the zoning/permitted use of property; subsections (a), (f), (h), (j) below if not known or applicable at the time of the zoning request will be provided on the preliminary plat or final site plan as appropriate.

a.

The approximate size and location of all proposed buildings and other structures, if known, and the specified use of buildings and structures may be indicated, if known.

b.

Generalized off-street parking area and loading plans, including circulation plans for vehicular movement.

c.

Driveway and access controls, including number and approximate location of driveways.

d.

Approximate location, size and description of open spaces, landscaped areas, or buffers.

e.

Approximate location and size of all easements, rights-of-way, or drainage facilities and structures.

f.

Approximate boundary lines and dimensions of parcels proposed to be subdivided, if applicable.

g.

The general topography and physical conditions of the site, including features such as water bodies, wooded areas, wetland areas, vegetation types, soils, 100-year floodplain areas, and steep grades or depressions on the site.

h.

General location of signs, if known.

i.

Approximate location of dumpsters, solid waste receptacle enclosures, etc., if known.

j.

Any other conditions of development, specifications, limitations, constraints, standards or proposed physical features not specifically included in subparagraphs a. through j. of this paragraph.

(2)

Written development agreement. In addition to a preliminary plan, a written development agreement shall be prepared, following a general format supplied by the City Manager at the preapplication meeting. The development agreement, along with the preliminary plan, shall govern the development of the BPUD, MPUD or IPUD and shall regulate the future use of the land. The development agreement shall include the following information:

a.

Evidence of unified ownership and/or control.

b.

Statement agreeing to:

c.

Proceed with the proposed development according to all regulations;

d.

Provide appropriate performance and maintenance guarantees;

e.

Following all other provisions of this Code to the extent not expressly inconsistent with the written development agreement, and bind the applicant's successors in title to their commitments.

f.

A listing of the land uses agreed upon in each component of the BPUD, MPUD or IPUD.

g.

Maximum building heights.

h.

Minimum building spacing and floor areas.

i.

Lot sizes, if known, yard areas, and buffer areas, including perimeter buffers.

j.

Statement regarding ingress/egress controls to the site.

k.

Statement regarding any road improvements to be made and the thresholds for the traffic impact analysis.

l.

Statement regarding the disposition of sewage and stormwater, and arrangements for potable water.

m.

When the BPUD, MPUD or IPUD is planned for phased development, a schedule of the phases.

n.

The proposed language of any covenants, easements or other restrictions.

o.

Maximum amount of square footage by use.

p.

Any additional information or statements subsequently deemed necessary by any reviewing department or agency.

q.

Condition that all provisions of the development agreement shall expire 720 days following execution of the development agreement by the city, if a subsequent development order has not been secured in writing by the applicant. Upon expiration of the agreement the zoning designation will revert to its previous designation and the PUD entitlements become null and void.

r.

Design guidelines, when the proposed BPUD, MPUD, or IPUD is located in the Form-Based Code Corridors and Nodes Overlay District and the Transit Oriented Development (TOD) Overlay District.

(d)

Post-approval stage.

(1)

Recording MDP. After City Council approval of the rezoning application to PUD, the preliminary plan, and the written development agreement, both signed by the Mayor, and attested by the City Manager, shall be recorded in the public records of the County at the expense of the applicant.

(2)

Final site plan approval. After the MDP is recorded, a final site plan shall be prepared and submitted in the manner required by this Code. If the PUD includes a subdivision required to comply with this Code, preliminary and final plats of the subdivision portion may be submitted in lieu of the final site plan, for review and approval as governed under this Code.

(3)

Construction. During construction, the City Manager shall enforce compliance with the approved final site plan or the final plat.

(4)

Legally existing PUDs. Residential Planned Unit Developments (RPUDs), Business Planned Unit Developments (BPUDs), and Industrial Planned Unit Developments (IPUDs) which were in existence prior to October 27, 1990, shall continue in the manner approved by the County Council. To the extent of any specific amendment to these aforesaid PUDs, said amendment must comply with the requirements of this chapter. Terms previously used in said PUDs may continue to be employed.

(a)

After approval of a Planned Unit Development and its corresponding development agreement and master development plan, the city may issue development permits which are consistent with the approved Planned Unit Development until its expiration specified in the development agreement. The City Council may grant extensions to a Planned Unit Development and its corresponding development agreement and master development plan.

(b)

Subsequent to the approval of the planned unit development, the City Council may approve minor modifications of the Planned Unit Development as long as the modification requested is not contrary to the specific provisions of the PUD ordinance. Minor modifications are those for which:

(1)

The proposed site alterations must not increase the building size more than 10% of the gross floor area of all buildings within the development.

(2)

The proposed site alteration must not adversely affect traffic circulation on- or off-site.

(3)

The proposed site alterations must not have a significant impact upon the utility system.

(4)

The proposed site alterations must comply with all codes, rules, and regulations of the City, County, State and Federal governments, and must not require variances.

(5)

The proposed modification must not increase the maximum density of development.

(6)

The proposed modification does not change permitted uses or special exception uses.

(c)

Requests for modifications to a planned unit development which meet the standards of subsection (b) may be adopted by resolution of the City Council after one public hearing and notice as provided in accordance with Sec. 3.6. After City Council approval of a minor amendment, the adopted resolution along with its corresponding revisions to the development agreement and master development plan shall be recorded in the public records of Volusia County, Florida, at the expense of the applicant.

(d)

Requests for modifications which do not meet the standards in subsection (b) shall be reviewed and processed in the manner provided for new planned unit development applications, as provided for in Sec. 3.8 and 3.9 of this Code.

The City Council may grant a variance from the strict application of a provision of this Code if the effect of the variance is in harmony with the general purpose and intent of the Comprehensive Plan and with these regulations and standards and where the City Council, pursuant to City Resolution # 2015-21, makes findings of fact, based on the standards hereinafter described, that there are practical difficulties or particular hardships in carrying out the strict letter of the regulation or regulations.

(a)

Procedure. Any person desiring to make improvements to property or to erect any structure not in conformance with the regulations or standards in this Code shall apply for a variance. Consideration of a request for a variance by the City Council shall be a quasi-judicial action and shall be considered after due public notice. Public notice shall include newspaper advertising as required by State law and Sec. 3.6.

(b)

Limitations on granting variances. The City Council shall not vary the provisions of this Code unless it includes within the record of its action findings based upon the evidence presented to it in each specific case that all of the following conditions are met:

(1)

The particular physical surroundings, shape, topographical conditions, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

(2)

The conditions upon which the request for a variance is based are unique to the parcel and would not be applicable, generally, to other property within the vicinity.

(3)

The plight of the landowner is due to unique circumstances and not the result of his or her own action or failure to act.

(4)

The variance, if granted, will be the minimum variance necessary to accomplish the objectives and will not alter the essential character of the area.

(5)

The purpose of the variance request is not based exclusively upon an economic hardship.

(6)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

(7)

The proposed variance will be consistent with the provisions of the Comprehensive Plan and the purposes of this Code.

(c)

Conditions. In giving development order approval of a variance, the City Council may impose such conditions and restrictions as may be necessary to comply with the standards of this Code to reduce or minimize the injurious effects of such variance upon other property in the vicinity and so as to carry out the intent and purposes of this Code and the Comprehensive Plan. Such conditions shall conform to the limitations set out in this Code and shall be enforceable as are any other provisions of this Code.

(d)

Expiration. The activity permitted by a variance shall be commenced within the valid period of the issued development order.

(e)

Administrative variances. The City Manager shall have the power to grant approval of an application for an administrative variance. An administrative variance may only modify setbacks, buffer widths, yard dimensions, height or floor area when the variance requested is equal to or less than 10% of the required setback, buffer width, yard dimensions, height or floor area requirement. If the City Manager denies an application for an administrative variance, an appeal may be submitted to City Council in accordance with Sec. 3.13 of this Code.

(Ord. No. 01-99, § 1(107), 11-3-1999; Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

Certain uses or development situations are "special exceptions." These uses or development situations are generally permitted in the zoning classification indicated, but may involve consideration of special circumstances or factors to determine that they are appropriate to the specific location and property. These uses may also require additional conditions to be imposed to ensure compatibility with the surrounding area and consistency with the overall objectives of this Code and the Comprehensive Plan. Uses permitted by special exception shall be reviewed by the City Council pursuant to City Resolution # 2015-21.

(a)

Procedure for review of special exception.

(1)

A request for approval of a special exception shall be filed with the City Manager or his or her designee. The request may be filed and processed in conjunction with any other request, such as a request for a change of zoning. The request shall be accompanied by a development plan for the project, unless it is determined by the City Manager that the nature of the request and the issues involved are not appropriate for development plan review.

(2)

In considering a request for a special exception, the City Council shall evaluate the criteria as they relate to the specific use requested and the specific location of the proposed special exception.

(b)

Criteria for special exceptions. All applications for special exceptions shall be reviewed and approved in accordance with the following criteria:

(1)

The proposal shall be consistent with the Comprehensive Plan.

(2)

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare.

(3)

The proposed use shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the respective zoning classifications and shall be consistent with the character of the immediate neighborhood.

(4)

Adequate measures shall be taken for ingress, egress and parking in a manner consistent with traffic operations and safety.

(5)

The proposal shall not have a substantial adverse effect on any known archaeological, historical, or cultural resource located on or off the site.

(6)

The proposed design shall minimize adverse effects of the use on adjacent property, including visual impacts.

(7)

Adequate provision shall be made for buffers, landscaping, public open space, and other improvements necessitated by the proposal.

(8)

The use shall meet the lot and building requirements of the zoning classification in which it is located. A special exception shall meet any specific requirements identified in this Code and no variance shall be granted from these requirements.

(9)

The use shall comply at all times with the approved development plan, and any conditions imposed for establishment and operation of the use.

(c)

Imposition of conditions. In approving a special exception, the City Council may impose such additional reasonable conditions for establishment and operation of the use, including but not limited to:

(1)

Hours of operation of the use.

(2)

Restraints to minimize environmental effects such as noise, vibration, air pollution, glare, and odor.

(3)

Special yard or other open space, lot area, or dimension requirements exceeding the requirements of the applicable zoning classification.

(4)

Height, size, or location limitations on buildings or other structures.

(5)

Increase of the required amount of street dedication, roadway width, or improvements within the street right-of-way.

(6)

Regulation of the size, location, screening, drainage, surfacing, or other improvement of a parking or truck loading area, and control of traffic generation or circulation.

(7)

Regulation of the number, size, location, height, or lighting of signs.

(8)

Regulation of the location, intensity, and shielding of outdoor lighting.

(9)

Berming, screening, landscaping, or other measures to protect adjacent or nearby property, including standards for installation and maintenance.

(10)

Regulation of the size, height, location, or materials for a fence or wall.

(11)

Regulations to protect existing trees, vegetation, water resources, wildlife habitat, or other significant natural resources.

(12)

Consideration of the size, style, history, and appearance of a structure to ensure architectural compatibility with other structures in the district except for single and two-family dwelling units.

(d)

Previously approved special exceptions. It is the intent of this Code that any use or situation approved as a special exception prior to the effective date of this Code shall continue to be valid unless the use or situation is abandoned for more than 180 days based on utility records and/or occupancy or a change is requested. Any change shall be processed as a new request for a special exception under the provisions of this Code. The use or activity permitted under a special exception shall be commenced within the valid period of the issued development order.

(Ord. No. 01-99, § 1(108), 11-3-1999)

(a)

Purpose of Planning and Zoning appeals requirements.

(1)

This section is established to provide a procedure for the hearing and decision of appeals to certain determinations made under this chapter by the City Manager or the GMD and their designees.

(b)

Authorization.

(1)

An appeal may be brought by an applicant or owner of property or their designated agent subject to the action being appealed, the City Council acting as a body, and/or an aggrieved or adversely affected person.

(2)

Matters subject to appeal. Any decision or interpretation of the provisions or requirements of this Code made by the City Manager or the GMD may be appealed. Such appeal shall describe the decision or interpretation being appealed and the nature of the proposed correct decision or interpretation. Where the City Manager or GMD has delegated or assigned a responsibility or duty to another employee or another party (including an assignment under a contract to provide administrative services), an appeal may be taken from an action of that other party to the City Manager and, subsequently, to the City Council under this section.

(3)

An action by the City Manager or GMD approving, approving with conditions, or denying an application for a development order may be appealed. Such appeal shall state the basis for the appeal, including reference to specific provisions of the Comprehensive Plan, applicable laws, or this Code, with which the action is alleged to be inconsistent.

(c)

Matters which may/may not be appealed. The validity of language of any section or provision of this Code may not be appealed—only the application of that language to a specific situation or circumstance. No requirement which is a requirement of or is directly based on and/or made directly pursuant to a requirement of the County, the State, or any federal or regional agency may be appealed. No provision or requirement of the Comprehensive Plan may be appealed; however, an interpretation of the meaning of a plan provision may be appealed to the extent that it affects a decision or action under this Code.

(d)

The appeal review process.

(1)

Initiation. An appeal may be brought by an applicant or owner of property subject to the action being appealed and/or an aggrieved or adversely affected person.

(2)

Time limit for filing. The appeal shall be taken within ten business days after rendering in writing of the order, requirement, decision, or determination appealed from by filing with the administrative official from whom the appeal is taken, a written notice of appeal specifying the grounds thereof. Where the provisions of this Code do not require a written statement or action as part of the decision process, and in order to establish a basis for appeal, the person making the appeal may request a written statement from the City Manager making a formal decision or interpretation as it applies to the property or situation involved in the appeal, in which case the appeal shall be filed within ten business days after the issuance of such written statement.

(3)

Stay of work and proceedings on appeal. When an appeal has been filed with the administrative official, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official from whom the appeal was taken shall certify to the reviewing authority that by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the reviewing authority, or by a court of record.

(4)

Transmittal of the record. The administrative official from whom the appeal is taken shall transmit to the appropriate reviewing authority all papers, documents and maps constituting the record of the action from which the appeal is taken.

(5)

Appeal of authority's decision (administrative). Any action by the City Manager, GMD, or other administrative official in approving, approving with conditions, or denying an application for development approval may be appealed to City Council. Any action of the City Manager, GMD, or other administrative official in approving or denying an action prescribed by this Code or in taking or failing to take an action under the provisions of this Code may be appealed to City Council.

a.

The appeal shall be considered by the City Council at a regular or special meeting within 60 days of the City Manager's receipt of a timely filed petition.

b.

In considering an appeal, the City Council will conduct a public hearing with public notice. The Mayor or presiding officer may administer oaths and compel the attendance of witnesses. The City Council may reverse or affirm, wholly or partly, or modify any order, requirement, decision, or determination within its jurisdiction and may make such order, requirement, decision, or determination as ought to be made. Consideration of an appeal by the City Council shall be a quasi-judicial action.

c.

Action to reverse or modify any order, requirement, decision, or determination under this Code, or to decide in favor of the applicant on any matter upon which it is required to act, or to effect any variation from these regulations, shall require the concurring vote of the majority of the entire Council.

(6)

Appeal of authority's decision (quasi-judicial hearing). Any action by the City Council in approving, approving with conditions, or denying an application for development approval may be appealed to court under the applicable provisions of State law. Any action of the City Council in approving or denying an action prescribed by this Code or in taking or failing to take an action under the provisions of this Code may be appealed to court under the applicable provisions of State law.

It is the intent of the city, however, that reasonable effort will be taken to resolve disputes through the dispute resolution processes established by State law and by the city's adopted Comprehensive Plan.

(e)

Effect of decision on an appeal.

(1)

All decisions of the City Council are expressly conditioned upon the appellant or applicant obtaining the permit requested, or complying with such other order, and beginning construction within one year from the date of the decision. If compliance with all requirements has not been made and the permit has not been issued within one year, then the permit shall expire. Extensions may be granted by the City Council, provided that extensions shall not exceed one year.

(2)

Upon denial of a request, an applicant may not apply for the same relief or relief of the same condition until 180 days after the date of final action.

(a)

General provisions.

(1)

The purpose of the concurrency management system is to meet the legal requirement that no development be permitted unless the public facilities necessary to support the development are in place with adequate capacity to serve the development or will be in place when needed by the development.

(2)

It is the intent of this Code that the provisions of this section will not be applied in such a way as to deprive the owner of property from the reasonable beneficial use thereof.

(b)

Determination and offsetting of impact on public services and facilities of the city.

(1)

Procedure. During the review of an application for a development order or development permit, a determination will be made by the city according to policies set out in the Comprehensive Plan and this Code as to the environmental, physical and fiscal impact of the development on the public services and facilities of the city as set forth in this section and the Comprehensive Plan and the measures necessary to offset said impacts.

a.

The determination of impact will use the best available information and will be based upon the maximum impact of the proposed development as generated from the submitted application for a development order or development permit. The applicant is encouraged to provide any information in addition to required submittals that will assist in more accurately determining impact.

b.

The measures necessary to offset the impact of the proposed development shall be as set out in this section.

(2)

Availability of the stormwater management system. The proposed development shall be designed to provide for the construction and maintenance of a stormwater management system, which conforms to the standards of Chapter 10 of the Comprehensive Plan, and any other governmental agency having jurisdiction over the area.

(3)

Availability of the potable water system. The availability and capacity of the potable water system shall be as provided in this Code and the Comprehensive Plan.

(4)

Availability of the sanitary sewer system. The availability and capacity of the sanitary sewer system shall be as provided in this Code and the Comprehensive Plan.

(5)

School system sites in new residential development. In order to provide for lands to be used to meet the need for school sites created by new residential development, a developer may dedicate land to the County school board of suitable size, dimension, soil type, topography and general character to meet the need for school sites created by the development or as required by the Comprehensive Plan or Volusia County Public Schools (VCPS).

(6)

Availability of solid waste facilities. The availability and capacity of solid waste facilities shall be as provided in this Code and the Comprehensive Plan.

(7)

Traffic impact analysis methodology and requirements. A traffic impact analysis (TIA), preceded by a written methodology statement for review and approval by the City Traffic Engineer, shall be provided with all development applications subject to concurrency review. Please also see the City's Mobility areas and requirements for applicability. The TIA shall follow the report requirements of the document entitled Transportation Impact Analysis (TIA) Guidelines — For Development Applications Requiring a TIA Within the River to Sea TPO Metropolitan Planning Area, Dated June 22, 2016, as approved by the River to Sea Transportation Planning Organization (R2CTPO) as amended from time-to-time, and adopted here by reference as an administrative requirement.

a.

Thresholds for traffic impact analysis report. A transportation impact analysis report shall be required, unless waived by the City Traffic Engineer, for any use which, according to the Institute of Transportation Engineers Trip Generation Manual, latest edition, rates published by the Florida Department of Transportation or rates documented by study and agreed to prior to use by the City Traffic Engineer, will generate the following:

1,000 or more two-way daily external trips on a weekday; or,

100 or more peak hour two-way external trips.

Developments generating less than 1,000 two-way daily external trips or 100 peak hour two-way external trips may also be required to submit a TIA if determined necessary by the Development Review Committee and/or the City Traffic Engineer.

b.

The applicant submitting the TIA for city approval shall adhere to and be responsible for the provision of all notification requirements, and those associated costs, as specified within the adopted TIA and city development and level of service standards.

(8)

Recreation LOS. The availability and capacity of parks and recreation system shall be as provided in this Code and the Comprehensive Plan.

(Ord. No. 01-99, § 1(209), 11-3-1999)

(a)

Adequate school capacity required for permit approval. The city shall coordinate with VCPS to determine if adequate school capacity exists and to determine if mitigation strategies are needed to accommodate an increase in residential density. In making such determination, the city is entitled to rely on VCPS's certification of adequate or inadequate capacity as competent, substantial evidence that the affected public school or schools can or cannot accommodate the additional students resulting from the increase in residential density. However, the following exceptions to this section apply:

(1)

This section shall not apply to a development permit or Comprehensive Plan amendment with a de minimis impact. Such a development permit, its functional equivalent, or Comprehensive Plan amendment shall be presumed not to create an adverse impact on any affected public school.

(2)

This section shall not apply to a development permit, Comprehensive Plan amendment, or administrative rezoning that does not increase actual residential density, but merely makes the zoning classification or category representative of the preexisting development and preexisting residential density in the area.

(3)

The city may, with written approval of VCPS and the consent of the applicant, elect to defer consideration of school capacity from adoption of Comprehensive Plan amendment for a property until such time as the city considers a development permit for the property.

(4)

If permitted by applicable law, if no interlocal agreement is yet in place between the city and the school board as provided for in this section, or VCPS otherwise fails to provide the city with school capacity reports or other information, then the city may base its determination of the adequacy of school capacity on the best available information and data as procured from and provided by the school board, applicant, and/or other credible sources.

(b)

Interlocal agreement; minimum requirements. The city shall negotiate with the school board to reach an interlocal agreement regarding school capacity, which shall include, at a minimum, the following:

(1)

All the elements of an interlocal agreement required by F.S. § 163.3177(6)(h)1. and 2., 163.31777(2), and 163.3180(6).

(2)

The school board shall respond to the city's request for a school capacity report within an agreed-upon time period.

(3)

If the school capacity report indicates that there is insufficient capacity, and the applicant requesting the development permit or Comprehensive Plan amendment proposes a capacity enhancement agreement, the school board shall approve or deny the capacity enhancement agreement within an agreed-upon time period. Approval by the school board of a capacity enhancement agreement shall constitute its certification that sufficient school capacity will exist to handle the additional students generated by the proposed development permit or Comprehensive Plan amendment and that such capacity is based on an educationally sound plan.

(4)

The capacity enhancement agreement shall take into account the time at which school capacity will be available.

(5)

The school board shall use funds collected pursuant to a capacity enhancement agreement to provide school capacity to serve the students of the city.

(6)

A school board certification of insufficient school capacity when an applicant has made a capacity enhancement proposal shall require the school board to demonstrate that it has considered options to mitigate the impacts created by issuance of a development permit or approval of a Comprehensive Plan amendment.

(7)

That any provisions within the agreement for certification of school capacity will be superseded by any valid, future, countywide interlocal agreement for school concurrency which is also applicable within the city and adopted pursuant to general law, but only superseded to the extent of direct conflicts between the agreements.

(c)

Multijurisdictional participation. The County, along with the city and the school board, may be a party to the interlocal agreement regarding school capacity. Any other municipality within the County may request to be a party to the interlocal agreement regarding school capacity. To the extent that negotiations with individual cities are successful, they may be parties to the interlocal agreement regarding school capacity. To the extent that negotiations with individual municipalities, as well as the County, are unsuccessful, they will not be parties to the interlocal agreement regarding school capacity.

(d)

Effect of failure to join; optional parties. The failure of any other municipality or local government, including the County, to enter into the interlocal agreement regarding school capacity will not prevent the execution and implementation of the interlocal agreement regarding school capacity between the city and the school board.

(e)

Effect of school board's failure to join or provide timely certification. This section recognizes the autonomy of the County school board as a sovereign entity. The provisions of this section shall be effective immediately upon the city's adoption of the ordinance creating said section. In the event the County school board and the city do not approve the interlocal agreement referenced in subsection (c) of this section, or the County school board fails to timely provide the city with school capacity reports or other information contemplated by this section, the city shall make the determination on school capacity required by this section based on information the city deems sufficient.

(f)

Effect of implementation of countywide school concurrency. This section will be superseded by any valid, countywide, interlocal agreement for school concurrency adopted by this city as required by general law, but only to the extent that said school concurrency agreement conflicts with this section.

(g)

Effect of maximum densities under the Comprehensive Plan. The maximum density established by the Comprehensive Plan Future Land Use Map, or an amendment thereto does not absolve a development permit applicant from meeting this section. For the issuance of development permits, the city may require and approve less density than the maximum density established by the Comprehensive Plan Future Land Use Map on the basis of lack of public school capacity.

(Ord. No. 28-06, § I, 12-6-2006)

(a)

Purpose. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share program, as required by and in a manner consistent with F.S. § 163.3180(5) and the Transportation Impact Analysis (TIA) Guidelines established by the River to Sea Transportation Planning Organization adopted on June 22, 2016, as amended.

(b)

Applicability. The proportionate fair-share program shall apply to any development project in the city where the project's traffic impact study or the city's traffic engineer determines that there is insufficient capacity on one or more roadway segments to satisfy the development project's transportation concurrency requirements including transportation facilities maintained by the Florida Department of Transportation (FDOT) or Volusia County that are relied upon for transportation concurrency determinations, except those developments subject to the Mobility Fee Area. The proportionate fair-share program does not apply to developments of regional impact (DRIs) using proportionate fair share under F.S. § 163.3180(5), or to developments exempted from concurrency under F.S. § 163.3180.

(c)

General requirements.

(1)

An applicant whose project meets the criteria of subsection (b) of this section may choose to satisfy transportation concurrency requirements by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the Comprehensive Plan, applicable land development regulations, and the adopted Long-Range Transportation Plan (LRTP) of the River to Sea Transportation Planning Organization, as amended.

b.

The five-year schedule of capital roadway improvements in the city's Capital Improvements Element (CIE) of the City's Comprehensive Plan includes one or more transportation improvements that, upon completion, will provide sufficient capacity for the deficient segments to accommodate the traffic generated by the proposed development.

(2)

The city may choose to allow an applicant to satisfy transportation concurrency for a deficient roadway segment as identified by the city through the proportionate fair-share program by the developer contributing to an improvement that, upon completion, will create additional capacity on the deficient segment sufficient to accommodate the additional traffic generated by the applicant's proposed development even if the improvement project for the deficient segment is not contained in the five-year schedule of capital improvements in the CIE where:

a.

The DeBary City Council holds an advertised public hearing to consider the proportionate share agreement and corresponding future changes to the five-year CIE.

b.

The city adopts, by ordinance, an amendment adding the improvement to the five-year schedule of capital improvements in the CIE. To qualify for consideration under this section, the proposed improvement must be reviewed by the DeBary City Council, and determined to be consistent with the Comprehensive Plan, and in compliance with the provisions of this section.

c.

Any improvement project proposed to meet a developer's fair-share obligation must meet design standards of the City and County for arterials and those of the Florida Department of Transportation (FDOT) for the State highway system.

(d)

Agreement process.

(1)

Upon identification of a lack of capacity to satisfy transportation concurrency, a development application entity (applicant) may choose to satisfy transportation concurrency through the proportionate fair-share program by entering into a proportionate fair-share agreement with the city.

(2)

Prior to submitting a proportionate fair-share agreement, the applicant shall attend a preapplication meeting with city planning and traffic engineering staff to discuss eligibility, submittal requirements, potential mitigation options, and related issues. Volusia County and the Florida Department of Transportation (FDOT) will be notified and invited to participate in the preapplication meeting.

(3)

Proportionate fair-share agreements shall include the following exhibits:

a.

Name, address, and phone number of owner(s), developer and agent;

b.

Property location, including parcel identification numbers;

c.

Legal description and survey of property;

d.

Project description, including type, intensity, and amount of development;

e.

Phasing schedule, if applicable;

f.

Description of requested proportionate fair-share mitigation method(s);

g.

Copy of concurrency application;

h.

Copy of the project's traffic impact statement (TIS) or traffic impact analysis (TIA); and

i.

Location map depicting the site and affected road network.

(4)

Within ten business days, city planning staff shall review the submission and certify that the submission is sufficient and complete. If a submission is determined to be insufficient, incomplete, or inconsistent with the general requirements of the proportionate fair-share program as indicated in subsection (c) of this section, then the applicant shall be notified in writing of the reasons for such deficiencies within ten business days of submittal of the submission. If the applicant does not remedy such deficiencies within 30 days of receipt of the written notification, then the submission shall be deemed abandoned. The City Manager may, in his/her discretion, grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to affect a cure.

(5)

Pursuant to F.S. § 163.3180(5), proposed proportionate fair-share mitigation for development impacts to facilities on the strategic intermodal system (SIS) requires the concurrence of the FDOT. If an SIS facility is proposed for proportionate share mitigation, the applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.

(6)

When a submission is deemed sufficient, complete, and eligible, a proposed proportionate fair-share obligation and binding agreement will be prepared by the city, or the applicant with direction from the city, and delivered to the appropriate parties for review. Copies of the agreement shall be provided to FDOT and Volusia County for any fair-share mitigation related to their respective thoroughfare facilities.

(7)

The city shall notify the applicant regarding the date of the DeBary City Council meeting at which the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the DeBary City Council.

(e)

Determining proportionate fair-share obligation.

(1)

Proportionate fair-share mitigation for concurrency impacts may include, separately or collectively, private funds, contributions of land, and construction and contribution of facilities as provided in F.S. § 163.3180(5).

(2)

A development shall not be required to pay more than its proportionate fair share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ based on the form of mitigation as provided in F.S. § 163.3180(5).

(3)

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(5)(h)2.a.

(4)

For purposes of determining proportionate fair-share obligations, the city shall determine improvement costs based upon the actual and/or anticipated costs of the improvement in the year that construction will occur. The City Engineer will determine these costs.

(5)

If the city has accepted an improvement project proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the City Engineer or other method approved by the City Manager.

(6)

If the city has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the nonsite-related right-of-way shall be valued on the date of the dedication at 120% of the most recent assessed value by the Volusia County Property Appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the city and at no expense to the city. Said appraisal shall assume no approved development plan for the site. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the city at no expense to the city. If the estimated value of the right-of-way dedication proposed by the applicant (based on a city-approved appraisal) is less than the city estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. If the estimated value of the right-of-way dedication proposed by the applicant (based on a city-approved appraisal) is more than the city estimated total proportionate fair-share obligation for the development, then the city must pay the difference.

(f)

Proportionate fair-share agreements.

(1)

Upon executing a proportionate fair-share agreement (agreement) and satisfying other concurrency requirements, an applicant shall receive a certificate of concurrency (or its successor upon amendment of initial concurrency regulations). Should the applicant fail to apply for building permits or final plat within the timeframe provided for in the city's concurrency certificate, then the project's concurrency vesting shall expire, and the applicant shall be required to reapply. Once a proportionate share payment for a project is made and other impact fees for the project are paid, no refunds shall be given. All payments, however, shall run with the land.

(2)

Payment of private funds, contributions of land, and construction and contribution of facilities as provided in F.S. § 163.3180(5) of proportionate fair-share requirements for a project and shall be due and must be paid or completed prior to the issuance of a building permit or recording of a final plat. If payment is submitted more than 12 months from the date of issuance of the certificate of concurrency, then the proportionate fair-share mitigation shall be recalculated at the time of payment and shall be subject to approval of the City Engineer.

(3)

All developer improvements accepted as proportionate fair share contributions must be completed within three years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement and be accompanied by a performance bond that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed within three years of the issuance of the first building permit for the project which is the subject of the proportionate fair share agreement.

(4)

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must occur prior to the issuance of a building permit or approval of a final plat.

(5)

Any requested change to a development project subsequent to issuance of a development order shall be subject to additional proportionate fair-share contributions to the extent the change would increase project costs or generate additional traffic that would require mitigation.

(6)

Applicants may withdraw from a proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the city are nonrefundable.

(7)

The city may enter into proportionate fair-share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility.

(g)

Appropriation of fair-share revenues.

(1)

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city's Capital Improvements Element, or as otherwise established in the terms of the proportionate fair-share agreement. Proportionate fair-share revenues may also be used as the 50% local match for funding under the FDOT Transportation Regional Incentive Program (TRIP).

(2)

In the event a scheduled facility improvement is removed from the CIE, then the proportionate fair-share revenues collected for its construction may be applied toward the construction of alternative improvements within that same corridor or sector where the alternative improvement will mitigate the impacts of the development project on the congested roadway(s) for which the original proportionate fair share contribution was made.

(Ord. No. 27-06, § I, 12-6-2006)

(a)

Purpose. The purpose of this section is to:

(1)

Provide for the applicability, approval and issuance of development orders and development permits to ensure that all of the provisions of this Code are complied with, to ensure the installation of required improvements;

(2)

Provide for public services, road maintenance agreements and facilities agreements; and

(3)

Provide an appeal process.

(b)

Applicability. No person shall undertake the development of land in the city except pursuant to a valid development order or development permit issued under this Code unless specifically exempted as provided by this Code. All development shall meet the requirements of this Code prior to the approval and issuance of any development order or development permit, unless specifically exempted from the requirements of this Code by provisions set forth herein, or one or more such requirements are waived in accordance with provisions set forth herein.

(c)

Approving authority. The Development Review Committee shall make a recommendation to City Council for approval, approval with conditions or denial of all applications for which the City Council makes a final decision. The Development Review Committee shall have authority to approve, approve with conditions or deny a development order for a final site plan and a preliminary plat and construction plan meeting the definition of this Code except as otherwise provided herein. All development order approvals and approvals with conditions for final site plans and preliminary plats and construction plans by the Development Review Committee must have a final signature of approval by the City Manager or the GMD before such are deemed issued. Final site plans and preliminary plat and construction plans shall not require City Council approval if a development order on such is issued after approval or approval with conditions by the Development Review Committee unless an appeal of a Development Review Committee decision is brought in accordance with the appeal provisions in this Code. The Development Review Committee, on their own motion and for cause, may continue consideration of an application to a subsequent meeting.

(d)

Issuance of development orders and development permits. A development order, upon issuance, shall authorize continuation to the next step in a development review process. A development order, upon issuance, shall authorize issuance of appropriate development permits. A development permit, upon issuance, shall authorize commencement of construction of the work covered by the scope of the permit. No development or construction shall commence unless a valid development order or development permit has been issued as provided by this Code. All development or construction commenced pursuant to a valid development order or development permit shall be completed in a manner which is consistent with the approved development order or development permit.

(e)

Installation of improvements. All improvements required to be installed, constructed or provided by the developer as a condition to the approval of a development order shall be installed and completed or guaranteed as specified in Sec. 3.33.

(f)

Public services, road maintenance agreements and facilities agreements. In order to further the purposes of this Code regarding the provision of public services, road maintenance and facilities to a proposed development, the city shall enter into an agreement with the developer of the proposed development which will provide a means to:

(1)

Ensure the certainty of providing public services and facilities for the proposed project;

(2)

Ensure the provision of public services and facilities to other developments in the vicinity of the proposed development;

(3)

Allocate the costs of providing public services and facilities;

(4)

Allocate the capacities of the public services and facilities;

(5)

Determine the responsibilities for construction and maintenance of the public services and facilities;

(6)

Provide a road maintenance agreement applicable to the development roadways, both public and private, for all new development projects clarifying pertinent elements, limits, operation, and maintenance responsibilities. The agreement shall be provided at the respective preliminary plat and construction plan or final site plan process and may be part of a Developer's Agreement or stand-alone document. The agreement shall be approved by the City Council when the development order is approved.

(Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 03-16, Exh. A, 1-20-2016)

An application for a development order shall be reviewed by the Development Review Committee in accordance with Sec. 3.4. No application for a development order shall be approved which does not comply with the following:

(a)

The City Comprehensive Plan.

(b)

The City Land Development Code.

In order to meet the purpose of development plan review and the provisions of this Code, the following factors will be considered by the City Council in the review and approval of a development plan:

(a)

Plans must meet all Land Development Code requirements. Any variances or waivers necessary must be identified and approved prior to or in conjunction with the approval of the development plan.

(b)

The relationship the proposed development would have to adjacent properties, the impact the development would have on the immediate neighborhood, and the compatibility of the proposed development with the city's adopted Comprehensive Plan, including any development standards contained therein.

(c)

Ingress and egress to the site, compatibility with road improvement plans, vehicular and pedestrian safety, traffic flow and traffic control on public streets, maneuverability of vehicles, conflict points, provisions for service drives, adequacy of parking and loading areas (including number of parking spaces), servicing of utility areas by vehicles, access by emergency vehicles, and cross visibility.

(d)

The method of storm drainage on the property and the effect of proposed site alterations on drainage of adjacent properties, public drainage systems, the retention of stormwater, drainage to landscaped areas, the water table, flood hazard areas, and protection of water bodies from pollution.

(e)

Preservation of exceptional tree specimens and as many healthy trees as possible, the location and quality of landscaped and open areas, and the preservation or installation of buffer and screening areas.

(f)

Siting of and efforts to provide open spaces as well as recreational facilities for residents of the development where appropriate.

(g)

Utility tie-in locations, existing water and sewer facilities, offsite utility improvements, impact on water and sewer treatment capacities, supply capabilities, and pressure, and the necessity for and location of fire hydrants on- or off-site.

(h)

Internal circulation and parking with reference to pedestrian and vehicular safety, maneuverability of vehicles, prevention of points of vehicular conflict, wheel chair ramps, marking of drives and parking bays, cross visibility, drop-off points, adequacy of parking count, parking spaces for the handicapped, and accessibility of firefighting equipment and personnel, applying the infrastructure, public improvement, and utility requirements of this Code.

(i)

General site arrangement, amenities, and convenience with particular reference to insuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be so at variance with other development so as to cause substantial depreciation of property values.

(j)

The use and development depicted in the development plan shall meet all city minimum environmental standards as set forth in this Code.

(k)

Other standards appropriate to the use and scale of the development proposed.

(Ord. No. 01-99, § 1(203), 11-3-1999)

It is the intent of this Code that the subdivision plat review process and platting process shall meet the requirements of F.S. Chapter 177, Part 1.

(1)

Applicability. These provisions shall apply to the review of any plat of subdivisions of any land within the city, which plat is to be recorded in the public records of the County. Submission, review, and approval of a plat shall be required for the division of any lot or parcel of land. Previously recorded and unrecorded subdivisions are hereby approved except as determined not exempt or vested by the procedures set forth in these regulations. Approval for the realignment or change of any lot or boundary shall be as set forth by these regulations.

(2)

Submittal requirements. Submittal and review of preliminary and final subdivision plats shall be as provided in this Code.

(3)

Procedure. Prior to recording of any final subdivision plat, such plat shall be submitted to the City Council for approval. The plat shall be reviewed and approved by the Development Review Committee as meeting all applicable requirements of this Code and other regulations. The Mayor shall then sign the plat to indicate that it has been approved.

(Ord. No. 01-99, § 1(206), 11-3-1999)

(a)

Filing.

(1)

All applicants for an FSP may first submit a conceptual site plan application (CPS) to the GMD.

(2)

The GMD shall, within three working days of acceptance of the application, review the application for conformity with this Code and other development regulations and notify the applicant in writing of the results of the review.

(b)

Procedures. An application for a CPS may be filed and processed pursuant to Sec. 3.4 and 3.18.

(c)

Required submittals. A CPS application shall include the following:

(1)

Conceptual site plan application.

a.

Statement of ownership of the proposed development, and the names, addresses and telephone numbers of the developer and any project engineers, architects or planners;

b.

Legal description;

c.

Current zoning classification;

d.

Schematic representation of proposed use, including building size, shape and location on the site;

e.

Schematic representation of vehicular circulation within the site, including driveways, parking areas and loading areas;

f.

Schematic representation of points of connection to the public rights-of-way;

g.

Location of landscaping;

h.

Location of floodplains and wetlands;

i.

Location of signage, if applicable;

j.

Data on density/intensity; and

k.

Number of dwelling units for multi-family residential projects.

(Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(a)

Approval required. Unless otherwise stated in this Code, granting of a final site plan (FSP) development order is required prior to the issuance of any development permit allowing the commencement of site construction of commercial, industrial, other non-residential developments except as exempt herein, and multi-family development in the city.

(b)

Procedures. An application for an FSP shall be filed and processed pursuant to Sec. 3.4 and 3.18.

(c)

Exempt development. The following activities shall not require compliance with this article, but may be subject to other articles of this chapter:

(1)

Construction of a single-family home and customary accessory structures on an existing single-family zoned lot.

(2)

Construction of a single duplex or triplex and customary accessory structures on an existing duplex or triplex zoned lot.

(3)

The installation of those improvements which are required to develop a subdivision and for which development permits have been issued pursuant to Article V of this chapter.

(4)

Agricultural production practices, which include fencing, drainage, irrigation, and other agricultural uses and structures, including portable structures which do not conflict with existing city ordinances.

(5)

Minor site plans pursuant to Sec. 3.24.

(6)

Minor or de minimis projects as determined by the GMD.

(d)

On- and off-site development. The provisions of this article shall be applied to all development which is the subject of an FSP, whether that development is on or off the subject site.

(e)

Final site plan application. An FSP application for final site plans may be submitted pursuant to Sec. 3.4 and 3.18 and shall include the following information and exhibits drawn to a scale deemed appropriate by the City Engineer:

(1)

Statement of ownership of the parcel, and the names, addresses and telephone numbers of the developer and any project engineers, architects or planners;

(2)

Legal description;

(3)

Current zoning classification;

(4)

Vicinity map at a scale deemed appropriate by the City Engineer with sufficient information to locate the property in the field;

(5)

A survey of the subject property, prepared by a registered surveyor, showing the boundaries of the project, and any existing streets, buildings, watercourses, easements and section lines. The survey shall be no older than two years;

(6)

Floodprone areas;

(7)

Water bodies or courses;

(8)

Swamp or wetland areas;

(9)

Tree survey, including a table depicting existing trees, tree retention, and applicable mitigation;

(10)

A plan, signed and sealed by a State registered professional engineer, containing the title of the project, its date, scale and a north arrow, and illustrating the location of all proposed buildings and structures, access and traffic flow, off-street parking and off-street loading areas, recreational facilities, landscaped and buffer areas, refuse collection areas, proposed utilities, and existing and proposed topography at one-foot contour intervals;

(11)

Total acreage, project density/intensity, and the percentages of total acreage for each permitted use, for building coverage and for impervious surface coverage;

(12)

Architectural plans when required by other provisions of this Code;

(13)

Number of dwelling units for multi-family residential projects;

(14)

Statement of the proposed number of off-street parking and loading spaces and how that number was calculated;

(15)

Statement of the proposed arrangements for the maintenance of common open space areas and facilities;

(16)

Location and height of all structures and total floor area with dimensions to lot lines, and designation of use;

(17)

Building separations;

(18)

Vehicular circulation system for bicycles, cars and other required vehicle types, with indication of connection to adjacent streets;

(19)

All adjacent rights-of-way, with indication of centerline and width, paving width, existing median cuts, driveways and intersections, street light poles and power company facilities;

(20)

Pedestrian circulation system;

(21)

Provider of water and sewerage facilities;

(22)

Existing and proposed fire hydrant locations and water main sizes;

(23)

Direction of drainage flows and nature of retention facilities;

(24)

Indication of existing native vegetation that will be preserved;

(25)

Identify known wildlife corridors for federal and state endangered species, threatened species or species of special concern;

(26)

Identify known plants and animals which inhabit the site that are listed as federal and state endangered species, threatened species or species of special concern;

(27)

Identify known historic and archaeological sites;

(28)

Location of solid waste disposal system and provisions for accessibility to refuse collection and recycling trucks;

(29)

Off-street parking, loading, bicycle parking and mass transit loading (bus stop) areas and provisions for accessibility to vehicles of the required type;

(30)

Areas for emergency vehicles and fire engines, and provisions for accessibility to vehicles of the required type;

(31)

Design of all paved areas, including dimensions, radii and elevations, as well as plans for traffic control signs and pavement markings;

(32)

Location of all drainage features, and retention areas; lowest floor elevation of proposed buildings;

(33)

Plans and specifications required pursuant to all other applicable provisions of this Code;

(34)

Computation of pervious and impervious area, in square footage and percentage;

(35)

Building floor areas, elevations, sizes, types and typical floor plans;

(36)

Plans for signs, which at a minimum shall include location, size and setbacks;

(37)

A landscaping plan signed and sealed by a landscape architect meeting the requirements of this Code;

(38)

Location and plans for any outside storage areas;

(39)

Any additional information deemed necessary by any reviewing department or agency, or deemed appropriate by the developer;

(40)

If the FSP was prepared on a geographic information system or CAD system, the applicant shall provide electronic copies to the GMD;

(41)

Solid waste container and enclosure. Trash storage facilities in all commercial and industrial districts shall be screened by the owner so as to completely conceal such facilities from the view of persons in adjacent public rights-of-way normally reserved for vehicular traffic. This screening shall conform generally to the aesthetics and architectural characteristics of the adjoining principal structure or structures, and the use of natural materials and landscaping is encouraged. A dumpster pad detail and location plan shall be submitted to the zoning department for approval and permitting before any dumpster is located within the city limits;

(42)

Any other exhibits as may be required by a city reviewing agency.

One or more of the above items of information may be waived by the GMD at the time of application if deemed unnecessary in a particular case. The waived item may still be subsequently required by any reviewing department or agency if they deem it necessary.

(Ord. No. 02-12, § 2(Exh. A), 9-5-2012)

(a)

Approval required. A minor site plan development permit is required prior to the commencement of site construction of a minor site improvement as defined in this Code.

(b)

Exemption from requirement for development order. An application for a minor FSP is exempt from the requirement for a final site plan development order and shall be issued a development permit consistent with the requirements of this Code and the city's Code of Ordinances.

(c)

Minor final site plan application. An application for a minor FSP may be submitted pursuant to the city's procedures for the issuance of development permits and shall include the following information and exhibits drawn to a scale deemed appropriate by the City Engineer, as deemed applicable to the project:

(1)

Statement of ownership of the parcel, and the names, addresses and telephone numbers of the developer and any project engineers, architects or planners;

(2)

Legal description;

(3)

Current zoning classification;

(4)

Vicinity map at a scale deemed appropriate by the City Engineer with sufficient information to locate the property in the field;

(5)

A survey of the subject property, prepared by a registered surveyor, showing the boundaries of the project, and any existing streets, buildings, watercourses, easements and section lines. The survey shall be no older than two years;

(6)

Floodprone areas;

(7)

Water bodies or courses;

(8)

Swamp or wetland areas;

(9)

Tree survey, including a table depicting existing trees, tree retention, and applicable mitigation;

(10)

A plan, signed and sealed by a State registered professional engineer, containing the title of the project, its date, scale and a north arrow, and illustrating the location of all proposed improvements;

(11)

Total acreage, project density/intensity, and the percentages of total acreage for each permitted use, for building coverage and for impervious surface coverage;

(12)

Architectural plans when required by other provisions of this Code;

(13)

Number of dwelling units for multi-family residential projects;

(14)

Statement of the proposed number of off-street parking and loading spaces and how that number was calculated;

(15)

Statement of the proposed arrangements for the maintenance of common open space areas and facilities;

(16)

Location and height of all structures and total floor area with dimensions to lot lines, and designation of use;

(17)

Building separations;

(18)

Vehicular circulation system for bicycles, cars and other required vehicle types, with indication of connection to adjacent streets;

(19)

All adjacent rights-of-way, with indication of centerline and width, paving width, existing median cuts, driveways and intersections, street light poles and power company facilities;

(20)

Pedestrian circulation system;

(21)

Provider of water and sewerage facilities;

(22)

Existing and proposed fire hydrant locations and water main sizes;

(23)

Direction of drainage flows and nature of retention facilities;

(24)

Indication of existing native vegetation that will be preserved;

(25)

Identify known wildlife corridors for federal and state endangered species, threatened species or species of special concern;

(26)

Identify known plants and animals which inhabit the site that are listed as federal and state endangered species, threatened species or species of special concern;

(27)

Identify known historic and archaeological sites;

(28)

Location of solid waste disposal system and provisions for accessibility to refuse collection and recycling trucks;

(29)

Off-street parking, loading, bicycle parking and mass transit loading (bus stop) areas and provisions for accessibility to vehicles of the required type;

(30)

Areas for emergency vehicles and fire engines, and provisions for accessibility to vehicles of the required type;

(31)

Design of all paved areas, including dimensions, radii and elevations, as well as plans for traffic control signs and pavement markings;

(32)

Location of all drainage features, and retention areas; lowest floor elevation of proposed buildings;

(33)

Plans and specifications required pursuant to all other applicable provisions of this Code;

(34)

Computation of pervious and impervious area, in square footage and percentage;

(35)

Building floor areas, elevations, sizes, types and typical floor plans;

(36)

Plans for signs, which at a minimum shall include location, size and setbacks;

(37)

A landscaping plan signed and sealed by a landscape architect meeting the requirements of this Code;

(38)

Location and plans for any outside storage areas;

(39)

Any additional information deemed necessary by any reviewing department or agency, or deemed appropriate by the developer;

(40)

If the FSP was prepared on a geographic information system or CAD system, the applicant shall provide electronic copies to the GMD;

(41)

Solid waste container and enclosure. Trash storage facilities in all commercial and industrial districts shall be screened by the owner so as to completely conceal such facilities from the view of persons in adjacent public rights-of-way normally reserved for vehicular traffic. This screening shall conform generally to the aesthetics and architectural characteristics of the adjoining principal structure or structures, and the use of natural materials and landscaping is encouraged. A dumpster pad detail and location plan shall be submitted to the zoning department for approval and permitting before any dumpster is located within the city limits;

(42)

Any other exhibits as may be required by a city reviewing agency.

One or more of the above items of information may be waived by the GMD at the time of application if deemed unnecessary in a particular case. The waived item may still be subsequently required by any reviewing department or agency if they deem it necessary.

(a)

Conformity to recorded plat. If a FSP includes land previously platted, it shall conform to such plat.

(b)

Conformity to zoning regulations. Development depicted in a FSP shall conform to all applicable zoning regulations.

(c)

Conformity to Comprehensive Plan. Development depicted in a FSP shall conform to all provisions of the City's Comprehensive Plan.

(a)

Generally. The purpose of this article is to establish procedures for the subdivision of land in the city.

(b)

Prohibitions on transfer of lots and issuance of development orders and development permits for lots not in compliance with this Code. It shall be a violation of this Code for anyone who is the owner, or agent of the owner, of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of, or other use of a plat of a subdivision of such land without having the plat approved as required by this Code. In addition, no development order or development permit shall be issued on any lot unless that lot is in compliance with this Code.

(c)

Exemptions.

(1)

Acquisition for public use.

(2)

Condominiums.

(a)

The City Manager or his/her designee, may waive the requirement for preliminary plat and final subdivision plat approval when a lot split, lot adjustment or lot combination results in the creation of one or two lots either from the division of one existing lot, the combination of two more lots, or by the adjustment of two existing adjacent lots and the following conditions are satisfied:

(1)

Each parcel meets the zoning standards of the property's zoning classification without the necessity of a variance.

(2)

Parcels have frontage on a road right-of-way.

(3)

The addition of impervious area will not impact the stormwater system of the area.

(4)

Where property abuts an existing standard street and no new improvements for water, sewer or drainage improvements are required.

(5)

Legal access to and from the lots and a public right-of-way is provided.

(6)

Easements and access for public services and utilities are provided, if necessary.

(7)

Executed joinder and consent to the proposed lot split or adjustment from all owners of the property and mortgage holders, if applicable.

(8)

Any lots created shall be buildable.

(9)

No lots shall be created pursuant to this section that would result in new necessary public facilities and infrastructure.

(b)

Procedures. An application shall be filed and processed on a form provided by the city.

(c)

Required submittals. The completed application shall include the following information and exhibits:

(1)

A completed application with all required contracts and notarized forms completed;

(2)

Verification of ownership of the parcel(s), such as a warranty deed;

(3)

Survey(s) of each existing lot and a separate survey for each proposed lot. The surveys shall be no older than two years, prepared by a registered surveyor, and shall provide the following information;

a.

Legal description of the property(s);

b.

North point;

c.

Existing lot dimensions;

d.

Existing easements;

e.

Names and dimensions of all streets within or abutting the property, and whether the streets are dedicated County, Cite, or private roads, and whether they are unopened, paved, or unpaved;

f.

Flood plains;

g.

Wetlands;

h.

Existing septic tanks;

i.

Existing wellfields;

j.

Ingress and egress; and

k.

Any other information required by the State Statutes, as amended.

(d)

Recordation. If the application is approved by the city, the applicant must have the approved application reviewed by the Volusia County Property Appraiser's Office and recorded, as required by Volusia County regulations.

(Ord. No. 02-12, § 2(Exh. A), 9-5-2012; Ord. No. 03-16, Exh. A, 1-20-2016)

The intent of this review is to give the developer an opportunity to introduce a proposed subdivision to the Development Review Committee for the purpose of familiarizing the developer with a broad range of Development Review Committee considerations prior to the preparation of detailed plan documents. These considerations include, but are not limited to, such items as the Comprehensive Plan, city development policies and regulations, other development in the vicinity of the proposed subdivision, soil types, area drainage patterns, floodplain and floodprone areas, and the capability of the land to support the proposed development. One specific purpose of this procedure is to provide the applicant with staff comments concerning floodprone areas in the proposed subdivision and to provide staff recommendations concerning those floodprone areas and the level of development considered to be acceptable by the City Council.

(a)

Procedures.

(1)

An application for concept plan review may be filed and processed pursuant to Sec. 3.4, except subsection (f) of that section.

(2)

A developer may elect to omit the concept plan review and proceed directly to the preliminary plat and construction plan review at Sec. 3.29.

(b)

Required submittals. A concept plan shall be drawn at a scale no smaller than deemed appropriate by the City Engineer and shall illustrate clearly:

(1)

Total acreage.

(2)

Floodprone areas (if applicable).

(3)

Water bodies or courses.

(4)

Wetland areas as defined herein.

(5)

Parcel number according to the County property appraiser.

(6)

Tentative layout of street system, lot patterns, and approximate subdivision boundaries.

(7)

Areas that may be reserved for parks or recreation sites, conservation easements, or natural open space areas.

(8)

Streets adjacent to the tract, including rights-of-way and driveways.

(9)

Current zoning and existing uses of subject property and of adjacent and surrounding properties.

(10)

All existing on-site or adjacent easements, including drainage, electricity, gas, water, wastewater, or other pipeline or utility easements.

(11)

Boundary survey with 5-foot interval contours and legal description.

(c)

Development Review Committee review. The Development Review Committee shall review the application and informally discuss with the applicant any steps necessary to bring the application into compliance with the requirements of this Code. Thereafter, the applicant may submit a preliminary plat and construction plan application pursuant to Sec. 3.29.

A preliminary plat and construction plan review (PPR) shall be filed, processed and approved pursuant to Sec. 3.4 and 3.18.

(a)

Procedure and required submittals. An application for preliminary plat and construction plan review, the proper fee, and sufficient copies of the exhibits, as determined by the GMD, shall be filed with the GMD. Exhibits shall include:

(1)

General information.

a.

Name of subdivision; name, address, telephone number of the subdivider, subdivision designer, professional engineer and registered surveyor;

b.

Scale, date, and north arrow;

c.

Legal description of the subject property;

d.

Total acreage in tract, acreage in public or other land usage, total number of lots, linear feet in streets;

e.

Names and location of adjoining subdivisions and streets;

f.

Other supplemental materials or any deed restrictions or protective covenants for the subdivision and any other information considered by either the applicant or the Development Review Committee to be pertinent to the review of the preliminary plat and construction plan;

g.

Parcel ID of the subject property;

h.

Construction plans shall be submitted in a format and scale approved by the City Engineer;

i.

A preliminary plat shall be submitted in the same format as required for final plats by F.S. 177, and by the applicable provisions of this Code; and

j.

A signed and sealed survey of the subject property, prepared by a surveyor having a valid State professional surveyor and mapper license, showing the boundaries of the project must be submitted. Said survey must include the width of the right-of-way of the street on which the property is situated and those of the closest streets in both directions together with dimension ties to the centerline of the rights-of-way. It must also include any buildings on the property, any existing streets or roads (whether by plat, deed, easement or physically on-site), watercourses and section lines abutting the property or included in the legal description and any known easement. When any public corner, required by F.S. 177, part III, as amended, to be reported, is used in the boundary survey, the certified corner report number must be depicted on the survey drawing. If a new report is required by the statute or in a case where the corner has not previously been reported, a copy of the new report must be attached to the survey if the survey is submitted before the certified corner report number is available. Said survey must be certified as meeting the requirements of F.A.C. 5J-17, pursuant to F.S. § 472.027, as amended.

(2)

Existing site data.

a.

Property lines, rights-of-way, pavement widths, easements, streets, driveways, railroads, utility transmission lines, storm sewers, ditches and culverts, sanitary sewers, water mains, bridges, buildings, bulkhead and bulkhead lines, and adjacent rights-of-way;

b.

Wooded, wetland, and 100-year floodplain areas, marshes, watercourses, ponds, and other similar conditions affecting the site;

c.

Topography of the site at not more than two-foot vertical contour intervals based on mean sea level data furnished by a professional engineer or surveyor.

(3)

Proposed site data and construction details.

a.

Typical lot dimensions;

b.

Site data table, including gross square footage of the site and project, total impervious coverage, and principal setbacks;

c.

Uses of adjacent parcels;

d.

Parks, school sites, conservation areas, open spaces, and other public uses, if any;

e.

Areas to be used for purposes other than residential and public; and with the purposes, location and dimensions of each indicated;

f.

Street centerline dimensions, scalar block and lot layouts, lot and block numbers;

g.

Street rights-of-way, pavement widths, grades and elevations, street names, plans, profiles, and, cross sections;

h.

Other rights-of-way or easements, including locations, dimensions and purposes;

i.

Plans for all underground utilities, including but not limited to sanitary sewers; storm sewers; water lines; and electric lines showing connections to existing systems, or proposals for developing new water supply; storm drainage; erosion; and sewage disposal systems; storm and sanitary profiles; and, cross sections; and inverts and top elevations of structures;

j.

Landscaping plan, including details on the location, dimension, and method of buffering from adjacent uses;

k.

Stormwater calculations;

l.

Tree preservation plan and calculations;

m.

Architectural elevations, when applicable;

n.

Biological report, when applicable;

o.

Traffic impact analysis, when applicable;

p.

Approximate spot elevations sufficient to indicate proposed grading of the streets and landscapes;

q.

Contour changes, dikes or any created water bodies or changed watercourses;

r.

Bulkheads and bridges; engineering plans, and cross sections;

s.

Information on essential services, including electric or gas services, including a commitment from the provider that adequate electric or gas service, where appropriate, will be available prior to issuance of the development order;

t.

Location and method of screening of refuse stations, storage areas; and

u.

Plans and information required pursuant to all other applicable provisions of this Code.

(b)

Developer's option to commence construction. The developer may elect to commence construction of the subdivision after the preliminary plat development order has been issued and may at the same time apply for a final plat or may apply for a final plat prior to commencement of construction.

(c)

Development permits required prior to commencement of construction. No construction shall commence nor shall an application for a final plat be accepted unless a preliminary plat development order has been issued. If the developer elects to commence construction prior to or concurrently with final plat approval, the developer shall notify the City Manager or GMD of that intention. The City Manager shall then issue a development permit authorizing the commencement of construction pursuant to the approved construction plans; provided all other permits from federal, state or regional agencies have been issued.

After the preliminary plat development order has been issued pursuant to Sec. 3.30, the developer may submit an application for a final plat. No improvements, including streets, shall be accepted and maintained by the city unless and until the final plat has been approved by the City Council, and has been duly recorded by the Clerk of the Circuit Court in the County. The Clerk shall record only those final plats which have been submitted for recording by the City Manager.

(a)

Procedures. An application for a final plat shall be filed, processed and approved pursuant to Sec. 3.4 The submittals shall be consistent with the issued preliminary plat development order and shall include any conditions.

(1)

The developer shall submit as the final plat only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. Such portion shall conform to all requirements of this Code.

(2)

The final plat shall be prepared by a currently registered land surveyor at a deemed appropriate by the City Surveyor. All final plats shall be prepared on standard sheet sizes as required by F.S. 177, as amended, and shall be 22 inches × 28 inches, including a three-inch binding margin on the left side and a one-inch margin on the other three sides. To ensure legibility, all lettering upon the plat shall have a minimum height of 0.10 inches.

(b)

Required submittals.

(1)

The following information shall be shown on the submittals:

a.

Name of subdivision, date of survey, north point and graphic scale.

b.

A vicinity map drawn at scale of one inch equals 400 feet, or other scale deemed appropriate by the City Engineer.

c.

Names and locations of all adjoining or interior subdivisions, city limit lines, bulkhead lines, property lines, rights-of-way and easements.

d.

Accurate location and legal description of all monuments, markers and control points. The legal description of the property being platted shall appear on sheet one of the final plat.

e.

Sufficient survey data to readily determine and reproduce on the ground every straight or curved boundary line, lot line, right-of-way line, easement line, bulkhead line and setback line, including, but not limited to, linear dimensions, bearings or deflection angles, radii, arcs and central angles. All dimensions shall be measured to the nearest 1/100 of a foot and all angles to the nearest second of a degree.

f.

All proposed rights-of-way, easements and areas to be dedicated to public use with the purpose of each stated.

g.

Areas to be used for purposes other than residential and public, if any, with the purpose, location and dimensions of each indicated.

h.

Lot and block numbers, street names and all right-of-way or easement widths.

i.

Signed certificates shall appear on sheet one of all final plats. Such certificates shall be in accordance with the format and specific language set forth in this Code. The following signed certificates shall be completed on the final plat prior to submission: dedication, joinder and consent to dedication, all required acknowledgements, certificate of surveyor, certificate of approval by a city registered land surveyor, certificate of approval by the City Council, certificate of approval by the City Manager, and Volusia County Clerk of Court.

j.

The final plat shall include such additional information as may be required by F.S. 177, as amended.

(2)

The following information shall be provided on sheets separate from the final plat:

a.

Name, address and telephone number of the subdivider, subdivision designer, professional engineer, registered surveyor, abutting property owners, and mortgagees of the property.

b.

A title opinion which meets the requirements of F.S. 177, as amended, and includes other encumbrances which affect the property.

c.

Any deed restrictions or protective covenants, with the appropriate filing fees.

d.

Such engineering plans, cross sections, plan and profile drawings of streets, bulkheads, bridges, sidewalks, water distribution systems, water treatment plants, sewerage collection systems, sewage treatment plants, and storm sewer systems as required by the city.

(3)

If the developer elects to construct the improvements after the issuance of the final plat, the following information shall be provided in addition to subseections (1) and (2) of this subsection:

a.

A copy of an executed construction contract or signed and sealed professional engineer's estimate of the total construction cost which encompasses all required improvements.

b.

A performance guarantee in accordance with Sec. 3.33.

c.

All items required in subsections (b)(4)a. — d. of this section must be provided after subdivision improvements have been completed.

(4)

Upon completion of construction of the required improvements, the information provided for in Sec. 3.34(c) shall be provided in addition to subsections (1) and (2) of this subsection.

(c)

Recording requirements.

(1)

Recording period. No plat may be recorded except during the effective period of a final plat.

(2)

Platted dedications. All streets, alleys, easements, rights-of-way, parks, school sites and public areas shown on an accepted and recorded plat, unless otherwise stated, shall be deemed to have been dedicated or granted, as appropriate, to the public for the uses of the public. The recorded plat shall constitute, unless otherwise stated, an acceptance of said offer to dedicate, grant or reserve. Reservations must be clearly indicated as such, and must include the word "reservations."

(3)

Necessary documents. Prior to recording, an applicant shall furnish the city with those documents necessary to evidence and ensure compliance with such requirements, standards, restrictions or conditions of this Code as requested by the city. Such documents may include, but are not limited to, bonds or other security, agreements, restrictive covenants, deeds and easements, if evidence of compliance with such requirements, standards, restrictions or conditions is not appropriately contained in the preliminary plat development order or on the final plat to be recorded. The final plat and declaration of covenants, conditions and restrictions shall contain the language required by and comply with Chapter 10 concerning stormwater maintenance. The declaration of covenants, conditions and restrictions shall give the city enforcement rights as an intended third party beneficiary to enforce any provision required by this Code and any provision required as a condition of development approval.

(4)

Recordation of plats. Plats shall be recorded in the following manner:

a.

All recording fees, documents and the original plat shall be submitted to the GMD. The applicant shall then transmit the required fees and documents to the Clerk of the Circuit Court, hereinafter referred to as the Clerk. The Clerk shall, after recording the plat, make three Mylar copies and a number of as determined by the GMD. Also, if the application was prepared on an appropriate CAD/GIS system, the applicant shall provide electronic copies to the GMD.

b.

The original plat and one Mylar copy of the plat will be retained by the Clerk. One Mylar copy will be returned to the applicant.

c.

No plat of lands in the city subject to these regulations shall be recorded, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such plat has been approved by the City Council.

d.

The City Manager shall obtain a statement that all current and previous taxes have been paid in accordance with F.S. § 197.192, as amended.

(Ord. No. 11-13, § 3, 11-6-2013)

Following are the plat certifications and dedications of the city:

USE OF DEDICATIONS

A dedication does not transfer ownership of property but is only a perpetual permission to enter upon and to use such areas, by the general public, government personnel (as representative of the public), and utility company personnel (authorized by the government) for the placement, maintenance and use of facilities within each area in accordance with its purpose as described on the plat.

In using the following dedication forms, delete any of the named facilities not involved on the plat and add any other desired to be dedicated to the use of the public, such as retention areas, bike or riding easements, etc.

In cases of multiple ownership, use the form for two persons and add the additional names in the second line and add spaces for appropriate signatures.

The exact name of the subdivision should be placed in the blank following the word "entitled."

(Single Owner)
DEDICATION

KNOW ALL MEN BY THESE PRESENTS, That, I, _______, being the owner in fee simple of the lands described in the attached plat, entitled _______, located in the City of DeBary, Florida, do hereby dedicate said lands and plat for the uses and purposes therein expressed, including as set forth in the plat notes and dedicate all Streets, Avenues, Roads, Alleys, Arterials, Parks, Canals, Utility Easements, Utility Rights-of-Way, and Drainage Easements shown or described thereon to the perpetual use of the Public, for proper purposes, and IN WITNESS WHEREOF, I, _______, hereunto set my hand and my seal on this _______ day of _______ / _______ / _______ A.D. 20_______.

STATE OF _________________
COUNTY OF _______________

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification.

(Two Persons)
DEDICATION

KNOW ALL MEN BY THESE PRESENTS, That we, _______ and _______, being the fee simple owners of the lands described in the attached plat, entitled _______ located in the City of DeBary, Florida, do hereby dedicate said lands and plats for the uses and purposes therein expressed, including as set forth in the plat notes and dedicate all Streets, Avenues, Roads, Alleys, Arterials, Parks, Canals, Utility Easements, Utility Rights-of-Way, and Drainage Easements shown or described thereon to the perpetual use of the Public, for proper purposes, and

IN WITNESS WHEREOF, We set our hands and seals on this _______ day of _______ / _______ / _______, A.D. 20_______.

STATE OF _________________
COUNTY OF _______________

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification.

(Corporation)
DEDICATION

KNOW ALL MEN BY THESE PRESENTS, That _______ incorporated under the laws of the State of _______ being the owner in fee simple of the lands described in the attached plat, entitled _______, located in the City of DeBary, Florida, hereby dedicates said lands and plat for the uses and purposes therein expressed, including as set forth in the plat notes and dedicates all Streets, Avenues, Roads, Alleys, Arterials, Parks, Canals, Utility Easements, Utility Rights-of-Way, and Drainage Easements shown or described thereon to the perpetual use of the Public, for proper purposes, and

IN WITNESS WHEREOF, has caused these presents to be signed and attested to by the officers named below and its corporate seal to be affixed hereto on this _______ day of _______ / _______ / _______ A.D. 20_______.

(Name of Corporation) _______
By _______ (Corporate Seal)
Attest:

STATE OF _________________
COUNTY OF _______________

The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification.

(Individual)
JOINDER AND CONSENT TO DEDICATION

I, _______, hereby certify that I am the holder of a Mortgage, Lien, or other encumbrance upon the property shown and described in the attached plat, entitled _______ located in the City of DeBary, Florida, and that I hereby join in, and consent to, the dedication, shown on the plat, of the lands therein, and described by the owner thereof, and agree that my Mortgage, Lien, or other encumbrance, which is recorded in Official Records Book _______, at Page _______, of the Public Records of Volusia County, Florida, shall be subordinate to the said dedication.

Signed and Sealed on this _______ day of _______ / _______ / _______, A.D. 20_______.

STATE OF _________________
COUNTY OF _______________

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification.

(Two Persons)
JOINDER AND CONSENT TO DEDICATION

WE, _______, and _______, hereby certify that we are the holders of a Mortgage, Lien or other encumbrance upon the property shown and described in the attached plat, entitled _______ located in the City of DeBary, Florida, and that I hereby join in, and consent to, the dedication, shown on the plat, of the lands therein, and described by the owner thereof, and agree that our Mortgage, Lien, or other encumbrance, which is recorded in Official Records Book _______, at Page _______, of the Public Records of Volusia County, Florida, shall be subordinated to the said dedication.

Signed and Sealed on this _______ day of _______ / _______ / _______ A.D. 20_______.

STATE OF _________________
COUNTY OF _______________

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification.

(Corporation)
JOINDER AND CONSENT TO DEDICATION

_______ incorporated under the laws of the State of _______ hereby certifies that it is the holder of a Mortgage, Lien, or other encumbrance upon the property shown, and described in the attached plat, entitled _______, located in the City of DeBary, Florida, does hereby join in, and consent to, the dedication, shown on the plat, of the lands therein, and described by the owner thereof, and agrees that its Mortgage, Lien, or other encumbrance, which is recorded in Official Records Book _______, at Page _______, of the Public Records of Volusia County, Florida, shall be subordinated to the said dedication.

IN WITNESS WHEREOF: _______ Has caused these presents to be signed in its Corporate Name by its _______, its Corporate Seal to be hereunto affixed and attested by its _______ this _______ day of _______ / _______ / _______ A.D. 20_______.

Name of Corporation

STATE OF _________________
COUNTY OF _______________

The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification.

CERTIFICATE OF PROFESSIONAL SURVEYOR AND MAPPER

KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being a professional land surveyor and mapper licensed in the State of Florida, does hereby certify that this plat was prepared under my direction and it complies with all of the survey requirements of F.S. ch. 177.

CERTIFICATES OF APPROVAL
Certificate of Approval by Growth Management Director

THIS IS TO CERTIFY, THAT ON _______ / _______ / _______ This plat was approved.

Certificate of Approval by County Registered Surveyor

THIS IS TO CERTIFY, THAT ON _______ / _______ / _______ This plat was approved.

Certificate of Approval by City Council of the City of DeBary, Florida

THIS IS TO CERTIFY, THAT ON _______ / _______ / _______ the foregoing plat was approved by the City Council of the City of DeBary, Florida.

Certificate of Clerk

I HEREBY CERTIFY, That I have examined the foregoing plat and find that it complies in form with all the requirements of Chapter 177, Florida Statutes, and was filed for record on _______ / _______ / _______ at _______ File No. _______.

(a)

Required or guaranteed improvements. Neither a final plat nor a certificate of occupancy for building development shall be issued until the developer has installed the improvements required by this Code or has guaranteed that such improvements will be installed.

(1)

The developer's guarantee (or surety), in lieu of installation of improvements, shall be in an amount that is 115% of the construction costs of all improvements, including landfill, based per an executed construction contract, calculated, signed & sealed by the developer's professional engineer or architect and verified by the City Engineer or City Manager as appropriate. Such guarantee shall be in the form of one or more of the following: certified check; bond; cash deposited in an escrow account; a first mortgage on their property; letter of credit; or such other guarantee approved by the City Attorney. Such guarantee may be reduced from the original guarantee on a pro rata basis according to the value of any improvements installed as verified by the City Engineer or City Manager, as appropriate.

(2)

In the case of building development pursuant to a granted development order, only landscaping and/or tree replacement improvements may be guaranteed by the developer prior to the issuance of a certificate of occupancy. All other required improvements shall be installed and approved prior to the issuance of a certificate of occupancy.

(b)

Installation of improvements. A State registered professional engineer or architect, as appropriate, shall be employed by the developer to design all required improvements and to inspect and certify that the installation of all required improvements is in conformity with the requirements and standards set forth in this Code and all other specifications or requirements of the city.

(c)

Required improvements. The following improvements are considered required for the purposes of this article:

(1)

Survey reference markers and monuments;

(2)

Streets, driveways and off-street parking and loading areas;

(3)

Storm drainage system;

(4)

Sidewalks, walkways and bicycle facilities;

(5)

Sanitary sewage disposal system;

(6)

Water supply systems;

(7)

Street name signs, pavement markings, regulatory signs, and other traffic control devices;

(8)

Bridges;

(9)

Bulkheads;

(10)

Erosion control;

(11)

Utility lines;

(12)

Curb and gutter;

(13)

Landscaping, screening, buffers;

(14)

Tree removal, relocation and replanting; and

(15)

Any other required improvements.

(a)

General. Appropriately staged inspections during construction shall be called for. It shall be the responsibility of the developer or the developer's contractor to notify the City Engineer or City Manager and arrange for these inspections. Tests called for under this section shall be performed by the city or by a competent engineering testing firm, which shall have an engineer registered in the State as one of the responsible officials of the firm.

(b)

Inspections.

(1)

The developer shall provide written authorization which will enable city staff personnel to enter upon the property to be developed and make periodic inspections at each stage of construction. During construction the developer shall notify the City Engineer or City Manager, where appropriate, that a City Inspector can be sent to make an inspection. The city shall furnish an inspector at the site within a reasonable length of time, during normal working days and hours.

(2)

The purpose of these inspections is to ensure that construction is in compliance with the granted development order. The city accepts no responsibility or liability for the work, or for any contractual conditions involving acceptance, payment or guarantees between any contractor and the developer, by virtue of these inspections. The city assumes no responsibility or commitment guaranteeing acceptance of the work, or for subsequent failure, by virtue of these inspections.

(3)

Upon completion of the improvements and receipt by the City Engineer of the documents required in subsection (c) of this section, the developer may request, and the City Manager will schedule, a final on-site inspection of the improvements by all applicable department representatives collectively on a date specified by the developer. The documents required in subsection (c) of this section shall be submitted by the developer at least five days prior to the inspection date. The developer shall be represented at the inspection as well as the developer's engineer and contractor.

(4)

However, if any aspect of the work being performed does not comply with acceptable standards, corrections shall be required by the City Inspector as a condition for city acceptance. All improvements shall be installed, and have the approval of the City Engineer and/or other city agencies prior to acceptance by the City Council, where required, or issuance of a certificate of occupancy.

(c)

Completion of installation of required improvements. Upon completion of the above inspections or prior thereto, the following, where required, shall be provided to the City Engineer and/other appropriate city agencies:

(1)

Test results;

(2)

Maintenance guarantees, in accordance with provisions of this Code, for facilities to be dedicated or conveyed to the city or a property owners' association;

(3)

As-built drawings for utilities, drainage, pedestrian systems, both on and off site;

(4)

Certification by the developer's engineers that all improvements were installed in accordance with the granted development order, review of as-builts for compliance with Americans with Disabilities Act as applicable; and

(5)

Electronic as-built construction plans signed and sealed by the professional surveyor which encompass all required improvements, and as-built digital CAD files shall be provided to the GMD.

(d)

Responsibility during maintenance period for improvements to be dedicated or conveyed to the city or to a property owners' association.

(1)

Following approval by the city of the construction of improvements to be dedicated or conveyed to the city or a property owners' association, the developer shall be required to maintain the improvements within the development in first-class condition until the City Council accepts the improvements for city maintenance, or they are turned over to a property owners' association for maintenance. Such association shall have all duties and powers necessary to provide for the perpetual maintenance of the improvements. The developer's maintenance period shall be a minimum of one year. During that maintenance period, the developer will be expected to provide any maintenance required, including, but not limited to:

a.

Repair and replacement of any system component, or failed section of pavement, etc.

b.

Correction of design faults.

c.

Control of erosion, replacement of sod, removal of soil washed onto pavement or into drainage system.

d.

Lost, destroyed or disturbed survey improvements.

(2)

The developer may request the City Council to accept the improvements for maintenance at the time of or after the acceptance of the construction, or during the developer's one-year maintenance period. When this occurs, it shall be the responsibility of the developer to sod all areas of the constructed improvements, where the potential for erosion exists. Such areas which may require sodding shall include but not be limited to shoulders, swales, drainage systems and retention areas. When such sodding is completed in a manner which is satisfactory to the City Engineer, the City Council may accept the improvements for city maintenance; provided that all other improvements are in a first-class condition. However, the cash guarantee required by subsection (d)(3) of this section will be retained for the balance of the developer's one-year maintenance period to guarantee all improvements against defects in design, materials and workmanship. The City Council shall not accept the improvements for city maintenance nor release the cash guarantee until it has determined that all improvements are in a first-class and acceptable condition.

(3)

All improvements to be dedicated or conveyed to the city or a property owners' association shall be covered by a cash maintenance guarantee which shall be provided by the developer, and shall be in the amount of 15% of the construction costs of all improvements, including landfill. The form of the guarantee shall be as prescribed in Sec. 3.33(a)(1) and approved by the City Attorney. The developer shall guarantee all improvements against defects in design, material and workmanship, in addition to guaranteeing maintenance for the required period of time.

(4)

Approximately 60 days prior to the expiration of the maintenance period, the developer shall request the City Manager to schedule an inspection by the City Engineer and/or other appropriate city personnel. All deficiencies of design, materials, workmanship and/or maintenance identified during the final inspection shall be corrected by the developer.

(5)

Upon evidence of correction of all deficiencies by the City Engineer and other appropriate city agencies, the City Manager shall recommend, and the City Council may accept those improvements dedicated or conveyed to the city for city maintenance. Those improvements to be conveyed to a property owners' association shall be accepted by the property owners' association pursuant to agreements between the developer and the property owners' association.

(6)

Upon acceptance of the improvements by the City Council or property owners' association, the maintenance guarantee shall be released to the developer, less any charges for maintenance or corrections incurred by the city during the maintenance period.

(e)

Responsibility for maintenance of privately owned improvements. Any improvements made to private property pursuant to a development permit issued under this Code shall thereafter be maintained by the private property owner and/or lessee or renter to the minimum standards of this Code and the improved plans at their expense. Failure to maintain such improvements shall constitute a violation of this Code.

(a)

Purpose. The purpose of this article is to regulate the location, installation or adjustment of any facility on or under city rights-of-way (ROW), traveled ways or easements or other city-owned property (city property), including canals and drainage easements or ditches, by any person.

(b)

Permit required. Any person placing, installing or adjusting any facility on city property shall have been issued a use permit prior to the commencement of construction. A facility includes driveway connection to a city road, and overhead, on and underground utilities.

(c)

Jurisdiction. This article shall apply to and be enforced on all city property.

(d)

Application procedure. Notwithstanding any other provisions of this Code, an application for a use permit shall be filed, processed and approved as follows:

(1)

An application for a ROW utilization permit shall be filed with the Growth Management Department and the required filing fee paid.

(2)

Required submittals shall be submitted with the application. The submittals shall meet the requirements of this Code and contain the following information:

a.

A vicinity map showing the work area location at a scale deemed appropriate by the City Engineer;

b.

The offset from the centerline of the right-of-way or road to the proposed facility;

c.

The road right-of-way and pavement width;

d.

The distance from the edge of the travelled way to the facility and the location of all other utilities within the work area;

e.

One or more typical cross sections as required by the City Engineer to adequately reflect the location and construction details of the proposed facility;

f.

The minimum vertical clearance above or below the road, ground or pavement;

g.

All proposed fire hydrants; and

h.

Any other information required by the City Engineer.

(3)

The GMD shall determine the completeness of the application within three days of filing. If the application is determined to be incomplete, it shall be returned to the applicant. If the application is determined to be complete, the GMD shall transmit it to the City Engineer.

(4)

Upon receipt, the City Engineer shall review the application. If the application meets all of the requirements of this Code, it shall be approved within seven working days of receipt. Upon such approval, the City Engineer shall return the application to the GMD with approval noted by the City Engineer or their authorized representative. If the application is denied it shall be returned to the GMD, with the reasons for denial noted thereon, within seven working days of receipt.

(5)

If the application has been approved, the GMD shall issue the use permit immediately. If the application has been denied, the GMD shall immediately notify the applicant. If denied, the applicant or any aggrieved person may refile in accordance with the provisions of this subsection, as for a new application, or the applicant or any aggrieved person may appeal the denial to the City Council, as provided in Sec. 3.13.

(6)

A guarantee of completion of the permitted construction may be required by the City Engineer if in their opinion the proposed construction would constitute a significant traffic hazard if not completed as proposed. Such guarantee shall be the same as established in Sec. 3.33 and shall be returned to the permittee upon satisfactory completion of construction or shall be used to ensure completion of construction by the city where construction is not satisfactorily completed.

(7)

The use permit may be revoked by the City Engineer for reasons of public safety.

(a)

Permissive use. A use permit is a license for a permissive use only, and the placing of facilities upon city property pursuant to the permit shall not operate to create or to vest any property right in the holder thereof, and the issuance of a use permit does not relieve the permittee of the need for obtaining any other permits that may be required by the appropriate authorities. The permittee shall be responsible for maintenance of all such facilities permitted except for those conveyed to the public and accepted for maintenance by the city.

(b)

Assumption of risk. The rights and privileges herein set out are granted only to the extent of the city's right, title and interest in the land to be entered upon and used by the applicant; and the applicant shall at all times assume all risk of and defend the city from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercise by the applicant of the aforesaid rights and privileges.

(c)

Encroachment or interference. The construction and/or maintenance of a utility or facility shall not interfere or encroach upon the property and rights of a prior occupant.

(d)

Relocation or protection of facilities. In the event of widening, repair, reconstruction or improvement of city property, including but not limited to installation of pavement, drainage structures or sidewalks, the permittee shall, upon notice by the City Engineer, relocate or protect existing facilities to clear such construction at no cost to the city.

(e)

Other.

(1)

Directional Bores shall not be performed within the right-of-way on Friday, Saturday, Sunday, or Holidays including any day prior to a Holiday without written County Engineering/Inspector approval.

(2)

No Staging/Unloading/Parking of any vehicle(s) is allowed in the right-of-way or on sidewalks. Any damages to the right-of-way will be regraded/sodded and sidewalks to be repaired/replaced with 6-inch concrete by the contractor, per ADA Standards.

(3)

No trench/excavations shall be left open or unattended overnight within the right-of-way.

(4)

Only Directional bores methods can and must be performed. Pneumatic, Push-Pull, Mole or Missile bores are not permitted under roadways.

(5)

Directional bores, Under Roads:

a.

From diameters 1-3 inches must be a minimum of 36 inches below edge of pavement.

b.

Directional bores 4 inches or greater must be ten times the diameter of the bore/back reamer, whichever is greater, below edge of pavement and to extend to the right-of-way on either side.

(6)

Installation shall be at 36 inches minimum cover from top of new utility to existing ground (typical for all installations), or as marked up otherwise by city.

(7)

All directional drill mud/slurry must be cleaned/reclaimed from the right-of-way/bore pits and disposed of on an approved private offsite /off right-of-way location.

(8)

Bore logs are to be made available at installation completion upon request.

(9)

Other applicable Construction Standards as included in the city code.

(a)

City, County, State and federal regulations and specifications. When applicable, the provisions of the latest editions of the following references shall apply:

(1)

City of DeBary Land Development Code;

(2)

FDOT Standard Specifications for Road and Bridge Construction;

(3)

Regulations for the Transportation of Natural and Other Gas by Pipelines (Parts 191 and 192, Title 49 of the Code of Federal Regulations);

(4)

USDOT Manual on Uniform Traffic Control Devices;

(5)

FDOT Utility Accommodation Guide;

(6)

FDOT Florida Greenbook;

(7)

FDOT Roadway and Traffic Design Standards; and

(8)

Volusia County Use Permitting as the city's utility provider and as may affect any County operated and maintained facility.

(b)

Conflict of regulations. In the event of a conflict between the regulations and specifications referred to in subsection (a) of this section, and the provisions of this Code, the most restrictive shall apply.

Subject to satisfaction of and compliance with requirements contained herein, a use permit may be issued to the following:

(a)

Utility companies. Utility corporations or companies (including County and municipal utilities) that will be servicing the installed facility.

(b)

Contractors. Contractors responsible for the installation of any utility facility or structure subject to these regulations.

(c)

Private citizens. Private citizens, corporations or organizations with a reasonable and legitimate purpose in using the right-of-way, which purpose poses no threat or danger to the public health, safety or welfare.

(d)

Underground utility contractors. Underground utility contractors must hold a current County or State general contractor's certificate, or a current County or State plumbing contractor's certificate. The city may require prequalification of the contractor for the type of work to be performed.

(a)

Service connections without pavement cuts. Scheduled short side service connections, including but not limited to water and sewer hookups with no pavement cut or road crossings and all scheduled maintenance repair (i.e., pole replacement with no change in location or alignment, splice pits, etc.) in the right-of-way where limits of excavation are not in or within six feet of the edge of the traveled way, will not require a use permit; however, prior notification of the commencement of such work shall be given to the City Engineer before starting work. Failure to notify may result in a penalty fee as determined by resolution of the City Council.

(b)

Relocations requested by the city. On any city construction project where facilities on city property are requested by the city to be relocated, a use permit may be required. An application shall be submitted by the person responsible for the relocation as required by Sec. 3.35(b), but no fee will be charged, providing there is no expansion of the facilities involved.

(c)

Emergency repair.

(1)

Emergency repairs may be performed without obtaining a use permit prior to such repair. Emergency repair work shall be completed in accordance with applicable directives from the city or other authority as expeditiously as possible. During normal city working times, verbal approval for the emergency work shall be obtained from the City Engineer. If emergency work is required at night, on weekends or holidays, the City Engineer shall be notified of all emergency repair work by 10:00 a.m. the first workday following beginning of such repair work. An application for a use permit shall be submitted within two working days following commencement of emergency repair work. The person, company or utility performing the emergency repair work shall be exempt from the requirements of Sec. 3.40 for prior notification to other agencies, with exception of gas utility companies, but shall notify those agencies by 10:00 a.m. the day following the commencement of the emergency repair work.

(2)

Notification to gas utility companies. Notification to gas utility companies shall be accomplished prior to commencement of any emergency work. This may be accomplished by telephone or other expeditious method.

(d)

Performance criteria. For those situations described in subsections (a), (b), and (c) of this section, all work must be performed in compliance with the other provisions of this Code and all other applicable laws and regulations.

(e)

City Council approved construction projects. City construction projects on city property which have been approved by the City Council may comply with the permitting provisions of this Code.

(a)

Notification required by City Engineer. Notification to gas, power, communications, potable water, reclaim water, and sanitary sewer utility companies shall be accomplished prior to commencement of the permitted work. Required by the City Engineer, the applicant shall notify in writing all other users of city property in the immediate vicinity of the permitted work, stating the work proposed by the applicant and enclosing a plan of the permitted work in order to determine if there are any objections to it. Any objections to the permitted work by affected right-of-way users or municipalities must be forwarded in writing to the applicant and to the City Engineer within seven days of said letter. Except as herein provided, the City Engineer may hold a permit application for a period not to exceed seven days, to allow time for the receipt of objections to the permitted work. The seven-day period may be waived if the applicant includes proof that other affected right-of-way users have been notified and that said users have no objections to the issuance of the use permit.

(b)

Verification of notification. The applicant shall verify the notification to other users by submitting the proof called for in subsection (a) of this section and completing the section provided in the application for such verification. It is the full and complete responsibility of the applicant to determine that all other users are notified of the proposed work. Any work performed without such notification, shall be at the sole risk of the applicant.

The applicant assumes full and total responsibility for compliance with this Code, supporting regulations, additional requirements of the City Council, and any municipal, County, State or federal laws, ordinances or other directives which may apply to the proposed work.

(a)

Copy to applicant. Upon approval of the application, one copy of the approved plans and the use permit will be returned to the applicant.

(b)

Permit available on site. The use permit must be available at all times at the work site while work is being performed. Any work in progress on, or use of, city property without a valid use permit available at the site shall be suspended until such time as a valid use permit is produced on the site.

(c)

Permit valid for one year. The permit is valid for a period not to exceed one year. The expiration date will appear on the permit. No work will be performed under an expired permit. Prior to expiration, a request for an extension may be submitted to the City Manager. Extension requests shall be submitted a minimum of 30 days prior to the expiration date of the permit. Only one 90-day extension may be granted.

(d)

Modification of permits. Letter requests for modification of permits will be processed in accordance with provisions of Sec. 3.40-3.41 and the utility location standards of Chapter 10. The letter requesting modification must contain the appropriate gas company name, the gas notification identification number, and to expedite processing, a statement that the other right-of-way users have no objection to the requested modification.

(e)

Inspection and approval of materials and work. The City Engineer shall have the right to inspect and approve materials and/or phases of permitted work at any time. Final inspection and acceptance of the permitted work by the City Engineer must be obtained prior to completion of the work. Work will be considered incomplete until that portion of the permit indicating final inspection and approval has been signed and dated by the City Engineer.

(f)

Notice to city for subterranean road crossing. The permittee shall notify the City Manager at least 24 hours prior to beginning work, and prior to commencing any subterranean road crossing, whether by open cutting, boring, jacking, pushing, pulling, driving, or some combination of these. The date, time and location regarding these scheduled subterranean crossings must be given at the time of this notification.

(g)

Underground facilities. Underground facilities (buried cable, water lines, etc.) will not be covered until approved by the City Engineer, either through on-site inspection or prior authorization.

(h)

Failure to obtain inspections. Failure of the permittee to obtain the appropriate inspections prior to proceeding with work shall not relieve the permittee from reexcavation or other measures necessary for the inspection of the work.

(i)

Correction of noncompliance. Any and/or all items found not to be in compliance with these regulations will be immediately corrected by the permittee.

(j)

Permit termination. The City Engineer's signature on the completion line on the permit terminates that permit, and no further work may be done under the permit except repairs as directed by the City Manager.