A pre-application conference will be held for each new site development plan or subdivision plat submitted to the town for approval. The development director will conduct pre-application conferences as needed and, at his discretion, will summon various members of town staff and other persons whose expertise is relevant to a particular project.

Persons participating in pre-application conferences shall have knowledge and experience in one or more of the following areas:

1.

Planning and/or zoning.

2.

Public works.

3.

Downtown redevelopment.

4.

Law enforcement.

5.

Fire/emergency services.

6.

Parks and recreation.

7.

Traffic engineering.

8.

Environmental protection.

9.

Community development.

10.

Others as appropriate.

A pre-application conference will be scheduled upon submission of preliminary development plans and payment of the pre-application review fee. The applicant may waive the pre-application conference if he so chooses; however, the fee may not be waived without approval of town commission.

The pre-application review fee and conference shall not be required for proposals involving existing development sites and meeting the following conditions:

1.

Site development plan: Proposed change does not generate the need for additional parking spaces.

2.

Subdivision plat: Proposed change does not create more than two additional lots.

Such proposals shall be considered amendments to existing plans rather than new ones; however, all other provisions of this code shall apply.

(Ord. No. 12-12, § 1, 2-14-12)

Special exceptions shall be granted only for those activities specified as special exception uses in section 2.02.00. Approved special exceptions shall be subject to development standards provided in article 3.

The planning and zoning board shall hear and decide applications for special exceptions authorized under this code in the manner prescribed below.

Any person, firm or corporation owning property in the Town of Dundee may apply for a variance from specific provisions of this code, excepting those relating to permitted land uses, concurrency and consistency with the comprehensive plan. Variances shall be granted only by the development special magistrate in a public hearing which has been advertised in accordance with section 8.06.00 of this Code. Variances granted by the development special magistrate shall be the minimum necessary to provide a reasonable use of the property and may be approved subject to time limits or any other conditions which the board deems appropriate.

( Ord. No. 19-04 , § 4(Exh. A, § 1(g)), 3-26-19)

Nonconformities are land uses, structures, lots and other elements of development which do not conform to the provisions of this code but were created in accordance with those land development regulations (if any) in effect at the time of their establishment. Subject to the provisions listed below, nonconformities may continue to exist if otherwise lawful and in existence on the date of adoption of this code. The casual, intermittent, temporary or illegal use of land or structures prior to the effective date of this code shall not qualify such use or structure for the privileges outlined in this section.

Proposed commercial or industrial land uses which are not listed in this code either as permitted or special exception uses, and which, in the opinion of the development director, are not clearly consistent with any established commercial or industrial zoning district, may be considered by the town commission as special approval uses. In deciding whether to grant a special approval, the town commission shall determine that all of the following conditions exist:

1.

The use is not similar to any permitted or special exception use, and that no other provision for allowing the use exists in this code.

2.

The use does not conflict with any objective or policy of the comprehensive plan at the proposed location.

3.

The use is compatible with surrounding land uses if such land uses are consistent with the comprehensive plan.

4.

The use, if approved, may serve as a precedent for allowing similar uses in the same zoning district in the future.

Special approvals shall be granted only within CC, CH, CS and IL districts. Application shall be made and a public hearing shall be held according to the same procedures applicable to a request for change of zoning district. The town commission may deny a request for special approval, or approve it with any conditions it deems appropriate. Such approvals, together with any special conditions of approval, shall become part of the town's regular zoning records.

Where the special approval has been granted without conditions, the development director shall have the authority to approve future proposals which are similar in nature to the special approval use. However, the development director may, at his/her discretion, refer any such item to the town commission as a special approval. No decision made by the development director or the town commission regarding a special approval may be appealed to the development special magistrate.

(Ord. No. 12-12, § 1, 2-14-12; Ord. No. 19-04 , § 4(Exh. A, § 1(k)), 3-26-19)

The purpose of this section is to establish procedures and standards for the development and subdivision of real property within the Town of Dundee, in an effort to insure proper legal description, identification, monumentation and recording of real estate boundaries; aid in the coordination of land development in Dundee in accordance with orderly physical patterns; promote the health, safety and general welfare of the residents; insure the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed; insure that the citizens and taxpayers of Dundee will not have to bear the costs resulting from haphazard subdivision of land; to maintain the authority of the town to require installation by the developer of adequate and necessary physical improvements; assure equitable handling of all subdivision plats by providing uniform procedures and standards for observation both by the subdivider and the town; guide the future growth and development of the town in accordance with the comprehensive plan.

(Ord. No. 04-30, § 1, 4-13-04)

These regulations shall apply to all subdivisions, including those intended for commercial and industrial development. The provisions of this section are applicable to the division of a parcel of land, which is defined to mean the division of contiguous land holdings by a single owner or multiple owners, regardless of how described or recorded, into three or more parcels, lots, tracts or sites for the purpose of transfer of ownership or building development.

(Ord. No. 04-30, § 1, 4-13-04)

(A)

Lot divisions by survey or legal description: The development director may administratively approve the division of property for residential use by means of a survey or metes and bounds legal description rather than a plat under the following conditions:

(1)

The approval does not result in the creation of more than one new lot.

(2)

The approval does not create a lot which does not meet applicable zoning district standards for width, depth, and area.

(3)

Each lot has frontage on a public road, and no new public streets are needed to serve either property.

(4)

No extension of a public water or sewer system is needed.

(5)

There will be no necessity for drainage facilities serving other properties to cross either lot affected by the administrative approval (certification shall be provided by a professional engineer registered in the State of Florida).

In requesting the administrative approval, the applicant shall provide the following items:

1.

Copy of the deed to the property. If applicant does not own the property, he must obtain written permission from the owner, including a notarized signature, authorizing him to make the application.

2.

Copy of the official property appraiser's map indicating the subject property and all other properties within 200 feet.

3.

Certified survey (if necessary).

4.

Applicable fee as established by resolution of the town commission.

(B)

Adjustments to existing plats: Minor adjustments to a subdivision plat may be authorized by the development director without the requirement to replat, where all of the following conditions are satisfied:

(1)

No more than two new lots or tracts may be created.

(2)

No new street is proposed, or additional right-of-way is needed.

(3)

No vacation or elimination of streets, setback, access control or easements are required or proposed.

(4)

Such action will not result in significant increases in service requirements or interfere with maintenance of existing levels of service.

(5)

All easement requirements have been or will have been satisfied.

(6)

Such division will not result in a tract or lot without direct access to a street.

(7)

A nonconforming lot, either by dimension or area as prescribed by the applicable zoning district, will not be created.

In granting approval, the development director may impose such conditions, safeguards and requirements as deemed necessary to implement the intent and purpose of this section. The development director may require any division or combination of previously platted property to comply with the complete platting process as set forth in this section where warranted.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 12-12, § 1, 2-14-12)

Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the installation of utilities, either public or private, construction, paving and drainage, or structures in such proposed subdivisions shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision through submission of the following documents:

1.

Concept plan review;

2.

Preliminary subdivision plan;

3.

Certified subdivision plan;

4.

Final subdivision plat.

Final subdivision plat. Upon completion of all subdivision infrastructure improvements, or guarantee thereof, the subdivider shall apply for and receive approval of a Final Subdivision Plat before applying for permits to build structures on the lots thus created.

(Ord. No. 04-30, § 1, 4-13-04)

(A)

The developer shall present a subdivision concept plan to the development director who shall review the plan as to its conformance to the comprehensive plan, zoning and other applicable land development regulations. All subdivisions shall have safe and adequate access and no subdivision shall have access or frontage on a substandard street. The plan shall show, at a minimum:

Proposed use (type of units, whether they are single-family attached or detached, or multi-family and what type);

Basic street layout;

Typical lot sizes;

Boundaries; and

Significant physical conditions.

(B)

The concept plan may be a sketch, but must be drawn to scale.

(C)

The applicant will be asked to meet with the development director, town engineer, fire official and other town staff reviewing the concept plan to explain the basic concept of his subdivision.

(D)

The staff will comment on the concept, informing the applicant of regulations he may not be aware of. For example, the concept plan may show the spacing of fire hydrants as incorrect and the fire official can give him the correct regulations on the spot.

(E)

If the applicant requests comments in writing, those comments shall be detailed in a letter to the developer not less than ten working days after submission, and shall form the basis for preparing the preliminary plat.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 05-99, § 1(Exh. A), 1-10-06)

The purpose of the preliminary subdivision plan (PSP) is to provide sufficient information regarding a proposed development to enable the town to evaluate the proposed subdivision as it relates to the Comprehensive Plan and Land Development Code.

(A)

Submittals. The PSP review shall be initiated when the following items are submitted:

1.

Six copies of the PSP.

2.

Completed application forms with all necessary attachments.

3.

The pre-application review fee, as established by resolution of the town commission.

(B)

Required Information. The PSP shall be drawn to a scale not smaller than one inch = 100 feet, and shall include the following:

1.

Date, north arrow, and scale.

2.

Title block identifying the name and/or title of the proposed subdivision. The name shall not duplicate or closely approximate the name of any other subdivision recorded in the Public Records of Polk County, Florida.

3.

Name, address, and telephone number of the applicant, property owner (if different than the applicant), and the person preparing the plan.

4.

Legal description of the property, US survey section, township and range lines. Boundary lines of the tract to be subdivided shall be shown, drawn accurately to scale and with accurate linear and angular dimensions.

5.

All roads (with functional classifications identified), utilities, watercourses, drainage ditches, canals and bodies of water on and within 500 feet of the proposed subdivision.

6.

All significant land features, existing structures, wooded areas, and the location and names of adjacent subdivisions.

7.

Delineation of areas within the 100-year flood zone as identified by the Federal Emergency Management Agency (FEMA).

8.

All existing restrictions on the use of the land, including easements, rights-of-way, jurisdictional wetlands areas, either assumed or confirmed, and zoning district lines.

9.

Existing sanitary and storm sewers, water mains, culverts, and other underground structures within the site or immediately adjacent to it, including the location and size of the nearest water and sewer lines.

10.

Topographic map, both existing and proposed, of the site to be developed. Existing contours shall be based on mean sea level (MSL), USGS datum and shall be identified by dashed lines. Proposed contours shall be identified by solid lines. Both data shall be shown at one-foot contour intervals. Assumed datums shall not be acceptable.

11.

Proposed layout of streets, blocks, lots, location of all driveways within 660 feet of the entrance(s) to the proposed subdivision, stormwater management areas, easements, and preliminary site drainage system including proposed surface drainage pattern.

12.

Number of lots, building type contemplated, indication of utilities to be provided, and any zoning changes, easements, or deed restrictions.

13.

Proposed parks, playgrounds, and other common areas.

14.

Site location map related to the town limits.

15.

Typical lot detail identifying lot width and depth, lot area, all setback requirements, and general structure placement and driveway location.

16.

Tabular data block including total site acreage, acres of the site in wetlands, acres of the site in water bodies, area and delineation of the site within the 100-year flood zone as identified by FEMA, total number of lots, acres in stormwater management, and acres of site in common area, open space and recreation use.

(C)

General Procedure. Processing of the preliminary subdivision plan shall be as follows:

1.

Distribution: Copies of the PSP and all attachments shall be distributed to members town staff and other appropriate persons for review in a pre-application conference, to be scheduled by the development director. A qualified engineering professional representing the owner or developer of the property shall be present at the pre-application conference.

2.

Review: The development director and other persons to whom the PSP has been submitted shall review the PSP for accuracy, content and consistency with the requirements of the Comprehensive Plan, the design standards as set forth in this Code, and all other applicable provisions established by this Code. The development director will enumerate specific conditions for final approval of the proposed subdivision. All comments made during the review process will, in the opinion of the development director, be adequately addressed before approval of the certified subdivision plan.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 07-18, § 1, 9-11-07; Ord. No. 12-12, § 1, 2-14-12)

The purpose of the certified subdivision plan (CSP) is to allow town staff to perform a technical review of all proposed site improvements, and shall be the basis upon which the final plat is prepared. The CSP shall be submitted after review of the preliminary subdivision plan. It shall incorporate all changes required as a result of the staff review.

The CSP shall consist of complete working drawings and design specifications, shall provide the town with complete design and construction information, and shall be the basis for evaluating the quality and completeness of the proposed engineering design, compliance with all applicable regulations of the town, the establishment of a construction schedule, and site improvement permitting.

The CSP shall be substantially similar to the PSP and shall be drawn to a scale of not more than one inch = 50 feet. The size of sheets shall be 24 inches by 36 inches and shall contain, in addition to the data provided on the PSP, the following:

1.

Name, address, and seal of registered engineer and surveyor responsible for the plan and accepted data.

2.

All existing fire hydrants, underground and aboveground utilities on or adjacent to the proposed subdivision.

3.

All existing streets on or adjacent to the tract, including name, functional classification, right-of-way width and pavement width. Existing streets shall be dimensioned to the tract boundaries. All subdivisions shall have safe and adequate access and no subdivision shall have access or frontage on a substandard street.

4.

Existing and proposed contours shown at not more than one-foot intervals and shall be extended a minimum of 100 feet beyond the boundaries of the proposed plat. If deemed necessary, additional spot elevations may be required by the appropriate town staff. USGS datum shall be used with benchmarks shown on the plan.

5.

Site design, including streets with proposed street names and functional classification, lot lines, utility access and service easements. Typical roadway cross-section and profiles shall be provided, including all information for street and sidewalk construction. Roadway profiles shall display existing and proposed underground construction along the street centerline. Stationing data shall be at intervals of no less than 50 feet. Accompanying these data shall be a permit or permits from the jurisdictional permitting agency or agencies approving any access to state, county, or local roadways.

6.

Natural features within and adjacent to the proposed plat, including drainage channels, bodies of water, wetlands, wildlife habitat, and other significant features. Jurisdictional wetlands shall be clearly delineated and surveyed, signed and sealed by a registered land surveyor. On all watercourses leaving the tract the direction of flow shall be indicated, and for all watercourses entering the tract the approximate drainage area and watershed name above the point of entry shall be noted.

7.

Identification and designation of any portion of the site within the 100-year floodplain, based on calculations recognized by FEMA as the most recent and accurate available. Where a portion of the site is known or suspected to be within the 100-year flood area, and a FEMA report or town floodplain overlay is not sufficiently precise, an engineering analysis shall be required. Such analysis shall be performed by a registered engineer.

8.

All information needed to construct drainage and stormwater management facilities, including complete cross sections and complete calculations based on design criteria established in relevant sections of this Code, including on-site, positive and final outfall. This information shall be signed and sealed by a registered engineer. Accompanying these data shall be a permit or permits from the required permitting agency or agencies approving the proposed stormwater management system.

9.

Utilities plan, detailing public and private water and wastewater treatment facilities, wastewater effluent reuse lines, location of lines, valves, pumps, fire hydrants, manholes, pump stations and other data as set forth in relevant sections of this Code. Accompanying these data shall be all required permits by authorized permitting agencies approving the utilities plan.

10.

Public facilities existing or to be located within the plat boundaries or within 100 feet of the proposed plat including streets, bridges, culverts, utility lines pipelines, power transmission lines, all easements, public and/or common areas including park areas, structures and other public structures and facilities.

11.

Notes to be placed on the final plat which indicate arrangements for ownership and/or maintenance of drainage facilities or other common property or facilities. In the event the plat includes open space, clubhouses, playgrounds or other amenities to be owned and used in common by residents of the development, a plat note shall be added requiring the creation of a homeowners or property owners association which shall be responsible for such facilities.

(A)

General procedure

(1)

Six copies of the CSP shall be filed with the development director's office, which will distribute copies to appropriate town staff.

(2)

The CSP shall be reviewed in terms of the following criteria:

a.

completeness and substantial compliance with the approved PSP;

b.

degree of compliance with the technical requirements set forth in applicable articles of this Code, and other town regulations;

c.

suitability of proposed street names (the town commission shall have the authority to approve or disapprove any street name);

d.

deficiencies or issues which require further attention.

(3)

Upon completion of the staff review, the development director shall report all review comments and recommendations to the town commission. Following its own review the town commission shall either approve the CSP or disapprove with reasons stated. The action of the town commission shall be forwarded in writing to the subdivider or his authorized representative.

Should any adverse review comment or recommendation be made by the town commission which may require a revision of the proposed CSP, the development director shall so notify the subdivider or his authorized representative, so that necessary revisions may be made for reconsideration at the applicable step within the review process.

(B)

Effect of certified subdivision plan. Upon approval of the certified subdivision plan, the applicant may proceed with permitting for installation of improvements. Improvements shall include tree removal, clearing and grubbing, installation of streets and utilities and installation of stormwater management systems. Stormwater management facilities, in particular, shall be constructed for the entire area of the plan regardless of any phasing plans relative to final plat recording. Also, any amenity, either required or proposed, shall be completed in the first phase of development if phasing is proposed. No residential building permit shall be issued until the final plat has been accepted by the town and recorded with the Clerk of the Circuit Court for Polk County, except where approval has been given for residential units as models. Final certificates of occupancy for models shall not be issued until the final plat has been accepted by the town and recorded with the Clerk of the Circuit Court for Polk County.

Certified subdivision plans shall remain valid for one year from the date of approval. Extensions for approval may be granted for a single period up to six months from the date the plan would otherwise expire. An extension may be granted if the development director concludes that the owners or successors of the CSP have proceeded with due diligence and in good faith and the conditions have not changed substantially as to warrant a new application. All such requests for extensions shall be submitted in writing not less than 30 days before the expiration of the CSP, stating the reason for the time extension request. Upon expiration of a CSP, municipal services allocated thereto shall be forfeited.

(C)

Amendment of certified subdivision plan. Any amendment, variation or adjustment of a certified subdivision plan shall require approval of an amendment according to the following:

Major amendment: Submission for review and approval by the town commission.

Minor amendment: Submission for review and approval by the development director.

The development director shall determine whether a proposed plan amendment is a major amendment or a minor amendment. The determination shall be based on, but not limited to the following: any substantial change to the CSP, including increase in density, change in permitted uses, change in stormwater runoff characteristics, change in traffic patterns and trip generation, or other similar changes shall be considered a major amendment to the plan; any proposed minor changes in configuration or similar changes shall be considered a minor amendment to the plan. The development director may, at his discretion, forward any application for plan amendment to one or more individuals for review and recommendation both as to its classification as a major or minor amendment and as to whether it should be approved, approved with conditions, or denied.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 04-120, § 1(Exh. A), 12-14-04; Ord. No. 05-99, § 1(Exh. A), 1-10-06; Ord. No. 07-18, § 2, 9-11-07; Ord. No. 12-12, § 1, 2-14-12)

The intent of the final plat is to establish a legal record of the plat. Whenever the provisions of this Code have been complied with and while the approval of the certified subdivision plan is in effect, the applicant shall submit the final plat for approval and recording. The final plat shall conform substantially to the approved CSP and, at the option of the subdivider, may constitute only that portion or phase of the approved CSP which is proposed to be recorded at that time.

Final plat approval is required prior to the issuance of any building permits within the subdivision. Following approval by the town commission, the plat shall be forwarded by the town clerk to the Board of County Commissioners of Polk County for review and approval in accordance with county procedures. The original plat shall then be submitted to the clerk of the circuit court for recording within the public records of Polk County.

(A)

General procedure. The applicant shall submit the original mylar, along with eight copies of the plat. The development director, town attorney, and other town staff as appropriate, shall determine the completeness of the final plat and compliance with the CSP. They shall verify the accuracy of information provided, and evaluate the degree of compliance with the technical requirements as established in this Code and other applicable town and state requirements. All staff reviewing the plat shall, upon completion of their review, forward their recommendations to the town commission, recommending approval or denial of the final plat.

Following its own review, the town commission shall either approve the final plat or disapprove with reasons stated. The action of the town commission shall be forwarded in writing to the subdivider or his authorized representative.

Should any adverse review comment or recommendation be made by the town commission which may require a revision of the proposed final plat, the development director shall so notify the subdivider or his authorized representative, so that necessary revisions may be made for reconsideration by the town commission.

Upon plat approval, and with certification that a final inspection of the improvements has been made and approved, or an acceptable financial guarantee has been provided for the satisfactory completion of the improvements, the final plat mylar shall be forwarded to the town clerk for signature. Upon signature by all designated staff and the mayor, the applicant shall be notified that the plat is complete and may be recorded at the office of the Clerk of the Circuit Court for Polk County.

(B)

Submittals. The final plat shall conform with F.S. ch. 177, and shall be clearly and legibly drawn, in ink, on mylar, to a scale of not more than one inch equals 100 feet. The overall sheet size shall be consistent with the standards established by the Clerk of the Circuit Court for Polk County for recording. Where the final plat of a proposed subdivision requires more than one sheet, each sheet shall be keyed to a master map with appropriate marks of identification. Each sheet shall be provided with a one-inch margin on each of three sides and a three-inch margin on the left side of the plat for binding purposes.

(C)

Plat data requirements. Information required on the final plat shall include:

1.

Name of plat.

2.

Location of the plat by U.S. Survey System and political subdivision, including section, township, range, county and state.

3.

Names of existing streets abutting or giving access to the proposed plat.

4.

All plat boundaries based on an accurate transverse, with all angular and linear dimensions shown. Error of enclosure of such boundary survey shall not exceed one foot for each 10,000 feet of perimeter survey.

5.

All blocks, lots, street crosswalks, easements and waterways, within and adjacent to the plat, all of which shall have angular and linear dimensions given at all radii, internal angles, bearings, points of curvature, tangents, and lengths of all curves so that no dimensions or data are missing which are required for future location of any of the corners or boundaries of blocks, lots, or streets as listed above. When any lot or portion of the plat is bounded by an irregular line, the major portion of that lot or plat shall be enclosed by a witness line showing complete data, with distances along such lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or a more or less if variable. All dimensions shall be given to the nearest hundredth of a foot. True angles and distances shall be drawn to the nearest established official monuments, not less than three of which shall be accurately depicted on the plat. The intended use of all easements shall be clearly stated.

6.

Curvilinear lots shall show arc distances and radii, chord, and chord bearings. Radial lines shall be so designated. Direction of nonradial lines shall be so indicated.

7.

Sufficient angles and bearings shall identify the direction of all lines and shall be shown to the nearest second.

8.

All rights-of-way centerlines shall be shown with distances, angle bearings or azimuth, points of curvature, points of tangency, points of reverse curvature, points of compound curvature, arc distance, central angles, tangents, radii, chord, chord bearings or azimuth, or both.

9.

All easements or rights-of-way provided for public services or utilities, and limitations of such easements.

10.

All lot numbers and lines. Lot lines shall be marked with accurate dimensions in feet and hundredths of feet, and bearings or angles to street lines.

11.

Accurate descriptions of any areas to be dedicated or reserved for public use with the purpose indicated thereon.

12.

Title, date of survey, graphic scale of map and north arrow. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend.

13.

Permanent reference monuments shall be placed in accordance with the requirements of the town.

14.

Each plat shall show a description of lands platted and the description shall be the same in the title certification. The description shall be so complete that from it, without reference to the plat, the starting point and boundary can be determined.

15.

The clerk of the circuit court certificate and the land surveyor's certificate and seal.

16.

All section lines and quarter section lines occluding in the plat shall be indicated by lines drawn on the plat with appropriate words or figures. If the description is metes and bounds the points of beginning shall be indicated together with all bearings and distances of the boundary lines. If the platted lines are in a land grant or are not included in a subdivision of government surveys, the boundaries shall be so defined by metes and bounds and courses. The point of beginning in the description shall be tied to the nearest government corner, or other recorded or well established corner.

17.

All contiguous properties shall be identified by plat title, plat book and page or, if unplatted, land shall be so designated. If the area platted is a replatting of a part or the whole of a previously recorded plat, sufficient ties shall be shown to the controlling lines appearing on the earlier plat to permit an overlay to be made, and reference to the platting shall be so stated as a subtitle following the names of the plat wherever it appears on the plat.

18.

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

19.

Park and recreation parcels shall be so designated.

20.

All interior excepted parcels shall be clearly indicated and labeled "Not A Part Of This Plat."

21.

The purpose of all areas dedicated must be clearly indicated or stated on the plat.

22.

When it is not possible to show curve detail information on the plat, a tabular form may be used.

23.

Town signature spaces for the mayor, town clerk, town engineer, and the chairman of the planning and zoning board.

(C)

Plat documentation requirements. The following documentation shall accompany the final plat:

1.

A title opinion by an attorney at law, licensed in Florida, or a certification by an abstractor or title company stating that the court records identify that the title of the land as described and shown on the plat is in the name of the person or persons or corporation executing the dedication. In addition, a document entitled, "Consent to Platting of Lands and Partial Release of Mortgage," shall be filed together with the final plat for each person or corporation holding a mortgage on all land included on the plat, where such person or corporation has not signed the final plat.

2.

Certification by a registered land surveyor that the plat represents a survey made by that individual and, further, that all necessary monuments, lot sizes and lot dimensions are correctly shown thereon. Impressed thereon, and affixed thereto, shall be the personal seal and signature of the registered land surveyor by whom, or under whose authority and direction, the plat was prepared.

3.

Certification that all real estate taxes have been paid.

4.

Every plat for a subdivision filed for record shall include any required dedication by the applicant. The dedication shall be executed by all owners having a record interest in the land being platted in the same manner in which deeds are executed. All mortgagees having a record interest in the land platted shall execute, in the same manner as deeds are executed, either the dedication contained on the plat or in a separate instrument joining in the ratification of the plat and all dedications and reservations thereon in the form of a consent to plat from all mortgage interests acceptable to the town attorney. When a tract or parcel of land has been platted and a plat thereof bearing the dedication executed by the developer and approved by the town has been secured and recorded in compliance with this section, all streets, easements, rights-of-way, and public areas shown on the plat, unless otherwise stated, shall be determined to have been dedicated for public uses and purposes stated thereon, not withstanding any separate action by resolution of the town commission to formally accept such offers of dedication.

5.

Any existing or proposed private restrictions and trusteeships and their periods of existence shall be filed as a separate instrument, and reference to such instrument shall be noted on the final plat.

6.

Three prints of as-built drawings showing the improvements that have been constructed according to the certified subdivision plan and a copy of the financial guarantee for completion of required improvements shall be filed with the town engineer prior to plat recording.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 12-12, § 1, 2-14-12)

Construction of streets, drainage facilities, and/or other subdivision improvements prior to actual platting shall be permitted only upon specific application therefor and upon specific approval by the town commission. In granting any such approval, the town commission may impose such conditions, restrictions, and/or time schedules as may be deemed necessary in the public interest.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 12-12, § 1, 2-14-12)

If at the time of application for final plat approval all improvements are not satisfactorily installed, the subdivider shall post a bond in an amount estimated as sufficient to secure to the Town the satisfactory construction, installation and dedication of all required improvements. The performance bond shall also secure all lot improvements on the individual lots of the subdivision as required by these regulations. Such performance bond shall comply with all statutory requirements and shall be satisfactory to the town attorney as to form, sufficiency and manner of execution as set forth in these regulations. An acceptable guarantee for required improvements may take one of the following forms, subject to the approval of the town engineer and the town attorney.

(A)

Performance bond issued by a surety company authorized to do business in the State of Florida.

(B)

An irrevocable letter of credit written by a bank chartered by the State of Florida, or the US government, and acceptable to the town manger. The letter of credit shall include, among other things, an expiration date not earlier than one year from the date of issuance; a provision required by the issuer of the letter of credit to give at least 30 days' notice to the town prior to the expiration or renewal of the letter of credit; and a provision that the letter of credit is automatically renewed for a period of time equaling its original term if the required notice is not given.

(C)

Escrow deposit. The period within which required improvements must be completed shall be specified by the town commission as part of the approval action on the final plat and shall be incorporated in the bond and shall not in any event exceed two years from date of final town approval. The town commission may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the town attorney.

(Ord. No. 04-120, § 1(Exh. A), 12-14-04; Ord. No. 12-12, § 1, 2-14-12)

The town shall provide for periodic inspection of required improvements during construction to ensure their satisfactory completion. If it is found that any of the required improvements have not been constructed in accordance with the town's construction standards and specifications, the subdivider shall be responsible for modifying and/or completing the improvements so as to comply with such standards and specifications. Wherever the cost of improvements is covered by a performance bond, the subdivider and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.

(Ord. No. 04-30, § 1, 4-13-04)

Approval of the final plat shall not constitute acceptance of any area or facilities offered by said plat for dedication to the Town of Dundee. The town commission shall not accept dedication of required improvements nor release nor reduce a performance bond until the town is satisfied that all required improvements have been properly completed and until the engineer or subdivider has certified, through submission of a detailed "as-built" survey plat of the subdivision indicating location dimensions, materials, and other information required by the town, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision and that a title insurance policy has been furnished to and approved by the town attorney indicating that the improvements shall have been completed, are ready for dedication to the town and are free and clear of all liens and encumbrances. Upon such approval and recommendation, the town commission shall thereafter accept the improvements for dedication in accordance with the established procedure.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 12-12, § 1, 2-14-12)

7.01.13.01. Vacating of plat by owner. The owner of any land subdivided into lots may petition the town under the provisions of Chapter 177.101, Florida Statutes, to remove (vacate and annul) the existing plat, or portion thereof, from the official records of the Town of Dundee and Polk County. The applicant vacating a plat, or a part thereof, shall file the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution, and shall pay the appropriate filing fee as established by resolution of the town commission. Following review by the appropriate town departments and recommendation by the planning & zoning board, the town commission shall act on the petition. The applicant shall be responsible for recording the petition and the proof of publication with the Clerk of the Circuit Court for Polk County.

7.01.13.02. Vacating of plat by town. The town commission may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction. Such action may include the vacation of dedicated rights-of-way and easements, provided that:

1.

The subdivision plat was lawfully recorded not less than five years before the date of such action by town commission; and

2.

No more than ten percent of the total subdivision, or part thereof, has been sold as lots by the original subdivider or his successor in title. Such action shall be based on a finding by the commission that the proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the town, and the public health, safety, and welfare will be promoted.

Before acting on a proposal for vacation and annulment of subdivided land the commission shall hold a public hearing, with notice of intent as set forth by F.S. ch. 166. Notwithstanding these provisions, the town may require conformity with existing standards for all or parts of subdivisions as outlined in this section.

(Ord. No. 04-30, § 1, 4-13-04; Ord. No. 12-12, § 1, 2-14-12)

No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat, or a portion of a plat, of reasonable access to such parcel, nor of reasonable access there from to existing facilities to which such parcel presently has access; provided that such access remaining or provided after such vacation need not be the same as that previously existing.

(Ord. No. 04-30, § 1, 4-13-04)

The site development plan procedure shall be required for all multifamily residential and nonresidential construction to ensure that site-specific development projects meet the requirements of this code prior to the issuance of a building permit. It is the intent of this section that the site development plan process be a part of the building permit application process, in that the site development plan is the instrument by which improvements to the site will be constructed and inspected, and by which final inspection and certificate of occupancy shall be issued.

Site development plan approval shall be required prior to the issuance of a building permit for the following:

1.

A parcel of land proposed for a nonresidential use, including hotels, motels, and RV parks.

2.

A parcel of land proposed for multiple-family residential use or a mobile home park.

3.

Clubhouses or similar facilities built on common property within the boundaries of a subdivision.

4.

Division of an existing development site (such a division shall result in a new or modified site development plan for previously existing development, in addition to a separate plan for new development).

5.

An expansion or reconfiguration of any of those types of development which are subject to site development plan requirements.

6.

Any other type of development which the development director determines to be appropriate for the site development plan review process in order to protect the public health, safety and welfare.

Those developments subject to site development plan review as identified in the preceding paragraph shall be processed in the following manner:

7.02.03.01. Site development plan.

Six copies of the site development plan, six completed application forms, all necessary attachments and the requisite application fee shall be submitted to the development director to initiate processing of the plan. Additional plans shall be provided for review by other state, regional and county agencies upon staff request.

(A)

Site development plan preparation requirements. Where the proposed development site is three acres in size or larger, the site development plan shall be prepared by an architect or engineering professional. At the development director's discretion, the same requirement may be applied to sites of less than three acres where the plan proposes high-intensity uses or activities which may have a substantial impact on surrounding properties.

Sketch plans and drawings submitted with variance, conditional use or other zoning-related applications shall not be accepted for review as a site development plan unless [they are] prepared in accordance with the guidelines of this section and contain all required information. In all cases, engineering plans addressing drainage, road construction and other technical aspects of development design shall be sealed by a civil engineer registered in the State of Florida.

(B)

Completeness of plans. Completeness of site development plans shall be determined within five days by the development director, and if complete shall be scheduled for a pre-application conference according to the requirements of section 7.03.00.

Where the proposed development involves only the expansion of existing structures, the development director may reduce or waive certain criteria, data, or other submission requirements as appropriate provided that the following conditions are met:

1.

No existing structure will be expanded by more than 30 percent of its total floor area and/or seating.

2.

No change in the existing use of the site is proposed.

3.

No existing nonconforming use would be expanded, and all other aspects of the site are in conformity with the requirements of this code.

4.

The development site will not be reduced in size.

(C)

Staff review. The development director and other appropriate town staff members shall review the site development plan with specific regard to the codes and ordinances of the Town of Dundee. A pre-application conference shall be scheduled in accordance with section 7.03.00.

The staff review shall identify matters of development policy concern to which the developer shall address particular attention. At the pre-application conference, specific comments to be addressed based on staff's review of the plan shall be provided in writing. The applicant shall be permitted to respond to staff comments at this stage of review.

(D)

Revised plans. Upon agreement by the applicant to incorporate the staff review comments into the plan, the applicant shall submit to the development director revised site development plans in which all concerns of the staff have been addressed. At the development director's discretion, the revised plans may be considered at a second pre-application conference. Alternatively, town staff members may submit comments individually to the development director.

When the development director determines that all staff comments have been adequately addressed, and that the requirements of all applicable town, state and federal regulations have been met, he shall approve the site development plan subject to a concurrency evaluation as provided in section 6.01.00. Under no circumstances shall any site development plan be approved which is inconsistent with any term contained in this development code unless a variance or waiver has been authorized in accordance with the provisions of section 7.06.00 of this code.

(Ord. No. 07-11, § 1, 8-14-07)

At its own discretion, the town commission shall have the authority to review and approve or disapprove any site development plan. Alternatively, the development director may determine that a site development plan is inappropriate for administrative approval. In such cases, the town commission shall review and evaluate the site development plan with specific regard to the comprehensive plan, applicable town codes, and the advisory recommendations of town staff. The town commission shall approve, approve with conditions, or deny the site plan.

In the alternative, the commission may, for the purpose of allowing the applicant an opportunity to address unresolved issues, continue consideration of the site plan. In the event a site development plan is denied, the reason(s) for the denial shall be noted.

(Ord. No. 12-12, § 1, 2-14-12)

On approval of a site development plan, a minimum of eight copies, and any additional copies as may be required by the town, of the approved site development plan shall be submitted to the development director prior to processing of a building permit. The development director shall forward copies of the plan to appropriate town staff, who shall then stamp, sign and date the plan copies. The town clerk shall retain and file one copy of the site development plan to constitute a permanent record of the site development plan. A minimum of three copies of the plan shall be reserved for the applicant, two of which shall accompany the application for building permit submitted to the building director, and one copy to be available for inspection at the job site.

Approved site development plans shall remain valid if a building permit is obtained subject thereto within one year after final approval. Granting of extensions for approval may be made by the development director for a single period up to six months from the date when a site development plan would otherwise expire. An extension may be granted if the director concludes that the recipient of the approved site development plan has proceeded with due diligence and in good faith, and that conditions have not changed substantially so as to warrant a new application. All such requests for extensions must be submitted in writing, with the required fee, not less than 30 days before the expiration of the approved site development plan, stating the reason for the time extension request.

Upon approval of the site development plan, the applicant may proceed to submit detailed construction drawings to the appropriate town staff for permitting. These shall include, but are not limited to, detailed building plans, drainage and stormwater management facilities, road and driveway construction specifications, and tree removal plans.

Nothing contained herein shall preclude the building director from accepting for review and processing building construction plans related to the structural, mechanical, electrical and plumbing systems prior to stamped approval of a site development plan, subject to such conditions as may be established by the building director relative to such pre-plan certification processing.

In such instances, no building permit will be issued until the site development plan has been stamped approved and is on file in the building office. All building and construction permits issued for any project requiring site development plan review shall be consistent with the stamped approved site development plan. The approval of a site development plan shall not under any circumstances be construed to waive or otherwise diminish the applicable town requirements for construction or installation of structures or materials. Whenever a conflict between the site development plan and such construction details occurs, the more restrictive or that requiring the higher standard shall prevail.

Any modification, variation or adjustment of a stamped approved site development plan shall require approval of a site development plan amendment.

The development director shall determine whether a proposed site development plan modification is a major modification or a minor modification. The determination shall be based on but not limited to the following: Any substantial change, including increase in density, change in permitted uses, change in stormwater runoff characteristics, change in traffic patterns and trip generation, or other similar changes shall be considered a major modification; any proposed minor changes in configuration or similar changes shall be considered a minor modification.

The development director may approve a minor modification. If the proposed change or amendment is determined to be other than a minor modification, the development director shall forward any revisions to appropriate members of town staff, outside consultants, or town commission for recommendations and/or approval of the change.

(Ord. No. 12-12, § 1, 2-14-12)

Any development involving the following provisions of this code shall be coordinated as set forth below:

(A)

Development built in phases. Development built in phases or stages must clearly show the various phases or stages of the proposed development on the site development plan and on all subsequent site development plans. Any amenity or stormwater management system proposed in any future phase shall be constructed in the first phase of development. A site development plan must be submitted for each successive phase of the development.

As part of the application for site development plan approval, the developer shall submit a proposed schedule for completion of such improvements. Once a schedule has been approved and made part of the site development plan requirements by the development director, no land may be used and no building may be occupied except in accordance with the schedule approved as part of the site plan. If no schedule has been approved, no more than two years shall elapse between the filing of successive site development plans.

(B)

Variance or waiver. Those developments requiring a variance or a waiver from any applicable regulation of this code in conjunction with site development plan review shall have the appropriate request acted upon by the development special magistrate or the town commission. This shall include existing development sites, proposed for expansion or reconfiguration, which are nonconforming to any requirement of this code. The site development plan may be reviewed concurrently with review and action on the variance or waiver request, but the site development plan shall not be approved until the variance or waiver has been approved.

(C)

Special exceptions. For developments requiring a special exception approval, a request for such approval shall be submitted to the planning and zoning board and the town commission, and the special exception shall be approved prior to final approval of the site development plan. A site development plan and a special exception request may be processed concurrently.

(Ord. No. 12-12, § 1, 2-14-12; Ord. No. 19-04 , § 4(Exh. A, § 1(f)), 3-26-19)

Failure to comply with a stamped approved site development plan or any of the conditions upon which such approval was contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to a stamped approved site development plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this section for a site plan shall constitute a violation of this code and may be subject to a stop work order.

When requesting site development plan approval, the applicant shall furnish proof that the development site is unified by title, and not spatially divided by ownership (however, multiple ownership is permissible so long as each owner or investor holds a percentage or proportionate interest in the site as a whole). The development site shall be designed to provide all required facilities, including parking and stormwater retention; no such facilities shall be located offsite. The entire site shall have the zoning designation required to accommodate the principal use.

No development site, once granted site development plan approval, shall be divided except through the site development plan modification process established in section 7.02.07.

Site development plans shall be drawn to a minimum scale of one inch equals 100 feet on an overall sheet size not to exceed 22 by 36 inches. When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon. The following information is required on or in an acceptable form so as to accompany the site development plans respectively:

1.

Site development plan name.

2.

The property owner's name, address and telephone number; and the designated project applicant or representative if other than property owner. In addition, it shall reserve a blank space, three inches wide and five inches high, for the use of the approving authority.

3.

The engineer's name, address, telephone number and registration number.

4.

North arrow, scale and date prepared.

5.

A certified boundary survey of the tract prepared by a surveyor registered with the State of Florida showing the location and type of boundary evidence related to the state plane coordinate system if available and the accurate legal description of the property and a computation of the total acreage of the tract to the nearest tenth of an acre. Survey must have been done within one year prior to filing.

6.

Zoning district assigned to the property which is the subject of the site plan and to the properties contiguous thereto.

7.

Identification of watercourse, wetlands, tree masses and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique areas.

8.

Gross and net site area expressed in square feet and acres.

9.

Number of units proposed, if any, and resulting net density.

10.

Number of floors, floor area devoted to each category of use.

11.

Delineation in mapped form and computation of the area of the site devoted to building coverage and open space for the lot expressed in square feet and as a percentage of the overall site.

12.

Number of parking spaces required and proposed (stated in relationship to the applicable formula).

13.

Location, type and size of vehicular use area (including but not limited to all paved parking spaces and driveways) expressed in square feet.

14.

General location of all driveways, parking areas and curb cuts and their relationship to publicly dedicated streets.

15.

Location of all public and private easements and streets within and adjacent to the site.

16.

The location, size and height of all existing and proposed buildings and structures on the site including setback lines.

17.

Depiction (by shading or cross hatching) of required landscape areas.

18.

Sign location.

19.

Phase lines, if the development is constructed in phases.

20.

Location map at a scale of not less than one inch equals 2,000 feet and indicating state plane coordinates, if available.

21.

Existing (including official records book and page numbers) and proposed utility easements.

22.

Provisions for both on- and off-site stormwater drainage and detention related to the proposed development.

23.

All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the nearest one-tenth and all bearings in degrees, to the nearest minute.

24.

All existing and proposed street right-of-way reservations and easements, watercourses and their names.

25.

Existing topography with a maximum contour interval of one foot.

26.

Proposed finished grading by contours supplemented where necessary by spot elevations and in particular at those locations along lot lines.

27.

The delineation of all wetlands and floodprone areas as delineated by the National Wetlands Inventory and the flood insurance rate maps published by the Federal Emergency Management Agency (FEMA).

28.

Clearly show and delineate all environmentally sensitive areas as determined by any appropriate agency.

29.

Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.

30.

Provisions for adequate disposition of natural surface waters and stormwater runoff in accordance with design criteria and standards established in article 3, including the location, size and type or grade of ditches, catchbasins, and pipes and connections to existing drainage systems including rim and invert elevation, and onsite water retention.

31.

All existing and proposed utilities, including but not limited to:

a.

Water and sanitary sewer pipe sizes, rim and invert elevations, direction of flow and top and bottom elevations and fire hydrant locations and flows.

b.

Telephone, electric, gas and other utilities.

32.

Location of solid waste receptacles.

In reviewing and formulating recommendations to the town commission on requested or proposed changes in this code or changes in land use classification, the planning and zoning board shall consider and evaluate the changes in relation to all pertinent factors, including the following:

(A)

The character of the district and its peculiar suitability for particular uses.

(B)

Conservation of the value of buildings and encouraging the most appropriate use of land throughout the town.

(C)

The applicable portions of any current town plans and programs such as land use, trafficways, recreation, schools, neighborhoods, drainage and housing.

(D)

The needs of the town for land areas for specific purposes to serve population and economic activities.

(E)

Whether there have been substantial changes in the character or development of areas in or near an area under consideration for rezoning.

(F)

The facts and opinions presented to the planning and zoning board through hearings.

(G)

The public welfare: Is there a substantial relationship between the protection and advancement of the health, safety, morals and general welfare of Dundee and the zoning or land use classification you are recommending for the property in question? A recommendation to keep the zoning or land use the same, and therefore deny the request, still requires you to answer this question.

(H)

Comprehensive planning: Has the town undertaken a thorough study of all of the factors and conditions that influence the growth and development of Dundee, and developed a comprehensive plan that safeguards the wishes of the people and their general welfare? Has the comprehensive plan been adopted according to Florida Statutes, and how does it direct and guide the zoning or land use decision before you?

(I)

Need of the change: Has there been a significant change in the assumptions that underlie the comprehensive plan and the zoning map for Dundee, that would support the requested rezoning? Has there been a great deal of growth or has new infrastructure been extended to the property or has the petitioner presented a market analysis or other information that would change the planning conclusions supporting the present zoning district?

(J)

State concerns (level of service): This is another way of describing the system of infrastructure in the town. It refers not only to water, sewer, streets and drainage, but also to fire and police protection, recreation facilities, schools, garbage collection and disposal, health care, jails, and the condition of the natural environment itself. What impact will the change in zoning or land use have on the current and future level of service of all of these systems and services?

(K)

Zoning and use of nearby property: What is the pattern of zoning of nearby property, and how does the pattern of the actual land use compare to the zoning? This knowledge is important in judging whether the comprehensive plan and the zoning map are reasonably consistent in accommodating development and in respecting the timing of development. Depending on the inconsistency of the two patterns, rezoning may be overdue, or early, and the comprehensive plan may require amending to keep things synchronized.

(L)

Substantial change in land use circumstances: Apart from paragraph (I), above, have there been significant changes in land use in the vicinity of the property requested for rezoning? Such changes are substantial if they include: widening of a street from two lanes to three or four lanes; a large expansion of an existing use like a new wing on the hospital or the doubling of an office complex; the completion of a subdivision that was only platted a few years ago; the construction of a new public facility like a park, fire station, or even a town hall; or any number of other examples. One such change may not be significant, but several would be.

(M)

Effect on property values: Has evidence been presented that the proposed rezoning will adversely affect the value of neighboring property? This information can be presented by either the petitioner or the opponents. And, has the petitioner presented any information that shows that the current zoning classification has devalued the property by removing some or all of its reasonable use?

(N)

Suitability: Is the land, the location and the amount of property suitable for the purposes for which it is zoned, or is the proposed rezoning or land use change better? This idea also requires an answer to a related question: Is the requested zoning or land use classification compatible with development on surrounding property, or can it be made so with the imposition of conditions, buffers or limitations on the uses within the zone? The answers to these questions should lead to a conclusion as to the appropriate use of the property.

(O)

Time vacant: How long has the property been vacant under the present zoning classification, or a similar classification prior to its present one? This information should be compared to the rate of land development in the vicinity of the property and particularly in the conversion of vacant land to development in the same zoning district in other parts of the town.

(P)

Gain versus hardship: This idea has only one interpretation and should be answered before you recommend denial. Is the public gain in maintaining the present zoning or land use classification so great that the hardship imposed on the property owner is justified?

(Ord. No. 12-12, § 1, 2-14-12)

The following procedure shall be followed in enacting amendments to this code:

(A)

Rezoning. A petition for rezoning of land may be filed by an owner thereof or by any person having a legal or equitable interest therein.

(B)

Change of district regulations. A petition for a change of district regulations may be filed by any citizen or owner of land in the town.

(C)

Formalities; filing; information required. Petitions for change of zoning or district regulations shall be addressed to the planning and zoning board and shall be filed with the development director. Material submitted with the petition or on subsequent request by the planning and zoning board shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. Such materials as are presented at the town commission public hearing shall be substantially the same as those materials presented at the planning and zoning board public hearing unless the planning and zoning board or town commission so directs the petitioner to furnish additional information or materials for the town commission public hearing. If the petitioner desires to submit substantially different or new material to the town commission, the petition will first be remanded to the planning and zoning board for further consideration and the petitioner shall be assessed for all direct costs incurred by the town because of the rehearing. However, in no case shall the petitioner furnish information or material to the town commission that is contradictory, in conflict with or counters information or materials furnished to the planning and zoning board.

(D)

Petition and recommendation sent to town commission. After consideration of a proposal or a petition for a change in the zoning district classification or in district regulations the planning and zoning board shall transmit the petition and its recommendations thereon to the town commission.

(E)

Public hearing. No recommendation for a change in zoning district classification or in district regulations shall be made by the planning and zoning board to the town commission unless and until a public hearing as prescribed in section 8.06.00 has been held by the planning and zoning board.

(F)

Proposals processed as petitions. Proposals originating with the town commission or initiated by the planning and zoning board shall be processed in the same manner as provided for petitions in the preceding paragraphs.

(Ord. No. 12-12, § 1, 2-14-12)

The following procedure shall be followed in processing recommendations by the planning and zoning board:

(A)

After recommendation. No change or amendment, relating to the boundaries of the various zoning districts and the regulations applicable thereto, shall be made by the town commission unless the proposal or request for such change has been considered by the planning and zoning board and the town commission has received a recommendation thereon from the planning and zoning board.

(B)

Failure to act within certain period. The town commission may, however, act on any such change or amendment without a recommendation from the planning and zoning board if the planning and zoning board has not acted on the matter within 30 days of the date of the first regular meeting of the planning and zoning board after a petition or proposal for a change or amendment has been filed with or received by the development director.

(Ord. No. 12-12, § 1, 2-14-12)

If a petition or recommendation for a change or amendment to this code is not acted upon finally by the town commission within six months of the date upon which the report of the planning and zoning board is filed with the town commission, such petition shall be deemed to have been denied.

(Ord. No. 12-12, § 1, 2-14-12)

Procedures under this section shall conform to the following time limitations:

(A)

Denial; same rezoning; reconsideration after one year. Whenever the planning and zoning board has taken action to recommend denial of a petition for rezoning of property, the planning and zoning board shall not consider any further petition for the same rezoning of any part of the same property for a period of six months from the date of such action.

(B)

Amendatory ordinance; same rezoning; reconsideration after six months. Whenever the town commission has changed the zoning of property by an amendatory ordinance, the planning and zoning board shall not consider any petition for rezoning of any part of the same property for a period of six months from the effective date of the amendatory ordinance.

(C)

Waiver by town commission; conditions. The above time limits for planning and zoning board consideration may be waived by the town commission by the affirmative vote of four commissioners, when the town commission deems such action necessary to prevent an injustice or to facilitate the proper development of the town.

(Ord. No. 12-12, § 1, 2-14-12)

The method and time of giving notice of public hearings before the planning and zoning board shall be as required in section 8.06.00.

(A)

Application; fees. All requests for special exceptions shall be submitted in writing to the development director, together with all applicable fees as provided by resolution.

(B)

Contents. The application shall contain the following items, as applicable:

1.

A legal description and street address of the property.

2.

Notarized authorization of the owner if the applicant is other than the owner or an attorney for the owner.

3.

Site plan or sketch plan drawn to scale showing:

a.

The dimensions of the property;

b.

The existing and proposed location of structures on the property including signage, vehicular accessways and circulation areas, offstreet parking and loading areas, sidewalks, refuse and service areas, required yards and other open spaces, and landscaping or buffer areas;

c.

The measurements of existing and proposed adjacent rights-of-way, setbacks, distances between buildings, widths of accessways and driveways, and sidewalks.

4.

A tabular summary describing the proposed use of the property including:

a.

Existing and proposed use of property;

b.

Conditions on the use, such as hours of operation, numbers of residents, etc.;

c.

Area of the property, pervious and impervious areas, and existing and proposed structures;

d.

Number of required and provided offstreet parking and loading spaces, existing and proposed density, and number of existing and proposed units.

(A)

Completeness review. Within five working days of receipt of an application for a special exception, the development director shall:

1.

Determine that the information is incomplete and inform the applicant in writing of the deficiencies.

2.

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

(B)

Report to planning and zoning board. The development director shall submit a written report containing his/her recommendations on the proposed special exception to the planning and zoning board prior to the meeting at which the application will be heard. A copy of the report shall be made available to the applicant. The planning and zoning board review shall include a concurrency management review of the proposed use pursuant to the standards and procedures in article 6 of this code.

(C)

Planning and zoning board hearing. The planning and zoning board shall hold a public hearing on each application and shall forward its recommendations to the town commission.

(D)

Decision by town commission. The town commission shall hold a public hearing after due public notice on all recommendations for special exceptions from the planning and zoning board. By majority vote, it may accept, reject, modify, return or continue and seek additional information on those recommendations.

(E)

Conditions and safeguards. The development and use of the site of an approved special exception shall be in accordance with the approved site plan and application materials. The approved site plan shall be filed with the development director, and all development shall be in compliance with that plan. The planning and zoning board may recommend and the town commission may impose on the grant of any special exception any conditions or safeguards found to be necessary to ensure the compatibility of the special exception with surrounding properties or the community in general. These may include, but are not limited to, requiring restrictions on hours of operation and size of buildings, additional landscape and buffer areas, limiting vehicular access points and location of offstreet parking, and similar conditions. Violation of any such condition or safeguard shall be deemed a violation of this code and may result in a revocation of any special exception, in addition to any other remedy for such violation provided in this code.

(F)

Denial. The planning and zoning board may recommend denial of any application for any special exception, and the town commission may deny any application for special exception, for one or more of the following reasons:

1.

It is inconsistent with the Town of Dundee comprehensive plan.

2.

It would violate the concurrency management standards in article 6 of this Code.

3.

It does not meet the requirements of the applicable special exception regulations.

4.

It would endanger the public health and safety.

5.

It would substantially injure the value of adjoining properties.

6.

It would not be compatible with the area in which it is to be located.

(G)

Findings. The town commission shall make written findings, based on one or more of the reasons listed above, in support of a denial of an application for a special exception.

(Ord. No. 12-12, § 1, 2-14-12)

If a special exception does not begin to serve the purpose for which it was granted permission within 180 days from the date of approval, it shall expire. Once initiated, the special exception use may continue indefinitely or until the expiration of any time limit established as a condition of approval. However, if such use is abandoned for 180 days, it shall expire.

The granting of a variance shall be based on a determination by the development special magistrate that the request will not be contrary to the public interest and the intent of this code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience or economics shall not be considered as justification for a variance. Approval of a variance shall be based solely on the following criteria, all of which must be fully satisfied:

1.

Special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same land use classification.

2.

The special conditions and circumstances do not result from the actions of the applicant.

3.

The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this code to other lands or structures in the same land use classification.

4.

Literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant.

5.

That the variance granted is the minimum variance that will make possible a reasonable use of the land or structure.

6.

That the granting of the variance will be in harmony with the general intent of this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

For each variance granted, the development special magistrate shall approve and sign a written order listing the above criteria and attesting that each has been satisfied.

( Ord. No. 19-04 , § 4(Exh. A, § 1(h)), 3-26-19)

Nonconforming uses shall not be:

1.

Enlarged, increased or expanded to occupy a greater land or floor area than at the effective date of this code or amendment to the code, whichever date created the nonconformity; provided, however, that a variation permitting the enlargement of a yard setback on property upon which an otherwise permissible non-conforming use exists may be granted by the development special magistrate, where the criteria set forth in section 7.06.01 has been met.

2.

Enlarged or intensified through the erection of any additional structure or use that is not permitted under the provisions of this code.

3.

Re-established if destroyed or if use is discontinued for 90 consecutive days.

4.

Moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of this code.

Nonconforming uses of land where no principal structure exists, other than agriculture, shall be discontinued within two years of the adoption of this code or amendment thereto, whichever date rendered the use nonconforming.

(Ord. No. 98-02, § 1, 2-10-98; Ord. No. 19-04 , § 4(Exh. A, § 1(i)), 3-26-19)

Lots not meeting the standards established in this code for minimum width, depth and area but recorded in the public records of Polk County prior to the date of adoption of this code or amendment thereto may be used for building purposes with the following provisions:

1.

Single-family dwelling units shall not be built on lots of less than 50 feet in width and 5,000 square feet in size without a variance authorized by the development special magistrate.

2.

All other structures shall be built on lots of no less than 60 feet in width and 6,000 square feet in size without a variance authorized by the development special magistrate.

3.

Contiguous lots which are of single ownership, and do not separately meet width, depth and area requirements of the applicable zoning requirements, may be considered separately for development purposes only by a variance granted by the development special magistrate.

4.

Nonconforming lots of record shall not be reduced in size, width or depth without a variance authorized by the development special magistrate.

5.

All development permitted on nonconforming lots of record shall be subject to normal setbacks and all other requirements of this code.

(Ord. No. 94-06, § 1, 6-14-94; Ord. No. 19-04 , § 4(Exh. A, § 1(j)), 3-26-19)

Structures qualifying as nonconforming shall not be:

1.

Moved in whole or in part, if nonconforming by use, to another location on the same parcel or lot which it occupies.

2.

Transported to any other parcel of land unless such transport would render the structure conforming to all applicable provisions of this code.

3.

Enlarged or expanded in any manner, unless such enlargement reduces the degree of nonconformity and is carried out in accordance with the provisions of this code.

4.

Rebuilt, repaired or renovated in excess of 50 percent of the assessed value of the structure, as determined by the Polk County property appraiser.

Structures which are nonconforming by size, but not by use, may be enlarged if the addition will reduce a nonconformity of floor area and will meet required setbacks. Structures which are nonconforming by setback, but not by use, may be enlarged if all new construction meets required setbacks.

Existing mobile home parks which are nonconforming by use shall not be redesigned, expanded in area, or modified to accommodate additional mobile homes. Replacement of existing mobile homes in such parks shall be prohibited.

Mobile home parks which are nonconforming by design only may be expanded in area and/or modified so as to reduce or eliminate those aspects of design which render it nonconforming. The development director may authorize additional mobile home sites in such parks upon submission of a site development plan showing a redesign of the park which substantiates the following:

1.

Overall density of the park will not exceed the allowable density established in the comprehensive plan and the appropriate section of this code.

2.

An area comprising 20 percent of the development site or five acres, whichever is less, shall be set aside as common open space as defined in article 9.

3.

No new mobile home will be placed within 20 feet of any property line.

4.

Where possible, all development standards of the zoning district have been met, or the degree of nonconformity reduced. In no case shall the degree of nonconformity of any design aspect be increased.

A redesign proposal which does not include the addition of new mobile home spaces shall not be subject to conditions 1. and 2. above.

The replacement of an existing mobile home on property which is not designated for mobile home use on the official zoning map shall be prohibited.

The PUD approval process shall address land use density and intensity, building types, location of major roads and interior road networks, and the design for public utility service(s). The planning and zoning board and the town commission may exercise broad discretion in the master development plan review process, and such review process shall be deemed to be an integral part of the zoning decision pertaining to such property.

As a condition for processing a PUD application, the development director, the planning and zoning board, or the town commission may require the owner of the property to undertake specific studies or reports to be submitted regarding soil types, environmental aspects of the land or the impact of the proposed development on town utilities, roads, or other facilities. Proximity to wetlands, nature of vegetation, site-specific and offsite environmental characteristics and impacts, and other appropriate matters of impact on the community may be taken into consideration by the planning and zoning board and the town commission. The property owner may be required to provide whatever design features are necessary to minimize adverse impacts on the community or abutting properties, including the provision of any needed off-site improvements.

(A)

Master development plan. Development requirements in a PUD are established through an approved master development plan (MDP), to be in conformance with the town's comprehensive plan and the development standards of these regulations. The MDP shall establish the overall development concept, dividing the development site into tracts and assigning generalized land use types to each (i.e., recreation, retail commercial, townhouses, low-density single-family, etc.), and depicting the approximate locations of roads, water bodies, utility plants, and other features of the development site.

Site development plans or subdivision plats for specific tracts shall be designed according to the development standards established in the master development plan. No proposed use, or development standards, shall be approved for a particular location unless consistent with the comprehensive plan, the future land use map, and these regulations.

Tracts proposed for all land uses shall be labeled on the master development plan as to type of use proposed (i.e., recreation, open space, utility sites, etc.) the acreage, number of dwelling units or square footage of nonresidential uses, and the number and layout of off-street parking and loading spaces to be provided. Written information describing land uses, the density and/or intensity of land uses, recreation and open space areas, and rights-of-way, among other things, shall be included with the PUD application and considered part of the master development plan.

(B)

Master development plan conference. At the option of the applicant, the development director shall schedule a master development plan pre-application conference, at which time the applicant may outline his proposal to all appropriate town staff members. The purpose of the pre-application conference is to assist the developer in clearly understanding all relevant code requirements, identify development issues specific to the proposed project, and discuss any other procedural issues relative to the review of the request.

(C)

Master development plan (general). The master development plan (general) serves as a zoning category placeholder for a project. Prior to development of the property, a detailed master development plan in conformance with section 7.9.01(D) must be reviewed and approved by the planning and zoning board and the town commission. Review and approval of a master development plan (general) constitutes a zoning change resulting in a PUD zoning designation. The determination by the planning and zoning board and town commission concerning the appropriateness of the MDP-General shall be based on the same factors as any other change of zoning designation, including consistency with the future land use map and compatibility with surrounding land uses.

In addition to other requirements of the rezoning process, applications for PUD designation shall include the following:

(1)

A letter of transmittal officially submitting the proposal for approval, signed by the developer or his authorized representative.

(2)

Firm evidence of unified control by the developer of the entire proposed PUD site and a signed statement that, if he proceeds with the proposed development, he will:

a.

Abide by the officially approved master development plan of the development, and such other conditions and modifications as may be included.

b.

Secure written consents and agreements from all property owners of record within the PUD that they have given the applicant authority to act in their behalf and that said representative or agent has the delegated authority to represent the owner or owners and they agree that all commitments made by the aforementioned representative or agent are binding.

c.

Receive approval of a master development plan in conformance with section 7.09.01(D) from the town commission prior to site development plan approval and/or development approval.

(3)

A statement of the applicant's interest in the property to be rezoned, including certificate of title or attorney as to ownership and, if a contract purchaser, written consent of the seller/owner; or, if a lease, a copy of the lease agreement and written consent of the owner(s).

(4)

A certified boundary survey of the tract prepared by a surveyor registered with the State of Florida showing the location and type of boundary evidence related to the state plane coordinate system, and the accurate legal description of the property in metes and bounds and a computation of the total acreage of the tract to the nearest tenth of an acre. Survey must have been done within one year prior to filing.

(5)

Three copies, or as many as requested by the development director of a scaled master development plan (general) of the entire proposal showing the following information:

a.

A key map at a convenient scale showing existing roads, streams, street rights-of-way and street intersections; the location of the nearest public roads on all four sides; a statement indicating the distance to all public improvements such as schools, firehouses, public recreational areas and the like, which would serve the subject development; a description of how the proposed development is in conformity with the Town of Dundee Comprehensive Plan and all relevant laws, ordinances, and regulations.

b.

Location, with pavement type, right-of-way, names, and other related appurtenances, of all existing public streets adjoining or traversing the site. In the event no public street now adjoins the site, sufficient description by metes and bounds as to identify the location of the site shall be required.

c.

Identification of the name, plat book, and page number of any recorded subdivision comprising all or part of the site.

d.

Identification and location of any existing watercourses, lakes, wooded areas, or other significant natural physical features upon the site, as well as on adjacent property within 250 feet of outside boundaries and proposed alterations to said features.

e.

Location and spatial arrangement of all land uses proposed, including the number of acres in each land use. Include the proposed residential densities and development type (i.e., single-family residential, multifamily residential, commercial shopping center, hotel/motel, mixed use, etc.) if known.

(D)

Requirements for master development plan review. The review and approval of a master development plan constitutes a zoning change resulting in a PUD zoning designation. The determination by the planning and zoning board and town commission concerning the appropriateness of the MDP shall be based on the same factors as any other change of zoning designation, including consistency with the future land use map and compatibility with surrounding land uses.

In addition to other requirements of the rezoning process, at the discretion of the development director, applications for PUD designation shall include the following:

(1)

A letter of transmittal officially submitting the proposal for approval, signed by the developer or his authorized representative.

(2)

Firm evidence of unified control by the developer of the entire proposed PUD site and a signed statement that, if he proceeds with the proposed development, he will:

a.

Abide by the officially approved master development plan of the development, and such other conditions and modifications as may be included.

b.

Provide proposed agreements, covenants, or other appropriate mechanisms for completion of the undertaking in accordance with the approved master development plan as well as for the continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, and/or maintained at general public expense.

c.

Bind his development successors in title to any commitments made as a condition of development approval.

d.

Secure written consents and agreements from all property owners of record within the PUD that they have given the applicant authority to act in their behalf and that said representative or agent has the delegated authority to represent the owner or owners and they agree that all commitments made by the aforementioned representative or agent are binding.

(3)

A statement of the applicant's interest in the property to be rezoned, including certificate of title or attorney as to ownership and, if a contract purchaser, written consent of the seller/owner; or, if a lease, a copy of the lease agreement and written consent of the owner(s).

(4)

A certified boundary survey of the tract prepared by a surveyor registered with the State of Florida showing the location and type of boundary evidence related to the state plane coordinate system, and the accurate legal description of the property in metes and bounds and a computation of the total acreage of the tract to the nearest tenth of an acre. Survey must have been done within one year prior to filing.

(5)

Five copies of a scaled master development plan of the entire proposal showing the following information, as required by the development director:

a.

A key map at a convenient scale showing existing roads, streams, street rights-of-way and street intersections; the location of the nearest public roads on all four sides; a statement indicating the distance to all public improvements such as schools, firehouses, public recreational areas and the like, which would serve the subject development; a description of how the proposed development is in conformity with the Town of Dundee Comprehensive Plan and all relevant laws, ordinances, and regulations.

b.

Location, with pavement type, right-of-way, names, and other related appurtenances, of all existing public streets adjoining or traversing the site. In the event no public street now adjoins the site, sufficient description by metes and bounds as to identify the location of the site shall be required.

c.

Identification of the name, plat book, and page number of any recorded subdivision comprising all or part of the site.

d.

Identification and location of any existing watercourses, lakes, wooded areas, or other significant natural physical features upon the site, as well as on adjacent property within 250 feet of outside boundaries and proposed alterations to said features.

e.

Location and spatial arrangement of all land uses proposed, including the number of acres in each land use, proposed residential densities, and development type (i.e., single-family residential, multifamily residential, commercial shopping center, hotel/motel, mixed use, etc.).

f.

All existing and proposed means of vehicular access to and from the site, including an internal traffic circulation plan depicting arterial and collector streets.

g.

A transportation analysis, prepared by a professional in the field of transportation planning, to include an estimate of average trips/land use, total average daily trips, distribution of total peak hour trips on existing and/or proposed transportation network, and distribution splits onto existing and/or proposed transportation network (may be waived at development director's discretion).

h.

Location of existing structures and/or open space facilities of adjacent properties within 250 feet of any boundary line of the site (use of a recent aerial photo is adequate).

i.

A statement by the applicant of the major planning assumptions and objectives of the development project including but not limited to:

1.

Size and/or scope of development.

2.

Projected population.

3.

Proposed timing and phases of development.

4.

Proposed ownership and forms of organization to maintain common open space and facilities.

j.

A general layout of the types, quantities, and location of trees and other such significant vegetative features (use of a recent aerial photo is adequate).

k.

A map of soil conservation service soil classification by soil associations.

l.

A general floodplain map indicating areas subject to inundation and high groundwater levels up to the 100-year flood zone boundary, at a scale of one inch to 500 feet.

m.

Delineation of all wetland areas on the site including type (i.e., FDEP jurisdictional, SWFWMD isolated, and all others). For the purpose of master development plan review, wetland areas may be assumed using the best available data sources including, but not limited to, aerial photographs, recognized published reports/studies, etc.

n.

The most recent aerial photograph available, with the areas to be modified delineated.

o.

Preliminary drainage plan showing existing topographic contours at one-foot intervals, identification of the major natural drainage basin(s) of the site, areas for proposed stormwater management retention/detention basins, and location of outfall.

p.

A description of anticipated potable water and sanitary sewer demands of the proposed development and what facilities are available or projected to be available to meet this demand.

q.

Any other reasonable information that may be required by the development director which is commensurate with the intent and purpose of this Code.

Upon receipt of the materials described above, the development director shall transmit copies of relevant materials to various town and county officials and agencies as appropriate.

When review of the proposed PUD is complete, the development director shall recommend approval, conditional approval, or denial to the planning and zoning board and the town commission for its review and consideration. The development director shall include with his recommendations the zoning application and a written report that shall include all pertinent documents, comments of the reviewing town officials, and any other applicable documentation or graphics.

(E)

Planning and zoning board review and recommendation. The planning and zoning board shall hear the request at a scheduled public hearing and recommend to the town commission whether the proposed rezoning shall be approved, approved with modifications or conditions, or denied. The official minutes of the meeting shall include a summary of the reasons for the board's advisory recommendation. The board shall make findings as to:

(1)

The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, relation to surrounding areas, concurrency, and other requirements of this Code.

(2)

Conformity of the proposed development with the comprehensive plan and/or stated planning and development objectives of the Town of Dundee.

(3)

Conformity with these regulations, or as to desirable modification of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes.

(4)

Compatibility with surrounding land uses.

(5)

All such other review criteria as may be appropriate.

In consultation with the town attorney, the board shall also assess the adequacy of the following items relating to arrangements for ownership, operation, and maintenance of common properties and/or facilities which are not provided at public expense:

(1)

Evidence of unified control of the overall development site.

(2)

Suitability of any proposed agreements, or contracts, or other instruments which are to be executed to create or provide the facilities.

(3)

The need for such instruments or for amendments in those which have been proposed.

(F)

Action by the town commission. Upon completion of required action by the planning and zoning board, the development director shall transmit the application to the town commission and place the item on the next available agenda. That transmittal may include all pertinent documents submitted by the applicant, the development director's report and recommendation, the planning and zoning board findings, and any other applicable documentation or graphics. The town clerk shall keep all this material as part of the public record of the town commission. The town commission may:

(1)

Deny the application.

(2)

Phase the application to ensure compliance with the standards herein and other standards and requirements in this Code.

(3)

Modify the application so that these standards are met.

(4)

Grant conditional approval or modification of the application, attaching whatever reasonable conditions or requirements the town commission deems necessary to ensure compliance with these standards or maximum mitigation of the adverse impacts of the development.

(5)

An approved master development plan can serve as an approved site development plan if all the requirements of the site development process have been addressed and the ordinance adopting the master development plan reflects the designation.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13)

Conditions placed on a request by the town commission may include requiring the applicant, at his cost and expense, to:

(A)

Finance or dedicate land for public rights-of-way, easements, parks and open space, school sites, or other such sites as may be necessary to protect the health, safety, and welfare of the residents of the PUD.

(B)

Finance or construct potable water, wastewater, or drainage facilities.

(C)

Any other reasonable conditions necessary to ensure compliance with these standards, if the applicant agrees in writing, in a recordable agreement binding upon his successors and assigns, that no further processing of the development request, pursuant to the provisions of this Code, shall occur until the requirements of this article are met. Attachment of these conditions shall be voluntary on the part of the applicant, and agreement by the applicant to provide any conditions will not, in any way, obligate the town to approve the subject application. Any conditional approval shall be based solely on the fact that the development application, as modified or conditioned, meets the standards of this article, and may not be based solely on the granting of certain conditions deemed favorable by the town unless the standards of the planned unit development district are thereby met.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13)

(A)

General uses. Approval of a planned unit development shall constitute a rezoning of the subject property and amendment to the official zoning map. Any and all development of the approved PUD shall be in strict conformance with the master development plan, as approved by the town commission.

In the event of an amendment to the comprehensive plan, the land development code, or other applicable regulations which occurs prior to completion of construction of the PUD, all subsequent development which has not received approval under section 7.01.00 (subdivision regulations) or section 7.02.00 (site development plan regulations) as of the date of the amendment shall be consistent with the new regulations. Approval of development under these sections of the code shall be valid for one year. Unless construction begins on or before the first anniversary date, development approval shall be null and void, and the new standards shall apply.

Previous approval of a master development plan shall not by itself convey the right to develop property in a manner which is inconsistent with the comprehensive plan and current codes. Prior to approval of further subdivision plats or site development plans within the PUD, the master development plan shall be amended to reflect amended codes or other requirements.

(B)

Special exception uses. No separate approval of a special exception use shall be required within a PUD, provided that the proposed use and its location are noted on the master development plan. However, any use listed in the table as a special exception may be denied if the town commission determines the proposed use would be incompatible with surrounding land uses, either inside or outside the PUD. Additional uses proposed after approval and/or development of the PUD shall be authorized as a PUD amendment rather than through the special exception process.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13)

Amendment or termination of a PUD. Once PUD approval is granted, all development within the PUD development site shall be in conformity with the approved master development plan. In the event a developer wishes to deviate significantly from the approved development pattern, he shall either submit an amended master development plan or apply for a conventional zoning classification through the normal rezoning process.

The addition to or removal of any tract or parcel from a PUD shall require an amendment to the master development plan. Any amendment, variation, or adjustment of a master development plan shall require approval according to the following:

1.

Major amendment. Submission for review and approval by the planning and zoning board and the town commission.

2.

Minor amendment. Submission for review and approval by the development director.

The development director shall determine whether a proposed master development plan amendment is a major amendment or a minor amendment. The determination shall be based on, but not limited to the following: Any substantial change to the MDP, including increase in density, change in permitted uses, change in stormwater runoff characteristics, rearrangement of designated open space or recreation areas, change in traffic patterns and trip generation, or other similar changes shall be considered a major amendment to the plan; any proposed minor changes in configuration or similar changes shall be considered a minor amendment to the plan. The development director may, at his discretion, forward any application for plan amendment to one or more individual departments for review and recommendation both as to its classification as a major or minor amendment and as to whether it should be approved, approved with conditions, or denied.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13)

Rather than construct the entire PUD at once, the developer may choose to build the project in phases. Phased development of a PUD is permissible under the following conditions:

(A)

Developer must submit a construction schedule covering all phases of the PUD to the development director. This schedule may be revised from time to time as necessary.

(B)

All roads, drainage, and utility facilities needed to support all phases shall be completed and available for use prior to issuance of any building permits. Roads, drainage, and utility facilities specific to a phase that do not support other phases may be built at the time of the appropriate phase. A site development plan must be submitted for each successive phase of the development.

(C)

If open space is required, at least 30 percent of the total acreage of each phase shall qualify as designated open space, as defined in paragraph article 2, section 2.02.03.08(A)(1), unless the entire project's open space is provided in the first phase. No less than one-half of this acreage shall be developed as common recreation area, as defined in article 2, section 2.02.03.08(A)(2). All recreation facilities shall be completed and available for use prior to issuance of certificates of occupancy.

(D)

No individual phase of the PUD shall exceed the overall density approved on the master development plan for the PUD as a whole.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13)

The developer shall establish a property owners' association for the perpetual ownership and maintenance of open space, drainage facilities, and other community facilities designated on the master development plan and subdivision or site development plans for individual tracts. These facilities include, but are not limited to, pedestrian or bike paths, playgrounds, landscaped open spaces, lakes, swimming pools, bathhouses, tennis courts, parking lots, utilities, drainage channels, and retention/detention ponds. Roads shall also be included unless dedicated to the Town of Dundee for public use. Such organizations shall be created by covenants running with the land, and such covenants shall be included as part of the final site development plan or subdivision plat of each phase and subject to approval of the town commission.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of a PUD fail to maintain the common areas as previously defined above, in reasonable order and condition, and in accordance with the adopted master development plan and subsequent final development plans, the town may serve written notice upon such organization and/or the owners or residents of the PUD and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the town shall call upon any public or private agency to maintain the common open space for a period of one year. If the town determines that the subject organization is not prepared or able to maintain the common open space, such public or private agency shall continue maintenance for yearly periods.

The cost of such maintenance by the designated public or private agency shall be assessed proportionately against the properties within the PUD which have a right of enjoyment of the common open space, and shall become a lien on said properties.

Applicable requirements of this subsection shall be inserted into the legal documents of the homeowners' association or similar organization having legal ownership of common properties. These legal documents shall be structured to serve the following purposes:

(A)

To define what is owned and by whom, including the specific location and parameters of the individual units and the ownership interest in the common elements of the owners of the association or organization;

(B)

To establish a system of interlocking relationships binding each owner to all other owners for the purpose of maintaining and preserving what is owned and used in common;

(C)

To establish an array of protective standards or restrictions designed to establish limits and assure that a certain level of appearance is maintained;

(D)

To create an administrative vehicle, the owners' association, to manage those elements shared in common and to enforce standards;

(E)

To provide for the operation and financing of the association;

(F)

To specify the process involved in effecting the transfer of control of the association and responsibility for the common elements from the developer to the unit owners collectively; and

(G)

To set forth proper access and utility easements for the owners and the association.

All common areas are to be properly defined in legal descriptions and must be consistent with the master development plan and subsequent final development plans of the PUD.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13)

Internal roads serving the PUD may remain in the private ownership of the developer or may be conveyed to a property owners' association created under section 7.04.06 above. However, such roads must be designed and constructed to meet all standards applicable to a public road serving the same function, including right-of-way widths. No private road which constitutes the primary access to residential or commercial properties within a PUD shall be built on an easement.

The Town of Dundee shall have no responsibility for maintenance of private roads. Should such roads be offered for public dedication in the future, the Town shall not accept the dedication unless the roads are in good repair and in conformity with all codes and standards in effect at the time of dedication.

If a guard house or other form of barrier is placed at the entrance to the PUD for the purpose of restricting access, the developer or property owners' association shall be responsible for ensuring entry to the property for emergency vehicles. The town shall have no liability for injury or loss of life resulting from restricted access to the development.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13)

Prior to commencement of construction within any tract of a PUD, the developer shall file the following items with the office of the development director:

(A)

A performance, labor, and material payment bond for the completion of the construction of all public improvements specified in the certified subdivision plan or site development plan within one year.

(B)

A performance, labor, and material payment bond for the completion of the construction of all common properties specified in the certified subdivision plan or site development plan within one year.

(C)

A maintenance warranty bond in the amount of ten percent of the total cost of the construction of all public improvements, to be in force for a period of two years following acceptance by the town of the final construction of said public improvements.

(D)

In lieu of any bond, the developer may use an escrow account to insure the performance of the construction as planned if said account and the administration thereof is approved by the town commission.

All bonds shall be from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Department and rated A:AAA in Best's Insurance Guide. Upon acceptance of all improvements described in subsections A and B above, said performance and payment bonds shall be released.

(Ord. No. 13-09, § 1(Exh. A), 12-10-13; Ord. No. 22-21 , § 1(Exh. A), 6-28-22)

Editor's note— Ord. No. 22-21 , § 1(Exh. A), adopted June 28, 2022, repealed § 7.09.08, which pertained to model homes and is derived from Ord. No. 13-09, § 1(Exh. A), adopted Dec. 10, 2013. Said ordinance also renumbered § 7.09.09 to be 7.09.08 to replace repealed § 7.09.08.