While both development permits and development orders are defined as development orders by state law, development permits are distinguished for purposes of this Code as approvals for actual construction or installation.

The procedures in this part shall be followed whenever a development permit (e.g. building permit) is necessary to implement the provisions of this Code and/or a specific part of an approved development order, such as a subdivision plat, site development plan, or planned development.

Development orders are required by this Code as a prerequisite for any development activity within the City of High Springs. This part establishes procedures and standards for review for development orders.

Application for a development permit within an area of special flood hazard shall be made to the administrator on forms furnished by the department prior to any development activities, and may include, but not be limited to, the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following is required:

(1)

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;

(2)

Elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed;

(3)

Certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure meets the flood-proofing criteria;

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(5)

A floor elevation or flood-proofing certification after the lowest floor is completed. Within 21 calendar days of establishment of the lowest floor elevation, or flood-proofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the administrator a certification of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the 21-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the surveyor failure to make said corrections required hereby, shall be cause to issue a stop-work order for the projects.

A stormwater management plan shall be submitted with all applications for approval of a proposed development. The stormwater management plan shall contain sufficient information to allow the site plan review committee to determine whether the proposed development meets the requirements of this Code. (Provide for a digital copy of all proposed improvements on CD.)

(a)

The following specific information shall be submitted:

(1)

A recent aerial photograph encompassing the project and total land areas considered in developing the stormwater management plan. The scale shall be no smaller than one inch equals 200 feet.

(2)

A topographic map of the site clearly showing the location, identification, and elevation of bench marks, including at least one bench mark for each major water control structure. The contour interval of the topographic map shall be not greater than one foot.

(3)

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

(4)

A soils map of the site (existing U.S. Soil Conservation Service soil survey maps are acceptable).

(5)

Seasonal high water-table elevations shall be determined and the information provided.

(6)

A map of vegetative cover only if wetlands are present. (This information may be shown on the aerial or soils map.)

(7)

A map showing the locations of any soil borings or percolation tests. Percolation tests representative of design conditions shall be performed if the stormwater management system will use swales, percolation (retention), or exfiltration (detention with filtration) designs.

(8)

Grading plans specifically describing the interface of the proposed development with abutting properties.

(9)

Paving, road, and building plan showing the location, dimensions, and specifications of roads and buildings (including ground or slab elevations).

(10)

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

(11)

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

(12)

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

(13)

Areas of the site to be used or reserved for percolation, including an assessment of the impact on groundwater quality where the proposed development is within a primary or secondary cone of influence of a public water well.

(14)

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

(15)

Any off-site rights-of-way required for the proper functioning of the system.

(16)

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

(17)

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

(18)

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

(19)

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

(20)

A copy of the approved Suwannee River Water Management District Environmental Resource Permit, or proof of exemption, shall accompany all plan submittals.

Building permit applications for construction activities which disturb more than five acres must be accompanied by a copy of the notice of intent to discharge under the general construction permit requirements of the National Pollutant Discharge Elimination System Program (U.S. Environmental Protection Agency). Applicants shall be informed that a copy of the stormwater pollution prevention plan must be maintained on site until completion of construction.

Telecommunication antennas and towers shall conform to the development standards prescribed in Part 7.09.00 and a conditional use permit in accordance with level three review as prescribed in the article. Additional procedures and submission requirements pertaining to permits for telecommunication antennas and towers are prescribed in this section.

Special exceptions may be permitted in zoning districts as prescribed in Table 2.02.01 and subject to level two review. Special exceptions may be authorized by the plan board only after a complete showing of compliance with the standards specified both in this section and all other applicable sections of the Land Development Code.

Conditional use may be permitted in zoning districts as prescribed in Table 2.02.01 and subject to level three review. Conditional uses may be authorized by the city commission only after a complete showing of compliance with the standards specified both in this section and all other applicable sections of the Land Development Code.

The procedures for the approval of Traditional Development District as defined in Article VI, Part 6.06.000 and Article VII, Part 7.11.00 shall be as prescribed for the planned development district in Part 11.10 above.

City commission has the power to adopt and amend the Comprehensive Plan subject to the procedures set forth in F.S. ch. 163.

The requirements of the community development district application, notice and hearings and operating requirements shall be as set forth in F.S. ch. 190.

City commission may designate a hearing officer to conduct public hearings as provided for in this article and in accordance with the procedures prescribed in this section.

When a hearing officer has been authorized to take action pursuant to this Code, the hearing officer shall conduct a public hearing to consider this matter.

The following procedures shall be used when a formal public hearing is to be conducted. In a quasi-judicial hearing, the following procedures shall be used as well as all applicable standards in Florida Statutes

This article sets forth the application and review procedures required for obtaining a development order and certain types of permits. This article also prescribes the requirements for appeals, code amendments, and Comprehensive Plan amendments.

No development allowed by this Code, including accessory and temporary uses, shall be established or changed, no structure shall be erected, constructed, reconstructed, altered, or moved and no building used, occupied or altered with respect to its use after the effective adoption date of this Code until there is first on file and approved by official city action a site plan or subdivision plat for such premises and a final development order has been secured. Nothing herein shall relieve any applicant of the additional responsibility of seeking any permit required by any applicable statute, ordinance or regulation in compliance with all of the terms of this Code or any other applicable law.

Pursuant to the provisions of Florida Statutes and other regulations as provided by law, the requirements of this chapter shall apply to all land now or hereafter within the incorporated area of High Springs, Florida. No application for a building permit for the construction of a principal building on a parcel of land in the incorporated area shall be granted unless a plat including such parcel of land has been approved by city commission and recorded in the official records of Alachua County, or unless the request meets one of the exemptions listed in this Code.

When a change in use is proposed for existing development, an application for approval of change of use shall be filed with the administrator.

The city commission shall, by resolution, establish a schedule of fees for expenses relating to administration of this Code. The administrator shall be responsible for advising interested parties of the current schedule of fees.

The city shall submit to the Alachua County Planning Department for their review, copies of any proposed development of regional impacts, Florida Quality Developments, Comprehensive Plan Amendments, and planned unit developments, which it receives for projects proposed within one-half mile of their mutual borders. The city shall request from Alachua County copies of any proposed development of regional impacts, Florida Quality Developments, Comprehensive Plan Amendments, planned unit developments, and master planned unit developments which they shall receive for projects proposed within one-half mile of their mutual borders.

TABLE 11.00.01 TYPE OF PROCEDURE BY DEVELOPMENT OPTION

(Ord. No. 2021-02, § 2, 5-13-2021)

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a hearing.

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

Any request for amendment to the text of this Code, the schedule of district regulations, or the zoning atlas that was denied by the city commission shall not be resubmitted for review and consideration until a minimum of one full year has passed, measured from the date the request was denied. Unless waived by the city commission, the one year prohibition on such resubmission shall be extended by any period during which the denial is subject of litigation or appeal initiated by the applicant. If a new but similar request is submitted for review and consideration prior to the completion of the year, the administrator shall review the request to determine if the following changes have been made:

(1)

The request is a minimum of 25 percent less intense in terms of fewer units, if residential, or contains a minimum of 25 percent less square footage or a 25 percent lower floor area ratio of nonresidential;

(2)

If the same intensity as described in subsection (1) above, the project height and/or lot coverage has been reduced; or

(3)

The concerns raised by staff, the public, and/or the reviewing body as reasons for the denial, may have been corrected.

(1)

In addition to the exceptions to the one-year resubmittal and consideration requirements referenced above, the city commission may reconsider its denial of a request for amendment to the text of this Code, the schedule of district regulations, or the zoning atlas, for reasons of a) mistake and/or b) fraud or misrepresentation.

(2)

In the case of fraud or misrepresentation regarding an action by the city commission, the city commission may upon its own motion, on the grounds of a mistake, fraud, or misrepresentation reconsider its denial anytime prior to and including the date and time for its second regularly-scheduled land use meeting to be held after the denial. A petitioner may request, on the grounds of a mistake, fraud, or misrepresentation, reconsideration of denial. Any such request shall be submitted in writing to the city commission no later than 15 days prior to the date and time set for the second regularly-scheduled land use meeting held after the denial. The city commission shall give reasonable notice to the petitioner of the date and time it establishes to review his request, or the board's motion, for reconsideration. If reconsideration is granted, the board shall establish a hearing date for the reconsideration.

(3)

In the case of fraud or misrepresentation regarding an administrative action, and when the specified appeal period has expired and no appeal was filed, the administrator may reopen and reconsider determinations made concerning nonconformities. In cases where it is reasonable to conclude that there was 1) misrepresentation, 2) fraud, or 3) mistake, the following procedure shall be used:

(a)

The administrator shall notify the affected property owner that the previous decision is being reconsidered. Written notice shall be provided by proof of mailing to all owners-of-record of property immediately adjacent to the property, including the owner of those properties that may be separated by a road.

(b)

Anyone so noticed, including the affected property owner, shall be given 30 days in which to supply the administrator all the materials to be used in making a determination. Such parties shall have the right to appeal the administrator's decision to reopen the matter, before a new determination is made. (See section 11.18.05.)

(c)

The administrator may, if necessary, hold a meeting with appropriate parties to discuss the materials.

(d)

Within a reasonable period of time, the administrator shall make a written determination and shall send said written determination to all parties who previously received notice.

(e)

The normal 30-day appeal period will be in effect following the written decision.

Development permits may be issued by the administrator after a finding by the administrator that the proposed development activity complies with all applicable provisions of this Code and other applicable regulations.

A request for a development permit shall be initiated by filing an application and submittals as prescribed in this article and on forms provided by the administrator and by the paying of appropriate fees.

Supplemental design standards for specified uses as prescribed in article VII shall augment the standards and criteria otherwise required within the LDC. Compliance with these supplemental standards shall be determined during development review, when possible, and shall not require any additional procedural steps or review processes. Those specified uses not requiring site development or subdivision review shall be reviewed by the administrator for compliance with these standards prior to the issuance of permits.

Applications and submittals for development permit review which are determined to be incomplete may be delayed or terminated as prescribed herein unless appropriate information is submitted to bring application into conformance with submittal requirements herein. Upon a finding of incompleteness, the administrator shall notify the applicant of such action.

Within 30 business days (excluding county holidays and city furlough days) of receipt of a complete application, unless otherwise specified herein, the administrator shall review the application and decide whether to grant or deny the requested development permit. The administrator's decision shall be based on whether the proposal complies with all applicable provisions of this Code and other county regulations. The administrator's decision shall be in writing.

Appeals of the decision of the administrator shall be filed in accordance with article XII.

Applications for building permits shall satisfy all of the following requirements:

(a)

An application for a building permit shall require that a valid development order be on file for the project giving rise to the permit application. Applications for building permits shall be submitted to the administrator and may be submitted simultaneously with the application for final site plan approval; however, permits shall not be issued until final site plan approval is granted and the development order issued. Should an application for final site plan approval be found incomplete the building permit application shall not be processed.

(b)

Development orders may specify conditions to be met during the construction of a project, or prior to issuance of a certificate of occupancy. Such conditions shall be made a part of the building permit.

(c)

All conditions of the development order shall be satisfied prior to conducting the final building inspections. It shall be the responsibility of the administrator to withhold final inspection and notification of electric utility to initiate service until all conditions of development have been met. In no case shall the final inspection be completed until all conditions are satisfied.

A checklist shall be completed providing for signature of appropriate city officials to verify compliance with all criteria and conditions, prior to final inspection and authorization for permanent electric service. (NOTE: The intent of this provision is to guarantee that a project does not receive authorization for permanent electric service or certificates of occupancy until all development conditions are met.)

(d)

Applications for building permits for additions and remodelings shall require a valid development order for the proposed use of the building. Building permits shall not be issued unless compliance with requirements of this Code are met, including, but not limited to, requirements regarding expansion of nonconformities, stormwater management, and floodplain protection.

(e)

Applications for building permits shall be processed by the department of planning development and codes, however, the administrator shall verify that a valid development order is on file prior to issuance of the permit, or shall verify that the property is lawfully exempt from the development order requirement. The administrator shall also verify that requirements of this Code have been met.

(f)

Proof of receipt of any required permits (or notice of exemption) for driveways, sewer and water connections, SRWMD, FDER, FDOT, HRS, and DNR (as applicable) shall be required for issuance of a building permit. (NOTE: Requirements for final development order approval include proof of such required permits.)

(g)

The administrator shall review the application to determine if the levels of service prescribed by article V of this Code are maintained. Building permits shall not be issued which degrade the adopted level of service.

Prior to the submittal of any application for subdivision review, a determination shall be made by the administrator regarding the type of subdivision review required in accordance with the provisions of Part 6.01.00 of this Code. Subdivisions classified as certified parcel review shall be reviewed under the procedures described in this section.

(Ord. No. 2021-02, § 3, 5-13-2021)

Where a division of land qualifies for certified parcel subdivision review, the administrator shall certify parcels and the subdivision of such parcels in accordance with the following procedures:

(a)

The applicant shall make application for parcel certification or for certification of the subdivision of a parcel into no more than three lots or parcels, on forms provided by the administrator and shall provide such information as set forth by the administrator.

(b)

All parcels to be certified and the subdivision of such parcels shall be reviewed for compliance with all applicable regulations, including but not limited to wetlands, upland habitat, access, and zoning.

(c)

Within five working days of the filing of the application, the administrator shall approve, approve with conditions, or deny the application and the applicant shall be notified in writing of the action.

(d)

Upon review and approval of a certified parcel subdivision, the administrator shall attach the following notation to the record: "The lot(s) hereby described: (insert or refer to the legal description(s)) is a subdivision of a certified parcel as certified by the Administrator and may not be further subdivided under the provisions for subdividing a Certified Parcel."

(e)

In any instance where a folio number has not previously been assigned to a certified parcel, the administrator shall ensure that such number is assigned and made part of the permanent record.

Editor's note— Ord. No. 2021-01, § 4, adopted May 13, 2021, repealed § 11.01.07.03, which pertained to platted subdivision with no improvement facilities and derived from Ord. No. 2011-21, 11-3-2011.

An application for a sign permit shall be reviewed pursuant to the procedures prescribed in this part and as specifically required as follows:

(a)

No person shall paint, erect, demolish, alter, rebuild, enlarge, extend, relocate, attach to, suspend from or supported by a building or structure, any sign unless a permit for such sign has been issued by the administrator or unless such sign is specifically exempted from permit requirements.

(b)

No permit shall be required to change the advertising copy or message on signs which are specifically designed for the use of replaceable copy.

(c)

It shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of a sign permit without the prior written approval of the administrator. A written record of such approval shall be entered upon the original permit application and maintained in the files of the administrator.

(d)

No person shall erect, construct, maintain, alter, relocate, demolish, repair or paint, or do any work upon any sign for which a permit has not been obtained.

(e)

Any repair work on a sign of a structural nature shall require a separate permit. Simple, non-structural maintenance of a sign shall not require a permit.

(a)

For each permit issued, the administrator shall furnish to the applicant a sign tag which shall have printed or impressed thereon:

CITY OF HIGH SPRINGS SIGN PERMIT, an identifying number thereof and the month, day and year of its issuance, the sign erector's name, the sign's height, and the sign's permitted area.

The permittee is responsible for maintaining a valid permit tag on each permitted sign at all times.

(b)

On signs having support members constructed of wood or on signs whose sign face is of an irregular surface on which an identification tag would not adhere, the sign erector shall permanently affix a metal plate to the support member of sign face or other structural member which is located closest to the street or roadway adjacent to said sign. Said plate shall be no smaller than four inches by six inches and shall be located at least four to six feet above grade. The permittee is responsible for affixing the identification tag to this plate.

(c)

Balloon signs shall contain a pouch or pocket to hold the sign tag, located for easy inspection.

(d)

The permit tag shall be securely attached in such a manner as to be plainly visible from the street or roadway.

(e)

The absence of an identification tag or number shall be prima facie evidence that the sign is being operated in violation of the provisions of this Code.

(f)

The permit will become void unless the permit tag is properly displayed at the permitted site within 30 days after the date of permit issuance.

(a)

All signs for which a permit is required by this Code are subject to inspection by the administrator. If an electrical inspection is required, it shall be the duty of the sign permit holder to first obtain an electrical permit and pay the appropriate electrical permit fee as required by the City of High Springs.

(b)

Upon notice from the administrator, any work that is being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work and shall state the conditions under which work may be resumed. Where an emergency exists, written notice shall not be required to be given by the administrator but must be given subsequently within five working days.

(c)

Whenever a reinspection of any stage of work is made necessary because of the work not being ready for the inspection requested, or because of inaccessibility of the work to be inspected, or because corrections are necessary for the work to be approved, said reinspection will not be made until a reinspection fee, established by resolution of the city commission, has been paid to the city.

(d)

Upon notice from the administrator that the street address or street address range is not in compliance with these regulations, written notice shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions that need to be corrected.

(a)

Permits to authorize installation of potable water systems, including fire hydrants, shall be processed by the administrator. Potable water systems shall meet the following requirements:

(1)

The potable water system shall be designed and constructed to deliver the level of service required in the City of High Springs Comprehensive Plan.

(2)

Applicable permits shall be secured from the Florida Department of Environmental Protection (FDEP).

(a)

Permits to authorize installation of wastewater collection systems shall be processed by the administrator pursuant to the following requirements:

(1)

The wastewater collection system shall be designed and constructed to deliver the level of service required in the City of High Springs Comprehensive Plan.

(2)

A permit shall be secured from FDEP to authorize the wastewater collection system expansion.

(b)

Permits to authorize installation of on-site septic systems for residential use shall be submitted to Alachua County Health Department only when extension of the public wastewater collection system is determined to be infeasible by the administrator and confirmed by city commission.

(a)

Permits to authorize installation of drainage or stormwater management systems shall be reviewed by the director of public works. Permits may be issued by the administrator pursuant to the following requirements:

(1)

The stormwater management system shall comply with the requirements prescribed in Part 7.08.00 of this Code.

(2)

The stormwater management system shall comply with the level of service requirements prescribed by the City of High Springs Comprehensive Plan.

(3)

A permit shall be secured from the Suwannee River Water Management District (SRWMD).

(b)

The administrator may upon concurrence of the site plan review committee defer to the SRWMD review as the basis for the issuance of the city's permit. In such event, the city's permit shall specifically reference the SRWMD permit and all appropriate plans and specifications shall be incorporated into the city's records pertaining to the development order.

(a)

Permits for roads, road improvements, right-of-way utilization, sidewalks, parking lots, loading areas, driveways and any other parts of access, circulation, and parking systems shall be reviewed by the director of public works. Permits may be issued by the administrator pursuant to the following requirements:

(1)

The transportation system shall be designed to provide the capacity to meet level of service requirements consistent with the City of High Springs Comprehensive Plan.

(2)

The transportation system shall comply with the requirements prescribed in Part 7.03.00 of this Code.

(3)

A permit(s) shall be secured from the Florida Department of Transportation (FDOT) where required by statute or rule pertaining to the state highway system.

(b)

The administrator may upon concurrence of the site plan review committee defer to the FDOT review as the basis for the issuance of the city's permit. In such event, the city's permit shall specifically reference the FDOT permit and all appropriate plans and specifications shall be incorporated into the city's records pertaining to the development order.

Permits to authorize installation of street lights shall be reviewed by the director of public works. Permits may be issued by the administrator upon a finding that the action is in compliance with this Code and other applicable city ordinances, standards and policies.

The procedures in this part shall be followed whenever this Code provides as such for review of specific types of proposed development.

The following types of development activity are exempt from the development order process:

(a)

Single-family and duplex dwellings are excluded from the development order process where they are being constructed on an existing lawfully platted lot and are being developed in harmony with surrounding development. This provision does not exempt single-family and duplex dwellings from the necessity to acquire building or other permits.

(b)

The following types of alterations are exempted from securing a development order. This does not exclude any structure from acquiring building or other permits.

(1)

Temporary uses of land may be allowed, subject to the receipt of a special permit from the administrator, and need not apply for nor receive a development order. The following uses are included:

a.

Temporary storage of materials, for a period not to exceed 180 days.

b.

A temporary and/or portable structure, for a period not to exceed one year.

Applications are considered at meetings of the site plan review committee (SPRC) without need for a public hearing. However, the applicant or his representative may be present. Applications subject to level one review are prescribed by Table 11.00.01.

(Ord. No. 2021-02, § 5, 5-13-2021)

(a)

Applications processed for final review and approval by boards or other appointed bodies established by part 10.02.00 of this Code are considered at advertised public hearings of the respective board.

(b)

All applications considered by any board established under part 10.02.00 shall first be reviewed by the SPRC and recommendations of the SPRC provided to board.

Applications which require legislative city commission action pursuant to the provisions of this Code are shown in Table 11.00.01.

An applicant or the applicant's authorized representative shall request that the administrator to arrange a preapplication conference, unless the applicant and the administrator agree that the conference is not needed. The conference shall be held at least four calendar days before submittal of an application for development order. The purpose of the conference shall be to acquaint the applicant with the substantive and procedural requirements of the Code, provide for an exchange of information regarding applicable elements of the Comprehensive Plan, the Land Development Code, and other development requirements, and to otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.

The applicant, at his own discretion, may bring a sketch plan of the proposed development. However, the purpose of the preapplication conference is:

(1)

To discuss procedures and requirements.

(2)

To determine the type of review required.

(3)

To consider the elements of the site as they relate to the proposed development.

The preapplication conference shall not be construed to grant any preliminary approval nor to bind the actions or recommendations of the city or administrator, except to agree that the proposed use of the property is appropriate according to the Comprehensive Plan, and to determine whether it is reasonable to expect that the proposed development can be accommodated on the site in full compliance with the requirements of this Code.

Application for any development order shall be made in writing by the owner(s) of the property for which it is sought (or by the owner's designated agent), and shall be filed with the administrator. The following basic materials shall be submitted before an application will be considered complete and formally accepted under the provisions of this section:

(a)

A standard application form shall be completed, signed by all owners of subject property, and notarized. Signatures by other parties will be accepted only with proof of authorization. In a case of corporate ownership the authorized signature shall be accompanied by a notation of the signer's position in the corporation and embossed with the corporate seal.

(b)

The application fee shall be paid in full in accordance with the current fee schedule.

(c)

Evidence of ownership or control of the subject property shall be provided. A copy of the recorded deed, title insurance policy, or similar document which adequately certifies controlling interest and bears a specific legal description of the property will satisfy this requirement. This legal description will be checked against the ones provided on the application and survey discrepancies shall be resolved and documented before final approval can be granted.

(d)

A survey, no more than one year old or recertified by original surveyor no more that one year prior to application, is required, to include the following information:

(1)

Legal description of subject property which should be consistent with the description found on the certificate of title.

(2)

All recorded public and private easements and rights-of-way, within and adjacent to the parcel, labeled as to type.

(3)

Total area of the property in square feet and acres.

(4)

Base flood elevation, if applicable.

(5)

Signature and seal of a registered professional surveyor.

(e)

Preliminary or final site plans, preliminary plats, or improvements plans as described in subsequent sections with any required supporting documentation.

(f)

Two copies of the most recent available aerial photograph of the site and surrounding area shall be provided.

A traffic impact analysis shall be prepared by the developer of his designee which includes a projection of the total trips to be generated by the project and the distribution of the trips onto adjacent streets. Institute of Traffic Engineers (ITE) trip generation rates or another approved source shall be used as the basis for trip generation calculation.

If the number of daily trips projected to travel adjacent streets is greater than five percent of the Level of Service "C" capacity of said streets, a detailed traffic analysis shall be provided. The detailed traffic analysis shall include, but not be limited to the following:

(a)

Level of service calculations at each project access point for both the a.m. and p.m. peak hour.

(b)

Level of service calculations at nearby intersections for both the a.m. and p.m. peak hour.

(c)

Level of service calculations at major intersections impacted by the project for both the a.m. and p.m. peak hour.

(d)

A determination of need for auxiliary lanes.

(e)

A determination of need for traffic signals or other traffic control devices.

Both analyses shall be prepared using generally accepted traffic analysis standards and guidelines.

The administrator may waive the requirement for a traffic impact analysis upon concurrence by the site plan review committee and a finding that the proposed development action shall not present a traffic impact greater than exists under conditions at the time of application.

(a)

Seven sets of application materials shall be submitted to the administrator. Materials shall be stamped with the date of submission on each copy.

(b)

Within three working days from the date of submission, the reviewing officer shall determine whether an application is complete.

(1)

If the application is incomplete (required items are not provided) or otherwise does not conform to the submission requirements of this Code, the applicant shall be notified in writing. The application shall not be processed, and shall be returned to the application for revision and resubmission.

(2)

If the application is complete and in conformance with the submission requirements of this Code, the application shall be accepted. The date of acceptance shall be indicated on the application form, and the applicant notified. The date of acceptance is the official date of application.

(c)

The administrator shall transmit one copy of the application, together with supporting documentation, to each member of the SPRC.

(d)

The administrator shall notify the administrator to schedule consideration of the application at a regularly scheduled meeting of the SPRC. Members of the SPRC shall have a minimum of two working days for review prior to the meeting.

(e)

If the application requires consideration by an appointed board (level two review) or by the city commission (level three review), the administrator shall indicate the tentative meeting dates at which the application will be considered by each body following consideration and recommendation at the SPRC meeting.

(f)

If the application requires review by Alachua County or by any other governmental jurisdiction, the administrator shall transmit copies of the material to the reviewing agency.

(g)

If an application requires a public hearing and notice, the administrator shall ensure that the applicant complies with applicable notice requirements.

(h)

Recommendations and decisions rendered by each reviewing authority shall be based upon the application, supporting documentation, compliance with standards and requirements of this Code, comments from reviewers, and approvals required by other agencies.

(i)

Applications shall be recommended/approved, recommended/approved with conditions, or recommended for denial/denied by the each reviewing authority. Notice of the decision shall be provided to the applicant within five working days following the decision.

(j)

Development orders (final site plan or final plat) shall not be issued until specified conditions have been satisfied. Conditional approvals of preliminary plats or plans shall expire 90 days after notice to the applicant of the conditional approval.

(k)

Final development orders shall not be issued without proof of permit issuance or exemption by SRWMD, FDER, FDOT, HRS, and DNR as appropriate. The requirement for the applicant to pursue permit issuance or notice of exemption shall be noted on the preliminary plat or plan approval.

(l)

When an appeal is filed in a timely manner by an aggrieved person other than the applicant, the development order shall not be released until a decision is rendered on the appeal.

(a)

Failure of the applicant, agent or holder of a development order to comply with or honor any express requirement of this Code or express representation contained within the site plan or development order either before or after commencement of construction shall constitute grounds upon which:

(1)

The city may deny or refuse initial or further development orders.

(2)

The city may, if a health or safety problem exists, discontinue any utility or service.

(3)

The city may refuse to further process any permit or certificate of occupancy in connection with development order.

(b)

In the event that a preliminary site plan is required for a particular premises, building or structure in compliance with requirements found in this or other sections of this Code, the final site plan shall be submitted within, but no later than 180 days after approval of the preliminary site plan. The preliminary site plan shall be deemed automatically cancelled after one year and the process shall be initiated in the same manner as if no prior application had been filed. Neither obligation nor reliance shall be had by any person on the basis of prior approval of a preliminary or final site plan which has been automatically cancelled due to failure of the applicant or agent to comply with this section.

(c)

A development order shall be cancelled unless within six months after such approval becomes effective, construction is substantially commenced in accordance with an approved final site plan as evidenced by poured footers, slab foundations or road base construction. Thereafter such construction shall continue to completion without interruption, otherwise such development order may be cancelled by the administrator upon official certified notice to the holder of the development order and after a reasonable opportunity to be heard has been afforded to such holder. Interruption is evidenced by six months or more of construction inactivity on the development site. In the event of cancellation pursuant to this section, the premises affected shall not be used or occupied without first applying for and obtaining approval of a new development order in accordance with this Code.

A final development plan or plat shall be deemed not to be in substantial conformity with an approved preliminary development plan if it:

(1)

Increases the maximum residential density or otherwise deviates from the residential density approved in the preliminary development plan or plat by more than five percent;

(2)

Increases the maximum floor area or otherwise deviates from the floor area to be devoted to any residential or non-residential use approved in the preliminary development plan or plat by more than five percent;

(3)

Increases height by more than five percent;

(4)

Decreases the area approved for public and private open space or otherwise deviates from the public and open space requirements by more than five percent or changes the general location of such areas as approved in the preliminary development plan or plat;

(5)

Relocates approved circulation elements to any extent that would decrease the ability of such elements to function efficiently, adversely affect their relation to surrounding lands and circulation elements, or would reduce their effectiveness as buffers or amenities;

(6)

Significantly alters the arrangement of land uses within the site;

(7)

Violates any provision of the codes and ordinances applicable to the proposed planned development; or

(8)

Departs from the preliminary development plan in any other manner which the administrator shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed development.

If the administrator finds that any final development plan or plat submitted for review does not substantially conform to the approved preliminary plan or plat, the final development plan or plat must either (1) be modified to achieve substantial conformance or (2) be resubmitted as a preliminary plan or plat subject to the procedures described in this article.

Changes in approved development orders may be permitted by the administrator on application by the original applicant or successors in interest, but only upon making a finding that such changes are:

(1)

In accord with all applicable regulations in effect at the time of, as modified in the amending action;

(2)

In accord with all applicable regulations currently in effect; and

(3)

In accord with all the conditions and requirements specified in the action creating the development order.

The administrator is authorized to approve minor changes in the approved plans of development order, as long as they are in harmony with the originally approval, but shall not have the power to approve changes that constitute a major modification of the approval. A major modification shall require approval of the original approving authority and shall be handled in the same manner as the original approval.

The administrator may, after reviewing the record of the project and determining that the following conditions are present, quality the change as a minor modification:

(a)

No increase in density or intensity.

(b)

No increase in traffic generation of more than five percent.

(c)

No change in parking areas resulting in a reduction often ten percent or less in the number of required spaces approved nor any increase of more than five percent in the number of required spaces.

(d)

No significant changes in the basic form, if shown on development plan within 200 feet from the boundary nor within 200 feet from any part of the site or district which has been constructed or sold to any owner or owners different from the applicant requesting the change.

(e)

No reduction in the amount of open space/recreation area nor any substantial change in the location or characteristics of open space determined not to be a major modification.

(f)

No substantial changes in location or type of pedestrian or vehicular accesses or circulation determined not to be minor or major modifications, nor any changes in the number of pedestrian or vehicular accesses.

(g)

No increase in structure height of more than five percent.

(h)

No decrease in required yards of more than ten percent.

(i)

The change involves a condition required by the approving authority which merely restates a Code requirement without deviation if the regulation allows a waiver or if the regulation subsequently has been amended.

(j)

The change involves a conversion from multifamily to single-family that does not increase external impacts such as, but not limited to, transportation, schools, parks, or utilities and is consistent in lot size, coverage, and yards with other portions of the development.

(k)

The change does not require the amendment of the specific terms or language of a development order approved by the city commission.

Any amendment or modification to a development order that is not qualified as a minor modification under section 11.02.05.02 above shall be processed as a major modification in accordance with the same procedures required for the original approval.

All requests for review of changes to a development order shall include the information required in the original development order, a location drawing indicating the relationship of the portion to be revised to the entire site or district, if the revision does not include the entire site or district, and, such other information concerning the lot, adjoining lots, or other information concerning the lot, adjoining lots, or other matters as may be essential for determining whether the provisions of the original development order and this Code are being observed. In addition, at the discretion of the administrator, a drawing indicating the current property ownership within the entire district may be required.

The provisions of this section apply to all divisions of land into two or more parcels that do not otherwise qualify for "certified parcel subdivision review process" under section 11.01.07.02. The administrative requirements of this section, together with the standards and criteria in Part 7.02.00 of this Code, are intended to ensure that all lands included within subdivisions will be suitable for the various purposes proposed.

The purpose of regulating the platting of land is:

(a)

To ensure compliance with the procedural and substantive requirements of the Comprehensive Plan, this Code, and F.S. ch. 177;

(b)

To minimize or avoid potential development problems associated with the proposed subdivision;

(c)

To incorporate solutions designed to mitigate potential problems;

(d)

To coordinate site planning consistent with city Comprehensive Plans, elements or portions thereof and with existing patterns of development or public improvements; and

(e)

To disclosure of the existence and nature of; and the dedication or creation of; streets, easements or other areas and facilities proposed to service the land to be subdivided.

The procedures established in this section are deemed to be the minimum procedures necessary to assure protection of public safety and welfare.

The preliminary plat requires approval by the city commission in accordance with level three review as prescribed by Table 11.00.01 and section 11.02.02.03.

A preliminary plat is intended to provide for a complete review of technical data and preliminary design for proposed subdivisions. A preliminary plat is a graphic representation of the proposed development and locations of individual lots. An approved preliminary plat is a prerequisite for a final plat approval and the submission of improvement plans. A preliminary plat is intended to represent a boundary survey of the proposed subdivision and shall comply with the provisions of Chapter 21 HH-6, Minimum Technical Standards, adopted by the Department of Professional Regulation, Board of Land Surveyors, pursuant to the provisions of F.S. § 472.027.

Preliminary plat approval shall expire one year from the date of approval unless the submission of construction drawings for final subdivision plat has been made.

A preliminary plan at a minimum scale of 1″ = 200′ and meeting the following specifications shall be submitted for review by the site plan review committee.

(1)

A legend; title and number of revision (e.g., Preliminary Plan of Northwood Addition, Second Revision); date of preliminary plan or revision; scale of plan, north arrow; acreage in the tract being subdivided; total number of lots, names, addresses and telephone numbers of developer, owner, surveyor, and engineer.

(2)

Location map showing relationship between area proposed for subdivision and surrounding development, including current aerial photograph(s) with boundaries of subject subdivision delineated.

(3)

Legal description sufficient to describe the size and location of the tract to be subdivided.

(4)

Master plan of tract designating each phase by number or letter and a heavy line border, preferably over an aerial photograph, at a scale appropriate with the size of the tract.

(5)

Name, location and right-of-way width of all existing streets, other rights-of-way and platted streets within at least 150 feet of the proposed subdivision.

(6)

Name, location, width and proposed street design standards and typical design cross-sections including any streets shown on the adopted Roadway Improvement Plans of Alachua County or the City of High Springs.

(7)

Proposed and existing easements or rights-of-way for drainage, pedestrian ways, bridle paths or bicycle paths, etc., including location, width and purpose.

(8)

Lot lines and typical lot sizes, lot numbers, and, where applicable, block numbers.

(9)

Sites, if any, for multifamily dwellings showing number of stories, proposed density per gross acre; shopping centers; churches; industry; parks, playgrounds, and other public and nonpublic uses, and all single-family dwelling acreage showing estimated density per gross acre.

(10)

Existing storm sewers and utility structures on or abutting the tract within at least 150 feet.

(11)

Proposed and existing utilities including electric, street lights, telephone, cable television, gas, etc., with a statement on the method of water supply and sewage disposal.

(12)

Existing improvements including buildings on the tract to be subdivided.

(13)

Location and acreage of natural features including lakes, marshes or swamps, water courses and other pertinent features.

(14)

Gross residential densities of the entire subdivision and for each phase or portion thereof. This date shall be presented in a map format.

(15)

Existing contours at a maximum of one foot intervals, based on mean sea level with a referenced datum identifying the tract to be subdivided and, where practicable, extending a minimum 150 feet beyond the tract boundary.

(16)

Proposed surface drainage with direction of flow and method of disposition with a general description of the relationship of the proposed drainage system to the natural and existing man-made drainage system.

(17)

Present zoning of subdivision and abutting land. No plans will be accepted or approved without appropriate zoning.

(18)

If individual lot sewage disposal is utilized, a map revealing the distribution of soil types and their intrinsic limiting factors (i.e., high seasonal water tables, shrink swell behavior, presumptive bearing capacity, etc.), as they relate to the intended land use scheme.

(19)

A map indicating the intended land use as it relates to flooding where land are within a potential flood hazard area as determined by the city.

(20)

Proposed areas to be filled or excavated.

(21)

Provide for a digital copy of all proposed improvements on CD.

The site plan review committee shall determine whether the preliminary plat:

(1)

Meets the requirements and standards of the zoning classification applicable to the property which is depicted on the plans;

(2)

Is consistent with the goals, objectives, development standards, guidelines and criteria otherwise established by the Code;

(3)

Provides design features which assure the protection of the public health, safety and welfare;

(4)

Is consistent with the goals, objectives, policies, recommendations and development standards set forth in the Comprehensive Plan, relevant element thereof, or other land development regulations;

(5)

Is consistent with design standards for public improvements set forth in these or other pertinent development regulations;

(6)

Provides necessary improvements or facilities.

Such determination shall be made in writing and shall recommend provisions, standards, conditions or design specifications which must be satisfied to assure compliance with the standards set forth above and the implementation of this Code.

The determination shall be finalized within 20 working days after a complete preliminary plat has been accepted for review. The findings and recommendation of the site plan review committee shall be scheduled for review by the plan board. If a determination has not been made within 20 working days, the plan shall be automatically submitted to city commission for consideration at the earliest regular meeting permitting public notice conforming to the requirements of Part 11.18.00.

The plan board shall conduct a review of the preliminary plat at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public. If the applicant disagrees with the site plan review committee's determination, he may request that the plan board delete or modify specific conditions stating the reasons therefore. In making the request for modifications or deletion, the developer shall clearly demonstrate that conditions, improvements, or design specifications imposed are not necessary or that alternative conditions would meet or exceed city standards.

The plan board shall either (1) concur with the recommendation of the SPRC, (2) concur with modifications or (3) recommend denial of the preliminary plat. In the event of a recommendation of denial, the reasons for such denial shall be stated by the plan board and made a part of the public record.

The findings and recommendations of the plan board shall be scheduled for review by the city commission and all records pertaining to the application shall be transmitted for city commission consideration.

The city commission shall conduct a review of the preliminary plat at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC and the plan board along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public. The plan board shall approve the preliminary plat as submitted by the plan board, approve with modifications or deny the preliminary plat. In the event of denial, the reasons for such denial shall be stated by the city commission and made a part of the public record.

Approval of a preliminary plat shall be in a written form. The written approval and the conditions recited in said approval shall authorize:

(a)

The developer to apply for construction plan review;

(b)

Preparation and filing of the final plat, after construction plan approval;

(c)

Clearing, grading, filling or excavating in conformity with plans approved under the provisions of this Code, provided all other necessary governmental permits or approvals have been obtained.

It shall be unlawful for any person to convey lots by reference to a preliminary plat. Approval of a preliminary plat shall not be construed as authority for the recording of a plat with the clerk of the circuit court.

The city commission may also void the preliminary plan if physical improvements are commenced without construction plan approval. All development proposed in voided preliminary plats shall thereafter comply with all regulations currently in effect and shall be reviewed and approved as provided therein.

Any appeal of a decision of the city commission pertaining to a preliminary plat shall be to circuit court.

An improvements plan for at least 20 percent of the area subject to the preliminary plat shall be submitted within one year of the date of approval of the preliminary plat, and improvements plans for the remainder of the area shall be submitted within five years of the date of approval of the preliminary plat. In the event that the developer does not comply with this provision, the preliminary plat shall be deemed void and approval shall be deemed withdrawn, unless an extension has been obtained from city commission.

Improvement plans for subdivisions require approval by the SPRC in accordance with level one review as prescribed by Table 11.00.01 and section 11.02.02.03.

A plan of proposed improvements shall be submitted following approval of the preliminary plat. It is the intent that the improvements plan reflects compliance with standards and procedures for the installation and maintenance of required improvements, to ensure that services and facilities are provided in such a manner as to ensure the health and safety of the public and to sustain the existing quality of life. These requirements are intended to ensure that all improvements are installed in a timely and efficient manner, and that where improvements will be retained in private ownership, such improvements will be maintained permanently in accordance with the requirements of this Code.

In the event improvement plans must be submitted to another jurisdiction or agency to satisfy permitting requirements or to otherwise satisfy the conditions of preliminary plat approval, the applicant shall be responsible for filing all necessary applications and for providing appropriate documentation of the approval or acceptance of such plans. The administrator may, at his discretion and in consultation with the SPRC members, accept the review of another jurisdiction or agency or conduct a review of the improvement plans.

Improvement plans may be submitted in phases or for portions of an area subject to an approved preliminary plat in accordance with a phasing plan or schedule included with and approved as apart of the preliminary plat review.

An improvement plan shall be submitted in seven copies to the site plan review committee, which conforms to the following:

(1)

The improvements plan shall be drawn at the same scale, using the same sheet size as for the associated preliminary subdivision plat.

(2)

Multiple sheets may be used; however, sheet number and total number of sheets must be indicated on each sheet. Provide for a digital copy of all proposed improvements on CD.

(3)

The front cover or cover sheet shall include:

a.

A general vicinity or location map drawn to scale (stated and graphic) showing the position of the proposed subdivision in the section(s), township and range, together with the principal roads, city limits, and/or other pertinent orientation information.

b.

The name and address of the owner. If a corporation or company is the owner of the subdivision, the name and address of the president and secretary of the corporation shall be shown.

c.

Name, address, and telephone number of those individuals responsible for the preparation of the drawing(s). Each print submitted shall bear the original signature and seal of the registered project surveyor and registered project engineer. The project surveyor and project engineer are each responsible for information shown which is in his/her field or practice, and shall certify that requirements of this Code have been met.

d.

The date of approval of the preliminary subdivision plat and the assigned number of the preliminary plat.

(4)

Each sheet of the improvements plan shall contain a title block showing the subdivision name, stated and graphic scale, a north arrow, date, and a legend to explain symbols, abbreviations, or other notes.

(5)

Details shall be shown in plan elevation or section; pictorial or isometric presentation shall not be used. Proposed streets shall include paved access to a designated collector roadway.

The improvements plan submittal shall include the following information:

(1)

A drainage map showing the complete drainage system including, but not limited to, closed drainage areas, design high water, acreage, the effect on the compatibility of drainage on surface waters, the effect of adjacent lands and existing outfall systems, and the complete calculations used to design the system. This information shall be shown on a master drainage plan at a scale not smaller than one inch equal to 200 feet. It is the specific intent of this requirements that rights-of-way for all drainage improvements including, but not limited to, retention ponds, ditches, culverts, channels and the like, required for the drainage of the site for both on-site and off-site improvements shall be provided.

(2)

Soils map and soil infiltration test location and results of test borings of the subsurface conditions (at least one per drainage retention/detention area) of the tract to be developed.

(3)

Paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved and open areas, including size, location and type of drainage facilities and proposed first floor finished elevations of all structures in all 100-year floodplain areas.

(4)

Water distribution and wastewater collection plans and proposed profiles.

(5)

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

(6)

Special profile sheets showing special and unique situations such as intersections and waterways.

(7)

Plans showing existing and proposed improvements if any, to waterways, lakes, streams, channels, or ditches, bridges, culverts, retaining walls and any other proposed structures.

(8)

Street names approved by Alachua County.

(9)

Plans shall bear the approval of the appropriate utility authority for proposed street lights.

(10)

Landscaping plans in compliance with this Code.

(11)

Written specifications meeting or exceeding all applicable design minimum standards.

(12)

If construction improvements are not completed prior to recording of a final plat, an improvements agreement shall be provided.

The improvement plan(s) shall conform to the requirements set forth in Part 7.02.00 of this Code and all engineering standards and specifications of the City of High Springs or the standards and specifications of another jurisdiction if required to satisfy the conditions of preliminary plat approval.

In the event the SPRC finds that the improvement plans are not in substantial compliance with the approved preliminary plat, with the provisions of this Code or with the construction standards and specifications established by the city, the SPRC shall reject the improvement plan(s) and return the plan(s) to the applicant along with description of modifications required to achieve substantial compliance.

Approval of improvement plan(s) by the SPRC authorizes the applicant to commence construction of infrastructure and other improvements and file the final record plat.

Final record plats require approval by the SPRC in accordance with level one review as prescribed by Table 11.00.01 and section 11.02.02.03.

A final record plat is a drawing of the final design and legal description of a plat or a portion of the plat showing the boundaries, locations and dimensions of all lots, rights-of-way, easements and restrictions. The final record plat is for the purpose of providing a perpetual record of the subdivision and for the conveyance of land. The final record plat shall be submitted within one year of approval of the preliminary plat.

The final record plat shall substantially conform to the approved preliminary plat in all respects except that minor variation in dimensions and alignment resulting from the more exact final computations may be accepted. Upon a finding by the SPRC that all required public improvements have been installed or guaranteed, and that the final record plat is in substantial compliance with the approved preliminary plat, the final record plat shall be approved for recording.

A final subdivision plat shall conform to the following minimum specifications:

(a)

The requirements of F.S. ch. 177, as amended;

(b)

The plat shall be made under the direction of a registered land surveyor who shall certify the plat;

(c)

The plat shall be submitted in the form of one reproducible mylar blue line copy shall be supplied for signature.

(d)

The sheet size shall be 24 inches by 36 inches with a three inch margin on the left side and a one-half inch margin on each of the remaining sides;

(e)

Multiple sheets shall have clearly labeled match lines;

(f)

A scale, north arrow, and legend shall be provided;

(g)

Section, township, range shall be provided;

(h)

P.R.M.'s and P.C.P.'s shall be clearly marked;

(i)

Section and quarter section lines shall be shown;

(j)

Location, width, and name of all streets, water bodies, and all other rights-of-way shall be provided;

(k)

Location, width, and purpose of all easements shall be provided;

(l)

All contiguous property shall be identified by subdivision title, plat book, and page, or noted "not platted";

(m)

Lot and block numbering shall be clearly indicated;

(n)

Lot dimensions shall be provided;

(o)

Street centerlines shall be shown;

(p)

Park, open space, or other public parcels (with dimensions) shall be shown;

(q)

Interior out parcels shall be labeled "not a part of this plat" (with dimensions);

(r)

Location, purpose, and width of all dedications shall be shown;

(s)

Building setback lines if greater than that required by normal zoning shall be shown;

(t)

Name of city and county shall be shown;

(u)

Name of subdivision shall be shown;

(v)

Each plat shall show a description of the lands to be subdivided;

(w)

The survey closure data for the lands to be subdivided shall be provided;

(x)

All common improvements and open spaces shall be noted on the plat as privately maintained;

(y)

The continued maintenance of common improvements and open spaces shall be provided for in accordance with the requirements of the city commission;

(z)

Provide for a digital copy of all proposed improvements on CD.

All final subdivision plat applications shall include the following certifications:

(a)

A title certification completed by an attorney licensed in Florida or title company showing the apparent record title to the land described on the plat and any outstanding mortgages on the same;

(b)

A certificate of ownership and dedication executed by all persons or companies having a record interest in the land to be subdivided in accordance with the title certification. All mortgagees having a record interest shall either sign a certificate of dedication or submit a separate instrument joining and ratifying the plat and dedication. No private improvements or open space shall be dedicated to the city;

(c)

Surveyor's certificates;

(d)

Certificate of approval of the city commission;

(e)

Certificate of approval of the clerk of the circuit court;

(f)

Reservation of easement;

(g)

Affidavit of no liens by the owner;

(h)

Engineer's certificate for all drainage and paving improvements.

Title certification as required by F.S. ch. 177, shall appear on the record plat.

The record plat shall contain a narrative note dedicating streets, alleys, and/or other specifically identified public lands to the public.

The record plat shall contain a narrative note granting utility easements to the City of High Springs which reads substantially as follows:

"Know all men by these presents, that Grantors hereby convey to the City of High Springs, a Municipal corporation, duly organized and existing under and by virtue of the constitution of the State of Florida, and the laws of this State, those easements identified on this plat in perpetuity and right-of-way to survey, construct, operate, maintain, test, inspect, repair, remove, replace, or abandon in place and control, utility facilities, together with all necessary appurtenances thereto in, over, upon, across, through, and under the above described real property situated in the City of High Springs, State of Florida. Reserving, however, to the owner, their heirs and assigns the right to utilize and enjoy the above described premises providing the same shall not interfere with the construction, maintenance, repairing, inspection, and operation of said utilities, and providing further that the grantor shall not erect or place any building or tree on the above-described right-of-way and easement and the City shall not be liable for their removal if any are so placed."

Three check prints and supporting data shall be submitted to the administrator.

Within 14 working days following receipt of the check prints, the administrator will notify the applicant and/or his surveyor in writing of any and all deficiencies in the final record plat. The applicant shall correct all deficiencies and submit one print and a reproducible mylar.

The administrator will submit the final record plat along with a statement by the SPRC of substantial compliance to the city commission for acceptance and signature of the presiding officer.

If the city commission has explicitly authorized acceptance of the final record plat upon a certification of substantial compliance as a condition of the preliminary plat approval, the presiding officer may place his signature on the final record plat without placing the matter on the city commission agenda. The administrator shall provide a written report advising the city commission of such action which shall become a part of the public record.

If authorization to accept the final record plat has not been granted by the city commission within its conditions of preliminary plat approval, the city commission shall consider the final record plat at a regularly scheduled meeting without public hearing.

It shall be unlawful for any person to record a subdivision plat of lands, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such subdivision plat has been accepted by city commission.

Acceptance of the final record plat authorizes the applicant to record the final record plat upon (1) the completion and acceptance of all required improvements or (2) the posting and acceptance of guarantees and sureties as prescribed in section 11.03.05.

No building permits shall be issued for any property which is depicted upon the subdivision plat until the final record plat is recorded in the public records of Alachua County, Florida, and a copy of the recorded plat provided to the administrator.

(a)

The provisions of this section apply to all proposed subdivisions of lands within the City of High Springs, including private road subdivisions.

(b)

This section does not modify existing agreements between a developer and the city for subdivisions platted prior to the effective date of this Code, providing such agreements are current as to all conditions and terms thereof.

(1)

No clearing, grading, drainage, or other site preparation with the exception of brush removal for the purpose of surveying shall commence until all required construction drawings have been approved by the city engineer and all required federal, state, and local permits have been obtained.

(2)

Prior to approval of the final subdivision plat, the developer shall install all the improvements required under this LDC in accordance with the specifications of the approved construction drawings.

(3)

During construction the city shall inspect all of the required improvements for compliance with the specifications of the approved construction drawings.

(4)

Upon the completion of all of the required improvements, as built drawings, prepared and certified by the developer's engineer, showing the actual installation of all required improvements shall be submitted to the city engineer. The as-built drawings shall have a field certification from the developer's engineer stating that all the required improvements have been installed and are completed in substantial compliance with the approved construction drawings.

(5)

Upon receipt of the required as-built drawings and certification from the engineer of record, the city engineer shall certify that all required improvements and inspections comply with the approved construction drawings.

The approval of any plat shall be subject to the applicant providing assurance that all required subdivision improvements, including, but not limited to storm drainage facilities, streets and highways, water lines and sewer lines, shall be satisfactorily constructed according to the approved improvement plan. The following information shall be provided:

(a)

Agreement that all subdivision improvements, whether required by this Code or constructed at the applicant's option, shall be constructed in accordance with the minimum standards and provisions of this Code.

(b)

The term of the agreement indicating that all required subdivision improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five years from the recording of the plat.

(c)

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

(1)

Estimate provided by the applicant's engineer.

(2)

A copy of the executed construction contract.

(d)

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

(e)

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

(f)

Provision of the amount and type of security provided to ensure performance, pursuant to the provisions of section 11.03.05.03 below.

(g)

Provision that the amount of the security may be reduced periodically, but not more than two times during each year, subsequent to the completion, inspection and acceptance of improvements by the city.

(1)

The administrator may allow the posting of performance security for the installation of required improvements in lieu of actual installation prior to final subdivision plat approval.

(2)

Performance security shall comply with all statutory requirements and shall be in the form of a letter of credit from a bank licensed to do business in Florida, or a performance bond where the company is duly organized and licensed to issue bonds in the State of Florida.

(3)

The amount of the performance security shall be based upon the estimate of completion costs by the developer's engineer, shall be subject to verification by the city engineer, and shall total 110 percent of the estimated cost of completion.

(4)

The effective time limit for performance security shall not exceed one year from the date of approval of the final subdivision plat.

(5)

Performance security provided hereunder shall be subject to the approval of the city commission at the time of final subdivision approval.

(6)

The city shall receive payment in full in accordance with the procedure established by law for all required improvements not completed within the time limit for performance security.

A developer, at his option, may apply for a partial release of a portion of the monetary amount provided for in such a document upon a demonstration that a corresponding specifically described portion or phase of required or approved improvements has been totally completed in the manner specified above. Commission, at its discretion, may elect to release the portion requested upon the issuance of a certificate of completion by appropriate city departments as to the completed portion or phase.

Upon completion of the required or approved improvements, the developer shall:

(a)

Provide to the city a certification of construction completion from an engineer, duly registered in the State of Florida, the improvements have been constructed and completed in substantial conformity to the approved plans and specifications, and to the requirements and standards imposed by these regulations; and

(b)

Shall apply for the release or reduction of dollar amount of the assurance document.

Upon receipt of a certification of construction completion and application for release, the city manager shall provide a recommendation to commission as to whether a release should be given. Commission may then release the assurance document, with or without conditions, based upon circumstances.

In all cases involving laboratory tests, reports shall be submitted to the building official. Such tests shall be made by an approved testing laboratory and certified by an engineer registered in the State of Florida, at the expense of the developer

(a)

When improvements are completed, final inspection shall be conducted pursuant to the requirements applicable to each facility or system. Corrections, if any, shall be completed before final acceptance is recommended by the Administrator. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one copy of all test results.

(b)

When all required subdivision improvements have been constructed, the developer or the project engineer shall advise the administrator in writing, and request release of the security and improvement agreement. The request shall be accompanied by a certification of project completion signed and sealed by the project engineer, together with an executed maintenance agreement and security, pursuant to the provisions of paragraph (c) below.

(c)

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

(1)

The period of maintenance shall be one year.

(2)

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

(3)

The security shall be in the amount of 15 percent of the construction cost of the improvements.

(4)

The original agreement shall be retained by the administrator.

The developer, or his successors in interest, shall have the duty and responsibility for routine and periodic maintenance of all dedicated, required, approved or other improvements unless such maintenance is voluntarily, officially and specifically assumed by the city in an official meeting of the city commission.

It shall be the policy of the City of High Springs to assume maintenance of improvements that have been built to city specifications, have been dedicated to the city and when it is deemed to be in the best interest of the City of High Springs, at its sole discretion, to assume such improvements. Subdivision regulations shall require the formation of a homeowners association/developer to take responsibility for retention areas. The city shall assume maintenance of improvements only where the same have been built to city specifications and have been dedicated to and accepted by the city.

Improvements which are not constructed to city and state specifications must be brought up to such specifications prior to becoming eligible for acceptance by the city for maintenance.

For purposes of this section, privately owned roads or streets, land roads or streets for which an offer of dedication has not been officially accepted by city commission, shall not be deemed part of the city street system, and shall not be maintained by the city unless such maintenance is voluntarily assumed by the city. The duty and responsibility to maintain such streets and roads shall be that of the developer, his successors in interest, the landowner, the abutting property owners or condominium association.

Approval of a plat or construction plan by city commission shall not be deemed to constitute acceptance for maintenance of streets, roads or other areas or improvements shown on the plat unless such maintenance is voluntarily, specifically and officially assumed by the city.

It shall be the policy of city commission not to accept dedicated improvements for city maintenance until a one year trial period has elapsed, commencing on the date of receipt of a certificate of construction completion.

The developer originally responsible for installing such improvements shall concurrently with submission of a certificate of completion provide one of the following documents for the purpose of guaranteeing the workmanship and materials of improvements for the one year trial period.

Maintenance bond, escrow agreement, cash bond, any substantially similar document or assurance technique.

The document chosen shall recite, in substance:

(a)

That the dedicated, repaired or approved improvements shall be maintained or repaired for the one year trial period;

(b)

That in the event such improvements are not maintained at any time during said one-year period, the city, after at least ten business days written notice, shall be entitled to draw or make claim against said document, and the principals thereto, for monetary amounts sufficient to repair or maintain the improvements in a manner sufficient to protect or restore the same;

(c)

That the document inures to the benefit of the City of High Springs;

(d)

That in the event that the city is forced into litigation in order to collect under said document, the principals shall be liable for attorney fees and court costs incurred by the city; and,

(e)

That the developer is responsible for requesting a final inspection at least 60 days prior to the termination of the maintenance guarantee.

The document shall be on a form approved by the city attorney, which form shall comply, in substance, with the requirements cited above.

The amount which shall be made available to the city under terms of said document shall be an amount equal to 15 percent of the cost of installing such improvements. However, if a developer has a history of having had claims made against posted assurance documents for noncompliance, or a history of noncompliance with design standards, the city may require assurance documents in amounts up to an additional ten percent of the cost of installing such improvement.

The maintenance assurance document shall remain in full force and effect until released by city commission, which release shall be given if the improvements are found to be in good repair at the conclusion of the one-year maintenance period.

It is hereby declared to be the express duty of the developer to construct improvements in conformity with the specification and standards required by these regulations. Any improvement which is the subject of an assurance document and which is determined to be defective, improperly constructed, or substandard as not being in compliance with the design standards of these regulations, shall be repaired, replaced, or rebuilt by the developer, at the option of the city as an alternative to the city making a claim against any performance or maintenance assurance document and as an additional remedy to other remedies provided for herein.

(a)

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the city, a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

(1)

When the proposed development is to be organized as a condominium under the provisions of F.S. ch. 718, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

(2)

When no condominium is to be organized, an owners' association shall be created subject to paragraph B below. All common facilities and property shall be conveyed to that association.

(3)

No development order shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the city attorney. The city attorney shall determine that at a minimum, the owner's association has the following legal powers:

i.

The authority through common ownership or other sufficient authority to carry out its responsibilities regarding the maintenance of common properties and facilities;

ii.

Property owner's are required, by virtue of property ownership, to be members of the owner's association;

iii.

The owner's association has the authority to assess property owner's for the cost of the operation and maintenance of common properties and facilities; and

iv.

The documents establishing the owner's association grant to the City of High Springs the authority to operate and maintain the common properties and facilities in the event the association cannot or will not do so, the right to assess the property owner's for the cost, and the right to place liens upon delinquent properties.

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

The site plan review process described in this section is intended to ensure that site development and redevelopment is carried out in an orderly and efficient manner.

A development order may be issued for the following development activities in the absence of submission of a site plan so long as the proposed development complies with the requirements of this LDC:

(1)

The alteration of an existing structure as long as its foot print is not changed;

(2)

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

(3)

The resurfacing of a vehicle use area that conforms to all requirements of this LDC;

(4)

The construction of a single-family dwelling; however a survey or plat shall be required which meets the following requirements:

a.

The survey or plat shall be signed and sealed by a licensed Florida land surveyor.

b.

The survey or plat shall be dated not more than one year prior to the date of submission of application for building permit.

Site plans in process shall be evaluated against those rules, regulations, and standards in force on the date the site plan.

The preliminary site plan requires approval as prescribed by Table 11.00.01 and section 11.02.02.01.

(a)

The preliminary site plan review is intended to provide an initial review of a proposed development prior to preparation of a final site plan. A preliminary site plan is required for the following developments (Provide for a digital copy of all proposed improvements):

1.

All multifamily residential development provided that platting is not required. (Note: If platting is required, the preliminary plat satisfies the same requirements as the preliminary site plan.) Developments of fewer than eight units must apply for final site plan, but need not obtain a preliminary site plan approval.

2.

All nonresidential developments which are not part of a planned unit development, development of regional impact (DRI), or other development plan lawfully approved by official action prior to the enactment of this Code.

(Ord. No. 2021-02, § 6, 5-13-2021)

(a)

The following are the submittal requirements for the preliminary site plan:

(1)

Seven copies of plans shall be submitted; plans shall be prepared by a registered architect, landscape architect, or civil engineer licensed in the State of Florida. A plan shall be prepared at a scale of no smaller than 1″ = 200′ for the use of the property, prepared on durable material with permanent writings and markings thereon, showing to accurate scale of all existing and proposed development on the property. The plan shall show the boundaries of the property with a metes and bounds description referenced to section, township and range, tied to a section or quarter-section or subdivision name and lot number(s). The area of the property shall be noted in square feet and acres. The plan shall show all proposed physical improvements, including, but not limited to, existing and proposed buildings, recreation, drainage/retention, walls, poles, towers, signs and the distances of all of these improvements from the boundaries of the property.

(2)

Drawing notes supplying the following information shall be included in the plan:

a.

Name, address and telephone number of the owner(s) of the property.

b.

Name, address and telephone number of the project engineer and/or architect.

c.

A complete legal description of the property, consistent with the required certified survey.

d.

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

e.

Future land use plan designation in the currently adopted Comprehensive Plan.

f.

The approximate intensity or density of the proposed development, and the maximum allowable density or intensity allowed under this Code.

g.

A statement verifying the Comprehensive Plan compliance.

h.

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

i.

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

j.

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

k.

A general parking, access and circulation plan.

l.

All water courses, water bodies, floodplains, wetlands, important natural features, wildlife habitat areas, soil types and vegetative cover shall be shown.

m.

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

n.

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

o.

Maximum height of buildings, building separation, proposed setbacks.

p.

Minimum floor elevation(s) of building(s) within any 100-year floodplain.

q.

Proposed buffers and landscaping and tree preservation.

r.

Location of nearest major wellhead (wells exceeding 100,000 GPD permitted withdrawal).

s.

Scale, north arrow, legend of symbols, date prepared.

The final site plan requires approval as prescribed by Table 11.00.01 and section 11.02.02.01. (Provide for a digital copy of all proposed improvements on CD.)

(a)

The purpose of the final site plan is to provide for a review of the proposed development at a level of detail which shows the specific arrangement of buildings and other improvements in relation to each other. The review allows a detailed examination of existing site conditions, surrounding property, and specific information on how the proposed development complies with the requirements of this Code. This review is designed to verify compliance with the specific use regulations, development standards, and other standards and requirements of this Code.

(b)

A final site plan shall be required for any development except a subdivision, or a single-family or duplex structure on a lawfully platted lot. The improvements plan and final subdivision plat shall meet the requirements for final plat.

(c)

Developments of regional impact (DRI), shall be required to apply for final site plan approval. Final site plans may be for any portion of the site (a phase or any portion of a phase) so long as development proceeds according to the approved development order according to state law. The application for development approval (ADA) pursuant to F.S. ch. 380, meets the preliminary site plan requirement. Both subdivision plats and site plans may be required, depending upon the nature of the development.

(d)

The following are the final site plan submittal requirements:

(1)

An application for a development order accompanied by a final site plan shall be filed within 180 days following approval of the preliminary site plan, if required, pursuant to the procedures of this chapter.

(2)

The final site plan shall be prepared on durable material with permanent writings and markings thereon, showing to accurate scale all existing and proposed development on the property. The plan shall show the boundaries of the property with a metes and bounds description, references to section, township and range, and subdivision name and lot numbers, if applicable. The area of the property shall be noted in square feet and acres. The plan shall show all proposed physical improvements, including, but not limited to existing and proposed buildings, off-street parking areas, pavements, landscaping, utilities, on-site recreation, stormwater management facilities, water bodies, wellfields, walls, poles, towers, signs, and the distances of all these improvements from the boundaries of the property.

Seven copies of the plan shall be submitted. These drawings shall be prepared by a registered architect, landscape architect, or civil engineer licensed in the State of Florida, each certifying to their field of expertise, and shall include the following information:

a.

Name, address and telephone number of the owner(s) and/or developer of the property; drawing scale used; number of sheets per set of plans; north indicator; and complete dimensions. All dimensions shall be in feet and decimal fractions of a foot.

b.

A site location inset shall be included on the top of each set of plans to indicate the location of the project relative to surrounding areas and including at least the nearest arterial or collector roadway.

c.

The land use/zoning districts of all abutting properties shall be shown. To obtain this information, the applicant may refer to the future land use plan map of the City of High Springs Comprehensive Plan. Where the property abuts a right-of-way, the street name shall be indicated.

d.

The locations of all streams, floodplains, water bodies and wetlands lying within, adjacent to or affecting the site shall be clearly delineated. Provisions for protection of water bodies, wellfields, and/or wetlands shall be indicated.

e.

Total area, and percentages of the total site area, shall be given for impervious surface.

f.

If a residential development is proposed, the total number and type of residential units shall be given. The total number of units (all types) and units per acre shall be included. Construction phase lines, if proposed, shall be shown.

g.

All structures (including fences) shall be labeled as to type, height, composition and intended use.

h.

Building setback distances from property lines, abutting right-of-way and all adjacent structures shall be indicated.

i.

Locations of all proposed permanent signs and exterior lights shall be shown. Sign face area shall also be provided.

j.

Exact location of existing and all proposed fire hydrants shall be shown.

k.

The layout of any proposed sanitary sewer and water main construction shall be given, including the location of proposed connections to existing facilities.

l.

If a solid waste dumpster is proposed, show pad location(s) and screening if any.

m.

A traffic study shall be submitted if required.

n.

The plans shall show the total number of proposed parking spaces, spaces reserved for handicapped parking, loading areas, wheel stops, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow. The full dimensions of parking spaces, travel lanes and driveways shall be shown on plans.

o.

Cross sections and specifications shall be shown for all proposed pavement.

p.

A complete drainage, grading and water retention plan is required, with supporting calculations, to indicate existing and proposed runoff.

q.

Proposed landscaping, including a plant legend, shall be shown. The locations and names of any existing trees shall be shown with indications as to which trees are proposed to be removed and/or relocated and which will remain.

r.

Submission shall indicate the provisions to be made for the adequate control of erosion, sedimentation, dust and debris during all phases of clearing, grading and construction.

s.

Provisions for protection of historic and/or archaeological resources shall be indicated, if applicable.

t.

Provisions for protection of habitats of endangered or threatened species, including land area set aside shall be indicated.

u.

A space measuring at least four inches in width and three inches in height shall be provided in the title block on the top page of each set of plans. This space will be reserved for the development approval stamp.

(Ord. No. 2021-02, § 7, 5-13-2021)

A permit, issued by the City of High Springs, shall be required before the construction, rebuild, replacement or structural modification of a tower. Each application for a permit to construct or replace a tower or antenna shall submit, concurrent with conditional use applications, if applicable, the following:

(1)

Written documentation from the FAA stating that the tower, as proposed, meets or will meet all applicable federal requirements. Certification of compliance with current FCC Non-Ionizing Electromagnetic Radiation (NIER) shall be submitted prior to receive final inspection by the City Commission of the City of High Springs.

(2)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from the property lines or leased area, elevation drawings of the proposed tower and any other proposed associated structures and facilities.

(3)

If the proposed tower is within separation distance from another existing tower, then the distance, location, and other towers shall be shown on an updated tax map.

(4)

The application must include a statement in the application of its intent to allow the co-location of antennas of other entities and the maximum number that the tower can accommodate.

(5)

Written documentation as the feasibility of the use of alternative tower structure, in lieu of conventional tower structure.

Certain criteria shall be considered in determining the need for a conditional use for new tower. A new tower shall not be approved unless it can be demonstrated by the applicant that there is a technological need for the new tower which cannot be met by placing an antenna on an existing tower or on other structures, or by replacement or modification of an existing tower. Information concerning the following factors shall be considered in determining that such need exists:

(1)

Insufficient structural capacity of existing towers or other suitable structures, and infeasibility of reinforcing or replacing an existing tower.

(2)

Unavailability of suitable locations to accommodate system design or engineering on existing towers or other structures.

(3)

Radio frequency interference or other signal interference problems at existing towers or other structures.

(4)

The cost of using an existing tower or other structure exceeds the costs of permitting and constructing a new tower.

(5)

Other factors which demonstrate the technological need for the new tower.

The following are the application requirements for special exceptions:

(a)

An application form completed by the applicant along with all required supporting documents, as listed on the application form. (Provide for a digital copy of all proposed improvements on CD.)

(b)

A detailed plot plan, drawn to schedule, no larger than 11 inches by 17 inches, showing location and dimensions of all existing and proposed structures and other improvements and setbacks of same, signs, provisions for off-street parking, and a detailed statement of use.

(c)

Public notice shall be provided as set forth in the City of High Springs Land Development Code. Applicant will provide the city with an appraisal print out of property owners within 200 feet of subject property. Applicant is responsible for providing all respective parties with notice via certified mail return receipt.

If the procedural requirements above have been met and the plan board is empowered to hear the application for special exception, the plan board shall conduct a public hearing and review the application for special exception as submitted. Prior to granting a special exception approval, the plan board shall ensure that:

(a)

There is: (1) ingress and egress to the development and proposed structures, with particular reference to automotive and pedestrian safety; (2) separation of automotive, bicycle, traffic and control; (3) provision of services and servicing of utilities and refuse collection; and (4) accesses for fire, catastrophe and emergency services. Access management standards on state and county roads shall be based on the latest access management standards of the Florida Department of Transportation "FDOT", or Alachua County, respectively.

(b)

The location and relationship of off-street parking, and off-street loading facilities to driveways and internal traffic patterns within the proposed development does not impose a traffic or safety hazard, with particular reference to automotive, bicycle, and pedestrian traffic; does not unnecessarily impede traffic flow and control, access in case of fire or catastrophe; or if screening and landscaping are adequate or excessive.

(c)

If necessary, a completed traffic impact report describing how this project will impact the adjacent streets and intersections. A detailed traffic report may be required to determine the project impact on the level of services of adjacent streets and intersections. Transportation system management techniques may be required, where necessary, to offset the traffic impacts.

(d)

The drainage on the property is adequate with particular reference to the effects of provisions for drainage on adjacent and nearby properties, or the requirements of on-site retention systems. The commission may grant approval as required by the Suwannee River Water Management District (SRWMD).

(e)

Any signs, or proposed exterior lighting does not create an unnecessary glare, or constitute a traffic safety hazard, and are compatibility and harmonious with adjacent properties.

(f)

The orientation and location of buildings, recreational facilities and open space in relation to the physical characteristics of the site is adequate, and the character of the neighborhood and the appearance and harmony of the building, with adjacent development and surrounding landscape are not materially adversely affected.

(g)

The intended use is compatibility with the existing natural environment of the site, historical and archaeological sites, and with properties in the neighborhood as outlined in the city's Comprehensive Plan.

(h)

There are no substantial detrimental effects to the proposed use. In considering this the commission should evaluate the impact of the concentration of similar or the same uses and/or structures, on property values in the neighborhood.

(i)

There are no substantial detrimental effects to the proposed use. In considering this the commission should evaluate the impact of the concentration of similar or the same uses and/or structures, on living or working conditions in the neighborhood.

(j)

The setbacks, screens, buffers and general amenities to preserve internal and external harmony and compatibility with uses, inside and outside the proposed development are sufficient and adequate to control adverse effects of noise, lights, dust, fumes and other nuisances.

(k)

The land area is sufficient, appropriate, and adequate for the use and reasonable anticipated operations and expansion thereof.

(l)

The general amenities, included as part of the development complement the character of the surrounding area.

(m)

There is landscaping, as required in article VII of the LDC, and a preservation of natural man-made features of the site including trees, wetlands, and other vegetation.

(n)

The development is sensitivity to on-site and/or adjacent (within 200 feet) historical or archaeological resources related to scale, mass, building materials, and other impacts.

(o)

The development meets adopted levels of services, and meets the requirements for a Certificate of Concurrency by complying with the adopted levels of services for:

a.

Water.

b.

Sewer.

c.

Parks and recreation.

d.

Drainage.

e.

Traffic.

f.

Schools.

The plan board shall not approve a special exception unless it finds that the application meets the requirements for the specific use as prescribed in article VII of this LDC.

In approving a special exception, the plan board may also establish and require additional safeguards to ensure proper operation of the use and provide protection to the surrounding area. Such safeguards may include, but are not limited to; a time limit for acquiring development authorization and/or development completion; hours of operation; entry and exit points to and from the site; fencing and screening; additional setbacks, and capacity of the use.

Any aggrieved party may appeal the decision of the plan board regarding an application for special exception by petition to the city commission. Such petition shall be filed with the administrator within 30 days of the decision of the plan board regarding the application for which appeal is sought.

Applications for a conditional use shall be submitted to the administrator. The plan board and the city commission shall hold separate public hearings on such an application. The plan board shall hold its hearing and transmit an advisory recommendation of approval or denial to the city commission. An application fee shall be established by the city commission.

The city commission may grant approval of a conditional use application if the evidence presented at the public hearings establishes compliance with the following standards:

(1)

The proposed conditional use will not adversely affect or contribute to the deterioration of quality of life, or property values in the immediate neighborhood;

(2)

The proposed conditional use is consistent with the character of and existing land use patterns in the surrounding area;

(3)

The proposed conditional use will not create or excessively increase traffic or parking congestion or otherwise affect public safety;

(4)

The site upon which the proposed conditional use is to be located has suitable drainage, access, ingress, and egress, off-street parking and loading areas;

(5)

The site upon which the conditional use is to be located has or may have screening or buffering to prevent interference with the enjoyment of surrounding areas;

(6)

The proposed site meets the applicable requirements of the zoning district in which it is located;

(7)

Any existing or proposed signs or lighting will not adversely affect surrounding areas or vehicular traffic;

(8)

The proposed conditional use will not interfere with or adversely affect the health, safety, or welfare of the surrounding community area.

The city commission shall not approve a conditional use unless it finds that the application meets the requirements for the specific use as prescribed in article VII of this LDC.

The city commission may impose conditions upon the applicant where deemed necessary to protect the health, safety, or general welfare of the public or where deemed necessary to assure compliance with the standards set forth in section 11.09.03 above. Such conditions and stipulations shall become part of the written approval and must be conformed to or followed by the applicant or any successor in interest.

An application for approval of a development plan may be filed by the owner of, or any person having a contractual interest in, the property which is the subject of the application.

Applications for PD district designation shall be processed pursuant to a level three review as specified in this article.

Prior to filing a preliminary development plan, the applicant shall prepare a sketch plan of the proposed planned development for review by the site plan review committee at the preapplication conference. The administrator shall coordinate sketch plan review of the proposed planned development. Upon completion of the sketch plan review, the administrator shall provide the applicant with written comments with respect to the proposed planned development and shall also provide such recommendations as may inform and assist the applicant in preparing an application for approval of a PD district. (Provide for a digital copy of all proposed improvements on CD.)

The preliminary development plan is intended to provide the applicant with an opportunity to submit a plan showing the basic concept, character and nature of the entire proposed planned development without becoming involved in the preparation of detailed development plans or engineering drawings. In order to permit the city and the applicant to proceed with some assurance, approval of the preliminary development plan binds the applicant and the city with respect to the following development constraints:

(1)

Categories of uses to be permitted;

(2)

Overall maximum density of residential uses and intensity of non-residential uses;

(3)

General location of vehicular and pedestrian circulation systems;

(4)

General location and extent of public and private open space;

(5)

General location of residential and non-residential land uses; and

(6)

Staging of development.

Upon completion of the sketch plan requirements, an application for a preliminary development plan may be submitted. Seven copies of applications for approval of a preliminary development plan shall be submitted to the administrator. (Provide for a digital copy of all proposed improvements on CD.)

The application for a preliminary development plan shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the administrator in written rules but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a preliminary development plan:

(1)

The applicant's name and address and his interest in the subject property.

(2)

The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.

(3)

The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development.

(4)

The legal description of the subject property.

(5)

The names and addresses, provided on legal-size envelopes, for all owner's of property within 185 feet of the subject property. The names and addresses shall be compiled by an abstract company or attorney at law.

(6)

The zoning district classification and present use of the subject property.

(7)

One or more maps at a scale of not less than one inch to 200 feet delineating the existing physical characteristics of the site, including:

a.

Topography at contours not more than two feet;

b.

Slopes of five percent or more;

c.

Property boundary lines and dimensions; available utilities; and easements, roadways, rail lines and public rights-of-way crossing and adjacent to the subject property;

d.

Water courses, drainage ways, sinkholes, groundwater recharge areas, ponds, lakes and bodies of water;

e.

A generalized description of vegetation and tree cover;

f.

Marshes and floodplains, including the delineation of the 100-year floodplain, where applicable;

g.

Drainage patterns;

h.

Other physical features that may affect the development of the property that the applicant may wish to delineate.

(8)

A map depicting both the existing development of the subject property and appropriate adjacent property and showing the approximate location of existing streets, property lines, easements, water mains and storm and sanitary sewers.

(9)

A written statement, with supporting graphics, generally describing the overall concept of the proposed planned development, the market which it is intended to serve, and its relationship to the High Springs Comprehensive Plan; the uses included and any limitations upon uses; a description of the general architectural design or theme to be employed; building types and prototypical site layouts, if appropriate; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information required by this article or pertinent to a determination of compliance with this article.

(10)

One or more maps at a scale of not less than one inch to 200 feet and a written description of the proposed planned development describing the following features of the project:

a.

A general land use plan with a description of the type, location and nature of land use within each area of the development;

b.

A proposed traffic circulation concept which illustrates both external and internal trafficways related to the development, including proposed right-of-ways, travel lanes and other transportation improvements;

c.

A generalized layout and description of water service, sanitary sewerage, utilities, refuse collection, management of stormwater runoff and similar essential services;

d.

A generalized landscape plan for the development, including the buffer and perimeter areas;

e.

A delineation and description of the minimum open space areas, including the buffer and perimeter area;

f.

A description of screening and berming adjacent to existing residential areas; and

g.

A sign plan that coordinates the size, location, illumination, and relation to surrounding uses of signs within the proposed planned development.

(11)

A tabulation of the following information:

a.

The approximate total number of dwelling units proposed by type of structure and approximate number of bedrooms for multifamily units;

b.

The approximate total square feet of building floor area proposed for non- residential uses by general type of use;

c.

The total land area, expressed in acres and as a percent of the total development area proposed to be devoted to residential and non-residential uses, by type of structure; streets; and off-street parking and loading areas; and

d.

The proposed number of off-street parking and loading spaces for each proposed type of land use.

(12)

If the planned development is proposed for construction in phases during a period extending beyond a single construction season, a proposed and tentative schedule for the development of such phases shall be submitted, stating the approximate beginning and completion date for each phase, the proportion of the total public and private open space and the proportion of each type of proposed land use to be provided or constructed during each such phase; and the overall chronology of development to be followed from phase to phase. All public improvements directly related to each phase shall be completed at the time the phase is developed and improvements serving the proposed planned development as a whole and any adjoining area in the planned development shall be completed in a sequence assuring full utility of the planned development as a whole and all areas within the planned development. All public improvements shall also be completed so that future public improvements required by this article and other applicable ordinances of the city are not compromised or rendered unduly difficult.

(13)

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including a current certified abstract of title or commitment for title insurance.

(14)

A traffic impact analysis indicating the relationship of the proposed development to traffic and road use and plans in the immediate surrounding area.

The site plan review committee shall determine whether the preliminary development plan:

(1)

Meets the requirements and standards of this Code applicable to the property which is depicted on the plans;

(2)

Is consistent with the goals, objectives, development standards, guidelines and criteria otherwise established by the Code;

(3)

Provides design features which assure the protection of the public health, safety and welfare;

(4)

Is consistent with the goals, objectives, policies, recommendations and development standards set forth in the Comprehensive Plan, relevant element thereof, or other land development regulations;

(5)

Is consistent with design standards for public improvements set forth in these or other pertinent development regulations;

(6)

Provides necessary improvements or facilities.

Such determination shall be made in writing and shall recommend provisions, standards, conditions or design specifications which must be satisfied to assure compliance with the standards set forth above and the implementation of this Code.

The determination shall be finalized within 20 working days after a complete preliminary development plan has been accepted for review. The findings and recommendation of the site plan review committee shall be scheduled for review by the plan board. If a determination has not been made within 20 working days, the plan shall be automatically submitted to plan board for consideration at the earliest regular meeting permitting public notice conforming to the requirements of Part 11.18.00.

The plan board shall conduct a review of the preliminary development plan at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public.

The plan board shall either (1) concur with the recommendation of the SPRC, (2) concur with modifications or (3) recommend denial of the preliminary development plan. In the event of a recommendation of denial, the reasons for such denial shall be stated by the plan board and made a part of the public record.

The findings and recommendations of the plan board shall be scheduled for review by the city commission and all records pertaining to the application shall be transmitted for city commission consideration.

The city commission shall conduct a review of the preliminary development plan at a regularly scheduled public meeting and shall consider the findings and recommendations of the SPRC and the plan board along with evidence that may be submitted by the applicant or the applicant's representative(s), by other agencies or by the public. The plan board shall approve the preliminary development plan as submitted by the plan board, approve with modifications or deny the preliminary development plan. In the event of denial, the reasons for such denial shall be stated by the city commission and made a part of the public record.

Within 30 days following the conclusion of the public hearing, unless a delay is requested by the applicant, the city commission shall either refuse to approve the preliminary development plan; shall refer it back to the plan board for further consideration of specified matters; or shall, by ordinance duly adopted, approve the preliminary development plan, with or without modifications to be accepted by the applicant as a condition of such approval; provided, however, that if such plan is approved with modifications, no application for approval of a final development plan shall be filed or considered until the applicant has filed with the administrator his written consent to such modifications. In the event the city commission shall fail to act within the time limit herein specified, the preliminary development plan shall be deemed finally denied. Within seven days of the city commission's action, or its failure to act as above provided, the administrator shall mail notice thereof to all parties entitled thereto.

When a preliminary development plan has been approved, or approved with modifications acceptable to the applicant, the applicant shall proceed to file a final development plan.

Unless the applicant fails to meet time schedules for filing a final development plan or plans or fails to proceed with development in accordance with the plans as approved or fails to comply with any condition of this section or any approval granted pursuant to it, a preliminary development plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan or plans, by any action of the city without the consent of the applicant.

The final development plan is intended to particularize, refine and implement the preliminary development plan. A final development plan may be submitted for the entire planned development or in phases as approved in the preliminary development plan.

When approving the preliminary development plan, the city commission may permit review and approval of the final development plan in its entirety or for specified portions of the project by the plan board or the site plan review committee. Administrative review and approval shall be granted only if the preliminary development plan offers sufficient detail and assurances to adequately safeguard the public interest, or review procedures normally required by other regulations would offer adequate review to safeguard the public interest. Administrative review and approval shall not be construed to waive review procedures otherwise required by city ordinances.

Upon approval of the preliminary development plan, the applicant shall submit an application for final development plan approval to the administrator. The application for final development plan may include the entire area included in the approved preliminary development plan or one or more stages or units thereof in accordance with a staging plan approved as part of the preliminary development plan. The application shall contain a plan which refines, implements and is in substantial conformity with the approved preliminary development plan, but shall in all instances contain at least the following information and documentation, which information and documentation, taken together, shall constitute a final development plan: (Provide for a digital copy of all proposed improvements on CD.)

(1)

The applicant's name and address and his interest in the subject property.

(2)

The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.

(3)

A legal description of the property for which Final Development Plan approval is sought.

(4)

The date on which preliminary development plan approval was granted.

(5)

A preliminary plat of subdivision that includes a survey certified by a registered land surveyor. A survey shall be required even if a plat is not necessary.

(6)

A tabulation of the following information with respect to the area included in the final development plan:

a.

The total number of dwelling units proposed, by type of structure and number of bedrooms for multifamily;

b.

The total square feet of building floor area proposed for non-residential uses by general type of use;

c.

The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses, by type of structure; non-residential uses; public and private open space; streets; and off-street parking and loading areas; and

d.

The proposed number of off-street parking and loading spaces for each proposed type of land use.

(7)

A landscape plan specifying the design, description and arrangement of landscaping for all open space, buffer and perimeter areas in the PD district, including materials and techniques to be used. A statement and plan of the proposed treatment of the buffer and perimeter areas of the proposed planned development, including materials and techniques to be used. The plan shall be approved only if the general intent of the screening and fencing regulations, part 7.07.00, and landscaping and bufferyard regulations, part 7.06.00 is satisfied.

(8)

When the proposed planned development, or stage thereof, includes provisions for public or private open space or service facilities, a statement describing the provision that is to be made for the dedication or care and maintenance of such open space or service facilities. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted.

(9)

Copies of any restrictive covenants that are to be recorded with respect to property included in the final development plan.

(10)

Utility plans, indicating placement of water mains, sanitary and storm sewerage, gas, electric and telephone lines, and related facilities.

(11)

A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or date.

(12)

Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the planned development and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or private common open space or service facility.

(13)

All certificates, seals and signatures required for the dedication of land and recordation of documents.

(14)

Such other and further information as the city commission shall find necessary to a full consideration of the entire proposed planned development or any stage or unit thereof.

When administrative review and approval has been granted in the preliminary development plan, within 30 days following the submission of a complete application for the final development plan, or such longer period as may be agreed to by the applicant, the site plan review committee shall review the plan with respect to its conformity to the approved preliminary development plan; with respect to the merit or lack of merit of any departure of the final development plan from substantial conformity with the preliminary development plan; and with respect to compliance of the final development plan with any conditions imposed by approval of the preliminary development plan, and with the provisions of this article and all other applicable federal, state and city codes, ordinances and regulations.

If the site plan review committee finds that there is substantial conformity between such plans and shall further find the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan, and with the provisions of this code and all other applicable, federal, state and city codes, ordinances and regulations, it shall approve the final development plan. Site plan review committee action shall constitute final approval of the final development plan.

If the site plan review committee shall find that the final development plan lacks substantial conformity to the preliminary development plan but merits approval notwithstanding such lack of conformity, it shall transmit such plan to the plan board together with its recommendation that the final development plan be approved.

In any case, where the site plan review committee finds that the final development plan lacks substantial conformity to the preliminary development plan and does not merit approval, it shall transmit such plan to the plan board, together with its recommendation that the final development plan not be approved.

Within 45 days following the submission by the applicant or referral from the site plan review committee of a complete application for the final development plan, or such longer period as may be agreed to by the applicant, the plan board shall review the plan with respect to its conformity to the approved preliminary development plan; with respect to the merit or lack of merit of any departure of the final development plan from substantial conformity with the preliminary development plan; and with respect to compliance of the final development plan with any conditions imposed by approval of the preliminary development plan, and with the provisions of this Code and all other applicable federal, state and city codes, ordinances and regulations.

If the plan board finds that there is substantial conformity between such plans and shall further find the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan, and with the provisions of this Code and all other applicable, federal, state and city codes, ordinances and regulations, it shall approve the final development plan. Planning commission action shall constitute final approval of the final development plan.

If the plan board shall find that the final development plan lacks substantial conformity to the preliminary development plan but merits approval notwithstanding such lack of conformity, it shall transmit such plan to the city commission together with its recommendation that the final development plan be approved.

In any case, where the plan board finds that the final development plan lacks substantial conformity to the preliminary development plan and does not merit approval, it shall transmit such plan to the city commission, together with its recommendation that the final development plan not be approved. The failure of the commission to act within the aforesaid time period shall be deemed a recommendation to the city commission to deny the final development plan as submitted.

Within 45 days, or such longer period as may be agreed to by the applicant, following the action of the plan board, or its failure to act as provided, the city commission shall either refuse to approve the final development plan, shall refer it back to the plan board for further consideration of specified matters; or shall, by ordinance duly adopted, approve the final development plan, with or without modifications to be accepted by the applicant, as a condition of such approval. The failure of the city commission to act within the aforesaid time period shall be deemed a final denial of final development plan approval.

Within seven days following the final disposition of an application for final development plan approval, the administrator shall mail notice thereof to the applicant and to all city officials, departments, bureaus, boards and commissions whose duties might be affected by such disposition. When a final development plan is approved, the administrator shall, within ten days of its approval, file a copy of the entire final development plan in the permanent records of the city.

Upon, but not before, receiving notice from the administrator that the final development plan has been approved, and upon application by the applicant, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final development plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the city have been met which are applicable to the permit sought.

During the construction of a planned development, the site plan review committee may authorize minor adjustments to the final development plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development.

In addition to the minor adjustments authorized by section 11.02.05, an approved final development plan may be amended, varied or altered in the same manner, and subject to the same limitations, as any other regulation established by this article. In addition, an approved final development plan may be amended or altered pursuant to the procedures established by this section for its original approval.

All amendments to the High Springs Comprehensive Plan constitute a legislative action.

Amendments to the Comprehensive Plan may be initiated as follows:

(1)

Action by the city commission;

(2)

Action by the plan board;

(3)

Citizens owning or having a legal or equitable interest in property in the affected area may submit to the plan board proposals for amending any aspect of the Comprehensive Plan; or

(4)

Action by the administrator.

The plan board shall review the appropriateness of such proposals with respect to the goals, objectives, and policies of the Comprehensive Plan, and shall report same to city commission. All citizens, whether they are directly or indirectly affected, shall be given the opportunity to contribute to the planning and policy-making process through public meetings and hearings.

Amendments to the Comprehensive Plan shall not be made more frequently than two times per calendar year except as provided by Florida Statutes as may be amended

Applications to amend the Comprehensive Plan shall be set for public hearing before the plan board and shall be in accordance with the following four types of amendments which may be requested to change the Comprehensive Plan.

(a)

A "policy amendment", amending the text of any element of this Comprehensive Plan, thereby affecting the entire city.

(b)

An amendment to the future land use map contained in the future land use element, other than a small-scale map amendment (described below). These amendments shall be termed "map amendments".

(c)

"Small scale map amendments" meeting the requirements of Florida Statutes.

(d)

An amendment to the capital improvements element may only be initiated by the city commission.

Amendment of any aspect of the Comprehensive Plan represents a major policy decision. An amendment of the future land use map, in particular, is a declaration that the amendment is appropriate and consistent with other portions and features of the Comprehensive Plan. A significant change in circumstances affecting the suitability of such property for the kind of development intended by the future land use map, which was not contemplated at the time of adoption, may justify a reconsideration of the land use classification indicated by the future land use map. However, land use plan changes which are not functionally related to the overall purposes expressed in the future land use element could seriously undermine the integrity of both of these documents. Amendments, therefore, should not occur with the same frequency as parcel rezoning. Amendments and their effect upon the entire Comprehensive Plan, including the practical consequences of the policy shift signified by the amendments, shall be fully set forth as part of the amending ordinance.

In assessing the merits of a Comprehensive Plan amendment, the plan board and the city commission shall not be limited to consideration of the particular property affected by the proposal. Each shall consider implications the amendment should have on the future land use map in the vicinity of the affected property and the development policies being pursued. In order that city commission may be able to fully assess the consequences of approving the proposed change, the plan board report shall include:

(a)

An assessment of the consistency of the proposed change with other portions and features of the Comprehensive Plan.

(b)

Recommendations for whatever further amendment would be advisable in conjunction with the proposed amendment.

(c)

An analysis of the capital costs, additional service requirements, and the benefits generated by the proposed amendment.

The plan board shall hold a public hearing on each application to amend the Comprehensive Plan, and thereafter, submit to city commission a written recommendation which:

(a)

Identifies any provision of the Comprehensive Plan, Land Development Code, or other law relating to the proposed change and describes how the proposal relates to them.

(b)

State factual and policy considerations pertaining to the recommendation.

City commission shall hold a public hearing on the proposed amendment, and may enact or reject the proposal, or enact a modified proposal that is within the scope of matters considered in the hearing.

An amendment to the text of the Land Development Code may be initiated by:

(1)

Action of the city commission;

(2)

Action of the plan board; or

(3)

Action of the administrator.

Notice shall be as required by F.S. ch. 166.041(3)(c)(1) and (2).

It is the intent of this LDC that all proposed LDC amendments shall be heard in the first instance by the plan board. Within a reasonable time after the proposed amendment is officially received by the plan board, the plan board shall hold a public hearing to consider the proposed amendment. The plan board shall fix a reasonable time for the hearing, and give public notice thereof. At the hearing, any person may appear. The plan board shall develop and submit a report and recommendation concerning the proposed amendment to the city commission.

Before making a decision on any amendment, the city commission shall conduct a public hearing. The city commission shall fix a reasonable time for the hearing, and give public notice thereof. At the hearing, any person may appear.

The city commission shall:

(1)

Adopt the proposed LDC amendment through enactment of an ordinance for that purpose;

(2)

Amend and adopt; or

(3)

Deny the proposed amendment.

An amendment of the official zoning atlas may be proposed by:

(1)

Action of the city commission;

(2)

Action of the plan board;

(3)

Action by the administrator; or

(4)

Petition by the owner, or owner's agent, of the property to be rezoned.

(1)

Notice of proposed zoning map amendments shall be as required by F.S. ch. 166.041(3)(c)(1) and (2).

(2)

The administrator shall notice all landowners of record (according to the most recent tax roll provided to the City by the Alachua County Property Appraiser) within 300 feet of the property to be rezoned. The notice shall contain a copy of the application appended to it, and it shall state that no further notice shall be provided unless requested in writing by the recipient of the initial notice, and directed to the administrator.

(3)

The administrator shall post a sign advertising the application for rezoning in a prominent position on the property to be rezoned.

(4)

The administrator shall provide notice of any hearing on the proposed application to each interested party, not less than ten days before the hearing. For the purpose of this section, the term "interested party" shall refer to the applicant, the owner, and any other person who has made written request to the zoning administrator for such notice.

(1)

It is the intent of this LDC that all proposed zoning map amendments shall be heard in the first instance by the plan board. Within a reasonable time after a proposed amendment is officially received by the plan board, the plan board shall hold a public hearing to consider the proposed zoning map amendment. The plan board shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties involved. At the hearing, any person may appear in person or by agent or attorney. The plan board shall develop and submit its report and recommendation concerning the proposed amendment to the city commission.

(2)

When pertaining to the rezoning of the land, the report and recommendation of the plan board shall show that the plan board has studied and considered the proposed change in relation to the following criteria where applicable:

(a)

Whether the proposed change conforms to the Comprehensive Plan, and how the proposed change would impact the Comprehensive Plan;

(b)

The existing land use pattern;

(c)

Possible creation of an isolated district unrelated to adjacent and nearby districts;

(d)

The population density pattern and the effect that the proposed use would have on the public facilities such as schools, utilities, streets, etc.;

(e)

Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

(f)

Whether changed or changing conditions make the passage of the proposed amendment necessary;

(g)

Whether the proposed change will adversely affect living conditions in the neighborhood;

(h)

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

(i)

Whether the proposed change will create a drainage problem;

(j)

Whether the proposed change will seriously reduce light and air to adjacent areas;

(k)

Whether the proposed change will adversely affect property values in the adjacent area;

(l)

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations;

(m)

Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with public welfare;

(n)

Whether the change suggested is out of scale with the needs of the neighborhood or the city.

Before making a decision on any amendment, the city commission shall conduct a public hearing. The city commission shall fix a reasonable time for the hearing, and give public notice thereof. At the hearing, any person may appear.

The city commission shall:

(1)

Adopt the proposed zoning map amendment through enactment of an ordinance for that purpose, or

(2)

Deny the proposed amendment.

No application by an owner of real property for amendment to the official zoning map for a particular parcel of property, or part thereof, shall be made until the expiration of 12 calendar months from the date of denial of an application for an amendment to the official zoning map for such property, or part thereof, unless the city commission specifically waives said waiting period based on a consideration of the following factors (Failure of a second on an a vote for approval of an amendment will constitute a denial of the application):

(1)

The new application constitutes a proposed zoning classification different from the one proposed in the denied application, or

(2)

Failure to waive said 12-month waiting period constitutes a hardship to the applicant resulting from mistake, inadvertence, or newly discovered matters for consideration.

The purpose of the initial determination is to avoid time being wasted on development agreements which clearly are not in the interests of the city. This advance review of the feasibility of entering into a development agreement will be based on the impacts and benefits of the development.

Any developer wishing to initiate a development agreement shall provide the following information, prior to formal application, to enable the initial determination to be made.

(a)

Generalized description of development and of the impacts and benefits of the project.

(b)

General information such as the name and address of the owner, applicant, and agent; site area; location; and legal description.

(c)

Any developer commitments and anticipated special benefits or impacts of the development.

(d)

Any anticipated approvals, waivers, variances, special exceptions or government commitments sought by the developer.

Since the initial determination is an informal procedure, only very general information will be required and the format of the applicant's submittal may be as simple as a letter. The analysis of the impacts of the development on public facilities should not be detailed. The initial determination of capacity performed for concurrency is sufficient detail for the initial determination of transportation impacts, for example. A development agreement reviewer will render an initial determination within ten working days of submittal of an application. In unique situations where a developer demonstrates a dire time constraint, the initial determination will be in two working days. The determination may be positive, negative or inconclusive. If inconclusive or negative, the review will specify what the basis for the determination is.

The developer has the right to submit an application after the initial determination regardless of the conclusion of the initial determination.

Application will be made on an application form provided by the administrator. it shall include a fee as established by the board. There will be no minimum or maximum size of development for which a development agreement may be requested. At the time of application, a statement of ownership and authorization from the owner to proceed shall be required. A land title report shall be required prior to entering into the agreement, and may be in the form of documents which satisfy staff as to the validity of title. Documentation submitted to satisfy validity of title shall be considered acceptable for a three-month period and will need to be updated thereafter. Similarly, the required traffic analysis may be one performed up to three months prior to submittal of the application. However, if significant development has taken place subsequent to the submitted traffic analysis, the applicant may be called on to update it. Similarly, in situations where no significant development has occurred, a traffic analysis may be acceptable beyond three months.

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. If there is a question as to the sufficiency of the applicant's interest in the subject real property with respect to entering into the agreement, the administrator may request and rely upon an opinion of the city attorney's office.

The site plan review committee shall prepare and the administrator shall file with the city commission a staff report and recommendation within 45 days of the application's submittal. Notwithstanding the foregoing, if the administrator determines that an application is insufficient, the applicant shall be provided with a statement of any additional information required within 15 days of the application's submittal, and the report and recommendation of site plan review committee shall be due 45 days from the receipt by the administrator of a sufficient submittal.

Where a development is undergoing a number of simultaneous reviews (e.g. rezoning and development agreement review) these will, to the extent possible, be unified into one review process. Fee reductions may be considered in such instances, especially if one review is immediately subsequent to another. Material prepared for one review (e.g transportation analysis) may be filed for another, if appropriate.

Once an application is filed, the time frames established herein shall be followed. If the information provided by the applicant is deficient, he shall have the right to provide additional information. The review time shall be extended accordingly.

A reviewer shall review and formulate a recommendation on every development agreement application. The reviewer may request review of the application by the appropriate departments or agencies.

Notice shall be provided:

(a)

By the applicant publishing an advertisement approximately seven days before each public hearing on the application in a newspaper of general circulation and readership in the city.

(b)

By the applicant mailing notice with proof of mailing to all owners of property, as reflected on the current year's tax roll, lying within 400 feet in every direction when the subject parcel is within an agricultural or rural category of the Comprehensive Plan, and 250 feet in every direction when the parcel is within any of the remaining plan categories (right-of-way and water bodies less than 1,000 feet, as measured at the site, shall be excluded in calculating notification distances). Notice shall be mailed at least 15 calendar days prior to the first hearing on the application.

As required by F.S. § 163.3225, the form of the notices of intention to consider adoption of a development agreement shall specify:

(a)

The time and place of each hearing on the application;

(b)

The location of the land subject to the development agreement;

(c)

The development uses proposed on the property, including the proposed population densities and proposed building intensities and height;

(d)

Instructions for obtaining further information regarding the request, including where a copy of the proposed agreement can be obtained.

The city commission shall conduct a public hearings on each application. The public hearing may take place during the regularly scheduled meetings of the city commission. At the conclusion of the public hearing, the city commission shall approve, approve with modifications, or deny the application.

An applicant shall submit a draft petition to the administrator for a preliminary determination of the sufficiency of the proposal prior to formally filing a petition. The administrator shall submit the draft petition to the SPRC for review and solicit comments from other agencies and jurisdictions as the administrator deems appropriate.

After clarifications and deficiencies have been identified and addressed by the potential applicant, the administrator may, at his discretion, schedule a community development district workshop with the city commission to include the plan board and various city and county entities, and other agencies, as necessary. The identification of additional concerns stemming from the workshop is the final informal step prior to the applicant formally filing the petition requesting the establishment of a community development district for a defined area.

Applications for community development districts shall be submitted to the administrator on forms provided by the administrator. The administrator may require an applicant to submit such information as is necessary to process the application. The city commission shall fix the schedule of fees and charges imposed for the filing and processing of each application, except where otherwise set by the State of Florida.

Only a qualified applicant may file an application to establish a community development district. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the community development district. If there is a question as to the sufficiency of the applicant's interest in the subject real property with respect to entering into the agreement, the administrator may request and rely upon an opinion of the city attorney's office.

The administrator shall schedule a public hearing with the city commission within 45 days of the formal filing of the petition; i.e., the date of the formal filing.

The applicant shall publish the notice of public hearing after approval of the notice by the city attorney's office, for the community development district, once a week for four successive weeks prior to the city commission public hearing date.

The administrator shall prepare and file with the city clerk a staff report and recommendation within sufficient time to allow a public hearing to be held within 45 days of the application's submittal. Notwithstanding the foregoing, within 90 days after an application for the establishment of a community development district has been filed the city commission may transfer the application to the Florida Land and Water Adjudicatory Commission, which shall make the determination to grant or deny.

The site plan review committee shall evaluate the petition for consistency with the state and local Comprehensive Plans. The administrator also transmit copies of the petition to the city attorney's office, budget department, and various departments or agencies for review and comment as the administrator deems appropriate. Reviewers shall identify the general and specific issues that fall within the purview of the individual department. The SPRC report shall address the issues and concerns identified in the individual reviews conducted by the various departments.

The administrator shall also transmit the petition and supporting information to the plan board and schedule the petition for consideration by the plan board at a meeting date that permits recommendations to be formulated and transmitted to the city commission at the scheduled public hearing.

Notice shall include the date, place, time and brief description of the subject of any formal public hearing, and should be made by:

(1)

Posting a copy of the notice on the appropriate bulletin board for display of notices maintained at the High Springs City Hall; and

(2)

Mailing a copy of the notice, postage prepaid, at least ten days before the hearing, to the owner of the property which is the subject of the hearing and/or to the applicant requesting the hearing; and

(3)

Mailing a copy of the notice, postage prepaid, at least ten days before the hearing, to any landowner (according to the most recent tax roll provided to the City by the Alachua County Property Appraiser) whose property abuts the property which is the subject of the formal public hearing; and

(4)

Mailing a copy of the notice, postage prepaid, at least ten days before the hearing, to each member of the tree preservation committee in those cases where approval of the requested action will result in the removal of trees; and

(5)

If one or more local newspapers are published in the city, a copy of the notice shall be published in one local newspaper, published in the city at least five days before the hearing; and

(6)

A copy of the notice will be placed on the City of High Springs Website.

(1)

The agency conducting the hearing may place reasonable and equitable limitations on the presentation of evidence and arguments and cross examination of witnesses so that the matter at issue may be decided in a just and expeditious manner;

(2)

All persons who intend to present evidence shall be sworn;

(3)

All findings and conclusions necessary to grant or deny the requested action shall be based upon reliable evidence; that evidence which would only be admissible in a court of law shall be preferred whenever possible, but in no case may contested findings be based solely on evidence which would not be admissible in a court of law, unless such evidence is not reasonably available, the evidence in question appears to be reliable and the matter at issue is not seriously disputed;

(4)

Any interested party shall have the right to secure a court reporter for transcription of the hearing;

(5)

The agency conducting the hearing may continue the hearing until a subsequent meeting and may further continue hearings until a final decision is made; notice of a continued hearing shall not be required provided that all parties are given notice of the time and place of the continued hearing at the immediately preceding hearing.

(1)

The initial burden of proof shall be on the applicant, petitioner or party requesting the action as to demonstrate consistency with the Comprehensive Plan and to establish compliance with this LDC;

(2)

The burden of presenting evidence shall then be upon any party in opposition to demonstrate inconsistency with the Comprehensive Plan or show noncompliance with this LDC or elements of this LDC at issue;

(3)

The ultimate burden of persuasion shall be upon the applicant, petitioner or person requesting the action.

(1)

The agency decision shall be to:

(a)

Grant the application or petition, or

(b)

Grant the application or petition subject to certain requirements to assure compliance with one or more elements of this LDC, or

(c)

Deny the application or petition (failure of passage of an ordinance will constitute a denial).

(2)

The decision of the agency shall be in writing, shall be filed with the administrator, and shall fully state the reasons for its findings.

(3)

A copy of the decision shall be mailed, postage prepaid, to the last known address of the applicant and all other parties who have requested copies in writing, within seven days of the filing of the written decision with the administrator.

(1)

All decisions of the agency shall be subject to appeal to the city commission, except that if the agency is the city commission, its decision shall be subject to appeal to the Circuit Court in and for Alachua County, Florida;

(2)

An appeal shall be taken by any aggrieved person within 30 days of the filing of the written agency decision with the administrator.