The application process for a building permit for single-family, duplex and manufactured home construction is pursuant to the requirements of section 12.08.107, dwelling building permit requirements for single-family, manufactured home and duplex dwellings.

(Ord. No. 05-06-30, § 7)

An application for a final development order for a final site plan or final plat 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 submitted to the office of the county engineer. Nine copies of the following materials shall be included:

A.

Previously designated approvals, clearances and reports as listed in these regulations;

B.

The county's standard application form, completed, signed by all owners of subject property, and notarized (signatures by other parties will be accepted only with notarized proof of authorization to sign); in a case of corporate ownership, the authorized signature shall be accompanied by notation of the signer's position in the corporation and embossed with the corporate seal;

C.

A copy of the recorded deed to the subject property (legal descriptions will be checked against those provided on the application, and survey discrepancies shall be resolved and documented before final approval can be granted);

D.

Preliminary site plan for a commercial building structure, or preliminary plat for land subdivision development; and

E.

A boundary survey prepared in accordance with the minimum technical standards for land surveying as defined by Chapter 5J-17, Florida Administrative Code, together with the following information:

1.

A legal description of the subject property, which should be consistent with the description found on the instrument 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.

Signature and seal of a Florida Professional Surveyor and Mapper in accordance with F.S. ch. 472;

5.

FIRM flood hazard zone and base flood elevation referenced to NAVD 1988, or as required by the county engineer, if applicable; and

6.

Location and dimensions of all structures within the parcel.

F.

Combined submittals. Applicants may request to combine the submittal of the concurrency and preliminary site plan or preliminary site plan and final site plan. A written request must be submitted and approved by the county engineer prior to the submittal of the preliminary site plan.

1.

All projects must receive concurrency clearance prior to the issuance of the final development order.

2.

Major projects may not combine concurrency clearance and site plan reviews.

3.

Plat reviews cannot be combined.

4.

Projects will be classified according to the following criteria:

a.

Small projects—Those generating less than 150 trips average daily trips.

b.

Minor projects—Those generating 150 trips but less than 1,000 average daily trips.

c.

Major projects—Those generating 1,000 or more average daily trips.

G.

Checklist. The engineer or surveyor of record, shall submit a signed and completed checklist, as provided in the Highlands County Technical Standards Manual, current edition, concurrently with the preliminary plat, improvement plan, final plat, preliminary site plan, final site plan, landscape plan, irrigation plan, and any other type of plat or plan submitted for review.

H.

Application fee. The current application fee established by the BCC shall also be enclosed with the development order application. This fee is payable in advance to the BCC.

I.

Review fees.

1.

The current review fee established by the BCC shall be submitted concurrently with the preliminary plat, improvement plan, final plat, preliminary site plan, final site plan, landscape plan, irrigation plan, or any other type of plat or plan submitted for review. This charge is payable in advance to the BCC, Highlands County, Florida, and shall accompany the plat or plan on first submittal. This review fee is calculated on a per sheet basis for commercial site plans and subdivision improvement plans, and calculated per corner for preliminary or final plats, and no additional charge will be made for subsequent review of the same sheet. However, an additional charge will be made for sheets or corners added to the plan or plat at the time of revision, and the additional fee must accompany the revised submission. No credit will be given for previously reviewed sheets that are removed from the submittal at the time of revision. A fee will be charged for any sheet in the submittal that contains information required by these regulations. Review of original or revised submittals shall not begin until all fees are paid. Sheets may be submitted for "additional information only", where the information is not required, but such sheets should be plainly identified so that no charge will be made for them.

J.

Plat and plan contents. Information required to be placed on the plats or plans cannot be submitted on individual smaller pages to avoid payment of additional fees.

K.

Action upon receipt of application. County staff will take the following action upon receipt of the final development order application, all supporting documents, and the preliminary site plan or preliminary plat:

1.

Within ten working days, the county engineer shall determine whether or not the application is complete.

a.

If incomplete. If all items required by this section are not included, the application shall be deemed incomplete and the applicant notified in writing, requesting the additional information or materials. The applicant shall have 30 calendar days to supply the missing information, after which time, if not received, the county engineer shall return the application and all supporting material, disapproved. The applicant must then resubmit the application as if it were a completely new submission. Credit will be given for any application fee or review fees submitted with the first application toward applicable fees for any subsequent application for the same project submitted within 12 months from the date the applicant was notified that the application had been deemed incomplete.

b.

If complete. If all items required by this section are included, and otherwise in conformance with the submission requirements of these regulations, the application shall be deemed complete, and the applicant notified in writing, that the application together with the preliminary plat or site plan will be processed within 25 working days.

2.

The county engineer shall transmit one copy each of the application, together with supporting documentation and the preliminary site plan or preliminary plat to staff, who shall have ten working days to complete their review of the application and preliminary site plan or preliminary plat, and notify the county engineer, in writing, of their findings. The technical review meeting shall be held within ten working days of the completion of staffs review. Recommendations and decisions rendered by each reviewing department shall be based upon the application, supporting documentation, compliance with standards and requirements of these regulations, and comments from and approvals required by other agencies.

3.

Within five working days after the technical review meeting, or at the end of 25 working days, if the technical review meeting is omitted, the county engineer shall either approve or conditionally approve the preliminary plat or site plan, or issue a request for additional information. A copy of the preliminary plat or preliminary site plan will be returned to the applicant, either approved, conditionally approved or disapproved, along with copies of each staff member's comments, the conditions of approval, and the checklist.

a.

If disapproved: The preliminary plat or site plan must be revised and resubmitted as required by notes on the preliminary plat or site plan, by staff's comments, by the conditions of approval and by the checklist, which shall accompany the plat or plan. Any resubmitted plans must have all revisions contained within a revision cloud and the revisions must be described in a dated revision block on the plans. The applicant shall be allowed 60 calendar days from the date the request for additional information was made in which to obtain an approved preliminary plat or preliminary site plan. Otherwise, the application will be returned disapproved.

b.

If approved or conditionally approved: A preliminary development order will be issued which will authorize submitting a final site plan when a preliminary site plan is being approved or conditionally approved, and an improvement plan or final plat when a preliminary plat is being approved or conditionally approved.

L.

Final development order application acceptance. A final development order application is not approved in the same sense that plats or plans are approved. It is only determined to be complete and is accepted with the date of acceptance becoming the official date of application for the final development order. It can only be accepted concurrently with the approval of a preliminary site plan or preliminary plat. Acceptance of a final development order application is not approval of a final development order. A final development order shall not be issued until other specified conditions described in these regulations have been satisfied.

M.

Filing of application materials. All application materials (maps, preliminary plat, preliminary site plan, support documents, etc.) submitted as part of an application shall be approved and filed in the proper county office. Subsequent amendments and revisions shall be approved and filed in the same manner, superseding all previously submitted materials. All materials shall reflect a dated description of the revision(s) in the revision block, revisions contained within a revision cloud, and signature(s), and seal(s) as required.

N.

Cancellation of development orders. Failure of the applicant, agent, or holder of a development order to comply with or honor any express requirement of these regulations 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 county may deny, refuse to grant, or revoke a preliminary or final development order;

2.

The county may, if a health or safety problem exists, discontinue any county utility or service;

3.

The county may refuse further process of any permit or certificate of occupancy in connection with a development order; or

4.

The county may seek to enforce legal and equitable remedies.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 5; Ord. No. 14-15-07, § 1; Ord. No. 16-17-17, §§ 15, 16; Ord. No. 19-20-09, § 4)

The following requirements apply to all preliminary site plans, final site plans, preliminary plats, and improvement plans. Instructions for preparing final plats are contained in F.S. ch. 177, and in this section.

A.

Format:

1.

Sheet size:

a.

For preliminary site plans, final site plans, preliminary plats, and improvement plans: 24 inches by 36 inches with a minimum of one-half-inch margins, except the left binding side shall have a two-inch margin or one-half-inch clear space between binding material and edge on plans.

b.

For final plats: 24 inches by 36 inches with a minimum of one-half-inch margins, except the left binding side shall have a three-inch margin.

2.

Sheet number: Sheet number and the total number of sheets shall be clearly indicated on each sheet.

3.

Sheet material: Blueline or blackline copies.

4.

Scale: No smaller than one inch equals 50 feet unless a different scale is approved in advance by the county engineer.

5.

Orientation: North arrow.

6.

Font size: No letter or number shall be less than one-tenth of an inch in height and shall be bold enough to remain clearly legible after reduction.

B.

Cover (or front) sheet.

1.

Development (project) name and address;

2.

Date of preparation;

3.

Name, address, and telephone number of the owner(s) and/or developer of the property; where a corporation or company is the owner, the name and address of the president and secretary of the corporation shall be shown; and

4.

Name, address, and telephone number of the consultant(s) (surveyor, engineer, architect, landscape architect, etc.) responsible for preparation of the drawing(s).

C.

Project description (cover or front sheet).

1.

Written:

a.

Metes and bounds description;

b.

Legal description from deed of record if different from metes and bounds;

c.

STRAP description (reference to section, township and range, including subdivision name, block numbers and lot or parcel numbers, if applicable);

d.

Area of project in square feet and acres;

e.

Existing use of the land within the project boundaries;

f.

Existing zoning according to the Highlands County Zoning Atlas;

g.

Permitted land use according to the Highlands County Comprehensive Plan's Future Land Use Map;

h.

List of state and federal permits required for development of the project (secured during development review conference or from the development services director and county engineer); and

i.

Legend explaining symbols, abbreviations or other notes.

2.

Graphic:

a.

Property boundaries with line dimensions, bearings and curve data;

b.

Existing easements and rights-of-way (widths, dimensions, curve data, type, etc.);

c.

Land rendered unusable for development purposes by reason of deed restrictions or other legally enforceable limitations;

d.

Location map (placed on the top or cover sheet 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);

e.

Existing land use and zoning classification districts of all abutting properties; and

f.

Deeds or easements submitted for any stormwater facility creating discharge/outfall outside property boundary.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, §§ 6, 7)

Purpose and intent: The site plan review process described in this section is intended to ensure that site development and redevelopment for commercial building structures in unincorporated Highlands County is carried out in accordance with the latest ordinances and revisions of the Highlands County Comprehensive Plan and the Highlands County Land Development Regulations. To achieve this purpose, a process comparable to subdivision plat review is provided which allows adequate technical review appropriate to the size and complexity of the proposed development. The following types of development orders and development permits described in this article will be issued for commercial building structures:

A.

Upon approval or conditional approval of the preliminary site plan, a preliminary development order, which will authorize the submittal of the final site plan, will be issued by the county engineer; and

B.

Upon approval of the final site plan, a final development order, which approves the project and authorizes the various county agencies and departments to issue development permits required for the construction and completion of the project in compliance with the terms of the final development order, will be issued by the county engineer. This will include, but not be limited to, permits such as building, and driveway.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 8)

The preliminary site plan review provides an initial review of a proposed development prior to preparation of a final site plan.

A.

Unless expressly exempted elsewhere by these regulations a preliminary site plan is required for all multifamily residential developments of three or more units in each building structure.

B.

A preliminary site plan is required for all nonresidential developments that are not part of an approved planned development or a DRI unless expressly exempted elsewhere by these regulations. All nonresidential developments that are part of an approved planned development or DRI need not obtain preliminary site plan approval but must apply for final site plan approval.

(Ord. No. 05-06-30, § 7)

The submittal requirements for preliminary site plans are listed in this article.

A.

Nine copies of plans shall be submitted. Plans shall be prepared by a registered architect, landscape architect, or registered engineer licensed in the State of Florida, each certifying to his or her field of expertise.

B.

Front or cover sheet (see section 12.04.102.)

C.

The information noted below shall be placed on the plan to verify compliance with all applicable parts of these regulations. If any parts are found not applicable to the proposed development, a justification shall be included. The information shall include, as applicable:

1.

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

2.

Central potable water and central wastewater type; where water supply is from a wellhead, a note shall be added noting the wellhead supplies or does not supply a public potable water system as defined in Chapter 62-550, F.A.C.;

3.

The approximate location and intensity or density of the proposed development, and the maximum allowable density or intensity allowed under these regulations;

4.

A statement verifying concurrency clearance as required by these regulations;

5.

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

6.

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

7.

All existing and proposed physical improvements including, but not limited to: buildings, off-street parking areas, pavement, utilities, on-site recreation, walls, poles, towers, signs, and the distances of all these improvements from the boundaries of the property;

8.

A general parking access and circulation plan in compliance with this article;

9.

Location of all water courses, water bodies, floodplains, xeric uplands, wetlands, cutthroatgrass seeps, historical and archaeological resources, cones of influence for potable wells, aquifer recharge areas, soil types, and vegetative cover in compliance with this article;

10.

Existing and proposed stormwater management systems on site and proposed linkage, if any, with existing or planned public stormwater management systems in compliance with this article;

11.

Proposed location of central potable water and central wastewater facilities, including fire hydrants, to serve the proposed development, including required improvements or extensions of existing off-site facilities;

12.

Maximum height(s) of building(s), building separation, and proposed setbacks in compliance with these regulations;

13.

Minimum flood elevation(s) of building(s) within any 100-year floodplain;

14.

Proposed buffers and landscaping areas delineated and in compliance with this article;

15.

Location of all wellheads supplying public potable water systems as defined in Chapter 62-550, F.A.C. and regulated by F.D.E.P. within 600 feet of property line; and

16.

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

D.

Preliminary site plan time limit. Failure to receive a final development order for the final site plan within one year of the approval date of a preliminary site plan shall constitute cancellation of the preliminary site plan and preliminary development order. An extension of time may be granted by the county engineer where, because of state or federal permitting requirements or other justifiable reasons, the applicant is unable to meet the time frame allowed. A written request must be submitted a minimum of 30 calendar days prior to the one year expiration date of the preliminary site plan and must include documentation to substantiate the request for an extension.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, §§ 9, 10; Ord. No. 16-17-17, §§ 17, 18)

The purpose of the final site plan is to provide for review of the proposed development at a level of detail showing specific arrangement of building 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 requirements of these regulations. This review is designed to verify compliance with specified land use regulations, development standards, and other standards and requirements of these regulations.

A.

A final site plan shall be required for every commercial building structure unless specifically exempted by these regulations. Single-family, duplex, and manufactured home structures and developments requiring the recording of final plats are not included.

B.

Every nonresidential development that is part of an approved planned development or 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 conceptual development plan or the approved final development order according to state law. In the case of a DRI the application for development approval (ADA) pursuant to F.S. ch. 380, meets the preliminary site plan requirements. Both subdivision plats and final site plans may be required depending upon the nature of the development.

(Ord. No. 05-06-30, § 7)

The county engineer shall transmit one copy of the final site plan to the fire marshal and the environmental health director, who shall have 15 working days to complete their review and notify the county engineer, in writing, of their findings. The technical review meeting shall be held within ten working days of the completion of staff's review.

Within five days after the technical review meeting, or at the end of 25 working days after receipt of the final site plan submittal if the technical review meeting is omitted, the county engineer, the county fire marshal, and the environmental health director, will either approve or disapprove the final site plan, and notify the applicant, in writing, of the county's determination. A copy of the final site plan will be returned to the applicant, either approved or disapproved, along with a copy of the fire marshal's and the environmental health director's comments, the conditions of approval, and any comments that the county engineer might have. Approval requires a finding of compliance with applicable regulations by the county engineer, the fire marshal, and the environmental health director.

A.

If disapproved: The final site plan must be revised and resubmitted as required by notes on the final site plan itself, by the fire marshal's and the environmental health director's comments, by the conditions of approval, by the county engineer's transmittal letter, and by the checklist which shall accompany the plan. Any resubmitted plans must have all revisions contained within a revision cloud and the revisions must be described in a dated revision block on the plans.

B.

If approved: One copy of the approved final site plan, along with a final development order, will be returned to the applicant. This final development order will enable the applicant to proceed with obtaining a building permit.

C.

The final site plan submission requirements are listed below:

1.

Five copies of the plan shall be submitted. These drawings shall be prepared by a registered architect, landscape architect, or registered engineer licensed in the State of Florida, each certifying to his or her field of expertise as defined in Chapters 61G1, 61G10 and 61G15, Florida Administrative Code and Chapters 471 and 481, Parts I and II, Florida Statutes. The following shall be submitted along with the final site plan drawings:

a.

Proof of permit issuance, exemption, or approval by the appropriate water management district (SFWMD or SWFWMD) and, when applicable, by the Florida Department of Transportation (FDOT).

b.

Proof of permit application, when applicable, to Florida Department of Environmental Protection (FDEP), Army Corps of Engineers, and the environmental health director.

2.

Front or cover sheet (see section 12.04.102 of this division).

3.

The information noted below shall be placed on the plan to verify compliance with all applicable parts of these regulations. This will include any amendments to the preliminary site plan. If any parts are found not applicable to the proposed development, a justification shall be included. The information shall include, as applicable:

a.

Total site area and percentage of total site area to be covered by an impervious surface;

b.

Type of central potable water supply;

c.

Type of central wastewater system;

d.

A benchmark referenced to the 1988 North American Vertical Datum (NAVD 88), or other datum acceptable to the county engineer;

e.

Provisions to be made for adequate control of erosion, sedimentation, dust, and debris during all phases of clearing, grading, and construction;

f.

All existing and proposed physical improvements including, but not limited to: Buildings, off-street parking areas, pavement, utilities, on-site recreation, walls, poles, towers, signs, and the distances of all these improvements from the boundaries of the property;

g.

The street names of all abutting rights-of-way;

h.

Centerline, edge of pavement or traveled way for unpaved roads, and centerline of side swales or ditches for all abutting streets and roads;

i.

The location of all water courses, water bodies, floodplains, xeric uplands, wetlands, cutthroatgrass seeps, historical and archaeological resources, cones of influence for potable wells, aquifer recharge areas, soil types, and vegetative cover; provisions for protection of such resources, pursuant to this article, shall be indicated;

j.

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

k.

Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent structures;

l.

Locations of all proposed permanent signs and exterior lights; sign face area shall also be provided;

m.

Locations of the nearest existing and all proposed fire hydrants;

n.

The location and size of any proposed central wastewater and water main construction, including the locations of proposed connections to existing facilities;

o.

Trash collection container enclosures shall be required for all commercial developments with the following specifications:

(1)

The enclosure shall be constructed of similar materials to the principal structure, and perimeter landscaping shall screen the enclosure.

(2)

Placement of the enclosure shall be planned and constructed in a manner that allows unobstructed access to each dumpster.

(3)

The enclosure shall not be located in such a manner that the service vehicle will block any intersection.

(4)

The size of the enclosure shall be designed to accommodate the collection container. The interior enclosure dimensions shall be a minimum of eight feet in height and 12 feet in both width and depth, with a minimum access opening width of 12 feet. Collection containers shall be sized to accommodate at least four days of daily waste as specified within the approved concurrency capacity letter from Solid Waste. Materials stored in said areas shall not protrude above or outside of the enclosure.

(5)

All enclosures shall have service access gates that meet the following:

(a)

Constructed with a sturdy frame and hinges.

(b)

Have hinge assemblies that are strong and durable so gates function properly and do not sag.

(c)

Opaque, non-see through material.

(d)

Be attached to a post and not connected to the enclosure.

(e)

Gates that swing out from the dumpster shall be set back from the property line at least the distance equal to the width of the gate.

(f)

Be closed except for the time necessary to service the collection container.

(g)

Have stops and latches that are functional in the full and open positions.

(6)

It is encouraged, but not required, that enclosures, which service multi-family properties, have a separate pedestrian gate for ease of access to the enclosure.

(7)

Enclosures shall be placed on six inches of reinforced concrete that extends a minimum often or more feet in length and twelve feet in width in front of the trash collection container to accommodate the steering movements of the collection vehicle. Refer to section 12.10.205.F.1 for additional specifications.

p.

The total number of proposed parking spaces, spaces reserved for handicapped parking, loading areas, wheel stops, signage, striping, 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 labeled;

q.

Cross sections and specifications for all proposed pavement, retention ponds, swales, driveways, etc.;

r.

Proposed landscaping, including a plant legend, and the locations and names of any existing trees to remain depicted on separate sheets labeled "landscaping plan(s)";

s.

Complete irrigation system details depicted on separate sheets labeled "irrigation plan(s)";

t.

Statement that all underground utilities within the roadway are to be installed prior to placement of base;

u.

Statement that lots have a buildable area;

v.

Statement that all construction and planting in the non-access buffer easement are to be a part of the initial improvement; and

w.

Deeds or easements submitted for any stormwater facility creating discharge/outfall outside property boundary.

4.

A complete drainage, grading, and water retention plan, referenced to the 1988 North American Vertical Datum (NAVD 88), or other datum acceptable to the county engineer, with supporting calculations indicating existing and proposed runoff shall be included. The stormwater calculations should be on eight and one-half-inch by 11-inch sheets.

5.

The following certifications shall be placed on the plan, as applicable:

a.

I hereby certify that the design for this project is in substantial conformance with the standards established by the most current edition of the "Manual of Uniform Standards for Design, Construction and Maintenance of Streets and Highways", as required by F.S. § 336.045.

b.

I hereby certify that the details of the handicap accessibility plan shown hereon are to the best of my knowledge and belief in full and complete compliance with the "State of Florida Department of Community Affairs Handicap Accessibility Rule."

c.

I hereby certify that the landscaping plan shown hereon is in compliance with the landscaping requirements of the Highlands County Land Development Regulations.

d.

I hereby certify that the irrigation plan shown hereon is in compliance with the irrigation requirements of the Highlands County Land Development Regulations.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 11; Ord. No. 16-17-17, § 19; Ord. No. 21-22-28, § 2)

Final development orders for final site plans shall remain in force for two years. If no development (actual construction) has commenced within two years, the final development order shall expire. A one-year extension may be granted for good cause shown upon written application submitted to the county engineer prior to expiration date of the final development order. When extending the final development order, the county engineer shall require the final site plan to be modified to bring the plan into compliance with any new provision of these regulations in effect at the time of the extension request.

A.

When connecting to a county road, a permit application for construction within the public right-of-way shall be submitted with the final site plan.

B.

When central potable water or central wastewater lines are to be placed within the public right-of-way, an application for a utility permit shall be submitted with the final site plan, including the current permit fee as established by the BCC.

C.

The final site plan must contain a certification that "this development is (or is not) within the 100-year floodplain."

D.

If development is within a flood hazard area, a copy of an elevation certificate prepared by a registered engineer or professional land surveyor shall be submitted with the final site plan.

(Ord. No. 05-06-30, § 7; Ord. No. 16-17-17, § 20)

When improvements for commercial building structures are complete, the project engineer and landscape architect shall advise the county engineer in writing requesting an inspection of the site improvements. The request shall be accompanied by a signed and sealed certificate of project completion from the project engineer and landscape architect, one copy of all test results performed by a certified testing laboratory, and two signed and sealed copies of "as built" plans, also by the project engineer and landscape architect. Upon verification of the site improvements completion, the county engineer shall issue a certificate of compliance within five working days and send a copy to the building department and the division of fire services. This certificate is required before the building department and the division of fire services can make final inspections in preparation for the issuance of a certificate of occupancy.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 12)

This article regulates the division and platting of land within unincorporated Highlands County's jurisdiction in order to assure harmonious, orderly, and progressive development of the land. Subdivision is here defined to mean the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

A.

This article applies to any division of land, conveyed by recorded instrument, except as found in section 12.04.205 exemptions criteria; and sets forth the procedures for dividing land, subdividing land, re-subdividing land, re-platting interior parcels of previously platted land, reviewing and approving subdivision plats, and the minimum standards for public and private infrastructure and subdivision design. This includes, but is not limited to, divisions of land into three or more parcels, residential subdivisions, commercial and industrial subdivisions, minor subdivisions, manufactured home subdivisions, manufactured unit parks, seasonal parks, planned unit developments, and cluster/PUD developments. These requirements, together with the standards and criteria of these regulations, and including engineering design standards and specifications in article 12 of this chapter, are intended to ensure that all lands included within subdivisions will be suitable for the various purposes proposed. Regulation of land development is intended to protect and promote the health, safety, and general welfare of the citizens of Highlands County.

B.

Regulations of this article provide for proper legal description, identification, monumentation, and recording of real estate boundaries; for safe, convenient, and efficient circulation of vehicular and pedestrian traffic; provision of suitable drained and readily accessible building sites; provision of necessary public improvements and services; and for conservation and protection of the physical, natural and economic resources of the county.

C.

The purpose of regulating the division of land is also to ensure compliance with procedural and substantive requirements of the comprehensive plan, these regulations, and the requirements of F.S. ch. 177.

D.

The following types of development orders and development permits will be issued for land subdivisions:

1.

Upon approval of the preliminary plat, a preliminary development order will be issued by the county engineer authorizing the submittal of the improvement plan;

2.

Upon approval of the improvement plan, a final development order will be issued by the county engineer authorizing the submittal of the final plat; this final development order will also authorize the issuing of the necessary development permits for construction of the project; and

3.

Upon approval of the final plat, receipt in the county engineer's office of all required documents, approval by the board attorney, and final plat recording approval by the BCC, a final development order will be issued.

E.

Ten to 50 acre parcel subdivision. Subdivision of land after February 21, 2012, creating lots or parcels ten acres or larger in size that is exempt from the development order requirement to record a plat shall be subject to the following requirements:

1.

When the subdivision of land creates one or more parcels 50 acres or less in area, the seller, grantor or developer shall first provide public right-of-way for roads, drainage, and utilities to the outlying perimeter of each parcel created by that division of land, connecting with the closest public county right-of-way. All right-of-way provided by the seller, grantor or developer pursuant to this paragraph shall be in full and complete compliance with county specifications; provided, however, nothing herein contained shall require the seller, grantor or developer to enter into and beyond the perimeter boundary of the parcels created for the purposes of dedicating public right-of-way for roads, drainage, and utilities.

2.

In the event any of those parcels shall subsequently be subdivided for the purpose of development, re-sale, rental, or any other purpose, the seller, grantor or developer shall at that time provide the county with public right-of-way for roads, drainage, and utilities to the outlying perimeter of each parcel created by that division of land, connecting with the closest public county right-of-way. All right-of-way provided by a seller, grantor or developer pursuant to this paragraph shall be in full and complete compliance with county specifications; provided, however, nothing herein contained shall require the seller, grantor or developer to enter into and beyond the perimeter boundary of the parcels created for the purposes of dedicating public right-of-way for roads, drainage, and utilities.

3.

The seller, grantor or developer providing public right-of-way pursuant to this subsection shall submit an improvement plan pursuant to section 12.04.110.D. and an improvement agreement pursuant to 12.04.113.D., shall comply with the requirements of sections 12.04.113.E. and 12.04.113.F., and shall construct and dedicate for public use, roads, drainage, and utilities in full compliance with these regulations and those contained in the Highlands County Technical Standards Manual, current edition. The roads shall, at a minimum, be constructed according to the illustration of a Typical Section 2-Lane Local Road Rural Unpaved with Swales.

4.

The seller, grantor or developer providing right-of-way pursuant to this subsection shall also create a legal entity (property owner's association, condominium association, co-op, or similar entity) to be responsible for maintenance of that right-of-way and the roads and drainage constructed in that right-of-way. Covenants running with the land obligating the owners of the lots or parcels created by the subdivision of land to pay assessments, as members, to the legal entity for the maintenance of the public right-of-way, roads, and drainage shall be recorded by the seller, grantor or developer. No building permits or final development order shall be issued until documents establishing that legal entity and its obligation to maintain the public right-of-way, roads, and drainage have been reviewed and approved by the board attorney and all other requirements of this subsection have been met. If the legal entity fails to maintain the public right-of-way, roads, and drainage, the county may establish a non-ad valorem assessment district for that purpose.

5.

Upon approval of the improvement plan, a final development order will be issued by the county engineer. That final development order will also authorize the issuance of the necessary permits to construct the improvements required by this subsection.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 13; Ord. No. 13-14-02, § 4)

A preliminary plat provides for a complete review of technical data and preliminary engineering drawings for proposed subdivisions, and an approved preliminary plat is a prerequisite to improvement plan review. The preliminary plat is a graphic representation of the proposed development and its individual lots, and is intended to represent a boundary survey of the proposed subdivision.

A.

Nine copies of the preliminary plat shall be submitted. Each sheet submitted shall bear the original signature and seal of a Florida professional land surveyor or a registered professional engineer.

B.

The preliminary plat submittal shall include the following:

1.

Front, or cover sheet showing the subdivision name preceded by the words "Preliminary Plat of";

2.

Notes supplying the development specifications of the tract shall be placed on the plat, as applicable:

a.

Area of the tract;

b.

Proposed number of lots;

c.

Amount of area devoted to all existing and proposed land uses including open space, residential, and commercial as well as the location thereof;

d.

The minimum lot area to be provided;

e.

The proposed type of central potable water supply and central wastewater disposal system; and

f.

The proposed tie-in points to an existing central potable water supply and central wastewater disposal system or an explanation of alternative systems to be used.

3.

Graphic information listed below shall be shown on the plat, as applicable:

a.

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, etc.;

b.

Location of all conservation areas or easements including restrictions, notes, etc.;

c.

All existing and proposed property and lot lines;

d.

The approximate location of any underground or overhead utilities, culverts, and drains on the property and within 100 feet of the proposed plat boundary;

e.

Existing drainage facilities proposed for use;

f.

Right-of-way of roads connecting the development to the nearest county, state or city maintained paved road where development does not have frontage on such road;

g.

Location and widths of existing and proposed easements, building lines, alleys, parks, other public spaces, and similar facts regarding adjacent property;

h.

Locations of all existing and proposed fire hydrants;

i.

The boundaries of proposed utility easements; such easements shall provide satisfactory access to existing public right-of-way or other public open spaces for maintenance or other activities by utility companies or agencies;

j.

The 100-year flood elevation, minimum required habitable floor elevations, and limits of the 100-year floodplain for all parts of the proposed development;

k.

Existing surface water bodies, wetlands, streams, and canals within the proposed development including:

(1)

Seasonal high water elevation and boundary for each; and

(2)

Attendant drainage areas for each;

l.

The "limit of plat" shall be shown on all boundary lines of the property; and

m.

Statement "There are no existing buildings, culverts, easements, boundaries of incorporated areas, lakes, streets, water courses or water mains except as shown or noted. All lots meet the minimum square footage and road frontage allowed by the current zoning classification."

C.

Preliminary plat time limits.

1.

Improvement plan required. Where an improvement plan is required, failure to receive an improvement plan final development order within two years of the approval date of a preliminary plat shall constitute cancellation of the preliminary plat and preliminary development order. An extension of time may be granted by the county engineer where, because of state or federal permitting requirements or other justifiable reasons, the applicant is unable to meet the time frame allowed. A written request must be submitted prior to the expiration date of the preliminary plat and preliminary development order and must include documentation to substantiate the request for an extension.

2.

Improvement plan not required. Where an improvement plan is not required by virtue of an exemption or exception authorized by these regulations, a final plat shall be recorded within one year of issuance of the preliminary plat and preliminary development order. Failure to record such final plat in a timely manner will constitute cancellation of the preliminary plat and preliminary development order.

D.

Improvement plan. A plan of proposed improvements shall be submitted following approval of the preliminary plat. It is the intent that the improvement plan, reflect compliance with standards and procedures for installation and maintenance of required improvements so that services and facilities are provided in such a manner as to insure the health and safety of the public and to sustain the existing quality of life. These requirements are intended to provide that all improvements are installed in a timely and efficient manner and that, where improvements will be retained in private ownership, the improvements will be maintained permanently in accordance with the requirements of these regulations. An approved improvement plan and final development order is a prerequisite to final plat review.

1.

Action upon receipt of improvement plan. At the end of 25 working days after receipt of the improvement plan submittal, the county engineer will either approve or disapprove the improvement plan, and notify the applicant, in writing, of the determination. A copy of the improvement plan will be returned to the applicant, either approved or disapproved along with any comments that the county engineer might have.

a.

If disapproved, the improvement plan must be revised and resubmitted as required by notes on the improvement plan itself, by the county engineer's transmittal letter, and by the checklist which shall accompany the plan. Any resubmitted plans must have all revisions contained within a revision cloud and the revisions must be described in a dated revision block on the plans.

b.

If approved, one copy of the approved improvement plan along with a final development order will be returned to the applicant. This final development order will authorize construction of the improvements and submittal of a final plat for review.

2.

Four copies of the improvement plan shall be submitted.

3.

The improvement plan shall be prepared as follows:

a.

All elevations shall be referenced to the 1988 North American Vertical Datum (NAVD 88), or other datum acceptable to the county engineer;

b.

Each sheet of the improvement plan shall bear the original signature, date and seal of a Florida professional surveyor and mapper; in accordance with F.S. ch. 472; or registered professional engineer, each certifying to his or her field of expertise, and shall also show the development name and the drawing scale;

c.

Details shall be shown in plan, profile or section; pictorial or isometric presentations shall not be used; and

d.

Proposed streets that provide access to a county, state or city maintained road shall satisfy applicable county public road standards.

4.

The improvement plan submittal shall include the following information, or a note as to why the information is not applicable:

a.

Front or cover sheet containing information described in this section, and also showing the date of approval of the preliminary plat;

b.

A drainage map showing the complete drainage system including, but not limited to: closed drainage areas, design high water, acreage, the effect on and compatibility with drainage or surface waters, the effect on adjacent lands and existing outfall systems, a benchmark referenced to the 1988 North American Vertical Datum (NAVD 88), or other datum acceptable to the county engineer, and the complete calculations used to design the system; the calculations shall be on eight and one-half-inch by 11-inch sheets; all other information shall be shown on a master drainage plan at a scale not smaller than one inch equals 100 feet unless a different scale is approved in advance by the county engineer; it is the specific intent of this requirement that rights-of-way for all drainage improvements for both on-site and off-site improvements shall be provided including, but not limited to: retention ponds, ditches, culverts, channels, and the like required for drainage of the site;

c.

Soils map and soil infiltration test location and results of test borings of subsurface conditions (at least one per drainage retention/detention area) of the tract to be developed (a report and map prepared by a soil scientist with the local soil conservation service will be accepted in lieu of laboratory tests if approved in advance by the county engineer);

d.

Proof of permit issuance, exemption, or approval by the appropriate water management district (SFWMD or SWFWMD) and, when applicable, by the Florida Department of Transportation (FDOT);

e.

Proof of permit application, when applicable, to Florida Department of Environmental Protection (FDEP), Army Corps of Engineers (ACOE), and the environmental health director (HRS);

f.

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;

g.

Central potable water distribution (including fire hydrants) and central wastewater collection plans and proposed profiles where applicable;

h.

Typical and special roadway and drainage sections and summary of quantities to include a driveway apron and culvert schedule with typical sections;

i.

Construction details showing compliance with construction standards specified in;

j.

Profile sheets showing special or unique situations such as intersections or waterways;

k.

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

l.

Approval by the appropriate utility authority when street lighting is proposed;

m.

Landscaping and irrigation plans in compliance with this article;

n.

Written specifications meeting or exceeding all applicable design minimum standards of these regulations; and

o.

Where construction improvements are not proposed to be completed prior to recording of a final plat, details of an improvement agreement pursuant to the provisions of these regulations, complete with a Florida Professional Engineer's signed, dated and sealed cost estimate of all central potable water, central wastewater, drainage, and road construction improvements; the actual executed agreement is not required at this time, but must be submitted prior to submission of the final plat for recording approval.

p.

Existing utilities shall be shown.

5.

The following certifications shall be placed on the improvement plan, as applicable:

a.

I hereby certify that the design for this project is in substantial conformance with the standards established by the most current edition of the "Manual of Uniform Standards for Design, Construction and Maintenance of Streets and Highways", as required by F.S. § 336.045.

b.

I hereby certify that the landscaping plan shown hereon is in compliance with the landscaping requirements of the Highlands County Land Development Regulations.

c.

I hereby certify that the irrigation plan shown hereon is in compliance with the irrigation requirements of the Highlands County Land Development Regulations.

6.

The improvement plan must contain a certification that "this development is (or is not) within the 100-year floodplain."

7.

Improvement plan time limits. Where an improvement plan is required, a final plat shall be recorded within two years following issuance of the improvement plan final development order. Failure to record such plat in a timely manner shall constitute cancellation of both the improvement plan final development order and the preliminary plat preliminary development order. A one-year extension may be granted for good cause shown upon written application submitted to the county engineer prior to expiration date of the final development order. When extending the final development order, the county engineer may require the improvement plan to be modified to bring the plan into compliance with any new provision of these regulations in effect at the time of the extension request.

(Ord. No. 05-06-30, § 7; Ord. No. 06-07-4, § 4; Ord. No. 11-12-04, §§ 14, 15; Ord. No. 14-15-07, §§ 2, 3; Ord. No. 16-17-17, §§ 21, 22)

A final plat is a drawing of the final design of a site or portion of the site showing the boundaries and locations of all lots and provides a perpetual record of the development. The final plat shall conform to the approved preliminary plat in all respects except that minor variation in dimensions and alignment resulting from more precise final computations may be accepted.

A.

Nine copies of the final plat and all required documents and materials, as required by this section, shall be submitted to the county engineer along with the review fee.

B.

Action upon receipt of final plat. County staff will take the following action upon receipt of the final plat.

C.

The county engineer shall transmit one copy of the final plat together with required documents and materials to county staff, as listed in these regulations. Each staff member shall have 15 working days to complete his or her review of the plat and notify the county engineer, in writing, of his or her findings. The technical review meeting shall be held within ten working days of the completion of staff's review.

1.

Within five working days after the technical review meeting, or at the end of 25 working days if the technical review meeting is omitted, the county engineer, will either approve or disapprove the final plat, and notify the applicant, in writing, of the determination. A copy of the final plat will be returned to the applicant; either approved or disapproved, along with copies of each staff member's comments.

2.

If disapproved, the final plat must be revised and resubmitted as required by notes on the final plat itself, by staff's comments, by comments in the transmittal letter, by the conditions of approval, and by the checklist which shall accompany the plat. Any resubmitted plans must have all revisions contained within a revision cloud and the revisions must be described in a dated comment box on the plans.

3.

If approved, one copy will be returned to the applicant along with detailed instructions for making application for final plat recording. The application in the Highlands County Technical Standards Manual, current edition must be used.

4.

Application for plat recording. Upon receipt of the approved final plat an applicant should file an application for plat recording with the county engineer along with all supporting documents for presentation to the BCC. The following documents with original signatures must be submitted as part of the application:

a.

Plat certification;

b.

Health director approval letter;

c.

Zoning supervisor approval letter;

d.

County engineer approval letter;

e.

Planning supervisor approval letter;

f.

Development services director approval letter;

g.

Building official approval letter;

h.

Fire marshal approval letter;

i.

Recording fee made payable to the clerk;

j.

One of the following concerning improvements:

(1)

Letter from county engineer stating that no improvements are required;

(2)

Letter from county engineer stating that the required improvements have been completed; or

(3)

Cost estimate prepared and certified by the developer's engineer together with any required bonds (performance and/or maintenance when applicable) previously approved by the county engineer and board attorney;

k.

Copies of ownership and maintenance responsibility documents where private roads will serve lots or units offered for sale;

l.

Original executed documents dedicating offsite easements and road right-of-ways where such easements and rights-of-way are required;

m.

The original final plat drawing meeting the requirements of these regulations;

n.

An 11 inches x 17 inches reduced original of the plat for inclusion with documents presented to the board; and

o.

A digital form of the plat in ".dwg" format must be submitted on compact disc, as required by the county engineer.

5.

Upon review and approval by the board attorney of the recording information as to form and legal sufficiency, the county engineer shall submit the final plat to the BCC for recording approval. The final development order will be issued upon approval of the final plat recording.

6.

The final plat shall comply with all requirements of F.S. ch. 177, pt. I, and shall be prepared as listed below:

a.

The final plat shall be drawn at a scale not smaller than one inch equals 100 feet unless a different scale is approved in advance by the county engineer; trim line sheet size shall be 24 inches by 36 inches with a one-half-inch margin provided on all sides except for the left binding side where a three-inch margin shall be provided.

b.

Drawing materials shall comply with requirements of F.S. ch. 177.

c.

Required acknowledgments and dedications, notifications, notes, and declarations shall be on the first sheet and extended to following sheets if necessary; each signature shall be witnessed by two witnesses.

7.

Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication on the plat; all areas reserved for use by residents of the subdivision shall be so dedicated and all areas reserved for public use, such as parks, rights-of-way for roads, streets, or alleys, easements for utilities, rights-of-way for drainage purposes, and any other public area, shall be dedicated by the owner of the land at the time the final plat is recorded; all streets shall be named; dimensions and purpose of the easements shall be indicated.

8.

Mortgage holder's consent and approval. The mortgage holder's consent and approval of dedication shall be required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgage holder(s) must be witnessed by two witnesses and acknowledged.

9.

Certification of the surveyor. The final plat shall be prepared under responsible direction and supervision of a professional surveyor, licensed in the State of Florida, who shall certify on the plat that the plat is a true and correct representation of the lands surveyed and that the survey complies with the Department of Agriculture and Consumer Services, Board of Professional Land Surveyor's and Mapper's Minimum Technical Standards for land surveying as defined in Chapter 5J-17, Florida Administrative Code, F.S. ch. 177, and these regulations. The certification shall bear the signature, registration number, and official seal of the land surveyor. The certification shall also state that permanent reference monuments (PRMs) have been set and that the Permanent Control Points (PCPs) have been set or will be set in accordance with F.S. ch. 177.

10.

Signature blocks for officials. Signature blocks with titles of the appropriate official shall be provided.

11.

Plat certification. A plat title certification dated to within 30 days of the recording date of the plat must be submitted. The certification form must be an attorney's opinion of title or a title company certificate acceptable to the board attorney.

12.

Private ownership statement. Private property that remains under one ownership (but is required to be platted) must have the following information placed on the first sheet of the final plat in letters no smaller than one-half-inch in height:

THIS IS NOT A SUBDIVISION
(PARCEL UNDER ONE OWNERSHIP)
Individual Lot Sales Prohibited

13.

Central potable water and central wastewater type. A statement designating the type of central potable water and central wastewater facilities (including the owners' names) that will serve the development shall be placed on the first sheet of the final plat.

14.

Additional restrictions statement. The statement, "Notice: There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county", shall be placed in a prominent place on the first sheet of every final plat.

15.

All lettering shall read from the bottom of the sheet or from the right side of the sheet.

16.

No letter or number shall be less than one-tenth of an inch in height and shall be bold enough to remain clearly legible after reduction.

17.

Each final plat shall show a metes and bounds description of the lands subdivided. The description must be so complete that from it, without reference to the plat, a starting point and boundary can be determined.

18.

The first sheet of a final plat shall contain a site location map inset to indicate the location of the project relative to surrounding area and including at least the nearest arterial or collector roadway.

19.

When more than two sheets must be used to accurately portray lands, the plat shall contain an index sheet showing the entire development as well as the sheet layout. In addition, each sheet must show the particular number of that sheet and the total number of sheets including clearly labeled match lines showing where other sheets match or adjoin.

D.

Additional information required to be included is listed below:

1.

Every subdivision or other development required to be platted shall be given a name by which it shall be legally known. Said name shall not be the same as any other name appearing on any recorded plat except when the proposed subdivision is subdivided as an additional unit or section by the same developer or his or her successor in title. Every subdivision's name shall have legible lettering of the same size and type including the words "section," "unit," "replat," "amended," and the like. The name of the subdivision, county, state, section, township, and range shall be indicated on every page.

2.

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

3.

All interior excluded parcels shall be clearly indicated and labeled "NOT PART OF THIS PLAT."

4.

All contiguous properties shall be identified by subdivision title, plat book, and page or if the land is unplatted, it shall be so designated. If the subdivision to be platted is a resubdivision of a part of the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. Abutting existing rights-of-way must be indicated to the center line.

5.

Restrictions pertaining to type and use of existing or proposed improvements, waterways, open spaces, odd-shaped and substandard parcels, building lines, buffer strips and walls, and other restrictions of similar nature shall require establishment of restrictive covenants which shall be submitted with the final plat for recording.

6.

Every conservation easement shall be shown, and all restrictions and special conditions shall be noted on the plat.

7.

Every on-site drainage easement and retention/detention area utilized in the stormwater system design shall be labeled "DRAINAGE EASEMENT."

8.

Where a development does not have frontage on a county, state or city maintained paved road, a right-of-way connecting the development to a county, state or city maintained paved road shall either be dedicated to the public on the plat or dedicated to the public by separate instrument and a road within that right-of-way shall be constructed to county public paved road standards as part of the required subdivision improvements.

9.

When an off-site easement or road right-of-way is to be utilized in the project design, a document dedicating the easement shall accompany the final plat for simultaneous recording.

10.

All streets and their facilities, in developments where individual lot sales may occur and designed to serve more than two platted lots or tracts, shall be dedicated to the public use and shall be constructed to county public road standards. In developments where individual lot sales may occur, private streets constructed to county public road standards, including right-of-way widths, shall be allowed provided a property owners' association, or a condominium or cooperative association as defined by Florida law accepts maintenance of the streets and associated drainage facilities. Ownership and maintenance responsibility documents shall be submitted with the final plat, and the dedication contained on the plat shall clearly indicate that maintenance responsibility for the roads and associated drainage facilities has been accepted by the association without recourse to Highlands County or any other public agency.

11.

All manmade lakes, ponds, and other manmade bodies of water excluding retention/detention areas shown on the final plat shall be made a part of adjacent private lot(s) as shown on the final plat. Ownership of these bodies of water shall not be dedicated to the public unless approved by Highlands County.

12.

At least two PRMs per plat shall be referenced to the Florida State Plane Coordinate System, the geodetic position of which has been rigidly adjusted on the most current North American Datum. The datum used shall be specified.

13.

Plats adjacent to meandered streams or lakes shall show the meander lines on the plats including bearings and distances.

14.

Lots bounded on any side by lakes or streams shall have a survey line along the ordinary high water line to allow the boundary survey closure to be checked.

E.

Minor subdivision. This section is provided for the purpose of defining and describing an exception to the requirements to provide an improvement plan. The procedures for minor subdivisions shall be followed for any division of residential land creating less than 11 lots not involving the construction or dedication of any new roadway, or reconstruction of existing roads. When land is divided into less than 11 lots in such a manner that all parcels resulting from said subdivision have frontage for access along an existing public road, maintained by Highlands County or the State of Florida, without passing over lands owned or controlled by others, and further provided the subdivision requires no new roads either public or private, including frontage roads, it is exempt from the improvement plan requirement and is called a minor subdivision.

In order to qualify for the exemption through this minor subdivision provision, the following shall be submitted:

1.

Application package in accordance with the general application requirements of this article; and

2.

A final plat meeting all the requirements of this article.

3.

If the property is adjoining a water body a jurisdictional line shall be established by the appropriate water management district or established and approved by the county engineer.

F.

Cemeteries. The division of land into cemetery lots or parcels shall be exempt from the requirements and procedures for preliminary subdivision plats and improvement plans; provided, however, nothing contained herein shall exempt such division of land into cemetery lots or parcels from the requirements and procedures for final subdivision plats nor, where required subdivision improvements are contemplated, from the requirements of this section pertaining to subdivision improvement agreements and the posting of subdivision performance security; such division of land into cemetery lots or parcels shall also be subject to and comply with the requirements and procedures for preliminary and final site development plans under this section and shall obtain site development plan approval for the entire property proposed for such division of land into cemetery lots or parcels.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, §§ 16—18; Ord. No. 14-15-07, § 4; Ord. No. 16-17-17, § 23)

A.

The provisions of this section apply to all proposed divisions of land and existing subdivisions within unincorporated lands in Highlands County, including private road subdivisions and any development where lots are offered for sale.

B.

This section also applies to dedicated public rights-of-way in existing platted subdivisions recorded prior to the adoption of these regulations where voluntary construction is contemplated.

C.

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

D.

Improvement agreement required.

1.

Approval of any final plat for proposed subdivisions or any improvement plan for existing platted subdivisions shall be subject to the applicant providing assurances that all required subdivision improvements including, but not limited to, storm drainage facilities, streets and highways, central potable water distribution and treatment systems, and sanitary central wastewater collection and treatment systems shall be satisfactorily constructed according to an improvement plan approved by the county engineer.

2.

An improvement agreement shall ensure that all subdivision improvements, whether required by these regulations or constructed at the applicant's option, shall be constructed in accordance with the standards and provisions of these regulations. The agreement shall contain the following:

a.

The term of the agreement which indicates that all required subdivision improvements shall be satisfactorily constructed within the period stipulated:

(1)

The maximum period of the agreement shall be 16 months; however, the agreement shall limit the construction period to 12 months; and

(2)

The agreement period shall begin with the recording of the final plat or approval of the improvement plan;

b.

The projected total cost for each improvement; cost for construction shall be determined by a signed and sealed estimate prepared and provided by the applicant's engineer;

c.

Specification of improvements to be made, together with a timetable for making improvements;

d.

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 county may utilize the security provided under the agreement to complete the improvements;

e.

Description of the amount and type of security provided to insure performance pursuant to the provisions of these regulations; and

f.

A provision that the agreement may be renewed at the discretion of the county engineer upon approval from the board attorney; the renewed agreement period shall begin at the end of the previous agreement's construction period; a written request for renewal containing updated information in accordance with subparagraphs a. through e. of this paragraph must be submitted prior to the expiration of the agreement's construction period.

3.

Standard improvement agreement forms approved by the BCC are available from the county engineer's office.

4.

The original agreement shall be maintained by the county clerk's office and monitored by the county engineer's office.

E.

Amount and type of security.

1.

The project engineer's cost estimate and the amount of the security listed in the improvement agreement shall be subject to approval by the county engineer.

2.

The security shall be in the amount of 110 percent of the estimated construction cost of the improvements and for a maximum period of 16 months.

3.

Security requirements may be met by, but are not limited to, the following:

a.

Cashier's check;

b.

Certified check;

c.

Interest bearing certificate of deposit;

d.

Irrevocable letter of credit; or

e.

Surety bond.

F.

Completion of improvements.

1.

When improvements for private facilities are completed:

a.

Final inspection shall be conducted pursuant to requirements of the approved plans and these regulations.

b.

Corrections, if any, shall be completed before final acceptance is recommended by the county engineer.

c.

Recommendation for final acceptance shall be made upon receipt of a signed and sealed certification of project completion, one copy of all test results, and two signed and sealed sets of "as built" plans submitted by the project engineer.

d.

Upon final acceptance by the county, the improvement agreement and security will be released.

2.

When subdivision improvements for public facilities have been completed:

a.

The developer or project engineer shall advise the county engineer in writing requesting an inspection for accepting the project for the development maintenance period.

b.

The request shall be accompanied by a signed and sealed certification of project completion from the project engineer, one copy of all test results, and one signed and sealed copy of "as built" plans.

c.

All corrections found necessary as a result of this inspection shall be corrected prior to acceptance.

d.

Upon the developer's completion of any required corrections and upon the county engineer finding the corrections completed, the developer shall be notified to submit a maintenance agreement and security.

e.

Upon receipt and acceptance by the county of a maintenance agreement and security as described in this paragraph, the improvement agreement and security will be released.

f.

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

(1)

The period of maintenance shall be the greater of either 12 months or until ten percent of the lots fronting on each road within the subdivision contain building structures.

(2)

The maintenance period shall begin when the construction of the improvements are accepted by the county engineer.

(3)

The security shall be in the amount of 20 percent of the construction cost of the improvements and for a minimum period of 16 months. Security requirements may be met by, but are not limited to, the following:

(a)

Cashier's check;

(b)

Certified check;

(c)

Interest bearing certificate of deposit;

(d)

Irrevocable letter of credit; or

(e)

Surety bond.

g.

The original agreement shall be maintained by the county clerk's office and monitored by the county engineer's office.

h.

Standard maintenance agreement forms approved by the BCC are available from the county engineer's office.

i.

Upon completion of the maintenance period, the developer or project engineer shall advise the county engineer in writing requesting final inspection for perpetual maintenance by the county.

j.

Final inspection shall be held by the county engineer, project engineer, and the developer (or their authorized representatives). Any corrections found necessary as a result of this inspection shall be made good immediately. Final acceptance shall not be recommended until all corrections have been made.

k.

In the event perpetual maintenance by the county is not requested, or satisfactory completion is not accepted by the county, prior to the expiration of the maintenance security the county may require renewal of the maintenance agreement and security for a period determined by the county.

l.

Roads in a subdivision will be tested on an individual basis for compliance with the requirements for acceptance for perpetual maintenance. Each road being considered, in addition to other requirements of this article must meet the final requirement of being contiguous to another county, state, or city maintained road. It follows that at least one entrance road to a subdivision must first meet the requirements before other roads can be considered.

G.

Maintenance by condominium, owners' association, or co-op.

1.

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

a.

When a 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.

b.

When no condominium is to be organized, an owners' association shall be created, and all common facilities and property shall be conveyed to that association.

c.

No final development order shall be issued for a development for which an owners' association is required until documents establishing such association have been reviewed and approved by the board attorney.

2.

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the public shall be created by covenants running with the land. Such covenants shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any roads or rights-of-way by sale or otherwise without first offering to dedicate the same to the county. Unless unit owners, other than the developer, have purchased more than 90 percent of the units that will ultimately have membership in the organization, those unit owners have become members of the organization and more than hold 90 percent of the voting interests in the organization, and those unit owners are entitled to and have, in fact, elected all members of the board of directors of the organization, that 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 county.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 19; Ord. No. 16-17-17, § 24)

The submittal requirements for master park plan approval are listed in this section. These requirements apply to both manufactured home parks and RV parks.

A.

Preliminary park plan. A preliminary park plan must be submitted to provide a complete review of technical data and preliminary engineering/surveyor drawings for the proposed park. An approved preliminary park plan is a prerequisite to receiving master park plan approval. The preliminary park plan shall be a graphic representation of the proposed development and its individual lots, is intended to represent a boundary survey of the proposed park, and shall comply with the requirements outlined in Section 12.04.111, preliminary plat, of this Code.

B.

Improvement plan. A plan of proposed improvements shall be submitted following approval of the preliminary park plan. It is the intent that the improvement plan reflect compliance with standards and procedures for installation and maintenance of required improvements so 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 provide that all improvements are installed in a timely and efficient manner and that, where improvements will be retained in private ownership, the improvements will be maintained permanently in accordance with the requirements of these regulations as outlined within Section 12.04.111.D, except that five copies of the improvement plan shall be submitted. An approved improvement plan and final development order are a prerequisite to master park plan review.

C.

Master park plan. A master park plan is a drawing of the final design of a site showing the boundaries and locations of all lots and provides a perpetual record of the development. The master park plan shall conform to the approved preliminary park plan in all respects except that minor variations in dimensions and alignments resulting from more precise final computations may be accepted.

1.

Nine copies of the master park plan and all required documents and materials, as required by this section, shall be submitted to the county engineer along with the review fee.

2.

The county engineer shall transmit one copy of the master park plan together with required documents and materials to county staff, as listed in these regulations. Each staff member shall have ten working days to complete his or her review of the park plan and notify the county engineer, in writing, of his or her findings. A technical review meeting shall be scheduled within ten working days of the completion of staff's review.

3.

Within five working days after the technical review meeting, or at the end of 25 working days, if the technical review meeting is omitted, the county engineer will either approve or disapprove the master park plan, and notify the applicant, in writing, of the determination. A copy of the master park plan will be returned to the applicant, either approved or disapproved, along with copies of each staff member's comments.

4.

If disapproved, the master park plan must be revised and resubmitted as required by notes on the plan itself, by staff comments, by comments in the transmittal letter, by the conditions of approval, and by the checklist which shall accompany the plan. Any resubmitted plans must have all revisions contained within a revision cloud and the revisions must be described in a dated comment box on the plans.

5.

If approved, one copy will be returned to the applicant, for the development to proceed to the building permit phase.

D.

The master park plan shall comply with all requirements listed below:

1.

Master park plan agrees with the approved preliminary park and improvement plan.

2.

Each sheet signed and sealed by a Florida registered engineer or a Florida professional surveyor and mapper.

3.

Sheet size 24" X 36" with ½" margins and left binding side with 3" margin.

4.

Scale: no smaller than 1"=100'.

5.

North arrow.

6.

Date of preparation.

7.

Owner's name, address.

8.

Consultant's name, address and telephone number on each sheet.

9.

STRAP number.

10.

A site location map inset on the first sheet to indicate the location of the project relative to surrounding area and including at least the nearest arterial or collector roadway.

11.

Index sheet showing the entire development as well as the sheet layout, if more than one sheet.

12.

Each sheet shows the particular number of that sheet and the total number of sheets including clearly labeled match lines showing where other sheets match or adjoin.

13.

Private ownership statement placed in a prominent place on every sheet. Private ownership statement: Private property that remains under one ownership, but is required to receive master park plan approval, must have the following information placed on the first sheet of the final plan in letters no smaller than one-half-inch in height:

THIS IS NOT A SUBDIVISION

(PARCEL UNDER ONE OWNERSHIP)

Individual Lot Sales Prohibited

14.

Name of park in bold legible letters in a prominent place, the county, state, section, township and range indicated on every sheet appearing immediately under the name.

15.

Park name not the same as any other name appearing on any recorded plat/plan.

16.

Legal description and recording instrument number (property boundaries with line dimensions, bearings and curve data).

17.

At least two exterior boundary corners referenced to the Florida State Plane Coordinate System.

18.

The horizontal and/or vertical datum specified.

19.

All section lines and quarter section lines occurring in or within the master park plan indicated by lines drawn upon the plan, with appropriate words and figures.

20.

If the description is by metes and bounds, all information called for, such as the point of commencement, course bearings, and distances, and the point of beginning.

21.

Legend explaining symbols, abbreviations, etc.

22.

Proposed number of lots.

23.

Minimum lot area in square feet provided.

24.

All lettering reads from the bottom of the sheet or from the right side of the sheet.

25.

Letters or numbers at least one-tenth of an inch in height and bold enough to remain clearly legible after reduction.

26.

Sufficient survey data to describe each lot, block, street, easement, etc.

27.

Lot lines with accurate dimensions.

28.

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

29.

"Limit of Plan" shown on all legs of boundary.

30.

Areas identified that are not a part of the plan, stating "Not Part of the Plan."

31.

All contiguous properties identified by subdivision title, plat/plan book, and page, or designated as unplatted.

32.

All abutting existing easements and rights-of-way indicated.

33.

Abutting existing rights-of-way indicated to the center line.

34.

Purpose of all areas clearly indicated or stated on the plan, together with names, locations and widths of all parks/recreational areas, streets, easements, and waterways as applicable.

35.

If no frontage on a county, state or city-maintained road, a right-of-way connecting to such road either shown and referenced by recorded instrument.

36.

Any and all restrictions. Every conservation easement shown, and all restrictions and special conditions noted on the plan.

37.

Every on-site drainage easement and retention/detention area utilized in the stormwater system design labeled "DRAINAGE EASEMENT."

38.

All manmade lakes, ponds, and other manmade bodies of water excluding retention/detention areas shown on the final plan.

39.

Meander lines including bearings and distances shown.

40.

Lots bounded on any side by lakes or streams have a survey line along the ordinary high-water line.

41.

Statement, "Notice: There may be additional restrictions that are not recorded on this plan that may be found in the public records of this county." placed in a prominent place on the first sheet.

42.

Statement designating the type of water and sewer facilities (including the owners' names) placed on the first sheet.

43.

All of the requirements of the submittal checklist shall be adhered to. If any of the items on the checklist are not applicable, a written explanation as to the reason why the item is not applicable shall be attached.

(Ord. No. 23-24-33, § 2)

Editor's note— Ord. No. 11-12-04, §§ 20—23, adopted February 21, 2012, repealed §§ 12.04.114—12.04.117, which pertained to improvement agreement required; amount and type of security; completion of improvements and maintenance by condominium, owners' association, or co-op respectively and derived from Ord. No. 05-06-30.

This section conveys to the county engineer the authority to grant land development regulation variances from the terms of the following provisions of this chapter: Divisions 1 and 2 of article 4, article 9, sections 12.10.100—12.10.213, article 11, division 1 of article 12, sections 12.12.203, 12.12.204, and 12.12.206, divisions 3, 4, and 5 of article 12, and article 14.

A.

Procedure. Any person desiring to undertake a development activity not in conformance with the standards and requirements of divisions 1 and 2 of article 4, article 9, sections 12.10.100—12.10.213, article 11, division 1 of article 12, sections 12.12.203, 12.12.204, and 12.12.206, divisions 3, 4, and 5 of article 12, and article 14 of this chapter may apply for a land development regulation variance in conjunction with an application for a final development order, or as an amendment to a final development order.

1.

Application shall be made on the official county form available from the county engineer's office and submitted to the county engineer.

2.

To be eligible for a land development regulation variance as provided by this section, a proposed development must comply with all other articles of these regulations. Such compliance shall be demonstrated by approval letters or letters of "no objection" from the development services director, building official, zoning supervisor, planning supervisor, fire marshal, and environmental health director which shall be requested by the county engineer upon receipt of the land development regulation variance application.

3.

A plan and/or plat revision may be necessary for any change granted under the terms of this section.

B.

Initial determination. Upon receipt of an official written land development regulation variance request, the county engineer shall first determine if the proposed variance arises because of the physical surroundings, shape, topographical conditions, or other physical, developmental, or environmental conditions that are unique to the specific property involved. If so the county engineer shall make the following required findings based on the granting of the land development regulation variance for that site alone. If however, the condition is common to numerous sites so that requests for similar land development regulation variances are likely to be received, the county engineer shall make the required findings based on the cumulative effect of granting the variance to all who may apply.

C.

Required findings. The county engineer shall not vary the requirements of any provisions of divisions 1 and 2 of article 4, article 9, sections 12.10.100—12.10.213, article 11, division 1 of article 12, sections 12.12.203, 12.12.204, and 12.12.206, divisions 3, 4, and 5 of article 12, and article 14 of this chapter unless he makes a positive finding based on substantial competent evidence on each of the following:

1.

Granting the variance will not result in noncompliance with the county's adopted comprehensive plan; this shall require the affirmative concurrence of the planning supervisor;

2.

A hardship exists that is the result of these regulations or the natural features of the land and not the fault of the applicant;

3.

The variance will not adversely affect the adjacent property; and

4.

Granting the variance will be in harmony with the general intent and purpose of these regulations, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

D.

Limitations.

1.

In granting any land development regulation variance, the county engineer may prescribe appropriate conditions and safeguards in conformity with the provisions of these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations.

2.

A land development regulation issued under this section shall expire concurrently with the expiration of the final development order which authorizes construction and/or plat recording.

3.

Under no circumstances, except as permitted above, shall the county engineer grant a variance to permit a use not generally permitted in the land use category or zoning district involved or any use expressly or by implication prohibited by the terms of these regulations in the land use category or zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same land use category or zoning district and no permitted use of lands, structures, or buildings in other land use categories or zoning districts shall be considered grounds for authorization of a variance.

E.

Records. The county engineer shall maintain a record of all land development regulation variances issued for divisions 1 and 2 of article 4, article 9, sections 12.10.100—12.10.213, article 11, division 1 of article 12, sections 12.12.203, 12.12.204, and 12.12.206, divisions 3, 4, and 5 of article 12, and article 14 of this chapter including justification for their issuance.

F.

Appeal of a denied land development regulation variance. When a variance request is denied by the county engineer, the developer may appeal the decision through the appeals process described in section 12.04.119.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 24)

A.

Administrative review. The BOA shall have the power and duty to hear and decide appeals by the applicant where it is alleged there is error in any order, requirement, decision, or determination made by the county in the enforcement of divisions 1 and 2 of article 4, article 9, sections 12.10.100—12.10.213, article 11, division 1 of article 12, sections 12.12.203, 12.12.204, and 12.12.206, divisions 3, 4, and 5 of article 12, and article 14 of this chapter.

1.

Appeals shall be made by notice of appeal filed with the county engineer within 30 days following issuance of the decision appealed.

2.

Appeals shall be heard by the BOA. The BOA shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as notice to the affected parties, and decide the same within a reasonable time. At the hearing, the applicant may appear in person and/or be represented by agent or attorney. A list of hearings to be heard by the BOA shall be published in a newspaper of general circulation in the county at least 15 days prior to each hearing.

3.

The notice of appeal submitted by the appellant shall contain:

a.

The name and address of the appellant or the appellants, and an explanation of how his or her substantial interests will be affected by the determination;

b.

The legal description of the property;

c.

A statement of all disputed issues of material fact; (if there are none, the notice of appeal must so indicate);

d.

A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the appellant to relief;

e.

A demand for relief to which the appellant deems himself entitled; and

f.

Any other information which the appellant contends is material.

4.

Procedures for the hearing and matters relating thereto shall be governed by division 2 of article 3 of this chapter.

B.

Any person or persons, jointly or severally, aggrieved by the decision of the BOA may apply to the circuit court for judicial relief within 30 days of the decision being rendered. Review in the circuit court shall be by petition for writ of certiorari, which shall be governed by Florida Appellate Rules.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 25)

This article sets forth the application and review procedures required for obtaining development orders and certain types of permits, and also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 05-06-30, § 7)

A development order is an order granting, denying, or granting with conditions an application for approval of a development project or activity. While both development orders and development permits are considered development orders under state law, for the purposes of these regulations, a distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders: preliminary development order, final development order, and development permit.

A.

Preliminary development order. Any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures A preliminary development order may include conceptual and conditional approvals where a series of sequential approvals are required before final action authorizes commencement of construction or land alteration. For purposes of these regulations preliminary development orders include comprehensive plan amendments and zoning changes which affect land use or development standards, preliminary site plan approval, and preliminary plat approval.

B.

Final development order. The final authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of these regulations. (The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like.) For purposes of these regulations, final development orders include improvement plan approval, final site plan approval, and final plat approval.

C.

Development permit. For purposes of these regulations, a development permit is an official county document, which authorizes the commencement of construction or land alteration without need for further application and approval. Development permits include: All types of construction permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), land clearing permits, mining operation permits, septic system permits, sign permits, driveway permits, and house moving permits, etc.

(Ord. No. 05-06-30, § 7; Ord. No. 16-17-17, § 25)

No development as defined by these regulations, including construction within public rights-of-way, shall be established or changed, and no building shall be constructed, used, occupied, or altered with respect to its use after the effective date of these regulations until there is first on file, approved by official county action, the appropriate development order for the project, or unless the project qualifies for an exemption. Nothing herein shall relieve any applicant of the additional responsibility of seeking all permits required by any applicable statute, ordinance, or regulation and compliance with all of the terms of these regulations or any other applicable law.

(Ord. No. 05-06-30, § 7)

This article shall apply to all development in the unincorporated area of Highlands County, not otherwise exempted, including, but not limited to, single-family residential, duplex, manufactured homes, commercial building structures, residential subdivisions, commercial and industrial subdivisions, manufactured home subdivisions, manufactured unit parks, seasonal parks, planned unit developments, and cluster/PUD developments. Further, the terms residential and commercial have the following general meanings:

A.

Residential. The term "residential" generally refers to a building or structure, or a subdivision or parcel of land legally accommodating the structure through proper land use and zoning, where the structure is a single-family dwelling, duplex dwelling, or manufactured home.

B.

Commercial. The term "commercial" generally refers to a building or structure, or a subdivision or parcel of land legally accommodating the structure through proper land use and zoning, where the structure is a commercial building, a multi-family dwelling of more than two units, an industrial building, or an agricultural building.

(Ord. No. 05-06-30, § 7)

Whenever, by the provisions of these regulations, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of these regulations and be subject to enforcement.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 26)

Proposed divisions of land that meet any one of the following criteria shall be exempt from the development order requirement to record a plat:

A.

Government use. The division of land is solely for the conveyance of land or granting of easements or rights-of-way to and accepted by a governmental or public agency.

B.

Ten acre and larger parcels. Subdivision of land creating only lots or parcels ten acres or larger in size are exempt from the development order requirement to record a plat. All owners of such parcels on non-maintained roads shall complete a "notice of non-maintained access" form that must be recorded with the clerk of courts. Nothing, however, in these regulations is intended to prevent the platting of subdivisions with lot sizes of ten acres or larger, provided a developer desiring to record such plat shall comply with the complete requirements of these regulations concerning the recording of plats.

C.

Reservation use. The division of land solely for the conveyance of title to a not-for-profit corporation, approved by the county, for the purpose of preservation of environmental, archaeological, or historic resources located on the property.

D.

Family homestead. Pursuant to F.S. § 163.3179, a parcel, which is no less than one acre in size, created from a larger parcel having an "agriculture" land use designation, shall be exempt from platting requirements.

E.

Avon Park Estates, Unit I and II. Each platted lot as recorded in Plat Book 10 Page 15 and Plat Book 10 Page 22, respectively, may be divided one time without the requirement to replat provided that (i) each divided portion of the original lot must be at least one acre in size and have 100 feet of road frontage, or (ii) if a lot that was divided prior to November 17, 2020, as evidenced by instrument recorded in the public records of Highlands County, Florida, created a divided portion of the original lot which is smaller than one acre in size, the lot size of each newly divided portion must be equal to at least half of the square footage of the original lot size.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 27; Ord. No. 16-17-17, § 26; Ord. No. 20-21-07, § 2)

Mobile home parks, campgrounds, and RV parks, existing as of February 25, 1985, and not presently platted, are exempt from the development order requirement to record a plat. However, at any time that a mobile home park, campground, or RV park existing on that date is enlarged, the addition shall be platted according to the requirements of these regulations, and the following will be required for the existing part of the park or campground as a condition to recording the addition:

A.

Provide, procure and display a boundary survey and site plan schematic, signed and sealed by a Florida professional land surveyor, showing the boundary of the development together with permanent reference markers;

B.

Include as a part of the site plan schematic of the development, the approximate location of the lots in reference to the center-lines of the streets within said park or campground; the streets shall be referenced with permanent control points;

C.

Post a copy of said site plan schematic in the park or campground office; and

D.

Submit seven copies each of the boundary survey and site plan schematic to the county engineer at the time of submission of the preliminary plat for the addition, for distribution to county staff members.

(Ord. No. 05-06-30, § 7)

The county engineer may exempt certain commercial building structures and vehicular surface areas from the requirement to provide preliminary and final site plans providing the following requirements are met:

A.

One of the following:

1.

The structure will be on property zoned agriculture and is a permitted use under such zoning; and the structure will be no more than 10,000 square feet in size; and the setbacks of the structure will be in accordance with article 5 of this chapter; or

2.

The structure will be of a type that the building department will not require the submittal of building plans signed and sealed by a registered architect or an engineer; or

3.

The improvement will consist of a structure or accessory structure, including an addition to an existing structure, and/or a new vehicular surface area covering a combined total surface area of no more than 2,000 square feet.

B.

The owner submits to the county engineer the following:

1.

Proof from the appropriate water management district that a drainage permit for the project is in effect or will not be required;

2.

Proof of compliance with parking requirements;

3.

Proof of compliance with landscaping requirements;

4.

A copy of the environmental clearance/land clearing permit, or proof that a county land clearing permit is not required pursuant to environmental clearance, of these regulations; and

5.

Proof of compliance with any driveway permit requirements.

C.

Signs. Improvement consisting solely of construction of a sign will be exempt from the preliminary and final site plan review process.

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, § 28)

Driveway and roadway connection regulations can be found in article 9 of this chapter.

(Ord. No. 05-06-30, § 7; Ord. No. 06-07-4, § 5; Ord. No. 11-12-04, § 29)

Editor's note— Ord. No. 11-12-04, §§ 30—33, adopted February 21, 2012, repealed §§ 12.04.209—12.04.212, which pertained to ten acre parcel road connections; commercial driveways; residential driveways and existing driveways, respectively and derived from Ord. No. 05-06-30.

Utility construction within county rights-of-way is not considered development and will not require development orders. Application for utility permits shall be submitted to the county engineer in compliance with these regulations.

(Ord. No. 05-06-30, § 7)

It is the purpose of this section to provide an orderly process by which certain commercial building structures and land subdivision developments, for which plats and plans are in various stages of submittal and approval at the time of adoption of these regulations, can continue to completion from the last approved stage and receive final development orders for the projects.

A.

Commercial building structures.

1.

For approvals issued prior to January 25, 1991. All commercial improvement plans and associated driveway permits approved prior to January 25, 1991, for which no construction has commenced as evidenced by poured footers or slab foundations, and for which no building permits remain valid, are canceled as of the date of adoption of these regulations. The applicants must begin at the beginning of the permitting process and comply with all requirements of these regulations. An unexpired building permit or evidence of construction qualifies a project to continue to completion in compliance with the Highlands County Land Development Regulations in effect immediately prior to the adoption of these regulations.

2.

For approvals issued January 25, 1991, and later.

a.

Where a commercial improvement plan has been approved and a building permit issued on or after January 25, 1991, and before the date of adoption of these regulations, the project can continue to completion in compliance with the Highlands County Land Development Regulations in effect immediately prior to the adoption of these regulations.

b.

Where a commercial improvement plan has been approved but no building permit has been issued, the applicant shall have 12 months from the date of adoption of these regulations to obtain a building permit.

c.

Where a commercial improvement plan has been submitted to the county engineer but not approved, the applicant shall have six months from the date of adoption of these regulations to secure plan approval and 12 months after approval date to secure a building permit, all under the terms of the land development regulations in effect immediately before the adoption of these regulations.

d.

The applicant, described in either b. or c. above, may continue to completion under the aforementioned prior regulations, but should he fail to comply with the terms described in b. or c., he must begin at the beginning of the permitting process and comply with all requirements of these regulations.

B.

Land subdivision. This subsection applies to any development requiring the division of land and the recording of final plats unless otherwise exempted by these regulations.

1.

For approvals issued prior to January 25, 1991: All preliminary plats and improvement plan developments approved prior to January 25, 1991, for which no final plat has been recorded and for which permitted construction has not commenced, are canceled as of the date of adoption of these regulations. The applicants must begin at the beginning of the permitting process and comply with all requirements of these regulations. A recorded plat or evidence of construction pursuant to a valid permit qualifies a project to continue to completion in compliance with the Highlands County Land Development Regulations in effect immediately prior to the adoption of these regulations.

2.

For approvals issued January 25, 1991, and later. Projects in this category shall begin at the last approved stage of the process and continue to completion, paying all fees, and supplying all information according to the schedule of this subsection.

a.

Where a preliminary plat and an improvement plan have been approved, no final plat has been recorded, and construction pursuant to a valid permit has begun on or after January 25, 1991, and before the date of the adoption of these regulations, the project can continue to completion in compliance with the Highlands County Land Development Regulations in effect before the adoption of these regulations. When a final plat has been approved, but not yet recorded, the project will also be allowed to continue to completion under the Highlands County Land Development Regulations in effect immediately prior to the adoption of these regulations.

b.

Where only a preliminary plat has been approved on or after January 25, 1991, and before the date of the adoption of these regulations, the applicant must enter the application process at the point as described in this article entitled general application requirements. The approved preliminary plat may be accepted in lieu of the preliminary plat required by these regulations, but any improvement plan, not actually approved, must be submitted, reviewed, and approved under the terms of these regulations including the submittal of review fees.

c.

Where a preliminary plat and an improvement plan have been approved on or after January 25, 1991, and before the date of the adoption of these regulations, no final plat has been approved, and construction has not commenced pursuant to a valid permit prior to the adoption date of these regulations, the applicant must enter the application process at the point as described in this article. The approved preliminary plat and the approved improvement plan, both prepared according to the requirements of the land development regulations in effect immediately prior to the adoption of these regulations, may be accepted in lieu of the preliminary plat and improvement plan required by these regulations, but the applicant will be bound by all other requirements of these regulations pertaining to land subdivision including preparation of the final plat. The application fee for the final development order will be due and payable as required by these regulations.

3.

Proof of commencement of construction: Where required, proof of commencement of construction will be evidenced by a signed and sealed certificate by the applicant's engineer describing the work that has been completed including starting and completion dates of each major category of the finished work.

(Ord. No. 05-06-30, § 7)

Site plan application requirements. Site plan approval by the county engineer is required for all antennas and ground-mounted towers. Application for site plan approval shall include the following:

A.

Three copies of the site plan shall be submitted, one of which will be transmitted to the emergency management/communications director. These drawings shall be prepared by a registered architect, landscape architect, or registered engineer licensed in the State of Florida, each certifying to his or her field of expertise. The site plan shall show the proposed new buildings and structures, the height of the tower including co-location, increases, the required minimum set-backs, the required separation from adjacent zoning, the required separation distances between towers, the fall zone, the required landscaping, the required signage, camouflage treatment if required, and the required security fencing providing access to only authorized personnel;

B.

A copy of the FAA response to the applicant's notice of proposed construction of alteration, or its replacement;

C.

A letter of intent committing the tower owner and his or her successors and assigns to allow the shared use and co-location of the tower, if additional user(s) agree in writing to meet reasonable terms and conditions for such shared use as determined by industry standards;

D.

A statement by the applicant indicating that government owned property is or is not available within the search ring for the wireless communication facility. If government property is available, the statement should include a full explanation if the applicant does not plan to use it;

E.

A letter from the property owner consenting to the application; and

F.

At the time of initial application, an inventory of all communication facilities (wireless and backhaul) which are under the applicant's control and/or are being used or planned by the applicant, located within the incorporated and unincorporated areas of Highlands County and within one mile outside the county. Information on each tower listed shall include:

1.

The type of tower or supporting structure;

2.

The height of the tower including antennas;

3.

Latitude and longitude and state plane coordinate location;

4.

Street and mailing address of the owner and site address of the facility;

5.

FCC and applicable FAA permit numbers for each transmission tower and antenna facility;

6.

Ability of transmission tower or structure, associated support facilities and site to accommodate additional antenna(s), including the wireless service signal capacity; and

7.

Indication whether the site is co-located and if so, the names of the co-located service providers/owners.

8.

The applicant shall provide updated information with subsequent applications.

G.

Exemptions.

1.

Co-location on a tower is exempt from these requirements if:

a.

The tower was built prior to January 2, 2001; and

b.

The co-location meets the minimum requirements of F.S. § 365.172(12).

(Ord. No. 05-06-30, § 7; Ord. No. 11-12-04, §§ 34, 35

For the purpose of establishing a new wind speed line pursuant to Section 1609.3 of the Florida Building Code (2010), the wind speed line in Highlands County shall commence on the county line on State Road 70 for point of beginning, thence easterly on State Road 70 to County Road 721, thence northerly on County Road 721 to U.S. Highway 98, thence northeasterly on U.S. Highway 98 to the county line.

(Ord. No. 11-12-14, § 1)

When requested by an applicant for an affordable housing project, as defined by F.S. ch. 420, Pt. VI, and the application is determined to be complete, the county shall grant first priority in review and processing of all preliminary and a final development orders, including plats, site plans, concurrency clearance, driveway permits, and improvement plans, and all other applicable development permits in order to expedite the issuance of these development orders. To effect the successful issuance of a development order and/or permit, the county shall continually monitor the progress of the application. The project, however shall comply with all requirements of these regulations.

(Ord. No. 05-06-30, § 7)