Within the City of Mascotte, no subdivision or other development shall be made or platted, nor shall any building permit be issued, unless such development meets all the requirements of this Code and has been approved in accordance with the requirements of this Code. The City Council or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to insure compliance with the provisions of this Code, including injunctive relief to enjoin and restrain any person violating the provisions of this Code, and any rules and regulations adopted under this Code.

All development subject to approval shall be consistent with the policies of the City of Mascotte Comprehensive Plan, and shall comply with all provisions of this Code and all applicable City ordinances and regulations.

In addition to development review through the City of Mascotte, applicants may require permits and approvals from other agencies, including, but not limited to, the St. Johns River Water Management District, the Florida Fish and Wildlife Conservation Commission, the Florida Department of State Division of Historical Resources, Florida Department of Environmental Management, Lake County Highway Department, and City of Mascotte Building Department.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17; Ord. No. 2017-11-575, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-588, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018.

No review of an application shall commence until the application fee and any review deposit are paid. The total development review amount shall be forwarded to the city manager as soon as possible following the submittal of an application. Development review procedures, definitions, application fees, and review deposits relating to wireless telecommunications facilities are specifically excluded from this section and are addressed in Article X of the Land Development Code.

A)

Definitions. The following words, terms, and phrases, when used in the Land Development Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant shall mean and refer to an owner or an owner's authorized agent who submits an application, proposal, petition, or project to the city.

Application, shall mean and refer to an application, proposal, or petition submitted to the city pertaining to development for which city approval is required, and shall be limited to the following, except as the provisions of subsection B)2) shall apply:

1)

Comprehensive plan amendment.

2)

Concurrency determination.

3)

Development agreement, formulation and review.

4)

Development of regional impact.

5)

Final subdivision plat, including any revisions to a previously approved or existing subdivision or plat.

6)

Permitted conditional use.

7)

Planned unit development.

8)

Preliminary subdivision plat.

9)

Zoning or rezoning (with or without a comprehensive plan amendment).

10)

Site plan review.

11)

Lot split or lot combination.

12)

Sign permit approval.

13)

Variance or waiver.

14)

Amendments to the Land Development Code resulting from a comprehensive plan amendment.

15)

Substantial change in any of the above.

16)

Appeals.

Application fee shall mean a flat fee set by resolution of City Council which represents the costs to reimburse the City for city employee clerical time to administratively review, process, coordinate, and disseminate the application and related documents during the development review process.

City shall mean and refer to the City of Mascotte, Florida.

City consultant shall mean and refer to those companies, private consultants, governments, individuals, or other entities under contract with the city to provide services to or for the city, or who provide services to or for the city, or who provide technical or legal expertise to or for the city, including but not limited to, attorneys, engineers and surveyors.

City staff shall mean and refer to city employees.

Owner shall mean and refer to an owner or group of owners of fee simple title to a particular lot, tract, or parcel of real property.

Owner's authorized agent shall mean and refer to an agent of the owner duly authorized to submit and process an application. If the applicant is not the property owner, a proper authorization shall accompany the application. If a proper authorization does not accompany the application, the application shall be considered incomplete, and the applicant shall be notified in writing by the city of such incompleteness. The authorization shall be evidenced by an affidavit signed by the owner and notarized specifically authorizing the agent to represent the owner in connection with the application as to the owner's real property which is the subject of the application. The authorization shall include an agreement of the owner to be bound by the actions of the owner's authorized agent and the provisions of the Land Development Code.

Review deposit shall mean and refer to a deposit of money, as established by this section, to be paid by an applicant at the time of the filing of an application as defined above or, upon good cause shown, such other development-related application as determined by the city manager or designee as required in subsection B)2) herein. The review deposit is in addition to the application fee and is used to reimburse the city for the actual costs paid by the city for mailing and publishing notices, other costs, and payments to consultants during the review of the development activity.

Total development review amount shall mean and refer to the total amount of the application fee plus the review deposit to be paid by an applicant pursuant to subsection B herein, and any other fees authorized to be collected by the city pursuant to its ordinances.

B)

Review deposits.

1)

Required review deposits. A five thousand dollar ($5,000.00) review deposit, payable to the City of Mascotte by money order, personal or company check or cashier's check drawn on a financial institution authorized to do business in Florida shall be delivered to and collected by the city at the time of submission of each application as defined in subsection A herein. During the review process, should the city manager determine at any time thereafter, in his or her sole discretion, that requiring an additional review deposit is in the city's best interest, (s)he may require one at that time. In the event the initial review deposit is depleted when the city pays its expenses, all work on the application shall cease until the deposit is replenished, if required by the city manager.

2)

Other types of development-related applications. Upon good cause shown, a review deposit, in an amount determined by the city manager not to exceed five thousand dollars ($5,000.00), paid as set forth above in subsection (1), shall be delivered to and collected by the city at the time of submission of such other types of development-related application as may be determined by the city manager or at such other time as the city manager may designate. The following factors, by way of example, not limitation, may be considered to support a finding of good cause for the imposition of a review deposit during the review and approval of a development-related application other than as described in subsection A) and for establishing the appropriate review deposit amount: information provided by the city staff, consultants, and applicant about the complexity and scope of the proposed development-related application and the development project, the payment history of the applicant as it pertains to past dealings with the city, and the expected involvement of city consultants.

3)

Partial or fill waiver of review deposit; additional deposit.

a)

Full waiver. The city manager may grant a full waiver of the five thousand dollar ($5,000.00) review deposit if, based upon information from city staff, consultant(s), and the applicant, no consultants will be required to review the application, and the amount of the costs and expenses related to staff review, processing, inspection and regulation, as estimated by the city manager, will not exceed the application fee.

b)

Partial waiver. The city manager may grant a partial waiver of the five thousand dollar ($5,000.00) review deposit if, based upon information from city staff, consultant(s), and applicant, the amount of the consultants' fees, costs, and expenses, will be less than the required deposit and will not exceed a certain amount.

4)

Additional review deposit. Should the city manager determine, in his or her sole discretion at the time of submittal of an application or any time thereafter, that requiring an additional review deposit is in the city's best interest, (s)he may require one at that time.

5)

Reimbursement of review deposit to applicant. The balance of the review deposit, if any, shall be returned to the applicant as provided for in subsection C) herein. No interest shall be paid to applicant on any review deposit on account with the city.

C)

Project account. Once an application pertaining or relating to an application or, upon good cause shown, such other development-related application as determined by the city manager, has been submitted to the city, and the total review amount has been collected, the total development review amount shall be forwarded to the city manager or designee as soon as possible following the submittal of an application. The city manager or designee shall establish an individual project account in which the review deposit shall be deposited. Application fees shall not be deposited in or charged to the project account. All fees, expenses, and costs incurred by the city which are directly attributable to the application will be reimbursed to the city from the review deposit in the project account. The project account will be maintained throughout the entire review, processing, inspection, and regulation process until the latter of:

1)

Final action (after all appeal periods have run) by the city council has occurred with respect to the application;

2)

No further significant involvement of the city staff or city consultants is expected to occur;

3)

The city has been paid all of the amounts due under this section and the city code; or

4)

The expiration of any warranty period associated with the conveyance or dedication of improvements to the city.

Thereafter, if any monies remain in the project account, the monies shall be refunded to the applicant.

D)

City invoices.

1)

Payment. The city manager or designee may periodically calculate the costs, expenses and fees incurred by the city for each application for which a review deposit is required and send an invoice to the applicant for payment. The applicant shall have ten (10) days from the date of the invoice to pay to the city the invoiced amount. Thereafter, if payment is not received in the required time, the city manager or designee shall apply the review deposit toward payment for the invoiced amounts. If the total of the costs, expenses, and fees incurred by the city for an application for which a review deposit is required exceeds the review deposit, and payment is not received in the required time after invoicing, then the city manager or designee shall apply the review deposit to the unpaid portion of the invoice and send a notice of nonpayment to the applicant for the remaining amount of the invoice. The city manager or designee shall also send a notice to the applicant and to all city staff and city consultants associated with the subject application or project, instructing them to cease all work relating to such application or project unless and until further notified by the city manager or designee. A copy of such notice shall be sent to the applicant.

2)

Upon receipt of the notice, work by the city staff and city consultants on the application or project shall cease, and neither building permits, certificates of completion, temporary certificates of occupancy, nor certificates of occupancy will be issued with respect to such real property. Continuation of the review of the application or project with respect to the real property for which payment was not made will not be undertaken by the city until such time as all outstanding fees, costs and expenses due under this section are paid in full and a new review deposit paid to the city.

3)

Unless otherwise provided for in the Land Development Code, if an applicant receives or is granted approval on an application or project or is issued a building permit, certificate of completion, temporary certificate of occupancy, certificate of occupancy, or other development order by the city, and additional fees, costs, expenses or such other obligations attributable to the application are thereafter posted to the project account for work that is associated with said approval or issuance, the applicant or his/her successor in interest shall pay said costs, fees and expenses incurred by the city for such application. The city shall send an invoice to the applicant or successor for such fees or expenses, and the applicant or successor shall reimburse the city for such fees or expenses within ten (10) days.

4)

Deficiency and liens. Failure to pay an invoiced amount within the requested time shall constitute a violation of this section. Any deficiency owed to the city, whether incurred before or after project approval, shall bear interest from the date of the aforementioned notice of non-payment at the rate of eighteen (18) percent simple interest per annum, or the highest rate permitted by law, until paid. The amount of any such deficiency owed to the city shall, together with interest and the costs of collection as hereinafter provided, be the personal obligation of the applicant and shall be a continuing lien on the real property related to the application or project under review. Any subsequent or new owner of the real property related to the application or project shall take title subject to the obligations of the applicant under the terms of this section and shall be jointly and severally liable for such obligations. An applicant may not escape liability for the deficiency by abandonment of the application or project, withdrawal or denial of such application, or sale of the real property with respect to which such application has been submitted. If the initial or subsequent invoices are not paid in a timely fashion, and the invoiced amount exceeds the amount of the review deposit, the city may take whatever legal means it deems appropriate to collect the deficiency, including, but not limited to: retaining the services of a collection agency or attorney; initiating legal proceedings for the collection thereof; recording a notice of lien as herein provided, or using the procedures and remedies available under Article VIII of Chapter 2 of the Code of Ordinances, to the extent such procedures and remedies are not inconsistent with this article; and foreclosing same in the same manner as mortgage liens are foreclosed.

5)

If the project is subject to the provisions of a development agreement, and the applicant is found to be in default of such development agreement for failure to pay development costs, then it would be considered a default of that agreement, and whatever remuneration or remedies such development agreement calls for would be applied, as opposed to the provisions called for in this section. During the process of formulating a development agreement, if an applicant wishes for the development agreement to provide for alternative provisions regarding payment of development costs, the burden is upon the applicant to request that Council approve alternative provisions at the time of the public hearing on approval of the development agreement. Council, at its sole discretion, may approve such alternate payment provisions.

E)

Required payments. Payment for all costs, expenses and fees incurred by the city is a requirement for the city's final approval of all land development applications and projects.

F)

Assessable costs, expenses, and fees.

1)

All direct costs, expenses and fees incurred by the city that relate directly to the review, processing, inspection, regulation or defense of an application, including, but not limited to, expenses incurred by city consultants who review or defend the application at the direction of the city, as well as other expenses related directly to advertising, surveying, legal review and/or engineering review for an application or project shall be assessed to the applicant and reimbursed to the city. Assessable expenses shall not include the cost of city employee clerical time in administratively reviewing, processing, coordinating, and disseminating the application and related documents during the development review process. Such clerical time shall be deemed to have been reimbursed by the application fee.

2)

City consultants shall submit records of their time, fees, costs, and expenses to the city manager or designee, and such fees, costs and expenses shall be invoiced to the applicant on a dollar-for-dollar basis for services provided under the direction of the city to review. The rates charged to the applicant for said services shall not exceed those charged to the city.

G)

Objections/appeal. Any objection to any invoice or to any matter set forth in this section must be set forth in writing and addressed and delivered to the city manager on or before the tenth day after the date of the relevant invoice. In the event the city manager denies the objection in writing, the applicant shall have ten (10) days after the date of the city manager's written decision to file an appeal of such decision with the city clerk or designee, which appeal shall be heard by the city council as soon as practicable. All objections and appeals shall set forth in detail the reasons and evidence upon which the objection and appeal are based. Failure of the applicant to establish beyond a preponderance of the evidence that an invoice is not appropriate and is not based upon competent substantial evidence, shall result in a denial of the objection and appeal.

H)

Attorney's fees in the event of failure to pay review costs. In the event the city is required to enforce this article, then the city shall be entitled to recover from the applicant all costs and expenses incurred, including but not limited to, its reasonable attorneys' fees, paralegal fees and other costs and expenses, whether incurred prior to, during, or subsequent to court proceedings or on appeal, and/or in any bankruptcy proceedings involving the applicant, the real property and/or the project being reviewed.

I)

Change of ownership. An applicant shall provide prompt written notice to the city manager in the event of a change in ownership of all or a portion of a lot, tract, or parcel of real property with respect to a pending application or project. Such notice shall include the name, address, phone numbers, and other contact information of the new owner and a legal description of the lot, tract or parcel of real property now owned by the new owner. A new owner: (i) shall not be entitled to utilize or draw upon any review deposit previously paid to the city by the original applicant, unless the original applicant authorizes, by affidavit, the use his/her review deposit by the new owner; (ii) shall be liable to the city for all fees, costs and expenses related to the lot, tract or parcel of real property which arise subsequent to the date the new owner acquires title to such real property; and (iii) may be required by the city to pay a review deposit in the same manner as a new application, in which case a separate project account will be opened in the name of the new owner or the new owner's authorized agent. If a review deposit is required, no work shall be undertaken by the city or its consultants with respect to the lot, tract or parcel of real property under control of the new owner until the review deposit is paid to the city. Until such time as the city receives such written notice of a change in ownership, the original applicant shall be jointly and severally liable to the city for all fees, costs and expenses associated with the application or project; provided, however, that upon receipt by the city of a notification of change of ownership, the original applicant shall no longer be liable to the city for fees, costs and expenses incurred by the city which arise after receipt of the notification of change of ownership, and the new owner shall be solely liable to the city for all such fees, costs and expenses associated with the application or project activities subsequent to the date of receipt by the city of such notification. Additionally, the original applicant may be entitled to a refund of any review deposit balance as of the date said change of ownership notice is received by the city, provided all assessable costs, expenses and fees hereunder and incurred to that date are paid in full and the original applicant has not authorized ownership of his/her review deposit by the new owner.

J)

Agreement to be bound by this section. Submission of an application shall constitute the consent and agreement for the applicant and the owner, if the application is being executed by the owner's authorized agent, to be bound by the provisions of this section.

(Ord. No. 2008-02-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2013-02-511, § 2, 3-18-13)

This process is intended for single-family and multi-family (townhouse) residential developments and subdivisions that create new lots and/or public streets. Multi-family (apartment) residential developments that do not create new lots and/or public streets shall be approved through the Commercial and Industrial Development approval process.

A)

Residential Development or Subdivision Preliminary Plan Process:

1)

Development Inquiry Made. Inquiries about projects are submitted to the City Manager, who, after consultation with Staff, will notify the applicant as soon as possible as to how the matter will be answered and/or how best to move forward.

2)

Pre-Application Conference. Each applicant may meet with Staff at a pre-application review conference before preparing a Preliminary Plan. In this way, the applicant can become familiar with the requirements and development policies of the City, which may affect the proposed development. The State Planning Agency shall be notified of any Pre-Application Conferences for any project proposed in the Green Swamp.

3)

Submission of Preliminary Plan. The developer (applicant) shall submit to the City Manager five (5) copies of the Preliminary Plan, a digital copy in pdf format, the Application, and fee(s). (See Article V for Design Standards.) This plan shall be prepared as specified in the regulations in this Preliminary Plan section. Within the Green Swamp, the "Green Swamp Development Assessment", as required by Section 3.10, Part B, of this Code (Green Swamp Overlay Area), shall be part of the Preliminary Plan.

4)

Staff Review. The City Manager shall distribute copies of the Preliminary Plan to Staff and applicable State, County and Municipal agencies including the Lake County School Board and the State Planning Agency. (The School Board shall review residential site plans only; the State Planning Agency shall review projects in the Green Swamp.) Staff and the Lake County School Board, and the State Planning Agency, where applicable, shall individually review the Preliminary Plan and submit written comments to the City Manager. Staff members will then provide information to the developer outlining all the issues. The developer shall make the changes requested and submit a revised Preliminary Plan, if required.

5)

Action by the City Council. After Staff reviews the Preliminary Plan, and Developer's Agreement (if applicable), the scheduled public hearing shall be held by the City Council. The City Council shall approve, approve subject to conditions, or disapprove the Preliminary Plan. In approving or approving with conditions any Preliminary Plan, the City Council shall also make a finding that the Plan is consistent with the Comprehensive Plan. In disapproving any Preliminary Plan, the City Council shall provide reasons for such action. Any Preliminary Plan approved by the City Council in the Green Swamp shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to Section 380.07(2), Florida Statutes, and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

6)

Preliminary Plan approval by the City Council shall be automatically voided if the Final Construction Plan (for either the entire project or the approved first phase) is not approved within three (3) years from the date of approval of the Preliminary Plan. The City Council may grant a time extension, for a maximum of one (1) year, upon written request by the developer to the City Manager. The written request must be received by the City Manager with adequate time to schedule it for a Council meeting. The developer shall have the burden of timely applying for an extension and providing satisfactory evidence in the request that (s)he satisfies the criteria for an extension as set forth in this Code. Failure to do so shall result in a loss of any vested rights, and any Certificates of Concurrency shall be void.

7)

Extensions. The City Council may extend for a period of twelve (12) months the date when a site development order (Preliminary Plan) would otherwise expire if it concludes that:

a)

The site development order has not yet expired;

b)

The site development order recipient has proceeded with due diligence and in good faith;

c)

Conditions have not changed so substantially as to warrant a new application; and

d)

The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings, subject to compliance with Article IX. Concurrency Management.

8)

Preliminary Plan Requirements. The preliminary site plan shall include the information as discussed below, in addition to information which may be required by the Floodplain Management Code of Chapter 8 of the Code of Ordinances, and Articles V and VIII of this Land Development Code. Notes should be used whenever possible, on the preliminary plan, to explain, verify or identify additional information that is important to the understanding of the site and the plan of development.

9)

Preliminary Plan Drawings. The plan sheet size shall be no greater than twenty-four (24) inches by thirty-six (36) inches. Plans including more than one (1) sheet shall provide a key map relating sheets to the entire planned area. The information required on the face of this sheet should be positioned in one (1) of three (3) places: in the title block; on the location sketch; or on the plotting design scheme. The requirements of each of the above are detailed below.

a)

Title, Legend and Location Block. The title of the proposed project, the name and address of the owner and the name and address of the engineer, surveyor and any other professional consultants engaged to prepare and design the preliminary plan shall be included. The date, revision dates, graphic scale of plans, north arrow, current zoning, total number of lots, minimum lot size, open space and site area in acres or portions thereof shall also be included along with the section, township and range in which the subject property is located.

b)

Location Sketch. A sketch showing the general location of the site in relation to the surrounding area shall be placed on the sheet. The location sketch shall be oriented the same direction as the plotting design. It also shall be drawn to a scale large enough to show the relationship of the tract to existing and proposed community features, such as major thoroughfares, schools, recreation areas, shopping and industrial areas. An appropriate scale is one (1) inch equals two thousand (2,000) feet.

c)

Design. The design scheme shall be drawn to a scale no smaller than one (1) inch equals one hundred (100) feet. The plan shall also show the existing conditions and proposed development features as described below.

d)

Existing Conditions. The following information regarding existing conditions on and off the site shall be shown: boundary lines, location, distance, and bearings for boundary lines, and the width and purpose of all easement lines. The boundary lines of the tract shall be clearly delineated by a heavy solid line.

e)

Setbacks.

• All setbacks from streets and highways shall be illustrated.

• The applicable setbacks for the zoning district shall be indicated by the use of notes.

• All setbacks on irregular shaped lots shall be illustrated.

• The line of natural water bodies shall be illustrated.

10)

Phasing. Where the project is to be built in phases, illustrate the divisions of the various phases. Phasing divisions shall be established according to natural or manmade boundaries, including but not limited to, wetlands, lakes, parks, and roads.

11)

Physical/Environmental Conditions. The topographical features that exist on the property shall be depicted on the preliminary plan or may be shown on separate sheets. When a separate sheet is used, the site layout must be shown.

a)

Topographic information. Existing contours at one (1) foot intervals based on field surveys or photogrammatic survey extending a minimum one hundred (100) feet beyond the tract boundary. The topographic survey shall be certified by a land surveyor, registered in the State of Florida.

b)

Soils information. Identification of on-site soils shall be drawn on the face of the plan using the Soil Survey of Lake County Area, Florida. An applicant may challenge this determination by demonstrating (through the testing of a geographical engineer) that the identified soils are not classified correctly. If the above determination is concurred with by the Staff, then these alternative soil determinations will be used in preparing the site plans.

c)

Wetlands Survey. If present on the subject property or on an adjoining property within fifty (50) feet of the boundary of the subject property, wetlands shall be delineated by a qualified professional using methods prescribed by the Florida Department of Environmental Management and/or the United States Army Corps of Engineers. The delineation shall be located, measured, and placed on the face of the plan by a land surveyor registered in the State of Florida.

d)

Floodplain Management Information. The applicant shall submit all information required by the Floodplain Management Code of Chapter 8 of the Code of Ordinances.

e)

Flood Zone Data. Data shall be shown for all development within the City of Mascotte in accordance with the Floodplain Management Code of Chapter 8 of the Code of Ordinances.

f)

Tree Survey. A Tree Survey shall identify all trees six (6) inches in diameter at breast height (DBH) or greater except for those listed in Article VI as undesirable. The trees shall be overlaid on the plan with an accompanying legend denoting size and species (common name) and whether the tree is proposed to be saved or removed.

12)

Existing Streets. The name, location and right-of-way width of all existing streets, rights-of-way and platted streets shall be shown.

13)

Proposed Streets. The information listed below shall be provided for proposed streets:

a)

The name or temporary designation and right-of-way width.

b)

A typical design cross-section indicating pavement type width, drainage features and sidewalk/bikeways. A separate cross-section for all entrance roads, featuring medians, with a note explaining maintenance and ownership responsibility.

c)

Streets which are adjacent to the property.

d)

The projected average daily traffic (ADT) and peak traffic (total and directional) from the development shall be shown. The trip generation shall be based upon trip generation rates contained in the latest publication of the Institute of Transportation Engineers (ITE) Manual.

e)

Buffers between the streets and abutting lots shall be shown.

14)

Water and Sewer. The proposed method and source of water supply and sewage disposal shall be shown and be in accordance with the City of Mascotte requirements for water and wastewater. Any necessary easements shall be shown on the preliminary plan, final construction plans and final plats as appropriate. The developer shall show the points of connection to the existing system.

15)

Additional Information.

a)

Proposed vacation of rights-of-way and/or easements are to be addressed.

b)

Acreage and percentage of common open space shall be a minimum of twenty-five (25) percent, or as required by this Code and the Comprehensive Plan.

c)

Pedestrian and bike path facilities layout. Vehicular and pedestrian passageways shall be separated on public rights-of-way. When appropriate, a system of walkways and bicycle paths connecting buildings, common open spaces, recreation areas, community facilities and parking areas shall be provided and adequately lighted.

d)

Identification of all roadway improvements to be provided in connection with the development, whether on-site or off-site. All streets shall meet minimum City of Mascotte standards with appropriate design widths of pavement surfaces to accommodate projected traffic and to provide free movement for safe and efficient use within the development.

f)

A detailed Traffic Study (when required by the Staff) identifying existing levels of service on surrounding roads and intersections in the vicinity of the project together with proposed improvements to be made to maintain adequate levels of service and minimize impacts to the overall transportation system of the City.

g)

Areas to be conveyed or dedicated and improved for roadways, parks, playgrounds, school sites, utilities, public buildings, and other similar public and quasi-public uses.

Approval of the Preliminary Plan shall be construed as authority for submitting the Final Construction Plan. Approval of the Preliminary Plan shall not be construed as authority for the issuance of permits to construct improvements or for the issuance of building permits.

B)

Residential Development or Subdivision Final Construction Plan Process:

1)

Submission of Final Construction Plans. The Final Construction Plan shall incorporate the Preliminary Plan as approved, and other necessary improvements which the developer proposes will be needed to develop the project. Additional inclusions required are listed in this Final Construction Process.

The developer may request a Final Construction Plan Pre-Submittal Meeting with Staff to answer questions, review required inclusions and the process.

The developer shall submit to the City Manager ten (10) copies of the Final Construction Plans, two (2) copies of the specifications for paving, drainage, utility systems and other improvements, if any, a digital copy in pdf format of all documents submitted, along with the fee. (See Article V for Design Standards.)

2)

Staff Review. The City Manager shall distribute copies of the Final Construction Plans to Staff and other appropriate parties who will individually review the plans and submit written comments. Staff shall forward Final Construction Plans within the Green Swamp to the State Planning Agency for review and comment. The developer shall make the changes necessary and submit a revised Final Construction Plan, if required.

a)

After review of the Final Construction Plan, Staff will set up a preconstruction meeting. The State Planning Agency shall be notified of any Preconstruction Meetings for any project proposed in the Green Swamp.

b)

For projects having more than five (5) units, or if Staff determines that substantial changes have been made from the City Council approved Preliminary Plan, the plans will be forwarded to the City Council for approval at a public meeting. For development in the Green Swamp, if the Council approves Final Construction Plans which substantially deviate from the approved Preliminary Site Plans, the Final Construction Plans approved by the City Council shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2) and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

c)

Final Construction Plans for all projects in the Green Swamp shall require approval by the City Council at a public meeting.

3)

Final Construction Plan Requirements. All Final Construction Plans and support documents both on-site and off-site shall bear the date, seal and signature of a professional engineer licensed in the State of Florida and shall be submitted to the City Manager. The standard size sheet for Final Site Construction Plans submitted for review shall be no greater than twenty-four (24) inches by thirty-six (36) inches. The Final Construction Plans shall be in conformance with the Preliminary Plans and shall show the information listed below:

a)

The plans shall include a location map that shows the location of the project in the broad context of the City.

b)

Final Construction Plans shall be drawn to scale using such a scale that all required features are readily discernible. In all cases, the permit-issuing authority shall make the final determination whether the plans are drawn to the appropriate scale.

c)

Final Construction Plans should include the following:

• Name of applicant.

• Name of development.

• North arrow.

• Legend.

• Scale.

• Site location.

• Legal description and acreage or square footage.

• Date of plan.

• Property boundaries.

• Zoning of the property and surrounding properties.

• Property lines with dimensions.

• Street right-of-way lines.

• Utility or other easement lines.

d)

Wetlands Survey. The wetlands delineation submitted as part of the Preliminary Plan shall be included on the Final Construction Plans. The delineated wetland boundary shall be marked in the field with easily-visible and durable markers.

e)

Tree Survey. The tree survey submitted as part of the Preliminary Plan shall be included on the Final Construction Plans to show trees in relation to proposed improvements. All trees proposed for removal shall be indicated on the plan.

f)

Existing Improvements.

• Existing vehicle accommodation areas designating surface material and showing the layout of existing parking spaces and direction of travel lanes, aisles, or driveways.

• Existing streets, private roads, sidewalks, and other walkways on the site and in the surrounding area.

• Existing curbs and gutters, curb inlets and curb cuts, and drainage grates.

• Existing other stormwater or drainage facilities, including manholes, pipes, and drainage ditches.

• Existing underground utility lines including water, sewer, electric power, telephone, gas, cable television, indicating size where applicable.

• Existing above ground utility lines, street lights and other facilities.

• Existing fire hydrants.

• Existing buildings, structures, and signs, with dimensions.

• Existing exterior light fixture locations.

• Existing dumpster locations.

• Existing land use of the property and surrounding area.

g)

Proposed New Improvements.

• Size of every lot created.

• Lot line bearings and dimensions, including lot widths. Front, side and rear yards shall be designated.

• Location and dimensions of all buildings and signs on the property, as well as the setbacks.

• Principal building elevations showing building heights and proposed sign areas.

• Location and dimensions of all recreational areas, with each area designated as to type of use. Detailed description of recreation facility may be required.

• Areas intended to remain as usable open space. The plans shall clearly indicate whether such open space areas are intended to be offered for dedication to public use or to remain privately owned.

• Streets labeled by classification and street name, showing where curb and gutter are to be provided and indicating street paving widths.

• Curbs and gutters, curb inlets and curb cuts, drainage grates.

• Other stormwater or drainage facilities, including manholes, pipes, drainage ditches, retention ponds, etc.

• Drainage calculations.

• Sidewalks and walkways, showing widths and surface material.

• Bridges.

• Water system; demand size, material, and location of mains, valves, and hydrants.

• Sewer system, if any; demand size, material, and location of lines, with submittal of profile where required.

• Underground and above ground utility lines, street lights and facilities.

• Dumpsters.

• New contour lines resulting from earth movement (shown as solid lines) with no larger than one (1) foot intervals, or detailed profiles and cross sections.

• Location, dimensions, and materials of all signs, fences, etc.

• Vehicle accommodation areas (including parking areas, loading areas and circulation areas; all designated by surface material and showing dimensions and layout of proposed parking spaces and the dimensions and direction of travel lanes, aisles, and driveways. Also include total square feet of off-street parking area, parking landscape area requirement, the number of spaces, including required handicapped spaces, and calculations for determining parking demand.

4)

Landscape Plan. Proposed landscape planting to comply with the landscape and buffer requirements of Article VI. Plans shall label shrubbery by common name, show the distance between plants and indicate the height at the time of planting and expected mature height and width. Plans shall label trees by common name, show the circles of the mature crowns (major trees shall be drawn at diameter of approximately thirty (30) feet; dwarf or decorative trees shall be drawn at their actual mature crown), and indicate the height at the time of planting. A table indicating buffer type, plant type, plant quantity and size at time of planting shall be included on the plan. Detailed irrigation plan shall also be provided. For developments greater than five (5) acres or fifty (50) lots in size, the landscape and irrigation plans shall be prepared by a person registered as a landscape architect and all landscape plan sheets shall be signed and sealed.

5)

Phasing Plan. If the development is to be phased, the Final Construction Plans need to indicate phasing lines and provide documentation to ensure the first phase can stand on its own as well as subsequent phases and their reliance only on the proceeding phases.

6)

Additional Information. No building permit shall be granted prior to the approval of the Final Construction Plan. Upon such approval, said Site Plan becomes a part of the building permit and that site plan may be amended only by authority and directive of the City Manager, or City Council.

7)

Subdivision Name (if applicable). Every subdivision shall be given a name by which it shall be legally known. All subdivision signage must be consistent with its legally assigned name. Such name shall not be the same, phonetically, or visually similar to any name appearing on any recorded plat in the County so as to confuse the records or to mislead the public as to the identity or location of the subdivision, except when the subdivision is subdivided as an additional unit or section by the same developer or his successors in title. No subdivision name shall mislead the public as to the municipality or geographic area in which the subdivision is located. The name of the subdivision shall be determined by the developer, subject to approval by the City Council as part of the Preliminary Subdivision Plan.

If at any time, the developer, intends to change the name of the subdivision, the developer shall request the name change in writing. All correspondence regarding a name change shall be approved by City Council. The decision of the City Council is final. After approval by the City Council, it shall be the responsibility of the developer to make the appropriate changes to all applicable documents. The provision of this subsection shall be applicable in all zoning districts, including planned unit developments. Once the City approves the subdivision name, it must then be submitted to the Lake County for approval.

Approval of the Final Construction Plan shall be automatically voided if construction has not commenced within three (3) years from the date of Final Construction Plan approval. The developer shall have the burden of timely applying for an extension and providing satisfactory evidence in his/her request that (s)he satisfies the criteria for an extension as set forth herein. Failure to do so shall result in a loss of any vested rights, and any Certificates of Concurrency shall be void. The City Council may grant a one-year extension upon written request by the developer to the City Manager, provided that:

• The plans still comply with current regulations;

• The site development order has not yet expired;

• The site development order recipient has proceeded with due diligence and in good faith; and

• Conditions have not changed so substantially as to warrant a new application.

• The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings, subject to compliance with Article IX, Concurrency Management.

The written request must be received by the City Manager with adequate time to schedule it for a Council meeting. The developer shall provide the request at least thirty (30) days prior to the scheduled site plan expiration.

C)

Residential Development or Subdivision Construction Process:

1)

Preconstruction Conference: Following approval of the Final Construction Plan, the developer shall submit a completed preconstruction checklist and have a meeting with Staff and designated City inspector. The State Planning Agency shall be notified of any Preconstruction Meetings for any project proposed in the Green Swamp. Upon acceptance by the City of all applicable permits and related documents, building permits may be obtained for construction of improvements as shown on the Final Construction Plans. Following approval of a Final Construction Plan, there shall be no deviation from the approved plan unless a revised plan is submitted, reviewed, and approved as provided in this Section.

2)

Certificate of Completion: Upon completion of the site improvements, an inspection shall be scheduled by the Staff. The developer must also submit the following documents:

a)

Engineer's certification of completion letter (signed and sealed by a professional engineer).

b)

Surveyor's certification of completion letter (signed and sealed by a professional land surveyor).

c)

Two (2) sets of as-built drawings (signed and sealed).

d)

A two-year maintenance guarantee covering all site improvements (in the amount of one hundred fifteen (115) percent).

• Certified utility cost (signed and sealed by a professional engineer).

• "Bill of Sale" — water system.

• "Bill of Sale" — wastewater system.

• Copy of signed contract for site work.

• Letter from DEP indicating acceptance of permitted work.

• Letter from SJRWMD indicating acceptance of permitted work.

• Certification for backflow preventer.

e)

Appropriate Gopher Tortoise permit letter, if applicable.

f)

FDOT driveway connection permit letter, if applicable.

g)

Lake County driveway connection permit letter, if applicable.

Authority granted by approval of a Preliminary or Final Construction Plan shall not be construed as authority for the transfer of title of lots in reference to said Plans, nor as authority for obtaining building permits, nor for the recording of a plat with Lake County.

D)

Residential Development or Subdivision Final Plat Process (if applicable):

1)

Final Plat. The developer shall provide the City Manager with five (5) paper copies for review. These sheets shall be sized as required for recording by the State of Florida and/or the Lake County Clerk of the Courts. Plats shall meet all of the requirements of F.S. Ch. 177, and shall be so certified by a land surveyor registered in the State of Florida. If necessary, the final plat shall also be in compliance with Chapter 8, the Floodplain Management Code, of the Code of Ordinances. If a government survey corner is used to conduct the surveys for the plats, a copy of the comer record shall be resubmitted along with the plats for approval. All plats to be recorded shall contain the required plat certificates. When previously platted lands are proposed for replatting, it will be necessary that the existing plat, or portion thereof, be vacated pursuant to F.S. Ch. 177, subsequent to recordation of the new plat. Final Plats in the Green Swamp shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2) and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

2)

Required Information. The plat shall constitute only that part of the approved development plan for which improvements are to be or have been installed and accepted by the City. A plat may be submitted for which all improvements have not been completed, installed and/or accepted by the City; however, a performance bond or letter of credit in the amount of one hundred twenty (120) percent of the cost of any improvements that have not been accepted by the City, must accompany the plat submittal. The final plat application shall comply with the requirements of F.S. Ch. 177, as amended from time to time, and shall include the following, in addition to information regarding concurrency under this Land Development Code and any required information regarding floodplain management under the Code of Ordinances:

a)

Homeowners' or Property Owners' Association Documents. Prior to recordation of the final plat, a homeowners' or property owners' association shall be established for purposes of providing, at a minimum, street lights, owning and maintaining all common areas including stormwater management facilities, parks, entranceways, as approved. These documents shall be submitted to and reviewed by Staff and the City Attorney.

b)

Deed Restrictions and Covenants. The developer shall provide five (5) copies of all deed restrictions effecting the subdivision. These deed restrictions shall be recorded in the official records of Lake County. These documents shall be submitted to and reviewed by Staff and the City Attorney.

c)

Private Streets. A subdivision, requesting to have private streets, must have enforceable legal documents establishing the owner's association, and creating binding restrictive covenants. These documents must provide for a means of enforcing any and all assessments levied by the association, in order to financially provide for the continuing care and maintenance of the streets. These documents shall be submitted to, reviewed by, and approved by the City Attorney. Appropriate provision must be made for the uncontested utilization of the private streets by those governmental agencies, such as the Mascotte Police Department, Fire Department, ambulance and other governmental agencies, which may, from time-to-time need to travel over or across said private streets. In addition, private streets shall be subject to the City's jurisdiction in establishing such speed limits and traffic control devices as deemed necessary and appropriate by the City.

d)

Surety for Improvements. This is only required if platting is requested prior to installation of all improvements and acceptance of same by the City. Prior to the recordation of any final plat, the subdivider shall file with the City Council an adequate performance guarantee such as a performance bond or escrow agreement funded by cash, cashier's check or a certified check upon a local bank, conditioned to secure the construction of the required improvements in a satisfactory manner to the City and within a time period specified by the City Council. No such performance guarantee shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to one hundred twenty (120) percent of the cost of all improvements required to be installed by the subdivider. The amount of the performance guarantee shall be based on the project engineer or record's certified estimate of the cost of improvements or upon actual contract costs for installing the improvements as referenced by a signed contract between the developer and the site contractor. This performance guarantee should be reviewed and approved by both the City Engineer and the City Attorney.

e)

Warranty Deed. For public site dedications (i.e. school site or park site).

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2009-05-479, § 2, 5-18-09; Ord. No. 2010-01-483, § 2, 2-1-10; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-12-510, § 5, 12-17-12; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17; Ord. No. 2017-11-575, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-588, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018.

This section addresses any renovation or expansion of a non-residential building or multi-family residential building. Renovation or expansion of single-family residential buildings shall be reviewed and permitting through the building permit process. This section shall only apply to an addition or improvement to real property that is less than fifty (50) percent of a change to the structure and site. All redevelopment fifty (50) percent and over must go through the applicable residential or commercial process, unless otherwise specified in this Land Development Code. Other than single-family residential dwellings, all renovation or expansion, within the Green Swamp must go through the applicable residential or commercial process. Percent change shall be measured by building footprint floor area (square feet), net livable or net leasable floor area (square feet), land area (square feet), and/or value of real property, being land and buildings (dollars), as determined by the City Manager.

A)

Renovation or Expansion Plan Process:

1)

Development Inquiry Made. Inquiries about projects are submitted to the City Manager, who, after consultation with Staff, will notify the applicant as soon as possible as to how the matter will be answered and/or how best to move forward.

2)

Pre-Application Conference. Each applicant may meet with Staff at a pre-application review conference before preparing a Renovation or Expansion Plan. In this way, the developer can become familiar with the requirements and development policies of the City, which may affect the proposed development.

3)

Submission of Renovation or Expansion Plan. The developer (applicant) shall submit to the City Manager, five (5) copies of the Renovation or Expansion Plan, the Application, and fee(s). (See Article V for Design Standards.) This plan shall be prepared as specified in the regulations in this section.

4)

Staff Review. The City Manager shall distribute copies of the Renovation or Expansion Plan to Staff and applicable State, County and Municipal agencies. Staff members shall individually review the Preliminary Plan and submit written comments to the City Manager. The developer shall make the changes necessary and submit a revised Redevelopment Plan, if required.

5)

Renovation or Expansion Plan Requirements. The Renovation or Expansion Plan shall include the information as discussed below, in addition to information which may be required by the Floodplain Management Code of Chapter 8 of the Code of Ordinances and Articles V and VIII of this Land Development Code. Notes should be used whenever possible, on the plan, to explain, verify or identify additional information that is important to the understanding of the site and the plan of development.

a)

Existing Conditions. The following information regarding existing conditions on and off the site shall be shown: boundary lines, location, distance, and bearings for boundary lines, and the width and purpose of all easement lines. The boundary lines of the tract shall be clearly delineated by a heavy solid line.

b)

Setbacks.

• All setbacks from streets and highways shall be illustrated.

• The applicable setbacks for the zoning district shall be indicated by the use of notes.

• All setbacks on irregular shaped lots shall be illustrated.

• The line of natural water bodies shall be illustrated.

c)

Existing Streets. The name, location and right-of-way width of all existing streets, rights-of-way and platted streets shall be shown.

d)

Water and Sewer. The proposed method and source of water supply and sewage disposal shall be shown. Any necessary easements shall be shown on the plan, as appropriate. The developer shall show the points of connection to the existing system.

e)

Additional Information. Proposed vacation of rights-of-way and/or easements are to be addressed.

i)

Appropriate fees.

ii)

Existing site plan.

iii)

A location map. (It should be of sufficient detail streets, lakes, or other landmarks to locate the property.)

iv)

Elevations of the existing building(s) and Proposed Building elevations.

v)

Floor plan of existing building(s) and proposed building floor plans.

vi)

Signage, both on the building and monument.

vii)

Landscape (identification of planting areas and types of plantings).

viii)

Proposed site plan, including parking, buffering, landscaping, and stormwater requirements.

ix)

ADA requirements stated and how they will be addressed.

x)

Tree survey.

xi)

Existing appraised and/or assessed valuation of real property (land and improvements) and value of proposed real property improvements.

B)

Renovation or Expansion Plan Review Process: The Renovation or Expansion Plan will be reviewed by the Staff, and, if found to be in compliance with the Land Development Code, will be approved by the Staff. The City Manager will notify the applicant that the Redevelopment Plan is approved and the applicant can proceed through the building permit process.

C)

Final Construction Process: The project will follow all building and planning requirements and processes for (but not limited to) the following:

• Permitting.

• Inspections.

• Site visits and evaluations.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-12-510, § 5, 12-17-12; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17; Ord. No. 2017-11-575, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-588, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018.

This process is intended for commercial and industrial developments, as well as multi-family (apartment) developments, that do not create any new lots and do not create any new public streets.

Commercial and industrial projects that are more than a single building on a single site or more than thirty thousand (30,000) square feet of building footprint floor area will be required to be developed under the Planned Unit Development (PUD) process.

A)

Commercial and Industrial Development Site Plan Process:

1)

Development Inquiry Made. Inquiries about projects are submitted to the City Manager, who, after consultation with Staff, will notify the applicant as soon as possible as to how the matter will be answered and/or how best to move forward.

2)

Pre-Application Conference. Each applicant may meet with Staff before preparing a Site Plan. In this way, the developer can become familiar with the requirements and development policies of the City, which may affect the proposed development. The State Planning Agency shall be notified of any Pre-Application Conferences for any project proposed in the Green Swamp.

3)

Submission of Site Plan. The developer (applicant) shall submit to the City Manager five (5) copies of the Site Plan, including Building Floor Plans and Elevations, a digital copy in pdf format, the Application, and fee(s). (See Article V for Design Standards.) This plan shall be prepared as specified in the regulations in this Site Plan section. Within the Green Swamp, the "Green Swamp Development Assessment", as required by Section 3.10, Part B, of this Code (Green Swamp Overlay Area), shall be part of the Site Plan.

4)

Staff Review. The City Manager shall distribute copies of the Site Plan to Staff and applicable State, County and Municipal agencies including the State Planning Agency for projects in the Green Swamp. Staff Members and the State Planning Agency, where applicable, shall individually review the Site Plan and submit written comments to the City Manager. The developer shall make the changes necessary and submit a revised Site Plan, if required.

5)

Action by the City Council. After Staff reviews the Site Plan, the public hearing before the City Council shall be held. The City Council shall approve, shall approve subject to conditions, or disapprove the Site Plan. In approving or approving with conditions any Preliminary Plan, the City Council shall also make a finding that the Plan is consistent with the Comprehensive Plan. In disapproving any Site Plan, the City Council shall provide reasons for such action. Any Site Plan approved by the City Council in the Green Swamp shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to Section 380.07(2), Florida Statutes, and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

6)

Preliminary Site Plan approval by the City Council shall be automatically voided if a building permit for construction is not issued with one (1) year from the date of approval of the Site Plan. The developer shall have the burden of timely applying for an extension and providing in his/her request satisfactory evidence that (s)he satisfies the criteria for an extension as set forth herein. Failure to do so shall result in a loss of any vested rights, and any Certificates of Concurrency shall be void. The City Council may grant a time extension, for a maximum of one (1) additional year, upon written request by the developer to the City Manager. The written request must be received by the City Manager with adequate time to schedule it for a Council meeting. The developer shall provide the request at least thirty (30) days prior to the scheduled site plan expiration.

7)

Extensions. The City Council may extend for a period of twelve (12) months the date when a site development order (Site Plan) would otherwise expire if it concludes that:

a)

The site development order has not yet expired.

b)

The site development order recipient has proceeded with due diligence and in good faith.

c)

Conditions have not changed so substantially as to warrant a new application.

d)

The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings, subject to compliance with Concurrency Management.

8)

Site Plan Requirements. The site plan shall include the information as discussed below, in addition to information which may be required by the Floodplain Management Code of Chapter 8 of the Code of Ordinances and Articles V and VIII of this Land Development Code. Notes should be used whenever possible, to explain, verify or identify additional information that is important to the understanding of the site and the plan of development.

9)

Site Plan Drawings. The plan sheet size shall be no greater than twenty-four (24) inches by thirty-six (36) inches. Plans including more than one (1) sheet shall provide a key map relating sheets to the entire planned area. The information required on the face of this sheet should be positioned in one (1) of three (3) places: in the title block, on the location sketch or on the plotting design scheme. The requirements of each of the above are detailed below.

a)

Title, Legend and Location Block. The title of the proposed project, the name and address of the owner and the name and address of the engineer, surveyor and any other professional consultants engaged to prepare and design the plan shall be included. The date, revision dates, graphic scale of plans, north arrow, current zoning, and site area in acres or portions thereof shall also be included along with the section, township and range in which the subject property is located.

b)

Location Sketch. A sketch showing the general location of the site in relation to the surrounding area shall be placed on the sheet. The location sketch shall be oriented the same direction as the plotting design. It also shall be drawn to a scale large enough to show the relationship of the tract to existing and proposed community features, such as major thoroughfares, schools, recreation areas, shopping and industrial areas. An appropriate scale is one (1) inch equals two thousand (2,000) feet.

c)

Design. The design scheme shall be drawn to a scale no smaller than one (1) inch equals one hundred (100) feet. The plan shall also show the existing conditions and proposed development features as described below.

d)

Existing Conditions. The following information regarding existing conditions on and off the site shall be shown: boundary lines, location, distance, and bearings for boundary lines, and the width and purpose of all easement lines. The boundary lines of the tract shall be clearly delineated by a heavy solid line.

• Setbacks.

• All setbacks from streets and highways shall be illustrated.

• The applicable setbacks for the zoning district shall be indicated by the use of notes.

• All setbacks on irregular shaped lots shall be illustrated.

• The line of natural water bodies shall be illustrated.

e)

Setbacks.

• All setbacks from streets and highways shall be illustrated.

• The applicable setbacks for the zoning district shall be indicated by the use of notes.

• All setbacks on irregular shaped lots shall be illustrated.

• The line of natural water bodies shall be illustrated.

10)

Phasing. Where the project is to be built in phases, illustrate the divisions of the various phases. Phasing divisions shall be established according to natural or manmade boundaries, including, but not limited to, wetlands, lakes, parks, and roads.

11)

Physical/Environmental Conditions. The topographical features that exist on the property shall be depicted on the plan or may be shown on separate sheets. When a separate sheet is used, the site layout must be shown.

a)

Topographic information. Existing contours at one (1) foot intervals based on field surveys or photo-grammatic survey extending a minimum one hundred (100) feet beyond the tract boundary. The topographic survey shall be certified by a land surveyor, registered in the State of Florida.

b)

Soils information. Identification of on-site soils shall be drawn on the face of the plan using the Soil Survey of Lake County Area, Florida. An applicant may challenge this determination by demonstrating (through the testing of a geotechnical engineer) that the identified soils are not classified correctly. If the above determination is concurred with by the Staff, then these alternative soil determinations will be used in preparing the site plans.

c)

Wetlands Survey. If present on the subject property or on an adjoining property within fifty (50) feet of the boundary of the subject property, wetlands shall be delineated by a qualified professional using methods prescribed by the Florida Department of Environmental Management and/or the United States Army Corps of Engineers. The delineation shall be located, measured, and placed on the face of the plan by a land surveyor registered in the State of Florida.

d)

Floodplain Management Information. The applicant shall submit all information required by the Floodplain Management Code of Chapter 8 of the Code of Ordinances.

e)

Flood Zone Data. Data shall be shown for all development within the City of Mascotte in accordance with the Floodplain Management Code of Chapter 8 of the Code of Ordinances.

f)

Tree Survey. A Tree Survey shall identify all trees six (6) inches in diameter at breast height (DBH) or greater except for those listed in Article VI as undesirable. The trees shall be overlaid on the site plan with an accompanying legend denoting size and species (common name) and whether the tree is proposed to be saved or removed.

g)

Other Existing Improvements.

• Existing vehicle accommodation areas designating surface material and showing the layout of existing parking spaces and direction of travel lanes, aisles, or driveways.

• Existing streets, private roads, sidewalks, and other walkways on the site and in the surrounding area.

• Existing curbs and gutters, curb inlets and curb cuts, and drainage grates.

• Existing other stormwater or drainage facilities, including manholes, pipes, and drainage ditches.

• Existing underground utility lines including water, sewer, electric power, telephone, gas, cable television, indicating size where applicable.

• Existing above ground utility lines, street lights and other facilities.

• Existing fire hydrants.

• Existing buildings, structures, and signs, with dimensions.

• Existing exterior light fixture locations.

• Existing dumpster locations.

• Existing land use of the property and surrounding area.

12)

Existing Streets. The name, location and right-of-way width of all existing streets, rights-of-way and platted streets shall be shown.

13)

Proposed Driveways. The information listed below shall be provided for proposed driveways.

a)

Driveway width, slope, and curve radii.

b)

Driveway pavement section.

c)

Streets which are adjacent to the property.

d)

The projected average daily traffic (ADT) and peak traffic (total and directional) from the development shall be shown. The trip generation shall be based upon trip generation rates contained in the latest publication of the Institute of Transportation Engineers (ITE) Manual.

e)

Buffers between the streets and abutting lots shall be shown.

14)

Water and Sewer. The proposed method and source of water supply and sewage disposal shall be shown and be in accordance with the City of Mascotte requirements for water and wastewater. Any necessary easements shall be shown on the site plan. The developer shall show the points of connection to the existing system, including the material, diameter, and depth of all pipes and fittings.

15)

Other Proposed Improvements.

a)

Parcel dimensions, including widths. Front, side and rear yards shall be designated.

b)

Location and dimensions of all buildings and signs on the property, as well as the setbacks.

c)

Principal building elevations showing building heights and proposed sign areas.

d)

Areas intended to remain as usable open space. The plans shall clearly indicate whether such open space areas are intended to be offered for dedication to public use or to remain privately owned.

e)

Curbs and gutters, curb inlets and curb cuts, drainage grates, including proposed pavement and/or top of curb elevations.

f)

Other stormwater or drainage facilities, including manholes, pipes, drainage ditches, retention ponds, etc.

g)

Drainage calculations.

h)

Sidewalks and walkways, showing widths, slopes, and surface material.

i)

Underground and above ground utility lines, street lights and facilities.

j)

Parking lot lighting, including location and height of poles.

k)

Dumpsters.

l)

Spot elevations within improved (paved) areas and proposed contour lines resulting from earth movement in unimproved (unpaved) areas.

m)

Location, dimensions, and materials of all signs, fences, etc.

n)

Vehicle accommodation areas, including parking areas, loading areas and circulation areas; all designated by surface material and showing dimensions and layout of proposed parking spaces and the dimensions and direction of travel lanes, aisles, and driveways. Also include total square feet of off-street parking area, parking landscape area requirement, the number of spaces, including required handicapped spaces, and calculations for determining parking demand.

16)

Landscape Plan. Proposed landscape planting to comply with the landscape and buffer requirements of Article VI, Plans shall label shrubbery by common name, show the distance between plants and indicate the height at the time of planting and expected mature height and width. Plans shall label trees by common name, show the circles of the mature crowns (major trees shall be drawn at diameter of approximately thirty (30) feet; dwarf or decorative trees shall be drawn at their actual mature crown), and indicate the height at the time of planting. A table indicating buffer type, plant type, plant quantity and size at time of planting shall be included on the plan. Detailed irrigation plan shall also be provided. For developments greater than five acres in size, the landscape and irrigation plans shall be prepared by a person registered as a landscape architect and all landscape plan sheets shall be signed and sealed.

17)

Building Plans. Building floor plans and elevation plans. When requested by the Staff, building elevation plans shall be in color.

18)

Additional Information.

a)

Proposed vacation of rights-of-way and/or easements are to be addressed.

b)

Proposed building locations, dimensions and uses.

c)

Maximum building height (stories and feet) for each proposed structure.

d)

Acreage and percentage of common open space shall be a minimum of twenty-five (25) percent, or as required by this Code and the Comprehensive Plan.

e)

Pedestrian and bike path facilities layout.

f)

Identification of and plans for all off-site roadway improvements to be provided in connection with the development.

g)

Number of parking spaces required by ordinance and the location of all parking spaces provided. Parking areas shall be paved (unless a waiver is approved) and designed with regard to pedestrian safety and include adequate street lighting facilities.

i)

A detailed Traffic Study (when required by the Staff) identifying existing levels of service on surrounding roads and intersections in the vicinity of the project together with proposed improvements to be made to maintain adequate levels of service and minimize impacts to the overall transportation system of the City.

B)

Approval of the Site Plan shall be construed as authority for the issuance of permits to construct improvements or for the issuance of building permits, subject to the approval of building permit applications and receipt by the City Manager of evidence of approvals required from other State and Local agencies.

C)

Commercial and Industrial Development Construction Process:

1)

Preconstruction Conference: Following approval of the Site Plan, the developer shall submit a completed preconstruction checklist and have a meeting with Staff and designated City inspector. The State Planning Agency shall be notified of any Preconstruction Meetings for any project proposed in the Green Swamp. Upon acceptance by the City of all applicable permits and related documents, building permits may be obtained for construction of improvements as shown on the Site Plans. Following approval of a Site Plan, there shall be no deviation from the approved plan unless a revised plan is submitted, reviewed, and approved as provided in this Section.

2)

Certificate of Completion: Upon completion of the site improvements, an inspection shall be scheduled by the Staff. The developer must also submit the following documents:

a)

Engineer's certification letter (signed and sealed by a professional engineer).

b)

Surveyor's certification letter (signed and sealed by a professional land surveyor).

c)

Two (2) sets of as-built drawings (signed and sealed).

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2009-05-479, § 2, 5-18-09; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-12-510, § 5, 12-17-12; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17; Ord. No. 2017-11-575, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-588, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018.

Editor's note— Ord. No. 2017-11-575, § 2(Exh. A), adopted November 14, 2017, repealed § 4.6. Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendment as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018. The former § 4.6 pertained to industrial development and derived from Ord. No. 2017-01-556, § 5(Exh. B), adopted March 20, 2017.

The primary intent of Planned Unit Development is to provide for planned residential communities and non-residential or mixed-use developments containing a variety of structures and diversity of building arrangements.

Planned Unit Developments are not allowed in the Green Swamp.

A)

PUD Development Preliminary Site Plan Process:

1)

Development Inquiry Made. Inquiries about projects are submitted to the City Manager, who, after consultation with Staff, will notify the applicant as soon as possible as to how the matter will be answered and/or how best to move forward.

2)

Pre-Application Conference. Each applicant shall meet with Staff at a pre- application review conference before preparing a Preliminary PUD Plan. In this way, the developer can become familiar with the requirements and development policies of the City, which may affect the proposed development.

3)

Submission of Preliminary PUD Plan. The developer (applicant) shall submit to the City Manager five (5) copies of the Preliminary Plan, a digital copy in pdf format, the Application, and fee(s). (See Article V for Design Standards.) This plan shall be prepared as specified in these regulations.

4)

Staff Review. The City Manager shall distribute copies of the Preliminary PUD Plan to Staff and applicable State, County and Municipal agencies including the Lake County School Board. (The School Board shall review residential site plans only.) Staff and the Lake County School Board, where applicable, shall individually review the Preliminary PUD Plan and submit written comments to the City Manager.

The developer shall make the changes necessary and submit a revised Preliminary PUD Plan, if required.

5)

Action by the City Council. After Staff reviews the Preliminary PUD Plan, the scheduled public hearing shall be held by the City Council. The City Council shall approve, shall approve subject to conditions, or disapprove the Preliminary Site Plan. In approving or approving with conditions any Preliminary Site Plan, the City Council shall also make a finding that the Preliminary Site Plan is consistent with the Comprehensive Plan. In disapproving any Preliminary PUD Plan, the City Council shall provide reasons for such action.

6)

Expiration of Preliminary PUD Plans. Unless otherwise provided in a development agreement, a preliminary PUD plan shall be automatically voided if the Final Site Construction Plan (for either the entire project or the approved first phase) is not approved within three (3) years from the date of approval of the Preliminary PUD Plan. The City Council may grant a time extension, for a maximum of one (1) year, upon written request by the developer to the City Manager. The developer shall have the burden of timely applying for an extension and providing satisfactory evidence in his/her request that (s)he satisfies the criteria for an extension as set forth herein. Failure to do so shall result in a loss of any vested rights, and any Certificates of Concurrency shall be void. The written request must be received by the City Manager with adequate time to schedule it for a Council meeting.

7)

Extensions. The City Council may extend for a period of twelve (12) months the date when a site development order (Preliminary PUD Plan) or development agreement would otherwise expire if it concludes that:

a.

The site development order or development agreement has not yet expired.

b.

The developer has proceeded with due diligence and in good faith.

c.

Conditions have not changed so substantially as to warrant a new application.

d.

The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings.

8)

Preliminary PUD Plan Requirements. In addition to the requirements listed below, the Preliminary PUD Plan shall include all of the applicable information, drawings, and other documentation, as required for a Residential Development or Subdivision Preliminary Plan and as required for a Commercial or Industrial Development Site Plan.

Approval of the Preliminary PUD Plan shall be construed as authority for submitting the Final PUD Construction Plan. Approval of the Preliminary PUD Plan shall not be construed as authority for the issuance of permits to construct improvements or for the issuance of building permits.

B)

PUD Development Final Construction Plan Process:

1)

Submission of Final PUD Construction Plans. The Final PUD Construction Plan shall conform substantially to the Preliminary PUD Plan as approved, and may constitute only that phase of the approved Preliminary PUD Plan and other necessary improvements which the developer proposes to develop. The plans shall also conform to all requirements of these and other adopted City regulations.

The developer may request a Final PUD Construction Plan Pre-Submittal Meeting with Staff to answer questions, review required inclusions and the process.

The developer shall submit to the City Manager ten (10) copies of the Final PUD Construction Plans, two (2) copies of the specifications for paving, drainage, utility systems and other improvements, if any, a digital copy in pdf format of all documents submitted, along with the fee. (See Article V for Design Standards.)

2)

Staff Review. The City Manager shall distribute copies of the Final PUD Construction Plans to Staff and other appropriate parties who will individually review the plans and submit written comments. The developer shall make the changes necessary and submit a revised Final PUD Construction Plan, if required.

a)

After review and approval of the Final Site Construction Plan, Staff will set up a preconstruction meeting.

b)

If the Staff determines that substantial changes have been made from the City Council approved Preliminary PUD Plan, the plans will be forwarded to the City Council for approval at a public hearing.

3)

Final Site Construction Plan Requirements. The Final PUD Construction Plan shall include all of the applicable information, drawings, and other documentation, as required for a Residential Development or Subdivision Final Construction Plan and as required for a Commercial or Industrial Development Site Plan.

4)

Approval of the Final PUD Construction Plan shall be automatically voided if construction has not commenced within three (3) years from the date of Final PUD Construction Plan approval. The developer shall have the burden of timely applying for an extension and providing satisfactory evidence in his/her request that (s)he satisfies the criteria for an extension as set forth herein. Failure to do so shall result in a loss of any vested rights, and any Certificates of Concurrency shall be void. The City Council may grant a one (1) year extension upon written request by the developer to the City Manager, provided that:

• The plans still comply with current regulations;

• The site development order or development agreement has not yet expired;

• The developer has proceeded with due diligence and in good faith;

• Conditions have not changed so substantially as to warrant a new application.

• The City Council may grant successive extensions for periods up to twelve (12) months upon the same findings, subject to compliance with Concurrency Management.

The written request must be received by the City Manager with adequate time to schedule it for a Council meeting. The developer shall provide the request at least thirty (30) days prior to the scheduled site plan expiration.

C)

PUD Development Construction Process: The PUD Development Construction Process shall be the same, as applicable, as the Residential Development or Subdivision Construction Process and the Commercial and Industrial Development Construction Process.

D)

PUD Development Final Plat Process (if applicable): The PUD Development Final Plan Process, if applicable, shall be the same as the Residential Development or Subdivision Final Plat Process.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2009-05-479, § 2, 5-18-09; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2012-05-505, § 2, 5-21-12; Ord. No. 2012-12-510, § 5, 12-17-12; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17; Ord. No. 2017-11-575, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-588, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018.

Rezoning of Property being developed shall occur at the same time that the Preliminary Plan process is taking place with the Preliminary Plan, Elevations and Developer's Agreement being attached to the Rezoning Ordinance. The rezoning of property will follow Florida State Statute requirements.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

The City Council may grant a variance from the terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. In approving any variance, the City Council may prescribe appropriate conditions and safeguards in conformity with 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.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08)

A)

Generally. The City may approve a minor lot split of a legally created lot that conforms to the requirements of this Land Development Code. An applicant for a minor lot split shall have six (6) months from the date the application is submitted to the City to finalize the lot split. No extensions shall be permitted.

B)

Initial Submittal. The City shall consider a proposed minor lot split upon the submittal of the following materials:

1)

An application form provided by the City.

2)

One (1) paper copy of the proposed minor lot split.

3)

A statement indicating whether water and/or sanitary sewer service is available to the property.

4)

Soils map showing the proposed minor lot split boundaries overlain.

5)

Two (2) aerial photographs no older than the most recent aerials available from Lake County GIS showing the proposed minor lot split boundaries overlain.

6)

Current property record card for the subject property.

7)

Current warranty deed for the subject property.

8)

Federal Emergency Management Agency (FEMA) flood insurance map with property boundaries overlain.

C)

Review Procedure.

1)

The City Manager or designee shall transmit a copy of the proposed minor lot split to any other appropriate departments of the City for review and comments. Applications with the Green Swamp shall be submitted to the State Planning Agency for review and comments.

2)

If the proposed minor lot split meets the conditions of these regulations and otherwise complies with all applicable laws and ordinances, the City Manager or designee shall approve the minor lot split.

3)

The applicant may be required to provide other information as requested by the City Manager or designee.

D)

Standards. All minor lot splits shall conform to the following standards:

1)

Only two (2) lots may be created from the original legally created lot or lot of record. The total number of lots created shall include the original parcel. The original parcel shall be known as the parent parcel and those lots created out of the parent parcel shall not be entitled to another minor lot split.

2)

Each lot shall either (1) front on a publicly maintained paved road and conform to the required minimum lot dimensions for the land use category and zoning district where the lots are located OR (2) contain a minimum of ten (10) acres with at least one (1) acre of uplands AND front on a publicly-maintained roadway.

3)

If any lot abuts a publicly-maintained road that does not conform to the right-of-way specifications provided or adopted by reference in these regulations, the owner may have to dedicate the required right-of-way width necessary to meet the minimum design if satisfying the criteria set forth in this Code.

4)

The creation of a lot wholly within the 100 year flood zone is prohibited.

5)

Flag lots are prohibited.

6)

A minor lot split shall not be approved within a platted subdivision when such lot split changes the character of the subdivision, or where the lot split increases the density, beyond the general nature of the subdivision.

7)

All other Sections of the Land Development Code, and all requirements of the Comprehensive Plan shall apply.

E)

Final Submittal. Prior to final approval, in addition to any other requirements the following shall be required:

1)

Legal descriptions, acreage and square footage of the original and proposed lots together with the legal description of any existing or proposed easements shall be shown on a boundary survey prepared by a professional land surveyor registered in the State of Florida. In the event the proposed lot split contains parcels greater than twenty (20) acres in size, a sketch of description for the land area containing such parcels shall be accepted instead of a boundary survey. However, a boundary survey shall be required for the land area containing parcels ten (10) acres or less in size. The survey must show all structures, easements, surface water bodies, flood zones with base elevation, wetlands and amount of acreage inside and outside of the wetland jurisdiction line.

2)

A title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company dated through the date of final approval, showing all persons or entities with an interest of record in the property, including but not limited to, the record fee owners, easement holders, mortgage and lien holders. The report shall include the tax identification number(s) for the property and copies of all documents such as deeds, mortgages etc. referenced in the title opinion.

3)

Recordation. Upon approval of the minor lot split, the City shall record the minor lot split on the appropriate maps and documents, and shall, at the applicant's expense, record the minor lot split in the public records of Lake County, Florida. Any final minor lot split in the Green Swamp shall be rendered to the State Planning Agency and shall not be recorded until a review has been conducted pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2010-01-482, § 2, 2-1-10; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17; Ord. No. 2017-11-575, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-588, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018.

A)

Recombination of Lots and "Lot Combination Agreement". Previously platted lots shall not be required to replat as a subdivision, and may be reunited as one (1) lot, when the owner executes and records a "lot combination agreement" and meets the following requirements:

1)

Residential and Commercial (non PUD): The combination of previously platted lots shall not be required to replat as a subdivision if the owner of the lots executes and records a lot combination agreement in a form acceptable to the City. No lot combination agreement shall be allowed if the property includes more than three (3) lots, has a total area greater than one (1) acre, would involve combining only a portion or fractional part of a platted lot, and is located in a residential zoning.

2)

PUD: If the Lot Combining is a part of a Planned Unit Development any criteria and restrictions will be addressed through the Developer's Agreement and a "lot combination agreement" will not be required.

3)

Commercial/Industrial/Commerce: The combination of previously platted lots into one (1) lot for commercial/industrial/commerce purposes will be allowed when developed as a Planned Unit Development that incorporates the "lot combination agreement" into the PUD Developer's Agreement.

B)

Recording and Recombining the Lots. Once the City Council has approved the recombination of lots the City Clerk will record the "Lot Combination Agreement" with the Lake County Clerk of Courts. Upon the "Lot Combination Agreement" becoming recorded with the Lake County Clerk of Courts, the City Clerk will forward a copy via certified/return-receipt mail to the Lake County Property Appraiser's office with a copy of the recorded agreement sent to the applicant.

C)

Provisions applicable to vacant lots nonconforming in size. The provisions of this Section are applicable to Section 3.20.C), relating to adjacent vacant nonconforming lots in single ownership.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, § 1, 8-4-08)

A request for a conditional use permit pursuant to the specific provisions of this Code may be initiated at any time by the land owner including his duly authorized agent, of the land for which the conditional use is requested.

An application shall be made on standard forms provided therefore, and shall be submitted with the appropriate fee to the City Manager. The application shall be signed by the applicant or his agent, such signature being verified under oath.

A)

Review of Application:

1)

After the application is determined to be complete, it shall be forwarded to Staff members. Staff shall review all conditional use applications and prepare reports which apply the criteria set forth in this Land Development Code to the applications. Where applicable, each report shall show that the staff member has considered the applicable criteria for conditional uses set forth in this Land Development Code. Applications for conditional uses within the Green Swamp shall be forwarded to the State Planning Agency for review and comment.

2)

The application for conditional use permit shall be considered by the City Council at a public hearing after due public notice. Following completion of the public hearing, the City Council shall approve, disapprove, amend and approve the proposal, or approve the proposal with conditions. Any action taken shall be accompanied by the findings of the City Council upon which the action was based. Conditional use permit applications approved by the City Council in the Green Swamp shall be rendered to the State Planning Agency and shall not become effective until a review has been conducted pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

3)

In approving a conditional use, the City Council may attach appropriate conditions to ensure compliance with the provisions of this Code. Such conditions may limit the uses, size of uses or structure, or characteristics of the operation of a use, or may require buffers, landscaping, or other improvements not normally required. Conditions may also require the periodic review of the use.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, § 1, 8-4-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17; Ord. No. 2017-11-575, § 2(Exh. A), 11-14-17; Ord. No. 2018-09-588, § 2(Exh. A), 9-26-2018)

Editor's note— Ord. No. 2018-09-588, § 2(Exh. A), adopted September 26, 2018, enacted the same amendments as Ord. No. 2017-11-575, but provided an updated effective date of September 26, 2018.

1.

General Requirements:

a.

A development agreement may be entered into by an applicant and the City Council to provide for matters that relate to the unique conditions of the real property to be developed, the relationship between the public and private aspects of the development, or other terms and conditions that promote the intent and purposes of this Code or the Comprehensive Plan. A proposal for a Development Agreement shall be considered in conjunction with the submission of an application for a Preliminary Plan approval, or with PUDs in conjunction with the submission of a preliminary site plan for a PUD zoning and PUD process approval. Development authorized by a development agreement may be phased. The development agreement may provide that the entire development or any phase thereof shall be commenced or completed within a specific period of time so long as any limitations for completion are not inconsistent with State law.

b.

Statutory Development Agreements may be entered into under the authority of the Development Agreement Act as codified in F.S. Ch. 163, and processed in accordance with the requirements of State Law.

c.

Nonstatutory Development Agreements may be entered into under the authority of the home rule powers of the City under Article VIII, Section 2 of the Constitution of the State of Florida and F.S. Ch. 166.

d.

A Development Agreement is transferable. However, so long as the land or structure or any portion thereof covered under the development agreement continues to be used for the purposes for which it was issued, then no person (including successors and assigns of the person who obtained the development agreement) may make use of the land except in accordance with the conditions and requirements of the development agreement. The provisions of the development agreement run with and burden the real property to which it relates until release or amended in accordance with formal action of the City.

2.

Review of Proposed Development Agreement: Nonstatutory and Statutory Development Agreements. The City Manager, his or her designees, and the City Attorney shall prepare or review the proposed development agreement for compliance with the Comprehensive Plan and the Land Development Code. The proposed development agreement will be provided to the City Council at the scheduled public meeting or public hearing. Development Agreements accepted by the City Council in the Green Swamp shall be rendered to the State Planning Agency and shall not become effective until a review has been completed pursuant to F.S. § 380.07(2), and Rule 73C-44.003, Florida Administrative Code, all as amended from time to time.

3.

Reserved.

4.

Reserved.

5.

Recordation:

a.

Nonstatutory Development Agreements. The City Clerk shall record the development agreement with Lake County after execution and pay the costs to record the development agreement. The City will supply a certified copy of the recorded agreement to the applicant.

b.

Statutory Development Agreements. The City Clerk shall record the development agreement with Lake County per the requirements of F.S. Ch. 163, and shall pay the costs to record the development agreement. The City shall provide a certified copy of the recorded development agreement to the Applicant. The City Manager or designee shall submit a copy of the recorded development agreement to the Florida Department of Community Affairs per the requirements of F.S. Ch. 163.

6.

Amendment or Termination of a Development Agreement: A nonstatutory development agreement may be amended or terminated by mutual consent of the parties to the agreement or their successors in interest. Approval of an amendment to or termination of a nonstatutory development agreement shall follow the same process as the approval of the executed development agreement. A statutory development agreement may be amended or terminated per the requirements of F.S. Ch. 163. In addition, an agreement may be revoked by the City Council upon a finding that there has been a failure to comply with the terms of the agreement.

7.

Subsequently Adopted Laws or Policies:

a)

An agreement shall be modified as is necessary to comply with relevant state or federal laws enacted after the execution of the agreement where the effect of such laws is to preclude the parties' compliance with its terms.

b)

The City may apply subsequently adopted local regulations and policies to a development that is subject to a development agreement and a finding that the subsequently adopted regulations or policies meet one (1) or more of the following conditions:

1)

Are not in conflict with the laws and policies governing the development agreement and do not prevent development of land uses, intensities, or densities specified in the development agreement;

2)

Are essential to protect the public health, safety, or welfare, and expressly state that they shall apply to development that is subject to a development agreement;

3)

Are specifically anticipated and provided for in the development agreement;

4)

The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement;

5)

The development agreement was based on substantially inaccurate information or misrepresentations.

8.

Periodic Review:

a.

Nonstatutory Development Agreements: The City may review nonstatutory development agreements as it deems appropriate.

b.

Statutory Development Agreements: The City shall review statutory development agreements per the requirements of F.S. Ch. 163.

(Ord. No. 2008-03-460, (Exh. A), 4-21-08; Ord. No. 2008-07-466, § 1, 8-4-08; Ord. No. 2011-08-498, § 2, 8-15-11; Ord. No. 2017-01-556, § 5(Exh. B), 3-20-17)

Editor's note— Ord. No. 2017-11-575, § 2(Exh. A), adopted November 14, 2017, repealed § 4.14. Ord. No. 2018-09-589 § 2(Exh. A), adopted September 26, 2018, enacted the same amendment, but provided for an effective date of September 26, 2018, which was unspecified in Ord. No. 2017-11-575. Former § 4.14 pertained to special overlay districts and derived from Ord. No. 2008-03-460, (Exh. A), adopted April 21, 2008; Ord. No. 2008-07-466, § 1, adopted August 4, 2008.