The public health, safety, and general welfare of the citizens of the city require the harmonious and orderly development of land within the incorporated area of the city. It is the intent of this chapter for each new subdivision to:

(1)

Conform with minimum standards of subdivision design, established by this chapter, which will result in the development of safe, stable communities, and the prevention of unhealthy living environments.

(2)

Have necessary improvements so that such improvements are not a burden upon taxpayers of the community.

(3)

Have efficient, adequate utilities and services.

(4)

Have safe, adequate and convenient circulation of vehicular and pedestrian traffic.

(5)

Provide adequate protective flood control and drainage.

(6)

Have designs and improvements that control pollution and erosion, safeguarding the natural resources of the city.

(7)

Provide adequate open space, light and air, solar rights, privacy, and recreational areas to prevent overcrowding of the land and undue congestion of the population.

(8)

Provide safety from fire, flood, natural disasters and other dangers.

(9)

Provide reasonable, fair, and uniform application of standards of design and procedures for the subdivision and platting of land.

(10)

Ensure proper legal descriptions and monumenting of subdivided land.

(11)

Preserve the natural beauty and topography of the city.

(12)

Provide for safe and sanitary sewage disposal, adequate potable water supplies and the protection of groundwater.

(LDC 1997, ch. 5, § 1.03)

See section 82-12 of this land development code.

(LDC 1997, ch. 5, § 1.04)

Cross reference— Definitions generally, § 1-2.

(a)

Unlawful activity. It shall be unlawful and subject to the penalties provided in this chapter for any person to:

(1)

Create a subdivision without first complying with the provisions of this chapter and filing a plat approved by the city council unless exempt under subsection (d) of this section.

(2)

Divide property into more than five lots, as further defined in subsection (b)(2) of this section, by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area and width requirements prescribed by the zoning regulations and land use plan of the city as applied to the lots created, unless exempt under subsection (d) of this section.

(3)

Commence the construction of any improvements required under this chapter without first having obtained a development order from the city.

(4)

Fail to construct or maintain improvements in accordance with an approved development order, plat approval or requirements of this chapter.

(5)

Divide any lot or tract that is in a recorded or unrecorded subdivision located within the city limits into a lot or parcel smaller than or inconsistent with the surrounding lots in the subdivision unless approved by the planning and zoning commission as stated in this section.

(6)

Combine lots or parcels to create an aggregate lot without the approval of the DRC.

(7)

Subdivide a site that is already platted. The existing plat must first be vacated.

(b)

Lot splits and minor subdivisions.

(1)

Lot splits. A lot split is any request to divide a lot or tract in such a manner as to make it meet the following criteria:

a.

Only two or fewer lots may be created per original parcel.

b.

Each lot created must meet the minimum area of the zoning classification.

c.

Each proposed lot shall front on a publicly maintained road, or as provided by the city council.

d.

If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in this chapter, the owner shall be required to dedicate the required right-of-way width necessary to meet the minimum design standards.

e.

All proposed lots must meet or exceed the dimensional requirements of this land development code and required easements for utility, drainage, conservation, or other purposes must be delineated for transfer to the city as part of the development order.

f.

Flag lots are not allowed.

g.

All affected lots shall be on city water.

h.

Family homestead. A lot split may be used to convey a parcel to an individual who is the grandparent, parent, stepparent, sibling, child, stepchild, or grandchild of the person conveying the parcel. Such a provision shall apply only once to any parcel and it must meet all criteria required for a lot split.

(2)

Minor subdivisions. A minor subdivision is defined as meeting all of the following criteria:

a.

Original parcel is divided into not more than five lots and not less than three lots.

b.

The proposed division is not part of an overall tract previously approved as a minor subdivision.

c.

All proposed lots must meet or exceed the dimensional requirements of this land development code and required easements for utility, drainage, conservation, or other purposes must be delineated for transfer to the city as part of the development order.

d.

No new streets are proposed or required.

e.

No dedication of access right-of-way, drainage areas, conservation areas or other publicly maintained property is necessary and proposed in order to make the subdivision feasible.

f.

If any lot abuts a publicly maintained road that does not conform to the right-of-way specifications provided or adopted by reference in this chapter, the owner shall be required to dedicate the required right-of-way width necessary to meet the minimum design standards.

g.

Flag lots are not allowed.

h.

All affected lots shall be on city water.

(3)

[Exemptions.] Lot splits shall be exempt from the review and approval of plans and the recording of a plat but shall be reviewed by the planning and zoning commission. The planning and zoning commission shall consider each lot split and minor subdivision request at a public hearing and make recommendations to the city council. Lot split and minor subdivision requests shall be reviewed by city council and the city council shall either approve or deny the request.

(4)

[Required information.] The request for a lot split or minor subdivision must be made on the appropriate form accompanied by the appropriate fee and must include the following information:

a.

Property owner name, address and legal description of property.

b.

Current zoning of subject parcel and whether a rezoning will be required.

c.

Size and number of proposed lots.

d.

Adjacent street name and classification.

e.

Type and square footage of existing buildings on the parcel.

f.

Information regarding adjacent right-of-way or easements.

g.

Boundary and improvement survey.

h.

Source and location of water and sewer facilities.

i.

Title certification by a title opinion of an attorney at law licensed in the state or certification by an abstractor or title company showing that record title to the land as described and shown on the plat is in the name of the person, corporation, or entity executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has record title to the land. The title opinion or certification shall also show all mortgages not satisfied or released of record or otherwise terminated by law. The requirements of F.S. § 177.041, as amended, must be met in this regard.

(5)

[Council review, action.] The city council shall review the request and approve, approve with conditions, or deny the request. The owner or owner's agent must be present at the public hearing. Prior to approval of a lot split or minor subdivision, the city council shall determine that:

a.

No substantial negative neighborhood impacts are anticipated as a result of the split or subsequent similar neighborhood splits or subdivisions.

b.

The resulting lots conform to applicable city zoning requirements and state regulations.

c.

The resulting lots are buildable under current regulations.

d.

No substantial adverse impacts on existing infrastructure are anticipated as a result of the split, subsequent similar neighborhood splits or subdivisions, and the resulting increase in density or intensity of use.

e.

The impacts of the split or potential splits or subdivisions will not degrade adopted levels of service to unacceptable levels, pursuant to the provisions of chapter 90 of this land development code, pertaining to concurrency management.

f.

The applicant certifies that he knows of no recorded deed restrictions or covenants which would prohibit the division or splitting of the lots.

g.

The parcel has not previously undergone a lot split or minor subdivision.

(6)

[Combine without approval.] Combine lots or parcels to create an aggregate lot without the approval of the city manager or his designee.

(c)

Aggregate lots.

(1)

Two or more contiguous lots or parcels may be combined to create one larger lot or parcel, if approved by the city manager or designee.

(2)

Application to create such a lot or parcel shall include a new survey.

(3)

When approving an aggregate lot request, the city manager or designee shall do so by executing a "Notice of City of Minneola's Approval of Aggregate Lots," which shall provide, among other things, that the lot or parcel, if split in the future, must comply with all applicable criteria for the zoning district in which it is located, and that such split must be approved by the city. The executed "Notice of City of Minneola's Approval of Aggregate Lots" shall be recorded in the public records of Lake County, Florida.

(4)

Any easements that exist along the property lines that are to be joined shall be vacated prior to approval.

(d)

Exemptions. The following activities shall be exempt from the provisions of this chapter, unless otherwise noted:

(1)

Boundary settlements. Any conveyance between adjoining landowners if:

a.

The purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners.

b.

The deed of conveyance or other legal instrument states such purpose and is recorded in the official records of the county.

c.

The resulting parcels conform to the applicable zoning district dimensional criteria.

(2)

Conveyance to government. Any division of land for the purpose of conveying land to any federal, state, or local government entity or agency or public utility, provided that such conveyance is accepted by the grantee by an instrument recorded in the public records of the county.

(LDC 1997, ch. 5, § 1.05; Ord. No. 2006-17, § 10, 4-25-2006; Ord. No. 2007-20, § 1, 8-7-2007; Ord. No. 2007-25, § 1, 9-4-2007; Ord. No. 2008-35, § 8, 11-7-2008; Ord. No. 2010-24, § 1, 1-4-2011)

(a)

Improvements required. All subdivisions shall construct a system of roadways and streets to provide access to proposed lots and for the through traffic needs of the project and area. The improvements shall include the complete clearing and grading of all road right-of-way, unless specifically shown otherwise on the approved plans. In addition, any unpaved streets which provide access to the subdivision shall be improved as required in this section with approval by the county and state department of transportation if within their respective jurisdictions.

(b)

Street layout. Streets shall be laid out in consideration of topographic conditions, existing and previously approved streets, proposed roads as reflected in the comprehensive plan, the traffic needs for surrounding land uses, and overall traffic safety. The layout shall specifically be designed as follows:

(1)

A minimum of two points of access shall be provided into each subdivision of 25 lots or more. However, subdivisions providing a double boulevard shall count as two points of access.

(2)

Street jogs with centerline offset of less than 150 feet shall be prohibited.

(3)

All streets that have permanent dead ends shall terminate in culs-de-sac.

(4)

Cul-de-sac streets shall not exceed 1,200 feet in length, unless granted a variance by the city council. The 1,200 feet shall be measured from the point of beginning of the cul-de-sac street to the nearest through street intersecting with the cul-de-sac street.

(5)

Right-of-way line intersections shall be rounded with a minimum radius of 25 feet. A greater radius may be required on collector or arterial roads, or where road construction details require.

(6)

Cul-de-sac right-of-way radius shall not be less than 70 feet, with a pavement radius of not less than 60 feet.

(7)

Alleys shall not be less than 30 feet with a paving width of 20 feet.

(8)

Dead-end alleys shall be prohibited.

(9)

Right-of-way width:

These are generalized width requirements and may be increased at the request of the appropriate jurisdiction if the project fronts on a state or county road.

(10)

Pavement width: Standard pavement widths shall be measured exclusive of curbs and gutters.

(11)

Roads within floodprone areas: The minimum centerline elevation shall be as follows:

(c)

Street design. The subdivision and developments of any area subject to this chapter shall be in conformity with the city's general goals, objective and established city policies and plans.

(1)

Where a subdivision abuts or contains an existing or proposed arterial street, provisions shall be made for access streets as required.

(2)

In the design of streets, turn radii and reverse curves, good engineering design principles shall be used.

(3)

Curvilinear street layouts are strongly encouraged and regimented lot and block patterns are to be avoided.

(4)

There shall be no private streets platted in any subdivision unless stated on the plat of record and approved by the city.

(5)

Half or partial streets shall be prohibited.

(6)

All streets shall be named consistent with the county Ordinance No. 1995-53, as amended. No name shall be used which will duplicate, or be confused with, existing street names in the county. A list of all proposed street names shall be submitted to the county communications division for approval prior to submission of a final plat application. A list of all proposed street names shall also be provided to the city planning and zoning department prior to submission of the final plat application. All streets that align shall, whenever reasonably possible, maintain the same name. However, if the division between aligned streets is more than right-of-way, the street name may be different in the discretion of the city.

(7)

Sidewalks are required on both sides of each street and shall have a minimum width of five feet.

(d)

Easements.

(1)

Utility easements shall be at least 12 feet in width or wide enough to permit proper construction and maintenance of the utilities.

(2)

Drainage easements shall be a minimum of 15 feet in width or wide enough to permit proper construction and maintenance of drainage facilities.

(3)

Pedestrian crosswalks, not less than ten feet wide, shall be required to provide circulation, or access to schools, playgrounds, shopping centers, transportation, adjacent subdivisions, and other community facilities where possible.

(e)

Lot and block standards.

(1)

The lengths, widths and shapes of blocks shall be determined with due regard to providing adequate building sites suitable to the special needs of the type of use contemplated; the zoning requirements as to lot sizes and dimensions; the needs for convenient access, circulation, control and safety of street and pedestrian traffic and fire protection; and the limitations and opportunities of topography, with special emphasis on drainage of the proposed subdivision and the possible adverse effects of that drainage on properties surrounding the subdivision.

(2)

Block lengths shall not exceed 1,200 feet.

(3)

Each lot shall conform to the requirements and regulations of the zoning district in which the subdivision if located.

(4)

Lots on curves shall be platted to provide the minimum required lot width at the building location.

(5)

All corner lots shall be 15 percent wider, when measured at the building setback line, than the minimum width required within the zoning district.

(6)

Lakefront lots shall have minimum back lines of 25 feet from the ordinary high water line or mean annual high water line as promulgated by the county or the appropriate water management district. An approved jurisdictional wetland line shall also be considered as a point of measurement.

(f)

Park and recreation.

(1)

New residential development is required to provide improved active park and recreation areas for capital expansion or pay fees in lieu thereof, because of the growth and population generated by the new development as required by the city comprehensive plan recreation and open space element. This shall be consistent with the minimum level of service acreage requirements applied to anticipated population associated with new development. The level of service standard for recreation space is two acres per 1,000 residents or percentage thereof. The number of residents to be generated by the new residential development shall be determined based on the persons per household figure for the city from the most recent U.S. Census.

(2)

The city council shall make the determination of whether to require or accept fees in lieu of improved active park and recreation areas. In making this determination, council shall consider the following factors:

a.

Topography of the land offered for recreation space;

b.

Size of the development;

c.

Accessibility of area to other recreation facilities;

d.

Accessibility of area to transportation corridor;

e.

Availability of other recreation facilities in area;

f.

Type of development;

g.

Population expected in development; and

h.

Type of recreational facility proposed.

(3)

In order to obtain a determination by council of this decision prior to the preparation and submission of a preliminary plat, the owner or developer may submit the appropriate application to the mayor or designee for consideration by council, who shall, if possible, make such determination within 30 days of receipt of the request.

(4)

Parks and recreation fees collected shall be used to acquire and develop capital facilities within three miles of the new development to benefit the new residents and shall be spent within three years of receipt in order to meet the need for parks created by the development and to provide a system of city parks available to and substantially for the benefit of the residents within the area.

(5)

When improved active park and recreation areas rather than fees are required by the council, the land area and improvements shall be based on the level of service standard as detailed in the active recreation land and improvements plan, as set forth on table 126-1 and the active park and recreational facilities conceptual drawings which are hereby incorporated within this section by reference and which are on file with the city clerk. The park and recreation land must be dedicated to the public in the final plat and deeded to the city upon request. Such park and recreation land shall be unencumbered and suitable for active park and recreation areas considering the topography of the land offered for recreation space and accessibility of the park land area to the transportation corridor. The types and location of the park to be developed shall be determined jointly by the council, developer and owner pursuant to the guidelines in the active recreation land and improvements plan. Nevertheless, the council may agree to substitution of alternative improvements for the minimum listed picnic tables, park benches, children's play equipment, pavilions, courts and fields.

(g)

Utilities.

(1)

Generally. All developments shall provide necessary utilities. All utilities shall be planned, designed, constructed and maintained to meet the minimum performance criteria contained in the policy document entitled "Standard Water and Sewer Specifications City of Minneola."

(2)

Dry lines for future construction and expansion of central wastewater service. Any proposed subdivision submitting a preliminary plat after the effective date of this section shall construct wastewater collection and reclaimed water distribution dry lines, including all necessary lift and pumping stations, to be dedicated to the City of Minneola for wastewater utility purposes. All dry lines constructed pursuant to this provision shall meet the design and performance standards contained in the policy document entitled "Standard Water and Sewer Construction Specifications City of Minneola" and be engineered to adequately meet the anticipated wastewater and reclaimed water demands of the development when central wastewater service is available.

(LDC 1997, ch. 5, § 1.06; Ord. No. 2002-04, § 1, 2-26-2002; Ord. No. 2004-04, § 1, 1-27-2004; Ord. No. 2005-28, § 1, 10-11-2005; Ord. No. 2018-23, §§ 1, 2, 12-18-2018)

Table 126-1

Note: To determine persons to be served, multiply the number of dwelling units by the most recent U.S. Census figure for persons per household in Minneola. Apply that figure to the chart above based on 2 acres per 1,000 persons as required in the City of Minneola Comprehensive Plan. All standards are considered minimum equipment to be provided by the developer, unless jointly agreed between city council and developer.

(a)

All plans for new subdivisions and road rights-of-way must be submitted and processed through the following procedures:

(1)

Preapplication conference shall be scheduled between the applicant and the appropriate DRP reviewers.

(2)

Submission and approval of preliminary plat/plan.

(3)

Submission and approval of improvements plans.

(4)

Submission, approval, and recording of final plat.

(5)

Issuance of certificate of completion.

(b)

Validity of a subdivision not meeting the requirements of this chapter. No plat of any subdivision shall have any validity until it has been approved in the manner prescribed by this chapter which may include variance by the proper board/commission. If an unapproved plat is recorded, it shall be considered invalid. No person shall transfer or sell by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has final plat approval and is officially recorded according to the terms of this chapter. The description of any lot by metes and bounds shall not exempt the transaction from the provisions of this chapter if the transaction would be subject hereto otherwise. The city shall not issue any zoning clearances for new construction on a lot in any subdivision not meeting the requirements of this chapter unless the subdivision is vested pursuant to chapter 90 of this land development code, pertaining to concurrency management, or the lot is a legally created lot of record.

(1)

The city shall not make any public improvements and shall have no responsibility for the maintenance of streets, drainage facilities or other facilities in subdivisions whose dedications have not been accepted by the city under the terms of this land development code.

(2)

No changes, erasures, modifications or revisions shall be made on any final plat after approval and signature thereof unless such plat is first resubmitted and reapproved under the provisions of this chapter.

(c)

Preapplication conference. It is required that a preapplication conference be held with the appropriate DRP reviewers and the developer or the developer's representatives, in order to verify the steps necessary for application and review and discuss potential issues regarding the proposed subdivision.

(1)

Scheduling. Arrangements for the preapplication conference are to be made through the city clerk.

(2)

Items required. Prior to the meeting the applicant shall submit ten copies of the conceptual development plan of the proposed subdivision. A general description of the proposed subdivision must be noted, including the number of lots to be created, the approximate size and width of lots, approximate building size, type and use, proposed phases of development, existing zoning and comprehensive land use classification of the subject site and adjacent sites.

(d)

Preliminary plat/plan.

(1)

Application. A subdivision plan shall receive its first official consideration as a preliminary plat/plan. Ten copies of the preliminary plat/plan and any required supplemental material shall be submitted to the city clerk at least ten days prior to the DRP meeting. To cover the direct administrative costs of reviewing the plan, the developer shall pay an application fee at the time of submittal. The preliminary plat/plan shall be at a minimum scale of 100 feet to the inch. The following information shall be included on or with the plan:

a.

Proposed subdivision name or identifying title preceded by the words "Preliminary ___________ plat/plan of ___________ of ___________."

b.

The section, township and range in which the property is located and legal description of the boundary survey.

c.

The complete name and mailing address of the property owner, developer, engineer and other persons directly involved in the proposed subdivision.

d.

Tract boundaries, with dimensions.

e.

North arrow (with north at the top of the map, when practical), date of preparation, and any other pertinent legend data.

f.

A sketch or key map at a scale of not larger than 1,000 feet to the inch showing the position of the subdivision with relation to surrounding streets and properties; also showing other important features such as zoning, railroads and corporate limits, etc.

g.

Zoning, plat book and page number, typical lot size, streets and easements of adjacent land and subdivisions.

h.

Topographic mapping of the tract based on NGVD elevations, in not less than one-foot intervals.

i.

Conditions on tract, including all existing watercourses, drainage ditches, bodies of water, marshes, floodprone elevations and area, surrounding physical features affecting the site, isolated preservable trees and other significant features.

j.

Existing property lines, buildings, transmission lines, sewers, bridges, culverts and rain pipes, water mains, city limit lines and utility easements on or adjacent to the tract.

k.

Location, name and width of all proposed streets, alleys, rights-of-way, easements, lot lines with dimensions, lot numbers and block designations.

l.

Typical section showing street type and width, curb and gutter, sidewalks, storm drainage and designs of any proposed fences and entrance structures.

m.

Statements concerning stormwater disposition and method of water supply and waste disposal, all conforming to city specifications.

n.

Proposed public improvements, such as highways or other major improvements planned by public authorities for future construction on or near the tract to eliminate gridlock.

o.

If the proposed subdivision is to be constructed in phases, the nature and extent of such phases shall be clearly delineated and shall meet the criteria specified in subsection (e) of this section.

p.

Sites and/or improvements to be dedicated or deeded for public use.

q.

A delineation of the soils existing on the site to be developed.

r.

A geological reference point on all plans.

s.

A summary list containing the total acres, number of lots, minimum lot area, lineal feet in streets, zoning and a list of street names.

t.

Drafts of protective covenants whereby the developer proposes to regulate land use in the subdivision and maintained dedicated areas.

u.

An environmental assessment pursuant to chapter 114 of this land development code.

v.

Tree/clearing permit.

w.

A preliminary concurrency review.

x.

An electronic file of the plans and information supporting the plans shall be provided on a program approved by the city.

y.

Requirements of the following sections shall be adequately addressed and satisfied. The DRP reviewers may require information deemed necessary to demonstrate compliance with the regulations concerning:

1.

Zoning.

2.

Buffering.

3.

Environmentally sensitive areas.

4.

Upland habitat.

5.

Floodplain/stormwater management.

6.

Wellfield/aquifer protection.

7.

Historic and archeological preservation.

8.

Traffic.

9.

Concurrency management.

(2)

Review process.

a.

The city manager or his designee shall receive all materials and prepare them for presentation to the appropriate DRP reviewers

b.

The preliminary plat/plan shall be reviewed initially by the appropriate DRP reviewers. Reasonable notice of that meeting shall be given to the applicant, and the applicant, his agent, or any other interested person shall be entitled to attend the meeting. The DRP reviewers shall review the preliminary plat/plan for technical compliance with this chapter and with all other city ordinances, zoning regulations and for compliance with the land use element of the city's comprehensive plan. The DRP reviewers shall recommend in writing preliminary approval, conditional approval, postponement or disapproval. The city manager or designee shall furnish copies of its recommendations to the council, the applicant, and the planning and zoning commission.

c.

The planning and zoning commission shall review the preliminary plat/plan and the recommendations of the DRP reviewers at its next regular meeting. The owner or owner's agent shall be present at every public hearing. The planning and zoning commission shall recommend to the council preliminary approval, conditional approval, postponement or disapproval.

d.

Final review of the preliminary plat/plan shall be made by the city council at its next regular meeting. The owner or owner's agent shall be present at every public hearing. At that meeting the council shall consider the recommendations of the DRP reviewers and the planning and zoning commission. The council shall act on the plan for approval, conditional approval, postponement or disapproval.

1.

Preliminary approval by the city council means that the developer is now authorized to proceed with the preparation of the required improvement plans.

2.

Conditional approval by the city council means that the developer may proceed, after written notice from the city clerk, with preparation of improvement plans, but only after he has submitted at least ten copies of the corrected preliminary plan/plat to the city clerk, noting thereon the condition of changes required by the approval of the city council.

3.

Postponement by the city council means action is delayed for specific reasons, which shall be noted and transmitted in writing to the developer by the city clerk. Postponed preliminary plat/plans may be reconsidered by the city council without resubmittal to the DRP reviewers and planning and zoning commission.

4.

Disapproval by the city council means denial of the application for the subdivision because the developer's plans are not in compliance with these regulations. For further consideration, the developer must rework and resubmit his plans as though they were a completely new preliminary plat/plan.

(3)

Expiration of approval. The preliminary approval shall expire if improvement plans have not been approved within 18 months of the date of approval of the preliminary plat/plan, or unless a time extension is granted by the city council before the expiration date.

(4)

Phasing. Subdivision projects may be phased. Phasing, if proposed, shall be shown on the plans.

a.

Phasing shall be arranged and designed in such a manner that at any point in a project's development the initial phase, and any successive groups of phases, shall be able to stand alone and function adequately with regard to required improvements, infrastructure, facilities, and in relation to all project conditions so as to be independent from any future phase or phases and improvements or areas contained therein.

b.

Unless otherwise determined by the city council, any one phase shall be a minimum of 25 percent of the total number of lots in the project.

(e)

Improvement plan.

(1)

Application. The applicant shall furnish to the city mayor or designee the improvement plans and specifications designed in accordance with the requirements of this land development code. To cover the direct administrative costs of reviewing the plan, the developer shall pay an application fee at the time of submittal. The applicant must have obtained and shall submit copies of all jurisdictional agency approved permit packages and all utility permits and franchises required by the utility provider for improvement plan approval. All construction plans and specifications must be prepared, signed and sealed by a professional engineer who is registered in the state. Engineering calculations and tests in support of any of the proposed plans and specifications are required. The drawings and required information shall be so complete that review and analysis can be made from them without research of any outside data. Five copies of the plans shall be submitted on 24-inch by 36-inch sheets at a scale no smaller than one inch equals 100 feet, unless another size is approved by the city mayor or designee, and shall contain, but not be limited to:

a.

A cover sheet, including location map, at a scale no smaller than one inch equals 1,000 feet, showing the zoning of the area and the relationship of the proposed subdivision to the surrounding development.

b.

Subdivision name, date, north arrow, and the property's legal description, boundary, boundary dimensions, and area in acres.

c.

Name and address of owner and any other professional consultants involved with the generation of the plan information. If the property is owned by a corporation or company, the name and address of its president and secretary, and state of incorporation shall be given.

d.

Proposed streets, roadway improvements, common areas, drainage areas, conservation areas and lot lines.

e.

Proposed street names and lot numbers.

f.

Benchmark location, based on National Geodetic Vertical Datum (NGVD) with topography at one-foot contour intervals.

g.

All existing buildings, utilities, roads, easements or other improvements on the property.

h.

Existing utility sources, distribution and collection lines, if available, including, but not limited to, water, sewer, electricity, cable television and telephone. Proposed locations of sidewalks, and bike paths, and of all signs pursuant to chapter 118 of this land development code, pertaining to sign regulations.

i.

All easements required pursuant to chapter 98 of this land development code, pertaining to developmental procedures and regulations.

j.

Delineation of flood insurance rate map (FEMA) flood zones.

k.

Proposed stormwater management plan, including drainage control facilities and proposed grading.

l.

Complete plans and details of water and sewer systems and improvements. The proposed general location of wells and septic tanks shall be in conformity with the requirements of the county health department and all state and local ordinances.

m.

Plan-profile sheets of the rights-of-way and, if necessary, of special or unique situations.

n.

Roadway typical cross sections.

o.

Construction details and minimum standards for materials, showing compliance with city standards or alternate design as approved by the city mayor or city engineer.

p.

The proposed average daily traffic generated by the development based on trip generation rates contained in the Institute of Traffic Engineers (ITE) Manual, latest edition.

q.

Traffic control devices and pavement markings.

r.

Soil analysis, showing the location and results of test borings of the subsurface condition of the tract to be developed.

s.

Proposed erosion control facilities and the limits of earthwork construction, both as to final construction and for protection during construction.

t.

Where the design of the subdivision includes manmade canals or waterways, plans of the proposed construction will be included and shall indicate:

1.

All bulkhead locations.

2.

Detailed cross sections showing existing and proposed depths.

3.

Location of hard pan, muck or other unique soil conditions.

4.

Details of bulkhead construction.

(2)

Review process.

a.

Within 15 calendar days after receipt of such plans and specifications, the DRP reviewers shall submit their comments and recommendations to the city manager or designee.

b.

The applicant will be advised in writing by the city manager or designee of all applicable departmental comments within 20 calendar days from the date of application submittal.

c.

After the applicant has adequately addressed all departmental comments and has submitted to city manager or designee revised documents in accordance with departmental comments and has submitted copies of all required jurisdictional agency permits, the DRP reviewers shall approve, approve subject to specified conditions or disapprove the plans.

d.

In rejecting any plans, the DRP reviewers shall provide reasons for such action and recommendation, making reference to specific sections in this land development code and F.S. ch. 177 or applicable city policy. The city manager or designee shall send a copy of such reasons to the developer. The subdivider may comply with the recommendations made by the DRP reviewers and thus be qualified to resubmit the plans to the city manager or designee for processing.

(3)

Term of permit. An improvement plan (a/k/a construction plan) approval shall be void if a final plat has not been recorded within 24 months from the date of its issuance, unless the city council grants an extension of time in response to the applicant's written request for such an extension. In the case of phasing, each new phase must have its final plat recorded within 18 months of the date of the previous phase's final plat recording date. Development phasing may not cover a period exceeding ten years. Commencement of construction for a new phase must begin within 18 months of completion and inspection of the previous phase. The improvement plan (a/k/a construction plan) approval will lapse if the approved phase time frames are exceeded, unless otherwise extended by the city council as provided for in subsection (e)(4).

(4)

Extensions. A request for an extension of the improvement plan approval may be submitted to the city clerk or designee any time prior to the expiration date. Any applicable review fees must be paid along with the request for an extension.

a.

No request for an extension will be accepted after the improvement plan approval has lapsed or phasing schedule exceeded. The applicant may, however, reapply for plan approval under the provisions of this land development code in effect at the time of reapplication.

b.

Where initial development construction has commenced pursuant to the improvement plan, and development is continuously proceeding, the city council may grant one or more extensions not to exceed two years.

c.

Where an extension is desired but no construction has been initiated, the request for extension shall be reviewed and considered by the same process as the original approved, with special consideration to:

1.

Amendments to this land development code, including codes and standards adopted by reference, that have been adopted since the original approval, requiring modification to the development plans or associated documents.

2.

Reevaluation of the ability of the proposed development to meet the requirements of chapter 90 of this land development code, pertaining to concurrency.

3.

Changes in surrounding land use, development, or other conditions that may require modification of the plans to meet the requirements of this land development code.

d.

Extension requests shall be accompanied by a complete extension request form, furnished by the city. The city clerk or designee shall schedule the request on the regularly scheduled city council agenda.

(5)

Modifications.

a.

Minor modifications. Minor modifications to improvement plans may be approved by the city mayor when such modifications are consistent with the requirements of this land development code and do not have a substantial impact on the overall intent of the improvement plans, such as:

1.

Dimensional changes to accommodate field conditions, including connection to existing facilities and the preservation of existing vegetation (e.g., trees, etc.).

2.

Changes of landscape or construction materials that are deemed to be similar or equivalent to those approved.

3.

Technical changes to construction details.

b.

Major modifications. When, in the opinion of the city mayor or designee, the proposed modifications represent a major or fundamental change in the overall impact and intent of the original improvement plans, the resubmittal shall follow the same approval process as required for the original submittal. Modifications that require an increase of more than ten percent in the number of lots or a change in area to be platted will require reapproval of the preliminary plat/plan.

(LDC 1997, ch. 5, § 1.07; Ord. No. 2008-35, § 9, 11-7-2008; Ord. No. 2009-23, § 2, 12-1-2009)

The approved final plat is the official record of the subdivision to be filed with the city manager or designee, and it is verification that the subdivided land has been developed substantially in accordance with the improvement plans. The final plat must be approved by the city council and recorded in the county public records prior to the developer selling any lot or parcel.

(1)

Procedure. No final plat application shall be submitted for approval prior to the issuance of improvement plan approval. The plat shall be accompanied by:

a.

The appropriate filing fee.

b.

A reservation of capacity for the area to be platted pursuant to chapter 90 of this land development code, pertaining to concurrency management.

c.

Ten copies of the final plat drawing, and the original Mylar.

d.

A copy of the responsible party's documents which accept the responsibility for maintenance of all private streets, rights-of-way, easements, recreation areas, stormwater management facilities or other improvements.

e.

A copy of the final protective covenants and deed restrictions, where such covenants and restrictions are required or established by the applicant.

f.

All applicable informational requirements of this land development code.

g.

Title opinion, and any other legal documents deemed necessary by the city attorney.

h.

Certificate of approval by the city council. The plat shall contain the approval and signature block for the mayor and the acknowledgment and signature block of the clerk of circuit court and the city attorney. If the plat contains dedications to the city, this certificate shall also indicate whether the city accepts in whole or in part the dedications made, though any such indication of acceptance is subject to sections 126-6(7) and 98-11.

(2)

Format of drawings. The final plat shall be:

a.

Prepared in accordance with F.S. ch. 177, part I, as amended, by a land surveyor registered and licensed in the state.

b.

On sheets a maximum of 22½ inches by 27 inches with a three-quarter-inch margin on three sides and a three-inch margin on the left side for binding.

c.

To a scale no smaller than one inch represents 100 feet. In the case of unusually large or small parcels, this may be modified upon review of the city mayor or designee.

d.

Clearly drawn or printed with permanent black drawing ink, or as permitted under F.S. § 177.091, or as amended.

(3)

Information required. All information as required in F.S. §§ 177.031, 177.041, 177.051, 177.061, 177.081, and 177.091, as amended. In addition, the final plat shall contain:

a.

The date of preparation of the final plat.

b.

County and city limit lines within or abutting the tract.

c.

The location and width of all existing or recorded rights-of-way intersecting or contiguous to the boundary of the plat.

d.

The following statement shall be noted on the plat in a prominent place:

"Notice: There may be additional restrictions that are not recorded on this plat that may be found in the public records of Lake County."

e.

A one-inch by five-inch space in the upper right-hand corner of each sheet to be used by the clerk of the circuit court for recording information. The following shall be depicted:

PLAT BOOK:_______

PAGE:_______

f.

No strip or parcel of land reserved by the owner unless it is of sufficient size to be of some particular use or service or is environmentally sensitive land.

g.

The boundary of the final plat shall not have a mathematical error of closure greater than 0.01 foot.

h.

All covenants, restrictions or reservations placed by the developer or required by the city shall appear on the final plat or be established by separate recorded document.

i.

When deemed necessary by a member of the DRC to ensure the proper future expansion of utilities services, a covenant document shall be filed with the plat that indicates the following statement: "In the future, when a potable water distribution and/or wastewater collection system becomes available to service the subdivision, service improvements and connection shall be made by the homeowners' association or by the property owners." All deeds conveying properties within the subdivision shall reference the covenant document.

(4)

Certifications, dedications and approvals. The final plat shall contain on the face or first page the following certifications, dedications and approvals, all executed and acknowledged as required by law, in the forms set forth as follows:

a.

Dedications. All areas reserved for use by the residents of the subdivision, and all areas or facilities intended for public use, shall be specifically dedicated by the owner of the land at the time the plat is recorded. All streets, rights-of-way, easements, recreation facilities, or other areas designed to serve more than one property owner shall be dedicated to the city or to the private property owners' association in a manner that will ensure access to, and use by, present and future owners of the properties to be served. Where private dedications are involved, ownership and maintenance association documents shall be submitted with the final plat. The dedication shall clearly dedicate the private facilities to the association without recourse to the city or any other public agency. All dedicated areas shall be identified as tracts unless such areas are dedicated to one entity and clearly identifiable. All dedications shall be in the following forms or as approved by the city attorney:

1.

Corporate.

KNOW ALL MEN BY THESE PRESENTS, that (exact corporate name), a (state) corporation, fee simple owner of the land described and platted herein, as (exact name of subdivision), being in the City of Minneola, Lake County, Florida, have caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows:

(Select as appropriate from subsections (4)a.3 and (4)a.4 of this section)

2.

Individual.

KNOW ALL MEN BY THESE PRESENTS, that (exact owner's name), fee simple owner of the land described and platted herein, as (exact name of subdivision), being in the City of Minneola, Lake County, Florida, has caused said lands to be surveyed and platted as shown hereon and does hereby dedicate as follows:

(Select as appropriate from subsections (4)a.3 and (4)a.4 of this section)

3.

Select as appropriate to be added to the certificate of dedication:

i.

Streets and rights-of-way (for public streets). All streets and rights-of-way shown on this plat (name specifically if less than all) are hereby dedicated in perpetuity to the city for the use and benefit of the public for proper purposes, however, final acceptance by the city is subject to sections 126-6(7) and 98-11.

ii.

Utility easements. The utility easements shown are dedicated in perpetuity to the utility provider for the construction, installation, maintenance and operation of utilities by any utility provider, including cable television services, in compliance with such ordinances and regulations as may be adopted from time to time by the city council. Acceptance of any such easements by the city is subject to sections 126-6(7) and 98-11.

iii.

Drainage and stormwater management easements. The drainage easements and stormwater management tracts or easements as shown are dedicated in perpetuity for construction and maintenance of drainage facilities and shall be the perpetual maintenance obligation of the (give exact name of maintenance entity). Front yard drainage easements are subject to the right of each lot to have a driveway for ingress/egress as approved by the city. Acceptance of any such drainage easements and stormwater tracts or easements by the city is subject to sections 126-6(7) and 98-11.

iv.

Park and recreation areas. The park and recreation areas as shown are dedicated in perpetuity for the (exclusive use and enjoyment of owners of lots in this subdivision) (use and enjoyment of the public) and shall be the perpetual maintenance obligation of (give each name of maintenance entity, if private) (city). Acceptance of any such areas by the city is subject to sections 126-6(7) and 98-11.

v.

Limited access easements. The limited access easements as shown are dedicated in perpetuity to the city for the purposes of control and jurisdiction over access rights, however, final acceptance by the city is subject to sections 126-6(7) and 98-11.

vi.

Conservation easements. Conservation easements as shown are dedicated in perpetuity to the city (and name any other specific agencies requiring preservation dedication) for the purpose of preservation of environmentally sensitive areas, however, final acceptance by the city is subject to sections 126-6(7) and 98-11.

4.

Add appropriate conclusion to certificate of dedication. The dedication must be executed in the same manner in which deeds are required to be executed as required by F.S. § 177.081, as amended.

b.

Joinder and consent to dedication by mortgage or other party in interest. The joinder and consent to dedication by mortgagee or other party in interest must be executed in the same manner in which deeds are required to be executed as required by F.S. § 177.081, as amended.

c.

Certificate of title.

1.

Every plat submitted must be accompanied by a title opinion of an attorney at law licensed in the state or a certification by an abstractor or title company showing that record title to the land as described and shown on the plat is in the name of the person, persons, corporation, or entity executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has record title to the land. The title opinion or certification shall also show all mortgages not satisfied or released of record or otherwise terminated by law. The opinion must also show other easement and encumbrances of record. The requirements of F.S. § 177.041, as amended, must be met in this regard.

2.

The opinion of title shall also state that:

i.

The lands as described and shown on the plat are in the name of, and apparent record title is held by, the persons or organizations executing the dedication;

ii.

All taxes have been paid on such property as required by F.S. § 197.192, or as amended; and

iii.

The official record book and page number of all mortgages, liens, or other encumbrances against the land, and the names of all persons holding an interest in such mortgage, lien or encumbrance.

The title certification shall be an opinion of a state attorney-at-law or the certification of an abstract or title insurance company licensed to do business in the state. The city reserves the right to require that the title certification date be brought within 30 days of the time of final plat approval.

d.

Certification of surveyor. The plat shall contain the signature, registration number and official seal of the land surveyor certifying that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, latest published edition, in the following forms:

CERTIFICATE OF SURVEYOR

KNOW ALL MEN BY THESE PRESENTS, That the undersigned, being a licensed and registered professional surveyor & mapper, pursuant to F.S. ch. 472, does hereby certify that on ________ he completed the survey of the lands as shown in the foregoing plat; that said plat is a correct presentation of the lands therein described and platted or subdivided; that permanent reference monuments have been placed and each P.C.P. will be set as shown thereon as required by Florida Statutes, and that said land is located in Minneola, Florida. Further, the undersigned certifies that the foregoing plat was prepared under his or her direction and that the plat complies with all requirements of Chapter 177, Florida Statutes.

Signature _____

e.

Certificate of approval by the city council. The plat shall contain the approval and signature block for the mayor and the acknowledgment and signature block of the clerk of circuit court and the city attorney. If the plat contains dedications to the city, this certificate shall also indicate whether the city accepts in whole or in part the dedications made, though any such indication of acceptance is subject to sections 126-6(7) and 98-11. The following form is acceptable:

CERTIFICATE OF APPROVAL
BY THE CITY COUNCIL

THIS IS TO CERTIFY that on ________ the foregoing plat was approved by the City Council of the City of Minneola, Florida. (Address acceptance of dedications in whole or in part, as appropriate).

___________
Mayor

Attest:

___________
City Clerk

APPROVED AS TO FORM AND LEGAL SUFFICIENCY

___________
City Attorney

f.

Clerk's certification.

State of Florida
County of Lake

I, Clerk of Circuit Court of Lake County, Florida, do hereby certify that I have examined this plat of ___________ subdivision and that it complies with all the requirements of Laws of Fla. ch. 177. This plat filed for record this _____ day of _______, 20___, and recorded on Page _____ of Plat Book _______ in the office of the Clerk of Circuit Court of Lake County, Florida.

By: _____
Clerk of Circuit Court, Lake County, Florida.

g.

Instrument prepared by. The name and address of the natural person who prepared the plat shall be contained on the plat. The name and address shall be in statement form consisting of the words "This instrument was prepared by (name), (address)."

h.

Signatures. All signatures required shall be originals on the final plat and shall be made in permanent dark ink.

(5)

Review and approval of final plat documents.

a.

The appropriate DRP reviewers will review and evaluate the plat for consistency with the preliminary plat and improvement plan and all applicable ordinances, regulations, and policies of the city. If any DRP reviewer recommends denial of the final plat, specific reasons for the member's recommendation shall be provided to the applicant, and the applicant may then revise the plat to conform to the specific findings of the DRP reviewers or proceed to allow the city council to consider the proposed plat notwithstanding the objection of the DRC member.

b.

Upon review of a final plat by the appropriate DRP reviewers, the plat shall be forwarded to the city council to be placed on the council's agenda for the next regularly scheduled council meeting. The city attorney must review mylars prior to scheduling the final plat for the city council agenda. The city council shall determine whether the final plat is in substantial conformity with the improvement plans and meets all the requirements of the laws, rules and regulations of the city and after consideration shall approve, postpone for future consideration, approve subject to specified conditions or disapprove for stated reasons. Upon review of a decision by a DRP reviewer to recommend denial of a final plat, the city council shall consider the reasons of such DRP reviewer(s) to recommend denial and determine if the plat fails to satisfy the requirements of the city's ordinances, regulations and policies or is inconsistent with the preliminary plat or improvement plan. If the council finds that the DRP reviewer's specific findings for his or her recommendation of denial of the plat are not sufficient and that the plat meets all applicable city ordinances, regulations and policies as well as the requirements of F.S. ch. 177, the council may vote to approve the plat.

c.

In rejecting any final plat, the city council shall provide reasons for such action and recommendation making reference to specific sections in this land development code and F.S. ch. 177, or applicable city policy established by the council. The city manager or designee shall send a copy of such reasons to the developer. The subdivider may comply with the recommendations made by the city council and thus be qualified to resubmit the final plat to the city manager or designee for processing as prescribed in this section.

d.

The city council shall indicate approval on the final plat by signature of the mayor.

(6)

Recording. The final plat shall be recorded by the city engineer, with fees paid by the developer, in the circuit court of the county. After recording, the developer may sell lots.

(7)

Acceptance of public improvements. Approval of such final plat shall constitute acceptance by the city of all public areas or improvements dedicated to the city according to the terms set out in the acceptance block only to the extent such improvements have been completed, a certificate of completion has been issued, and all maintenance security obligations set forth in this section and section 98-11(7) have been satisfied. In addition to the foregoing and all provisions and requirements in section 98-11, the following shall be adhered to.

a.

The owner shall be required to maintain the accepted improvements in good condition and post a maintenance bond for one year from the date that a certificate of completion is issued by the city mayor or designee, whichever is later. At the end of such period, the improvements shall be in such condition that they meet the requirements of this land development code as it existed at the time of approval of the final plat.

b.

The city accepts no obligation to perform any act of construction or maintenance except when the obligation is voluntarily and expressly assumed by the city.

c

The city shall withhold all public improvements, including the maintenance of streets from all subdivisions which have not been accepted in the manner provided in this section.

d.

No changes erasures modifications or revisions shall be made on any final plat after approval unless the plat is first resubmitted for approval.

e.

The developer shall pay all costs of public improvements. The city will not be responsible for any construction costs not paid at the time of acceptance.

f.

All mortgages or others having a lien on the land shall join in or ratify the plat and all dedications thereon executed and shall certify that all dedicated lands are free from such mortgages or liens.

g.

The city will accept no obligation to repair or maintain navigable canals, waterways or bulkheads. Waterways and canals must be dedicated to and accepted by a property owners' association. Bulkheads that abut private or public streets must also be accepted for maintenance and repair by the property owners' association.

(8)

Plat vacation request.

a.

Review process. Plat vacation requests shall be made through the city manager or designee on applications furnished by the city to be scheduled for a DRP meeting. A filing fee shall accompany any request. If there are any existing utilities on the site, the city will require an easement. The request will be reviewed by the appropriate DRP reviewers as scheduled by the city manager or designee. The request will be scheduled for consideration by the city council in accordance with F.S. § 177.101, or as amended, which governs plat vacations.

b.

Public notice. The city shall advertise that a public hearing will be held to consider the request. Advertisement in a newspaper of general circulation in the area shall be done once a week for two consecutive weeks, with the first advertisement at least two weeks prior to the date stated therein for the hearing. Additionally, the city shall notify the adjacent property owners by mail two weeks prior to the hearing. Notice shall also be posted in a conspicuous place at the city hall.

(9)

Rights-of-way vacation requests.

a.

Application. Right-of-way vacation requests are made through the city manager or designee's office on applications furnished by the city for consideration by the appropriate DRP reviewers. Each property owner adjoining the portion of the right-of-way to be vacated must submit a petition and the required fee. Should any of the adjoining property owners not agree to the vacation request, the other petitioners may still request it from the city council, which has sole authority to decide on a vacation. If there are any existing utilities in the right-of-way, the city will require easements.

b.

Review process. The appropriate DRP reviewers shall review the request as scheduled by the city manager or designee. Once the applicant has adequately addressed all comments of the DRP reviewers, the vacation request will be scheduled for consideration by the city council in accordance with F.S. ch. 336, or as amended, which governs right-of-way vacations.

c.

Public notice. The city shall advertise that a public hearing will be held to consider the petition. Advertisement in a newspaper of general circulation in the area shall be done once a week for two consecutive weeks, with the first advertisement at least two weeks prior to the date stated therein for the hearing. Additionally, the city shall notify adjacent property owners by mail two weeks prior to the hearing. Notice shall also be posted in a conspicuous place at the city hall.

(LDC 1997, ch. 5, § 1.08; Ord. No. 2003-07, § 1, 10-14-2003; Ord. No. 2004-03, § 3, 1-27-2004; Ord. No. 2006-17, § 11—14, 4-25-2006; Ord. No. 2008-35, § 10, 11-7-2008; Ord. No. 2020-04, § 1, 9-1-2020)

(a)

Construction before final plat approval. Upon issuance of improvement plan approval, construction may commence. The improvements required by the improvement plan shall be completed prior to final plat approval except as otherwise provided in section 126-7(b). All procedures specified in chapter 98 of this land development code, pertaining to developmental procedures and regulations, shall be followed.

(b)

Final plat approval. Final plat approval shall not be given until all construction required by the improvement plan has been completed, except as follows:

(1)

The city council may approve a final plat in advance of the completion of all construction required by the improvement plan if the approval of the plat is subject to the applicant's guaranteeing the installation and maintenance of storm drainage facilities, street improvements, water mains, sewer lines, and/or any other required improvements. Prior to the approval of a final plat, a performance bond shall be posted by the applicant. The bond must be executed by a corporate surety company authorized to do business in the State of Florida, that is satisfactory to the city, and shall be payable to the City of Minneola. The bond shall be in the amount of 110 percent of the construction costs. Costs for construction shall be estimated by the applicant's engineer, or a copy of the contracts shall be provided. The amount of the performance bond must be approved as adequate by the city's engineer. Bonding requirements may be met by the following, but not limited to:

a.

Bond executed by approved surety company;

b.

Other requirements, as approved by the city council, which may include an agreement between the applicant and city for providing public improvements or irrevocable lines of credit.

Unless a performance bond has been previously posted, the final plat may not be approved or recorded.

(c)

Notification. The city manager or designee shall be notified in writing of the commencement of construction improvements. Failure to notify the city of the commencement and completion of any of the construction improvements shall be good cause to refuse to issue a certificate of completion until such further investigation is conducted to verify compliance with the improvement plans.

(d)

Dumpsters required. Before any construction commences and while any construction is being undertaken, a sufficient number of commercial dumpsters shall be placed on the property so that all construction debris, garbage or trash generated by the project shall be placed in the dumpsters. The dumpsters shall be emptied as necessary to prevent debris from exceeding the top of the dumpster.

(LDC 1997, ch. 5, § 1.09; Ord. No. 2004-03, § 4, 1-27-2004; Ord. No. 2013-06, § 1, 4-16-2013)

Violation of any of the provisions of this chapter may be punishable by a fine not to exceed $500.00 or by imprisonment in county jail not to exceed 60 days, or by both such fine and imprisonment.

(LDC 1997, ch. 5, § 1.10)

Temporary sales trailers shall be permitted in only the first phase of a new subdivision for no more than six months or the date the first completed structure in the subdivision is ready for a certificate of occupancy, whichever date comes first. The city council may grant an extension of up to 90 days.

(1)

Conditions. The following conditions shall apply:

a.

No finished structure may exist in the subdivision.

b.

Graveled parking must be provided for the sales trailer.

c.

Landscaping with temporary plantings must be provided for the lot on which the trailer is located.

d.

One identification sign, no bigger than three feet by six feet may be attached to the trailer. No other signs are permitted on the temporary trailer lot.

e.

The trailer must be self-contained for wastewater provision and collection and may be self-contained for the provision of water. Connection shall be permitted or made to a city installed water meter only if all impact fees and connection charges are paid for the residence that may be built on that lot. No connection shall be made to an irrigation well or septic tank.

f.

The sales trailer must be anchored as required by the building code set forth in chapter 14 of this Code.

(2)

Removal of trailer. Upon written notice from the city, the builder, developer and/or owner shall remove the trailer within 48 hours.

(3)

Penalty. Should any provision of this section be violated, all permitting and inspection activities in regard to the builder /developer or owner in question shall be halted by the city until the violation is corrected. Additionally, any other remedies provided by law or these land development regulations shall be available to the city.

(LDC 1997, ch. 5, § 1.11)

(a)

General provisions.

(1)

Legislative findings. The city council makes the following legislative findings of fact:

a.

The natural environment of Minneola is a unique and valuable resource enjoyed by residents and visitors alike.

b.

The unique economy of Minneola is dependent upon maintaining and ensuring a high degree of environmental quality.

c.

Conservation of the natural environment is a goal set forth in the Minneola Comprehensive Plan.

d.

High standards should be expected from golf courses by maximizing environmental sensitivity throughout the life of the activity.

(2)

Purpose and intent. The purpose and intent of this section is to ensure that the development of golf courses shall protect and conserve natural resources and the environment for present and future generations; be compatible and consistent with the overall economic objectives of Minneola; to minimize the adverse impacts and maximize the positive benefits of golf course development; and to ensure that these activities will be consistent with the Minneola Comprehensive Plan.

Every proposed golf course presents a unique case because existing conditions vary and no two sites are ever exactly the same. There will be specific issues based on location site characteristics and local regulations. It is essential that these issues be identified and addressed in the initial stages of planning and design.

(3)

Construction of code provisions. Nothing in these provisions shall be:

a.

Construed to limit, abridge or alter any duties, authority and responsibilities of any agency of the United States, the State of Florida or any other governmental agency having jurisdiction.

b.

Deemed to preempt other Minneola ordinances or provisions of the Minneola Code that impose stricter design or development standards.

(4)

Scope of application. The regulations set forth herein shall apply to the development and construction of golf courses within all incorporated areas of Minneola.

(b)

General standards.

(1)

Best management practices. All development activities shall employ best management practices during all phases of pre and postconstruction and operation.

(2)

Compliance with other law. All golf course development shall be conducted in accordance with all applicable federal, state, regional and local laws, ordinances, rules and regulations.

(c)

Environmental protection standards for new development. The applicant has flexibility in determining how the following environmental principles are incorporated into the development of new golf courses. Certification programs or Environmental Resource Management Plans shall be developed for the golf course. Modifications to any certification or plan shall be submitted to the City for approval. Criteria for environmental management shall be incorporated into the project either by:

(1)

Certification programs. Private review and enforcement through a nationally recognized environmental golf course certification program approved by the mayor or designee.

(2)

Resource management plan. A resource management plan prepared by professional consultant(s) familiar with golf course design, construction and agronomy. Consultant will be approved by the mayor or designee. The resource management plan shall be a site specific comprehensive document submitted to the city detailing goals and best management practices to include, but not limited to, vegetation management, fertilizer and pesticide management, stormwater management, water quality management, irrigation management and general management. The management plans shall be updated every five years and submitted to the city. Should the applicant choose to prepare and submit a resource management plan the following issues shall, if applicable, be addressed by the plan:

a.

Identification of natural features (Florida Natural Areas Inventory), wildlife habitat areas and environmentally sensitive areas as defined by appropriate state agencies shall be identified and approved early in the site evaluation process. The preservation of these areas shall be a basis for site design of the course.

b.

Every effort shall be made to route the golf course in such a way as to minimize the need to alter or remove existing native landscapes, trees, and vegetation. The golf course routing shall identify areas which provide opportunities for restoration/enhancement of valuable habitat in the event of disturbance.

c.

As part of the final approved development plan the resource management plan will identify areas for restoration, replanting, or enhancement of riparian habitat to re-establish wildlife migration corridors and linkages between fragmented habitat areas. Protection and planned restoration/enhancements for such areas during construction and ongoing operation is required. The resource management plan shall protect drainage systems that support retained vegetation.

d.

Any areas out of play should be utilized to retain or restore existing native vegetation, where possible. The design shall provide for restoration or enhancement of environmentally sensitive areas by established buffers or setting unmaintained or low-maintenance areas aside within the site.

e.

A plan shall be provided for removal and long-term maintenance of invasive and exotic plants as specified in local and state regulations.

f.

Appropriate erosion control measures shall be established in conformance with the city grading requirements, state regulations, and best management practices prior to commencement of activities.

g.

The site selected should lend itself where possible, to use of natural terrain (avoids location of golf course, clubhouse facilities, or parking lots in an area requiring substantial alteration of the existing terrain or vegetation (i.e. filling of ravines, flattening hills, etc.).

h.

Areas within the driplines of trees designated for preservation shall be protected by appropriate barriers during grading operations. Preservation trees shall be detailed in the resource management plan. Preservation trees which die or are damaged during construction or by post construction activities shall be replaced per approved ratios addressed in code.

i.

All roads shall be located and designed so as to minimize environmental impacts (e.g. length, width, location, grading, stream and wetland crossings, and visual impact).

j.

Equipment utilized in the maintenance of golf courses and associated development shall be designed, used, maintained and stored in such a way to eliminate or minimize potential for pollution.

k.

Retain as much natural vegetation as possible and enhance vegetation through supplemental planting of native trees, shrubs and herbaceous vegetation, such as along fairways and out of play, to provide wildlife habitat and along watercourses supporting fish and other water dependent species. All proposed natural areas shall be identified.

l.

Include future maintenance requirements of all golf course design features. Low-maintenance features that require less intensive management are preferred.

(d)

Water resources requirements. Water resource issues shall be addressed throughout the planning, development, construction and life of the golf course.

(1)

Water conservation.

a.

Identify goals in the Resource Management Plan for conservation of water resources.

b.

The use of groundwater for irrigation shall follow water management district rules.

c.

Wells used for irrigation purposes should be installed and developed from the upper Floridan Aquifer.

d.

Prior to approval of any new golf course:

1.

A strategic plan shall be prepared for the course to avoid or minimize potential adverse impact to surface water or groundwater, and incorporate water reuse and or use of reclaimed water, where feasible. Suitable soils, groundwater hydrology, vegetative cover, adequate storage for treated effluent and other factors will all influence the feasibility of water reuse.

2.

Such a plan shall be implemented upon opening of any new course.

3.

All plans shall be submitted to the mayor or designee for approval.

e.

In areas of significant recharge construction techniques or soil amendments on greens and tees shall be used as a technique to reduce excessive irrigation.

f.

Depending on site conditions, wells and other irrigation sources, if required, shall be designed to pump directly into the irrigation system.

g.

Golf Courses must comply with all Florida Department of Environmental Protection and water management district water conservation requirements and shall make water conservation a critical priority in course design. The requirements include not only the layout of turf areas but in turfgrass selection as well as plant palette, water conserving appliances, fixtures and systems in all course buildings and facilities.

h.

The utilization of new and innovative technologies that provide highly efficient water usage, as well as the application of proven technology to decrease overall water use shall be encouraged. The course irrigation system shall be designed or modified to provide controls for proper water management and conservation to minimize overwatering such as soil moisture sensors or weather stations.

i.

Irrigation system coverage must be accurately mapped to determine wetted area and irrigation rates. Irrigation shall be responsive to existing conditions, rather than on a set schedule. The plan shall also include programs to regularly inspect for leaks and to monitor usage. Site soil moisture or meteorological monitoring capability shall be used to minimize water use. Drawings in AutoCAD will include all irrigated areas, flow rates, actual spray patterns, etc. for all heads and zones.

j.

Areas not required to be irrigated shall be eliminated from the irrigation plan. These would include surface waters, impervious parking areas, and areas outside the course boundary. Greens area shall be irrigated by individually controlled heads. Golf course irrigation shall be managed by a full time, trained superintendent.

k.

Areas where irrigation is required shall be identified and prioritized in order to reduce routine irrigation and plan for periods of water shortages.

l.

A drought contingency plan shall be prepared that would identify areas where irrigation can be cut back and identify alternate sources of water.

m.

All ancillary irrigation systems not directly associated with actual course irrigation shall be automatic.

n.

Stormwater retention systems should be considered in the design as features of the course to help provide for both the short and long term irrigation needs of the course.

o.

New water sources adequate to supply future golf course demands shall be identified. All efforts shall be made to use alternative sources such as reclaimed water.

p.

If the existing course is part of a residential development, then a best management practices document shall be developed for homeowners. For the education of homeowners, the manual should provide common sense applications that will reduce the risk of pollution and, in many cases, improve the health and appearance of the yard.

(2)

Water quality.

a.

Water quality monitoring plan shall be established and submitted for approval by the mayor or designee to insure on-going protection of ground and surface water quality.

b.

Identify goals in the resource management plan for protection of water quality.

c.

A water quality plan shall be prepared for the course to avoid or minimize potential adverse impacts to surface water or ground water. This plan may include directing flow from underground drains to areas of permeable soils to ensure adequate filtration.

d.

The project shall employ established best management practices (BMPs) to control nonpoint source (stormwater) runoff pollution.

e.

Berms, vegetative strips, grease traps, or other recommended technologies shall be used in parking areas for drainage controls to minimize pollution to nearby riparian areas and surface waters.

f.

Buffer strips, oil/grease separators (skimmers) or other recommended techniques shall be used for parking area drainage systems depending on site design. Pretreatment required if near wetlands or water bodies.

g.

Grease traps, oil/grease and water separators and other recommended technologies for facilities such as golf cart maintenance and golf cart wash areas to prevent untreated runoff from entering surface waters shall be used.

h.

All wellhead protection requirements shall be strictly adhered to.

i.

A contingency plan shall be provided for use in the event that monitoring shows a developing problem.

(e)

Habitat.

(1)

The golf course design shall minimize stream and wetland crossings. Stream and wetland crossings shall be designed in such a way as to minimize erosion and harmful effects to riparian and wetland habitats and recognized corridors.

(2)

Bridges shall minimize alteration of the wetland environment.

(3)

Design shall create and/or restore riparian habitat, especially in previously degraded habitat areas.

(4)

The course design shall employ vegetated buffer strips to mitigate impacts to riparian corridors and other critical habitat which may result from surface drainage of the golf course, cart paths, and other developed areas. In certain circumstances where riparian vegetation has been degraded or does not exist, out of bounds or out of play areas may be planted with appropriate native vegetation and may be located in closer proximity to the watercourses and wetlands. The length and width of the buffer strips should be based upon the type of habitat, the projected impacts from the golf course, consistency with the comprehensive plan and applicable land development regulations or as approved by mayor or designee.

(5)

Cart paths shall be graded and swales located such that runoff from them does not flow directly into any natural water body.

(6)

Habitat for wildlife species (e.g., bats, bluebirds, purple martins, etc.) that help control pests shall be protected. Additional habitat for these beneficial species should be created whenever feasible and environmentally desirable.

(7)

Natural habitat shall be managed to maintain healthy populations of wildlife and aquatic species.

(f)

Vegetation.

(1)

Identify goals in the resource management plan for the management of vegetation and landscaping.

(2)

All plans not prepared by a golf course architect shall be approved and signed by a certified landscape architect.

(3)

Plant species that are best suited to the local area shall be selected. Native, naturalized or drought-tolerant plants shall be used wherever possible.

(4)

The design of the course and related facilities shall maximize the preservation of clusters or significant stands of trees, and otherwise preserve "interior" habitat areas.

(5)

Where tree removal is necessary, planned or damaged native tree species shall be replanted as specified in chapter IX, land development regulations [chapter 110, Landscaping and Tree Protection]. Preserved trees as designated in the resource management plan that are damaged or die shall require replacement per the code.

(6)

Irrigation systems shall be designed to avoid adversely impacting sensitive vegetation.

(7)

Trees that are removed or damaged as a result of grading or irrigation, must be replaced at a ratio determined by chapter IX, land development regulations [chapter 110, Landscaping and Tree Protection].

(8)

Barriers (curbs, signage, fencing, vegetation, etc.) shall be established to discourage cart and pedestrian travel off paths located within or adjacent to sensitive habitat areas.

(g)

Pollution prevention.

(1)

Identify goals in the resource management plan for the management of pollutants.

(2)

An integrated pesticide management plan that follows state approved best management practices shall be submitted and reviewed by the mayor or designee prior to operation. State-submitted BMP plans are acceptable.

(3)

Storage and use of pesticides, herbicides, and fertilizers will be limited to and in conformance with all established state and federal regulations, and with other permitting procedures of relevant local, state, and federal government agencies. All pest control and nutrient products shall be stored in a manner that minimizes worker exposure and eliminates the potential for point and/or non point source pollution. Storage of pollutant materials (i.e. pesticides, gas & oil, or other state regulated substances) shall be in lined or protective containment.

(4)

A program will be established for insuring maintenance of culverts, drain inlets, energy dissipaters, etc. In conformance with city grading requirements, state and local stormwater regulations, and best management practices.

(5)

All plant protectant products shall only be applied by state-certified applicators or under the supervision of a trained licensed applicator.

(6)

Advanced technology/monitoring equipment shall be used to insure minimal application of pesticides, herbicides, and fertilizers.

(7)

Use of proven methods for minimizing nutrient leaching, such as slow-release fertilizers, fertigation, foliar sprays, irrigation rates that minimize percolation, or combinations of these techniques, in addition to the least mobile pesticides available is required. An approved pesticide management program shall be submitted on a yearly basis. This shall conform to all state and federal guidelines. Pesticides shall be used at the smallest rates of active ingredients to accomplish desired results. Pesticides are defined as herbicides, insecticides, fungicides and nemacides.

(8)

Drought, pest, and disease resistant grass species suitable for golf shall be selected.

(9)

Natural buffer areas shall be free of invasive species and maintained by minimizing the use of fertilizers and pesticides.

(h)

Land use and open space

(1)

Golf courses should be designed and maintained to provide aesthetic and/or functional linkages between other spaces to create an open space network throughout the community, if applicable.

(2)

Golf course locations that encourage an open space relationship with other planned or existing regional open spaces shall be encouraged.

(3)

Designated golf course natural areas may satisfy the required open space regulations for the development.

(Ord. No. 2002-23, § 2, 9-10-2002)

(a)

Applicability. This section shall apply to all subdivisions for which a gated community is requested by the developer prior to approval of the final plat by the city. This section shall also apply to gated communities requested by homeowners associations and approved by the city after the final plat is recorded, but only if and to the extent required by the resolution of the city council vacating the right-of-way or by other instruments relating to the vacation of right-of-way.

(b)

Requirements.

(1)

From time to time, the city council may grant to a developer the privilege of platting and developing a residential subdivision as a "gated community" in which the subdivision infrastructure may be located on privately controlled easements or tracts, not public rights-of-way. The privilege of having a gated community runs with the land, but is subject to forfeiture for failure to comply with any of the requirements contained in this section. Upon forfeiture of the privilege, the city may prohibit the closure of gates. Thereafter, if and when the subdivision right-of-way are dedicated or otherwise conveyed to the city, the city shall assume responsibility for street and drainage system maintenance and, if accepted by city, any utilities that may otherwise be applicable and/or controlled or owned by the HOA or developer.

(2)

All gated communities approved by the city council must comply with the following:

a.

Streets, stormwater detention/retention areas, and other applicable infrastructure must be platted as separate tracts.

b.

Streets, stormwater detention/retention areas, gates, and other applicable infrastructure must be owned and maintained by an HOA.

c.

Access-easement rights over the platted roadway right-of-way tracts must be dedicated or otherwise granted to the owners of each lot within the subdivision and to all their successors in interest. Additionally, access easement rights over such tracts must be dedicated or otherwise granted in favor of utilities and all emergency service providers.

d.

The developer shall construct the streets, drainage systems, and other required infrastructure, including gates, to city standards and shall comply with the provisions of City of Minneola Land Development Regulations regarding guarantees and sureties. Vehicle gate openings shall be a minimum of 20 feet wide and must be constructed and installed consistent with city fire code standards to ensure accessibility of fire/rescue and other emergency service vehicles and equipment.

e.

Developer shall submit all plans for proposed gates to the city for review and approval. Developer shall provide appropriate stacking lanes and shall locate, install, and operate all gates in a manner that ensures gate traffic does not interfere with or otherwise obstruct traffic on nearby public streets and roadways. Entrance gates shall be owned and maintained by an HOA and may be required by the city to be equipped with an appropriate device as determined by city to allow emergency access to the subdivision by fire/rescue, police and other emergency-response personnel. The device must be submitted to the fire department for inspection and, the entrance gates may not be closed unless and until the department determines that the device is acceptable and in good working order. Entrance gates must remain open if not acceptable or in good working order until the gates are repaired or otherwise become acceptable to city. Repairs and replacements to damaged, malfunctioning, inoperable, or unacceptable gates must be promptly commenced and completed by the responsible HOA.

f.

Simultaneous with the recording of the subdivision plat, the developer must record in the Public Records of Lake County, Florida, a document or documents (referred to in this section as the "declaration"). The declaration shall govern all platted lots within the subdivision, shall impose requirements and restrictions that run with the land, and shall address the responsibilities for the ongoing maintenance and repair of the subdivision infrastructure. The terms of the declaration shall be to the city's satisfaction, legally sufficient and enforceable to accomplish or otherwise ensure, at a minimum, the following:

1.

Require the establishment and maintenance of an HOA with the ability and duty to levy and collect regular and special assessments for repairs and maintenance (including resurfacing) of the streets and repair and maintenance of the drainage system, such assessments to be in an amount or amounts approved by the city prior to recordation as sufficient for such routine annual maintenance. The HOA shall have the right to enforce payment of assessments by the imposition and enforcement of liens for unpaid assessments, such enforcement to be by way of foreclosure or other remedy authorized by statute, ordinance or case law in the State of Florida.

2.

Require the establishment and maintenance of an HOA fund for reserves for periodic major maintenance to the streets and drainage system, including ponds, with minimum level of reserves to be maintained in perpetuity and replenished from time to time, as necessary, by assessment, and such minimum level of reserves shall be in such amount or amounts approved by the city prior to recordation. For purposes of establishing appropriate reserves and appropriate assessments as set forth above, the developer or HOA shall submit, as required by city, replacement costs and life cycle information, as to infrastructure/improvements certified by a qualified engineer and other appropriate experts.

3.

Require and provide that all street and/or drainage system funds shall be held in accounts separate and apart from all other HOA funds.

4.

Require the establishment and maintenance of an annual statement or other financial report (in form and detail acceptable to the City of Minneola) to be submitted to city confirming existence of the funds.

5.

Require that every five years (or more often if deemed necessary by City) after the certificate of completion an annual inspection of the streets and drainage systems by a registered civil engineer be performed and provided to the city. This inspection shall, using good engineering practice, determine the level of maintenance and identify any needed repairs. The inspection shall be written into a report format.

6.

Require that all remedial work recommended by the engineer in any engineering report specified in subparagraph v above be completed by the HOA within 60 days following receipt by the HOA of such engineering report unless the recommended remedial work is of such a nature or character as not be susceptible of completion within said 60-day period, in which event, the HOA shall be required to commence within said 60-day period all actions and measures reasonably necessary to effect completion of the recommended remedial work and to diligently and continuously prosecute such actions and measures to completion such that, in any event, the recommended remedial work is completed not later than 180 days following receipt by the HOA of said annual engineering report.

7.

Provide that the engineering report shall be submitted to city engineer within 30 days after written receipt of the report by the HOA.

8.

Require that the streets shall be resurfaced every 15 years unless the engineering report referenced in subsection 5. above makes a recommendation to either shorten or lengthen that timeframe based on the documentation of conditions as contained in the report.

9.

Require all sale contracts in which the developer is involved to expressly disclose these requirements (directly, not by reference), including contracts for resales. When the developer is not involved in the transaction, this provision shall be complied with to the greatest extent practicable.

10.

Expressly indemnify, defend and hold the city harmless from any loss, cost, damage or expense, including reasonable attorneys' fees at the trial level and in any appellate or bankruptcy proceeding, arising, directly or indirectly, out of a) operation, maintenance, repair and/or reconstruction of the streets, gate(s), and/or drainage systems, or b) tort liability related to or stemming from the streets, gate(s), and/or drainage system. The duty to so indemnify, defend and hold the city harmless shall be that of the HOA and the developer, jointly and severally, but a) the duty of the developer shall exist only for the period the developer controls the HOA, and b) the recourse of the city as respects the liability of the developer shall extend only to the right, title, interest and/or estate of the developer in or to any of the platted lots.

11.

Expressly disclose that homeowners' get no discount in taxes because of private streets or drainage system.

12.

Expressly disclose in recorded covenants for the subdivision that the city is not responsible for the community's roads, retention areas, and other infrastructure/improvements.

13.

Declare that upon any default in any of these requirements, the city, at its option and after due notice of its declaration of a default and the stated time to cure, may remove the gates and upon dedication of the rights-of-way assume responsibility for maintenance, using those HOA funds dedicated to streets and/or drainage systems maintenance and repair, or if none or an insufficient amount exist, a temporary municipal service taxing unit in an amount necessary to accomplish the task.

(Ord. No. 2020-18, § 1(B), 1-5-2021)