4.1.1.

Purpose and intent.

1.

The public health, safety, comfort, and welfare require that the development of land be conducted in a harmonious, orderly, and progressive fashion within the corporate limits of the city. Once land has been subdivided into building lots, blocks, and streets, the correction of defects is costly and difficult. Substantial public responsibility is created by each new subdivision, involving the maintenance of streets and drainage facilities, and the provision of additional public services. As the general welfare, health, safety, and convenience of the community are thereby directly affected by the use of land as a subdivision, it is in the direct interest of the public that subdivisions be conceived, designed, and developed in accordance with sound rules and proper minimum standards. Consideration shall be given to the character of an area and the availability of public facilities to ensure the compatibility and coordination of land uses and facilities within a given geographic unit.

2.

The purpose and intent, therefore, of this chapter is to serve as one of the several instruments of land use control authorized by the state legislature for the city, and to secure:

a.

The establishment of standards of subdivision design which will encourage the development of sound and stable areas within the corporate limits of the city.

b.

Installation of prescribed improvements by the land developer which ought not become a charge on the citizens and taxpayers of already existing areas.

c.

The adequate and efficient supply of utilities, streets and services to new land developments.

d.

The prevention of haphazard, premature, or scattered land development.

e.

The prevention of traffic hazards and congestion which result from poorly aligned streets, and from excessive ingress and egress points along major traffic arteries; and the provision of safe and convenient traffic circulation, both vehicular and pedestrian, in new land development.

f.

Safety from fire, panic and other dangers, to promote health and the general welfare.

g.

Protection from flooding hazards, including proper stormwater management.

h.

The provision of public open spaces in new land developments through the dedication or reservation of land for recreational, educational and other public purposes.

i.

Coordination of land development in accordance with orderly physical patterns and general plans and policies adopted by the city council, in particular the city's comprehensive plan.

j.

Protection of the natural and scenic resources of the city, including surface waters and groundwater recharge areas.

k.

Adequate design that creates interconnectivity between adjacent subdivisions and undeveloped parcels which will promote vehicular, bicycle and pedestrian connection to the greatest extent possible.

4.1.2.

Applicability.

1.

The provisions of this chapter are applicable to the division of a parcel of land into two or more parcels of land, and includes, but is not limited to, all cases where:

a.

The subdivider advocates, proposes, suggests, or exhibits a proposed plan, map, or plat of development of land; or

b.

The subdivider proposes to create a street, right-of-way, or easement that joins or connects to an existing public street.

2.

This chapter shall not be construed to have the effect of repealing any existing ordinance concerning the subject matter of this chapter, but the regulations established herein shall be supplemental and cumulative. However, in the case of a direct conflict with a provision or provisions of any existing ordinance, the provision which is more restrictive and imposes higher standards or requirements shall govern.

3.

Plats may also be filed for streets, rights-of-way, or easements. All plats filed shall meet all requirements as set forth in this chapter and follow the procedures as herein set forth.

4.

The alteration of an existing platted lot line shall be accomplished by the filing of a replat of the portion of the subdivision in question. The alteration of an existing boundary line which has not been established by a plat may be accomplished by the filing of a request with the city council which, in its sole and absolute discretion, may either grant or deny the request for the alteration.

(Ord. No. 702, § 1, 10-21-97; Ord. No. 714, § 11, 4-7-98; Ord. No. 2007-941, § 2, 7-3-07)

4.2.1.

Intent. There shall be a three-step process for the approval of all subdivision plats. This process is intended to permit full and adequate review by the city in order to ensure and protect the public interest. This process will also benefit the subdivider by identifying conceptual problems with the development and offering solutions to alleviating those problems prior to the preparation of detailed plans. This three-step process shall be (1) development plan, (2) preliminary plat, and (3) final plat. However, at the applicant's request, steps may be combined in an attempt to reduce the time involved. This would be allowed if practical as determined by the development review coordinator and would be at the applicant's own risk.

4.2.2.

Review of development plan.

1.

Purpose. The purpose of the development plan is to provide for an initial review of the development proposal and the basic development concepts prior to proceeding with the detailed phases of the preliminary plan. The applicant will provide a concise statement and description of the development proposal. The expenses for engineering studies, detailed surveying, legal information and planning studies may not be necessitated at this stage.

2.

Initial point and deadline. All submittals must be made to the development review coordinator in order to be scheduled for the next regularly scheduled development review committee meeting.

3.

Submittals and fees. Development plan submittals shall be as required by subsection 4.3.2; appropriate fees shall be paid at the time of submittal.

4.

Review process. Each development plan shall follow a standard review process as outline below:

a.

All submittals will be compiled and circulated by the development review coordinator to the members of the development review committee.

b.

The submittals shall be reviewed by the development review committee with the applicant or his representative(s) present, if he so elects.

c.

If significant problems with the design layout or physical properties with the site are indicated, the development review committee may require that the subdivider provide additional information as it deems necessary before making a decision on the development plan as submitted.

d.

The development review committee will make the decision to approve, approve subject to specific changes, or disapprove the development plan. If the applicant disagrees with any requested changes or restrictions, he may appeal to the planning and zoning commission by filing a written letter detailing each specific fact or situation relative to the appeal. Approval of the development plan shall authorize the applicant to prepare the preliminary plat.

e.

If not present, the applicant shall be notified in writing of the decision of the development review committee and/or the planning and zoning commission.

5.

Time limit on approval. An approved development plan will automatically lapse if a preliminary plat has not been submitted for the site within six months of development plan approval. An extension to the six-month time limit may be considered by the planning and zoning commission upon written request by the subdivider prior to the expiration date which shows good cause for the extension. Only one [to] six months' extension shall be allowed.

4.2.3

Review of preliminary plat.

1.

Purpose. The purpose of the preliminary plat is to permit complete and accurate presentation of technical data and preliminary engineering drawings in such a manner as to allow complete review and evaluation of the proposed development and its impact upon both the site and surrounding areas.

2.

Initiation point and deadline. All submittals must be made to the development review coordinator by the first Monday of any given month.

3.

Submittal and fees. All submittals shall be as outlined in subsection 4.3.3, plus any other additional submittals which were requested as a condition of development plan approval; appropriate fees shall be paid at the time of submittal.

4.

Review process. Each preliminary plat shall be subjected to a standard review process as outlined below:

a.

The development review coordinator receives all submittals, ensures that they are complete, and distributes them to the appropriate development review committee members.

b.

The proposed preliminary plat is reviewed by the development review committee. Recommendations are forwarded to the planning and zoning commission.

c.

Based on the information generated and the recommendations of the development review committee, the planning and zoning commission shall recommend either approval, disapproval or approval subject to stated conditions. Presentation of the plan must be made by the staff to the planning and zoning commission at a mutually agreeable meeting unless additional information or submittals are required, in which case, the applicant shall have 90 days from the date of action by the development review committee to make all required submittals.

d.

If the recommendation of the development review committee is for denial, the subdivider shall have the option to submit, within 60 days, a revised preliminary plat without fee for review by the development review committee prior to presentation to the planning and zoning commission. Any revisions after the first revision will require an additional preliminary plat fee and will be subject to the same 60 day deadline. An extension to any of these deadlines may be considered by the development review coordinator if a written request is submitted by the subdivider prior to the expiration date.

e.

The preliminary plat shall be submitted to the city council for action at their next regularly scheduled meeting following the review of the planning and zoning commission.

f.

Based on the information presented and the recommendations of the planning and zoning commission, the city council shall approve, disapprove or approve subject to stated conditions.

5.

Time limit on approval. A final subdivision plat or plats shall be submitted within one year after preliminary plat approval for all areas included in the preliminary plat or the preliminary plat approval shall lapse. An extension of the six month limit may be considered by the planning and zoning commission upon written request by the applicant prior to the expiration date showing cause for such an extension. Only two six-month extensions shall be allowed.

4.2.4.

Review of final plat.

1.

Purpose. The purpose of the final plat is to ensure the preparation, completion and recording of a final plat map and its accompanying legal documentation and the review and approval of final technical submittals and engineering drawings.

2.

Initiation point and deadline: All submittals must be presented to the development review coordinator by the first Monday of any given month.

3.

Submittals and fees. All submittals shall be as required by subsection 4.3.4 plus any submittals required as a condition of preliminary plat approval; appropriate fees shall be paid at the time of submittal.

4.

Review process. All final plats shall be subject to a standard review process as outlined below:

a.

All submittals are received by the development review coordinator, compiled and distributed to the appropriate members of the development review committee.

b.

Members of the development review committee shall reply by memorandum to the development review coordinator concerning any comments they have regarding the plat by the last Wednesday of the month. If significant problems exist, as determined by the development review coordinator, with the plat or property to be subdivided, the applicant may be required to meet with the development review committee to discuss those problems and proposed solutions.

c.

If the plat does not meet all requirements, the applicant shall within 60 days, submit a revised final plat, without fee, for review by the development review committee. Any revisions after the first revision will require an additional final plat fee and will be subject to the same 60-day deadline. Deadlines may be extended by the development review coordinator upon receipt of written request prior to the expiration date.

d.

If the plat complies with all requirements, it shall be presented to the chairman of the planning and zoning commission for the chairman's signature within 30 days of determination of compliance. The vice-chairman shall have the authority to sign final plats in the absence of the chairman.

e.

If, following approval of the planning and zoning commission chairman, new problems are discovered or the plat is altered, the plat shall be presented to the planning and zoning commission chairman for reconsideration.

f.

If the plat complies with all requirements, it shall be presented to the mayor for the mayor's signature within 30 days of determination of compliance. The vice-mayor shall have the authority to sign final plats in the absence of the mayor. The final plat shall be presented to the city council only in those cases where agreement cannot be reached between the applicant and the development review committee or in those cases where the mayor feels the plat does not meet all requirements. The council shall have the option of approving the plat as presented or require additional information or revisions.

g.

If the applicant is not present for the submission to council under paragraph 4.2.4.4.f, the development review coordinator shall notify the applicant in writing of the decision of the city council.

4.2.5.

Recording of final plat. The linen, or equivalent material copy, of the approved final plat will be retained by the city for the purpose of recording with the Clerk of the Circuit Court of Lake County after approval by the mayor. All fees and documents required by the clerk for filing and recording of the approved final plat shall be transmitted through the development review coordinator to the County Clerk when final approval is received.

No plat of lands in Mount Dora subject to this code shall be recorded, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such plat has been approved by the city council.

(Ord. No. 2011-02, § 2, 2-15-11; Ord. No. 2013-13, § 2(Exh. A), 10-1-13; Ord. No. 2020-20, § 2, 5-4-21)

4.3.1.

Purpose. The purpose of this section shall be to outline the required submittals for each of the three steps involved in the platting process.

4.3.2.

Required submittals for development plan. The development plan shall be drawn at a scale of not less than 100 feet to one inch, submitted as an electronic document (PDF) and shall show the following: (three paper copies may be submitted in lieu of a PDF).

1.

Title block.

2.

Legend - Title, legal description, scale, north arrow, approximate acreage to be subdivided, current zoning, total number of lots, minimum lot size, name, address and telephone number of the subdivider or his representative(s).

3.

Legal description of the tract to be subdivided.

4.

Vicinity map - Showing relationship between area proposed for development and surrounding streets and public facilities, shall be at a scale of not less than one inch equals 2,000 feet.

5.

Existing streets - The name, location and right-of-way width of all existing streets which abut the proposed subdivision, and existing easements on the property and location of all existing driveways and median openings within 100 feet.

6.

Proposed streets - The width of proposed street rights-of-way.

7.

Lots - Preliminary lot layout with approximate dimensions shown.

8.

Soils:

a.

Soil classification map drawn on the face of the plan for comparison with proposed development activities shall be provided and shall indicate soil classifications on the plat as identified by the United State Department of Agriculture Soil Conservation Service in the "Lake County Area Soil Survey." An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that the identified soils are not classified correctly. If said determination is concurred in by the city engineer, the soils shall be correctly identified for the purpose of this code.

b.

Soils analysis, signed and sealed, by a qualified Geotechnical Engineer and Professional Geologist shall be required with the preliminary plat submittal.

9.

Topography - Contours at one-foot intervals for the tract being subdivided and extending 25 feet beyond the property line including water surface elevations and date recorded.

10.

Other natural features - Including lakes, marshes or swamps, watercourses and other pertinent features as shown on a recent aerial photo. Location of all trees on-site which are a minimum of six inches in diameter measured three feet above ground. Trees with a diameter of 24 inches or greater shall be identified by type, height, diameter and canopy spread.

11.

Limits of floodplain - Indicate flood elevation, drawn on the face of the plan, for 100-year flood as established by the United States Geological Survey Map series entitled, "Map of Floodprone Areas," the Department of Housing and Urban Development "Flood and Floodway Boundary Maps" or the Federal Emergency Management Agency, Federal Insurance Administration (FEMA/FIA). An applicant may challenge this designation by securing competent expert evaluation, at the applicant's own expense, demonstrating that the property does not fall within the designated flood delineation. If the expert determines that the property in question is not within a floodprone area, and this determination is concurred in by the floodplain manager and the city engineer, the purpose of this section shall be fulfilled.

12.

Utilities - Proposed source of water, sewer, electric and gas.

13.

Drainage concept plan - Indicate general flow directions and retention areas.

14.

Boundaries of the tract shown by a heavy line.

15.

Zoning on adjacent sites.

16.

Names of abutting subdivisions, if any, and the recordation date and plat book and page number.

17.

Other existing improvements including buildings on the tract.

18.

Proposed and existing easements.

4.3.3.

Required submittals for preliminary plat. Required submittals for the preliminary plat shall consist of a plat, preliminary engineering drawings, and other auxiliary submittals as herein stated:

1.

Plat requirements. A preliminary plat, drawn at a scale not less than 100 feet to one inch prepared by a registered surveyor and engineer and submitted as an electronic document (PDF) showing the following either graphically or by notes: (three paper copies may be submitted in lieu of a PDF).

a.

Title block - The title or name of the proposed subdivision, the name and address of the owner of the tract proposed for development, and the name and address of the engineer and surveyor engaged to prepare and design the preliminary plat.

b.

Legend - Date, scale of plat, north arrow, current zoning, total number of lots and minimum lot size.

c.

Legal description - A full and detailed legal description of the tract to be platted and its approximate acreage.

d.

Vicinity map - Showing relationship between area proposed for development and surrounding streets and public facilities, shall be at a scale of not less than one inch equals 2,000 feet.

e.

Streets - The location, name and right-of-way and pavement width both on and immediately contiguous to the subdivision tract shall be shown.

f.

Public open space and easements - Existing park lands, lakes, waterways with the tract to be subdivided shall be shown. Existing public easements shall be shown on the plat. The purpose for such easement shall be indicated.

g.

Dedications and reservations - All parcels of land proposed to be dedicated or reserved for public use, such as roads, easements, parks, sidewalks, bicycles or pedestrian trails, shall be indicated on the plat. Proposed rights-of-way street names shall be indicated.

h.

Lot lines, areas and numbers - The proposed lot line, lot area, appropriate dimensions and lot numbers shall be shown. Lots shall be numbered in consecutive order starting with the numeral one for the first lot in each block, or other manner as approved by the city.

i.

Topography - Contour intervals of one foot, except where determined to be unreasonable by the city engineer.

j.

Proposed building setback lines.

k.

Phasing - Planned phasing, if any, should be shown. Each phase should be designed to stand on its own if subsequent phases are not developed.

l.

All new developments, including public rights-of-way, shall utilize lighting fixtures designed and located to minimize glare and reduce light trespass and overhead skyglow. All fixtures shall be designed meeting the International Dark Sky Association principals.

m.

All new developments shall provide street light poles and fixtures meeting the city's fixture and pole design styles as provided in the City of Mount Dora Standard Details Construction Manual.

n.

All new developments are required to be energy efficient (ex. Energy Star).

o.

All new developments with 20 lots or more are required to provide a recreational tract for use of a park or other recreational feature.

2.

Other submittals.

a.

Arbor information: The location of all trees greater than six inches in diameter measured approximately four feet above the ground in rights-of-way and easements shall be indicated.

b.

Covenants: A draft copy of any proposed protective covenants or deed restrictions shall be submitted.

c.

A professionally conducted survey of native vegetative communities shall be required for all proposed development sites of 30 acres or more where native habitat exists on the site. This survey shall be conducted by an ecologist, biologist, or similar professional and shall include an inventory of wildlife, as well as state and federally listed endangered and threatened animal and plant species, and species of special concern. Site surveys shall address the following:

(1)

The size and distribution of native habitat;

(2)

Wildlife and listed species populations within the proposed development site;

(3)

The feasibility and viability of on-site protection and management;

(4)

Whether the proposed development site includes a wildlife corridor and the feasibility of maintaining the wildlife corridor;

(5)

The appropriateness of mitigating the impacts of development by the relocation of the listed species to an acceptable off-site location, in the event that on-site protection is shown to be ineffective.

The developer and the city shall use the information gathered from the survey to develop and implement a plan to protect state and federally listed endangered and threatened plant and animal species and species of special concern.

Any development project of 30 or more acres shall be required to preserve native and upland habitat in accordance with the guidelines of the United States Fish and Wildlife Service and the Florida Freshwater Game and Fish Commission, as applicable.

d.

The city recognizes the need to protect specific rare natural communities within the Wekiva Study Area. These include the longleaf pine, sand hill, sand pine and xeric oak communities. A site assessment produced by an environmental professional verifying the existence or lack thereof of these natural communities shall be required for all sites over 30 acres in size. If portions of these communities (less than or equal to 50 percent) exist on potential development sites they shall be protected The development potential lost through this protection shall be allowed to be transferred to more appropriate areas of the site. If more than 50 percent of the site is encompassed by one of these communities, 50 percent of the natural community shall be protected with the density transferred from the protected portion of the site to the developed portion.

For sites greater than 100 acres which have more than 50 percent of the site containing sensitive upland habitats, at least 50 percent of the site must be maintained as open space and that portion must contain the sensitive habitat.

As part of this assessment the developer shall identify any karst features located on the site. These shall include, but not be limited to, sinkholes and limestone outcroppings. All development shall maintain a 50-foot buffer from these karst features.

4.3.4.

Required submittals for final plat. The required submittals, meeting the legal requirements of platting, of the final plat shall consist of a fully executed correct plat map, meeting all state and county standards, final engineering drawings and auxiliary submittals, and all required legal instruments.

1.

General. The final plat shall be drawn with black drawing ink on linen tracing cloth or equally durable material, using sheets 24 inches by 36 inches. Each sheet shall have a marginal line completely around the sheet placed to leave three-inch binding margin on the left and one-inch margin on the other three sides. Final plats shall meet all the requirements of F.S. ch. 177, and shall be so certified by the land surveyor. The final plat shall be at a scale of not more than 100 feet to the inch. All dimensions shall be to the nearest one-hundredth of a foot and angles to the nearest second of a degree.

2.

Plat requirements. The final plat shall constitute only that portion of the approved preliminary plat which the applicant proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. The total number of review plat sets shall be prescribed by the city. Final plat showing the following information shall be provided:

a.

Title block to include the name of the subdivision, the appropriate section, township and range, and the "City of Mount Dora, Lake County, Florida."

b.

The legal description of the area contained within the plat with bearings and distances and with references to a subdivision corner tie.

c.

A vicinity map, at scale, showing the proposed subdivision in relation to the surrounding streets.

d.

The location of all permanent reference markers (PRM's) in conformance with state statutes. PRM's shall be placed no more than 800 feet apart within the platted lands and on the exterior boundaries thereof so as to provide definite reference points. PRM's shall be set at all points of curvature, point of reverse curvature, points of tangency, and each corner or change in direction. The monuments shall be four inches by four inches reinforced concrete, 24 inches long, and have the reference point marked thereon. All monuments shall have their location indicated on the plat and referenced by angle and distances. The monuments shall be marked "Permanent Reference Monuments" or "PRM." A signed and sealed letter by the platting surveyor stating that all PRM's have been set must be received prior to recording of the plat.

e.

A legend which defines all symbols, shows stated and graphic scale, and displays north arrow.

f.

Sufficient data to determine readily, and to reproduce on the ground, the location, bearing and length of each street right-of-way line, boundary line, block line and building line, whether curved or straight, adequately correlated with monuments and markers.

g.

The right-of-way lines, widths and names of all streets and roads.

h.

The radius, central angle and arcs of all curved streets, and curved property lines.

i.

Lot line dimensions and lot and block numbers.

j.

Proposed building setback lines from side, front and back lot lines, if different than those specified by chapter III.

k.

Location and width of canals and waterways.

l.

Dedications, reservations and easements, showing widths and purpose, shall be delineated on the face of the plat and shall not be incorporated by reference.

m.

The names, locations, and plat book and page numbers of abutting subdivisions and streets, and the location of abutting subdivisions.

n.

Certificates, as required by Florida Statutes, of owners showing dedications; of surveyor confirming correctness; of planning and zoning commission approval; of city council approval; and for Clerk of Circuit Court recording. Signatures of owners must be in conformance with F.S. §§ 692.01, 689.01, 695.25, and 695.26, as applicable.

o.

A certificate of consent and approval by mortgagee on the plat or as a separate instrument.

p.

A minimum of two horizontal control points on the boundary of the plat with State Plane Coordinates (Florida East Zone) shown on the plat for each point established. The acceptable methods for establishing these control points shall be as follows:

1.

Direct Global Positioning System (GPS) observation, in accordance with Third Order, Class II requirements as set forth in Standards and Specifications for Geodetic Control Networks, Federal Geodetic Control Committee, September 1984. A certification by the surveyor and mapper in charge of the establishment of these points will be required as part of the submittal of the final plat.

2.

Self-closing (looped) traverse(s), conducted between two existing control stations of the Lake County Geodetic Control Network and the plat boundary, with a minimum precision of no less than one part in 12,000 before adjustment.

3.

Self-closing (looped) traverse(s), conducted between one existing horizontal control station of the Lake County Geodetic Control Network, the plat boundary, and a line whose azimuth has been determined by astronomic observation or GPS, with a minimum precision of no less than one part in 12,000 before adjustment. Astronomic or GPS observations shall be performed in accordance with Third Order, Class II requirements set forth in Standards and Specifications for Geodetic Control Networks, Federal Geodetic Control Committee, September 1984.

Horizontal control stations that are used shall be shown on the plat by graphically identifying their location, name and number. The final adjusted direct tie (bearing and distance) shall be shown between those horizontal control stations and specific points on the plat boundary. If only one horizontal control station was located as in subsection c. above, a bearing diagram shall be shown on the plat relating the bearing structure shown on the plat to grid north.

3.

Engineering drawings. Three copies each of final engineering plans and specifications for the following improvements, both on-site and off-site, shall be submitted to the development review coordinator at the same time as final plat submittal.

a.

Water system. Size, material and location of water main, plus valves and hydrants.

b.

Sewer system. Size, material and location of lines, with submittal of profile where required.

c.

Stormwater drainage facilities.

d.

Bulkheads.

e.

Streets.

f.

Sidewalks, bicycle paths and pedestrian paths.

g.

Excavation and fill.

h.

Landscaping and irrigation.

4.

Additional required legal submittals. This approval of the final plat shall be made only pursuant to certification of adequacy of the following list of required submittals by the public services director and city attorney as appropriate.

a.

Bonds: The approval of any plat shall be subject to the condition that the installation of all infrastructure, such as storm drainage facilities, bulkheads, streets, and water, sewer, reclaimed water lines, or other required improvements will be constructed according to approved plans by filing a performance bond or bonds executed by an approved corporate surety company in the amount of 110 percent of the construction costs. Cost for construction shall be: (1) estimated by the applicant's engineer or, (2) based upon the actual costs set forth by a bona fide construction contract for the project. The amount of the performance bond must be approved as adequate by the public services director. In lieu of performance bonding, improvements may be installed following final plat approval and preceding final plat recording subject to the approval of the public works director. In cases where improvements are installed prior to recording, a maintenance bond in the amount of 20 percent of the total cost of improvements must be submitted. The plat cannot be recorded until the maintenance bond is approved. In private subdivisions, where no facilities are to be dedicated to the public, the required performance and maintenance bond shall run to the property owners' association, not to the city. Bonding requirements may also be met by the following, but not limited to:

1.

Escrow deposit;

a.

Cashier's check.

b.

Certified check.

2.

Others, as approved by the City Council which may include developer-lender-city agreement for providing public improvements, assignment of interest-bearing certificate of deposit, irrevocable letters of credit or developer's agreement.

3.

Forms of all bonds, agreements and letters of credit must be approved by the city attorney.

b.

Covenants: Any protective deed covenants to be placed on the property shall be notarized and in a form suitable for recording.

c.

Title certificate: A certificate of ownership, signed by a licensed attorney-at-law or an abstract company, in form approved by the city attorney, and showing:

1.

Parties executing plat are owners of land embraced by the plat.

2.

All mortgages, liens or other encumbrances.

3.

That all taxes and assessments are paid to date.

4.

Description of plat is correct.

5.

No conflicting rights-of-way, easements or plat exist.

5.

Other required submittals.

a.

Arbor information: The location of all trees within road rights-of-way and easements to be cleared will be submitted to the development review coordinator, if different information than shown on the preliminary plat. Any necessary tree replacement shall be recommended at this stage.

b.

Addresses: The developer shall provide for approval by the city address numbers for all proposed lots and tracts as shown on the proposed plat with a spread sheet containing the assigned address, lot, and street name (electronic format may be required for developments greater than 12 lots). The address ranges shall follow the city's address grid and house numbering system. This requirement may be waived by the development review coordinator depending on complexity of the proposed development plan.

c.

Letters of service: Letters will be submitted by all appropriate utility companies stating that all easements are adequate.

d.

As-built record drawings: Three copies of as-built record drawings shall be required prior to the issuance of a certificate of occupancy or issuance of site certification. As-built record drawings shall be prepared, signed and sealed by the engineer of record. The city shall not accept improvements nor issue a certificate of occupancy or issuance of site certification until three copies of as-built record drawings are submitted to the city and reviewed, and determined to be consistent with this code. Also, see sections 7.10.8 and section 7.13.6 of this code for specific as-built plan requirements for utility construction specifications.

e.

A copy of the final recorded plat drawn with black drawing ink on linen tracing cloth or equally durable material along with two paper copies shall be provided to the city.

6.

[Design and drafting methods used in preparation of subdivision plat.] Computer aided design and drafting (CADD) methods shall be used in the preparation of the subdivision plat and a copy of the associated electronic data file shall be provided to the city. Any graphics file in electronic format shall be in AutoCAD native file format (.dwg) or file exchange format (.dxf) compatible with AutoCAD version 12 or later. Graphics files shall use the same bearing structure and coordinate system as the Lake County Geodetic Control Network and the Horizontal Control Station used to satisfy subsection 4.3.4.5.p of this part. This provision shall be effective July 1, 2004. Subdivisions of less then 20 lots shall be exempt from the subsection 4.3.4.5.p.

4.3.5.

Minor subdivision and resubdivision approval. Where property abuts an existing dedicated pubic right-of-way of at least 50 feet in width, and no new improvements for water, sewer or drainage are required; and where the proposed subdivision contains two or fewer commercial lots having common access to existing public roads, or three or fewer residential lots, the city may waive conceptual or development plans and permit the final plans and plat to be presented to the city council for approval, approval with conditions or disapproval. For resubdivision of lots of record pursuant to subsection 4.3.9, the 50-foot right-of-way width test will be considered as having been met if, without changing access, the property being resubdivided has access to a 50-foot wide right-of-way. Penalties for the illegal subdivision of property shall include, but are not limited to the following:

1.

Prohibit issuance of building permits on illegally subdivided lots;

2.

Seek an injunction requiring the illegal subdivision to be dissolved; or

3.

Seek an injunction requiring the removal of any structures placed on the illegally subdivided lots.

4.3.6.

Minor deviation to approved plan/plats: Development plan, preliminary plat, or final plat that have received city approval may file an application for minor plan (minor deviations) revisions that meets the following criteria:

1.

A minor deviation is a deviation from a development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

a.

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

b.

Minor changes in utility design, such as pipe sizes, locations, etc.

c.

Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open space associated with any single structure by not more than five percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this code.

2.

Major deviations. Any deviation from a plan/plat that does not meet the criteria for a minor deviation, as defined above, shall be considered a major deviation. Major deviations shall following the normal application review process pursuant to this code.

3.

The city's acceptance of the revisions shall not grant any time extensions. The approval date of the plan/plat shall be the initial action taken by the city regardless of the timing of the plan/plat revisions.

4.

Proposed minor deviations may be considered by the development review committee after filing an application with format provided by the city, the revised plan sheet(s), and filing fee.

4.3.7.

Vacating of plats.

1.

By owner:

a.

The owner(s) of any land subdivided by way of a plat may petition the city under the provisions of F.S. § 177.101, to remove (vacate or annul) the existing plat, or portion of a plat, from the official record of the county. The petition must contain the signatures of all owners of property affected by the vacation.

b.

The applicant for vacating a plat or a part of a plat shall file the petition, a certificate of title, a statement of taxes, and shall pay the appropriate filing fee as established by the city.

c.

Following review of the appropriate departments, the petition shall be acted upon by the city council.

d.

The applicant shall be responsible for recording the petition and the proof of publication with the Clerk of Circuit Court for the County.

2.

By city:

a.

The city council may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction.

b.

This action may include the vacation of dedicated rights-of-way and easements, provided that:

1.

The subdivision plat was lawfully recorded not less than five years before the date of this action by the city council; and

2.

No more than ten percent of the total subdivision or part thereof has been sold as lots by the original subdivider or his successor in title.

c.

This action shall be based on a finding by the city council that:

1.

The proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the area; and

2.

The pubic health, safety, and welfare will be promoted thereby.

d.

Before acting on a proposal for vacation and annulment of subdivided land, the city council shall hold a public hearing.

3.

Access to individually owned parcels: No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat or a portion of a plat, of reasonable access to the parcel, nor of reasonable access therefrom to existing facilities to which the parcel has access. However, the access remaining or provided after such vacation need not be the same as that theretofore existing.

4.3.8.

Vacating of rights-of-way and easements.

1.

Roads, rights-of-way and easements may be vacated at a public hearing of the city council.

2.

The applicant must submit a petition and legal description of the area to be vacated as well as a survey identifying all structures and utilities, if any, located in the legally described area. A revised plat may be required by the city.

3.

The city council will consider the petition based on the recommendations of appropriate departments in regard to the possible effect of the proposal on the city in general, the immediate neighborhood, and individuals near the specific land in question.

4.3.9.

Release of plats. Plats shall not be released by the city for recording until construction of infrastructure is complete and approved by the city or a bond is posted under subsection 4.3.4.4. Recording of plats shall be accomplished by the city; however, the developer shall be responsible for the fee therefor.

4.3.10.

Resubdivision of lots of record. Where property consists of at least two, but less than four, residential single-family lots of record, and no new improvements for water sewer or drainage are required, the property owner may resubdivide the lots within the parcel in order to provide for greater individual lot sizes. Such subdivision shall not increase the buildable density of the parcel nor decrease any lot size. In order to establish such resubdivision, the property owner shall follow either the minor subdivision approval process or the standard subdivision approval process. The above notwithstanding, a resubdivision of lots of record which complies with all other requirements of this section may, with the approval of the city council in its sole and absolute discretion, result in the decrease of the size of not more than two lots if such decrease is necessary to provide an increased lot size for at least one of the lots so that a house placed upon the lot to be increased can be shifted in order to preserve a tree of at least three feet in diameter and still meet setback requirements.

4.3.11.

Environmental information. The developer of any subdivision shall provide educational brochures informing property purchasers within the property of the of the necessity of, and the methods for, protecting the aquifer and any lakes, streams, wetlands or other sensitive environmental features on or adjacent to the subdivision. A reference to this requirement shall be placed in the restrictive covenants for the project.

4.3.12.

Plat expiration. A site development permit shall be issued by the city within one year of final plat approval by the city council or the recorded plat as required by subsection 4.2.5 shall expire and the development order revoked. If a site development permit is issued within one year of final plat approval by the city council, a recorded plat shall expire upon the lapse of the site development permit. The site development permit will become void if final inspection approval is not obtained within 24 months of issuance of the permit. An extension of the 24-month limit may be considered by the planning and zoning commission upon written request by the applicants prior to the expiration date showing cause for such an extension. Only one extension not to exceed 24 months shall be allowed.

(Ord. No. 702, § 2, 10-21-97; Ord. No. 714, §§ 12, 13, 4-7-98; Ord. No. 189a, § 1, 6-20-00; Ord. No. 849, §§ 12—14, 6-15-04; Ord. No. 904, § 1, 8-15-06; Ord. No. 2007-961, § 2, 10-2-07; Ord. No. 2008-1003, § 2, 6-17-08; Ord. No. 2012-11, § 2, 8-21-12; Ord. No. 2012-19, § 2, 12-4-12; Ord. No. 2013-13, § 2(Exh. A), 10-1-13; Ord. No. 2020-20, § 2, 5-4-21; Ord. No. 2021-09, § 2, 7-20-21)

4.4.1

Penalty.

1.

It shall be a violation of this land development code for any person to construct, open, modify, or dedicate any street, driveway, sanitary sewer, water main, or drainage structure without first having obtained site plan or subdivision approval and otherwise having complied with the provisions of this chapter. It shall also be a violation for any person to sell any lot, or lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or drainage structure without first having complied with the provisions of this chapter, or otherwise violate any provision of these regulations.

2.

Any person, whether as owner, lessee, principal, agent, employee, or otherwise, who violates any of the provisions of this code, or permits any violation to continue, or otherwise fails to comply with the requirements of this code or of any plan or statement submitted and approved under the provisions of this code, shall be guilty of a violation and subject to prosecution. Upon conviction, that person shall be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day a violation continues shall be considered a separate offense. In addition to any other penalties, the city may refer any violation of these regulations to the code enforcement board.

(Ord. No. 2007-961, § 3, 10-2-07)