New Smyrna Beach City Zoning Code

ARTICLE X

- SUBDIVISIONS

1001.00.- In general.

The provisions of this article shall be in addition to the specific requirements of Florida Statutes regarding the subdivision of land, and subsequent sale of subdivided land.

When an approved plat is recorded by the owner, all streets, rights-of-way, public lands, easements and other facilities shall be deemed to have been dedicated to the parties noted on the plat. However, nothing herein shall be construed as creating an obligation on the part of any governmental agency to perform any construction or maintenance except where the obligation is voluntarily assumed.

(Ord. No. 35-11, § 6, 6-28-2011)

1002.00. - Jurisdiction.

Subdivision plat required. No real property shall be divided into two or more lots for the purpose of sale or other transfer of ownership, development plans be approved or permits issued without compliance with the requirements of this chapter.

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

(1)

The combination or recombination of previously platted lots or portions of lots, where the overall number of lots is not increased and all of the resultant lots meet or exceed the dimensional standards of this Code.

(2)

A minor subdivision shall be exempt from the review and approval of a plat.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 51-12, § 1, 5-8-2012)

1003.00. - Improvements required.

All subdivisions shall provide improvements required in this article. The requirements and standards of this article shall be considered as the minimum required to meet the intent of this Code.

Completion or bonding of improvements prior to recording of plat. A final plat shall not be signed by the mayor and city clerk in order to allow it to be recorded until required improvements have been installed and accepted by the city. Alternatively, the developer may provide a construction guarantee equal to 115 percent of the estimated costs of the improvements in order to record the final plat. Such guarantees must be in a form acceptable to the city engineer and city attorney.

Maintenance sureties. A two-year maintenance surety must be provided by the developer after construction is completed and a letter of completion is issued to ensure proper maintenance. The maintenance surety shall be equal to ten percent of the construction cost of the improvement.

Adoption of standard construction details.

(1)

All construction shall comply with the standard construction details for roadway cross sections as adopted by the city.

(2)

All construction shall comply with the standard construction details for utilities as adopted by the Utilities Commission, City of New Smyrna Beach.

(3)

Any deviation from the adopted standards shall be clearly noted as such in all plans and specifications. If inadvertent deviations in plans are not so noted, adopted standards shall apply.

Issuance of building permits and certificates of occupancy.

(1)

Building permits shall not be issued for an approved subdivision until the plat for that subdivision has been recorded, except for model homes, when approved in accordance with section 1012.00 of this article, and other appurtenant features such as walls, fences, and entry signs.

(2)

Certificates of occupancy shall not be issued for a recorded subdivision until all public improvements have been accepted by the city. However, where existing improvements installed as part of a prior adjacent subdivision provide all necessary improvements for a lot or lots in a new subdivision, the administrative official may include authorization to issue certificates of occupancy for such lot(s) in the development order for the new subdivision.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 104-20, § 1, 12-8-2020)

1004.00. - Paving and drainage improvements.

The following paving and drainage improvements shall be constructed in all subdivisions, and shall include the complete clearing and grading of all road rights-of-way, unless specifically shown otherwise on the approved plans.

Roadways and streets. 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. In addition, any unpaved streets which provide access to the subdivision shall be improved as required in this section.

(1)

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:

Existing streets ending at the project boundary shall be continued into the project, if otherwise permitted by this Code.

Proposed streets shall be designed to provide access to adjoining unsubdivided tracts at logical locations for future subdivision.

A minimum of two points of access shall be provided into each subdivision of 25 lots or more. Where adjoining existing development and code requirements preclude the development of two public street access points, an unobstructed drivable access way shall be substituted.

Street jogs with centerline offset shall be prohibited.

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

All new collector roads shall have a minimum right-of-way of 80 feet.

All new arterial roads shall have a minimum right-of-way of 100 feet.

All cul-de-sacs shall have a minimum bulb radius of 55 feet and pavement radius of 45 feet.

Cul-de-sacs shall not exceed 1,000 feet in length, unless necessitated by topographic or environmental constraints.

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.

Eyebrow cul-de-sacs shall be designed to accommodate an internal landscaped island or other aesthetic treatment to reduce the visual impact of the expanse of paving. Eyebrow cul-de-sacs are prohibited at intersections.

Where a residential subdivision abuts or includes an arterial or major collector road, streets and blocks shall be designed so that no lot requires access from the arterial or major collector road.

The minimum centerline elevation of all streets shall meet or exceed the 100-year flood elevation.

(2)

Dimensions. Right-of-way widths, pavement widths, minimum curvature, intersection spacing and other roadway dimensions shall be as outlined in the standard construction details.

(3)

Construction. Basic construction requirements for roads are as follows. See standard construction details for detailed specifications (Figures 1—11, attached hereto as Exhibit "A," can be found at the end of this section 1004.00).

All streets, alleys and private roads shall be graded to their full right-of-way width to the cross sections and profiles shown on the approved roadway plans.

All swales and drainage ditches shall be cleared, graded and grassed as shown on the approved plans.

A stabilized subgrade to support the pavement base shall be constructed under all streets, alleys and private roads.

A base of the type and compacted thickness approved by the city engineer shall be constructed on all streets, alleys and private roads.

Asphalt pavement surface of the thickness approved by the city engineer shall be constructed on all streets, alleys and private roads. Where Portland cement concrete pavements are constructed, the asphalt pavement surface requirement may be waived by the city engineer. No street shall be opened unless paved or unless the city commission approves a street paving waiver.

Portland cement concrete curb-and-gutters of a type and size approved by the city engineer shall be constructed along each edge of the street pavement. Where site investigation of soils, groundwater table, slopes, topography and flooding potential demonstrate that right-of-way swale drainage systems will meet the requirements of the city's stormwater management regulations, these systems are encouraged to minimize the impact of surface drainage on the environment. However, curbing shall be required to protect the pavement. Stormwater runoff shall be transmitted from the curb and gutter to the swale drainage system in a manner acceptable to the city engineer.

Where the ground water table is within the stabilized subgrade areas, subsurface drains shall be constructed along such streets. Additional subsurface drains may be required as directed by the city engineer.

Street signs indicating the name of each street shall be installed at all intersections. Traffic signs shall conform to the "Manual of Uniform Traffic Control Devices," current edition.

Sidewalks shall be constructed on both sides of all roadways except where a bike path is provided on one side of the roadway.

The minimum width of sidewalks located along local streets is four feet. The minimum width of sidewalks located along collector and arterial roads shall be five feet.

An eight-foot wide concrete bike path shall be constructed on one side of all arterial or collector roads, or at other locations as designated in the comprehensive plan or this Code.

(4)

Private roadways and streets. Private streets and roads shall be allowed in the city subject to the following conditions:

All streets must be built and maintained to the applicable city, county and state standards.

The owner(s) of any private street or roadway must execute an agreement with the city to maintain the private street, road or way to the applicable city, county and state standards.

The owner(s) of any private street or roadway must provide the city with a performance bond, letter of credit, or other acceptable security to guarantee performance under said agreement.

The agreement shall specifically provide that in the event of any default under the agreement the owner(s) shall deed, in fee simple, the street or roadway to the city, and the city shall be entitled to utilize the performance bond, letter of credit, or other acceptable security to bring the street or roadway up to the applicable standards that may be in force at the time of the default. The agreement shall provide that in the event of default the city shall maintain the street or roadway in the normal and customary manner.

The city commission shall approve the terms and conditions of the agreement and the amount of the guarantee.

Stormwater drainage system. All subdivisions shall construct a stormwater drainage system based on the requirements of article VI of this Code. In addition, the following design requirements shall apply to new subdivisions:

(1)

Stormwater retention area design. Stormwater retention areas shall have a maximum side slope of four feet of run for every one foot of rise. All side slopes shall be sodded. However, flat bottom areas may be seeded and mulched.

Where there are existing or proposed lakes, dry retention areas, or canals or ditches in a subdivision, property lines shall extend to the middle of the proposed facility mandating private ownership and maintenance, or a common area shall be established under a property owners association charged with the maintenance of the facility.

Reasonable area for maintenance of retention areas and canals and ditches shall be provided based on its design and ownership.

(2)

Bridge and box culvert design. Bridges, box culverts, or other vehicular crossing of major waterways or drainage facilities shall be based on the standards adopted by the Florida Department of Transportation.

(3)

Lot grading. A lot grading plan shall be completed for all single-family, duplex, and other subdivisions that do not require additional development plan review prior to building construction.

The lot grading plan shall show the estimated floor elevations of structures, flow patterns for lot drainage, and swales or structures necessary to drain all lots to the public drainage system.

All structures, and any ditches or swales necessary to drain more than the immediately adjacent properties shall be shown for construction as part of the initial subdivision improvements.

Individual lot grading and minor swales draining only adjacent lots shall be shown for construction with the attendant structure(s) as part of the building permit site improvements.

(Ord. No. 35-11, § 6, 6-28-2011)

1005.00. - Utility improvements.

Water and sewer. Water and sewer improvements shall be constructed as outlined in article VI of this Code, and as required by the utilities commission. Water and sewer utilities shall include potable water, sanitary sewer and reclaimed water systems.

Electric. Electric improvements shall be constructed as outlined in article VI of this Code, and as required by the utilities commission.

(1)

Street lights and walkway lights. The electrical distribution system shall be designed by the utilities commission engineering department and included with the approved construction plans.

Street lighting shall be required in all subdivisions and shall be located at all street intersections and curves.

Street lighting shall be provided at major entry roads into the subdivision.

Street lighting shall be provided at intervals along each street of between 300 and 400 feet.

All street lighting shall have shielded non-glare fixtures.

Telephone, television cable, and other utilities. The developer shall be responsible for the installation of telephone, television cable, and any other utility lines, with all lines to be constructed underground unless otherwise permitted in article VI of this Code.

(Ord. No. 35-11, § 6, 6-28-2011)

1006.00. - Landscaping improvements.

Subdivision entrance. Subdivisions shall provide a landscaped entrance buffer having minimum dimensions of 20 feet in width, 50 feet in depth, and 1,000 square feet in area on both sides of the main vehicular entranceway to the subdivision. The landscaping shall conform to the minimum landscaping requirements contained within this LDR. Subdivision identification signage is allowed in this landscaped entranceway.

Recreation area requirements. All disturbed recreation areas within a subdivision shall be sodded except that recreation areas having trails for walking, jogging or biking in a corridor or lineal type fashion, and having a length of at least 250 feet and a width of at least 15 feet may be left natural.

Tree preservation. The following tree regulations shall apply in new subdivisions. This provision shall not apply to the subdivision of less than five residential lots or an acre or less of non-residential development.

(1)

One tree per every 2,500 square feet of property. Each lot shall contain a minimum of one tree for every 2,500 square feet of lot area or portion thereof (rounded to the nearest whole number). If a lot contains an insufficient number of existing trees to meet this requirement, or if the lot has no existing trees to meet this requirement, replacement trees shall be provided.

(2)

Fifteen percent of development set aside for trees. Fifteen percent of the area of any subdivision shall be designated for the protection of trees. The area required to protect specimen trees may be included to satisfy this requirement. This required area may be constituted as one or more sub-areas within the development. Said area may include any landscape buffer or other landscape areas required by the LDR for a development. Such designated areas shall contain sufficient land area to comply with minimum tree protection standards to adequately protect the trees contained within the areas. A minimum of 50 percent of the required minimum number of trees as provided in [sub]section (3). below shall consist of existing trees within said area. This requirement does not apply to single-family lots in approved subdivisions or additions, remodeling or similar modification of existing multi-family or non-residential development.

(3)

Specimen tree protection. The following table sets forth the minimum requirements for the protection of specimen trees:

No. of Specimen Trees	Minimum Specimen Tree Protection Requirement
Less than 3 per acre	80% of all specimen trees
3.0 to 5.0 per acre	60% of all specimen trees
5.1 to 8.0 per acre	50% of all specimen trees
8.0 or more per acre	4 specimen trees per acre

(4)

Legal mechanism to protect specimen trees. The developer of a subdivision shall provide legal mechanisms which ensure the protection of specimen trees after construction has occurred. Such mechanisms may include but shall not be limited to conservation easements, common open space, tree protection easements, deed restrictions and homeowners association documents. Specimen tree protection on residential lots shall only apply in the designated setback areas. Said legal mechanisms shall be reviewed and approved by the city attorney.

(Ord. No. 35-11, § 6, 6-28-2011)

1007.00. - Plat requirements.

Survey accuracy. The allowable angular and linear error of closure for subdivision surveys shall be as follows:

(1)

Angular error of closure shall not exceed 15 seconds times the square root of the number of angles turned. Total angular error shall be no greater than 40 seconds.

(2)

Linear error of closure shall not exceed one foot per 10,000 feet (1:10,000 feet).

Monumentation. The developer shall cause a professional land surveyor and mapper to install monuments based on the requirements of F.S. ch. 177. The professional land surveyor and mapper shall establish the elevation in feet above National Vertical Geodetic Datum (N.V.G.D.) for at least two permanent reference monuments in the subdivision and show such information on the plat.

Lot and block layout. All lots shall be designed to meet the minimum dimensional requirements of their zoning district or any controlling development agreement. The following additional criteria shall be considered in the layout of proposed subdivisions:

(1)

Maximum block length shall be 1,400 feet, unless longer blocks are required due to environmental or topographic limitations.

(2)

Blocks designed for non-residential uses should provide sufficient length and width to prevent adverse traffic impacts, while allowing adequate service areas and parking without requiring excessive points of entry on abutting streets.

(3)

Lots within non-residential blocks shall require a common vehicular access easement dedicated to the use, maintenance and benefit of all lots within the block. Alternatively, a lower functional classified side street may be used to provide access to the lot.

(4)

All lots shall front on a public or private street.

(5)

Where a residential subdivision abuts or includes an arterial or major collector road, streets and blocks shall be designed so that no lot requires access from the arterial or major collector road.

(6)

Double frontage lots are to be avoided. However, where double frontage lots are used to meet this requirement, the lot must be 20 percent deeper. All double frontage lots shall contain one of the following:

A decorative masonry wall; or

A 15-foot landscaped buffer area. If a buffer area is used, this area must be placed in a conservation easement that is dedicated to the homeowners association.

(7)

Access to a double frontage lot shall be from a local or minor collector road only.

(8)

All corner lots shall be 15 percent wider than the minimum width required by this Code.

(9)

Lots fronting on a cul-de-sac shall have a minimum width at the right-of-way line of not less than 30 feet measured at the chord of the arc.

(10)

Side lot lines shall be perpendicular or radial to street right-of-way lines except where physical features make such orientation impractical.

Easements and miscellaneous dedications. The following minimum number and size of easements and dedications shall be reflected on the plat drawing. Larger easements may be specifically required based on the size, depth, or special maintenance requirements of a facility. All easements or dedications shall be graphically depicted unless otherwise noted.

(1)

Drainage facilities. A drainage easement shall be granted to the city where a proposed subdivision is traversed by any existing or proposed watercourse, canal, ditch, storm sewer, or other drainage way. Minimum size shall be as follows:

Lake or retention areas shall be covered by an easement extending to ten feet beyond the top of bank.

Canals, water courses, drainage ways, channels or streams shall be covered by an easement extending to 20 feet beyond the top of bank on one side, and 20 feet beyond the top of bank on the other side, if needed.

Swales, or any other facility up to two 22 feet deep and with side slopes no greater than 4:1 shall be covered by an easement extending to the top of bank.

Storm sewer lines shall be covered by an easement of no less than 20 feet, centered on the centerline of the pipe.

The city may require the dedication of a drainage right-of-way over major facilities providing area-wide drainage.

(2)

Utilities. A utility easement shall be granted to the utilities commission wherever a proposed utility line or other facility is planned or located on or adjacent to any property not otherwise dedicated to or owned by the utilities commission. Such easements shall be 20 feet in width; with reasonable justification, the utilities commission may reduce the easement to less than 20 feet in width or may request up to an additional five feet in width, if necessary.

(3)

Vehicular access control easements. A one-foot wide vehicular access control easement, precluding the construction of any accessway to the property from the adjoining street, shall be granted to the city parallel to the right-of-way line as follows:

On all double frontage (through) lots adjacent to the arterial or collector road, along the rear or non-local road frontage.

On all corner lots adjacent to an arterial or collector road, along the non-local road frontage.

Along any other lot frontage where access must be restricted due to visibility restrictions or other traffic engineering considerations.

(4)

Conservation easements. Conservation easements shall be granted to the city or other appropriate governmental agency as follows:

Over all required tree preservation areas.

Around all individual specimen trees required to be preserved.

Over all wetlands, wetland buffers and wetland mitigation areas.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 50-18, § 3(Exh. C), 9-25-2018)

1008.00. - Preliminary plat and plan approval.

A preliminary plat must be reviewed and approved prior to the review and approval of development plans. The requirement for approval of a preliminary plat may be waived by the administrative official when the proposal is determined to be minor in review or consistent with the conceptual plan exhibit of a PUD master development agreement. A preliminary plat approval does not convey any rights of a development order, and does not result in any reservation of capacity for concurrency management purposes.

Pre-application conference. Prior to filing for preliminary plat and plan approval, the developer or the developer's representative must meet with city technical review staff in order to discuss potential issues regarding the proposed subdivision. Comments made at the pre-application meeting are advisory and intended to provide guidance and are non-binding on the formal review of the preliminary plat and plans.

Application. Application for preliminary plat and plans approval shall be made to the planning and engineering department utilizing the form provided by the department for that purpose, and accompanied by the appropriate review fee as adopted by resolution of the city commission. Initial application shall be accompanied by the required number of signed and sealed plat and development plans, including electronic copies, as determined by the administrative official.

(1)

Review of application materials. Within three working days of the receipt of an application, the department shall determine whether the application is complete. Incomplete applications shall be returned to the applicant with the deficiencies noted in writing. Re-application shall be accompanied by a re-application fee as adopted by resolution of the city commission.

(2)

Initiation of development review. When an application is determined to be complete, it shall be scheduled in accordance with the adopted submittal deadline calendar for the corresponding city technical review staff meeting and the applicant shall be so notified. All application packages must be submitted by noon on the deadline date in order to be scheduled for the next available city technical review staff meeting.

Preliminary plat and plans and exhibits. The following information shall be shown on or enclosed with the preliminary plat and plans submitted for approval unless specifically waived by the city technical review staff member responsible for review of that item. The preliminary plat itself shall be drawn at a scale of no smaller than 1" = 100'.

(1)

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

(2)

Name and address of owner, surveyor, engineer, 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.

(3)

A vicinity map drawn to scale, showing the project boundary, the zoning of the area, and the relationship of the proposed subdivision to surrounding development.

(4)

Proposed streets, common areas, drainage areas, conservation areas, lot lines, and their dimensions.

(5)

Proposed street names and lot numbers.

(6)

Acreage in lots, drainage areas, common areas, streets and other uses; and the minimum lot size, average lot size and total number of lots.

(7)

Existing topography using one-foot contours, and delineation of flood insurance rate map flood zones.

(8)

Environmental assessment showing all wetlands, delineation of wooded areas and vegetative communities, and tree survey showing all specimen trees, with calculations required in Article VI of this code.

(9)

All existing buildings, utilities, roads, easements or other improvements on the property, and all roads and lot lines within 150 feet of the property boundary.

(10)

A soils report including one percolation test per ten acres with one or more eight-foot deep soil boring at each percolation test site.

(11)

Proposed utilities layout.

(12)

A tree survey in compliance with Article VI of this code.

(13)

One copy of the computer disk(s) depicting the proposed subdivision layout, including the streets and lots, for projects prepared on an appropriate computer-aided drafting (CAD) system.

(14)

A boundary survey certified to the city.

(15)

An opinion of title issued to the city.

(16)

If zoned PUD, provide the required number of copies of any/all PUD Master Development Agreement (MDA) and Amendment(s) concerning the proposed development, as determined by the administrative official.

Review process.

(1)

Plan review by city technical review staff.

All applications shall be reviewed by city technical review staff and written staff comments shall be delivered and discussed at a regularly scheduled city technical review staff meeting.

Plans must be resubmitted in response to city technical review staff comments no later than 180 days after the original review.

Following resubmittal, city technical review staff shall have 20 working days to review and approve the revised plat and plans or provide the administrative official with a list of outstanding comments.

(2)

Failure to provide timely plan resubmission. Failure to meet any of the resubmission deadlines cited above shall require the applicant to pay late fees or file a new application, including the appropriate review fees, whichever is deemed applicable by the administrative official.

(3)

Extension of resubmittal deadlines. The administrative official may extend the resubmission deadlines cited above when warranted by unforeseeable events. A request for extension must be filed in writing with the planning and engineering department explaining the circumstances justifying the extension and include a resubmittal extension fee as adopted by resolution of the city commission.

(4)

Expiration. Preliminary plat and plan approval shall expire two years after approval or conditional approval unless an application for final plat approval is submitted.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 1, 12-8-2020)

1009.01. - Final plat and development plan approval.

Approval of the final plat and development plans results in the issuance of a development order.

Pre-application conference. Prior to filing for development plan approval, the developer or the developer's representative shall meet with the city technical review staff in order to verify the steps necessary for application and review, and discuss potential issues regarding the development proposal. Comments made at the pre-application conference are intended to provide guidance and are nonbinding on the formal review of the development plans.

Application for development plan approval. Application for development plan approval shall be made to the planning and engineering department utilizing the form provided by the department for that purpose, and accompanied by the appropriate review fee. Application shall be accompanied by the required number of signed and sealed plat and development plans, including electronic copies, as determined by the administrative official. Plans shall be signed and sealed by a registered engineer, architect, or landscape architect, where required by this Code. Plans shall be prepared according to the standards of this Code.

(1)

(2)

Initiation of development review. When an application is determined to be complete it shall be scheduled in accordance with the adopted submittal deadline calendar for the corresponding city technical review staff meeting, and the applicant shall be so notified. All application packages must be submitted by noon on the deadline date in order to be scheduled for the next available meeting.

Subdivision plat and development plan exhibits. In addition to the information listed in section 1008.00 of this article, the following information and documentation shall be shown on or enclosed with the subdivision plat and development plans submitted for approval. The subdivision plat and development plans shall be drawn at a scale of no smaller than 1"=100'.

(1)

The final plat drawing(s) drafted in compliance with F.S. ch. 177, and including certificates of approval to be signed by the mayor and attested to by the city clerk.

(2)

Engineering drawings, prepared by an engineer registered in the State of Florida, showing all required improvements, and including:

A composite plan drawing which shows all utility and drainage lines in relationship to each other;

Individual plan and profile sheets for all roads and sanitary sewer lines, showing manholes, inlets, and pipe crossings. Plans and profile sheets shall show sanitary lines and all other buried utilities that cross sewer lines, and any that parallel and are within ten feet of sewer lines. This includes but is not limited to potable water lines, reclaimed water lines, storm drainage pipes, and storm drainage lines and inlets. Plan views shall be drawn at a scale of 1"=40' horizontal. Profiles shall be drawn at 1"=4' vertical.

Calculations justifying the sizing of utility lines.

A drainage basin map showing the topography and size of drainage basins and the specific flows therein.

Drainage calculations demonstrating compliance with this Code, and justifying the size of all facilities.

The lot grading plan required under section 1004.00 of this article.

(3)

A construction cost estimate detailing the tabulation of quantities and costs of all proposed improvements including landscaping and irrigation signed and sealed by the engineer of record and/or landscape architect as appropriate.

(4)

Any and all proposed deed covenants.

(5)

Copies of letters notifying all franchised utilities of the size, location, and layout of the proposed subdivision.

(6)

Letter of approval for street names from Volusia County 9-1-1 coordinator.

(7)

Review process.

(1)

Plan review by the city technical review staff.

All applications shall be reviewed by city technical review staff. Written technical review staff comments shall be delivered to the applicant and discussed at a regularly scheduled city technical review staff meeting.

Plans must be resubmitted in response to city technical review staff comments no later than 180 days after delivery of the original written technical review staff comments.

(2)

Planning and zoning board review. Only projects with five or fewer outstanding technical and procedural city technical review staff comments shall be submitted by the department to the planning and zoning board for consideration, unless waived by the planning and zoning board.

Planning and zoning board action. The planning and zoning board shall consider the final plat and plans at a regularly scheduled meeting and determine if they meet the requirements of this Code. The applicant or authorized agent shall be present at the consideration by the planning and zoning board. Upon consideration of the comments of the city technical review staff and the public, the board shall take one of the following actions:

Continue consideration of the project to the next regularly scheduled meeting to allow for the resolution of outstanding issues.

Recommend disapproval of the proposed final plat and plans.

Recommend approval of the proposed final plat and plans.

Recommend approval of the proposed final plat and plans with conditions.

(3)

Final document submittals for city commission review.

Following the planning and zoning board meeting, the applicant shall submit any revisions of the final plat and development plans, addressing any outstanding city technical review staff comments, in order to be heard by the city commission.

If the plat is to be recorded prior to the completion of improvements, an improvement guarantee must be included for city commission review. All agreements and guarantees shall be on forms acceptable to the city engineer and city attorney. The guarantee shall be in the amount of 115 percent of the construction costs as estimated by the developer and confirmed or adjusted by the city.

(4)

City commission approval. The city commission shall consider the final plat and development plans at a regularly scheduled meeting, and determine if they meet the requirements of this Code. Upon consideration of the comments of the department and public, and the recommendation of the planning and zoning board, the city commission shall take one of the following actions:

Table or continue the consideration of the proposed development plan to allow for resolution of outstanding issues.

Deny the proposed final plat and development plans.

Approve the final plat and development plans.

Approve the final plat and development plans with conditions. Revised plans and/or reflecting conditions of city commission approval shall be submitted to the planning and engineering department within 60 days of that approval. Plans and/or documents shall be reviewed by the department within ten working days of resubmittal to determine compliance with those conditions.

Refer the proposed development plan back to the planning and zoning board for further review and recommendation based on new or additional information or circumstances.

Issuance of development order. The planning and engineering department shall issue a development order within five working days of unconditional city commission approval, or verification that city commission conditions for approval have been met.

Failure to provide timely plan resubmission. Failure to meet any of the resubmission deadlines cited above shall require applicant to pay late fees or file a new application, including the appropriate review fees, whichever is deemed applicable by the administrative official.

Extension of resubmittal deadlines. The administrative official may extend the deadlines cited above when warranted by unforeseeable events. A request for extension must be filed in writing with the planning and engineering department accompanied by the appropriate fee explaining the circumstances justifying the extension.

Expiration. Failure to install all required improvements and record the final plat within two years of the date of city commission approval shall result in the final plat approval being revoked.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 1, 12-8-2020)

1009.02. - Final plat recording.

The following information must be provided prior to the recording of the final plat:

(1)

A letter from the surveyor verifying that all survey monumentation required by this code is in place;

(2)

A title opinion or property information report, in a format acceptable to the city attorney, dated not more than 30 days prior to the proposed date for plat recording;

(3)

A copy of the articles of incorporation for the property owner's association responsible for maintenance of common facilities;

(4)

One mylar copy of the final plat, executed by the owner(s), surveyor of record, and other entities associated with the developer;

(5)

Electronic copies of the final plat and all supporting documents.

Recorded plat. Upon receipt of all documents listed above, the mayor, city attorney, and city clerk shall sign the mylar copy of the final plat. The signed mylar will be returned to the developer for recording with the Volusia County clerk of court. Developer shall record the plat within 30 days of receiving the signed mylars from the city. Recording shall be done at the developer's expense. Developer shall provide the city with an electronic copy of the recorded plat.

(Ord. No. 104-20, § 1, 12-8-2020)

1010.00. - Variances.

Jurisdiction. Variances to the requirements of this article may be granted by the city commission upon recommendation of the planning and zoning board. Variances to the standard construction details may be granted by the administrative official. Variances to other requirements, such as lot dimensions, that are required as part of the subdivision design, but specified in other sections of this LDR shall be considered under the variance procedures applicable to that section.

Procedure.

(1)

Variance to plat and development plan review process. Application to waive the plat and development plan review process shall be made to the planning and engineering department on forms supplied by the department for this purpose, accompanied by the appropriate review fee. Variances from the plat and development plan review process may be granted by the city commission upon recommendation by the planning and zoning board.

(2)

Variance to required improvements or design criteria of this article. Application to vary required improvements or design criteria shall be noted on the application form for subdivision conceptual plan or development plan approval as appropriate. Variances requested shall also be prominently noted on the submitted plans themselves.

(3)

Criteria for review of variances from the review process. The following criteria may be considered as the basis for the approval of variance from the review process:

Required services are already available to proposed lots without the construction of additional improvements.

Levels-of-service can be reasonably provided through the site development plan review process or residential site plan review process for individual lots.

Other methods can be arranged to assure construction of improvements eliminating the need for formal subdivision approval.

The granting of a variance is consistent with the overall intent of this Code, and will not be injurious to the surrounding properties or detrimental to the public welfare.

(4)

Criteria for review of variances from required improvements or design criteria. The following criteria may be considered as the basis for the approval of a variance from required improvements or design criteria, in addition to those criteria outlined above:

Topographic or other physical conditions exist which are peculiar to the site and not a result of the actions of the applicant.

Literal interpretation of this Code would result in unnecessary and undue hardship on the applicant.

Variances shall not be granted based upon economic considerations.

(5)

Administrative variances to standard construction details. The administrative official may grant administrative variances to the requirements of the standard construction details. The administrative variance may only be granted to allow alternative materials, technologies, techniques, or other means which are equivalent to the materials, technologies, techniques or means specified in the standard construction details or the standard utility details.

(Ord. No. 35-11, § 6, 6-28-2011)

1011.00. - Issuance of development permits.

Once a development order has been issued, the developer may request the issuance of development permits.

Pre-construction meeting. A pre-construction meeting is required prior to commencing any construction activity, including clearing. Failure to begin construction within 45 days after the pre-construction meeting may require an additional pre-construction meeting.

(1)

Attendance. Upon request of the developer, the planning and engineering department shall schedule a pre-construction meeting to be attended by the following individuals or their representatives:

Developer, developer's engineer(s), and the developer's landscape architect(s), as appropriate.

All contractors for the construction of the subdivision improvements.

All franchised utility companies.

City technical review staff and appropriate city and utilities commission inspectors.

(2)

Agenda. The meeting shall include discussion of the construction schedule, construction permit conditions imposed by the city and other agencies, procedures for inspection and testing, coordination with the utilities commission and private utility companies, maintenance of existing drainage ways, traffic maintenance, dewatering, access for construction stockpiling areas, the general construction requirements for site and subdivision development and other details deemed necessary to assure safe construction in compliance with this Code and with minimum disturbance to surrounding areas.

Pre-construction submittals required before scheduling. The following exhibits or documents shall be submitted to the department one week prior to scheduling the pre-construction meeting for the issuance of development permits:

(1)

Development order.

(2)

Copies of all contracts for the construction of the improvements.

(3)

Copies of certificates of insurance for all contractors providing workers compensation as required by law and comprehensive liability insurance covering bodily injury, death and property damage, with limits of not less than $100,000.00 per person and $300,000.00 per occurrence, with the city listed as an additional insured and held harmless, as approved by the city attorney.

(4)

Copies of all applicable federal, state, regional and county agency permits for construction.

Pre-construction submittals required at or before the meeting. The following exhibits or documents shall be submitted to the department at or prior to the pre-construction meeting for the issuance of development permits:

(1)

Proof that all development order contingencies have been met, if applicable.

(2)

Subdivision inspection fee payment as adopted by the city commission.

(3)

Plans for the management of traffic and dewatering activities, if applicable.

(4)

Construction schedule.

Issuance of notice to proceed. Upon receipt of all required documents and completion of the pre-construction meeting, the city engineer shall issue a notice to proceed. The notice to proceed is contingent upon compliance with the development order. In addition, the city engineer may attach substantive and procedural contingencies on construction based on the requirements specified at the pre-construction meeting.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 19-18, § 3-13-2018)

1012.00. - Model homes.

Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements:

Subdivisions without a recorded plat shall be allowed up to a total of two-model homes per subdivision phase subject to the following requirements:

(1)

Water meters for the model homes shall not be installed until the subdivision improvements have been accepted by the city.

(2)

Permanent sewer connections shall not be made until the sanitary sewer system has been completed and certified to FDEP.

Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements:

(1)

Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP), if on-site hydrants are required to service the area where the proposed models will be constructed.

(2)

Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by city inspection vehicles.

(3)

Model homes shall be aesthetically compatible with the character of surrounding development in terms of exterior color predominant exterior building materials, and landscaping.

(4)

Model homes shall not be used to display advertising for anything besides the unit itself.

Additional requirements, restrictions and conditions may be imposed by the administrative official to address specific site or project concerns.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 37-22, § 1, 6-28-2022)

1013.00. - Subdivision sales offices.

Two types of sales offices shall be permitted within any new subdivision upon recording of the plat.

Model homes. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision.

Temporary offices. Temporary structures such as trailers, recreational vehicles, and the like may be permitted as a temporary sales office while a model home is under construction. Such temporary offices shall only be permitted for an interim period not to exceed 60 days or until completion of the first model home, whichever occurs first.

Permit required. For both subsections A. and B. above, building permits are required. A certificate of completion shall be required for any model home prior to occupation. All applicable building codes and ADA requirements must be met.

(Ord. No. 35-11, § 6, 6-28-2011)

1014.00. - Inspections and acceptance.

Inspections. The city shall inspect construction for conformance with the terms of the development permit. The city shall have the authority to reject materials or suspend work when construction is not in conformity with the terms of the development permit. The developer shall notify the city of the commencement of major phases of construction as discussed in the pre-construction meeting.

Testing. The developer shall provide laboratory tests to verify specifications of materials as required by this Code. The city reserves the right to require additional testing based on unusual circumstances encountered in the field.

Request for final inspection. Final inspection of subdivision improvements shall be scheduled no more than five working days after receipt of the following documents, unless a later date is requested by the developer:

(1)

Certification of completion by the engineer of record and/or landscape architect, as appropriate. Upon completion of the subdivision improvements, the developer's engineer and/or landscape architect, as appropriate, shall submit a signed and sealed certificate stating that the work was constructed under his supervision, and has been completed in substantial conformance with the approved development plans in compliance with the requirements of this Code.

(2)

As-built drawings.

(3)

Testing reports. Copies of all testing reports shall be submitted.

The planning and engineering department shall determine if the submitted documents are complete within two working days of the request for final inspection. Incomplete submittals will be returned to the engineer of record with the deficiencies explained in writing.

Final inspection report. A final inspection report will be issued noting any discrepancies for the development permit, corrective actions required, and any subdivision re-inspection fee required. In addition, the report shall review final documentation required for acceptance of the subdivision improvements once any necessary corrections are made.

Re-inspection. Re-inspection may be requested at any time, subject to remittance of a subdivision re-inspection fee, when required. Re-inspection will be scheduled within three working days, and an inspection report issued if necessary.

Acceptance of subdivision improvements. Upon completion of any corrective actions required upon inspection, subdivision improvements shall be accepted by the city upon receipt of the following:

(1)

All required certifications of completion under federal, state, regional, and county agency permits;

(2)

Improvement warranty in the amount of ten percent of the cost of construction of the roadway and stormwater management;

(3)

Sidewalk construction guarantee in the amount of 125 percent of the estimated construction cost of un-built sidewalks;

(4)

Street tree installation guarantee, if applicable, in the amount of 125 percent of the estimated installation cost of unplanted trees;

(5)

Copy of receipt for payment of signage and street lighting charges;

(6)

Full releases of liens from all contractors involved with the improvement construction;

(7)

Proof of payment by the developer of all outstanding bills owed to the city in relation to the subdivision approval process;

(8)

The improvement warranty period shall commence on the date of subdivision improvement acceptance.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 104-20, § 1, 12-8-2020)

1015.00. - Minor subdivisions.

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

(1)

An overall tract in single ownership of no more than ten acres is divided into no more than two lots;

(2)

No new streets are proposed or required;

(3)

No dedication of right-of-way, drainage areas, conservation areas, or other publicly maintained property is proposed or required;

(4)

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

(5)

Water and sewer services are available to service the property as required by article VI of this LDR.

(6)

The proposed minor subdivision shall be considered eligible for exemption from stormwater management system permitting requirements of the St. Johns River Water Management District in accordance with Chapter 40-42, F.A.C. (40C-42.0225).

Application. Applications for minor subdivisions may be submitted at any time to the planning and engineering department. The application package shall consist of the following:

(1)

Application form.

(2)

Application processing fee.

(3)

Signed and sealed survey for the parent parcel, including a legal description and area calculations.

(4)

Signed and sealed sketch plans prepared by a licensed surveyor for each proposed lot, including legal description and area calculations, locations and setbacks of any existing structures within the lot, adjacent rights-of-way and existing improvements including streets and the location(s) of existing utilities, and current flood zone designation(s).

(5)

Electronic copies of all documents.

Review process. Following submission of an application, staff shall have five working days to review the application package for completeness. Incomplete applications shall be returned to the applicant with the deficiencies noted in writing.

(1)

If the application is complete, the administrative official or designee shall review the application to verify that the following items are met:

The dimensions of all lots meet or exceed the minimum dimensional requirements of the zoning district in which the property is located.

No non-conforming lots and structures will be created as a result of the minor subdivision.

There are no delinquent or unpaid taxes due on the property, in accordance with the State requirements (F.S. § 197.192).

(2)

The city technical review staff shall also review the application at a regularly scheduled meeting, and list any deficiencies in writing for transmittal to the applicant.

Approval. If the application conforms with the requirements of this code according to the administrative official and city technical review staff, a letter of approval for the minor subdivision application shall be issued.

(Ord. No. 35-11, § 6, 6-28-2011; Ord. No. 51-12, § 1, 5-8-2012; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 1, 12-8-2020)