This article sets forth the application and review procedures required for obtaining development orders and certain types of development permits.

(Ord. No. 93-01, § 3.1, 11-16-1992)

No development activity may be undertaken without prior authorization by a development permit.

(Ord. No. 93-01, § 3.2.1, 11-16-1992)

Except as provided in section 24-99, a development permit may not be issued unless the proposed development activity is authorized by a final development order issued pursuant to these regulations.

(Ord. No. 93-01, § 3.2.2, 11-16-1992)

A development permit may be issued for the following development activities without a final development order having been issued pursuant to these regulations. Unless otherwise specifically provided, the development activity shall conform to these regulations and the Technical Construction Standards Manual.

(1)

Development activity necessary to implement a valid site plan/development plan on which the start of construction took place prior to the adoption of these regulations and has continued in good faith. Compliance with the development standards in these regulations is not required if in conflict with the previously approved plan.

(2)

The construction or alteration of a one- or two-family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of these regulations.

(3)

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

(4)

The removal of protected trees on a previously developed site and independent of any other development activity on the site.

(5)

The resurfacing of driveways and parking area that conforms to all requirements of these regulations.

(6)

A minor replat.

(Ord. No. 93-01, § 3.2.3, 11-16-1992)

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the development regulations administrator.

(Ord. No. 93-01, § 3.2.4, 11-16-1992)

(a)

No new use of any land, water or building, or any part thereof, shall be allowed and no existing use of land, water or building shall be changed until a certificate of compliance is issued stating that such use of land, water, building or any part thereof is found to be in conformity with the provisions of these regulations. A certificate of compliance shall also be required for any change of use, or for any alteration or modification of any building or structure. Any change of occupancy, of business uses, professional uses, personal uses, personal services and retail sales and services shall require a certificate of compliance.

(b)

Within three working days after notification to the development regulations administrator that any land, water or building or any part thereof is ready for occupancy use, it shall be the duty of the development regulations administrator to make or have made a final inspection thereof and to issue a certificate of compliance if it is found that such land, water or building, or any part thereof, is in conformance with the provisions of these regulations; or, if such certificate of compliance is refused, the development regulations administrator shall state in writing to the applicant the reasons for such refusal, citing the regulations being violated.

(Ord. No. 93-01, § 3.2.5, 11-16-1992)

(a)

Development permits or certificates of compliance issued on the basis of plans and applications approved pursuant to the provisions of these regulations authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Uses, arrangements and construction other than originally permitted must be resubmitted for permit approval.

(b)

Use, arrangement or construction at variance with that authorized shall be deemed a violation of these regulations, and shall be punishable as provided for by section 24-105.

(Ord. No. 93-01, § 3.2.6, 11-16-1992)

(a)

If the work described in any development permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be canceled by the development regulations administrator, and written notice thereof shall be given to the person affected.

(b)

If the work described in any development permit is suspended or abandoned for a period of six months after work has commenced, said permit shall be canceled by the development regulations administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained; provided that, for cause, one or more extensions of time, for periods not exceeding 90 days each, may be allowed, and such extensions shall be put in writing by the development regulations administrator.

(Ord. No. 93-01, § 3.2.7, 11-16-1992)

(a)

Any structure for which a permit has been issued, and the construction of which has started prior to the effective date of the ordinance from which these regulations are derived, may be completed in accordance with the approved plans and specifications, provided all construction is completed within one year after the effective date of the ordinance from which these regulations are derived.

(b)

If on the effective date of the ordinance from which these regulations are derived, valid permits have been issued authorizing the construction or alteration of structures in a manner which does not conform to the requirements of these regulations, such permits shall be canceled unless the start of construction occurs within six months and is completed within one year after the effective date of the ordinance from which these regulations are derived.

(Ord. No. 93-01, § 3.2.8, 11-16-1992)

(a)

Upon receipt of information, and upon verification by the development regulations administrator that any provisions of these regulations are being violated, the development regulations administrator shall notify in writing the person responsible for such violations, indicating the provision or regulations being violated, and shall order the necessary steps to abate such violation. The development regulations administrator shall have the power to order the discontinuance of the use of any land, water or building, the removal of any building, addition or other structure, the discontinuance of any work being done, or any other act in violation of these regulations.

(b)

Any person who violates or refuses to comply with any of the provisions of these regulations, or who shall fail to secure a permit or a certificate of compliance as required by these regulations, or who shall fail to comply with any order issued by the city commission or development regulations administrator pursuant to these regulations shall, upon finding of guilt by the code enforcement board or any court of competent jurisdiction, be punishable as provided in this Code. Every such person shall be deemed to be guilty of a separate offense for every day such violation shall continue after written notice.

(c)

In addition to other remedies, the development regulations administrator, through the city attorney, may institute any appropriate action or procedure to bring about compliance with any provision of these regulations.

(Ord. No. 93-01, § 3.2.9, 11-16-1992)

A planning and land development regulation commission is hereby created. It shall be referred to in these regulations as the commission, and shall have the following membership, powers, duties, responsibilities and limitations:

(1)

Membership; terms of office. The commission shall have five board members and two alternates appointed by the city commission for a term of three years. Initial appointments, however, shall be staggered. No elected official or employee of city government shall be appointed to serve on any commission.

(2)

Place of residence; removal from office; vacancies. Each board member shall have a domicile (domicile means living in that locality with the intent to make it a fixed and permanent home) within the city limits for 12 months of the year. In the event an appointed board member moves outside the city limits, a vacancy shall be deemed to exist. In the event any board member reach three unexcused absences their seat shall be considered vacated. Every board member absence shall be approved/denied by the commission at the meeting following said absence. Any vacancy occurring during the unexpired term of office of any member shall be filled by the city commission for the remainder of the term. The vacancy shall be filled within 60 days from the time it occurs. Any board member of the commission may be removed from office for no cause by the city commission.

(3)

Officers, employees. The planning and land development regulation commission shall elect a chairman and vice-chairman and shall appoint a secretary who may be an officer or employee of the city commission.

(4)

Compensation. Each commission member shall serve without compensation, but commission members and the staff may be reimbursed for educational, travel, mileage, and per diem expenses as provided by law.

(Ord. No. 93-01, § 3.4.1, 11-16-1992; Ord. No. 2016-07, § 1, 4-25-2016)

State Law reference— Local planning agency, F.S. § 163.3174.

The commission shall meet at regular intervals, and at such other times as it may deem necessary, for the transaction of its business. A quorum shall be three members. No recommendations for approval of any application may be made unless three members concur.

(Ord. No. 93-01, § 3.4.2, 11-16-1992; Ord. No. 93-05, § 3.4.2, 8-23-1993; Ord. No. 2016-07, § 1, 4-25-2016)

(a)

The commission shall have the general responsibility for the conduct of the city's comprehensive planning program and review of applications for development orders. Additionally, the commission shall hear and make recommendations to the city commission regarding applications from the city commission, any department or agency of city government, or from any person for amendment of these regulations, approval of a special exception, or approval of a variance.

(b)

The planning and land development regulation commission shall prepare, or cause to be prepared, the elements of the comprehensive plan required in F.S. § 163.3177, known as the Local Government Comprehensive Planning and Land Development Regulation Act (LGCPLDRA) and other appropriate plan elements, and shall make recommendation regarding the comprehensive plan to the city commission. It shall have the general responsibility for the conduct of the comprehensive planning program. It shall comply with all requirements of the LGCPLDRA, and shall monitor and oversee the effectiveness and status of the comprehensive plan, and recommend to the city commission such changes in the comprehensive plan as may from time to time be required. It shall perform any other duties assigned by the city commission, and may prepare and recommend to the city commission any other proposals to implement the comprehensive plan.

(Ord. No. 93-01, § 3.4.3, 11-16-1992; Ord. No. 95-10, § 1(B), 12-18-1995)

The procedure for review of development plans shall be as shown graphically in Figure III-1 in section 24-189 and described in this division.

(Ord. No. 93-01, § 3.5, 11-16-1992)

Prior to filing an application for development plan review, the developer shall meet with the development regulations administrator (chief building official) to discuss the development review process and to be informed of which staff members to confer with about the application. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(Ord. No. 93-01, § 3.5.1, 11-16-1992)

(a)

Generally. For purposes of these review procedures, all development plans shall be designated by the development regulations administrator as either minor development or major development according to the criteria below. Before submitting a development plan for review, the developer shall provide the development regulations administrator with sufficient information to make this determination. The development regulations administrator shall prepare written findings to support his determination.

(b)

Major development. A development plan shall be designated as a major development if it satisfies one or more of the following criteria:

(1)

The activity involves land and water area which exceeds five acres.

(2)

The development is a residential project of three or more dwelling units.

(3)

The development involves more than 5,000 square feet of nonresidential floor space.

(4)

The development involves the creation of a new street, either public or private, or the extension or construction of new potable water or sanitary sewer facilities other than those necessary to serve only the proposed development.

(5)

Any development that the development regulations administrator designates as a major development project because:

a.

The proposed development is part of a larger parcel for which additional development is anticipated that when aggregated with the project in question exceeds the limits of subsection (b)(1), (2), or (3) of this section.

b.

The proposed development adjoins other lands which might logically be accessed through the proposed development.

c.

The proposed development should be more thoroughly and publicly reviewed because of its complexity, hazardousness, or location.

d.

The proposed development is one which is likely to be controversial despite its small size, and should thus be more thoroughly and publicly reviewed.

(c)

Minor development. A development plan shall be designated as a minor development if it is neither a major development nor a development exempt under section 24-99 from the requirement of a development plan.

(Ord. No. 93-01, § 3.5.2, 11-16-1992)

(a)

Any developer may elect to submit a concept plan for review. This review is recommended to developers for proposals that may be controversial.

(b)

The developer shall file a completed application and a concept plan as a prerequisite to obtaining concept review when such review is requested.

(c)

Within five working days of receipt of an application and concept plan, the development regulations administrator shall determine that the submittals are complete and proceed with the following procedures.

(d)

The proposal shall be placed on the agenda of the next meeting of the planning and land development regulation commission that allows the giving of required notice.

(e)

Notice of concept review shall be mailed by the developer to all persons who, according to the most recent tax rolls, own property adjacent to the property proposed for development. The notice shall be mailed at least 15 days before concept review. The expense of this mailing shall be borne by the developer.

(f)

The development regulations administrator may request a review of the concept plan by the technical review committee. If so, a copy of the concept plan and notice of the time and date of the concept review shall be delivered to each member of the technical review committee. Technical review committee members shall review the proposal and submit comments, if any, in writing to the planning and land development regulation commission or orally at the commission's concept review.

(g)

The planning and land development regulation commission shall consider:

(1)

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

(2)

Whether the concurrency requirements of article IV of this chapter could be met if the development were built.

(3)

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

(4)

Consistency of the proposed development with the comprehensive plan.

(5)

Conformity of the proposed development with these regulations and other applicable regulations.

(6)

Applicable regulations, review procedures, and submission requirements.

(7)

Concerns and desires of surrounding landowners and other affected persons.

(8)

Other applicable factors and criteria prescribed by the comprehensive plan, these regulations, or other law.

(h)

The planning and land development regulation commission shall issue no order, finding or other official indication of approval or disapproval of the proposal, and no person may rely upon any comment concerning the proposal, or any expression of any nature about the proposal, made by any person during the concept review process as a representation or implication that the particular proposal will be ultimately approved or disapproved in any form.

(Ord. No. 93-01, § 3.5.3, 11-16-1992; Ord. No. 93-05, § 3.5.3, 8-23-1993)

(a)

The developer of a proposed minor development shall submit a completed application and a final development plan to the development regulations administrator.

(b)

Within five working days of receipt of a plan, the development regulations administrator shall:

(1)

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 days without payment of a reapplication fee, but, if more than 30 days have elapsed, must thereafter reinitiate the review process and pay an additional fee; or

(2)

Determine that the plan is complete and proceed with the procedures in this section.

(c)

The development regulations administrator shall place the proposal on the agenda of the next meeting of the planning and land development regulation commission that allows the giving of required notice.

(d)

Notice of final plan review shall be mailed by the developer to all persons who, according to the most recent tax rolls, own property adjacent to the property proposed for development. The notice shall be mailed at least 15 days before final plan review. The expense of this mailing shall be borne by the developer.

(e)

The development regulations administrator may request a review of the final plan by the technical review committee. If so, a copy of the final plan and notice of the time and date of the final plan review shall be delivered to each member of the technical review committee. Technical review committee members shall review the proposal and submit comments, if any, in writing to the planning and land development regulation commission.

(f)

The planning and land development regulation commission shall conduct an administrative hearing on the final development plan to determine whether the plan satisfies the requirements of these regulations.

(g)

The planning and land development regulation commission shall consider:

(1)

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

(2)

Whether the concurrency requirements of article IV of this chapter could be met if the development were built.

(3)

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

(4)

Consistency of the proposed development with the comprehensive plan.

(5)

Conformity of the proposed development with these regulations and other applicable regulations.

(6)

Applicable regulations, review procedures, and submission requirements.

(7)

Concerns and desires of surrounding landowners and other affected persons.

(8)

Other applicable factors and criteria prescribed by the comprehensive plan, these regulations, or other law.

(h)

Upon completion of its review, the planning and land development regulation commission shall forward a recommendation to the city commission either to:

(1)

Approve the final development plan;

(2)

Approve the final development plan with modifications; or

(3)

Deny the final development plan based on its determination that the proposed development, even with reasonable modifications, cannot meet the requirements of these regulations.

(i)

The development regulations administrator shall place the proposal on the agenda of the next meeting of the city commission that allows the council reasonable time to review the final development plan and the planning and land development regulation commission's recommendation.

(j)

Upon completion of its review, the city commission shall either:

(1)

Issue a final development order complying with section 24-194; or

(2)

Refuse to issue a final development order based on its determination that the development fails to comply with the conditions imposed by the preliminary development order.

(Ord. No. 93-01, § 3.5.4, 11-16-1992; Ord. No. 93-05, § 3.5.4, 8-23-1993)

(a)

Review of preliminary development plans.

(1)

The developer shall submit a completed application and a preliminary development plan to the development regulations administrator.

(2)

Within five working days of receipt of a preliminary development plan, the development regulations administrator shall:

a.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 days without payment of an additional fee, but, if more than 30 days have elapsed, must thereafter initiate a new application and pay a new fee; or

b.

Determine that the plan is complete and proceed with the following procedures.

(3)

The development regulations administrator shall place the proposal on the agenda of the next meeting of the planning and land development regulation commission that allows the giving of required notice.

(4)

Notice of preliminary plan review shall be mailed by the developer to all persons who, according to the most recent tax rolls, own property adjacent to the property proposed for development. The notice shall be mailed at least 15 days before preliminary plan review. The expense of this mailing shall be borne by the developer.

(5)

The development regulations administrator may request a review of the preliminary plan by the technical review committee. If so, a copy of the preliminary plan and notice of the time and date of the preliminary plan review shall be delivered to each member of the technical review committee. Technical review committee members shall review the proposal and submit comments, if any, in writing to the planning and land development regulation commission.

(6)

The planning and land development regulation commission shall conduct an administrative hearing on the preliminary development plan to determine whether the plan satisfies the requirements of these regulations.

(7)

The planning and land development regulation commission shall consider:

a.

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

b.

Whether the concurrency requirements of article IV of this chapter could be met if the development were built.

c.

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

d.

Consistency of the proposed development with the comprehensive plan.

e.

Conformity of the proposed development with these regulations and other applicable regulations.

f.

Applicable regulations, review procedures, and submission requirements.

g.

Concerns and desires of surrounding landowners and other affected persons.

h.

Other applicable factors and criteria prescribed by the comprehensive plan, these regulations, or other law.

(8)

Upon completion of its review, the planning and land development regulation commission shall forward a recommendation to the city commission either to:

a.

Approve the preliminary development plan;

b.

Approve the preliminary development plan with modifications; or

c.

Deny the preliminary development plan based on its determination that the proposed development, even with reasonable modifications, cannot meet the requirements of these regulations.

(9)

The development regulations administrator shall place the proposal on the agenda of the next meeting of the city commission that allows the commission reasonable time to review the preliminary development plan and the planning and land development regulation commission's recommendation.

(10)

Upon completion of its review, the city commission shall either:

a.

Approve the preliminary development plan;

b.

Approve the preliminary development plan with modifications; or

c.

Deny the preliminary development plan based on its determination that the proposed development, even with reasonable modifications, cannot meet the requirements of these regulations.

(b)

Review of final development plans.

(1)

The developer shall submit a final development plan for review within six months after issuance of a preliminary development order. If this deadline is not met, the preliminary development order shall expire.

(2)

Within five working days of receipt of a final development plan, the development regulations administrator shall:

a.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 days without payment of an additional fee, but, if more than 30 days have elapsed, must thereafter initiate a new application and pay a new fee; or

b.

Determine that the plan is complete and proceed with the following procedures.

(3)

The development regulations administrator shall place the proposal on the agenda of the next meeting of the planning and land development regulation commission that allows the giving of required notice.

(4)

Notice of final plan review shall be mailed by the developer to all persons who, according to the most recent tax rolls, own property adjacent to the property proposed for development. The notice shall be mailed at least 15 days before final plan review. The expense of this mailing shall be borne by the developer.

(5)

The development regulations administrator may request a review of the final plan by the technical review committee. If so, a copy of the final plan and notice of the time and date of the final plan review shall be delivered to each member of the technical review committee. Technical review committee members shall review the proposal and submit comments, if any, in writing to the planning and land development regulation commission.

(6)

The planning and land development regulation commission shall conduct an administrative hearing on the final development plan to determine whether the plan satisfies the requirements of these regulations.

(7)

The planning and land development regulation commission shall consider:

a.

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

b.

Whether the concurrency requirements of article IV of this chapter could be met if the development were built.

c.

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

d.

Consistency of the proposed development with the comprehensive plan.

e.

Conformity of the proposed development with these regulations and other applicable regulations.

f.

Applicable regulations, review procedures, and submission requirements.

g.

Concerns and desires of surrounding landowners and other affected persons.

h.

Other applicable factors and criteria prescribed by the comprehensive plan, these regulations, or other law.

(8)

Upon completion of its review, the planning and land development regulation commission shall forward a recommendation to the city commission either to:

a.

Approve the final development plan;

b.

Approve the final development plan with modifications; or

c.

Deny the final development plan based on its determination that the proposed development, even with reasonable modifications, cannot meet the requirements of these regulations.

(9)

The development regulations administrator shall place the proposal on the agenda of the next meeting of the city commission that allows the commission reasonable time to review the final development plan and the planning and land development regulation commission's recommendation.

(10)

Upon completion of its review, the city commission shall either:

a.

Issue a final development order complying with section 24-194; or

b.

Refuse to issue a final development order based on its determination that the development fails to comply with the conditions imposed by the preliminary development order.

(Ord. No. 93-01, § 3.5.5, 11-16-1992; Ord. No. 93-05, § 3.5.5, 8-23-1993)

(a)

Generally. When a proposed minor or major development includes the subdivision of land, approval of the final development order by the city commission shall be made contingent upon approval by the city commission of a record plat conforming to the final development order.

(b)

Application for approval of a record plat. After receiving a "plat-contingent" approval of a final development order, the developer shall submit completed plat review application and a plat to the development regulations administrator. Alternately, the developer may submit an application for plat approval at any point in the development review process.

(c)

Review by city engineer and city attorney.

(1)

Upon receipt of a complete application for final plat approval, the development regulations administrator shall forward copies of the application to the city engineer and the city attorney. The city engineer shall be responsible for ensuring conformance of the final plat with the final development order. He shall also certify that the required improvements have been completed in accordance with the final development order.

(2)

The city attorney shall certify that all necessary certificates have been properly executed, and that deed restrictions or protective covenants, if any, are sufficient to achieve the intended purpose. He shall also comment on the sufficiency of the improvements warranty and on the sufficiency of the performance bond when such bond has been provided.

(d)

City commission approval. The city commission shall review and take action on the record plat after its approval by the city engineer and city attorney. If the final plat meets all requirements of these regulations and is in accordance with the final development order, the city commission shall approve the final plat and indicate its approval by the signature of the mayor and city clerk.

(e)

Recording of approved plat. Upon approval by the city commission of the final plat, the city clerk shall file said plat with the clerk of the circuit court for recording in the public records of the county. The subdivider shall pay all recording fees.

(Ord. No. 93-01, § 3.5.6, 11-16-1992)

A master plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the final development plan for the first phase of the development and must be approved as a condition of approval of the preliminary plan for the first phase. A preliminary and final development plan must be approved for each phase of the development under the procedures for development review prescribed in this division.

(Ord. No. 93-01, § 3.5.7, 11-16-1992)

(a)

Required contents. A preliminary development order shall contain the following:

(1)

An approved preliminary development plan (may be subject to conditions and modifications) with findings and conclusions.

(2)

A listing of conditions that must be met, and modifications to the preliminary development plan that must be made, in order for a final development order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly.

(3)

A listing of federal, state, and regional permits that must be obtained in order for a final development order to be issued.

(4)

With regard to the concurrency management requirements in article IV of this chapter:

a.

The initial determination of concurrency.

b.

The time period for which the preliminary development order is valid. This initial determination indicates that capacity is expected to be available for the proposed project, provided that a complete application for a final development order is submitted prior to the expiration date of the preliminary development order.

c.

Notice that the preliminary development order does not constitute a final development order and that one or more concurrency determinations may subsequently be required. The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a final development order.

d.

Notice that issuance of a preliminary development order is not binding with regard to decisions to approve or deny a final development order, and that it does not constitute a binding commitment for capacity of a facility or service.

(b)

Optional contents. A preliminary development order may include one or more of the following as conditions of approval:

(1)

Agreement by the developer in a recordable written instrument running with the land that no final development order will be requested or approved unless the necessary facilities are programmed for construction within specified time periods.

(2)

Commitment by the developer in a recordable written instrument to contract for provision of the necessary services or facilities to achieve the concurrency requirement.

(3)

Schedule of construction phasing of the proposed development consistent with the anticipated availability of one or more services or facilities.

(4)

Such other conditions as may be required by the planning and land development regulation commission to ensure that concurrency will be met for all applicable facilities and services.

(Ord. No. 93-01, § 3.5.8, 11-16-1992)

(a)

Required contents. A final development order shall contain the following:

(1)

A determination that, where one was required, a valid preliminary development order exists for the requested development.

(2)

An approved final development plan with findings and conclusions.

(3)

A determination that all conditions of the preliminary development order have been met.

(4)

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

(5)

A specific time period during which the development order is valid and during which time development shall commence. A final development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.

(6)

A bond in the amount of 110 percent of the cost of services or facilities that the applicant is required to construct, contract for construction, or otherwise provide.

(7)

A commitment by the city to the following:

a.

The necessary facilities shall not be deferred or deleted from the capital improvements element or the adopted one-year capital budget unless the subject final development order expires or is rescinded prior to the issuance of a certificate of occupancy.

b.

Contracts shall provide that construction of necessary facilities must proceed to completion with no unreasonable delay or interruption.

(b)

Optional contents. A final development order may contain:

(1)

A schedule of construction phasing consistent with availability of capacity of one or more services and facilities.

(2)

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy or within specified time periods.

(3)

Any alternate service or facilities impact mitigation measures to which the applicant has committed in a recordable written instrument.

(4)

Such other conditions as may be required to ensure compliance with the concurrency requirement.

(Ord. No. 93-01, § 3.5.9, 11-16-1992)

(a)

Any one of the following conditions shall cause a preliminary development order to expire:

(1)

The developer has not submitted an application for final development plan review within six months of the date of issuance of the preliminary development order.

(2)

The developer had submitted an application for final plan review within six months of the date of issuance of the preliminary development order, but voluntarily withdraws the application for final development plan review more than six months after the date of issuance of a preliminary development order.

(b)

If the developer had submitted an application for final plan review within six months of the date of issuance of the preliminary development order, and the city refused to issue a final development order based on its determination that the development failed to comply with the conditions imposed by the preliminary development order, the developer shall be given an additional six-month period in which to submit a revised application for final plan review. Such additional six-month period shall begin on the date of the city's refusal to issue a final development order.

(c)

If the actual start of construction has not occurred within one year from the date of issuance of the final development order, such final development order shall expire. Upon written application, the city commission may grant one or more six-month extensions for good cause.

(Ord. No. 93-01, § 3.5.10, 11-16-1992)

When a developer is applying for concept plan review pursuant to section 24-190, he shall submit to the development regulations administrator ten copies of the concept plan and all accompanying exhibits. All materials shall be clearly labeled "Concept Development Plan." No particular information or exhibits are required to be included; however, the better able the developer is to convey his proposal to the city, the more informative will be the city's reaction to the proposal.

(Ord. No. 93-01, § 3.6.1, 11-16-1992)

When a developer is applying for preliminary development plan review pursuant to section 24-192(a), he shall submit to the development regulations administrator 15 copies of the preliminary plan and all required exhibits. All materials shall be clearly labeled "Preliminary Development Plan." The preliminary development plan shall be drawn at a scale not less than one inch equals 200 feet, and shall show graphically or by notes:

(1)

Vicinity map at a scale no smaller than one inch equals 200 feet.

(2)

Total acreage.

(3)

If applicable, the area of the 100-year flood and base flood elevation as determined by the Federal Emergency Management Agency.

(4)

Water bodies or watercourses.

(5)

Wetland areas.

(6)

Approximate location and extent of the general soil types and their limitations for the proposed use of the property.

(7)

Locations and extent of the predominant plant communities.

(8)

Tentative layout of street system, driveways, off-street parking areas, lot patterns, and areas reserved for recreation and/or conservation.

(9)

Schematic plans for water, sewer, drainage systems, and private utilities.

(10)

Approximate locations of adjacent streets, utilities, land uses, and other improvements which may have bearing on development of the subject property.

(11)

Existing zoning.

(12)

Legal description.

(13)

Any other appropriate information thought necessary by the applicant to make a conceptual presentation.

(14)

Tree survey.

(Ord. No. 93-01, § 3.6.2, 11-16-1992)

When a developer is applying for final development plan review pursuant to section 24-192(b), he shall submit to the development regulations administrator 15 prints of a final development plan and all required exhibits. The following information shall be provided:

(1)

General information.

a.

Name of development; names, addresses and telephone numbers of the developer, designer, professional engineer and registered surveyor.

b.

Date of survey and plan preparation; north point and graphic scale.

c.

Surveyor's certificate of accuracy.

d.

Total acreage in tract, acreage in public or other land usage, total number of lots (if applicable), linear feet in streets.

e.

Names and location of adjoining subdivisions and streets and the names of abutting property owners.

f.

Existing zoning classification of the tract.

g.

A vicinity map drawn at a scale of one inch equals 400 feet, or such other scale deemed appropriate by the city engineer.

h.

Other supplemental materials or any deed restrictions or protective covenants proposed for the development and any other information considered by either the developer or the city engineer to be pertinent to the review of the development.

(2)

Existing site data.

a.

City limit lines (if applicable), property lines, rights-of-way, easements, streets, electrical utility lines, telephone utility lines and cable television lines, storm sewers, ditches and culverts, sanitary sewers, lift stations, water mains, fire hydrants, bridges, buildings, and bulkheads and bulkhead lines.

b.

Boundary survey of the tract to be developed with all bearings and distances indicated.

c.

Watercourses, ponds, wetland areas, and the jurisdictional boundary lines of the state department of environmental protection, and the U.S. Army Corps of Engineers.

d.

Areas of the 100-year flood and base flood elevations as determined by the Federal Emergency Management Agency.

e.

Topographic survey of the site at one foot vertical contour intervals based on mean sea level data furnished by a registered surveyor.

f.

Specific soil types and their limitations for the planned use. Volusia County Soils Survey should be used. Borings may be required.

g.

Tree survey.

(3)

Proposed site data.

a.

Street rights-of-way, driveways, off-street parking areas, pavement widths, grades and street names, street profiles, cross sections and sidewalks.

b.

Other rights-of-way or easements including locations, dimensions and purposes.

c.

Plans for sanitary sewers, storm sewers, water lines, telephone lines and cable television lines showing connections to existing systems. Storm and sanitary sewer profiles and cross sections shall also be provided.

d.

Contour changes, dikes or any created water bodies or changed watercourses.

e.

Bulkheads and bridges, if any. Engineering plans and cross sections shall be provided.

f.

Lot layouts showing dimensions, lot and block numbers.

g.

Parks, school sites and other public areas, if any.

h.

Areas to be used for purposes other than residential and public, if any, indicating the purposes, location and dimensions of each.

i.

Exhibits indicating compliance with the city's excavation and grading ordinances.

(Ord. No. 93-01, § 3.6.3, 11-16-1992)

When a subdivision plat is required pursuant to section 24-193, the developer shall submit two reproducible copies and two prints of such plat, conforming to the final development plan and the requirements of F.S. ch. 177. In addition to any information required by F.S. ch. 177, the plat shall include the following information:

(1)

Name of subdivision which was approved with the preliminary plan.

(2)

North arrow with graphic scale.

(3)

Names and locations of adjoining subdivisions and streets.

(4)

Subdivision boundary survey, lot lines, right-of-way lines, bulkhead lines, boundaries of all out-parcels, easement lines and boundaries of areas to be dedicated to public use, including linear dimensions, bearings or deflection angles, radii, arcs and central angles. (All dimensions shall be measured to the nearest 1/100 of a foot and all angles to the nearest second.)

(5)

Accurate location and legal description of all monuments, markers and control points.

(6)

Lot and block numbers and street names.

(7)

Description of intended use for all easements.

(8)

Signed certificates as provided in Appendix A on file in the city clerk's office.

(9)

An improvements warranty in a form acceptable to the city attorney in an amount equal to ten percent of the cost of the subdivision improvements.

(10)

Any additional information required by F.S. ch. 177.

(Ord. No. 93-01, § 3.6.5, 11-16-1992)

Any applications for development review filed in the city pursuant to the requirements of these regulations, including but not limited to subdivision of land, site plan review, rezoning, special exception, street vacation and other submittals for review and/or approval by the planning and land development regulations commission, the code enforcement board or the city commission shall be accompanied by the fee established by resolution of the city commission before such application will be considered for further review.

(Ord. No. 93-01, § 3.7.1, 11-16-1992)

The fees for review of development plans including subdivisions, site plans, rezonings, vacation, special exceptions, amendments to any subdivisions or site plans, resubmittals for any subdivisions or site plans shall be established by resolution of the city commission.

(Ord. No. 93-01, § 3.7.2, 11-16-1992)

Prior to commencement of construction on a subdivision or other approved development plan requiring public improvements, a fee shall be paid to the city for the cost of the city engineer's inspection of the public improvements. The engineering inspection fee shall equal the product of 0.0125 times the engineer's estimated cost of the public improvements. The minimum fee shall be $250.00.

(Ord. No. 93-01, § 3.7.3, 11-16-1992)