(a)

These public school siting regulations apply to traditional public schools with a permanent student capacity of five hundred fifty (550) or more, except that only sections 38-1751, 38-1752, 38-1754, 38-1755(b), (c), (d), (e), and (o) and 38-1758 of these regulations apply to traditional public schools with a permanent student capacity of less than five hundred fifty (550). Also, to the extent provided under section 38-79(136), these public school siting regulations apply to public charter schools.

(b)

Public schools shall be permitted by right or may be permitted by special exception in the following zoning categories, subject to the site and development standards set forth in sections 38-1753 through 38-1755 and, with respect to a special exception application, the special exception criteria in section 38-78.

(Ord. No. 2023-46, § 87, 12-12-23)

(c)

School administrative and support functions shall be permitted at high school sites in conjunction with school uses, provided that those uses not directly related to the instructional and student activities programs of the school campus may not occupy more than fifteen (15) percent of the property outside of instructional buildings. At high school sites, where non-instructional uses outside of instructional buildings occupy more than fifteen (15) percent of the school property, such uses shall, unless the use is permitted in the zoning category applicable to the property, be subject to the special exception processes. At middle, K-8, free-standing ninth grade centers, or elementary school sites, a special exception shall be required for all independent administrative and support functions located outside of instructional buildings. Parks and recreational joint use areas shall be considered part of the instructional and student activities program.

(d)

School buses may be stored at public school sites based on the following:

(1)

High school sites: Maximum of seventy-five (75) buses permitted by right.

(2)

Middle school sites, free-standing ninth grade centers, and K-8 sites: Maximum of thirty (30) buses permitted by right. Additional buses may be permitted by special exception or P-D only; the maximum number of permitted buses is shall be determined during the special exception or PD process.

(3)

Elementary school sites: No buses permitted.

(e)

Bus depots shall be permitted by right in industrial-zoned districts (except I-1A or I-1/I-5) or in the industrial portion of a PD and may be permitted by special exception in the C-3 zoned district. Fueling pumps for buses shall be permitted at high school sites.

(f)

School facilities and programs may be located in any leased facility which is zoned nonresidential, provided that the leased facility conforms with all requirements applicable to the zoning for the leased site.

(g)

A school that comprises a portion of a PD shall be platted. A PD that is comprised of a school shall not be required to be platted as a condition of development or otherwise but may be platted at the option of the school board.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

Editor's note— Ord. No. 2017-06, § 1, adopted April 25, 2017, amended § 38-1751, and in so doing changed the title of said section from "Zoning categories in which schools are allowed" to "Scope and application; zoning categories in which schools are allowed," as set out herein.

(a)

The following are presumed to meet all requirements for consistency with the county's comprehensive plan, and with the school site guidelines, criteria and standards set forth in these regulations:

(1)

School sites owned, under option or reserved in approved plans prior to October 14, 1996.

(2)

Placement of temporary classrooms or portables or relocatables at existing school sites.

(3)

Renovation or construction on existing school sites, except for:

a.

changes in the primary use (for example, a renovation changing a middle school to a high school) and

b.

construction that increases permanent student capacity by an amount that exceeds fifteen (15) percent of the highest enrollment at the school during the ten-year period prior to commencement of construction, unless such construction consolidates or merges two (2) or more elementary schools or special needs programs that, prior to consolidation, would have less than five hundred fifty (550) permanent student capacity and the resulting school would otherwise (i) meet the acreage requirements set forth in section 38-1755(a)(1) for the resulting permanent student capacity of the consolidated school, and (ii) not change the primary use of any of the consolidated schools.

(b)

For purposes of coordination, the school board shall submit information to the county on sites, renovation or construction described in subsection (a), but such submission shall not be subject to conditions unless voluntarily agreed to by the school board.

(c)

Renovation or construction on a sites that is not presumed to be consistent as described in subsection (a) and construction of a stadiums on a site, including a site identified in subsection (a), shall be subject to the county's comprehensive plan and the school site guidelines, criteria and standards.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

The following school site guidelines are not mandatory but shall be considered whenever waivers to school site criteria and standards are requested and necessary:

(1)

Schools should be located where adequate public facilities and infrastructure exist or are programmed and where environmental impacts are minimized.

(2)

Schools should be located to minimize average home-to-school travel distances based on both current and projected student enrollments.

(3)

Middle schools, K-8 schools and free-standing ninth grade centers should be located on residential collector roads within or as close as practical to existing or planned residential neighborhoods, and should be located adjacent to residential neighborhoods where secondary pedestrian access is available on local streets.

(4)

Elementary schools and K-8 schools should be located adjacent to residential neighborhoods where secondary pedestrian access is available on local streets.

(5)

K-8 schools and free-standing ninth grade centers shall be treated as middle schools. Non-free standing ninth grade centers operated and constructed in conjunction with high school campuses shall be treated as part of the high school campuses.

(6)

High schools should be located on roadways with adequate capacity to carry student and parent traffic and suitable for high volume traffic, including during evening and special events. High schools may also be located on collector or local roads with adequate capacity for motor vehicles on normal school days where the site has access to multiple adjacent streets to distribute traffic.

(7)

School sites should be discouraged adjacent to overhead high voltage transmission lines unless classrooms and programmed play areas for elementary schools can be located not closer than three hundred (300) feet from the nearest transmission line.

(8)

Where pedestrian access from a residential neighborhood to a school site exists, the school board should provide cross-connection to promote safety and walkability in accordance with the educational specifications adopted by the school board consistent with applicable state standards for public schools. However, the school board shall not be required to provide additional off-site improvements to residential neighborhoods to enhance safety or walkability.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

The following school site criteria shall apply to school sites, unless a request is made for review and approval by the board of county commissioners:

(1)

Elementary schools shall not be located on arterials but shall be located on local streets or on residential collector streets situated within residential neighborhoods and as close as practical to existing or planned residential neighborhoods.

(2)

In the event the county engineer determines that a road adjacent to the frontage of a school site is hazardous for pedestrians, the school board shall mitigate the hazardous condition to the reasonable satisfaction of the county engineer.

(3)

Except as may be approved by the board of county commissioners prior to acquisition by the school board, school sites shall not be acquired, reserved or accepted by donation in the following locations:

a.

On a site within one hundred (100) feet of gas transmission lines unless such areas are fenced and separated from the campus and buildings.

b.

Adjacent to wastewater treatment plants.

c.

Within one-quarter mile of active landfills or hazardous waste facilities.

d.

Within the 100-year flood plain unless compensating storage is provided on site.

e.

Adjacent to or in the vicinity of any nonresidential property from which noise exceeds sixty (60) decibels at the common property line.

f.

Adjacent to hazardous industrial uses or industrial uses that may create hazardous risks or conditions, such as chemical plants.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

Plans for elementary, middle, K-8, free-standing ninth grade centers, and high schools shall comply with the following development standards, which relate to the design and layout of facilities, sites and other improvements, and shall apply to all school sites unless the board of county commissioners reviews and approves the site with changes or modifications.

(a)

(1)

Minimum net lot areas, which shall exclude water bodies and conservation areas but may include off site areas used for retention/detention of site runoff, shall be as follows:

(2)

If the school board does not use one (1) or more of the following techniques for the design of the proposed school, the minimum net lot areas outlined in the table immediately above shall be increased by ten (10) percent:

a.

Parking structures;

b.

Joint use facilities;

c.

Co-location of schools;

d.

Off-site stormwater; or

e.

Multi-story schools (not including for auditoriums and gymnasiums).

(b)

Maximum building heights (excluding parapets):

(1)

For elementary schools, three (3) stories, not to exceed forty-five (45) feet, except two (2) stories, not to exceed thirty-five (35) feet, for elementary schools in the rural service area.

(2)

For middle schools, K-8 schools and free-standing ninth grade centers, three (3) stories, not to exceed fifty (50) feet, except two (2) stories, not to exceed thirty-five (35) feet, for middle schools, K-8 schools and free-standing ninth grade centers in the rural service area.

(3)

For high schools, six (6) stories, not to exceed ninety (90) feet, except:

a.

for any buildings constructed within two hundred (200) feet of single-family residential zoned property, four (4) stories, not to exceed sixty-five (65) feet; and

b.

in the rural service area, two (2) stories, not to exceed thirty-five (35) feet, and fifty (50) feet for gymnasiums and auditoriums.

(c)

Building setbacks from property lines shall be a minimum of twenty-five (25) feet and as established for major street setbacks.

(d)

All driveways and parking areas shall adhere to the minimum setback requirements established for the zoning district.

(e)

Parking spaces shall be provided in accordance with the educational specifications adopted by the school board consistent with applicable state standards for public schools, and may include spaces incorporated into joint use facilities with other parties.

(f)

Unless otherwise provided in the educational specifications adopted by the school board consistent with applicable state standards for public schools, the school board shall comply with the following landscaping requirements:

(1)

The planting of trees and shrubs shall be prioritized along the road frontage and property lines to create buffers.

(2)

Trees and shrubs shall not be planted in locations adjacent to doors or windows or under parking lot lights or security cameras, where at maturity the trees or shrubs could potentially obstruct views.

(3)

Trees shall not be planted within ten (10) feet of backflow preventer devices, fences, or other utility infrastructure.

(4)

The planting of canopy trees within twenty-five (25) feet of buildings shall be minimized.

(5)

The planting of hedges shall be minimized.

(6)

Any landscaping requirements imposed on school facilities should be in accordance with the crime prevention through environmental design approach.

(g)

Access requirements:

(1)

Vehicular access to elementary schools, middle schools, K-8 schools, and free-standing ninth grade centers shall be provided by at least one (1) paved local road at least twenty-four (24) feet in width. The county may allow a width of less than twenty-four (24) if a street master plan or complete street study recommending a lesser width on the roads associated with the school has been approved by the county.

(2)

Primary access to free-standing ninth grade centers located adjacent to high schools and to all high schools shall be provided from a collector or arterial roadway and such primary access to the free-standing ninth grade center may share access with the adjacent high school. High schools may also be located on collector or local roads consistent with section 38-1753(f).

(3)

Site plans for renovations to existing schools (where practicable) and for new schools shall provide adequate capacity for on-site vehicle stacking to facilitate safe and efficient pick-up and drop-off of students on-site.

(4)

A minimum five-foot wide sidewalks shall be provided by the school board along that portion of the school site frontage that is adjacent to a public roadways. For purposes of this subsection, "adjacent" shall mean where the school site is contiguous to a public right-of-way. The county will not require any other off-site sidewalk or pedestrian structure in conjunction with a school site. Where necessary to provide continuous pedestrian access to adjacent residential areas, the county shall prioritize the completion of construction of the sidewalk system to eliminate gaps leading to the school site. Additionally, pursuant to F.S. § 1006.23, ("Gabby's Law for Student Safety"), whenever a hazardous walking condition affecting any public elementary school student whose grade level does not exceed grade 6 is determined to exist along a road over which the county has jurisdiction, and the district school superintendent or his or her designee requests a position statement from the county with respect to correction of such condition, the county shall timely inform the school board whether the county will include correction of the hazardous walking condition in its next annual five-year transportation work program and, if so, when correction of the condition will be completed. If the correction of such condition will not be included in the county's next annual five-year transportation work program, the factors justifying such conclusion must be stated in writing to the district school superintendent and the department of education. The county or the school board shall notify the department of transportation and the department of education to allocate state funds for the transportation of students subjected to the hazardous walking condition until the condition can be corrected or the projected completion date, whichever occurs first.

(5)

When a proposed school sites abuts a county public recreation areas, interconnecting pedestrian access shall be provided to the property line, at the time of site development, by both the school board on its property and the county on the public recreation area, provided that the school board reserves the right to impose reasonable restrictions on interconnectivity to ensure the safety and security of students and school facilities.

(6)

The school board shall submit a traffic and operational impact study in conjunction with submittal of the appropriate development permit application for the development of a school site. When the traffic impact study warrants an official traffic control signal, as defined in F.S. § 316.003(24) at the main entrance to the school, the school board shall install the official traffic control signal at its expense, and convey such traffic signal to the county at no cost for the county to maintain and operate.

(7)

When the traffic and operational impact study warrants turn lanes at the entrances and/or exits to a school, turn lanes of sufficient length, as determined by the traffic impact study, shall be installed at the school board's expense. The county shall not require turn lanes anywhere other than the entrances and exits of school sites unless they are warranted by traffic generated by the school.

(8)

The school board shall pay its proportionate share of the cost of other on-site system improvements necessitated by the school, may pay its proportionate share of off-site system improvements, but shall not be responsible for addressing existing facility or service backlogs or deficits.

(9)

When circumstances permit, the school board or the county may consider installing roundabouts in proximity to schools.

(h)

Ancillary facilities shall be located and buffered on the site to minimize adverse impacts on adjacent residential properties. Also, landscape buffers shall be provided along that portion of the school property line where the school property contains vehicular use areas, including but not limited to parking, driveways, or other similar uses. Landscape buffers shall not be required by the county for any other non-vehicular use area except as provided in subsection (i) and shall specifically exclude crosswalks and landscape islands in parking lots.

(i)

In addition to subsection (h) above, a landscape buffer shall be provided when ancillary uses not related to an on campus school instruction programs are located within seventy (70) feet of the perimeter of the school property, including but not limited to, maintenance shops, bus storage, and other similar uses. The landscape buffer shall consist of:

(1)

A vegetative buffer at least ten (10) feet in width and six (6) feet in height that incorporates existing plants and trees and is at least fifty (50) percent opaque at the time of planting, or

(2)

A chain link fence at least six (6) feet in height and landscaped so as to incorporate existing plants and trees and achieve six (6) feet in height and fifty (50) percent opacity within eighteen (18) months of planting.

(j)

The dimensions and configurations of the school site shall not subdivide or assemble parcels to create or leave adjacent parcels that are not suitable in size, shape and location for the uses depicted on the county's future land use element map and permitted by the existing zoning district designation.

(k)

Pursuant to F.S. § 333.03, no school or portion thereof used as an "educational facility," as defined in F.S. ch. 1013 shall be constructed at either end of a runway of a publicly-owned, public-used airport within an area that extends five (5) miles in a direct line along the centerline of the runway, and that has a width measuring one-half (0.5) the length of the runway. Exceptions approving construction of an educational facility within the delineated area shall only be granted when the board of county commissioners adopts a resolution making specific findings detailing how the public policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location.

(l)

The location and arrangement of exterior lighting shall be designed and installed to minimize adverse impacts to adjacent residential property.

(m)

The school board shall be responsible for obtaining environmental permits from the appropriate state and federal agencies for each proposed school site. Additionally, the school board shall submit to the County's Environmental Protection Division (EPD) the documentation and applications required by the permitting agencies with jurisdiction over the proposed school site. The school board shall submit a conservation area impact permit application to the EPD only when the affected wetlands on the site do not require mitigation under state regulations, such as isolated wetlands less than half an acre in size. In those situations, mitigation to offset the environmental impacts shall be required, as mutually agreed upon by the EPD and the school board. Examples of mitigation by the school board may include or be similar to one or more of the following:

(1)

Participation in the "Green School Recognition Program."

(2)

Compliance with the Leadership in Energy and Environmental Design (LEED), Green Globes, or Florida Green Building Coalition (FGBC).

(3)

Installation of permanent storm drain label markers on all storm drain inlets on the school site, reading "Only Rain Down the Drain." Marker lettering shall be at least one-half (0.5) inches high.

(4)

Painting of all storm drain inlet aprons on the school site with text reading, "Only Rain Down the Drain."

(n)

The school board shall be exempt from the tree mitigation requirements set forth in the county's tree protection and removal ordinance codified in article VIII of Chapter 15 of the Orange County Code. Prior to developing a school site, the school board shall submit a tree survey and, to the extent practicable, preserve and protect mature canopy trees having a diameter at breast height (DBH) measurement of six (6) inches or greater.

(o)

Signage shall comply with the county's sign ordinance codified at chapter 31.5 of the Orange County Code, including section 31.5-16 related to electronic message centers (EMC), except that the following standards shall apply to an EMC to the extent these standards conflict or are inconsistent with chapter 31.5 and section 31.5-16:

(1)

An EMC shall be prohibited on a wall sign and a pole sign:

(2)

An EMC shall be permitted on a ground sign, provided:

a.

The maximum height of the ground sign shall be eight (8) feet;

b.

The minimum setback for the ground sign shall be five (5) feet from all property lines;

c.

A maximum of one (1) such ground sign may be permitted;

d.

The maximum allowable copy area for such a ground sign shall be thirty-two (32) square feet;

e.

The EMC shall be used only to advertise school related functions or events;

f.

Such a ground sign shall be separated from a pole sign by a distance of at least one hundred (100) feet;

g.

The EMC shall be turned off or placed in "sleep mode" from 9:00 p.m. to 6:00 a.m. of the next day.

(3)

The zoning manager or his or her designee is authorized to grant an administrative waiver from this section where the school board shows that application of this subsection to a specific site would result in a practical difficulty or physical hardship affecting the use or operation of the property. If an administrative waiver is sought but not granted, the school board may request a modification pursuant to section 38-1758(c).

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17; Ord. No. 2021-06, § 1(c), 2-9-21)

Editor's note— Ord. No. 2017-06, § 1, adopted April 25, 2017, amended § 38-1755 and in so doing changed the title of said section from "Site standards" to "School site standards," as set out herein.

(a)

The school board and the county agree to promote and support community development and design by encouraging joint development of property adjoining proposed school sites for parks, recreation and appropriate related facilities including libraries and children's services, consistent with the requirements of section 38-1755(g)(5) regarding interconnecting pedestrian access where the school board reserves the right to impose reasonable restrictions on interconnectivity to ensure the safety and security of students and school facilities.

(b)

The school board and the county agree to the following mechanisms to investigate and implement options for joint design and development of related facilities.

(1)

As early as possible, but not later than prior to the acquisition of real property for each new public school facility, the school board shall meet with the county's parks and recreation division to discuss the opportunity for joint utilization and/or development of public school and park sites.

(2)

The county shall evaluate alternatives for acquiring additional property adjacent to the school and the board of county commissioners shall formally consider recommendations for acquisition and/or joint development of related facilities.

(3)

The school board shall, in negotiating for the purchase of school sites, use its best efforts to reserve or obtain options to additional lands for use by the county for related uses.

(4)

For sites recommended by the board of county commissioners, the county shall coordinate preparation of joint development plans with the school board.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

(a)

Joint county and school board planning and design of neighborhoods and communities served by existing and proposed neighborhood schools are encouraged.

(1)

The county's planning division and parks and recreation division staff shall be authorized to participate as ex-officio members of school board review committees charged with reviewing and recommending school site acquisition to the school board.

(2)

School board planning staff, local school advisory committees and neighborhood associations shall be joint participants in county programs for developing neighborhood and community based plans.

(3)

School board planning staff shall be authorized to participate as non-voting members of the development review committee (DRC) and, consistent with section 30-34(a)(4), the county's planning and zoning commission.

(4)

County staff shall be authorized to participate as non-voting members of the OCPS advance planning committee.

(b)

The county and the school board shall share information on a routine basis to facilitate planning and design of schools pursuant to the terms of the First Amended and Restated Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency, by and among the county, the school board and the various municipalities within the county, executed by the county on August 6, 2011, and by the school board on March 11, 2011, and as it may be further amended from time to time (the "Interlocal Agreement").

(c)

For purposes of coordinating planning efforts, the county shall periodically provide the school board with an updated bikeway/pedestrian plan for student access for each school in the county that shows all improvements needed to serve students within two (2) miles of all existing and proposed school sites and a schedule for construction of such projects.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

(a)

The school board shall provide written notice to the county's planning division manager at least sixty (60) days prior to acquiring or leasing property that may be used for a new public school. To be considered sufficient for review, the notice shall include the type of school being proposed and the property appraiser's parcel identification number. The planning division manager, upon receipt of this notice, shall notify the school board within thirty (30) days whether the planning division manager finds the site proposed for acquisition or lease is consistent with the land use categories and policies of the county's comprehensive plan, and such notice. Such notice shall serve as the county's preliminary notice under F.S. § 1013.33(5). In the event the planning division manager determines the proposed school is inconsistent with the comprehensive plan or applicable portions of the land development code, the notice shall include recommended action to resolve the inconsistency. A determination under this subsection may be appealed within thirty (30) days to the DRC, and the DRC's decision may be appealed within thirty (30) days to the board of county commissioners. Prior to DRC review, the school board shall comply with the neighborhood meeting requirement in section 38-1759.

(b)

As early in the design phase as feasible, but not later than ninety (90) days before commencing construction, the school board shall in writing request from the board of county commissioners a determination of consistency with the comprehensive plan and land development regulations. See F.S. §§ 1013.33(6) and 163.3194, and Attorney General Opinion 2004-42. The school board may, at its option, request a determination of consistency with the comprehensive plan separately or concurrently with review of plans for consistency with land development regulations. To be considered sufficient for review, the school board shall submit with its request a location map depicting the proposed school site, the property appraiser's parcel identification number, and evidence that a neighborhood meeting has taken place pursuant to section 38-1759. In addition, for a consistency determination with the land development regulations, the school board shall submit a detailed site plan. The determination of consistency with the comprehensive plan and land development regulations shall be provided in writing by the board of county commissioners within ninety (90) days after receiving both the necessary information, as determined by the planning division manager to be sufficient for review, and the request for consistency determination from the school board. Except as may be otherwise required for a comprehensive plan amendment, the submission of an application by the school board requesting a future land use map amendment, zoning change, planned development approval, special exception, variance, waiver, or development plan approval shall be deemed a request for a determination of consistency in accordance with this subsection, and the planning and zoning commission, the board of zoning adjustment, and the board of county commissioners, as applicable, shall conduct a public hearing approving or denying the school board's application within one hundred and twenty (120) days of receipt of a sufficient application, unless a continuance is requested or accepted by OCPS.

(c)

Any request by the school board to modify the school site location criteria and site standards identified in sections 38-1754 and 38-1755 shall be reviewed and may be approved by the board of county commissioners at a public hearing. The board of county commissioners shall have the right to impose reasonable additional conditions of approval to mitigate the off-site impacts and effects on adjacent property owners directly and proportionately arising from the proposed modification to the adopted site criteria and standards.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

(a)

Prior to submitting a school site for DRC or board of zoning adjustment review, whichever is applicable, the school board shall conduct a neighborhood meeting in the community where the proposed school is to be located to discuss the proposed school site. The school board shall notify the county mayor, the county commissioners, the planning and zoning commission members, the county administrator, and the planning division manager, of the date, time and location at least ten (10) days prior to the neighborhood meeting. Evidence of a neighborhood meeting, including meeting minutes, shall be submitted along with the request for consistency determination.

(b)

In addition to such notices it may otherwise provide, the school board shall mail a supplemental notice to those property owners who own property within one thousand five hundred (1,500) feet of the proposed school site.

(c)

The neighborhood meeting shall also be posted on the school board's website.

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

The designation of public school sites meeting the standards contained in sections 38-1751 through 38-1757 shall be processed in accordance with those sections contained in chapter 34, subdivision regulations, pertaining to public school sites. The following conditions shall be met prior to acceptance by the school board, unless otherwise waived by the school board:

(a)

The school site shall be zoned to allow school use;

(b)

The school site shall have sufficient access via public records at least six (6) months prior to its scheduled opening that allows for full access and have legal access for due diligence and construction vehicles at least twenty-four (24) months prior to its scheduled opening;

(c)

No later than twenty-four (24) months prior to the school site's scheduled opening, all existing easements and utilities contained therein shall be vacated and moved to a location that does not impact the school site unless otherwise approved by the school board;

(d)

The developer shall mitigate all impacts to FEMA flood zones, associated wetland area impacts, gopher tortoises and other endangered species as required to allow use of the proposed site for school purposes, including necessary submittals of the LOMR and LOMR-F;

(e)

All utilities (water, with sufficient fire flow for the school site, wastewater, reclaimed water, and electric) at the school site shall be stubbed out at the property line no later than one (1) year prior to the scheduled opening of the school;

(f)

The school site shall contain sufficient acreage in accordance with this school siting ordinance, as determined by the school board;

(g)

Not less than ninety (90) days prior to preliminary subdivision approval, the developer must submit to the school board, at the owner/applicant's expense, the following documents:

(1)

Commitment for an owner's policy of title insurance confirming that the owner/applicant has record fee simple title to the land being conveyed, subject only to the permitted exceptions which relate to such lands (an owner's policy of title insurance shall be issued to the school board within ninety {90} days of conveyance);

(2)

A certificate of non-foreign status from the owner/applicant confirming that the owner/applicant is not a foreign person or entity for purpose of U.S. income taxation in compliance with section 1445 of the Internal Revenue Code;

(3)

A sworn affidavit from the owner/applicant confirming that there are no liens, encumbrances, agreements, deed restrictions or other matters affecting title to such lands that would prevent the utilization of the same for the intended purposes;

(4)

Partial releases, satisfactions or other instructions necessary to release or remove any outstanding mortgages, liens, encumbrances or other matters that would prevent the utilization of the same for the intended purposes;

(5)

A current Phase I environmental audit (no earlier than six {6} months prior to the conveyance) acceptable to the school board that encompasses the lands being conveyed;

(6)

No later than ninety (90) days prior to conveyance, boundary surveys and legal descriptions showing direct access to at least one dedicated public-right-of-way; and

(7)

Disclosure of interests in real estate (F.S. § 286.23).

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06, § 1, 4-25-17)

At least once every five (5) years, with the first five (5) year period commencing May 1, 2017, this article shall be reviewed by the board of county commissioners, in consultation with the school board, to ensure continued coordination between the board of county commissioners and the school board. Each review shall consider, but not be limited to, this article's impact on the siting of public schools in coordination with plans for residential development and other necessary services. In the event a review of this article determines any portion is inconsistent or conflicts with applicable requirements of Florida Statutes, this article shall be amended accordingly.

(Ord. No. 2017-06, § 1, 4-25-17)