(a)

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

(b)

The provisions of this chapter are not intended to abrogate any easement, covenant, or other private agreement, however, where the requirements of this chapter are more restrictive or impose higher standards than the private agreement, the terms of this chapter shall control.

(c)

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.

(a)

Subdivision plat required. No real property shall be divided into two or more lots for the purpose of sale or other transfer of ownership, nor shall development plans be approved or permits issued, without compliance with the requirements of this chapter.

(b)

Subdivision plat exemptions. The following activities shall be exempt from all of the terms of this chapter, unless otherwise noted:

(1)

Five-acre or more division. The division of land in single ownership into parcels of not less than five acres each, where no new street right-of-ways are proposed or required, each parcel has a minimum frontage along an existing dedicated public road of no less than 200 feet and meets or exceeds all pertinent requirements of this code.

(2)

Lot reconfiguration. The combination or recombination of previously platted lots or portions of lots, unplatted tracts, or parcels, the reestablishment of previously platted lot lines, or the adjusting of existing lot lines, where the overall number of lots, tracts, or parcels is not increased, and all of the resultant lots, tracts, or parcels meet or exceed the dimensional standards and other pertinent requirements of this code.

(3)

Minor subdivision. A minor subdivision shall be exempt from the review and approval of a plat, however, development plans meeting the requirements of this code shall be approved as required for a minor development. A minor subdivision is defined as meeting all of the following criteria:

(a)

An overall tract in single ownership of no more than three acres is divided into no more than three lots.

(b)

No adjoining lots, tracts, or parcels are in the same ownership.

(c)

No new streets or street improvements are proposed or required.

(d)

No dedication of right-of-way (except for sidewalks), drainage areas, conservation areas, or other publicly maintained property is proposed or required.

(e)

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

(f)

Water and sewer services are available to service the property, as required by chapter 11 of this code.

(4)

Application. The above-referenced subdivision plat exemptions shall be processed upon application using the appropriate form provided by the city, and accompanied by the appropriate review fee, as adopted by resolution of the city council. The application shall be accompanied by required documents identified on the application checklist.

(5)

Pre-application conference. Prior to submitting a subdivision plat exemption application, the applicant shall meet with the administrative official or his/her designee(s), to discuss potential issues and review the application process. Comments made at the pre-application conference are advisory and intended to provide guidance on the formal review of the subdivision exemption.

(6)

Review of application materials. Within two 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 council. When a completed application is submitted, it shall be reviewed by appropriate staff members within ten working days of the determination of completeness.

(7)

Subdivision exemption review. Formal comments shall be transmitted in writing to the applicant no later than three working days after the application review is complete. The applicant shall resubmit plans in response to the staff comments no later than 60 days after the receipt of the comment letter. The resubmittal shall be reviewed by appropriate staff, based on the original findings, within ten working days of resubmittal. Based on the outcome of this second review, the administrative official shall take one of the following actions within 15 working days of resubmittal:

(a)

If previous comments were not addressed, or modifications result in additional code discrepancies, such comments shall be transmitted along with a reasonable deadline for resubmission based on the number and magnitude of outstanding issues. However, in no case shall resubmittal be accepted more than 30 days after the transmittal of the second set of comments.

(b)

If all comments are satisfactorily addressed, the department shall issue a letter of authorization. The city shall be responsible for submitting the approved documents to the County of Volusia for recording in the Public Records of Volusia County.

(8)

Issuance of development order. The department shall issue a development order within five working days of receiving proof of the recording of the approved documents. Once the development order has been issued, the applicant shall be responsible for obtaining an updated property card for the proposed reconfiguration by submitting the development order to the Volusia County Property Appraiser's Office.

(Ord. No. 1995-43, § 17, 12-19-95; Ord. No. 2012-16, § 3, 12-11-2012)

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

(a)

Completion 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 accepted by the department, or an agreement and acceptable performance bond have been accepted and executed by the city and developer.

(b)

Adoption of standard construction details. All construction shall comply with the standard construction details as adopted by resolution of the city council. 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.

(c)

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 10.5 of this chapter, 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 department. 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. 1995-43, § 18, 12-19-95)

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.

(a)

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:

(a)

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

(b)

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

(c)

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 driveable accessway may be substituted.

(d)

Street jogs with centerline offset shall be prohibited.

(e)

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

(f)

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

(g)

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. All intersections shall be designed in accordance with the criteria of sections 2 and 3 of chapter 12 of this code.

(h)

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.

(i)

Where a 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.

(j)

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.

(a)

Roadway pavement shall consist of 1¼ inches of Type S-III asphalt over a six-inch soil cement, limerock or recycled concrete base, over a six-inch compacted subbase. Recycled concrete or limerock for base applications shall be allowed on roadways only where the lowest elevation of the roadway subbase is six inches above the seasonal high groundwater table as certified by a Florida licensed professional soils engineer. In areas not meeting these standards, a soil cement base will be required. All crushing of recycled concrete shall be done prior to the material being placed in the roadway. Testing shall have the same requirements and be performed at the same locations and intervals as required for limerock. The administrative official may grant an administrative variance from the foregoing requirements and thereby allow alternative concrete pavements where the alternative concrete pavements are shown to be equivalent to the pavement otherwise required.

(b)

All roads shall have 24-inch wide concrete curbs. Miami curbs or vertical curbs shall be used on local streets, and vertical curbs for enclosed drainage shall be used on major collector and arterial roads. Where swale drainage is approved, an environmental curb is required.

(c)

Minimum four-foot-wide concrete sidewalks shall be constructed along both sides of all streets. Sidewalk construction adjacent to building lots may be deferred using the bonding provisions of section 11(f) of this chapter, where initial construction with other improvements is not required to accommodate existing or initial pedestrian demand.

(d)

Eight-foot wide concrete bikeways 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.

(e)

The remainder of the right-of-way shall be cleared, graded, and sodded. The city may approve seeding and mulching in place of sodding where seeding and mulching will be established by final inspection. When sod is required, a minimum one-foot-wide strip of sod shall be placed adjacent to all inlets and curbing. When seed and mulch are permitted, the seed shall be firmly established by the date of the final inspection.

(f)

Signs for street identification and traffic control shall be installed by the developer at the developer's expense. Signs shall be based on the requirements of the Federal Highway Administration Manual of Uniform Traffic Control Devices, current edition, and standard city specifications.

(b)

Stormwater drainage system. All subdivisions shall construct a stormwater drainage system based on the requirements of chapter 10 of this code.

(1)

Storm sewer design. Storm sewer design shall comply with the criteria described in subparagraph 11(b)(2) and (c) of chapter 10 of this code.

(2)

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.

(a)

Where there are existing or proposed lakes, wet or dry retention areas, or canals or ditches in a subdivision, a common area shall be established under a permanently established property owners association charged with the maintenance of the facility.

(b)

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

(c)

Stormwater wet detention or retention facilities shall be a minimum of four feet deep and a maximum of 12 feet deep measured from normal water level, except as prescribed by environmental permits.

(3)

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

(4)

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.

(a)

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.

(b)

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.

(c)

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. 1995-43, §§ 19, 20, 12-19-95; Ord. No. 1999-6, § 5, 2-23-99; Ord. No. 2011-27, § 2, 10-25-11; Ord. No. 2012-16, § 3, 12-11-2012; Ord. No. 2018-21, § 1(Exh. A), 9-4-2018)

Code of Ordinances references—Streets, sidewalks and other public places, ch. 58; stormwater utility, § 74-156 et seq.

(a)

Water and sewer. Utility improvements shall be constructed as outlined in chapter 11 of this code, including potable water, sanitary sewer, and reclaimed water systems.

(b)

Electric. The developer shall be responsible for installation of electric utility lines, with all lines to be constructed underground unless otherwise permitted in section 8, chapter 11 of this code.

(1)

Street lights and walkway lights. The developer shall forward approved development plans to the power utility franchisee for street light and walkway light design in compliance with the standard construction details.

(a)

Street lights shall be generally provided at all intersections, and at major entry roads into the subdivision as designated by the administrative official. Street lights or walkway lights shall be provided at intervals along each street of between 300 and 400 feet.

(b)

The developer shall pay the city a sum established by resolution of the city council for all street lights and walkway lights required to serve the subdivision at buildout and located along public streets.

(c)

When street lights or walkway lights are provided by the power utility franchisee for the subdivision, the developer shall arrange for installation and the city shall request energization of street lights and walkway lights at major entry roads into the subdivision and at all intersections before the final plat for the subdivision is recorded. The city will request installation and energization of all other street lights and walkway lights at the time that 25 percent of the platted lots in the subdivision have been issued certificates of occupancy.

(d)

When alternate design for street lights or walkway lights is used, the developer shall arrange for installation and energization of such lights.

(e)

Prior to installing any alternate design street lights or walkway lights along public streets, the developer and homeowners' association shall enter into an agreement with the city. The developer or homeowners' association shall pay all costs related to construction and installation of such street lights or walkway lights. In addition, the homeowners' association shall pay all maintenance and operating costs, including repair, replacement and electricity, for such street lights or walkway lights.

(f)

Prior to installing any walkway lights along state or county roads, the developer and homeowners' association or adjacent property owner shall enter into an agreement with the city. The developer, homeowners' association or adjacent property owner shall pay all costs related to construction and installation of such walkway lights. In addition, the homeowners' association or adjacent property owner shall pay all maintenance and operating costs, including repair, replacement and electricity, for such walkway lights.

(c)

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 section 8, chapter 11 of this code.

(Ord. No. 1996-7, § 1, 3-19-96; Ord. No. 1996-34, § 1, 11-19-96; Ord. No. 1999-6, § 6, 2-23-99; Ord. No. 2018-21, § 1(Exh. A), 9-4-2018)

Code of Ordinances references—Utilities, ch. 74; stormwater utility, § 74-156 et seq.

(a)

Survey accuracy. The allowable angular error of closure and linear error of closure for subdivision surveys shall be in accordance with chapter 61G17-6, Florida Administrative Code, for high risk properties.

(b)

Monumentation. The developer shall cause a professional land surveyor and mapper to install monuments based on the requirements of F.S. ch. 177, and chapter 61G17-6, Florida Administrative Code.

(c)

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)

Where a 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. Where double frontage lots are used to meet this requirement, a sufficient area shall be set aside by dedication or easement to provide the landscaped buffer required in section 3, chapter 13 of this code.

(2)

Double frontage lots are to otherwise be avoided, but where justified due to unusual circumstances, shall provide for the required buffer noted above.

(3)

Street layouts shall provide for an interconnected roadway network, whether a curvilinear or grid pattern is used.

(4)

No lots fronting on an existing street should be subdivided in a matter [manner] so as to permit new structures to conflict with the orientation of existing structures. Where such changes in orientation are unavoidable or for other reasons deemed desirable, screening and buffering may be required.

(5)

Side lot lines shall be substantially at right angles or radial to right-of-way lines.

(6)

Lots on curves shall be platted to provide the minimum required lot width at the minimum building setback line, and no lot shall have a minimum frontage of less than 20 feet at the front lot line.

(7)

Irregularly shaped lots shall provide the minimum required lot width from the minimum building setback line to a minimum depth of 75 feet from the right-of-way line.

(8)

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

(9)

Defensible spaces shall be required for all proposed developments abutting any wildland vegetation. The distance separations are as follows:

Source: ICC International Wildland-Interface Code Table 603.2

(a)

Initial determination and appeal. The city's fire marshal shall determine the hazard level for wildland-urban interface abutting proposed subdivisions by following the Florida Wildfire Risk Assessment Checklist published by the Florida Forest Service. This initial determination may be appealed by the applicant to the Florida Forest Service. The initial determination may be amended upon receipt of a letter from the fire protection specialist from the Florida Forest Service attesting to a lower hazard level determination than initially determined by the city's fire marshal.

(b)

Increased hydrant frequency option. If the applicant determines that required defensible spaces are impracticable, the applicant may choose to increase the frequency of fire hydrant spacing along the wildland-urban interface area. Should the developer exercise this option, the maximum fire hydrant spacing along wildland-urban interface areas without defensible spaces shall be reduced to 250 feet for land use groups 1, 2 and 3, and 200 feet for land use group 4 (see table 11-1, chapter 11 for land use group breakdown).

(d)

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:

(a)

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

(b)

Canals of over 25 feet in width at the top of bank, or over four feet in depth shall be covered by an easement extending to ten feet beyond the top of bank on one side, and 20 feet beyond the top of bank on the other side.

(c)

Ditches smaller than described in (b) [subsection (d)(1)(b)] above shall be covered by an easement extending to ten feet beyond the top of bank on both sides.

(d)

Swales, or any other facility up to 2½ feet deep and with side slopes no greater than 4:1 shall be covered by an easement extending to the top of bank.

(e)

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

(f)

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

(2)

Utilities. A utility easement shall be granted to the city 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 city. Minimum size shall be as follows:

(a)

Potable water, sanitary sewer, and reclaimed water lines shall be covered by an easement of no less than 20 feet, centered on the centerline of the pipe.

(b)

Sewer lift stations shall be located in a minimum 30-foot by 30-foot square area located adjacent to a dedicated public road. The city shall be granted an exclusive easement for the purpose of installation and maintenance of the lift station and related appurtenances.

(3)

Standard lot easements. All platted lots shall reflect the following easements granted to the city:

(a)

A 12-foot drainage and utility easement shall be located along the fronts of all lots adjacent to any street. Said easement may be bisected by driveways to service the property, as approved through the issuance of a site construction permit.

(b)

A 20-foot drainage and utility easement shall be granted where required based on the design of the improvements in the subdivision.

(c)

Where zero-lot line development is proposed, a ten-foot drainage and utility easement shall be granted along the non-zero-lot line side of the lot.

(4)

Vehicular access control easements. A two-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:

(a)

On all double frontage (through) lots, along the rear or nonlocal road frontage.

(b)

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

(c)

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

(5)

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

(a)

Over all required tree preservation areas.

(b)

Around all individual specimen trees required to be preserved. The size of the easement shall be based on the criteria of article II, chapter 9.

(c)

Over all wetlands, wetland buffers, and wetland mitigation areas, as required by article I, chapter 9.

(Ord. No. 1993-58, 1-18-94; Ord. No. 1995-43, § 21, 12-19-95; Ord. No. 2003-23, § 6, 6-17-03; Ord. No. 2010-8, § 1, 5-4-10; Ord. No. 2012-16, § 3, 12-11-2012; Ord. No. 2018-21, § 1(Exh. A), 9-4-2018)

Approval of subdivision plats and development plans is outlined in chapter 3, article I, section 3 of this code. Approval of the final plat and development plans results in the issuance of a development order.

(a)

Subdivision plat and development plan exhibits. The following information and documentation shall be shown on or enclosed with the subdivision plat and development plans submitted for review. The subdivision plat and development plans shall be drawn at a scale of no smaller than one inch equal to 100 feet.

(1)

The final plat drawing(s), drafted in compliance with F.S. ch. 177, and including certificates of approval for signature by the designated administrative official and attestation by the city clerk.

(2)

An updated boundary survey conducted within the last calendar year and certified to the city.

(3)

An updated opinion of title conducted within the last calendar year and issued to the city.

(4)

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

(a)

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

(b)

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.

(c)

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.

(d)

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

(e)

Proposed street names and lot numbers.

(f)

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

(g)

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

(h)

Environmental assessment conducted by a qualified biologist within a calendar year from the date submitted, documenting the types of habitat found on site, identifying vegetation types, soil types, wetlands, floodplain, and the presence of any threatened or endangered species and/or species of special concern, and a tree survey showing all specimen trees, with calculations required under chapter 9, article II of this code.

(i)

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.

(j)

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

(k)

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

(l)

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 one inch equal to 40 feet horizontal. Profiles shall be drawn at one inch equal to four feet vertical.

(m)

Calculations justifying the sizing of utility lines.

(n)

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

(o)

Drainage calculations demonstrating compliance with the water management district regulations, and justifying the size of all facilities.

(p)

The lot grading plan required under section 4 of this chapter.

(q)

An erosion and sediment control plan (ESCP) for all non-emergency land activity that disturbs one-half acre (21,780 square feet) or more of soil, pursuant to chapter 10, section 5 of this code.

(r)

One copy of the computer files depicting the final plat prepared on an appropriate computer-aided drafting (CAD) system with all external reference files bound to the working file.

(5)

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.

(6)

Any and all proposed deed covenants and restrictions.

(7)

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

(8)

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

(b)

Final document submittal. The following documents shall be submitted within one week of a planning commission recommendation regarding subdivision plat and plans, in order to be reviewed and approved by staff prior to being executed by the mayor and attested by the city clerk:

(1)

Subdivision improvement agreement (SIA). An improvement guarantee shall be required if the plat is recorded prior to the completion of improvements. All agreements and guarantees shall be on forms furnished or currently approved by the city. The guarantee shall be in the amount of 110 percent of an engineer's signed and sealed estimated construction costs or of the sum of the actual construction contracts. The agreement shall provide for a one-year warranty on all required infrastructure public improvements from the time of city acceptance, and shall be submitted prior to acceptance in the amount of ten percent of the actual construction cost.

(Ord. No. 1995-43, § 23, 12-19-95; Ord. No. 1999-6, § 8, 2-23-99; Ord. No. 2003-23, § 8, 6-17-03; Ord. No. 2011-27, § 2, 10-25-11; Ord. No. 2012-16, § 3, 12-11-12; Ord. No. 2015-12, § 3, 4-21-15; Ord. No. 2018-21, § 1(Exh. A), 9-4-18; Ord. No. 2025-17 meeting, § 1, 9-2-25)

(a)

Jurisdiction. Variances to the requirements of this chapter may be granted by the city council, upon recommendation of the planning commission. Variances to the standard construction details or the standard utility details may be granted by the administrative official or the public utilities director subject to subsection (c) of this section. Variances to other requirements, such as lot dimensions, that are required as part of subdivision design, but specified in other chapters, shall be considered under the variance procedure applicable to that chapter.

(b)

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 community development 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 council, upon recommendation by the planning commission.

(2)

Variance to required improvements or design criteria of this chapter. 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 a variance from the review process:

(a)

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

(b)

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

(c)

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

(d)

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:

(a)

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

(b)

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

(c)

Administrative variances to standard construction details. The administrative official may grant administrative variances to the requirements of the standard construction details, and the public utilities director may grant administrative variances to the requirements of the standard utility details. In either event, 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. 1991-20, 8-27-91; Ord. No. 1999-6, §§ 9, 10, 2-23-99; Ord. No. 2012-16, § 3, 12-11-2012)

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

(a)

Subdivisions without a recorded plat shall be allowed up to a total of 6 model homes subject to the following requirements:

(1)

Permanent sewer connections shall not be made until the sanitary sewer system has been completed and certified to Florida Department of Environmental Protection (FDEP).

(2)

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

(3)

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.

(4)

Temporary parking for model home sites may be constructed of gravel or other pervious or semi-pervious material; however, required handicap accessible parking spaces shall be constructed in accordance with the city's standard construction details.

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

(Ord. No. 1992-29, 11-3-92; Ord. No. 1995-43, § 26, 12-19-95; Ord. No. 2003-23, § 9, 6-17-03; Ord. No. 2003-24, § 3, 6-17-03; Ord. No. 2012-16, § 3, 12-11-12; Ord. No. 2022-22, § 2, 9-6-22)

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

(a)

No more than ten percent, rounded to the nearest whole number, of the lots in a subdivision or subdivision phase may be constructed as speculative homes. The number of speculative homes permitted does not affect the number of model homes allowed in a subdivision or subdivision phase.

(b)

Speculative homes shall be constructed in clusters of two or more homes within the same subdivision or subdivision phase.

(c)

Permanent sewer connections shall not be made until the sanitary sewer system has been completed and certified to Florida Department of Environmental Protection (FDEP).

(d)

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

(e)

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

(Ord. No. 2022-22, § 2, 9-6-22)

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

(a)

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.

(b)

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.

(c)

Permit required. For both subsections (a) and (b) above, building permits are required. A certificate of occupancy shall be required for any model home prior to private residential occupation.

(Ord. No. 1995-43, § 27, 12-19-95; Ord. No. 2011-27, § 2, 10-25-11; Ord. No. 2012-16, § 3, 12-11-2012)