The provisions of this chapter are in addition to those for the subdivision of land, where sale of individual lots is also proposed.

All construction of site improvements, and construction of building improvements for new structures, increases in the size of a structure, or changing the use of a structure, shall be required to comply with the requirements of this chapter, except where exempted in section 2, chapter 3.

All final site development plans for new construction shall include all improvements required by this code and as outlined in this chapter.

(a)

Completion of improvements prior to issuance of certificate of occupancy. A certificate of occupancy shall not be issued by the building division until required improvements have been inspected and accepted by the department. An agreement and acceptable performance bond may be accepted for the completion of certain minor improvements where specifically outlined in this code.

(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)

Improvement or expansion of existing development. All construction regardless of scope shall comply with the specific requirements of this code relating to such construction. Final development plans for improvements or expansion of existing development may be exempt from certain requirements as outlined in this code.

(d)

Upgrade of site improvements for existing development. Unless otherwise noted herein, the following activities shall require the upgrade of existing site improvements to satisfy current code requirements. Such upgrade shall include, but not be limited to, the provision of paved, curbed and expanded parking facilities, stormwater retention, landscaping and buffers, irrigation, signage and architectural design as prescribed by this code. The upgrade shall be required on all lots or parcels under single or common ownership that comprise a unified cohesive site for purposes of meeting the improvement requirements of this code. The administrative official may waive some or all of these required improvements based upon the extent of the proposed activity and the condition of the existing site development.

(1)

Change of use as described by the building code, the Standard Industrial Classification Manual or when determined to be of significance by the administrative official.

(2)

Re-use of any site development which has been abandoned as described by this code.

(3)

Substantial improvement to the property which is a major improvement program under the commercial property maintenance standards contained in the Code of Ordinances.

(4)

As a condition for granting of a special exception, conditional use or variance for existing site developments, when appropriate.

(e)

Modification of approved final site development plans/existing site developments to mitigate impacts of eminent domain actions.

(1)

The owners of any property that has been the subject of an eminent domain action shall submit site development plans designed to mitigate the impacts of such eminent domain actions on the right-of-way bufferyards and parking/vehicular use areas within such property.

(2)

Mitigation requirements shall be as follows:

(a)

Irrigation shall be provided as required by chapter 13 of this code.

(b)

New parking/vehicular use areas, including revised or new parking spaces, shall be provided in compliance with the requirements of chapter 12 of this code.

(c)

Right-of-way buffer landscaping and landscaping for vehicular use/parking areas shall be provided as required by chapter 13 of this code.

(Ord. No. 1993-58, 1-18-94; Ord. No. 1995-43, § 30, 12-19-95; Ord. No. 2011-27, § 3, 10-25-11)

(a)

[Site development plans.] All site development plans shall reflect the installation of all improvements required in this code, in a manner consistent with the standards of this code. Required improvements not otherwise constructed with development of a subdivision shall be constructed on each individual lot or site within, as applicable. Development on individual lots of record or parcels not created as part of a subdivision in compliance with this code shall also be required to provide improvements applicable to lots within a subdivision, as required by this code. Such improvements include stormwater management systems, utilities, walk lights, cross-connections between parcels, stub-outs to adjacent property, parking and loading areas, sidewalks, and landscaping and buffering, and any other facility required by this code.

(b)

Easements and miscellaneous dedications. The following minimum number and size of easements or other dedications shall be reflected on the plan drawing, and shall be conveyed to the city prior to issuance of final approval or certificate of occupancy. Larger easements may be specifically required based on the size, depth, or special maintenance requirements of a facility.

(1)

Drainage facilities. A drainage easement shall be granted to the city where a proposed development is traversed by any existing or proposed public watercourse, canal, ditch, storm sewer, or other drainageway that serves an areawide drainage function. 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 (b)(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 sewers shall be covered by an easement of no less than 20 feet, centered on the centerline of the pipe.

(2)

Utilities. A utility easement shall be granted to the city wherever a proposed publicly owned and maintained 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)

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

(a)

Over all required tree preservation areas, that are outside of required landscaped buffers.

(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.

(4)

Standard lot easements. 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.

(5)

Cross-access easements. Cross-access easements shall be required for non-residential development located along arterial roadways to allow for individual parcels to utilize controlled access points and to facilitate trip movement between adjacent parcels without the need to access the roadway.

(a)

Proposed access drives shall be designed to provide access to adjoining undeveloped tracts at logical locations for future development and cross access.

(Ord. No. 1995-43, § 31, 12-19-95; Ord. No. 2003-23, § 11, 6-17-03; Ord. No. 2011-27, § 3, 10-25-11; Ord. No. 2012-16, § 4, 12-11-2012)

The review process for site development plans is outlined in section 3, development plan review process, in chapter 3 of this code. Approval of the final site development plans results in the issuance of a development order.

(a)

Site development plan exhibits. The following information and documentation shall be shown on or enclosed with the plans submitted for approval. The plans shall be drawn at the largest scale feasible, based on the size of the project, however in no case shall the scale be smaller than one inch equal to 60 feet.

(1)

Engineering drawings, prepared by an engineer registered in the State of Florida and based on an exact survey of the property, showing all proposed buildings and property improvements, and all required paving, drainage, and utility facilities, and including:

(a)

A composite plan drawing which shows all utility and drainage lines in relationship to each other, and to existing trees and vegetation to be preserved.

(b)

Individual profile sheets for all sanitary sewer lines, showing manholes and pipe crossings.

(c)

Calculations justifying the sizing of utility lines.

(d)

A drainage basin map showing the existing and proposed topography at one-foot contours, and size of drainage basins and the specific flows therein.

(e)

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

(f)

Existing streets, buildings, lot lines, easements, or other improvements and similar details on or adjacent to the development.

(g)

Tabulations verifying compliance with this code in the following areas, including the information described:

(1)

Lot coverage: the area covered by paving, structures, and remaining landscaped areas.

(2)

Residential areas.

(3)

Parking and loading: numbers of spaces by type and size.

(4)

Tree preservation: total number of specimen trees and number preserved, total land area dedicated to tree preservation.

(h)

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

(2)

Landscape plans, prepared in accordance with the requirements of chapter 13 of this code, showing all required buffers and landscaping, and including:

(a)

All trees to be preserved, preservation easements, and tree protection details.

(b)

Irrigation plans.

(3)

Building elevations, prepared in accordance with the requirements of chapter 14 of this code, showing all sides of the proposed building(s), and including materials and colors.

(4)

A construction cost estimate signed and sealed by the engineer of record and/or landscape architect, as appropriate, detailing the tabulation of quantities and costs of any proposed site improvements including landscaping and irrigation but not including buildings or similar structures.

(5)

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

(6)

A tree survey in compliance with subsection 16, chapter 9 of this code.

(7)

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 section 5, chapter 10 of this code.

(b)

Site improvement agreements. If improvements are to be constructed on public property, or within a public right-of-way or easement, a site improvement agreement (SIA) between the property owner/developer and the city is required to guarantee completion. The agreement shall be approved by staff and on a form furnished or currently approved by the city. The executed SIA shall be submitted with the site plan resubmittal, in order to be executed by the mayor and attested by the city clerk prior to issuance of a development order. The guarantee, in a form acceptable to the city, 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 improvements from the time of city acceptance, to be submitted prior to acceptance, in the amount of ten percent of the actual construction cost.

(c)

Unity-of-title agreement. A unity-of-title agreement shall be required for developments on properties consisting of multiple parcels or lots, where the improvements required by this code are spread among the multiple parcels or lots and no one parcel or lot can meet the requirements of this code standing on its own. The agreement shall be approved by staff and on a form furnished or currently approved by the city, and shall be executed by the mayor and attested by the city clerk prior to issuance of a development order.

(Ord. No. 1995-43, §§ 32, 33, 12-19-95; Ord. No. 1999-6, § 13, 2-23-99; Ord. No. 2003-23, § 12, 6-17-03; Ord. No. 2003-24, § 4, 6-17-03; Ord. No. 2010-5, § 1, 3-16-10; Ord. No. 2011-27, § 3, 10-25-11; Ord. No. 2012-16, § 4, 12-11-2012; Ord. No. 2015-12, § 4, 4-21-2015; Ord. No. 2018-21, § 1(Exh. A), 9-4-2018)

(a)

Jurisdiction. Variances to design or technical requirements of this chapter may be granted by the planning commission, and appeals from the decision of the planning commission on such matters shall be heard by the city council. Variances to the standard construction details: paving and drainage, and the standard utility details may be granted by the administrative official subject to subsection (d) of this section. Variances to zoning standards or other requirements that are addressed in other chapters of this code shall be considered under the variance procedure applicable to that chapter.

(b)

Procedure. Application to vary from required improvements or design criteria, such as adopted standard construction details, shall be noted on the application form for site plan review and shall also be prominently noted on the site plans themselves.

(c)

Criteria. The following criteria shall be considered as the basis for the approval of a variance from the requirements of this chapter:

(1)

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

(2)

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

(3)

The granting of the 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.

(d)

Administrative variances to standard construction details. The administrative official may grant an administrative variance to the requirements of the standard construction details: paving and drainage, and the standard utility details for alternative materials, technologies, techniques, or other means which are equivalent to the materials, technologies, techniques, or other means outlined in the standard details.

(Ord. No. 1991-20, 8-27-91; Ord. No. 1995-43, §§ 37, 38, 12-19-95; Ord. No. 2012-16, § 4, 12-11-2012)