This chapter sets forth the application and review procedures required for obtaining development permit approval within the City of Tavares.

For the purpose of this chapter, the terms, phrases, and definitions contained in Chapter 3 shall apply. Words used in the singular shall include the plural, and the plural, the singular. Words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined by the latest edition of Webster's Dictionary.

Development approval must be obtained prior to the development of land within the jurisdictional limits of the City in accordance with and pursuant to one or more of the following permits:

(A)

Annexation

(B)

Comprehensive Plan Amendment

(C)

Rezoning

(D)

Special Use

(E)

Preliminary Subdivision Plan

(F)

Final Plat

(G)

Minor Subdivision

(H)

Lot Split

(I)

Subdivision Construction Plans

(J)

Site Plan

(K)

Minor Site Plan

(L)

Variance

(M)

Vacate

Issuance of a permit authorizes the recipient to commence the activity specified on the permit. The intended use, however, may not be commenced; no building may be occupied; and in the case of subdivisions, no lots may be sold until all requirements of these regulations and all additional requirements pursuant to the issuance of the permit have been complied with.

(A)

Expiration. Certain permits shall expire automatically as specified in sections 4-17 through 4-29 after the issuance of such permits, unless otherwise specified, if:

(1)

The use authorized by such permits has not commenced or application for the next required approval has not been filed, or

(2)

Less than 10 percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development, this requirement shall apply only to the first phase.

(B)

Discontinuance of work. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section 4-16.

(C)

Extension. The permit-issuing authority may extend for a period of 12 months the date when a permit would otherwise expire pursuant to Subsection (A) or (B) if it concludes that the permit recipient has proceeded with due diligence and in good faith, and conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to 12 months upon the same findings. All such extensions may be granted by the City Council without resort to the formal processes and fees required for a new permit.

(D)

Applicability. Notwithstanding any of the provisions of Chapter 7 nonconforming situations, this section shall be applied to permits issued prior to the date this section becomes effective.

Permits authorize the issuance to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

(A)

Authority of permit. No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit, and

(B)

Successors and assigns. The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit for the following:

(1)

All persons having an interest in the property at the time the permit was obtained;

(2)

Persons who subsequently obtain any interest in all or part of the property and wish to use it for purposes other than those for which the permit was originally issued.

(A)

Insignificant deviations. Insignificant deviations from the permit (including approved plans) issued by the City Council, or the administrator are permissible and the administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(B)

Minor design modifications. Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

(C)

Other changes. All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the City Council, new conditions may be imposed in accordance with these regulations, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

(D)

Determination of modification. The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections (A), (B) or (C).

(E)

Request for modifications. A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

(A)

Reasonable requirements of approval. The City Council, when considering a permit for approval, may attach to the permit any reasonable requirements in addition to those specified in these regulations that will ensure that the development:

(1)

Will not endanger the public health or safety;

(2)

Will not injure the value of adjoining or abutting property;

(3)

Will be in harmony with the area in which it is located;

(4)

Will be in conformity with the Comprehensive Plan or any other plans officially adopted by the City Council;

(B)

Condition of duration. The City Council may attach to a permit a condition limiting the permit to a specified duration;

(C)

Conditions entered on permit. All additional conditions or requirements shall be entered on the permit;

(D)

Enforcement. All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this chapter.

(A)

Application required for permitting. Permits are issued under this chapter only after a review of a submitted application and plans indicate that the development activity will comply with the provisions of these Regulations if completed as proposed. Such plans and applications are incorporated into any permit issued, and except as otherwise provided, all development shall occur strictly in accordance with such approved plans and applications.

(B)

Single application for more than one permit. Several permits may be issued under one application and review if the applicant satisfies all necessary submittal information requirements.

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing. Any application withdrawn shall not be reimbursed for application fees paid and shall not be reconsidered for a period of six (6) months from the date of withdrawal. If notices have been sent and placed in a newspaper for advertising, these costs shall be reimbursed to the City by the applicant. All appropriate application fees shall be paid upon reapplication.

(A)

Permits to be complete prior to consideration. All permit applications must be completed before the permit-issuing authority is required to consider the application.

(B)

Additional information may be required. Subject to Table 4-A (presented at the end of this chapter), an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development will comply with all the requirements of these regulations.

(C)

Information needs may vary. The presumption established by this Chapter is that all information set forth in Table 4-A is necessary to satisfy the requirements of this chapter. Each development is unique, however, and the permit-issuing authority may require less or more information to be submitted. An initial determination of what information will be required shall be made at a pre-application conference with the Community Development Director and/or other appropriate City staff.

Recognizing that inordinate delays in acting upon applications may impose unnecessary costs on the applicant, the City shall make every reasonable effort to process permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this Chapter.

(A)

Presentation of complete application. The burden of presenting a complete application to the permit-issuing authority shall be upon the applicant. The application shall, however, be presumed to be complete unless the authority informs the applicant in what way the application is incomplete and offers the applicant an opportunity to complete the application.

(B)

Burden of denial. Once a completed application has been submitted, the burden of presenting evidence to the permit-issuing authority sufficient to lead it to conclude that the application should be denied for any reasons shall be upon the party or parties urging this position, unless the information presented by the applicant in the application or at the hearing is sufficient to deny the application.

(C)

Burden of compliance. The burden of persuasion on the issue of whether the development will comply with the requirements of these regulations remains at all times on the applicant. The burden of persuasion on this issue of whether the application should be turned down for any of the reasons set forth in subsection (B) above rests on the party or parties urging that the requested permit should be denied.

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the City Council, the applicant may agree to modify his application, including plans and specifications submitted.

(A)

Construction in phases. If a development is constructed in phases or stages each phase shall be subject to permitting procedures, as set forth in sections 4-17 through 4-29, as if it were the entire development.

(B)

Master plan. As a prerequisite to taking advantage of the provisions of Subsection 1. [Subsection (A)], the developer shall submit a master development plan that clearly shows the various phases or stages of the proposed development and the requirements of this chapter that will be satisfied with respect to each phase or stage.

(C)

Schedule for completion of improvements. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit.

(A)

Preapplication conference. Prior to submittal of permit application, the applicant is encouraged to schedule a preapplication conference with the Community Development Director and/or other appropriate City staff to discuss the application and development review process and to determine which additional information items will be required in accordance with Table 4-A. No person may rely upon any comment concerning a proposed development, 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.

(B)

Staff Review. City staff shall review each complete application for compliance with the Comprehensive Plan and Land Development Regulations. Staff will provide findings and recommendations to the permit issuing authority relative to compliance with all City regulations.

(C)

Planning and Zoning Board. The Planning and Zoning Board acts as a recommending body to the City Council. City staff shall prepare a statement of findings concerning the application's compliance with the Comprehensive Plan and Land Development Regulations as well as any recommendations for additional requirements. After receiving the application, the Planning and Zoning Board shall report to the City Council whether it concurs in whole or in part with the staff's proposed findings, and if there are differences, the Planning and Zoning Board shall propose its own recommendations and reasons therefore. In response to the recommendations of the Planning and Zoning Board, the applicant may modify his application prior to submission to the City Council.

(D)

Local Planning Agency. The Local Planning Agency acts as a recommending body to the City Council. Generally, City staff shall prepare a statement of findings concerning the application's compliance with the Comprehensive Plan and Land Development Regulations as well as any recommendations for additional requirements. After receiving the application, the Local Planning Agency shall report to the City Council whether it concurs in whole or in part with the staff's and, if applicable, the Planning and Zoning Boards proposed findings, and if there are differences, the Local Planning Agency shall propose its own recommendations and reasons therefore. In response to the recommendations of the Local Planning Agency, the applicant may modify his application prior to submission to the City Council.

(E)

City Council. The City Council shall consider a permit application along with the recommendations of staff, the Planning and Zoning Board and the Local Planning Agency, whichever is applicable, and any evidence presented by the applicant. The City Council shall make a final determination to approve, approve with conditions or deny the application for a permit.

(F)

Review Process. Review of the application and approval of the permit varies depending on the application type. The general process for review and approval of a particular development application is provided in Table 4-B. below. Each process is discussed individually in sections 4-17 through 4-29.

Table 4-B
Permit Application Review Process

Table Definitions: P&Z — Planning and Zoning Board
LPA — Local Planning Agency
CC — City Council

(A)

Pursuant to Florida Statutes. Annexation procedures shall be pursuant to Chapter 171 Florida Statutes.

(B)

Petition for annexation. A petition for an annexation may be proposed by submittal of an application to the Planning, Zoning and Development Department in accordance section 4-11.

(C)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(D)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the annexation to the City Council.

(E)

City Council. The City Council shall hold a public hearing to consider the application, all supporting and evidence, the staff report of findings and the Planning and Zoning Boards recommendations. The City Council shall approve, approve with conditions or deny the application.

(F)

Criteria for evaluation. The criteria used to evaluate a petition to annex be as set forth in Chapter 171, Florida Statutes.

(G)

Approval by Ordinance. Approval of the annexation shall be by ordinance which shall specify the exact nature of the amendment and any modifications thereto. The effective date of the ordinance shall be the date the ordinance is approved unless otherwise specified in the adopting ordinance.

(H)

Denial of petition.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition to annex, the City shall not consider any further petition for the same annexation for a period of six (6) months from the date of that action.

(I)

Expiration of annexation. Once a petition for annexation has been approved by the City Council, the effect of the annexation shall not expire.

(A)

Pursuant to Florida Statutes. Comprehensive Plan amendment procedures shall be pursuant to Chapter 163, Part II Florida Statutes.

(B)

Petition for amendment. A petition for a Comprehensive Plan amendment may be proposed submittal of an application shall be made to the Planning, Zoning and Development Department in accordance section 4-11.

(C)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(D)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the comprehensive plan amendment to the City Council sitting as the Local Planning Agency and the City Council.

(E)

The Local Planning Agency and City Council. The Local Planning Agency and City Council shall hold a public hearing to consider the application, all supporting documentation and evidence, the staff report of findings and the Planning and Zoning Boards recommendations. The City Council sitting as the Local Planning agency shall make recommendation regarding the comprehensive plan amendment to the City Council. The City Council shall approve, approve with conditions or deny the application.

(F)

Criteria for evaluation. The criteria used to evaluate a comprehensive plan amendment shall be as set forth in Chapter 163, Part II, Florida Statuettes.

(G)

Approval by Ordinance. Approval of the Comprehensive Plan amendment shall be by ordinance which shall specify the exact nature of the amendment and any modifications thereto. The effective date of the ordinance shall be the date the ordinance is approved unless otherwise specified in the adopting ordinance.

(H)

Denial of Petition.

(1)

If the City Council/ Local Planning Agency does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition to amend the comprehensive plan, the City shall not consider any further petition for the same amendment for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(H)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(I)

Approval of Petition. Whenever the City Council has taken action to approve a petition to amend the comprehensive plan, the City shall not consider any petition for amending the all or any part of the same amendment for a period of one (1) year from the effective date of the amendatory ordinance.

(J)

Waiver of Time Limits. The time limits of subsections (H) and (I) above may be waived by the City Council when such action is deemed necessary to prevent injustice.

(K)

Expiration of Comprehensive Plan Amendment. Once a petition for a comprehensive plan amendment has been approved by the City Council, the effect of the amendment shall not expire unless otherwise provided in the adopting ordinance.

(A)

Petition for rezoning. A petition for a zoning amendment may be proposed by submittal of an application shall be made to the Planning, Zoning and Development Department in accordance section 4-11.

For rezoning to Planned Development, the application shall include a master development plan depicting the placement, density and intensity of uses, general ingress and egress to the site, and general location of proposed uses and open space areas. It shall also include written documentation providing at a minimum provisions for types of uses, their density and intensity, building heights, landscaping and buffers, utilities, stormwater, vehicular and pedestrian circulation, signage, open space and recreation areas. (Cross Reference Chapter 8)

(B)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(C)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the rezoning to the City Council.

(D)

City Council. The City Council shall hold a public hearing to consider the application, all supporting documentation and evidence, the staff report of findings and the Planning and Zoning Board's recommendations. The City Council shall approve, approve with conditions or modifications or deny the application.

(E)

Criteria for evaluation. The criteria used to evaluate a petition to rezone shall include but not be limited to the following:

(1)

The effect of the amendment on the particular property and on surrounding properties.

(2)

The relationship of the proposed amendment to the purpose of the City's Comprehensive Plan, with appropriate consideration as to whether the proposed amendment will further the purposes of this Chapter and the Comprehensive Plan.

(3)

The need and justification for the amendment.

(F)

Conditions, Limitations or Requirements. No amendment to rezone property shall contain conditions, limitation, or requirements not applicable to all other property in the district to which the particular property is rezoned with the exception of properties rezoned to Planned Development.

(G)

Approval by Ordinance. Approval of the rezoning shall be by ordinance which shall specify the exact nature a of the amendment and any modifications thereto. The effective date of the ordinance shall be the date the ordinance is approved unless otherwise specified in the adopting ordinance.

(H)

Denial of Petition.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition to rezone property, the City shall not consider any further petition for the same rezoning of all or any part of the same property for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(H)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(I)

Approval of Petition. Whenever the City Council has taken action to approve a petition to rezone property, the City shall not consider any petition for rezoning all or any part of the same property for a period of one (1) year from the effective date of the amendatory ordinance.

(J)

Waiver of Time Limits. The time limits of subsections (H) and (I) above may be waived by the City Council when such action is deemed necessary to prevent injustice.

(K)

Expiration of rezoning. Once a petition for a rezoning has been approved by the City Council, the effect of the rezoning shall not expire unless otherwise provided in the adopting ordinance.

(A)

Petition for special use. A petition for a special use may be proposed by submittal of an application to the Planning, Zoning and Development Department in accordance section 4-11.

(B)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(C)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the rezoning to the City Council.

(D)

City Council. The City Council shall hold a public hearing to consider the application, all supporting and evidence, the staff report of findings and the Planning and Zoning Boards recommendations. The City Council shall approve, approve with conditions or modifications or deny the application.

(E)

Criteria for evaluation. The criteria used to evaluate a petition a petition for a special use shall include but not be limited to the following:

(1)

The effect of the proposed special use on the particular property and on surrounding properties.

(2)

The relationship of the special use to the purpose of the City's Comprehensive Plan, with appropriate consideration as to whether the proposed special use will further the purposes of this Chapter and the Comprehensive Plan.

(3)

The need and justification for the proposed special use.

(F)

Conditions, Limitations or Requirements. A special use may be approved subject to specific restrictions, limitations or requirements beyond those generally applicable to a zoning district in order to regulate the impact of such a use on surrounding properties or the community. The sensitive nature of certain special uses requires individual assessment of the location and scale of intensity of the use. Such a use may be appropriate in one location but not in another, even though both sites may have the same zoning, or a use may be appropriate at a more intense scale of development at one location versus another even though both sites may have the same zoning.

(G)

Approval by Resolution. Approval of special use petition shall be by resolution which shall specify the exact nature a of the special use and any conditions, limitations or requirements assigned to the approval thereof. The effective date of the resolution shall be the date the resolution is approved unless otherwise specified in the adopting resolution.

(H)

Denial of Petition.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition for a special use on a particular property, the City shall not consider any further petition for the same special use on all or any part of the same property for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(H)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(I)

Approval of Petition. Whenever the City Council has taken action to approve a petition for a special use on a particular property, the City shall not consider any petition for another special use on all or any part of the same property for a period of one (1) year from the effective date of the amendatory resolution.

(J)

Waiver of Time Limits. The time limits of subsections (H) and (I) above may be waived by the City Council when such action is deemed necessary to prevent injustice.

(K)

Expiration of special use. Once a petition for a special use has been approved by the City Council, the effect of the approval shall not expire unless otherwise provided in the adopting resolution.

(A)

Pursuant to Florida Statutes. Preliminary subdivision plan procedures shall be pursuant to Chapter 177, Florida Statutes.

(B)

Application for preliminary subdivision plan approval. Prior to the approval and recordation of a final plat which effects the subdivision of any commercial, industrial or residential property within the City limits, the developer of such property must submit an application for preliminary subdivision plan approval with the Planning, Zoning and Development Department in accordance section 4-11.

(C)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(D)

City Council. Staff shall prepare a report of findings for presentation at a public hearing by the City Council. The City Council shall consider the application, all supporting documentation and evidence, the staff report of findings and shall approve, approve with conditions or deny the application.

(E)

Approval by affirmative vote. Approval of preliminary subdivision plan shall be by affirmative vote of the Council. The effective date of the approval shall be the date of the public hearing at which the application is considered.

(F)

Denial of application.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Staff recommendations, the application shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny an application for approval of a preliminary subdivision plan on a particular property, the City shall not consider the same application for all or any part of the same property for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(F)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(G)

Notification of approval. Upon approval of the preliminary subdivision plan the Community Development Director shall notify the applicant of such approval, and shall inform the applicant that a subdivision construction plan in accordance with Chapter 16 Subdivision Regulations and section 4-25 shall be submitted prior to development.

(H)

Expiration of approved preliminary subdivision plan. Approved preliminary subdivision plans shall be valid for a period twenty-four (24) months from the date of approval as set forth in Chapter 16 Subdivision Regulations.

(I)

Variance procedures. If a proposed preliminary subdivision contains variances to the land development regulations, a variance application shall be filed concurrently with the preliminary subdivision plan application and both applications shall be processed concurrently. In such case the preliminary subdivision plan application shall be processed in accordance with section 4-28. The time limit of approval for any approved variances shall run concurrently with the time limit of approval for the associated preliminary subdivision plan unless otherwise provided in the adopting resolution.

(A)

Pursuant to Florida Statutes. Final plat procedures shall be pursuant to Chapter 177 Florida Statutes.

(B)

Application for final plat approval. Prior to the approval and recordation of a final plat which effects the subdivision of any commercial, industrial or residential property within the City limits, the developer of such property must submit an application for final plat with the Planning, Zoning and Development Department in accordance section 4-11.

(C)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(D)

City Council. Staff shall prepare a report of findings for presentation at a public hearing by the City Council. The City Council shall consider the application, all supporting documentation and evidence, the staff report of findings and shall approve, approve with conditions or deny the application.

(E)

Approval by affirmative vote. Approval of a final plat shall be by affirmative vote of the City Council. The effective date of the approval shall be the date of the public hearing at which the application is considered, however lots may not be sold, nor building permits issued unless and until the official plat documents are successfully recorded in the public records of Lake County.

(F)

Denial of application.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Staff recommendations, the application shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny an application for approval of a final plat on a particular property, the City shall not consider the same application for all or any part of the same property for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(F)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(G)

Notification of approval. Upon approval of the final plat the Community Development Director shall notify the applicant of such approval, and shall inform the applicant that, upon payment of associated fees, and subject to the submittal and acceptance of associated performance guarantees as discussed in Chapter 16 Subdivision Regulations, subsection 16-7 the plat may be recorded in the Lake County Public Records.

(H)

Expiration of approved final plat. Once a final plat is approved by the City Council and recorded in the Lake County Public Records, the effect of the approval shall not expire.

(A)

Application for minor subdivision approval. Certain subdivisions may qualify as minor subdivisions as provided in Chapter 16 Subdivision Regulations. Subdivisions that qualify as minor subdivisions shall not be required to submit preliminary subdivision plans or subdivision construction plans, but rather may proceed directly with the final plat process.

(B)

Procedures for approval of a minor subdivision shall be in accordance with section 4-22.

(A)

Application for lot split approval. Certain subdivisions may qualify as lot splits as provided in Chapter 16 Subdivision Regulations. Subdivisions that qualify as lot splits shall not be required to submit preliminary subdivision plans, subdivision construction plans, or final plats. An application for a lot split shall be filed with the Planning, Zoning and Development Department in accordance section 4-11.

(B)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(C)

Approval by administration. If the lot split meets all requirements of the land development regulations, the Community Development Director shall administratively approve said lot split.

(D)

Notification of approval. Upon approval of the final plat the Community Development Director shall notify the applicant of such approval, and shall inform the applicant that, upon payment of associated fees, the lot split shall be recorded in the Lake County Public Records.

(E)

Denial of application. If the lot split does not meet the requirements of the land development regulations, the Community Development Director shall deny application. In such case the Community Development Director shall notify the applicant of the reasons for the denial. Upon denial of an application for a lot split approval the applicant has the following options.

(1)

The applicant may withdraw the application subject to section 4-10.

(2)

The applicant may revise the lot split to comply with all applicable regulations and resubmit said lot split for review and approval as provided in subsections (A) through (C) above.

(F)

Expiration of lot split approval. Once a lot split is administratively approved by City staff, and recorded in the Lake County Public Records, the effect of the approval shall not expire.

(G)

Variances. If a proposed lot split contains variances to the land development regulations, a variance application shall be filed concurrently with the lot split application and both applications shall be processed concurrently. In such case the lot split application shall be processed in accordance with section 4-28. The time limit of approval for any approved variances shall run concurrently with the time limit of approval for the associated preliminary subdivision plan unless otherwise provided in the adopting resolution.

(A)

Application for subdivision construction plan approval. Subject to the requirements of Chapter 16, section 16-6(C), and provided preliminary subdivision plan approval has been obtained, application may be made for subdivision construction plan approval. The applicant must file a subdivision construction plan application with the Planning, Zoning and Development Department in accordance section 4-11.

(B)

Procedures for approval of a subdivision construction plan shall be in accordance with section 4-26.

(A)

Application for site plan approval. Prior to the development of any commercial, industrial or multiple-family property within the City limits, the developer of such property must file a site plan application with the Planning, Zoning and Development Department in accordance section 4-11.

(B)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(C)

Approval by administration. Approval of the site plan shall be granted by the Community Development Director provided that the proposed development complies with all City ordinances, regulations, and all other federal, state and local regulations.

Upon approval of the site plan the director shall notify the applicant of such approval, and shall inform the applicant that a site construction permit may be issued for the development subject to the requirements of the site plan as approved.

(D)

Denial of site plan. The Community Development Director shall deny approval of the site plan if the proposed development does not comply with all City ordinances, regulations, and all other federal, state and local regulations. In such case the Community Development Director shall notify the applicant of such action and shall inform the applicant of the reasons for such action. Upon denial of an application for site plan approval the applicant has the following options.

(1)

The applicant may withdraw the application subject to section 4-10.

(2)

The applicant may revise the site plan to comply with all applicable regulations and resubmit said site plan for review and approval as provided in subsections (A) through (C) above.

(3)

If the site plan is denied based on noncompliance with a City regulation, the applicant may request a variance to that regulation(s) as may be permitted in accordance with the governing Chapter and section 4-28. A variance application shall be filed concurrently with the site plan application and both applications shall be processed concurrently. The time limit of approval for any approved variances shall run concurrently with the time limit of approval for the associated site plan.

(E)

Development is in conformity with site plan. Once approved, a site plan shall govern the development of that parcel and said development shall be in strict conformity with the approved site plan.

(F)

Expiration of approved site plans.

(1)

Approved site plans shall be valid for a period of one (1) year from the date of approval of said site plan. A one (1) year extension may be granted by the City Administrator upon written request by the developer.

(2)

Completion of and submittal of a complete building permit for construction of a development as approved in a site plan shall constitute commencement of a project and the site plan shall then remain in effect for the period of existence of the project.

(G)

Dedication of Improvements. All site plan improvements that are to be dedicated to or maintained by the City of Tavares shall be constructed, inspected, approved and dedicated in conformance with sections 4-33 and 4-34.

(A)

Application for minor site plan approval. Prior to the development of a minor site development as defined by this Chapter for any commercial, industrial or multiple-family property within the City limits, the developer of such property must file a minor site plan application with the Planning, Zoning and Development Department in accordance section 4-11.

(B)

Procedures. Procedures for approval of a minor site plan shall be in accordance with section 4-26.

(A)

Petition for variance. A petition for a variance may be proposed by submittal of an application to the Planning, Zoning and Development Department in accordance section 4-11.

(B)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(C)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the variance to the City Council.

(D)

City Council. The City Council shall hold a public hearing to consider the application, all supporting and evidence, the staff report of findings and the Planning and Zoning Boards recommendations. The City Council shall approve, approve with conditions or modifications or deny the application.

(E)

Conditions for Authorization of a Variance. In order to authorize any variance from the terms and conditions of the Land Development Regulations, the City Council must and shall find:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; and

(2)

That the special conditions and circumstances do not result from the actions of the applicant; and

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, buildings, or structures in the same zoning district; and

(4)

That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; and

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; and

(6)

That the grant of the variance will be in harmony with the general intent and purpose of the Land Development Regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(F)

Prescription of Appropriate Conditions. In granting any variance, the City Council may prescribe appropriate conditions, restrictions and limitations beyond those generally applicable to a zoning district in order to regulate the impact of a proposed variance on surrounding properties or the community. Violation of those conditions, restrictions and limitations, when made a part of the terms under which the variance is granted, shall be deemed a violation of these Land Development Regulations.

(G)

Certain Variances Prohibited. Under no circumstances shall the City Council grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of Chapter 8 in that district.

(H)

Inappropriate Grounds for Issuance of a Variance. Nonconforming uses of neighboring lands, structures, or buildings in the same district, and permitted uses of lands, structures, or buildings in other districts, shall not be considered grounds for the issuance of a variance.

(I)

Approval by Resolution. Approval of a variance shall be by resolution which shall specify the exact nature a of the variance and any conditions, limitations or requirements assigned to the approval thereof. The effective date of the resolution shall be the date the resolution is approved unless otherwise specified in the adopting resolution.

(J)

Denial of Petition.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition for a variance to any particular land development regulation on a particular property, the City shall not consider any further petition for the same variance on all or any part of the same property for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(J)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(K)

Approval of Petition. Whenever the City Council has taken action to approve a petition for a variance to a particular land development regulation on a particular property, the City shall not consider any petition for another variance to the same particular land development regulation on all or any part of the same property for a period of one (1) year from the effective date of the amendatory resolution.

(L)

Waiver of Time Limits. The time limits of subsections (J) and (K) above may be waived by the City Council when such action is deemed necessary to prevent injustice.

(M)

Expiration of variance.

(1)

Every Variance approved by the City Council shall expire and become null and void if the development authorized by the variance is not commenced within one (1) year from the date of the City Council's approval. A one (1) year extension may be granted by the City Administrator or his designee upon written request by the developer provided the conditions upon which the variance was approved have remained substantially unchanged since the date of approval. If conditions are determined to be changed to such a degree as to warrant denial of the extension, the applicant may appeal the denial to the City Council.

(2)

Completion of and submittal of a complete building permit for construction of a development incorporating the variance shall constitute commencement of the project and the variance shall then remain in effect for the period of existence of the project.

(3)

If the variance is in association with the approval of an associated application such as a site plan application, the time limit for approval of the variance shall be concurrent with the time limit for approval of the associated application.

(A)

Pursuant to Florida Statutes. Vacate procedures shall be pursuant to Chapter 177, Florida Statutes.

(B)

Petition for vacate. A petition for a vacate of a plat, easement or right-of-way may be proposed by submittal of an application to the Planning, Zoning and Development Department in accordance section 4-11.

(C)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(D)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the vacate to the City Council.

(E)

City Council. The City Council shall hold a public hearing to consider the application, all supporting and evidence, the staff report of findings and the Planning and Zoning Boards recommendations. The City Council shall approve, approve with conditions or modifications or deny the application.

(F)

Criteria for approval of a vacate. In order to authorize a vacate of any plat, easement or right-of-way, the City Council must and shall find:

(1)

The proposed vacate conforms to the comprehensive plan and land development regulations.

(2)

Owners of adjacent property shall not be negatively impacted by the vacation

(3)

The City or other governmental body or service provider does not have necessity to maintain the plat, easement or right-of-way for continuance of a public benefit.

(G)

Approval by Resolution. Approval of a vacate shall be by resolution which shall specify the exact nature a of the vacate and any conditions, limitations or requirements assigned to the approval thereof. The effective date of the resolution shall be the date the resolution is approved unless otherwise specified in the adopting resolution.

(H)

Denial of Petition.

(1)

If the City Council does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition for a vacate, the City shall not consider any further petition for the same vacate on all or any part of the same property for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(H)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(I)

Expiration of vacate. Once a petition for vacate of a plat, easement or right-of-way has been approved by the City Council, the effect of the vacate shall not expire.

All subdivisions and site plans within the City of Tavares shall be designed and improved in accordance with the standards provided in these Land Development Regulations and the City of Tavares Construction Specifications Manual. The design of required improvements thereof are shall be addressed as part of the submittal of a site plan or subdivision construction plan. Improvements shall include but not be limited to the following:

(A)

Easements. Easements of at least ten feet (10') in width may be required on each side of all rear lot lines and along said lot lines, where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water, or other mains, and construction easements shall be provided where necessary. Easements of greater width may be required along or across lots where necessary for the extension of main sewers of other utilities or where both water and sewer lines are located in the same easement.

(B)

Blocks.

(1)

Block length. Blocks, except waterfront blocks, shall not exceed one thousand two hundred feet (1,200') in length in residential districts. Blocks in commercial districts shall not exceed eight hundred feet (800') in length, except that planned shopping centers may be approved by the City Administrator or designee with blocks exceeding eight hundred feet (800') in length.

(2)

Planned shopping centers. Plats with reference to planned shopping centers should be accompanied by a schematic layout, indicating the proposed provision for off-street parking areas, service areas, service alleys and entrances to public thoroughfares, in order that the planning board may properly evaluate the proposed plat.

(3)

Courts and cul-de-sacs. Where a tract of land is of such size or location as to prevent a lot arrangement directly related to a normal street design, there may be established one (1) or more courts, dead-end streets, or other arrangements; provided, however, that proper access shall be given to all lots from a dedicated street or court. A dead-end street (cul-de-sac) shall terminate in an open space (preferably circular) having a minimum radius of sixty (60') feet. A dead-end street (cul-de-sac) shall not exceed six hundred (600') feet in length.

(C)

Lots.

(1)

Conformance with zoning regulations. The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development. No lot shall have an area or width less than that required by any zoning ordinance.

(2)

Access. Each lot, except as identified below shall have a minimum distance of thirty-five (35) feet abutting a dedicated maintained road right-of-way.

(3)

Lot lines. All sidelines of lots shall be at right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout.

(4)

Double frontage or through lots. Double frontage or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. Along the rear of all double frontage lots there shall be a ten-foot planting easement across which there shall be no vehicular access.

(5)

Corner lots. In residential districts only, corner lots shall be at least fifteen (15%) percent greater in width than the minimum required for each zoning district established in the Zoning Regulations. However, where the minimum width established in the Zoning Regulations exceeds one hundred (100') feet, no additional width shall be required. Corner lots in residential districts which abut arterial or collector streets shall have a minimum depth of one hundred and twenty-five (125') feet.

(6)

Flag lots. Due to access and safety concerns, the use of flag type lots will be discouraged. No more than two flag lots extensions should be located adjacent to each other. The minimum lot width for the narrow extension of the lot to the right-of-way shall be twenty (20) feet. The extension is for access only. The body of the flag shall meet all zoning requirements as to setbacks, lot area and lot width.

(D)

Building Lines. Building lines shall be in accordance with the zoning ordinance of the City and the requirements of the classification under which the property is located.

(E)

Parks, School Sites, etc. For residential subdivisions, the subdivider shall confer with the City Administrator or designee in order that consideration may be given to suitable sites for schools, parks, playgrounds, and other common areas for public use as shown on the adopted Comprehensive Plan of the City and as set forth in Chapter 16 Subdivision Regulations.

(F)

Streets and sidewalks.

(1)

Design requirements. Streets and sidewalks shall be designed in accordance with Chapter 19. The minimum specifications for the preparation and construction of streets and street rights-of-way shall be in accordance with the City of Tavares Construction Specifications Manual.

(2)

Private streets. All private streets shall be designed to meet the minimum City standards in accordance with Chapter 19. Where private streets are utilized it must be recorded on the plat, and in the deed restrictions that streets shall be maintained by the property owners and are not the responsibility of, nor will they become the responsibility of the City until or unless the streets meet all of the requirements, standards and specifications of the City's streets and subdivision regulations.

(3)

Arrangement of streets. The arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining areas, or their proper projection where adjoining land is not subdivided, insofar as they may be deemed necessary by the City Administrator or designee for public requirements.

(4)

Sidewalks. The developer shall be required to install sidewalks along both sides of all arterial and collector street, as defined by Chapter 19, and along all other streets provided for in Chapter 19. If any damage from installation, defects, or heavy equipment occurs during development and manifests itself within one (1) year from the date of acceptance by the City, the defects shall be remedied by the developer at the developer's expense.

(G)

Waterlines.

(1)

Requirements. Each lot within the subdivision area shall be provided with a connection to an approved public water supply. The developer shall install a water distribution system at his own expense which shall become the property of the City upon the acceptance of the final plat. The water supply system shall meet or exceed the requirements set forth in Chapter 17 and the City of Tavares Construction Specifications Manual.

(2)

Main line specifications. All water installations, mains, fireplugs and connections shall be installed according to the specifications of the City. Water mains that serve any area must be of size designated by the City to ensure adequate pressures and quantities. No main shall be installed that has an inside diameter less than six (6) inches unless approved by the City Administrator or designee.

(3)

Inspection and approval. Before facilities are finally accepted by the City, they must be inspected and approval given by the City as to construction, and any deviation or improper construction must be corrected or replaced before facilities can be used or final approval granted. Inspections must be made before any trench may be completely filled. The improvements must also comply with all requirements and regulations of the State Board of Health and the Department of Environmental Protection, and the developer shall, at his own expense, obtain approval from these agencies prior to final approval of the City.

(H)

Sanitary Sewers.

(1)

Requirements. Each lot within the subdivision area shall be provided with a connection to an adequate public sanitary sewer. All connections and the subdivision sewer system shall comply with the regulations of the State Board of Health and the Chapter 17 and the City of Tavares Construction Specifications Manual standards and shall be installed under the direction and supervision of and subject to the inspection and approval of the City Administrator or designee. If any defects shall occur in the sanitary sewer system or facilities within one (1) year from the date of acceptance by the City, such defects shall be remedied and corrected at the developer's expense.

(2)

Septic tanks. No septic tanks will be allowed in subdivisions subject to availability of public sanitary sewer service as determined by the City's Public Works Director.

(I)

Drainage. All necessary facilities, either underground pipe, drainage wells, canals or drainage ditches, shall be installed in accordance with Chapter 15 and the City of Tavares Construction Specifications Manual and subject to approval of the City Administrator or his designee so as to provide adequate disposal of surface water and to maintain any natural watercourses. Development including structures, roads and other permanent additions or changes to the landscape shall not adversely affect the natural surface flow of water or substantially reduce the recharge capabilities of the groundwater system.

(J)

Underground Utilities.

(1)

Underground installation. All Utilities, including but not limited to, those of franchised utilities, electric power, telephone, cable television, water, wastewater, and gas, shall be constructed and installed below ground. The City Public Works Director will consider specific proposals for aboveground service. It shall be the developer's responsibility to make the necessary arrangements with each utility in accordance with the utility's established policies. The underground installation of incidental appurtenances such as transformer boxes, pedestal mounted terminal boxes for electric, or similar service hardware necessary for the provision of electric and communication utilities shall not be required.

(2)

Individual electric service. In all cases, property being subdivided shall have permanent electrical service available to each lot within the subdivision. A letter of availability from the utility company shall be submitted.

(3)

Central water and sewer service. For those developments which are within the utility service area, central water and sewer service (or dry lines if not available) will be required for each lot in the subdivision.

(4)

Reclaimed water. For those developments which are within the designated reclaimed water service area, reclaimed water lines (or dry lines if not available) will be required for each lot in the subdivision.

(K)

Fire Protection. Fireplug location specifications. In both residential areas and commercial areas, every lot shall have a fireplug within five hundred (500) feet. To assist in locating the fireplug, a blue raised reflector shall be placed in the center of the street at a right angle to the plug.

(L)

Streetlights. The City Administrator or designee, in his/her discretion, may require the developer, at his own expense, to install street lighting consistent with City standards and specifications.

(M)

Conservation Easements. All conservation areas shall be shown on the plat or site plan as a separate tract or as an easement which extends over affected portions of a lot and shall be noted as a "Conservation Easement" or "Conservation Tract." Provisions are to be noted on the plats delineating ownership of the conservation areas.

(N)

Buffers and Landscaping. All development shall provide buffers and landscaping adjacent to abutting roads and adjacent land uses in accordance with Chapter 11.

The recipient of any permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, drainage areas and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

As provided below, all facilities and improvements with respect to which the owner makes an offer of dedication to public use, shall be maintained by the owner until such offer of dedication is formally accepted by action of the City Council.

(A)

Notification. Inspections during construction shall be as specified by the City and it shall be the responsibility of the developer or his contractor to notify the City Public Works Director and arrange for these inspections.

(B)

Certification. Required tests specified in this Chapter shall be performed by a competent engineering testing laboratory acceptable to the City Public Works Director. This testing laboratory shall have a Florida registered engineer on staff in order to certify the correctness of all work submitted. The developer shall provide and pay for the necessary certificate.

(C)

Construction inspection. At the outset of construction, and upon completion of the following construction stages, the contractor shall notify the City Public Works Director. An inspector will make a physical inspection at each of the stages of construction listed below:

(1)

Clearing and grubbing

(2)

Utility systems

(3)

Storm drainage

(4)

Removal of unsuitable material

(5)

Stabilization of subgrade

(6)

Underdrains

(7)

Curb and gutter and backfill

(8)

Inlets, box culverts, and all other concrete structures, when steel is in place prior to pouring

(9)

Base course, during construction or mixing

(10)

Finishing base course, prior to paving

(11)

Wearing surface, during application

(12)

Cleanup and dressing of right-of-way limits

(13)

Sodding and/or seeding

(14)

Street name signs, and traffic control signs

(16)

Pavement marking

(17)

Final inspection

A report, listing deficiencies, will be given to the contractor, who shall make the necessary corrections prior to approval and recommendation for initial acceptance by the City. Nothing herein shall be construed to limit the City's inspection activities.

(D)

Notice. The developer or his contractor shall provide notice of the completion of each stage. The City Public Works Director shall furnish an inspector at the site, within a reasonable length of time, during normal work days. The developer or his contractor may proceed at risk, from stage to stage, prior to inspection by the City. However, nothing herein shall be construed to limit the developer's or his contractor's responsibility to undertake corrective action if any work is determined not to be in compliance with requirements of this Code.

(E)

Compliance and responsibility. The purpose of these inspections is to ensure compliance with the approved plat or site plan and to determine whether or not the roads, storm drainage, utilities, and other required improvements being constructed, qualify for acceptance by the City. By virtue of these inspections, the City of Tavares accepts no responsibility or liability for the work, or for any contractual conditions involving acceptance, payment, or guarantees between the various contractors and the developer. The City assumes no responsibility or commitment guaranteeing acceptance of the work, or for subsequent failure, by virtue of these stage inspections. However, if any aspect of the work being performed does not comply with acceptable standards, corrections will be required by the as a condition for City acceptance. All required improvements shall be installed, and have the approval of the City Public Works Director prior to acceptance.

(F)

Private facilities. Inspections and verifications of private streets and drainage facilities shall be conducted in the same fashion as facilities in public subdivision. The results shall be submitted to the City Public Works Director for review and verification.

(G)

Completion of installation of required improvements. Upon completion of the above inspections and prior to final inspection, the following must be provided to the City Public Works Director and/or other appropriate City departments.

(1)

Test results as required;

(2)

Maintenance bond for facilities to be conveyed to the City;

(3)

As-built survey drawings shall be submitted to the City Public Works Director, after final inspections and prior to acceptance for water, wastewater and drainage systems, both on and off site. These drawings shall be based upon field surveys, and will show all boundary, rights-of-way, easement and lot lines, and shall be certified by a registered professional surveyor as may be permitted by Florida State Statute, and shall include the following information listed below:

(a)

Location and top and invert elevations of all lift stations and location of all valves, and point at which the force main crosses any wastewater or drainage lines.

(b)

Location, size and invert elevation of all stormwater structures.

(c)

Location and elevation of all control structures.

(d)

Spot elevations, at one-hundred foot intervals and low points, along the top of the berm and sufficient bottom elevations to show conformance to design, of all retention/detention ponds.

(e)

Spot elevation at all point of vertical intersections (PVI) of center lane of roadway.

Upon satisfactory completion of the installation of required improvements, a certificate of completion shall be signed by the project engineer.

(H)

Final inspection. Approximately sixty (60) days prior to the expiration of the maintenance period, the City Public Works Director shall conduct a final inspection. Prior to release of the maintenance bond, the developer will be required to correct any maintenance problems and repair deficiencies which may have manifested themselves during the maintenance period. Any maintenance problems and repair deficiencies which may have manifested themselves during the maintenance period shall be corrected by the owner.

Acceptance of the dedicated public improvements shall occur after the required improvements have been installed, and the design engineer has certified to the City that all such improvements have been constructed according to the approved plans and specifications.

(A)

Testing. The City Administrator or designee, in his discretion, may require the developer to have testing or laboratory services performed prior to acceptance of said infrastructure. The expense of such testing or laboratory services shall be the responsibility of the developer.

(B)

As built drawings. The subdivider shall be required to submit "as built" drawings by the design engineer for all such required improvements.

(C)

Maintenance bond.

(1)

The subdivider shall submit a maintenance bond equal to twenty percent (20%) of the cost of the subdivision improvements, in a form acceptable to the City Attorney, guaranteeing all required improvements for a period of two (2) years from the date of their acceptance.

(2)

Prior to the end of the maintenance bond period, the improvements shall be inspected by the City Engineer or his designee. If the improvements after this time are still in conformance with the City's regulations, the bond may be released and final acceptance by the City will occur. If the improvements contain any defects, the bond will guarantee that any defects shall be corrected by the developer prior to final acceptance.

(3)

During the maintenance period, the developer will be expected to provide any maintenance required, at no cost to the City. This includes, but is not limited to:

(a)

Repair and replacement of any system component, failed section of paving.

(b)

Control of erosion, replacement of sod, removal of soil washed onto the pavement or into the drainage system.

(4)

Upon correction of all deficiencies and at the end of the required warranty period, the maintenance bond will expire.

(A)

Authority of permit. A Preliminary Site Work permit allows the general removal of trees, clearing and grading of undeveloped land prior to final approval of the associated site plan, development plan or building plan. This permit shall be limited to clearing and grading within the staked out building site, driveway aisles and parking areas.

(B)

Approval Criteria. Approval of a preliminary site work permit may be obtained by the City Administrator or his designee subject to the following:

(1)

A complete application for site plan, minor site plan or subdivision construction approval shall be submitted in compliance with section 4-11;

(2)

The application shall be found to be in compliance with all applicable City, State and County regulations;

(3)

Any permits relating to stormwater requirements shall be obtained and submitted to the Community Development Director;

(4)

All trees designated to be protected from removal shall have a protection barrier erected at the drip line;

(5)

Building site, parking and driveway areas have been staked out;

(6)

A means of erosion control, run-off filtration, protection of environmentally sensitive areas, and protection of trees shall be demonstrated.

(C)

Issuance of permit. This permit shall be issued only after an authorized representative of the City has inspected the site to verify that no unauthorized clearing has taken place, and to ascertain compliance with section (B) above. Modification of the plan may be required in order to enhance tree preservation on the site.

(A)

Right-of-way (ROW) permits required. ROW permits are required for the following types of construction activity within the City of Tavares ROW. A single permit may be issued for all work. Typically the following activities must secure a permit:

(1)

Road construction.

(2)

Drainage improvements.

(3)

Driveway connections.

(4)

Sidewalk construction.

(5)

Utilities Installation.

(B)

General guidelines.

(1)

All subsurface utilities must provide a minimum of 36 inches of cover unless otherwise approved by the administrator.

(2)

No open cuts in pavement are allowed without permission of the City Administrator.

(3)

All earthwork within six (6) feet of a roadway must be compacted in accordance with requirements of the Public Works Director.

(4)

All work beyond six (6) feet of a roadway must be compacted to the satisfaction of the administrator.

(5)

All concrete sidewalk and driveway construction shall be performed on compacted subgrade. Applicant must provide continuous one-site supervision until concrete has set sufficiently to eliminate the possibility of footprints or graffiti in the finish. Concrete that is damaged by severe marks shall be removed and replaced.

(6)

Bore and jack operations beneath the pavement and approved pavement cuts must be performed in the presence of an authorized City representative. Twenty-four (24) hour notice is required.

(7)

All utility companies must be notified prior to excavation within an existing ROW.

(C)

Submittal Requirements. ROW permit applications shall include at least the following information:

(1)

Name, address, and telephone number of the applicant, owner and contractor.

(2)

Date.

(3)

Precise description of the work proposed.

(4)

Location of the work.

(5)

Special conditions.

(6)

Expected starting and completion dates.

(7)

Any additional information deemed necessary by the administrator.

(8)

Expected starting and completion date.

(9)

A maintenance of traffic plan if deemed necessary by the Public Works Director.

(10)

Profile and cross-section required for all projects involving excavation.

(11)

Insurance certificate unless waived by the City Administrator.

(12)

Any additional information deemed necessary to approve the permit.

(D)

Inspections required. Inspections with 24 hours notice are required before, during, and at the end of construction.

(E)

Prohibitions.

(1)

Construction of substantial structures such as walls, within the City ROW is prohibited.

(2)

No private sign is permitted in the City ROW.

(3)

No required parking pursuant to required off-street parking requirements (Chapter 20).

(4)

No more than 35% of the right of way not part of the street may be impervious surface.

(F)

Time Limit. Work must be completed by the completion date indicated on the application. Work that is not completed by that date may be subject to a stop work order, reapplication, additional fee, or other remedy as may be required by City Council.

(G)

Restoration. No person shall use City ROW or easement for any purpose required by this section without first obtaining a permit. In the event that the City rights-of-way or easements are used and/or construction takes place without a permit, the person shall remove any constructed facility, restore the area to its original condition and cease any non-permitted use, upon written notice of the permit-issuing authority.

(H)

Utility Installation, Maintenance and Repair by Franchised Utilities. Utilities operating in accordance with a valid City franchise shall comply with Section 4-36(B) in installing, maintaining and repairing any facilities authorized under the franchise. The franchised utility shall provide 5 work days advance notice to the City Engineer of its intent to install underground utility lines in the City ROW within the franchise area and 48 hours notice for City utilities locations before maintaining or repairing utility lines or facilities in the City ROW. In the case of emergencies, notice shall be filed as soon as practicable thereafter. The notice shall clearly identify the locations of the installation.

(A)

Application required. Application for a sign permit shall be made, prior to the erection of any sign, by the owner of the premises where the sign is to be located, or his agent, on a form provided by the City.

(B)

Submittal requirements.

(1)

Site plan. A site plan drawn to an appropriate scale shall be required for the issuance of any sign permit. The site plan shall illustrate the proposed location of the sign on the property and building as well as location and size of all other existing signage on the property.

(2)

Construction drawings. Before a permit shall be granted for the construction of a sign, the erector shall submit a construction drawing containing the area dimensions, height and necessary information to enable the Building Official to determine that such sign meets all the requirements of the Florida Building Code and all other applicable codes adopted by the City. All signs shall be designed to withstand wind pressure as specified in section 1609 of the Florida Building Code.

(a)

Every ground sign shall provide rigid construction to withstand wind action from any direction.

(b)

Portable sign frames may not be used for permanent ground signs.

(c)

Whenever anchors or supports consist of wood embedded in the soil, the wood shall be pressure treated with an approved preservative.

(A)

Application required. Application for a tent permit shall be made, prior to the erection of any tent greater in size than ten feet by ten feet (10' × 10'), by the owner of the premises where the tent is to be located, or his agent, on a form provided by the City.

(B)

Submittal requirements.

(1)

Name and business address of the applicant.

(2)

A statement of the proposed use for which the tent permit is sought.

(3)

Site plan. A site plan drawn to an appropriate scale shall be required for the issuance of any tent permit. The site plan shall illustrate the proposed location of the tent on the property and proposed setbacks to the property line, ingress and egress to the tent site, as well as all other existing buildings or structures on the property.

(4)

Certificate of flame resistance. A certificate of flame resistance by the manufacturer of the tent must be submitted prior to permit issuance.

(5)

Method of anchoring. Before a permit shall be granted for a tent, the erector shall submit a design containing the area dimensions, height and necessary information to enable the Building Official to determine that such tent meets the requirements of the Florida Building Code and all other applicable codes adopted by the City.

(A)

Application required. Application for a temporary sale shall be made, prior to the onset of any sale, by the owner of the premises where the sale is to be located, or his agent, on a form provided by the City.

(B)

Submittal requirements.

(1)

Name and business address of the applicant.

(2)

Specific location of activities for which permit sought.

(3)

A statement of the type of merchandise to be sold, the duration sale.

(4)

Site plan. A site plan drawn to an appropriate scale shall be required for the issuance of any temporary sale permit. The site plan shall illustrate the proposed location of the sale area, any the physical location of any structure, vehicle, tent or apparatus sought to be used in conjunction with the permitted activities, including proposed setbacks to the property line, ingress and egress to the site, all temporary signage and lighting, as well as all other existing buildings or structures located on the property.

(C)

Additional considerations. Further, no permit shall be issued hereunder for the requested use unless the applicant reasonable establishes that the following concerns have been addressed:

(1)

Traffic control;

(2)

Sanitation and litter control;

(3)

Restroom facilities;

(4)

Parking;

(5)

Crowd control;

(6)

Liability insurance; and

(7)

Signage.

(D)

Occupational license. A temporary occupational license shall be required prior to issuance of a temporary sales permit.

(A)

Application required. Subject to Chapter 11, an application for tree removal shall be filed prior to removal of any tree unless exempt from these requirements as set forth in Chapter 11.

(B)

Submittal requirements per development type. Application for a tree permit shall be submitted as follows:

(1)

All new subdivisions shall be required to address tree removal and preservation during the preliminary subdivision plan and construction plan process so that due consideration may be given to protection of trees during the site design process. Approval of the subdivision construction plan shall constitute approval of the tree removal permit.

(2)

Any commercial, industrial, multi-family, or other use, requiring site plan approval under the City of Tavares Land Development Regulations, shall be required to address tree removal and preservation during the site plan approval process so that due consideration may be given to protection of trees during the site design process. Approval of the site plan shall constitute approval of the tree removal permit.

(3)

All new single family and duplex dwelling units shall be required to submit an application for a tree removal permit at the time of application for a building permit.

(4)

Existing development shall be required to submit an application for tree removal prior to removal of said tree.

(C)

Additional information required. Upon request, the Community Development Director may require additional information to evaluate the tree removal permit application. Such additional information may include but not be limited to:

(1)

A site plan or plot plan indicating the following:

(a)

Property boundaries and all structures contained therein.

(b)

A tree inventory consisting of all trees which are six inches (6") DBH or greater. All trees proposed for removal shall be so indicated.

(2)

The reason for the proposed removal of the tree(s).

(3)

Appropriate permit fee as set by resolution of the City Council except that no fee shall be charged for the removal of trees existing on lots upon which one or more single family or duplex dwellings exist.

(D)

Issuance of a Tree Removal Permit. The Planning, Zoning and Development Department shall issue a tree removal permit provided removal of said tree meets the criteria for removal as set forth in Chapter 11.

(1)

Identification of trees to be removed. The tree removal permit, when issued, shall specifically identify which trees shall be permitted to be removed.

(2)

Expiration. A tree removal permit shall automatically expire six (6) months after issuance but may, upon request by the owner, be extended for one (1) additional six (6) month period. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application.

(3)

Authorization of voluntary removal only. Tree removal permits merely authorize the removal of the trees specified therein. Nothing in these regulations shall be construed to require the removal of such trees by the permittee.

(A)

Filing of an appeal. An appeal from any final order or decision of the administrator or the Planning and Zoning Board may be taken to the City Council by any person aggrieved. An appeal is taken by filing with the administrator and the City Council written notice of appeal specifying the grounds therefore. A notice of appeal shall be considered filed with the administrator and the Planning and Zoning Board when delivered to the City, and the date and time of filing shall be entered on the notice.

(B)

Timeliness. An appeal must be taken within 30 days after the date of the decision or order appealed from, unless otherwise specified in these regulations.

(C)

Transmittal of case record. Whenever an appeal is filed, the administrator shall forthwith transmit to the City Council all the papers constituting the record relating to the action appealed from.

(D)

Stay of action. An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision appealed from, unless the administrator certifies to the City Council that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the City Council or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrator.

(E)

Action of City Council. The City Council may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers of the officer from whom the appeal is taken.

The City Council shall hear and decide all appeals as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Section 4-41(A) in the necessary information to make sound decisions.

(A)

Administration responsibilities. When an appeal is taken to the City Council in accordance with Section 4-41(A), the administrator shall have the initial burden of presenting to the Council sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

(B)

Applicant responsibilities. The burden of presenting evidence sufficient to allow the City Council to reach conclusions set forth in Section 4-41(B), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

Anything contained in any of the codes adopted in this Division notwithstanding, any appeal of a decision by the official charged with the responsibility of administration and enforcement under any of these codes (the Florida Building Code, the Florida Plumbing Code, the Florida Fire Prevention Code, the Florida Gas Code, the Florida Mechanical Code, the Florida Existing Buildings Code, the Standard Unsafe Building Abatement Code, the Florida Residential Code, and the Standard Amusement Device Code) shall be directed to the Board of Adjustment, which is comprised of the City Council for the City of Tavares, Florida. The City Council shall serve this function and any requirements in any of the codes adopted in this chapter regarding the composition of the Board of Adjustment shall not apply and are hereby specifically rendered inapplicable to appeals under those codes within the City of Tavares. Any appeal must be filed within thirty (30) days of the date on which the official renders the decision to be appealed, and shall be initiated by submitting a written request to the city manager, specifying the official who made the decision, the nature of the decision to be appealed, the date on which it was rendered, and the grounds on which it is being appealed. The city administrator shall then schedule a hearing before the Board of Adjustment, at which hearing the appellant shall present arguments in favor of his position and the official shall have the opportunity to present his position on the issue. The Board of Adjustment shall then render its decision on the appeal. If the appellant is dissatisfied with the decision of the Board of Adjustment, and wishes to pursue further appeals, the appellant must file a notice of appeal with the circuit court in and for Lake County, Florida, within thirty (30) days of the date of the meeting at which the Board of Adjustment heard and decided the case.

The administrator shall give notice of any hearing required as follows:

(A)

Notice in newspaper. At least ten (10) days in advance of the public hearing, a notice shall be published in a newspaper of general circulation. Said notice shall state the date, time, place to be held, and the nature of the matter to be considered at said hearing before the City Council. Staff will determine the names and number of property owners within 300 feet for rezoning and special use request and 150 feet for variance request and collect current certified mailing fees from the applicant.

(B)

Notice of nearby property owners. The owners of all property lying within three hundred (300) feet or one hundred fifty (150) feet depending on the request, surrounding the outside perimeter of the subject property shall be notified by mail of the matter to be considered at said hearing, before the City Council.

(C)

Posting of site. The applicant shall post one (1) sign on the subject property that contains the general notice of public hearing message, the phone number to obtain hearing information, the Tavares website address, and the QR code for information access with a mobile device. The sign shall be posted in such a way that the notice is visible from the right-of-way or in a place conspicuous to the passing public ten (10) days prior to the scheduled Planning and Zoning Board meeting. The sign may be provided by the City and shall be two (2) square feet, metal framed, and include attached information tubes. Signs to be posted shall contain the following language and a QR code for access from a mobile device:

(D)

Voluntary annexation notice requirements. Voluntary annexation notice requirements are as follows:

At least once (1) a week for two consecutive weeks prior to the City Council final action, a notice shall be published in a newspaper of general circulation. Said notice shall give the ordinance number and a brief general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description for said property may be obtained from the office of the City Clerk. Said notice shall state the date, time, and place the public hearing is to be held.

It is the intent of the City of Tavares to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in the Public Rights-of-Way within the City of Tavares; adopting and administering reasonable rules and regulations consistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended, the City of Tavares' home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights-of-Way by all Communications Services Providers; and minimizing disruption to the Public Rights-of-Way. In regulating its Public Rights-of-Way, the City of Tavares shall be governed by and shall comply with all applicable Federal and State laws.

For purposes of these Regulations, the following terms, phrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined shall be construed to mean the common and ordinary meaning.

"Abandonment" shall mean the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights-of-Way.

"City" shall mean the City of Tavares, Florida.

"Communications Services" shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of these Regulations "cable service," as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definition of "Communications Services," and cable service providers may be subject to other ordinances and regulations of the City of Tavares.

"Communications Services Provider" shall mean any Person including a municipality or county providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights-of-Way. Communications Services Provider" shall also include any Person including a municipality or county that places or maintains a Communications Facility in Public Rights-of-Way but does not provide Communications Services.

"Communications Facility" or "Facility" or "System" shall mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holds, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights-of-Way of the City of Tavares and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services.

"FCC" shall mean the Federal Communications Commission.

"In Public Rights-of-Way" or "in the Public Rights-of-Way" shall mean in, on, over, under or across the Public Rights-of-Way.

"Ordinance" shall mean the Ordinance adopting these Regulations.

"Person" shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the City of Tavares to the extent the City of Tavares acts as a Communications Services Provider.

"Place or maintain" or "placement or maintenance" or "placing or maintaining" shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights-of-Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A Person providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the Public Rights-of-Way does not constitute "placing or maintaining" Facilities in the Public Rights-of-Way.

"Public Rights-of-Way" shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel or alley for which the City of Tavares is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights-of-Way" shall not include private property. "Public Rights-of-Way" shall not include any real or personal City of Tavares property except as described above and shall not include City of Tavares buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights-of-Way. Use of public utility easements shall be subject to the provisions of the easement agreement.

"Registrant" shall mean a Communications Services Provider that has Registered with the City of Tavares in accordance with the provisions of these Regulations.

"Registration" or "Register" shall mean the process described in these Regulations whereby a Communications Services Provider provides certain information to the City of Tavares.

"Regulations" shall mean these Regulations unless otherwise stated.

"Wireless Facility" shall mean any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, and other equipment placed or maintained or to be placed or maintained in the Public Rights-of-Way of the City of Tavares and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services through radio frequency transmission or other wireless means of transmitting or receiving.

"Vertical Structure" shall mean any permanent or temporary building, pole or other structure regardless of the type of construction material.

(A)

A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City of Tavares shall first register with the City of Tavares in accordance with these Regulations. Subject to the terms and conditions prescribed in these Regulations, a Registrant may place or maintain a Communications Facility in Public Rights-of-Way.

(B)

A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights-of-Way. Registration under these Regulations governs only the placement or maintenance of Communications Facilities in Public Rights-of-Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights-of-Way of facilities that are not Communications Facilities. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the City of Tavares' or another Person's facilities. Registration does not excuse a Communications Services Provider from complying with all applicable City of Tavares ordinances, codes or regulations, including these Regulations.

(C)

Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City of Tavares shall file a single Registration with the (Municipality or County) which shall include the following information:

(1)

Name of the applicant;

(2)

Name, address and telephone number of the applicant's primary contact person in connection with the Registration, and the person to contact in case of an emergency;

(3)

Evidence of the insurance coverage required under these Regulations and acknowledgment that Registrant has received and reviewed a copy of these Regulations, which acknowledgment shall not be deemed an agreement; and

(4)

The number of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other Federal or State authority, if any.

(5)

for an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, such as the number of the certificate from or filing with the Florida Department of State.

(D)

The City of Tavares shall review the information submitted by the applicant. Such review shall be by the City Administrator or his or her designee. If the applicant submits information in accordance with subsection (C) above, the Registration shall be effective and the City of Tavares shall notify the applicant of the effectiveness of Registration in writing. If the City of Tavares determines that the information has not been submitted in accordance with subsection 3. above, the City of Tavares shall notify the applicant of the non-effectiveness of Registration, and reasons for the non-effectiveness, in writing. The City of Tavares shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Non-effectiveness of Registration shall not preclude an applicant from filing subsequent applications for Registration under the provisions of this Section. An applicant has thirty (30) days after receipt of a notice of non-effectiveness of Registration to appeal the decision as provided in Section 4-57.

(E)

A Registrant may cancel a Registration upon written notice to the City of Tavares stating that it will no longer place or maintain any Communications Facilities in Public Rights-of-Way within the City of Tavares and will no longer need to obtain permits to perform work in Public Rights-of-Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in Public Rights-of-Way.

(F)

Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights-of-Way within the City of Tavares but shall establish for the Registrant a right to apply for a permit, if permitting is required by the City of Tavares. Registrations are expressly subject to any future amendment to or replacement of these Regulations and further subject to any additional City of Tavares ordinances, codes and regulations, as well as any State or Federal laws that may be enacted.

(G)

A Registrant shall renew its Registration with the City of Tavares by April 1 of each year in accordance with the Registration requirements in these Regulations. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection 3, except, as of October 1, 2001, subsection 3(c), a Registrant shall provide updated information to the City of Tavares. If no information in the then-existing Registration has changed, the renewal may state that no information has changed. Failure to renew a Registration may result in the City of Tavares restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of these Regulations.

(H)

In accordance with applicable City of Tavares ordinances, codes or regulations, a permit may be required of a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way. An effective Registration shall be a condition of obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met.

If a Registrant transfers, sells or assigns its assets located in Public Rights-of-Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of these Regulations. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the City of Tavares within twenty (20) days after the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re-Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Section 4-53 within sixty (60) days of the transfer, sale or assignment. If permit applications are pending in the Registrant's name, the transferee, buyer or assignee shall notify the Community Services Department that the transferee, buyer or assignee is the new applicant.

(A)

A Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and the City of Tavares ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights-of-Way.

(B)

A Registrant shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits have been issued by the City of Tavares or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the City of Tavares of the placement or maintenance of a Communications Facility in Public Rights-of-Way in the event of an emergency shall be required to obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in Public Rights-of-Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the City of Tavares may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights-of-Way. Permits shall apply only to the areas of Public Rights-of-Way specifically identified in the permit.

(C)

As part of any permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way, the Registrant shall provide the following:

(1)

The location of the proposed Facilities, including a description of the Facilities to be installed, where the Facilities are to be located, and the approximate size of Facilities that will be located in Public Rights-of-Way shall be provided in paper and electronic format as shall be defined by City staff;

(2)

A description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques);

(3)

A maintenance of traffic plan for any disruption of the Public Rights-of-Way;

(4)

Information on the ability of the Public Rights-of-Way to accommodate the proposed Facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other Persons);

(5)

If appropriate given the Facility proposed, an estimate of the cost of restoration to the Public Rights-of-Way;

(6)

The timetable for construction of the project or each phase thereof, and the areas of the City of Tavares which will be affected; and

(7)

Such additional information as the City of Tavares finds reasonably necessary with respect to the placement or maintenance of the Communications Facility that is the subject of the permit application to review such permit application.

(D)

To the extent not otherwise prohibited by State or Federal law, the City of Tavares shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights-of Way. City staff shall consider such factors as proximity and conflict with driveways, sidewalks, landscaping and utilities; and conflicts with buildings or other structures. City staff may recommend alternative designs, including landscaping, or locations in order to provide for improved visibility or aesthetic compatibility with surrounding land uses.

(E)

All Communications Facilities shall be placed or maintained so as not to unreasonably interfere with the use of the Public Rights-of-Way by the public and with the rights and convenience of property owners who adjoin any of the Public Rights-of-Way. The use of trenchless technology (i.e., directional bore method) for the installation of Facilities in the Public Rights-of-Way as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible.

(F)

All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities.

(G)

After the completion of any placement or maintenance of a Communications Facility in Public Rights-of-Way or each phase thereof, a Registrant shall, at its own expense, restore the Public Rights-of-Way to its original condition before such work. If the Registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the City of Tavares may perform restoration and charge the costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. For twelve (12) months following the original completion of the work, the Registrant shall guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of these Regulations at its own expense.

(H)

Removal or relocation at the direction of the City of Tavares of a Registrant's Communications Facility in Public Rights-of-Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended.

(I)

A permit from the City of Tavares constitutes authorization to undertake only certain activities in Public Rights-of-Way in accordance with these Regulations, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the Public Rights-of-Way.

(J)

A Registrant shall maintain its Communications Facility in Public Rights-of-Way in a manner consistent with accepted industry practice and applicable law.

(K)

In connection with excavation in the Public Rights-of-Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended.

(L)

Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights-of-Way and shall take all reasonable steps to safeguard work site areas.

(M)

Upon request of the City of Tavares, and as notified by the City of Tavares of the other work, construction, installation or repairs referenced below, a Registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject Public Rights-of-Way, and Registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the Public Rights-of-Way.

(N)

A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the City of Tavares or any other Person's facilities lawfully occupying the Public Rights-of-Way of the City of Tavares.

(O)

City of Tavares makes no warranties or representations regarding the fitness, suitability, or availability of City of Tavares' Public Rights-of-Way for the Registrant's Communications Facilities and any performance of work, costs incurred or services provided by Registrant shall be at Registrant's sole risk. Nothing in these Regulations shall affect the City of Tavares' authority to add, vacate or abandon Public Rights-of-Way, and City of Tavares makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights-of-Way for Communications Facilities.

(P)

The City of Tavares shall have the right to make such inspections of Communications Facilities placed or maintained in Public Rights-of-Way as it finds necessary to ensure compliance with these Regulations.

(Q)

A permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way shall include plans showing the location of the proposed installation of Facilities in the Public Rights-of-Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format and an electronic format specified by the City of Tavares, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registrant shall be provided at no cost to the City of Tavares.

(R)

The City of Tavares reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City of Tavares in Public Rights-of-Way occupied by the Registrant. The City of Tavares further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the Public Rights-of-Way within the limits of the City of Tavares and within said limits as same may from time to time be altered.

(S)

A Registrant shall, on the request of any Person holding a permit issued by the City of Tavares, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation.

(T)

A wireless facility that is a portion of a Communication Facility, such as an antenna ("Wireless Facility(ies)"), which is attached to a legally maintained vertical structure in the Public Rights-of-Way, such as a light pole or utility pole ("Vertical Structure(s)"), shall be subject to the following criteria:

(1)

Such Wireless Facilities may not extend more than 10 feet above the highest point of the Vertical Structure and the top of the wireless facility shall not be higher than 30 feet;

(2)

Such Wireless Facilities that are attached to a Vertical Structure located in Public Rights-of-Way and which are located adjacent to real property used as a single family residence shall be flush mounted to the Vertical Structure and shall not extend higher than the Vertical Structure;

(3)

Such Wireless Facilities shall not have any type of lighted signal, lights, or illuminations;

(4)

Such Wireless Facilities shall comply with any applicable Federal Communications Commission Emissions Standards;

(5)

The design, construction, and installation of such Wireless Facilities shall comply with any applicable local building codes;

(6)

No commercial advertising shall be allowed on such Wireless Facilities; and

(7)

Any accessory equipment and related housing in the Public Rights-of-Way that are used in conjunction with such a Wireless Facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment.

(8)

Use of Wireless Facilities is prohibited within 500 feet of historic structures and in Public Right-of-Ways that are subject solely to underground utilities.

The City of Tavares may suspend a permit for work in the Public Rights-of-Way for one or more of the following reasons:

(A)

violation of permit conditions, including conditions set forth in the permit, these Regulations or other applicable City of Tavares ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights-of-Way;

(B)

misrepresentation or fraud by Registrant in a Registration or permit application to the City of Tavares; or

(C)

failure to properly renew or ineffectiveness of Registration.

(D)

failure to relocate or remove Facilities as may be lawfully required by the City of Tavares.

City staff shall provide notice and an opportunity to cure any violation of 1 through 4 above, each of which shall be reasonable under the circumstances.

Final, written decisions of the City Administrator or his or her designee suspending or denying a permit, denying an application for a Registration or denying an application for renewal of a Registration are subject to appeal. An appeal must be filed with the City Administrator within thirty (30) days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The City Council shall hear the appeal as set forth in Chapter five of the Land Development Regulations.

(A)

The City of Tavares may terminate a Registration if:

(1)

A Federal or State authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services;

(2)

The Registrant's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents an extraordinary danger to the general public or other users of the Public Rights-of-Way and the Registrant fails to remedy the danger promptly after receipt of written notice; or

(3)

The Registrant ceases to use all of its Communications Facilities in Public Rights-of-Way and has not complied with Section 4-65 of these Regulations.

(B)

Prior to termination, the Registrant shall be notified by the City Administrator or his or her designee with a written notice setting forth all matters pertinent to the proposed termination action, including which of [subsection] (A)(1) through (3) above is applicable as the reason therefore, and describing the proposed action of the City of Tavares with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the City Administrator or his or her designee, to accomplish the same. If the plan is rejected, the City Administrator or his or her designee shall provide written notice of such rejection to the Registrant. A Registrant shall be notified by written notice of any decision by the City Administrator or his or her designee to terminate its Registration. Such written notice shall be sent within seven (7) days after the decision.

(C)

In the event of termination, the former Registrant shall: (a) notify the City of Tavares of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Communications Facilities in Public Rights-of-Way; or (b) provide the City of Tavares with an acceptable plan for disposition of its Communications Facilities in Public Rights-of-Way. If a Registrant fails to comply with this subsection (C), which determination of non-compliance is subject to appeal as provided in Section 4-57, the City of Tavares may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the Facilities where another Person has not assumed the ownership or physical control of the Facilities or requiring the Registrant within 90 days of the termination, or such longer period as may be agreed to by the Registrant, to remove some or all of the Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to its original condition before the removal.

(D)

In any event, a terminated Registrant shall take such steps as are necessary to render safe every portion of the Communications Facilities remaining in the Public Rights-of-Way of the City of Tavares.

(E)

In the event of termination of a Registration, this Section does not authorize the City of Tavares to cause the removal of Communications Facilities used to provide another service for which the Registrant or another Person who owns or exercises physical control over the Facilities holds a valid certification or license with the governing Federal or State agency, if required for provision of such service, and is Registered with the City of Tavares, if required.

A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the City of Tavares has sixty (60) days from the Effective Date of these Regulations to comply with the terms of these Regulations, including, but not limited to, Registration, or be in violation thereof.

(A)

A Registrant shall provide, pay for and maintain satisfactory to the City of Tavares the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and having a rating reasonably acceptable to the City of Tavares. All liability policies shall provide that the City of Tavares is an additional insured as to the activities under these Regulations. The required coverages must be evidenced by properly executed Certificates of Insurance forms. The Certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the City of Tavares annually coinciding with the Registrants renewal of Registration. Thirty (30) days advance written notice by registered, certified or regular mail or facsimile as determined by the City of Tavares must be given to the City of Tavares of any cancellation, intent not to renew or reduction in the policy coverages. The insurance requirements may be satisfied by evidence of self-insurance or other types of insurance acceptable to the City of Tavares.

(B)

The limits of coverage of insurance required shall be not less than the following:

(1)

Worker's Compensation and Employer's Liability Insurance

Worker's Compensation — Florida Statutory Requirements
Employer's Liability — ;hg;$500,000 limit each accident
$500,000 limit per each employee

(2)

Comprehensive General Liability

Bodily injury and property damage — $500,000 combined single limit each occurrence

(3)

Automobile Liability

Bodily injury and property damage — $1,000,000 combined single limit each accident

(A)

A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the City of Tavares, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the City of Tavares arising out of the placement or maintenance of its Communications System or Facilities in Public Rights-of-Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by these Regulations, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the City of Tavares. This provision includes, but is not limited to, the City of Tavares' reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. City of Tavares agrees to notify the Registrant, in writing, within a reasonable time of City of Tavares receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City of Tavares from participating in the defense of any litigation by its own counsel and at its own cost if in the City of Tavares' reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (a) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (b) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as it may be amended.

(B)

The indemnification requirements shall survive and be in effect after the termination or cancellation of a Registration.

(A)

Prior to issuing a permit where the work under the permit will require restoration of Public Rights-of-Way, a City of Tavares may require a construction bond to secure the restoration of the Public Rights-of-Way. Notwithstanding the foregoing, a construction bond hereunder may only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 4-63. Additional construction bond requirements include: 1. Twelve (12) months after the completion of the restoration in Public Rights-of-Way in accordance with the bond, the Registrant may eliminate the bond. However, the City of Tavares may subsequently require a new bond for any subsequent work in the Public Rights-of-Way. 2. The construction bond shall be issued by a surety having a rating reasonably acceptable to the City of Tavares; shall be subject to the approval of the City Administrator or his or her designee; and shall provide that: "For twelve (12) months after issuance of this bond, this bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City of Tavares, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

(B)

The rights reserved by the City of Tavares with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City of Tavares may have under the City of Tavares Land Development Regulations, or at law or equity.

(C)

The rights reserved to the City of Tavares under this Section are in addition to all other rights of the City of Tavares, whether reserved in these Regulations, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the City of Tavares may have.

Prior to the time a Registrant receives its first permit to place or maintain a Communications Facility in Public Rights-of-Way, the Registrant may be required to file with the City of Tavares, for City of Tavares approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of $25,000, or other appropriate amount as determined by the City Administrator or his or her designee, having as a surety a company qualified to do business in the State of Florida, and acceptable to the City Administrator or his or her designee, which shall be referred to as the "Security Fund." The Security Fund shall be maintained from such time through the earlier of: 1. transfer, sale, assignment or removal of all Communications Facilities in Public Rights-of-Way; or 2. twelve (12) months after the termination or cancellation of any Registration. The Security Fund shall be conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of these Regulations. The Security Fund shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of these Regulations, subject to Section 4-64 of these Regulations, there shall be recoverable, jointly and severally from the principal and surety of the Security Fund, any damages or loss suffered by the City of Tavares as a result, including the full amount of any compensation, indemnification or cost of removal, relocation or abandonment of any Facilities of the Registrant in Public Rights-of-Way, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund.

(A)

A Registrant's failure to comply with provisions of these requirements shall constitute a violation and shall subject the Registrant to the code enforcement provisions and procedures as provided in City of Tavares Land Development Regulations. In addition, violation of these Regulations may be punishable as provided in Section 162.22, Florida Statutes, as it may be amended.

(B)

Failure of the City of Tavares to enforce any requirements shall not constitute a waiver of the City of Tavares' right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(A)

Upon Abandonment of a Communications Facility owned by a Registrant in Public Rights-of-Way, the Registrant shall notify the City of Tavares within thirty (30) days.

(B)

The City of Tavares may direct the Registrant by written notice to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City of Tavares determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Facility: (a) compromises safety at any time for any Public Rights-of-Way user or during construction or maintenance in Public Rights-of-Way; (b) prevents another Person from locating facilities in the area of Public Rights-of-Way where the Abandoned Facility is located when other alternative locations are not reasonably available; or (c) creates a maintenance condition that is disruptive to the Public Rights-of-Way's use. In the event of (b), the City of Tavares may require the third Person to coordinate with the Registrant that owns the existing Facility for joint removal and placement, where agreed to by the Registrant.

(C)

In the event that the City of Tavares does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the City of Tavares, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the City of Tavares or another Person at such third party's cost.

(D)

If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City of Tavares within a reasonable time period as may be required by the City of Tavares under the circumstances, the City of Tavares may perform such removal and charge the cost of the removal against the Registrant.

In the event a Registrant's compliance with any of the provisions is prevented by a cause or event not within the Registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such Registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. Causes or events not within a Registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Registrant's control, and thus not falling within this Section, shall include, without limitation, Registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees, contractors or agents.

(A)

These requirements shall be applicable to all Communications Facilities placed in the Public Rights-of-Way and shall apply to all existing Communications Facilities in the Public Rights-of-Way prior to the effective date of these Regulations, to the full extent permitted by State and Federal law.

(B)

The adoption of these Regulations is not intended to affect any rights or defenses of the City of Tavares or a Communications Service Provider under any existing franchise, license or other agreements with a Communications Services Provider.

(C)

Any Person who uses the Communications Facilities of a Registrant, other than the Registrant that owns the Facilities, shall not be entitled to any rights to place or maintain such Facilities in excess of the rights of the Registrant that places or maintains the Facilities.

Table 4-A Submittal Requirements Notes:

Please attach the required information and or documentation to your application prior to submittal. Failure to attach the required information will constitute an incomplete application and shall not be accepted or processed for consideration of approval. Note the number of copies that must be submitted.

• Indicates required information.

º Indicates that this information may be required depending on individual circumstances. A preapplication conference is advised in order that the Community Development Director and/or other appropriate staff may determine which items are required so as to properly evaluate the development proposal. Please contact the Planning department for confirmation of requirement.

(1)

A current Property Appraiser's record of the property legally described in the application may be submitted for proof of ownership.

(2)

Surveys must be certified a surveyor registered in the State of Florida. If an Existing Feature Survey is required, and it includes a boundary survey, a separate boundary survey is not required. A boundary survey shall show the legal boundaries of the subject property. An Existing Features Survey shall show all man-made structures, improvements, utilities and easements on the property.

(3)

A Conceptual Development Plan is required for Special Use rezonings and for Planned Development rezoning. The Conceptual Development Plan will depict the general layout of the development, including densities and intensities, access, parking, open space, buffers. Architectural depiction of any structures may also be required.

(4)

A Master Development Plan is required for any development that is intended to develop in phases. The Master Development Plan shall include the overall site layout, stormwater system, utility system, street and sidewalk system, and a schedule of phases and the improvements therein.

(5)

Certain ancillary permits may be required prior to final approval of the development proposal and issuance of the associated development permit. Permits other than those listed in Table 4-A may also be required. The Community Development Director will inform the applicant of any required ancillary permits prior to final approval.

(6)

Where improvements are to be constructed for the development of a subdivision, a performance bond shall be required prior to the issuance of a subdivision construction permit subject to the provisions of Chapter 1[6], section 16-7.

(7)

Where improvements are to be dedicated to the public, prior to the acceptance by the City of said improvements, a maintenance bond shall be required subject to the provisions of Chapter 16, section 16-9 and/or Chapter 4, section 4-34.

(8)

Development Plan information requirements are provided in attachment A to Table 4-A.

(9)

Site Construction Plan information requirements are provided in attachment C to Table 4-A.

(10)

Minor Site Construction Plan information requirements are provided in attachment C to Table 4-A.

(11)

Final Plat information requirements are provided in attachment B to Table 4-A.

(12)

An Environmental Assessment shall be performed by a qualified environmental professional, such as a degreed biologist with experience in environmental assessments. The Assessment shall be dated at the time of completion and shall be submitted within 6 months of said date. The Assessment shall include the following information:

• Land use map using FLUCCS Code

• Soils map

• Floodplain map

• Protected species survey utilizing methodology consistent with that required by the Florida Fish and Wildlife Conversation Commission and the US Fish and Wildlife Commission.

• Archaeological site map

(13)

A Tree Survey shall identify all trees 6 inches diameter breast height or greater. The trees shall be located on the survey and labeled as to size and species (common name) on the survey by the location of the tree. If a tree survey is required for a preliminary subdivision plan, subdivision construction plans, or site plan, the survey shall be overlaid on the development plan. All trees proposed for removal shall be indicated on the plan. The tree survey shall be dated at the time of completion and shall be submitted within 1 year of said date. The tree survey shall be signed by a registered surveyor.

(14)

A Traffic Study shall follow the guidelines presented in the FDOT Growth Management Review Manual and the FDOT Site Impact Handbook and shall be signed by an engineer registered in the State of Florida. The study shall be dated at the time of completion and shall be submitted within 1 year of said date.

(15)

A School Impact Analysis shall be required for any Comprehensive Plan Amendment, Rezoning, Special Use, or Preliminary Plat that is associated with a residential use. The applicant shall contact the Lake County School Board to provide the analysis. The Analysis shall accurately reflect the proposed density of the development application. The analysis shall be signed and dated by a representative of the School Board and shall be submitted within 6 months of said date.

Table 4-A, Attachment A

PRELIMINARY DEVELOPMENT PLAN INFORMATION REQUIREMENTS

A.

PRELIMINARY PLAN SUBMITTALS

The preliminary subdivision plan shall include the information as discussed below. Notes should be used whenever possible, on the preliminary plan, to explain, verify or identify additional information that is important to the understanding of the site and the plan of development. All property being subdivided shall have the appropriate zoning for the land uses being proposed.

B.

PRELIMINARY PLAN DRAWINGS

The sheet size shall be 24" × 36". Plans including more than one sheet shall provide a key map relating sheets to the entire planned area. The information required on the face of this sheet should be positioned in one of three places: in the title block, on the location sketch or on the plotting design scheme. The requirements of each of the above are detailed below.

1.

TITLE, LEGEND & LOCATION BLOCK

The title of the proposed subdivision, the name and address of the owner and the name and address of the engineer and surveyor engaged to prepare and design the preliminary plat shall be included. The date, revision dates, graphic scale of plans, north arrow, current zoning, total number of lots, minimum lot size, and site area in acres or portions thereof shall also be included along with the section, township and range in which the subject property is located. This information is to be located on the lower right-hand corner of the sheet.

2.

LOCATION SKETCH

A sketch showing the general location of the subdivision in relation to the surrounding area shall be placed on the sheet, in the upper left-hand corner. The location sketch shall be oriented the same direction as the plotting design. It also shall be drawn to a scale large enough to show the relationship of the tract to be subdivided to existing and proposed community features, such as major thoroughfares, schools, recreation areas, shopping and industrial areas. An appropriate scale is 1" = 2,000'.

3.

DESIGN

For all subdivision of lot areas up to one acre in size, the design scheme shall be drawn to a scale no smaller than 1"=100'. All other subdivisions shall be drawn to sufficient scale to show all details, with north oriented to the top or right hand edge of the sheet. The plan shall also show the existing conditions and proposed development features as described below.

4.

EXISTING CONDITIONS

The following information regarding existing conditions on and off the site shall be shown: boundary lines, location, distance, and bearings for boundary lines, and the width and purpose of all easement lines. The boundary lines of the tract shall be clearly delineated by a heavy solid line.

5.

SETBACKS

a.

All setbacks from streets and highways shall be illustrated.

b.

The applicable setbacks for the zoning district shall be indicated by the use of notes.

c.

All setbacks on irregular shaped lots shall be illustrated.

d.

The development line of natural water bodies shall be illustrated.

6.

PHASING

Where the project is to be built in phases, illustrate the divisions of the various phases. Phasing divisions shall be established according to natural or man-made boundaries, including but not limited to wetlands, creeks, lakes, parks, schools, collector or arterials.

7.

PHYSICAL/ENVIRONMENTAL CONDITIONS

The topographical features that exist on the property shall be depicted on the preliminary plan or may be shown on separate sheets. When a separate sheet is used, the lot layout must be shown.

a.

Topographic information. Existing contours at one (1) foot intervals based on field surveys or photogrammatic [photogrammetric] survey using National Geodetic Vertical Datum (N.G.V.D.) 1929 data for the tract to be subdivided and extending a minimum one hundred (100) feet beyond the tract boundary. If data is used from a year besides 1929, a note shall be placed on the plan providing the datum difference. The topographic survey shall be certified by a land surveyor, registered in the State of Florida.

b.

Soils information. Identification of on-site soils shall be drawn on the face of the plan using the Soil Survey of Lake County Area, Florida. An applicant may challenge this determination by demonstrating (through the testing of a geotechnical engineer) that the identified soils are not classified correctly. If the above determination is concurred with by the City Engineer, then these alternative soil determinations will be used in preparing the subdivision plans.

c.

Wetlands Survey. Wetlands shall be identified for purposes of the preliminary plan. Stake and survey of environmentally sensitive areas shall be shown on the site construction plans.

d.

100 Year Flood Elevation Information. Where the 100 year flood elevation is shown on the Lake County Flood Insurance Rate (F.I.R.M.) Maps, as amended, the applicant shall show the location of the one hundred (100) year flood elevation.

e.

Data shall be shown for all subdivisions within the 100 year flood zone, as indicated on the F.I.R.M. Maps. In the above circumstance, the developer will be responsible for the necessary drainage basin studies to establish the 100 year flood elevation. This work will be prepared to the satisfaction of the City Engineer. If the proposed development will create a change to the existing 100 year flood elevation, this change will be reflected in an amendment to the F.I.R.M. Maps. The applicant shall submit a letter of map amendment to FEMA, prior to final inspection and approval of subdivision improvements.

f.

Tree Survey. A Tree Survey shall identify all trees 6 inches diameter breast height or greater. The trees shall be located on the survey and labeled as to size and species (common name) on the survey by the location of the tree. If a tree survey is required for a preliminary subdivision plan, subdivision construction plans, or site plan, the survey shall be overlaid on the development plan. All trees proposed for removal shall be indicated on the plan. The tree survey shall be dated at the time of completion and shall be submitted within 1 year of said date. The tree survey shall be signed by a surveyor registered in the State of Florida.

8.

EXISTING STREETS

The name, location and right-of-way width of all existing streets, rights-of-way and platted streets within 500 feet, in each direction of the proposed entrance to the proposed subdivision, shall be shown.

9.

PROPOSED STREETS

The latest edition of the City of Tavares Construction Specifications Manual for minimum design standards shall be followed. The information listed below shall be provided for proposed streets.

a.

The name or temporary designation and right-of-way width.

b.

A typical design cross-section indicating pavement type width, drainage features and sidewalk/bikeways. A separate cross-section for all entrance roads, featuring medians, with a note explaining maintenance and ownership responsibility.

c.

Streets which are adjacent to the property.

d.

The projected average daily traffic (ADT) and peak traffic (total and directional) from the development shall be shown. The trip generation shall be based upon trip generation rates contained in the latest publication of the Institute of Transportation Engineers (ITE) Manual.

e.

Access restrictions between the street and abutting lot shall be shown.

10.

WATER & SEWER

The proposed method and source of water supply and sewage disposal shall be shown and be in accordance with the City of Tavares Construction Specifications Manual. Any necessary easements shall be shown on the preliminary plan, site construction plans and final plats as appropriate. The developer shall show the points of connection to the existing system.

11.

ADDITIONAL INFORMATION

Proposed vacation of rights-of-way and/or easements are to be addressed.

Table 4-A, Attachment B

FINAL PLAT INFORMATION REQUIREMENTS

A.

FINAL PLAT SUBMITTALS

The required final plan application shall consist of a fully executed correct plat map, which meets all State and County and City standards, construction, ancillary documents and all required legal instruments.

B.

FINAL PLAT

The plat shall be drawn with permanent black drawing ink on mylar, or equally durable material such as a stable base film, a minimum thickness of 0.003 of an inch. These sheets shall be twenty-four (24) inches by thirty (36) inches. Plats shall meet all of the requirements of Chapter 177 Florida Statutes and shall be so certified by a land surveyor registered in the State of Florida.

If a government survey corner is used to conduct the surveys for the plats, a copy of the corner record shall be resubmitted along with the plats for approval. All plats to be recorded shall contain the required plat certificates. When previously platted lands are proposed for replatting, it will be necessary that the existing plat, or portion thereof, be vacated pursuant to Chapter 177 Florida Statutes, subsequent to recordation of the new plat.

C.

REQUIRED INFORMATION

The plat shall constitute only that part of the approved preliminary development plan which the developer proposes to record and develop at the time; provided, however, that such part conforms to all requirements of these regulations. The final plat application shall include the following:

1.

The title block shall include the name of the subdivision, the appropriate section, township, and range, and Lake County, Florida.

2.

The legal description of the area contained within the plat.

3.

A vicinity map, drawn to an appropriate scale, showing the proposed subdivision in relation to the surrounding streets; (the vicinity map shall include a north point, consistent with the north arrow of the larger scale drawing which it accompanies.

4.

The location of all permanent reference markers (PRMs) and permanent control points (PCPs) shall be shown and shall be in conformance with standards found in the state statutes.

5.

A legend which defines all symbols, shows stated and graphic scale, and displays a north arrow.

6.

Sufficient data to readily determine (and to reproduce on the ground) the location, bearing, and length of each street right-of-way line, boundary line, block line, and building line (whether curved or straight).

7.

The right-of-way lines, widths, and names of all streets and roads.

8.

The radius, central angle and arc length of all curved streets, and curved property lines.

9.

Lot lines and lot and block numbers.

10.

Location and width of canals and water ways.

11.

Dedications, reservations and easements, showing widths and purpose shall be either graphically delineated on the face of the plat, incorporated by reference or shown by a note. If shown by a note, the note shall be shown on each page of the plat set.

12.

The names, locations, and plat book and page numbers of abutting subdivisions and streets, and the location of abutting subdivisions.

13.

Certificates (signatures as required by Florida Statutes) confirming ownership, dedications, Surveyor review, Municipal review and Legal review.

14.

A certificate of consent and approval by the mortgagee. This shall be shown on the plat or as a separate instrument.

D.

PLAT RECORDATION REQUIREMENTS

1.

TAX RECEIPT

A letter shall be obtained from the Lake County Tax Collector, indicating the current year's taxes have been paid.

2.

TITLE CERTIFICATE/TITLE OPINION

A title opinion, prepared by an attorney at law or a title certificate prepared by a title company, in accordance with the requirements of Florida Statutes.

3.

JOINDER/CONSENT

All mortgagees, having a record interest in the lands being subdivided, shall execute, either by a dedication contained on the plat or a separate instrument, joining in and notifying on the plat of all dedications and reservations thereto.

4.

MSTU, SPECIAL ASSESSMENTS, OR HOMEOWNERS ASSOCIATIONS REQUESTS

Prior to recordation of the final plat, a municipal service taxing unit (MSTU) shall be established for purposes of providing street lights, stormwater management facilities, or other facilities as approved. If approved, a property owner's association may be substituted for an MSTU in a commercial or private subdivision.

5.

DEED RESTRICTIONS

The developer shall provide two (2) copies of all deed restrictions effecting the subdivision. These deed restrictions shall be recorded in the official records of Lake County.

6.

PRIVATE SUBDIVISIONS

A subdivision, requesting to have private streets, must have a homeowner's association, or some similar lot owner's association which will hold title to the private streets and which will be responsible for the maintenance and repair of them. Enforceable legal documents establishing the owner's association, and of creating binding restrictive covenants shall be prepared. These documents must provide for a means of enforcing any and all assessments levied by the association, in order to financially provide for the continuing care and maintenance of the streets. These documents shall be submitted to, reviewed by, and approved by the City Attorney. Appropriate provision must be made for the uncontested utilization of the private streets by those governmental agencies, such as the Sheriff's department, fire district, ambulance and other governmental agencies, which may, from time-to-time need to travel over or across said private streets. In addition, private streets shall be subject to the City's jurisdiction in establishing such speed limits and traffic control devices as deemed necessary and appropriate by the City.

7.

PROTECTION AGAINST NON-PERFORMANCE.

Prior to the recordation or any final plat, the subdivider shall file with the City Council an adequate performance guarantee such as a performance bond or escrow agreement funded by cash, cashier's check or a certified check upon a local bank, conditioned to secure the construction of the required improvements in a satisfactory manner and within a time period specified by the City Council, such period not to exceed two (2) years. No such performance guarantee shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to one hundred ten percent (110%) of the cost of all improvements required to be installed by the subdivider and approved by the City Attorney. The amount of the performance guarantee shall be based on the project engineer of record's certified estimate of the cost of improvements or upon actual contract costs for installing the improvements as may be adjusted by the City Engineer.

Table 4-A, Attachment C

SITE CONSTRUCTION PLAN INFORMATION REQUIREMENTS

Copies of the final construction engineering improvement plans and specifications, both on-site and off-site, shall be submitted to the Planning, Zoning and Development Department, prior to or with the plat submittal.

All construction plans and support documents, for review and approval, shall bear the date, seal and signature of the project engineer and shall be submitted to the Planning, Zoning and Development Department. Submission of plans and calculations shall be accompanied by the appropriate review fee. The standard size sheet for construction plans submitted for review shall be 24 inches by 36 inches. The construction engineering improvement plans shall be in conformance with the City of Tavares Land Development Regulations and Construction Specifications Manuel and shall show the information listed below.

A.

Graphic Materials Required

1.

The plans shall include a location map that shows the location of the project in the broad context of the City. This map may be drawn on the development plan or furnished separately.

2.

Development plans shall be drawn to scale using such a scale that all required features are readily discernible. In all cases, the permit-issuing authority shall make the final determination whether the plans are drawn to the appropriate scale.

3.

Development plans should include the following information on the first page:

A.

Name of applicant.

B.

Name of development.

C.

North arrow.

D.

Legend.

E.

Scale.

F.

Site location.

G.

Legal description and acreage or square footage.

H.

Date of plan.

I.

Property boundaries.

B.

Existing, Natural, Man-made and Legal Features

1.

Development plans shall show all existing natural, man-made and legal features on the site where the development is proposed, including, but not limited to those listed below. In addition, the plans shall also show those features, indicated in the following by an asterisk, that are located within at least 50 feet in any direction of the lot where the development is to take place and shall specify the use made of that adjoining property.

2.

Existing Physical/Environmental Conditions

a.

Topographic information. Existing contours at one (1) foot intervals based on field surveys or photogrammatic [photogrammetric] survey using National Geodetic Vertical Datum (N.G.V.D.) 1929 data for the tract to be subdivided and extending a minimum one hundred (100) feet beyond the tract boundary. If data is used from a year besides 1929, a note shall be placed on the plan providing the datum difference. The topographic survey shall be certified by a land surveyor, registered in the State of Florida.

b.

Soils information. Identification of on-site soils shall be drawn on the face of the plan using the Soil Survey of Lake County Area, Florida. An applicant may challenge this determination by demonstrating (through the testing of a geotechnical engineer) that the identified soils are not classified correctly. If the above determination is concurred with by the City Engineer, then these alternative soil determinations will be used in preparing the subdivision plans.

c.

Wetlands Survey. Wetlands shall be identified for purposes of the preliminary plan. Stake and survey of environmentally sensitive areas shall be shown on the site construction plans.

d.

100 Year Flood Elevation Information. Where the 100 year flood elevation is shown on the Lake County Flood Insurance Rate (F.I.R.M.) Maps, as amended, the applicant shall show the location of the one hundred (100) year flood elevation.

e.

Data shall be shown for all subdivisions within the 100 year flood zone, as indicated on the F.I.R.M. Maps. In the above circumstance, the developer will be responsible for the necessary drainage basin studies to establish the 100 year flood elevation. This work will be prepared to the satisfaction of the City Engineer. If the proposed development will create a change to the existing 100 year flood elevation, this change will be reflected in an amendment to the F.I.R.M. Maps. The applicant shall submit a letter of map amendment to FEMA, prior to final inspection and approval of subdivision improvements.

f.

Tree Survey. A Tree Survey shall identify all trees 6 inches diameter breast height or greater. The trees shall be located on the survey and labeled as to size and species (common name) on the survey by the location of the tree. If a tree survey is required for a preliminary subdivision plan, subdivision construction plans, or site plan, the survey shall be overlaid on the development plan. All trees proposed for removal shall be indicated on the plan. The tree survey shall be dated at the time of completion and shall be submitted within 1 year of said date. The tree survey shall be signed by a surveyor registered in the State of Florida.

3.

Existing man-made features:

A.

Vehicle accommodation areas designating surface material and showing the layout of existing parking spaces and direction of travel lanes, aisles, or driveways.

B.

Streets, private roads, sidewalks, and other walkways on the site and in the surrounding area.

C.

Curbs and gutters, curb inlets and curb cuts, and drainage grates.

D.

Other stormwater or drainage facilities, including manholes, pipes, and drainage ditches.

E.

Underground utility lines including water, sewer, electric power, telephone, gas, cable television, indicating size where applicable.

F.

Above ground utility lines and other facilities.

G.

Fire hydrants.

H.

Buildings, structures, and signs, with dimensions.

I.

Exterior light fixture locations.

J.

Dumpster locations.

K.

Existing land use of the property and surrounding area.

4.

Existing legal features.

A.

The zoning of the property and surrounding area.

B.

Property lines with dimensions.

C.

Street ROW lines.

D.

Utility or other easement lines.

C.

Proposed Changes in Existing Features, or New Features

1.

Development plans shall show any changes in existing natural features, existing man-made features, and/or existing legal features.

2.

Development plans shall also show proposed new legal features (especially new property lines, ROW line and utility and other easements, as well as proposed man-made features including but not limited to the following:

A.

Size of every lot created by a new subdivision.

B.

Lot dimensions, including widths measured in accordance with Chapter 8. Front, side and rear yards shall be designated.

C.

Location and dimensions of all buildings and signs on the property, as well as the setbacks (see Chapter 8).

D.

Principal side building elevations for typical units of new buildings or exterior remodelings of existing buildings showing building heights and proposed sign areas.

E.

Location and dimensions of all recreational areas, with each area designated as to type of use.

F.

Areas intended to remain as usable open space. The plans shall clearly indicate whether such open space areas are intended to be offered for dedication to public use or to remain privately owned.

G.

Streets labeled by classification and street name, showing where curb and gutter are to be provided and indicating street paving widths.

H.

Curbs and gutters, curb inlets and curb cuts, drainage grates.

I.

Other stormwater or drainage facilities, including manholes, pipes, drainage ditches, retention ponds, etc.

J.

Drainage calculations.

K.

Sidewalks and walkways, showing widths and surface material.

L.

Bridges.

M.

Water system; demand size, material, and location of mains, valves, and hydrants.

N.

Sewer system; demand size, material, and location of lines, with submittal of profile where required.

O.

Underground and above-ground utility lines and facilities.

P.

Dumpsters.

Q.

New contour lines resulting from earth movement (shown as solid lines) with no larger than one (1) foot intervals, or detailed profiles and cross sections.

R.

Location, dimensions, and materials of all signs, fences, etc.

S.

Vehicle accommodation areas (including parking areas, loading areas and circulation areas; all designated by surface material and showing dimensions and layout of proposed parking spaces and the dimensions and direction of travel lanes, aisles, and driveways. Also include total square feet of off-street parking area, parking landscape area requirement, the number of spaces, including required handicapped spaces, and calculations for determining parking demand.

T.

Landscape Plan. Proposed landscape planting to comply with the landscape and buffer requirements of Chapter 11. Plans shall label shrubbery by common or scientific name, show the distance between plants and indicate the height at the time of planting and expected mature height and width. Plans shall label trees by common or scientific name, show the circles of the mature crowns (major trees shall be drawn at diameter + 30 feet; dwarf or decorative trees shall be drawn at their actual mature crown), and indicate the height at the time of planting. A table indicating buffer type, plant type, plant quantity and size at time of planting shall be included on the plan.

U.

Proposed sales and marketing plan indicating model homes, sales offices, etc.

D.

Documents and Written Information in Addition to Plans

In addition to the written application and the plans, whenever the nature of the proposed-development makes information or documents such as the following relevant, such documents or information shall be provided. The following is a representative list of the type of information or documents that may be requested.

1.

Documentation confirming that the applicant has ownership of the property proposed for development to use it in the manner requested, or is the duly appointed agent of such a person.

2.

Certifications from the appropriate agencies that proposed utility systems are or will be adequate to handle the proposed development, as set forth in Chapter 17, and that all necessary easements have been provided.

3.

Detailed description of play apparatus or other recreational facilities to be provided in recreational areas.

4.

Legal documentation establishing homeowners' associations or other legal entities responsible for control over required common areas and facilities.

5.

Bonds, letters of credit, or other surety devices.

6.

Complete documentation justifying any requested deviation from specific, requirements established by this chapter as presumptively satisfying design standards.

7.

Verification that industrial uses will meet the performance standards set forth in Chapter 12. Such verification shall be made by a licensed engineer or other qualified expert unless it is utterly apparent from the nature of the proposed development that such expert verification is unnecessary.

8.

Time schedules for the completion of phases in staged development.

9.

The environmental impact of a development, including its effect on historically significant or ecologically fragile or important areas and its impact on pedestrian or traffic safety or congestion.