This chapter sets forth the application and review procedures required for obtaining development orders and certain types of permits. This chapter also specifies the procedures for appealing decisions and enforcing provisions of the Land Development Code and for making amendments to the comprehensive plan.

(Ord. No. 2-91, § 12.00.01, 4-29-1991)

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing. An application for any type of development review may be withdrawn at any time with the consent of those responsible for reviewing the application.

(Ord. No. 2-91, § 12.00.02, 4-29-1991)

No development may be undertaken unless the activity is authorized by a development permit.

(Ord. No. 2-91, § 12.01.01, 4-29-1991)

Except as provided in section 58-5, a development permit may not be issued unless the proposed development activity is authorized by a final development order issued pursuant to the Land Development Code.

(Ord. No. 2-91, § 12.01.02, 4-29-1991)

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to the Land Development Code. Unless otherwise specifically provided, the development activity shall conform to the Land Development Code:

(1)

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

(2)

The construction or alteration of a one-or two-family dwelling on a lot of record in a valid recorded subdivision. Compliance with the development standards in the Land Development Code is not required if in conflict with the previously approved plat.

(3)

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

(4)

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

(5)

The resurfacing of a vehicle use area that conforms to all requirements of the Land Development Code.

(6)

A minor replat granted pursuant to the procedures in sections 58-28 and 58-29.

(7)

Temporary uses or structures except as provided in section 58-42.

(8)

Right-of-way use permits.

(Ord. No. 2-91, § 12.01.03, 4-29-1991)

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

(Ord. No. 2-91, § 12.01.04, 4-29-1991)

Prior to filing for development plan review, the developer shall meet with the town to discuss the development review process. With the consent of the applicant the town may waive the preapplication conference requirement if, in the council's opinion, the conference is unnecessary. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(Ord. No. 2-91, § 12.02.01, 4-29-1991)

(a)

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

(b)

Minor development. A plan shall be designated as a minor development if it is:

(1)

Any division of land into more than two parcels but less than 25 parcels.

(2)

Any multifamily residential development of less than 25 units, that does not involve platting.

(3)

Any nonresidential use, including additions to existing structures of up to 10,000 square feet, excluding those minor deviations within the limits described in section 58-67.

(c)

Major development. A plan shall be designated as a major development if it is:

(1)

Any division of land into 25 or more parcels.

(2)

Any multifamily residential development of 25 or more dwelling units.

(3)

More than 25,000 square feet of nonresidential floor space.

(4)

Any development that, in the estimation of the town, should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources and public safety.

(Ord. No. 2-91, § 12.02.02, 4-29-1991)

Applications for development review shall be available at the town. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with notarized proof of authorization by the owners. In a case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation, and embossed with the corporate seal.

(Ord. No. 2-91, § 12.02.03(A), 4-29-1991)

A tiered approach shall be used in determining the information which must be submitted at the time of application. The greater the intensity of a project, based upon its designation as either minor or major, pursuant to the criteria in section 58-8, the greater the amount of information required. The following list describes the applicable submittal requirements for specific development plan:

(1)

General plan requirements shall be mandatory for all development plans.

(2)

Minor review requirements shall be mandatory for major and minor development plans.

(3)

Major review requirements shall be mandatory only for major development plans.

(4)

Optional review requirements may be required for the review of any development plan on a case-by-case basis at the discretion of the town when additional data is needed.

(5)

Environmentally sensitive area requirements shall be required for all developments which contain environmentally sensitive areas as identified in chapter 78, or at the discretion of the town.

(Ord. No. 2-91, § 12.02.03(B), 4-29-1991)

(a)

Scale. All plans shall be drawn to a scale of one inch equals 100 feet, unless the town determines that a different scale is sufficient or necessary for proper review of the proposal.

(b)

Plan dimensions. The plans shall be 24 inches by 36 inches in size. A three-quarter-inch margin shall be provided on all sides except for the left binding side where a two-inch margin shall be provided unless the town determines that a different size is sufficient or necessary for proper review of the proposal.

(c)

Total number of sheets to be indicated. If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

(d)

Inclusion of material on front cover sheet. The front cover sheet of each plan shall include:

(1)

A general vicinity or location map drawn to scale, both stated and graphic, showing the position of the proposed development in the section, township and range, together with the principal roads, town limits and/or other pertinent orientation information.

(2)

A complete legal description of the property.

(3)

The name, address and telephone number of the owner of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown.

(4)

Name, business address and telephone number of those individuals responsible for the preparation of the drawing.

(5)

Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow, and date.

(6)

The plan shall show the boundaries of the property with a metes and bounds description reference to section, township and range, tied to a section or quarter-section or subdivision name and lot number.

(7)

The area of the property shown in square feet and acres.

(e)

Presentation of materials. Unless a format is specifically called for below, the information required may be presented textually, graphically or on a map, plan, aerial photograph or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer to submit the information in a form that allows ready determination of whether the requirements of the Land Development Code have been met.

(f)

Number and categorization of residential units and floor area calculations. The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) and also Floor Area Ratio (FAR) calculations shall be given.

(g)

Submittal of restrictive covenants. Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, building lines, buffer strips and walls, and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.

(h)

Review of concurrency documentation. Documentation pursuant to sections 54-6—54-8, related to the review of concurrency.

(i)

Additional documentation, special circumstances. Other documentation necessary to permit satisfactory review under the requirements of the Land Development Code and other applicable law as required by special circumstances in the determination of the town.

(Ord. No. 2-91, § 12.02.03(C), 4-29-1991)

(a)

Map. A map of vegetative cover indicating the location and identity by common or scientific name of all protected trees is required. Groups of protected trees may be designated as clusters with the estimated total number of trees noted. This information shall be summarized in tabular form on the plan.

(b)

Adjacent properties. Location, names and widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other public spaces and similar facts regarding adjacent property are also required.

(c)

Proposed development activities and design. Proposed development activities and design shall be as follows:

(1)

General information.

a.

Area and percentage of total site area to be covered by an impervious surface.

b.

Grading plans specifically including perimeter grading.

c.

Construction phase lines.

(2)

Buildings and other structures.

a.

Building plan showing the location, dimensions, gross floor area and proposed use of buildings.

b.

Architectural or engineering elevations of all sides of all buildings larger than a one- or two-family dwelling unit.

c.

Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.

d.

Minimum flood elevations of buildings within any 100-year floodplain.

(3)

Water supply, wastewater disposal. Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points.

(4)

Streets, parking and loading.

a.

The layout of all streets, bike paths and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

b.

A parking and loading plan showing the total number of dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress including proposed public street modifications and projected on-site traffic flow.

c.

The location of all exterior lighting.

d.

The location and specifications of any proposed garbage dumpsters.

e.

Cross sections and specifications of all proposed pavement in conformance with sections 86-261—86-265.

f.

Typical and special roadway and drainage sections and summary of quantities.

(5)

Tree removal and protection.

a.

All protected trees to be removed and a statement of why they are to be removed.

b.

Proposed changes in the natural grade and any other development activities directly affecting trees to be retained.

c.

A statement of the measures to be taken to protect the trees to be retained.

d.

A statement of proposed tree relocations and placements.

(6)

Landscaping.

a.

Location and dimensions of proposed buffer zones and landscaped areas.

b.

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

(7)

Signs.

a.

Three blueprints or ink drawings of the plans and specifications of regulated signs and method of their construction and attachment to the building or ground, except those plans for standard signs that have been placed on file with the town. The plans shall show all pertinent structural details, wind pressure requirements, and display materials in accordance with the requirements of the Land Development Code and the building and electrical codes adopted by the town. The plans shall clearly illustrate the type of sign or sign structure as defined in the Land Development Code; the design of the sign, including dimensions, colors and materials; the aggregate sign area; dollar value of the sign; maximum and minimum heights of the sign; and sources of illumination.

b.

For regulated ground signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

1.

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas and other existing ground signs on the parcel.

2.

All protected trees that will be damaged or removed for the construction and display of the sign.

c.

For regulated building signs, a plan, sketch, blueprint blue line print or similar presentation drawn to scale which indicates clearly:

1.

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings and structures on the parcel.

2.

The number, size, type and location of all existing signs on the same parcel, except a single business unit in a multiple occupancy complex shall not be required to delineate the signs of other business units.

(8)

Dedicated land. Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations and the like.

(9)

On-site wells. Location of on-site wells and wells within 1,000 feet of any property line, exceeding 100,000 gallons per day.

(10)

Acreage. Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.

(11)

Residential units. Number, height and type of residential units.

(12)

Other specifications. Floor area, height and types of office, commercial, industrial and other proposed uses.

(Ord. No. 2-91, § 12.02.03(D), 4-29-1991)

(a)

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat except when the proposed development includes a subdivision that is subdivided as any additional unit or section by the same developer or his successors in title. Every subdivision name shall have legible lettering of the same size and type including the words section, unit, replat, amended and the like. The name of the development shall be indicated on every page.

(b)

A master plan is required for a major development which is to be developed in phases. A master plan shall provide the following information for the entire development:

(1)

Development plan for the first phase or phases for which approval is sought.

(2)

A development phasing schedule including the sequence for each phase; approximate size of the area in each phase; and proposed phasing of construction of public recreation and common open space areas and facilities.

(3)

Total land area and approximate location and amount of open space included in each residential, office, commercial and industrial area.

(4)

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

(5)

Approximate location and acreage of any proposed public uses such as parks, school sites and similar public or semipublic uses.

(6)

A vicinity map of the area within 300 feet surrounding the site showing:

a.

Land use designations and boundaries.

b.

Traffic circulation systems.

c.

Major public facilities.

d.

Municipal boundary lines.

(7)

Base flood elevations for all lots.

(Ord. No. 2-91, § 12.02.03(E), 4-29-1991)

A review of the following may be required:

(1)

A soils map of the site, existing U.S. soil conservation service maps are acceptable.

(2)

Topographic map of the site clearly showing the location, identification and elevation of bench marks, including at least one bench mark for each major water control structure.

(3)

A detailed overall project area map showing existing hydrography and runoff patterns and the size, location, topography and land use of any offsite areas that drain onto, through or from the project area.

(4)

Existing surface water bodies, wetlands, or streams within the proposed development site, including seasonably high watertable elevations and attendant drainage areas for each.

(5)

A map showing the locations of any soil borings or percolation tests.

(6)

A depiction of the site and all land within 400 feet of any property line of the site, showing the locations of environmentally sensitive areas.

(7)

The location of any underground or overhead utilities, culverts and drains on the property and within 100 feet of the proposed development boundary.

(8)

The 100-year flood elevation, minimum required floor elevation and boundaries of the 100-year floodplain for all parts of the proposed development.

(9)

Drainage basin or watershed boundaries identifying locations of the routes of offsite waters onto, through or around the project.

(10)

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of the development at which they will be put into place or used, and maintenance provisions.

(11)

A description of the proposed stormwater management system, including:

a.

Channel, direction, flow rate and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

b.

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans and predictions of surface water quality changes.

c.

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

d.

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

e.

Linkages with existing or planned stormwater management systems.

f.

On and offsite rights-of-way and easement for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the stormwater management system.

g.

The entity or agency responsible for the operation and maintenance of the stormwater management system.

(12)

The location of offsite water resource facilities such as surface water management systems, wells or well fields that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

(13)

Runoff calculations.

(14)

Amount of each area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

(Ord. No. 2-91, § 12.02.02(F), 4-29-1991)

(a)

An environmentally sensitive area shall have the exact sites and specifications for all proposed drainage, filling, grading, dredging and vegetation removal activities including estimated quantities of excavation or fill materials computed from gross sections, proposed within an environmentally sensitive area.

(b)

An environmentally sensitive area shall have a detailed statement or other materials showing the following:

(1)

The percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

(2)

The distances between development activities and the boundaries of the environmentally sensitive area.

(3)

The manner in which habitats of endangered and threatened species are protected.

(Ord. No. 2-91, § 12.02.03(G), 4-29-1991)

(a)

The applicant shall submit the major development plan and supporting documentation, pursuant to section 58-9—58-15, to the town planner.

(b)

After receipt of the above, the town planner shall have 30 days to:

(1)

Determine that the application is complete and proceed with the review; or

(2)

Determine that the application is incomplete and inform the applicant by certified mail, return receipt requested, of the deficiencies. The applicant must submit a revised application, correcting the deficiencies within 45 days of receipt of the letter of incompleteness, to proceed with the review.

(c)

The town planner shall review the major development plan for compliance with the Land Development Code and other applicable rules and regulations within 30 days.

(d)

Within 45 days of the receipt of any revisions to the application pursuant to the town planner's comments, the town planner shall have an additional 30 days to review the revised application and issue a recommendation approving with conditions or denying the application based upon the requirements of the Land Development Code.

(e)

The town council shall consider the application at a regularly scheduled public hearing which has been noticed pursuant to the requirements of section 58-23. In reviewing the application, the council shall consider the recommendation of the town planner and shall determine whether the proposed development specified in the application meets the provisions of the Land Development Code. The town council shall approve, approve with conditions, or deny the application.

(f)

Notification of the town council's decision shall be mailed to the applicant and filed with the town.

(Ord. No. 2-91, § 12.02.04(A), 4-29-1991)

A development permit for a major development shall be valid for a period of one year and may be renewed for a cumulative period not to exceed one year subject to the provisions of subsection 54-2(c), expiration of certificate of concurrency.

(Ord. No. 2-91, § 12.02.04(B), 4-29-1991)

(a)

The applicant shall submit the minor development plan and supporting documentation pursuant to sections 58-9—58-15 to the town planner.

(b)

After receipt of the above, the town planner shall have 30 working days to:

(1)

Determine that the application is complete and proceed with the review; or

(2)

Determine that the application is incomplete and inform the applicant by certified mail, return receipt requested, of the deficiencies. The applicant must submit a revised application, correcting the deficiencies within 45 days of receipt of the letter of incompleteness, to proceed with the review.

(c)

The town planner shall review the minor development plan for compliance with the Land Development Code within 30 days.

(d)

Within three days of the completion of the review, the town planner shall issue a finding approving, approving with conditions, or denying the application based upon the requirements of the Land Development Code.

(e)

Notification of the town planner's decision shall be mailed to the applicant and filed with the town.

(Ord. No. 2-91, § 12.02.05(A), 4-29-1991)

A development permit for a minor development shall be valid for a period of one year and may be renewed only once for a period not to exceed one year subject to the provisions of subsection 54-3(c), pertaining to the expiration of certificate of concurrency.

(Ord. No. 2-91, § 12.02.05(B), 4-29-1991)

Should a proposed development impact adjacent jurisdictions, as determined by the town planner, the impacted jurisdictions will be notified in writing of the proposed development and given an opportunity to identify specific issues of concern. Such correspondence shall be submitted to the town council.

(Ord. No. 2-91, § 12.02.06, 4-29-1991)

A master plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the site development plan for the first phase of the development and must be approved prior to approval of the site development plan for the first phase. A site development plan must be approved for each phase of the development under the procedures for development review prescribed above. Each phase shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

(Ord. No. 2-91, § 12.02.07, 4-29-1991)

In notice of all public hearings which are required by a provision of the Land Development Code shall be given as follows, unless expressly stated otherwise:

(1)

Content of notice. Every required notice shall include: the date, time and place of the hearing; a description of the substance of the subject matter that will be discussed at the hearing; a legal description of the properties directly affected including the street address when available; a statement of the body conducting the hearing; a brief statement of what action the body conducting the hearing may be authorized to take; and a statement that the hearing may be continued from time to time as may be necessary. Notices for public hearings before the town council on amendments to the future land use map shall also contain a geographic location map which clearly indicates the area covered by the proposed amendment. The map shall include major street names as a means of identification of the area.

(2)

Publication. Publication of the notice shall be as follows:

a.

Generally. Except as provided in subsections (b) and (c) of this section, notice of all public hearings and appeals from a decision, order, requirement or determination of an administrative officer or board of the town shall be properly advertised in a newspaper of general circulation not more than thirty 30 days nor less than 15 days before the date of the hearing, excluding Sundays and legal holidays.

b.

Amendments to the town comprehensive plan. Notice pursuant to the adoption of amendments to the town comprehensive plan shall be given pursuant to F.S. chs. 163.3184 through 163.3187.

c.

Amendments to the text of the Land Development Code. Any amendment to the text of the Land Development Code shall require public hearing and publication of notice as follows: The town council shall hold two advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held after 5:00 p.m. on a weekday, and the first shall be held approximately seven days after the day that the first advertisement is published. The second hearing shall be held approximately 14 days after the first hearing and shall be advertised approximately five days prior to the public hearing. The date, time and place at which the second public hearing will be held shall be announced at the first public hearing.

(3)

Public inspection. A copy of the notice of public hearing shall be available in the town hall during regular business hours.

(4)

Mailing of notice. Mailing of the notice shall be made to specific real property owners within 500 feet of the property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll.

(5)

Posting of notice. After an application has been filed, the town shall cause a sign or signs to be posted on the property concerned. The sign shall be located where, in the judgment of the town, the sign or signs would be in the most conspicuous place to the passing public. Each sign shall contain the following information:

a.

Present land use classification;

b.

Date, time and place of the scheduled hearing;

c.

Proposed action; and

d.

Any other pertinent information.

(Ord. No. 2-91, § 12.02.08, 4-29-1991)

(a)

Setting the hearing. When the town planner determines that an application for an amendment requiring a public hearing be provided, the town planner shall notify the town council so a public hearing may be set and notice given in accordance with the provisions of the Land Development Code.

(b)

Examination and copying of application and other documents. Any time after the provision of notice, as required by the Land Development Code in section 58-22, any person may examine the application or petition in question, and the material submitted in support or opposition to the application or petition in the town hall during regular business hours. Any person shall be entitled to obtain copies of the application or petition and other materials upon reasonable request and payment of a fee to cover the actual costs of providing such copies.

(c)

Conduct of the hearing. Public hearings shall be conducted in the following manner:

(1)

Any person may appear at a public hearing, or may be represented by counsel or agent, and may submit documents, materials and other written or oral testimony either individually or as a representative of an organization. Each person who appears at a public hearing shall identify himself, give his address and state the name and mailing address of any organization he represents. The town council may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.

(2)

The town council conducting the hearing may continue the hearing to a fixed date, time and place.

(d)

Record of the hearing.

(1)

The transcript of testimony, when and if available, the minutes of the secretary, all applications, exhibits, documents, materials and papers submitted in any proceeding before the town council, and the report of the town planner shall constitute the record.

(2)

The town council conducting the hearing shall record the proceedings by any appropriate means; upon request of any person to the clerk and payment of a fee to cover the cost of transcription, the record may be transcribed and a copy provided to that person. If a sound recording is made, any person shall be entitled to listen to the recording at any reasonable time, or make copies at his own expense, at the town.

(3)

Any person shall be entitled to examine the record, at a reasonable time, or make copies at his own expense, at the town.

(e)

Action by town council. The town council shall render its decision within 45 days, unless stated otherwise in the Land Development Code.

(f)

Notification. Notification of the final decision on an application shall be mailed to all parties. A copy of the final decision shall be filed in the town.

(Ord. No. 2-91, § 12.02.09, 4-29-1991)

(a)

Preliminary development order. A preliminary development order shall contain the following:

(1)

An approved preliminary development order which may be subject to conditions and modifications with findings and conclusions.

(2)

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

(3)

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

(4)

With regard to the concurrency management requirements in chapter 54:

a.

The determination of concurrency.

b.

The time period for which the preliminary order is valid.

(b)

Final development order. A final development order shall contain the following:

(1)

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

(2)

An approved final development plan with findings and conclusions.

(3)

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

(4)

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

(5)

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

(Ord. No. 2-91, § 12.02.10, 4-29-1991)

(a)

Applicability.

(1)

The provisions of this section apply to all proposed developments in the town, including private road subdivisions.

(2)

Nothing in this section shall be construed as relieving a developer of any requirement relating to concurrency in chapter 54 of the Land Development Code.

(3)

This section does not modify existing agreements between a developer and the town for subdivisions platted and final development orders granted prior to May 1, 1991, providing such agreements are current as to all conditions and terms thereof.

(b)

Improvements agreements required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines and replacement trees shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

(1)

Agreement that all improvements, whether required by the Land Development Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of the Land Development Code.

(2)

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five years from the recording of the plat or 30 percent occupancy of the development, whichever comes first.

(3)

The projected total cost for each improvement. Cost for construction shall be determined by either of the following:

a.

Estimate prepared and provided by the applicant's engineer.

b.

A copy of the executed construction contract provided.

(4)

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

(5)

Agreement that upon failure of the applicant to make the required improvements or to cause them to be made according to the schedule for making those improvements, the town shall utilize the security provided in connection with the agreement.

(6)

Provision of the amount and type of security provided to ensure performance.

(7)

Provision that the amount of the security may be reduced periodically, but not more than two times during each year, subsequent to the completion, inspection and acceptance of improvements by the town.

(c)

Amount and type of security.

(1)

Security requirements may be met but are not limited to the following:

a.

Cashiers check.

b.

Certified check.

c.

Developer/lender/town agreement.

d.

Interest bearing certificate of deposit.

e.

Irrevocable letters of credit.

f.

Surety bond.

(2)

The amount of security shall be 110 percent of the total construction costs for the required developer-installed improvements. The amount of security may be reduced by the town commensurate with the completion and final acceptance of required improvements. In no case, however, shall the amount of the bond be less than 110 percent of the cost of completing the remaining required improvements.

(3)

Standard forms are available from the town clerk's office and approved by the town council.

(d)

Completion of improvements.

(1)

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is recommended by the town. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one copy of all test results.

(2)

As required improvements are completed and accepted, the developer may apply for release of all or a portion of the bond consistent with the requirement in subsection (c)(2) of this section.

(e)

Maintenance of improvements.

(1)

A maintenance agreement and security shall be provided to assure the town that all required improvements shall be maintained by the developer according to the following requirements:

a.

The period of maintenance shall be a minimum of three years.

b.

The maintenance period shall begin with the acceptance by the town of the construction of the improvements.

c.

The security shall be in the amount of 15 percent of the construction cost of the improvements.

d.

The original agreement shall be maintained by the town.

(2)

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the town a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

a.

When the proposed development is to be organized as a condominium under the provisions of F.S. ch. 718, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

b.

When no condominium is so organized, an owners' association shall be created, and all common facilities and property shall be conveyed to that association.

c.

No development order shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the town attorney.

(f)

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the town shall be created by covenants running with the land. Such covenants shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the town.

(Ord. No. 2-91, § 12.02.11, 4-29-1991)

(a)

Generally. Where proposed minor or major development includes the subdivision of land, the final approval of the development plan by the town shall be made contingent upon approval by the town council of a plat conforming to the development plan and the provisions of this section.

(b)

Filing with the town. After receiving plat-contingent final development plan approval, the developer shall submit to the town a plat conforming to the development plan and the requirements of F.S. ch. 177. Alternatively, the developer may submit a plat at any point in the development review process.

(c)

Review by the town. The town planner shall, within 30 days of receiving the plat, determine whether the plat conforms to the approved development plan and the requirements of F.S. ch. 177. If the town planner determines that the plat so conforms, it shall place the plat on the next available agenda of the town council allowing for required notice pursuant to section 58-22. If it does not conform, the town planner shall explain the deficiency in the plat to the developer and inform him that a corrected plat may be resubmitted for approval.

(d)

Review by town council. The town planner shall submit the recommendation to the town council. A conforming plat shall be approved by the town council and the town shall forthwith issue the development order allowing development to proceed.

(Ord. No. 2-91, §§ 12.03.01—12.03.04, 4-29-1991)

Removal of subdivision plans and plats by the town planner or the town council shall not constitute or effect an acceptance of the dedication of any street or any other ground shown upon the plat. The authority to accept dedications of land for whatsoever purpose shall be exercised exclusively by the town council.

(Ord. No. 2-91, § 12.04.01, 4-29-1991)

(a)

Generally. The town may approve a minor replat that conforms to the requirements of this section. Division of land among family members shall be excluded from the submittal and recordation requirements of this section.

(b)

Submittals. The town shall consider a proposed minor replat upon the submittal of the following materials:

(1)

An application form provided by the town.

(2)

Three paper copies of the proposed minor replat.

(3)

A statement indicating whether water and/or sanitary sewer service is available to the property; and

(4)

Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division shall be prepared by a professional land surveyor registered in the state. If a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application.

(c)

Review procedure.

(1)

The town shall transmit a copy of the proposed minor replat to any other appropriate departments of the town for review and comments.

(2)

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the town shall approve the minor replat by signing the application form.

(d)

Recordation. Upon approval of the minor replat, the town shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the official records of the town and the county.

(Ord. No. 2-91, § 12.05.01, 4-29-1991)

(a)

Standards. All minor replats shall conform to the following standards:

(1)

Each proposed lot must conform to the requirements of the Land Development Code.

(2)

Each lot shall abut a public or private street except as provided in these provisions for the required minimum lot dimensions for the land use district where the lots are located.

(3)

If any lot abuts a street right-of-way that does not conform to the design specification provided in, or adopted by reference in, the Land Development Code, the owner may be required to dedicate one-half the required right-of-way width necessary to meet the minimum design standards.

(b)

Restriction. No further division of an approved minor replat is permitted under this section, unless a development plan is prepared and submitted in accordance with this chapter.

(Ord. No. 2-91, § 12.05.02, 4-29-1991)

(a)

Any dedication or conveyance of real property for the purpose of streets, rights-of-way, access, ingress and egress, utilities and drainage which has been made on or by a plat, easement, deed, or other instrument of any kind which instruments have been approved by the town council for filing of record in the official records of the town and the county or which instruments conveys any interest in real property to the town is hereby deemed to be under the jurisdiction and control of the town for the purposes of the vacation, annulment, and/or abandonment of plats, or portions thereof, rights-of-way and easements for utility and drainage purposes.

(b)

The provisions of this section shall apply to all plats, rights-of-way and easements under the jurisdiction and control of the town.

(c)

The procedures set forth in this section shall apply to applications pursuant to F.S. § 177.101(1) and (2), and to all applications for vacating plats, or any portions thereof, including public easements, pursuant to F.S. § 177.101(3), Any petition to vacate a plat, or portion thereof, which plat, or portion thereof, contains private rights-of-way shall not require a public hearing; provided, however, that a public hearing shall be required if the petition site includes a town right-of-way or public easement for drainage purposes which services a town right-of-way.

(Ord. No. 2-91, § 12.06.01, 4-29-1991)

(a)

Petitioners for abandonment of plats. Any person, government entity or business entity desiring to abandon a plat, or any portion thereof, including public easements, shall be required to make application to the town pursuant to F.S. § 177.101, and the provisions of this section. The application shall be on a petition form prescribed by the town and the information contained therein shall be verified by the petitioner under oath. Unless initiated by the town, the petition shall be signed by all owners of any portion of the petition site.

(b)

Petitions for abandonment of rights-of-way. Any person, governmental entity or business entity desiring to abandon the public's interest in and to any right-of-way shall be required to make application to the town pursuant to this section. The application shall be on the petition form prescribed by the town and the information contained therein shall be verified by the petitioner under oath. Unless initiated by the town, any petition for abandonment of rights-of-way shall be signed by all owners of abutting property.

(c)

Application fee. The application fee shall be determined in accordance with section 58-66.

(Ord. No. 2-91, § 12.06.02, 4-29-1991)

No right-of-way, road, street or public accessway giving access to any publicly accessible waters in the town, shall be closed, vacated or abandoned except in those instances wherein the petitioner offers to trade or give to the town comparable land or lands for a right-of-way, road, street, or public accessway to give access to the same body of water, such access to be of such condition as not to work a hardship to the users thereof, the reasonableness of the distance and comparable land being left to the discretion of the town council.

(Ord. No. 2-91, § 12.06.03, 4-29-1991)

Immediately prior to filing the petition to vacate a plat with the town, the petitioner shall cause to be published a notice of intent in a newspaper of general circulation in the town once weekly for two consecutive weeks. Such notice of intent shall state the intent of the petitioner to file a petition pursuant to this section and F.S. ch. 177.

(Ord. No. 2-91, § 12.06.04, 4-29-1991)

In addition to any other information, the petition shall contain the following:

(1)

A complete and accurate legal description of the petition site.

(2)

A statement identifying the type of petition, the source of the town's or public's interest, together with a reference to the recording information for the petition site. The type of petition may be for abandonment of:

a.

A plat;

b.

A portion of a plat;

c.

A town right-of-way;

d.

The public's interest in a private right-of-way; or

e.

A public easement.

(3)

A drawing measuring not less than eight inches by 14 inches and not larger than 11 inches by 17 inches which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way, excluding the petition site, and all affected properties. The location map may be located on the survey in a separate block.

(4)

The petition shall contain a statement that to the best of the petitioner's knowledge, the granting of the petition would not affect the ownership or right of convenient access of persons owning other parts of the subdivision.

(5)

The petitioner shall certify that the petition site, or any portion thereof, is not a part of any state or federal highway and was not acquired or dedicated for state or federal highway purposes.

(6)

The petition shall state the source of petitioner's ownership or interest in and to the petition site, and a reference to the recording information for same. A copy of the source instrument shall be certified by the town and attached to the petition.

(7)

The petition shall state that all state, county, and municipal taxes on the petition site have been paid. The certificate of the tax collector's office showing payment of same as payment is defined in F.S. § 177.101.4, shall be attached to the petition. If the petition site or any portion thereof is tax exempt, the petition shall so state and a copy of the tax roll from the tax collector's office which shows such exemption shall be attached to the petition.

(8)

The petition shall state whether the petition site lies within the corporate limits of a municipality, within the unincorporated area, or both. If any portion of the petition site lies within the corporate limits of a municipality, the municipality shall first abandon its interest in the petition site by appropriate resolution, and a certified copy of the municipal resolution shall be attached to the petition.

(9)

The petition shall state whether the petition site is subject to the application fee in accordance with section 58-66, the amount of the fee, and that the fee is submitted herewith.

(10)

The petition shall detail the relevant reasons in support of the request and granting of the petition.

(Ord. No. 2-91, § 12.06.05, 4-29-1991)

(a)

Review and notification. Each petition shall be reviewed by the town planner, and any other governmental agency, as necessary. Within 20 days of receipt of the petition, the town planner shall submit a written report containing its findings and recommendations to the town council. Upon receipt of all written reports, the town council shall review the petition and reports and shall notify the petitioner in writing of any reasonable conditions to be performed. Within 60 days of receipt of the town's notification, the petitioner shall either comply with, agree and commit in writing to the conditions, or disagree in writing to the conditions. Failure to respond to the town's notification may result in a recommendation to deny the petition by the town.

(b)

Review by town council. After expiration of the 60-day period above or sooner, if conditions are not imposed, or, if imposed, are responded to by the petitioner in the manner set forth above, the town planner shall forward the petition together with the written reports and recommendations of same to the town council for their review in accordance with this section. The town shall set the petition for public hearing in accordance with section 58-23 unless the petition is not subject to a public hearing. If a public hearing is not required, upon its review, the town council shall adopt a resolution either approving or denying the petition. The council may reject a petition if a petition covering the same lands had been considered at any time within six months of the date the later petition is submitted.

(Ord. No. 2-91, § 12.06.06, 4-29-1991)

(a)

Generally. Pursuant to F.S. § 336.10, a public hearing shall be held for any petition for abandonment which affects town right-of-way and public easements for drainage which service a town right-of-way.

(b)

Time and place of hearing. The town council hereby exercises their authority, as set forth in F.S. § 336.09, by authorizing and directing the town clerk to establish a definite time and place to hold the public hearing required by F.S. § 336.10, and this section and to publish the notice of the hearing.

(c)

Publication of notice of public hearing. Advertisement of such public hearing shall be as set forth in section 58-22.

(d)

Posting of notice of public hearing. The town clerk shall notify the petitioner of the date and time of the public hearing and shall direct the petitioner to post the property with a notice of petition to vacate. The petitioner shall place the notice in a conspicuous and easily visible location, abutting a public thoroughfare when possible, on the subject property at least ten days prior to the public hearing.

(e)

Mailing of notice of public hearing. The town clerk shall mail a copy of the notice of public hearing to all affected property owners as described in section 58-22.

(f)

Notice of adoption of resolution. If the town council shall, by resolution, grant the petition, notice thereof shall be published one time within 30 days following the date of adoption of such resolution in a newspaper of general circulation published in the town. The proof of publication of the notice of the adoption of the resolution, and a copy of the resolution shall be recorded in the public/official records.

(Ord. No. 2-91, § 12.06.07, 4-29-1991)

(a)

For town rights-of-way. Upon the recordation of the proof of publication of notice of public hearing, proof of publication of the notice of adoption of the resolution, and a copy of the resolution in the public records, the interest of the right-of-way so closed shall be vested in accordance with provisions of F.S. § 336.12.

(b)

For plats, or portions thereof. Recordation in the public records of resolutions approving abandonment of a plat or a portion thereof shall have the effect of vacating all streets and alleys in accordance with F.S. § 177.101(5), and shall either return the vacated property to the status of unplatted acreage or shall vacate the first plat in accordance with F.S. § 177.101(1) or (2).

(Ord. No. 2-91, § 12.06.08, 4-29-1991)

Application for a development permit shall be made to the town on a form provided by the town and may be acted upon by the town without public hearing or notice. No portion of permit fees will be refunded if the permit becomes void.

(Ord. No. 2-91, § 12.07.01, 4-29-1991)

The erection, alteration or reconstruction of any building or structure, including signs, shall not be commenced without obtaining a building permit from the county and/or the town. No building permit shall be issued for development without written certification that plans submitted conform to applicable regulations. A site clearing permit may only be obtained prior to the issuance of a building permit upon the posting of a bond equal to or greater than 110 percent of the estimated cost of site restoration. The erection, alteration, reconstruction or conversion of any sign shall not be commenced without obtaining a sign permit where applicable.

(Ord. No. 2-91, § 12.07.02(A), 4-29-1991)

(a)

Building and site clearing permits shall expire and become null and void if work authorized by such permits is not commenced, having called for and received a satisfactory inspection, within six months from the date of issuance of the permit, or if the work is not completed within one year from the date of issuance of the building permit, except that the time may be extended by the town, subject to compliance with the provisions of section, if any of the following occur:

(1)

A time schedule has been submitted and approved by the town, predicated upon customary time for construction of similar buildings, prior to the issuance of the building permit, indicating completion of construction in excess of one year;

(2)

The developer furnishes the town satisfactory evidence in writing that the delay is due to the unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications;

(3)

The delay is due to delay in delivery of construction supplies or materials; or

(4)

The delay is due to fire, weather conditions, civil commotion or strike.

(b)

Increased costs of building materials or supplies or financial hardship shall not be considered by the town as cause for continuation of the building permit. Subject to the provisions of subsection 54-2(c), pertaining to the expiration of certificate of concurrency, the time may be extended by the town.

(c)

In order to continue construction once a building or site clearing permit becomes null and void or expires, the permittee shall reapply and obtain a new building permit covering the proposed construction before proceeding with construction. The permittee shall comply with all regulations in existence at the time application is made for a new or site clearing permit.

(d)

Any building or site clearing permit issued prior to the effective date of the Land Development Code shall expire and become null and void 18 months from the date of issuance thereof unless construction is delayed for reasons enumerated in subsection (b) of this section and the contractor so notifies the town in writing in accordance with subsection (b) of this section provided, a schedule may be submitted for approval within 30 days from the effective date of the Land Development Code for any construction presently underway requiring in excess of 18 months to complete.

(e)

Signs must be placed within six months of obtaining the permit or the permit is voided and a new permit must be issued unless the permit is extended by the town. Final inspection must be called for by the applicant within the six-month time period, or the permit is voided. Identification numbers issued with sign permits must be displayed on the sign itself. Sign permits need not be renewed as long as the sign exists in its approved form in the same location.

(f)

Licensed real estate brokers or contractors may obtain multiple permits for signs with each sign requiring a permit.

(Ord. No. 2-91, § 12.07.02, 4-29-1991)

(a)

Generally. Any person seeking to construct or reconstruct any curb cut or driveway on any town maintained public road in the incorporated areas of the town shall submit a permit application to the town.

(b)

Contents. The original and two copies of the permit application shall be submitted to the town and include the following information:

(1)

Name and address of the owner of the property on which the driveway is proposed to be located.

(2)

Except for one- and two-family residences, a set of detailed plans for the proposed driveway or curb cut including the site development plan if applicable.

(3)

Except for one- and two-family residences, estimated cost of the alteration.

(4)

Approval from the state department of transportation, if applicable.

(5)

Payment of the applicable fee.

(6)

All other information deemed necessary by the town for the reasonable review of the proposed driveway connection.

(c)

Procedure for review of driveway permit applications. Within 45 days after the application has been submitted, the town planner shall review the application and determine if it is complete. If the town planner determines that the application is incomplete, it shall send the applicant a written statement specifying the deficiencies, and shall take no further action unless the deficiencies have been remedied. Within 45 days after the town planner has determined an application complete, the town council shall approve, approve with conditions, or deny the application based upon the standards in section 66-59. Notification of the decision shall be mailed to the applicant and filed in the office of the town.

(Ord. No. 2-91, § 12.07.03, 4-29-1991)

(a)

Generally. Temporary uses and structures are permitted subject to the standards established in this section provided that a permit for such use or structure is obtained from the town. Temporary real estate sales offices and construction trailers located on the same parcel as the development may be approved as part of a building permit application. Temporary sales offices in new subdivisions must comply with the standard building Code and the parking area must comply with the trailers and may only be permitted for a specified period of time provided they are located off the public right-of-way. Construction trailers are not required to comply with the building code requirements. However, the building must provide reasonable safety for the intended use and additional permits for electrical or plumbing shall be obtained as necessary to serve the temporary building.

(b)

Permissible temporary uses and structures. Permissible temporary uses and structures requiring a temporary use permit include the following:

(1)

Indoor and outdoor art and craft shows, bazaars, carnivals, revivals, circuses, sports events and exhibits provided that no more than six events of a maximum of five days each are conducted on the same property during any calendar year.

(2)

Christmas tree sales provided that no such use shall exceed 60 days.

(3)

Other temporary uses and structures which are, in the opinion of the town, consistent with the comprehensive plan and the provisions of the Land Development Code.

(Ord. No. 2-91, § 12.07.04, 4-29-1991)

(a)

Generally. Town right-of-way use permits are required for the use of town right-of-way or easements for the construction, installation or maintenance of any public or private utility, roadway or any other facility, structure, driveway, culvert, drainage system, pavement, easements or object in the right-of-way approved by the town council other than those constructed or maintained by the town.

(b)

Exemptions. No permit shall be required for the following:

(1)

Construction of water, sewer, power, telephone or gas utilities in subdivisions in accordance with engineering drawings approved by the town where such construction will be completed prior to acceptance of a road right-of-way by the town.

(2)

Repairs of previously permitted utilities in the right-of-way; provided, however, such repairs do not require cutting of any pavement, including curbs and driveways or excavation requiring restoration involving seeding or mulching and/or sodding.

(c)

Prohibitions. The following shall be prohibited within a town right-of-way:

(1)

Construction of masonry or other substantial structures other than for permitted utilities.

(2)

Private signs.

(d)

Application procedures. Applications for a permit, accompanied by the appropriate fee, shall be submitted to the town planner. The application shall be on a form approved and designated by the town and in accordance with the procedure established by the town. The town planner shall, upon request for a permit application, provide to the applicant a copy of the current right-of-way utilization application procedures. All right-of-way use permits shall meet the specifications and guidelines set forth in the Land Development Code.

(e)

Compliance requirements. Applicants for right-of-way use permits shall comply with the following requirements:

(1)

Submittals. The following information shall be provided by applicants for all town permits under this chapter: the name, local address and phone number of applicant, the date, the precise description of the work proposed, including three copies of drawing of the intended construction, the location of the work, any special conditions, a maintenance traffic plan and any other submittals and information as may be required by the town to reasonably exercise authority as specified under this section.

(2)

Insurance. Unless specifically required by the town council, the permit shall not be effective for any purpose whatsoever until the applicant, or his designated representative, delivers to the town a certificate of liability insurance evidencing bodily injury and property damage coverage equal to or in excess of the following limits: $100,000.00 per person; $300,000.00 per occurrence; and $50,000.00 property damage. The certificate of insurance shall name the town as an additional insured, shall be effective for all period of work covered by this use permit, and shall be in a form and issued by an insurance company acceptable to the town.

(f)

Approving authority. The town shall have the authority to approve, approve with conditions or deny applications.

(g)

Time limit. The permit shall be considered valid for 60 days beginning on the date of issuance. If work does not commence by the 60th day, the permit shall be considered void and reapplication will be necessary. Work must be completed by the completion date indicated on the application. Work not completed by the completion date will be subject to a stop work order, reapplication, additional fee or other remedy as may be required by the town council.

(h)

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

(i)

Utilities. Notwithstanding any other provisions of the Land Development Code, the town reserves the right to require utility lines of all kinds to be constructed and installed beneath the surface of the ground as a condition on the issuance of a right-of-way utilization permit, provided that no bulk electric power supply lines, including, but not limited to, transmission lines and primary distribution feeder lines shall be required to be placed underground unless directed by the town council.

(Ord. No. 2-91, § 12.07.05, 4-29-1991)

(a)

Generally. Unless otherwise provided in the Land Development Code, no person shall remove any protected tree from any lot or parcel of land or portion thereof within the corporate limits of the town without first obtaining a tree removal permit from the town unless exempt pursuant to sections 86-184—86-189.

(b)

Permit application and other administrative requirements. Any person desiring a tree removal permit shall make written application to the town upon forms provided by the town planner.

(1)

The application form shall be accurately completed, signed and notarized by the landowner or his agent. If the application is submitted by an agent, it shall include a notarized agency agreement clearly indicating that the landowner has delegated full authority to apply for the permit and to accept the terms of any special conditions which may be imposed by the town in accordance with this chapter. The application shall include the name, address and telephone number of the landowner and his agent.

(2)

Each application for a tree removal permit shall be accompanied by a generalized tree inventory which shall consist of a survey based upon the most current available information. The survey shall show the approximate location, extent and type of protected trees upon the site, including common or scientific names of the major groups of trees. The survey shall indicate which protected trees are intended for removal and/or grubbing and which will be left undisturbed. For nonresidential and multifamily development, the survey may be in the form of an aerial or a field survey, and shall be accompanied by photographs illustrating areas of trees. For individual single-family or duplex developments, the survey may be in the form of hand drawn sketches accompanied by photographs of existing conditions. If site development plans have been prepared, the survey shall be prepared to the same scale or in some other manner which clearly illustrates the relationships between areas of protected trees and proposed site improvements. If site development plans are available, the survey shall be prepared to a convenient scale which clearly reveals the extent of protected trees upon the site. The requirements of subsection 58-12(5) shall be met for those applications not requiring a site development plan.

(3)

The town may require that the application include such additional information which is reasonable and necessary for adequate administration of this section.

(4)

Three copies of the application and accompanying documents shall be submitted.

(5)

The completed application shall be accompanied by an application fee.

(6)

The filing of an application shall be deemed to extend permission to the town to inspect the subject site if necessary for purpose of evaluating the application.

(7)

For those applications which are not being processed concurrently with a site development plan, the town planner shall review each complete application and shall render a decision within 30 days of acceptance. If no decision is made within the indicated time period, the permit shall be deemed to have been granted in accordance with the information on the application. If the permit is not issued, the town planner shall state in writing the reasons for denial and advise the applicant of any appeal remedies available. For good cause, the town may request one extension from the applicant of an additional 30 days in which to make a determination, provided the extension is requested prior to expiration of the initial 30-day period.

(8)

Any permit issued under this provision shall remain valid for a term of six months and may be renewable for a second six-month period upon request to the town provided such request occurs prior to the expiration date of the initial permit. The town planner may require reapplication and full review in those renewal cases where site conditions have changed significantly from the date of issuance of the initial permit as a result of natural growth of trees and vegetation, or high winds, hurricane, tornado, flooding, fire or other acts of nature. If a permit required by this section has been issued concurrently with a bona fide site development plan, then such permit shall run concurrently with the bona fide site development plan and shall be renewed together therewith.

(9)

Tree removal permits shall automatically expire and become void if the work authorized by such permit is not commenced within six months after the date of the permit.

(10)

Tree removal permits shall expire and become void if authorized removal work, once commenced, is suspended, discontinued or abandoned for a period equal to or greater than 6 months.

(11)

If a tree removal permit expires or becomes void after work has commenced, a new permit shall be obtained before work is resumed.

(12)

A permit shall be prominently displayed upon the site.

(c)

Enforcement and penalties.

(1)

Enforcement, penalties, appeals and remedy of matters related to this section shall be the responsibility of the town.

(2)

Each person who commits, attempts to commit, conspires to commit or aids and abets in the commission of any act declared herein to be in violation of this section whether individually or in connection with one or more persons, or as a principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly, or willfully entices, causes, coerces, requires, permits or directs another to violate any provision of this section is likewise guilty of such offense.

(3)

Each individual protected tree unlawfully removed or grubbed under the provisions of the Land Development Code shall constitute a separate offense.

(4)

Each day that a violation of this section is continued or permitted to exist without compliance shall constitute a separate offense.

(5)

No preliminary development orders, final development orders or development permits shall be issued to any violator of this section until the violation have been properly abated to the satisfaction of the town.

(6)

In any enforcement proceeding, the adjudicating body may consider mitigating measures voluntarily undertaken by the alleged violator such as replacement or relocation of protected trees or other landscaping improvements, in fashioning its remedy, in addition to or in lieu of other penalties provided by law. Such body may also require such restorative measures in addition to or in lieu of other penalties provided by law.

(Ord. No. 2-91, § 12.07.06, 4-29-1991)

(a)

Generally. The purpose of this section is to establish a system for licensing business activities which produce hazardous waste, and to provide for the collection of fees necessary to pay the town's expenses of issuing such permits and verifying the management practices of small quantity generators of hazardous waste.

(b)

Registration and permit required. No person shall be a small quantity hazardous waste generator without possessing a current hazardous waste generator's permit issued pursuant to the Land Development Code.

(c)

Application for and issuance of permits. An application for a hazardous waste generator's permit must be submitted to the town in the form and manner prescribed by the town. The town shall issue the permit upon receipt of a complete application and payment of the applicable fee.

(d)

Term and scope of permit. A hazardous waste generator's permit shall be valid for a period of one year. All small quantity hazardous waste generators within town must apply for and receive a valid hazardous waste generator's permit prior to November 1 of each year. The permit document shall identify the specific activity or facility permitted, the specific location or locations at which such activity or facility is to be conducted or operated, and the person or persons to whom the permit is issued. The permit shall be valid only for the identified activities or facilities conducted or operated at the identified locations by the identified persons and shall be valid to the next November 1 at which time a renewal application shall be made.

(e)

Generation or transportation of hazardous waste without a valid permit. The generation of hazardous waste by any person or persons not holding a valid unrevoked permit for purposes or in positions specified in the Land Development Code is unlawful and subject to penalties.

(f)

Revocation of permit. The hazardous waste generator's permit may be revoked by the town council upon a finding that the identified activities or facilities or the identified location on the application for the permit are substantially different than the actual activities or facilities of the permit holder.

(Ord. No. 2-91, § 12.08.01, 4-29-1991)

The procedures in this part shall be followed in amending the comprehensive plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

(Ord. No. 2-91, § 12.09.01, 4-29-1991)

(a)

Generally. Any person, board or agency may apply to the town to amend the comprehensive plan in compliance with procedures, not inconsistent with state law, prescribed by the town.

(b)

Submittals.

(1)

Generally. The application shall include the following information:

a.

The applicant's name and address;

b.

If the application requests an amendment to the text of the Land Development Code, the precise wording of any proposed amendments to the text of the Land Development Code shall be provided;

c.

A statement describing any changed conditions that would justify an amendment;

d.

A statement describing why there is a need for the proposed amendment;

e.

A statement describing whether and how the proposed amendment is consistent with the town comprehensive plan;

f.

A statement outlining the extent to which the proposed amendment:

1.

Is compatible with existing land uses;

2.

Affects the capacities of public facilities and services;

3.

Affects the natural environment;

4.

Will result in an orderly and logical development pattern.

g.

If the application requests an amendment to the future land use map, the applicant shall include:

1.

The street address and legal description of the property proposed to be reclassified;

2.

The applicant's interest in the subject property;

3.

The owner's name and address, if different than the applicant;

4.

The current land use district classification and existing land use activities of the property proposed to be reclassified;

5.

The area of the property proposed to be reclassified, stated in square feet or acres.

(2)

Such other information or documentation as the town may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

(Ord. No. 2-91, § 12.09.02, 4-29-1991)

In reviewing the application of a proposed amendment to the town comprehensive plan, the town council shall consider:

(1)

Whether the proposed amendment is in conflict with any applicable provisions of the Land Development Code;

(2)

Whether the proposed amendment is consistent with all elements of the town comprehensive plan;

(3)

Whether, and the extent to which the proposed amendment is inconsistent with existing and proposed land uses;

(4)

Whether there have been changed conditions that required an amendment;

(5)

Whether, and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including, but not limited to roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities;

(6)

Whether, and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment;

(7)

Whether, and the extent to which the proposed amendment would adversely affect the property values in the area;

(8)

Whether, and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern;

(9)

Whether the proposed amendment would be in conflict with the public interest, and in harmony with the purpose and interest of the Land Development Code; and

(10)

Any other matters that may be deemed appropriate by the town council, in review and consideration of the proposed amendment.

(Ord. No. 2-91, § 12.09.03, 4-29-1991)

(a)

Submission and completeness. Within 30 days after an application for an amendment to the text of the Land Development Code or an application for an amendment to the town comprehensive plan is submitted, the town planner shall determine whether the application is complete. If the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by certified mail, return receipt requested. The town planner shall take no further action on the application unless the deficiencies are remedied.

(b)

Review. When the town planner determines an application for an amendment to the town comprehensive plan is complete, he shall notify the town council.

(Ord. No. 2-91, § 12.09.04, 4-29-1991)

Upon notification of the completed application for an amendment to the town comprehensive plan, the town planner shall place it on the agenda of a regular or special meeting for a public hearing in accordance with the requirements of section 58-22. The public hearing held on the application shall be in accordance with section 58-22. However, public hearings to consider amendments involving a change in the type or designation of land use, or the allowable development within such land uses, may not be made more than two times during any calendar year except:

(1)

In the case of an emergency, comprehensive plan amendments may be made more often than twice during any calendar year if the additional plan amendment receives the approval of all of the members of the town council. The term "emergency" means any occurrence or threat thereof whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds.

(2)

Any comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to the limits on the frequency of consideration of amendments to the comprehensive plan under the following conditions:

a.

The proposed amendment is a residential land use of five acres or less and a density of five units per acre or less or involves other land use categories, singularly or in combination with residential use, of three acres or less;

b.

The cumulative effect of the above condition shall not exceed 30 acres annually; and

c.

The proposed amendment does not involve the same landowner's property within 200 feet of the property granted a change within the preceding 12 month period.

(3)

Within 45 days of the conclusion of the public hearing, the town planner shall make a recommendation to grant or deny the application for amendment to the town council. Such recommendation shall:

a.

Identify any provisions of the Land Development Code, comprehensive plan or other law relating to the proposed change and describe how the proposal relates to them.

b.

State factual and policy considerations pertaining to the recommendation.

c.

In the case of proposed amendments to the Land Development Code, include the written comments, if any, received from the town.

(a)

Upon receipt of the recommendation of the town planner, the town council shall place the application on the agenda of a regular meeting of the town council for a public hearing in accordance with the requirements of section 58-22.

(b)

In making a decision on the application, the town council shall consider the recommendation of the town planner and the standards in section 58-56.

(c)

Within a reasonable time of the conclusion of the public hearing, the town council shall either grant or deny the application for a proposed amendment.

(d)

Notification of the town council's decision shall be mailed to all parties, and the decision shall be filed in the town in accordance with section 58-23.

(Ord. No. 2-91, § 12.09.06, 4-29-1991)

(a)

After a decision or recommendation denying a proposed amendment to the text of the Land Development Code or a proposed amendment to the town comprehensive plan, the town council and the town planner shall not consider an application for the same amendment for a period of two years from the date of the action.

(b)

The time limits of this section may be waived by the affirmative vote of a majority of the members of the town council when such action is deemed necessary to prevent injustice or facilitate the proper development of the town.

(Ord. No. 2-91, § 12.09.07, 4-29-1991)

The town planner shall provide a semiannual report to the state land planning agency by July 1 and by December 31 of each calendar year summarizing the type and frequency of plan amendments and the action taken on each by the town council.

(Ord. No. 2-91, § 12.09.08, 4-29-1991)

The procedure for amendment of the comprehensive plan for large scale development activities shall be as for the original adoption of the comprehensive plan or element as set forth in F.S. § 163.3184. The comprehensive plan may only be amended in such a way as to preserve the internal consistency of the comprehensive plan pursuant to F.S. § 163.3177(2). Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not be deemed to be amendments.

(Ord. No. 2-91, § 12.09.09, 4-29-1991)

The procedures in sections 58-55—58-61 shall be followed in amending the Land Development Code. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

(Ord. No. 2-91, § 12.10.01, 4-29-1991)

(a)

Generally. Any person, board or agency may apply to the town to amend the Land Development Code of the comprehensive plan in compliance with procedures, not inconsistent with state law, prescribed by the town.

(b)

Submittals. The application shall include the following information:

(1)

The applicant's name and address;

(2)

A statement describing any changed conditions that would justify an amendment;

(3)

A statement describing why there is a need for the proposed amendment;

(4)

A statement describing whether and how the proposed amendment is consistent with the town comprehensive plan;

(5)

A statement outlining the extent to which the proposed amendment:

a.

Is compatible with existing land uses;

b.

Affects the capacities of public facilities and services;

c.

Affects the natural environment;

d.

Will result in an orderly and logical development pattern.

(6)

Such other information or documentation as the town may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

(Ord. No. 2-91, § 12.10.02, 4-29-1991)

In reviewing the application of a proposed amendment to the text of the Land Development Code, the town council shall consider:

(1)

Whether the proposed amendment is in conflict with any applicable provisions of the Land Development Code;

(2)

Whether the proposed amendment is consistent with all elements of the town comprehensive plan;

(3)

Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses;

(4)

Whether there have been changed conditions that require an amendment;

(5)

Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including, but not limited to, roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools and emergency medical facilities;

(6)

Whether and to the extent to which the proposed amendment would result in significant adverse impacts on the natural environment;

(7)

Whether and the extent to which the proposed amendment would adversely affect the property values in the area;

(8)

Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern;

(9)

Whether the proposed amendment would be in conflict with the public interest, and in harmony with the purpose and interest of the Land Development Code; and

(10)

Any other matters that may be deemed appropriate by the town council or the town planner, in review and consideration of the proposed amendment.

(Ord. No. 2-91, § 12.10.03, 4-29-1991)

(a)

Submission and completeness. Within 30 days after an application for an amendment to the text of the Land Development Code or an application for an amendment to the town comprehensive plan is submitted, the town planner shall determine whether the application is complete. If the application is not complete, the town planner shall send a written statement specifying the application's deficiencies to the applicant by certified mail, return receipt requested. The town planner shall take no further action on the application unless the deficiencies are remedied.

(b)

Review. When the town planner determines an application for an amendment to the land development code is complete, the town planner shall review the application and make a recommendation to the town council.

(Ord. No. 2-91, § 12.10.04, 4-29-1991)

(a)

Public hearing. Upon notification of the completed application for an amendment to the text of the Land Development Code, the town planner shall place it on the agenda of a regular or special meeting for a public hearing in accordance with the requirement's of section 58-22. The public hearing held on the application shall be in accordance with section 58-23. In recommending the application to the town council, the town planner shall consider the standards in section 58-56.

(b)

Recommendations for grant of denial. Within 45 days of the conclusion of the public hearing, the town planner shall make a recommendation to grant or deny the application for amendment to the town council. Such recommendation shall:

(1)

Identify any provisions of the Land Development Code, comprehensive plan or other law relating to the proposed change and describe how the proposal relates to them.

(2)

State factual and policy considerations pertaining to the recommendation.

(3)

In the case of proposed amendments to the Land Development Code, include the written comments, if any, received from the town.

(Ord. No. 2-91, § 12.10.05, 4-29-1991)

(a)

Upon receipt of the recommendation of the town planner, the town council shall place the application on the agenda of a regular meeting of the town council for a public hearing in accordance with the requirements of section 58-23.

(b)

In making a decision on the application, the town council shall consider the recommendation of the town planner and the standards in section 58-56.

(c)

Within a reasonable time of the conclusion of the public hearing, the town council shall either grant or deny the application for a proposed amendment.

(d)

Notification of the town council's decision shall be mailed to all parties, and the decision shall be filed in the town in accordance with section 58-23.

(Ord. No. 2-91, § 12.10.06, 4-29-1991)

(a)

After a decision or recommendation denying a proposed amendment to the text of the Land Development Code or a proposed amendment to the town comprehensive plan, the town council and the town planner shall not consider an application for the same amendment for a period of two years from the date of the action.

(b)

The time limits of this section may be waived by the affirmative vote of four members of the town council when such action is deemed necessary to prevent injustice or facilitate the proper development of the town.

(Ord. No. 2-91, § 12.10.07, 4-29-1991)

A developer or any adversely affected person may appeal an order, decision, determination or interpretation of the comprehensive plan by the town subject to an appeal, specifying the grounds for the appeal in writing. Appeals are made to the town council by filing a notice of appeal with the town planner within 30 days of the decision. Other appeals, including to an order, decision, determination or interpretation of the town Land Development Code by the town are made to the town in the same manner.

(Ord. No. 2-91, § 12.11.01, 4-29-1991)

The record to be considered on appeal shall be all written materials considered during the initial decision, any additional written material submitted by the appellant to the town, and any testimony considered on the hearing of the appeal.

(Ord. No. 2-91, § 12.11.02, 4-29-1991)

The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the town council certifies that by reason of certain facts, a stay would impose an imminent peril to life or property; in such case, the appeal will not stay any further proceedings except by a restraining order.

(Ord. No. 2-91, § 12.11.03, 4-29-1991)

(a)

The town council shall hold a hearing on the appeal within a reasonable time after a notice of appeal is filed. The appellant shall be notified by the town of the time, date and place of the public hearing by certified mail, return receipt requested. The town council shall reverse the order, decision, determination or interpretation only if there is substantial competent evidence in the record that an error was made in the decision being appealed from that which fails to comply with the requirements of the Land Development Code. In so modifying such decision, the town council shall be deemed to have all powers of the officer or board from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

(b)

The decision of the town council shall be mailed to all parties by the town.

(Ord. No. 2-91, § 12.11.04, 4-29-1991)

Any person claiming to be injured or aggrieved by any final action of the town or the town council arising from the decision-making or administration of the Land Development Code may present to the court of competent jurisdiction a petition for a writ of certiorari to review such final action as provided by the state appellate rules. Such action shall not be taken until the litigant has exhausted all the remedies available in the Land Development Code. Such petition shall be presented to the court within 30 days after the date the litigant has exhausted all such Code remedies.

(Ord. No. 2-91, § 12.11.05, 4-29-1991)

A schedule of fees may be established by resolution of the town council in order to cover the costs of technical and administrative activities required pursuant to the Land Development Code. Unless specifically exempted by the provisions of the Land Development Code, an applicant for any development that is subject to the rules and regulations set out in the Land Development Code shall bear the costs stipulated within such fee schedule.

(Ord. No. 2-91, § 12.12.00, 4-29-1991)

(a)

Minor deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

(1)

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

(2)

Reduction of the total amount of open space by not more than five percent, or a reduction of the yard area or open space associated with any single structure by not more than five percent; provided that such reduction does not permit the required yard area or open space to be less than that required by the Land Development Code.

(b)

Major deviations. A major deviation is a deviation other than a minor deviation, from the final development plan.

(Ord. No. 2-91, § 12.13.01, 4-29-1991)

(a)

Inspection. The town shall utilize the code enforcement officer for periodic inspection of development work in progress to ensure compliance with the development permit which authorized the activity.

(b)

Minor deviations. If the work is found to have one or more minor deviations, the town shall amend the development order to conform to actual development. The town may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of the Land Development Code to the town for treatment as a major deviation.

(c)

Major deviations.

(1)

If the work is found to have one or more major deviations the town planner shall:

a.

Place the matter on the next agenda of the town council allowing for adequate notice, and recommend appropriate action for the town council to take.

b.

Issue a stop work order or other legal action available to remedy the deviation and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the town determines that work or occupancy may proceed pursuant to the decision of the town council.

c.

Refer the matter to the code inspector, if it appears that the developer has committed violations within the jurisdiction of the code enforcement board.

(2)

The town shall hold a public hearing on the matter and shall take one of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time specified by the council. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of the Land Development Code.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

(d)

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(Ord. No. 2-91, § 12.13.02, 4-29-1991)

Upon completion of work authorized by a development order or permit, and before the development is occupied, the developer shall apply to the county and/or the town. The county and/or the town shall have the work inspected and issue the certificate if found to be in conformity with the permit or order.

(Ord. No. 2-91, § 12.13.03, 4-29-1991)