REVIEW OF SITE DEVELOPMENT PLANS
Prior to filing for development plan review, the developer shall meet with the Development Administrator to discuss the development review process. 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 pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form. The preapplication conference may be waived at the option of the Development Administrator.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Application. Applications for development review which shall be required prior to the issuance of all Final Development Orders, except those exempted under Section 10.01.04 of this Code shall be available at the Planning Department. 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.
B.
Submittal Requirements Based on Development Plan Designation. 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 general, minor, or major, the greater the amount of information required. The following list describes the applicable submittal requirements for specific development plans. A determination of the applicability of specific requirements shall be made by the development Administrator.
1.
General Plan requirement. These shall be mandatory for all development plans.
2.
Minor Review Requirements. These shall be mandatory for major and minor development plans.
3.
Major Review Requirements. Tliese shall be mandatory only for major development plans.
4.
Optional Review Requirements. These may be required for the review of any development plan on a case-by-case basis at the discretion of the Development Administrator and/or the Planning Commission and/or the Board of County Commissioners when additional data is needed.
5.
Environmentally Sensitive Area Requirements. These shall be required of all developments which contain environmentally sensitive areas as identified hi Article IV, or at the discretion of the Development Administrator.
C.
General Development Plan Submittal Requirements.
1.
All subdivisions as defined in Article VI of this Code shall comply with the platting and review requirements contained in Article VI.
2.
All other development plans shall be drawn to a scale of one (1) inch equals one hundred (100) feet, unless the Development Administrator determines that a different scale is sufficient or necessary for proper review of the proposal.
3.
These plans shall be twenty-four (24) inches by thirty-six (36) inches in size. A three-quarter (0.75) inch margin shall be provided on all sides except for the left binding side where a two (2) inch margin shall be provided.
4.
If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.
5.
The front cover sheet of each plan shall include:
a.
A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section(s), township, and range, together with the principal roads, city limits, and/or other pertinent orientation information.
b.
A signed and sealed boundary survey prepared by a licensed surveyor pursuant to the requirements of F.AC. Ch. 21-HH.
c.
The name, address, and telephone number of the owner(s) 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.
d.
Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).
e.
Signing and sealing of the plans by the project engineer.
f.
Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow, and date.
g.
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 numbers).
h.
The area of the property shown in square feet and acres.
6.
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 this Code have been met.
7.
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/or Floor Area Ratio (FAR) calculations shall be given, based on the nature of the development.
8.
Minimum lot sizes and setbacks shall be noted for residential projects.
9.
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 Development Plan for review and approval by the Development Administrator or his/her designee, followed by recordation with the Clerk of the Circuit Court of Washington County.
10.
Other documentation necessary to permit satisfactory review under the requirements of this Code and other applicable law as required by special circumstances in the determination of the Development Administrator.
D.
Minor Development Plan Submittal Requirements (1. Either Subdivision Plan and Plat; or 2. Site Plan).
1.
All subdivisions as defined in Article VI of this Code shall comply with all platting and review requirements contained in Article VI as well as Florida Statutes. Further, both subdivision plans and site plans (minor development plans of development for presubdivided lands) shall include all required elements of the general development plan.
2.
A title page, with the project name notating whether the minor development plan is a for a subdivision or site plan. A location map of the project, as well as information on the development team, applicant, and/or property owner shall also be included.
3.
A map of existing and proposed vegetation cover. If protected/endangered species or wetlands are known to exist on the property, an environmental report shall be prepared by a wildlife biologist.
4.
Proposed Development Activities and Design.
a.
Generally.
(1)
Area and percentage of total site area to be covered by an impervious surface.
(2)
Grading plans specifically including perimeter grading.
(3)
Construction phase lines.
b.
Buildings and Other Structures.
(1)
Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.
(2)
Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.
(3)
Minimum flood elevations of buildings within any one-hundred-year floodplain.
c.
Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.
d.
Exact locations of on-site and nearby existing and proposed fire hydrants.
e.
Streets, Parking and Loading.
(1)
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.
(2)
A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for disabled parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.
(3)
The location of all exterior lighting.
(4)
The location and specifications of any proposed garbage dumpsters.
(5)
Cross sections and specifications of all proposed pavement.
(6)
Typical and special roadway and drainage sections and summary of quantities.
f.
Landscaping.
(1)
Location and dimensions of proposed buffer zones and landscaped areas.
(2)
Description of plant materials existing and to be planted in buffer zones and landscaped areas.
(3)
A tree survey depicting trees to be preserved and removed, meeting the standards described in Section 2.06.02.
g.
A complete drainage plan prepared in accordance with Section 5.06.00 of Article V of this Code.
5.
Signs.
a.
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 Development Administrator by a licensed sign contractor for standard signs. The plans shall clearly illustrate the type of sign or sign structure as defined in this 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, visibility triangles, and parking areas and other existing ground signs on the parcel.
(2)
All regulated 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)
A building elevation or other documentation indicating the building dimensions.
(3)
The dimensions, colors, and construction materials of the proposed building sign.
6.
Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, open space, and the like.
7.
Location of on-site wells, and wells within one thousand (1,000) feet of any property line, exceeding one hundred thousand (100,000) gallons per day.
8.
Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.
9.
Number, height, and type of residential units.
10.
Floor area, height and types of office, commercial, industrial, and other proposed uses.
11.
If a subdivision is involved, a plat meeting the requirements of Chapter 177, Part I, F.S. shall be submitted and approved concurrently with the minor site development plan approval. In addition to the State requirements above, the following requirements shall apply:
a.
The plat shall be prepared on sheets eighteen (18) inches by twenty-four (24) inches in size and to a scale sufficient in size to be legible, one hundred (100) feet to the inch preferred.
b.
All easements shall be shown on the plat.
c.
Standard certifications, approval forms, declarations, and notes shall be printed on the plat in a permanent manner.
d.
All required signatures on the plat shall be signed with black permanent waterproof ink.
e.
The plat shall incorporate all stipulations, easements, changes, and modifications required to make the approved subdivision plan conform to the requirements of this LDC.
f.
If property is found to be in the FEMA special flood hazard area (SFHA), it shall be noted on the plat.
E.
Major Development Plan Submittal Requirements. All subdivisions as defined in Article VI of this Code shall comply with all platting, review, and design standards contained in Article Viand other provisions of this Code. In addition to the requirements for minor development plans, all major development plans shall also include the following:
1.
A title page, with the project name notating whether the major development plan is a for a subdivision or site plan. A location map of the project, as well as information on the development team, applicant, and/or property owner shall also be included.
2.
A map of existing and proposed vegetation cover and findings of threatened and endangered species including locations of sightings (including nests or burrows), along with an environmental report prepared by a wildlife biologist. These shall cover issues such as soils, floodplains, topography, drainage, water bodies, and flood zones/floodways.
3.
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:
a.
A development plan for the first phase or phases for which approval is sought.
b.
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.
c.
Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.
d.
Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.
e.
Approximate location and acreage of any proposed public use such as parks, school sites, and similar public or semi-public uses.
f.
Appropriate buffers between adjoining land uses.
g.
A vicinity map of the area within three hundred (300) feet surrounding the site showing:
(1)
Land use designations and boundaries.
(2)
Traffic circulation systems.
(3)
Major public facilities.
(4)
Municipal boundary lines.
h.
If the project involves the subdivision of land, a plat, meeting the requirements of Subsection 10.02.02.
4.
An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.
5.
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 off-site rights-of-way and easements 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.
6.
The location of off-site 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.
7.
Runoff calculations.
8.
Amount of 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. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Generally. For purposes of these review procedures, all development plans shall be designated by the Development Administrator as either general, minor, or major developments according to the criteria below. Before submitting a development plan for review, the developer shall provide the Development Administrator with sufficient information to make this determination. Ure Development Administrator's determination shall be supported by written findings.
B.
General Development Plan. Apian shall be designated as general development if it is development other than that defined as minor or major development or that which is exempted from the requirement of a Final Development Order under Section 10.01.04 of this Code. For a General Development, the applicant shall submit the required information to the Planning Department and the development shall be reviewed through the prescribed process of issuing Land Use Certificates, Building Permits, Driveway/Roadway Connection Permits, and/or Certificates of Concurrency.
C.
Minor Development. Apian shall be designated as a minor development if it is:
1.
A Minor Subdivision as defined in Article VI of this Code.
2.
Any multi-family residential development of less than ten (10) units, that does not involve platting.
3.
Any nonresidential use on a single parcel containing less than ten thousand (10,000) square feet of nonresidential floor space.
4.
Any addition to an existing nonresidential use where the size of the addition is less than ten thousand (10,000) square feet.
D.
Major Development. Apian shall be designated as a major development if it is:
1.
A Major Subdivision as defined in Article VI of this Code.
2.
Any multi-family residential development of ten (10) or more dwelling units.
3.
Any nonresidential use on a single parcel containing ten thousand (10,000) square feet or more of nonresidential floor space.
4.
Any addition to an existing nonresidential use where the size of the addition is ten thousand (10,000) square feet or more.
5.
Any development that should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources, and public safety.
6.
Construction of any roadway in Washington County, Florida.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Procedure.
1.
For Minor Subdivisions the applicant shall comply with and be subject to all submittal and review requirements contained in Article VI of this Code entitled "Subdivision."
2.
For other minor developments the applicant shall submit the minor development plan and supporting documentation pursuant to 10.02.02 to the Planning Department.
3.
After receipt of the above, the Planning Department shall have five (5) working days to:
a.
Determine that the application is complete (sufficient) and proceed with the review; or
b.
Determine that the application is incomplete and inform the applicant of the identified deficiencies in writing.
c.
When receiving an applicant for a development permit or development order that is certified by a professional listed in F.S. § 403.0877, the County may not request additional information from the applicant more than three (3) times, unless the applicant waives the limitation in writing.
d.
If the County makes a request for additional information and the applicant submits the required additional information within thirty (30) days after receiving the request, the County must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within thirty (30) days after receiving the additional information.
e.
If the County makes a second request for additional information and the applicant submits the required additional information within thirty (30) days after receiving the request, the County must review the application or completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within ten (10) days after receiving the additional information.
f.
Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If the County makes a third request for additional information and the applicant submits the required additional information within thirty (30) days after receiving the request the County must deem the application complete within ten (10) days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the County's limitation in writing, as described in paragraph (c).
g.
If an applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority. The County, at the applicant's request, shall proceed to process the application for approval or denial.
h.
The timeframes restart if an applicant makes a substantive change to the application. A substantive change means an applicant-initiated change of fifteen (15) percent or more in the proposed density, intensity, or square footage of a parcel.
i.
Failure to adhere to the development review timelines may result in refunds of application fees to applicants, per F.S. § 125.022(4).
4.
For sufficient applications, the Planning Department shall route the application to any applicable agencies and the Development Review Committee within five (5) working days and review the development plan for compliance with this Code. All comments and concerns from reviewer must be received within thirty (30) days. The Development Administrator shall provide any written comments or requests for additional information or revised plans to the applicant.
5.
Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation of revisions, approving, approving with conditions, or denying the application based upon the requirements of this Code. Upon all revisions being addressed, the Development Administrator shall issue a recommendation of approving, approving with conditions, or denying, and forward the project to the Planning Commission.
6.
After review, the Development Administrator shall advertise a public hearing before the Planning Commission, and also shall schedule an advertised public hearing before the Board of County Commissioners. The Plan and supporting data, and a report from the Department, shall be submitted to the Planning Commission at its public hearing, and to the Board of County Commissioners at its public hearing.
7.
The Planning Commission shall consider the application at the next regularly scheduled meeting of the Planning Commission. In reviewing the application, the Planning Commission shall consider the recommendation of the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Planning Commission shall approve, approve with conditions, or deny the application. The decision on the application shall be a final action, except for instances where the development is a minor subdivision, or in instances where the development is located within a municipality. In the case of a minor subdivision the development will be required to comply with the provisions of Article VI of this Code which requires local governing body approval. In the case of a development located within a municipality the action of the Planning Commission shall constitute a recommendation to the governing body of the municipality which shall have final authority to approve, approve with conditions, or deny the application.
8.
Notification of the Planning Commission's and of the governing body of the municipality's (if applicable) decision shall be mailed to the applicant and filed with the Planning Department.
9.
Recording of Plat. Upon having obtained the approval of the Board of County Commissioners, the developer shall submit the mylar, with one (1) print copy of the "mini-plat" for the subdivision which has been approved, to the County within ten (10) working days of final approval. The County shall secure all required signatures and record the plat within thirty (30) days of receipt of the approved plat from the applicant. All expenses for the recording of the plat shall be paid by the applicant prior to the County recording of the plat.
B.
Expiration. A development permit for a minor development shall be valid for a period of one (1) year and may be renewed at the staff level by Planning Department staff only once for an equal period of time. Said renewal must be received prior to the date of expiration. However, additional extension(s) may be granted by the Board of County Commissioners for a specified period of time for good cause at a public hearing pursuant to Section 10.02.09. Developments under appeal shall also comply with provisions under Section 10.08.00 of this Code.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)
A.
Procedure.
1.
For major subdivisions the applicant shall comply with and be subject to all submittal and review requirements contained in Article VI of this Code entitled "Subdivision."
2.
For other major developments the applicant shall submit the major development plan and supporting documentation pursuant to Section 10.02.02 to the Planning Department.
3.
After receipt of the above, the Planning Department shall have fifteen (15) working days to:
a.
Determine that the application is complete and proceed with the review; or
b.
Determine that the application is incomplete and inform the applicant of the deficiencies. The applicant must submit a revised application, correcting the deficiencies within forty-five (45) days, to proceed with the review.
4.
The Planning Department shall then route the application to any applicable agencies within five (5) working days and review the major development plan for compliance with this Code within fifteen (15) days.
5.
Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation of revisions, approval, approval with conditions, or denial of the application based upon the requirements of this Code.
6.
After review, the Development Administrator shall advertise a public hearing before the Planning Commission and also shall schedule an advertised public hearing before the Board of County Commissioners. The Plan and supporting data, and a report from the Department, shall be submitted to the Planning Commission at its public hearing, and to the County Commission at its public hearing.
7.
The Planning Commission shall consider the application at the next regular meeting. In reviewing the application, the Planning Commission shall consider the recommendation of the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Planning Commission shall recommend approval, approval with conditions, or denial of the application. The action of the Planning Commission shall constitute a recommendation to the Board of County Commissioners.
8.
The Board of County Commissioners shall consider the application at the next regular meeting. In reviewing the application, the BOCC shall consider the recommendation of the Development Administrator and the Planning Commission and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Local Governing Body shall approve, approve with conditions, or deny the application.
9.
Notification of the decision made by the BOCC shall be mailed to the applicant and filed with the Planning Department.
B.
Expiration. A development permit for a major development shall be valid for a period of one (1) year and may be renewed at the staff level by Planning Department staff only once for an equal period of time. However, additional extension(s) may be granted by the Board of County Commissioners for a specified period of time for good cause at a public hearing pursuant to Section 10.02.09. Developments under appeal shall also comply with provisions under Section 10.08.00 of this Code.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)
Should a proposed development be in or impact an adjacent municipality/jurisdiction, as determined by the Development Administrator, the impacted municipalities/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, along with the Development Administrator's recommendation, to the appropriate board approving such development action.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
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 development plan for the first phase of the development and must be approved prior to approval of the plan for the first phase. A 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. 2023-16, § 1(Exh. A), 12-14-2023)
Notice for all development actions that require public meetings and hearings shall be given as follows, unless expressly stated otherwise:
Table 10.02.08-Public Noticing Requirements
A.
Neighborhood Information Meeting Requirement.
1.
Applicants must conduct at least one (1) Neighborhood Information Meeting ("NIM") after initial staff review and comment on the application have been provided, and before the Public Hearing with the Planning Commission or Board of County Commissioners.
a.
For a small or large-scale amendment, the NIM is required prior to the Washington County Planning Commission adoption hearing. A second NIM for a site-specific comprehensive plan amendment, to be held prior to the Planning Commission adoption hearing, will only be required if, as determined by staff, a substantial change has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing.
b.
In the case of a Planned Unit Development application, after initial staff review and comment on the application have been provided, a NIM shall be conducted prior to the first public hearing.
c.
For all other applications, the appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Administrator or his/her designee, only in cases where one (1) or two (2) pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public.
2.
Written notice of the meeting shall be sent to all property owners and condominium/homeowners associations within one thousand five hundred (1,500) feet of the property lines of the land for which the amendment to zoning is sought. The one thousand five-hundred-foot distance shall be measured from the boundaries of the entire subject property. For properties located within areas of the future land use element of the growth management plan that are not designated urban, the foregoing notice requirements apply, except that written notification must be sent to all property owners within one thousand five hundred (1,500) linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Washington County. The applicant shall provide said names and addresses generated by the Washington County Property Appraiser to the Planning Department, which shall send written notice of the NIM to property owners, condominium, and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified.
a.
A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County Administrator or designee and the office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM.
b.
The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant shall also make notice of the NIM to be posted at the Washington County Administration Building. The Washington County staff planner assigned to attend the preapplication meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County Administrator or designee.
c.
As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Planning Department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order.
3.
Any applicant requesting variance approval or parking exemption approval must provide the Development Administrator, or his/her designee with, a Washington County Property Appraiser listing of property owners within one thousand five hundred (1,500) feet of the subject site. The Planning Department shall mail notices to the property owners indicated, along with known homeowner or condominium associations, within thirty (30) days of receipt of a letter indicating that the application is sufficient.
4.
A list of property owners and homeowner or condominium associations notified and any other written communications must be submitted to the Development Administrator at least ten (10) days prior to the scheduled date of the first advertised public meeting or hearing. The applicant must provide a written account of the result of such notice and shall submit any and all written communications to the Development ADministrator.
5.
Signs. A sign shall be placed on the parcel of property affected by the proposed change at least ten (10) days before any public meeting or hearing. Signs shall be placed along every roadway that the subject property fronts and shall have a maximum spacing of not more than five hundred (500) feet along any roadway frontage. The applicant shall provide an affidavit of the required posting of County provided signs on the subject property. The County-provided sign(s) shall state the substance of the proposed land use change or special exception and shall state a time and place for the NIM.
B.
Public Hearing Notification.
1.
Content of Notice. Every required notice shall include: the date, time, and place of the meeting or 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 Washington County Planning Commission, The Board of County Commissioners or City/Town Councils 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 paragraphs b. and c., below, notice of all public hearings, and appeals from a decision, order, requirement, or determination of an administrative officer or board of the County or municipality shall be properly advertised in a newspaper of general circulation not more than thirty (30) days nor less than ten (10) days before the date of the hearing.
b.
Amendments to the Washington County Comprehensive Plan. Notice pursuant to the adoption of amendments to the Washington County Comprehensive Plan shall be given pursuant to F.S. §§ 163.3184 through 163.3187. Amendments to the Future Land Use Map shall be further noticed in accordance with Section 10.02.08(D), of this Code.
c.
Amendments to the Text of This Code. Any amendment to the text of this Code shall require public hearing and publication of notice as follows:
(1)
The Washington County Planning Commission shall hold one (1) advertised public hearing on the proposed ordinance or resolution. This hearing shall be held on a weekday and shall be held approximately ten (10) days after the day that the advertisement is published.
(2)
The Board of County Commissioners and other affected local governing bodies (the municipalities of Caryville, Ebro, Vernon, or Wausau) shall each hold two (2) advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held on a weekday, and the first shall be held approximately ten (10) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. Tire 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 Planning Department during regular business hours.
4.
Mail. For non-property-owner-initiated changes to the Future Land Use Map within the municipalities of Caryville, Ebro, Vernon and Wausau, which involve less than five (5) percent of the land area of the affected local governing body, mailing of notices shall be made by the Planning Department or Applicant to real property owners located within one thousand five hundred (1,500) 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. The notice shall state the substance of the proposed land use change as it affects those property owners (including the property on which the land use is changed) and shall state a time and place for the public hearing concerning the land use change. Such notice shall be given at least ten (10) days and not more than thirty (30) days prior to the date set for the first public hearing on the proposed land-use change.
For non-property-owner-initiated changes to the Future Land Use Map of the unincorporated portion of Washington County which are not initiated or participated in by the land owner, and which involve less than five (5) percent of the land area of the affected local governing body, mailing of notices shall be made to the owner of the real property which the land-use change addresses. The notice shall state the substance of the proposed land-use change and shall state a time and place for the public hearing concerning the land use change. Such notice shall be given at least ten (10) days and not more than thirty (30) days prior to the date set for the first public hearing on the proposed land use change.
For all changes to the Future Land Use Map, and for all proposed Special Exceptions as outlined in Section 10.05.00 of this Code, mailing of notices shall be made to all real property owners of property which directly adjoin the property affected by the proposed action, and all property owners within one thousand five hundred (1,500) feet of the affected property whose address is known by reference to the latest approved ad valorem tax roll. The notice shall state the substance of the proposed land-use change or Special Exception and shall state a time and place for the public hearings before the Planning Commission and the Board of County Commissioners concerning the land-use change or Special Exception. Such notices shall be mailed at least ten (10) days before such hearings and shall be sent certified mail. The petitioner(s) for the land-use change shall be responsible for the mailing of such notices and shall furnish evidence of such mailings at the first public hearing before the Washington County Planning Commission.
5.
Signs. For all changes to the Future Land Use Map, and for all proposed Special Exceptions as outlined in Section 10.05.00, signs shall be placed on the parcel of property affected by the proposed change at least ten (10) days before any public hearing. Signs shall be placed along every roadway that the subject property fronts and shall have a maximum spacing of not more than five hundred (500) feet along any roadway frontage. The applicant shall provide an affidavit of the required posting of the subject property. The sign shall state the substance of the proposed land use change or special exception and shall state a tune and place for the public hearings before the Planning Commission and the Board of County Commissioners.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2024-14, § 2(Exh. A), 12-19-2024; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)
A.
Setting the Hearing. When the Development Administrator determines that an application is complete, he/she shall notify the appropriate decision-making body so a public hearing may be set and notice given in accordance with Section 10.02.08 of this Code.
B.
Examination and Copying of Application and Other Documents. Any time after the provision of notice, any person may examine the application or petition in questions, and the material submitted in support or opposition to the application or petition in the Planning Department 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.
1.
Rights of All Persons. Any person may appear at a public hearing, or may be represented by counselor 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, his address and state the name and mailing address of any organization he represents. The body conducting the public hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.
2.
Continuance of Hearing. The body 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 decision-making body, the report of the Development Administrator and the decision and report of the decision-making body shall constitute the record.
2.
The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person the Development Administrator 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 Planning Department.
E.
Action by Decision-Making Body. The decision-making body shall render its decision within a reasonable time, unless stated otherwise in this Code.
F.
Notification. Notification of the final decision on an application shall be mailed to all parties making application. A copy of the final decision shall be filed in the Planning Department.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Development Order. A development shall contain the following:
1.
An approved development plan with findings and conclusions.
2.
A determination that all conditions of the BOCC required to be met prior to the start of construction have been met.
3.
A confirmation that concurrency and other facility operational standards, including for roads, 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 development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Applicability.
1.
The provisions of this section shall apply to all developments except for subdivisions as defined in Article VI of this Code. Subdivisions shall be required to comply with the "Guarantee of Completion of Improvements" contained in Section 6.03.00 of Article VI.
2.
Nothing in this Section shall be construed as relieving a developer of any requirement relating to concurrency in Article III of this Code.
3.
This Section does not modify existing agreements between a developer and the County for subdivisions platted and final development orders granted prior to October 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, mineral extraction reclamation work, landfill activities shall be satisfactorily constructed according to the approved development plan or reclamation plan. The following information shall be provided:
1.
Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.
2.
Tire term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. This period shall not exceed five (5) years from the date of the initialization of the agreement or thirty (30) percent occupancy of the development, whichever comes first, except for in the case of mining and mineral extraction and/or a landfill reclamation plan which shall conform to Section 10.02.11.B.2.a below.
a.
For mining and mineral extraction and landfill reclamation plans, the term of the agreement shall coincide with the predicted life of the mineral extraction and/or landfill use. The reclamation plan and the associated guarantees and sureties shall provide for all required long-term monitoring activities.
3.
The projected total cost for each improvement. The cost for the construction of each improvement or the reclamation 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 County 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 (2) times during each year, subsequent to the completion, inspection and acceptance of improvements by the County.
C.
Amount and Type of Security.
1.
The amount of the security listed in the improvement agreement shall be approved as adequate by the County Administrator or his/her designee, which is the Development Administrator.
2.
Security requirements may be met by, but are not limited to, the following:
a.
Cash Deposit.
b.
Surety Bond.
3.
The amount of security shall be one hundred ten (110) percent of the total construction costs for the required developer-installed improvements or reclamation plan. The amount of security may be reduced commensurate with the completion and final acceptance or approval of required improvements. In no case, however, shall the amount of the bond or security be less than one hundred ten (110) percent of the cost of completing the remaining required improvements.
D.
Completion of improvements.
1.
When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance or approval is recommended by the Development Administrator. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one (1) copy of all applicable 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 Section 10.2.11(B)7 above.
E.
Maintenance of improvements.
1.
A maintenance agreement and security shall be provided to assure Washington County that all required improvements shall be maintained by the developer according to the following requirements:
a.
The period maintenance shall be a minimum of one (1) year.
b.
The maintenance period shall begin with the acceptance or approval by the County of the construction of the improvements.
c.
The security shall be in the amount of ten (10) percent of the construction cost of the improvements.
d.
The original agreement shall be maintained by the Development Administrator.
2.
Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the County 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 County Attorney.
3.
An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to Washington County shall be created by covenants running with the land. Such covenants shall be included and recorded 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 County.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)
REVIEW OF SITE DEVELOPMENT PLANS
Prior to filing for development plan review, the developer shall meet with the Development Administrator to discuss the development review process. 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 pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form. The preapplication conference may be waived at the option of the Development Administrator.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Application. Applications for development review which shall be required prior to the issuance of all Final Development Orders, except those exempted under Section 10.01.04 of this Code shall be available at the Planning Department. 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.
B.
Submittal Requirements Based on Development Plan Designation. 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 general, minor, or major, the greater the amount of information required. The following list describes the applicable submittal requirements for specific development plans. A determination of the applicability of specific requirements shall be made by the development Administrator.
1.
General Plan requirement. These shall be mandatory for all development plans.
2.
Minor Review Requirements. These shall be mandatory for major and minor development plans.
3.
Major Review Requirements. Tliese shall be mandatory only for major development plans.
4.
Optional Review Requirements. These may be required for the review of any development plan on a case-by-case basis at the discretion of the Development Administrator and/or the Planning Commission and/or the Board of County Commissioners when additional data is needed.
5.
Environmentally Sensitive Area Requirements. These shall be required of all developments which contain environmentally sensitive areas as identified hi Article IV, or at the discretion of the Development Administrator.
C.
General Development Plan Submittal Requirements.
1.
All subdivisions as defined in Article VI of this Code shall comply with the platting and review requirements contained in Article VI.
2.
All other development plans shall be drawn to a scale of one (1) inch equals one hundred (100) feet, unless the Development Administrator determines that a different scale is sufficient or necessary for proper review of the proposal.
3.
These plans shall be twenty-four (24) inches by thirty-six (36) inches in size. A three-quarter (0.75) inch margin shall be provided on all sides except for the left binding side where a two (2) inch margin shall be provided.
4.
If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.
5.
The front cover sheet of each plan shall include:
a.
A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section(s), township, and range, together with the principal roads, city limits, and/or other pertinent orientation information.
b.
A signed and sealed boundary survey prepared by a licensed surveyor pursuant to the requirements of F.AC. Ch. 21-HH.
c.
The name, address, and telephone number of the owner(s) 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.
d.
Name, business address, and telephone number of those individuals responsible for the preparation of the drawing(s).
e.
Signing and sealing of the plans by the project engineer.
f.
Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow, and date.
g.
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 numbers).
h.
The area of the property shown in square feet and acres.
6.
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 this Code have been met.
7.
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/or Floor Area Ratio (FAR) calculations shall be given, based on the nature of the development.
8.
Minimum lot sizes and setbacks shall be noted for residential projects.
9.
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 Development Plan for review and approval by the Development Administrator or his/her designee, followed by recordation with the Clerk of the Circuit Court of Washington County.
10.
Other documentation necessary to permit satisfactory review under the requirements of this Code and other applicable law as required by special circumstances in the determination of the Development Administrator.
D.
Minor Development Plan Submittal Requirements (1. Either Subdivision Plan and Plat; or 2. Site Plan).
1.
All subdivisions as defined in Article VI of this Code shall comply with all platting and review requirements contained in Article VI as well as Florida Statutes. Further, both subdivision plans and site plans (minor development plans of development for presubdivided lands) shall include all required elements of the general development plan.
2.
A title page, with the project name notating whether the minor development plan is a for a subdivision or site plan. A location map of the project, as well as information on the development team, applicant, and/or property owner shall also be included.
3.
A map of existing and proposed vegetation cover. If protected/endangered species or wetlands are known to exist on the property, an environmental report shall be prepared by a wildlife biologist.
4.
Proposed Development Activities and Design.
a.
Generally.
(1)
Area and percentage of total site area to be covered by an impervious surface.
(2)
Grading plans specifically including perimeter grading.
(3)
Construction phase lines.
b.
Buildings and Other Structures.
(1)
Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.
(2)
Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.
(3)
Minimum flood elevations of buildings within any one-hundred-year floodplain.
c.
Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.
d.
Exact locations of on-site and nearby existing and proposed fire hydrants.
e.
Streets, Parking and Loading.
(1)
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.
(2)
A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for disabled parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.
(3)
The location of all exterior lighting.
(4)
The location and specifications of any proposed garbage dumpsters.
(5)
Cross sections and specifications of all proposed pavement.
(6)
Typical and special roadway and drainage sections and summary of quantities.
f.
Landscaping.
(1)
Location and dimensions of proposed buffer zones and landscaped areas.
(2)
Description of plant materials existing and to be planted in buffer zones and landscaped areas.
(3)
A tree survey depicting trees to be preserved and removed, meeting the standards described in Section 2.06.02.
g.
A complete drainage plan prepared in accordance with Section 5.06.00 of Article V of this Code.
5.
Signs.
a.
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 Development Administrator by a licensed sign contractor for standard signs. The plans shall clearly illustrate the type of sign or sign structure as defined in this 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, visibility triangles, and parking areas and other existing ground signs on the parcel.
(2)
All regulated 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)
A building elevation or other documentation indicating the building dimensions.
(3)
The dimensions, colors, and construction materials of the proposed building sign.
6.
Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, open space, and the like.
7.
Location of on-site wells, and wells within one thousand (1,000) feet of any property line, exceeding one hundred thousand (100,000) gallons per day.
8.
Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.
9.
Number, height, and type of residential units.
10.
Floor area, height and types of office, commercial, industrial, and other proposed uses.
11.
If a subdivision is involved, a plat meeting the requirements of Chapter 177, Part I, F.S. shall be submitted and approved concurrently with the minor site development plan approval. In addition to the State requirements above, the following requirements shall apply:
a.
The plat shall be prepared on sheets eighteen (18) inches by twenty-four (24) inches in size and to a scale sufficient in size to be legible, one hundred (100) feet to the inch preferred.
b.
All easements shall be shown on the plat.
c.
Standard certifications, approval forms, declarations, and notes shall be printed on the plat in a permanent manner.
d.
All required signatures on the plat shall be signed with black permanent waterproof ink.
e.
The plat shall incorporate all stipulations, easements, changes, and modifications required to make the approved subdivision plan conform to the requirements of this LDC.
f.
If property is found to be in the FEMA special flood hazard area (SFHA), it shall be noted on the plat.
E.
Major Development Plan Submittal Requirements. All subdivisions as defined in Article VI of this Code shall comply with all platting, review, and design standards contained in Article Viand other provisions of this Code. In addition to the requirements for minor development plans, all major development plans shall also include the following:
1.
A title page, with the project name notating whether the major development plan is a for a subdivision or site plan. A location map of the project, as well as information on the development team, applicant, and/or property owner shall also be included.
2.
A map of existing and proposed vegetation cover and findings of threatened and endangered species including locations of sightings (including nests or burrows), along with an environmental report prepared by a wildlife biologist. These shall cover issues such as soils, floodplains, topography, drainage, water bodies, and flood zones/floodways.
3.
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:
a.
A development plan for the first phase or phases for which approval is sought.
b.
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.
c.
Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.
d.
Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.
e.
Approximate location and acreage of any proposed public use such as parks, school sites, and similar public or semi-public uses.
f.
Appropriate buffers between adjoining land uses.
g.
A vicinity map of the area within three hundred (300) feet surrounding the site showing:
(1)
Land use designations and boundaries.
(2)
Traffic circulation systems.
(3)
Major public facilities.
(4)
Municipal boundary lines.
h.
If the project involves the subdivision of land, a plat, meeting the requirements of Subsection 10.02.02.
4.
An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.
5.
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 off-site rights-of-way and easements 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.
6.
The location of off-site 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.
7.
Runoff calculations.
8.
Amount of 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. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Generally. For purposes of these review procedures, all development plans shall be designated by the Development Administrator as either general, minor, or major developments according to the criteria below. Before submitting a development plan for review, the developer shall provide the Development Administrator with sufficient information to make this determination. Ure Development Administrator's determination shall be supported by written findings.
B.
General Development Plan. Apian shall be designated as general development if it is development other than that defined as minor or major development or that which is exempted from the requirement of a Final Development Order under Section 10.01.04 of this Code. For a General Development, the applicant shall submit the required information to the Planning Department and the development shall be reviewed through the prescribed process of issuing Land Use Certificates, Building Permits, Driveway/Roadway Connection Permits, and/or Certificates of Concurrency.
C.
Minor Development. Apian shall be designated as a minor development if it is:
1.
A Minor Subdivision as defined in Article VI of this Code.
2.
Any multi-family residential development of less than ten (10) units, that does not involve platting.
3.
Any nonresidential use on a single parcel containing less than ten thousand (10,000) square feet of nonresidential floor space.
4.
Any addition to an existing nonresidential use where the size of the addition is less than ten thousand (10,000) square feet.
D.
Major Development. Apian shall be designated as a major development if it is:
1.
A Major Subdivision as defined in Article VI of this Code.
2.
Any multi-family residential development of ten (10) or more dwelling units.
3.
Any nonresidential use on a single parcel containing ten thousand (10,000) square feet or more of nonresidential floor space.
4.
Any addition to an existing nonresidential use where the size of the addition is ten thousand (10,000) square feet or more.
5.
Any development that should be more thoroughly considered and reviewed because of its location or potential for impact on public facilities, natural resources, and public safety.
6.
Construction of any roadway in Washington County, Florida.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Procedure.
1.
For Minor Subdivisions the applicant shall comply with and be subject to all submittal and review requirements contained in Article VI of this Code entitled "Subdivision."
2.
For other minor developments the applicant shall submit the minor development plan and supporting documentation pursuant to 10.02.02 to the Planning Department.
3.
After receipt of the above, the Planning Department shall have five (5) working days to:
a.
Determine that the application is complete (sufficient) and proceed with the review; or
b.
Determine that the application is incomplete and inform the applicant of the identified deficiencies in writing.
c.
When receiving an applicant for a development permit or development order that is certified by a professional listed in F.S. § 403.0877, the County may not request additional information from the applicant more than three (3) times, unless the applicant waives the limitation in writing.
d.
If the County makes a request for additional information and the applicant submits the required additional information within thirty (30) days after receiving the request, the County must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within thirty (30) days after receiving the additional information.
e.
If the County makes a second request for additional information and the applicant submits the required additional information within thirty (30) days after receiving the request, the County must review the application or completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within ten (10) days after receiving the additional information.
f.
Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If the County makes a third request for additional information and the applicant submits the required additional information within thirty (30) days after receiving the request the County must deem the application complete within ten (10) days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the County's limitation in writing, as described in paragraph (c).
g.
If an applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority. The County, at the applicant's request, shall proceed to process the application for approval or denial.
h.
The timeframes restart if an applicant makes a substantive change to the application. A substantive change means an applicant-initiated change of fifteen (15) percent or more in the proposed density, intensity, or square footage of a parcel.
i.
Failure to adhere to the development review timelines may result in refunds of application fees to applicants, per F.S. § 125.022(4).
4.
For sufficient applications, the Planning Department shall route the application to any applicable agencies and the Development Review Committee within five (5) working days and review the development plan for compliance with this Code. All comments and concerns from reviewer must be received within thirty (30) days. The Development Administrator shall provide any written comments or requests for additional information or revised plans to the applicant.
5.
Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation of revisions, approving, approving with conditions, or denying the application based upon the requirements of this Code. Upon all revisions being addressed, the Development Administrator shall issue a recommendation of approving, approving with conditions, or denying, and forward the project to the Planning Commission.
6.
After review, the Development Administrator shall advertise a public hearing before the Planning Commission, and also shall schedule an advertised public hearing before the Board of County Commissioners. The Plan and supporting data, and a report from the Department, shall be submitted to the Planning Commission at its public hearing, and to the Board of County Commissioners at its public hearing.
7.
The Planning Commission shall consider the application at the next regularly scheduled meeting of the Planning Commission. In reviewing the application, the Planning Commission shall consider the recommendation of the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Planning Commission shall approve, approve with conditions, or deny the application. The decision on the application shall be a final action, except for instances where the development is a minor subdivision, or in instances where the development is located within a municipality. In the case of a minor subdivision the development will be required to comply with the provisions of Article VI of this Code which requires local governing body approval. In the case of a development located within a municipality the action of the Planning Commission shall constitute a recommendation to the governing body of the municipality which shall have final authority to approve, approve with conditions, or deny the application.
8.
Notification of the Planning Commission's and of the governing body of the municipality's (if applicable) decision shall be mailed to the applicant and filed with the Planning Department.
9.
Recording of Plat. Upon having obtained the approval of the Board of County Commissioners, the developer shall submit the mylar, with one (1) print copy of the "mini-plat" for the subdivision which has been approved, to the County within ten (10) working days of final approval. The County shall secure all required signatures and record the plat within thirty (30) days of receipt of the approved plat from the applicant. All expenses for the recording of the plat shall be paid by the applicant prior to the County recording of the plat.
B.
Expiration. A development permit for a minor development shall be valid for a period of one (1) year and may be renewed at the staff level by Planning Department staff only once for an equal period of time. Said renewal must be received prior to the date of expiration. However, additional extension(s) may be granted by the Board of County Commissioners for a specified period of time for good cause at a public hearing pursuant to Section 10.02.09. Developments under appeal shall also comply with provisions under Section 10.08.00 of this Code.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)
A.
Procedure.
1.
For major subdivisions the applicant shall comply with and be subject to all submittal and review requirements contained in Article VI of this Code entitled "Subdivision."
2.
For other major developments the applicant shall submit the major development plan and supporting documentation pursuant to Section 10.02.02 to the Planning Department.
3.
After receipt of the above, the Planning Department shall have fifteen (15) working days to:
a.
Determine that the application is complete and proceed with the review; or
b.
Determine that the application is incomplete and inform the applicant of the deficiencies. The applicant must submit a revised application, correcting the deficiencies within forty-five (45) days, to proceed with the review.
4.
The Planning Department shall then route the application to any applicable agencies within five (5) working days and review the major development plan for compliance with this Code within fifteen (15) days.
5.
Within five (5) days of the completion of the review, the Development Administrator shall issue a recommendation of revisions, approval, approval with conditions, or denial of the application based upon the requirements of this Code.
6.
After review, the Development Administrator shall advertise a public hearing before the Planning Commission and also shall schedule an advertised public hearing before the Board of County Commissioners. The Plan and supporting data, and a report from the Department, shall be submitted to the Planning Commission at its public hearing, and to the County Commission at its public hearing.
7.
The Planning Commission shall consider the application at the next regular meeting. In reviewing the application, the Planning Commission shall consider the recommendation of the Development Administrator and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Planning Commission shall recommend approval, approval with conditions, or denial of the application. The action of the Planning Commission shall constitute a recommendation to the Board of County Commissioners.
8.
The Board of County Commissioners shall consider the application at the next regular meeting. In reviewing the application, the BOCC shall consider the recommendation of the Development Administrator and the Planning Commission and shall determine whether the proposed development specified in the application meets the provisions of this Code. The Local Governing Body shall approve, approve with conditions, or deny the application.
9.
Notification of the decision made by the BOCC shall be mailed to the applicant and filed with the Planning Department.
B.
Expiration. A development permit for a major development shall be valid for a period of one (1) year and may be renewed at the staff level by Planning Department staff only once for an equal period of time. However, additional extension(s) may be granted by the Board of County Commissioners for a specified period of time for good cause at a public hearing pursuant to Section 10.02.09. Developments under appeal shall also comply with provisions under Section 10.08.00 of this Code.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)
Should a proposed development be in or impact an adjacent municipality/jurisdiction, as determined by the Development Administrator, the impacted municipalities/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, along with the Development Administrator's recommendation, to the appropriate board approving such development action.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
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 development plan for the first phase of the development and must be approved prior to approval of the plan for the first phase. A 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. 2023-16, § 1(Exh. A), 12-14-2023)
Notice for all development actions that require public meetings and hearings shall be given as follows, unless expressly stated otherwise:
Table 10.02.08-Public Noticing Requirements
A.
Neighborhood Information Meeting Requirement.
1.
Applicants must conduct at least one (1) Neighborhood Information Meeting ("NIM") after initial staff review and comment on the application have been provided, and before the Public Hearing with the Planning Commission or Board of County Commissioners.
a.
For a small or large-scale amendment, the NIM is required prior to the Washington County Planning Commission adoption hearing. A second NIM for a site-specific comprehensive plan amendment, to be held prior to the Planning Commission adoption hearing, will only be required if, as determined by staff, a substantial change has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing.
b.
In the case of a Planned Unit Development application, after initial staff review and comment on the application have been provided, a NIM shall be conducted prior to the first public hearing.
c.
For all other applications, the appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Administrator or his/her designee, only in cases where one (1) or two (2) pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public.
2.
Written notice of the meeting shall be sent to all property owners and condominium/homeowners associations within one thousand five hundred (1,500) feet of the property lines of the land for which the amendment to zoning is sought. The one thousand five-hundred-foot distance shall be measured from the boundaries of the entire subject property. For properties located within areas of the future land use element of the growth management plan that are not designated urban, the foregoing notice requirements apply, except that written notification must be sent to all property owners within one thousand five hundred (1,500) linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Washington County. The applicant shall provide said names and addresses generated by the Washington County Property Appraiser to the Planning Department, which shall send written notice of the NIM to property owners, condominium, and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified.
a.
A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County Administrator or designee and the office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM.
b.
The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant shall also make notice of the NIM to be posted at the Washington County Administration Building. The Washington County staff planner assigned to attend the preapplication meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County Administrator or designee.
c.
As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Planning Department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order.
3.
Any applicant requesting variance approval or parking exemption approval must provide the Development Administrator, or his/her designee with, a Washington County Property Appraiser listing of property owners within one thousand five hundred (1,500) feet of the subject site. The Planning Department shall mail notices to the property owners indicated, along with known homeowner or condominium associations, within thirty (30) days of receipt of a letter indicating that the application is sufficient.
4.
A list of property owners and homeowner or condominium associations notified and any other written communications must be submitted to the Development Administrator at least ten (10) days prior to the scheduled date of the first advertised public meeting or hearing. The applicant must provide a written account of the result of such notice and shall submit any and all written communications to the Development ADministrator.
5.
Signs. A sign shall be placed on the parcel of property affected by the proposed change at least ten (10) days before any public meeting or hearing. Signs shall be placed along every roadway that the subject property fronts and shall have a maximum spacing of not more than five hundred (500) feet along any roadway frontage. The applicant shall provide an affidavit of the required posting of County provided signs on the subject property. The County-provided sign(s) shall state the substance of the proposed land use change or special exception and shall state a time and place for the NIM.
B.
Public Hearing Notification.
1.
Content of Notice. Every required notice shall include: the date, time, and place of the meeting or 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 Washington County Planning Commission, The Board of County Commissioners or City/Town Councils 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 paragraphs b. and c., below, notice of all public hearings, and appeals from a decision, order, requirement, or determination of an administrative officer or board of the County or municipality shall be properly advertised in a newspaper of general circulation not more than thirty (30) days nor less than ten (10) days before the date of the hearing.
b.
Amendments to the Washington County Comprehensive Plan. Notice pursuant to the adoption of amendments to the Washington County Comprehensive Plan shall be given pursuant to F.S. §§ 163.3184 through 163.3187. Amendments to the Future Land Use Map shall be further noticed in accordance with Section 10.02.08(D), of this Code.
c.
Amendments to the Text of This Code. Any amendment to the text of this Code shall require public hearing and publication of notice as follows:
(1)
The Washington County Planning Commission shall hold one (1) advertised public hearing on the proposed ordinance or resolution. This hearing shall be held on a weekday and shall be held approximately ten (10) days after the day that the advertisement is published.
(2)
The Board of County Commissioners and other affected local governing bodies (the municipalities of Caryville, Ebro, Vernon, or Wausau) shall each hold two (2) advertised public hearings on the proposed ordinance or resolution. Both hearings shall be held on a weekday, and the first shall be held approximately ten (10) days after the day that the first advertisement is published. The second hearing shall be held approximately two (2) weeks after the first hearing and shall be advertised approximately five (5) days prior to the public hearing. Tire 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 Planning Department during regular business hours.
4.
Mail. For non-property-owner-initiated changes to the Future Land Use Map within the municipalities of Caryville, Ebro, Vernon and Wausau, which involve less than five (5) percent of the land area of the affected local governing body, mailing of notices shall be made by the Planning Department or Applicant to real property owners located within one thousand five hundred (1,500) 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. The notice shall state the substance of the proposed land use change as it affects those property owners (including the property on which the land use is changed) and shall state a time and place for the public hearing concerning the land use change. Such notice shall be given at least ten (10) days and not more than thirty (30) days prior to the date set for the first public hearing on the proposed land-use change.
For non-property-owner-initiated changes to the Future Land Use Map of the unincorporated portion of Washington County which are not initiated or participated in by the land owner, and which involve less than five (5) percent of the land area of the affected local governing body, mailing of notices shall be made to the owner of the real property which the land-use change addresses. The notice shall state the substance of the proposed land-use change and shall state a time and place for the public hearing concerning the land use change. Such notice shall be given at least ten (10) days and not more than thirty (30) days prior to the date set for the first public hearing on the proposed land use change.
For all changes to the Future Land Use Map, and for all proposed Special Exceptions as outlined in Section 10.05.00 of this Code, mailing of notices shall be made to all real property owners of property which directly adjoin the property affected by the proposed action, and all property owners within one thousand five hundred (1,500) feet of the affected property whose address is known by reference to the latest approved ad valorem tax roll. The notice shall state the substance of the proposed land-use change or Special Exception and shall state a time and place for the public hearings before the Planning Commission and the Board of County Commissioners concerning the land-use change or Special Exception. Such notices shall be mailed at least ten (10) days before such hearings and shall be sent certified mail. The petitioner(s) for the land-use change shall be responsible for the mailing of such notices and shall furnish evidence of such mailings at the first public hearing before the Washington County Planning Commission.
5.
Signs. For all changes to the Future Land Use Map, and for all proposed Special Exceptions as outlined in Section 10.05.00, signs shall be placed on the parcel of property affected by the proposed change at least ten (10) days before any public hearing. Signs shall be placed along every roadway that the subject property fronts and shall have a maximum spacing of not more than five hundred (500) feet along any roadway frontage. The applicant shall provide an affidavit of the required posting of the subject property. The sign shall state the substance of the proposed land use change or special exception and shall state a tune and place for the public hearings before the Planning Commission and the Board of County Commissioners.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2024-14, § 2(Exh. A), 12-19-2024; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)
A.
Setting the Hearing. When the Development Administrator determines that an application is complete, he/she shall notify the appropriate decision-making body so a public hearing may be set and notice given in accordance with Section 10.02.08 of this Code.
B.
Examination and Copying of Application and Other Documents. Any time after the provision of notice, any person may examine the application or petition in questions, and the material submitted in support or opposition to the application or petition in the Planning Department 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.
1.
Rights of All Persons. Any person may appear at a public hearing, or may be represented by counselor 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, his address and state the name and mailing address of any organization he represents. The body conducting the public hearing may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials.
2.
Continuance of Hearing. The body 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 decision-making body, the report of the Development Administrator and the decision and report of the decision-making body shall constitute the record.
2.
The body conducting the hearing shall record the proceedings by any appropriate means; upon request of any person the Development Administrator 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 Planning Department.
E.
Action by Decision-Making Body. The decision-making body shall render its decision within a reasonable time, unless stated otherwise in this Code.
F.
Notification. Notification of the final decision on an application shall be mailed to all parties making application. A copy of the final decision shall be filed in the Planning Department.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Development Order. A development shall contain the following:
1.
An approved development plan with findings and conclusions.
2.
A determination that all conditions of the BOCC required to be met prior to the start of construction have been met.
3.
A confirmation that concurrency and other facility operational standards, including for roads, 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 development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)
A.
Applicability.
1.
The provisions of this section shall apply to all developments except for subdivisions as defined in Article VI of this Code. Subdivisions shall be required to comply with the "Guarantee of Completion of Improvements" contained in Section 6.03.00 of Article VI.
2.
Nothing in this Section shall be construed as relieving a developer of any requirement relating to concurrency in Article III of this Code.
3.
This Section does not modify existing agreements between a developer and the County for subdivisions platted and final development orders granted prior to October 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, mineral extraction reclamation work, landfill activities shall be satisfactorily constructed according to the approved development plan or reclamation plan. The following information shall be provided:
1.
Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.
2.
Tire term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. This period shall not exceed five (5) years from the date of the initialization of the agreement or thirty (30) percent occupancy of the development, whichever comes first, except for in the case of mining and mineral extraction and/or a landfill reclamation plan which shall conform to Section 10.02.11.B.2.a below.
a.
For mining and mineral extraction and landfill reclamation plans, the term of the agreement shall coincide with the predicted life of the mineral extraction and/or landfill use. The reclamation plan and the associated guarantees and sureties shall provide for all required long-term monitoring activities.
3.
The projected total cost for each improvement. The cost for the construction of each improvement or the reclamation 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 County 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 (2) times during each year, subsequent to the completion, inspection and acceptance of improvements by the County.
C.
Amount and Type of Security.
1.
The amount of the security listed in the improvement agreement shall be approved as adequate by the County Administrator or his/her designee, which is the Development Administrator.
2.
Security requirements may be met by, but are not limited to, the following:
a.
Cash Deposit.
b.
Surety Bond.
3.
The amount of security shall be one hundred ten (110) percent of the total construction costs for the required developer-installed improvements or reclamation plan. The amount of security may be reduced commensurate with the completion and final acceptance or approval of required improvements. In no case, however, shall the amount of the bond or security be less than one hundred ten (110) percent of the cost of completing the remaining required improvements.
D.
Completion of improvements.
1.
When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance or approval is recommended by the Development Administrator. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one (1) copy of all applicable 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 Section 10.2.11(B)7 above.
E.
Maintenance of improvements.
1.
A maintenance agreement and security shall be provided to assure Washington County that all required improvements shall be maintained by the developer according to the following requirements:
a.
The period maintenance shall be a minimum of one (1) year.
b.
The maintenance period shall begin with the acceptance or approval by the County of the construction of the improvements.
c.
The security shall be in the amount of ten (10) percent of the construction cost of the improvements.
d.
The original agreement shall be maintained by the Development Administrator.
2.
Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the County 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 County Attorney.
3.
An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to Washington County shall be created by covenants running with the land. Such covenants shall be included and recorded 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 County.
(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)