This article sets forth the application and review procedures required for obtaining development orders, and certain types of permits. This article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 91-6, § 3(12.00.01), 2-11-1992)

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing.

(Ord. No. 91-6, § 3(12.00.02), 2-11-1992)

(a)

No development activity may be undertaken unless the activity is authorized by a development (building) permit. See section 11.02.02.

(b)

Any development or owner of a proposed commercial building shall reimburse the town, at billed cost, for the services of a registered engineer (acceptable to the developer) to oversee the project for the town from concept review to final approval. A lien shall be placed upon property if payment is not made within 20 days of occupancy.

(c)

Prior to annexation or creation of a new development, the owners or developers shall investigate and certify to the town in writing that:

(1)

The plan is consistent with the town's future land use element.

(2)

No surface water or groundwater contamination exists.

(3)

No underground storage tanks are present or are disclosed.

(4)

No point or nonpoint sources of water pollution exist or are disclosed.

(5)

All wetlands, floodplain, conservation area, ecological or environmentally sensitive areas, wildlife habitats and protected wildlife are identified and disclosed.

(d)

Necessary county, state and/or water management district stormwater management permits shall be obtained before any development order is issued.

(Ord. No. 91-6, § 3(12.01.01), 2-11-1992)

Except as provided in section 12.01.03, a development permit may not be issued unless the proposed development activity:

(1)

Is authorized by a final development order issued pursuant to this Land Development Code; and

(2)

Conforms to the requirements of the Florida Building Code.

(Ord. No. 91-6, § 3(12.01.02), 2-11-1992; Ord. No. 2009-03, § 9(12.01.02), 6-9-2009)

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

(1)

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

(2)

The construction or alteration of a single-family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this Land Development Code. Compliance with the development standards in this Land Development Code in not required if in conflict with the previously approved plan. Compliance is required for stormwater management (section 12.02.11).

(3)

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

(4)

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

(5)

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

(6)

A minor replat granted pursuant to the procedures in division 12.03.00 of this article.

(Ord. No. 91-6, § 3(12.01.03), 2-11-1992; Ord. No. 2009-03, § 9(12.01.03), 6-9-2009)

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

(Ord. No. 91-6, § 3(12.01.04), 2-11-1992)

(a)

Prior to filing for development plan review, the owner/developer/builder shall meet with the town manager to discuss the development review process and to be informed of who to confer with about the application. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(b)

A brief concept plan in triplicate shall be provided to the town manager ten days prior to the conference.

(Ord. No. 91-6, § 3(12.02.01), 2-11-1992)

(a)

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

(b)

Major development. A development plan shall be designated as a major development if it satisfies one or more of the following criteria:

(1)

The activity involves combined land and water area of which exceeds ten acres.

(2)

The development is a residential project of ten or more dwelling units per acre of land and water area, or of 100 or more dwelling units.

(3)

The development involves more than 10,000 square feet of nonresidential floor space.

(4)

Any development that the town manager designates as a major development project because:

a.

The proposed development is part of a larger parcel for which additional development is anticipated that when aggregated with the project in question exceeds the limits of subsections (b)(1), (2) and (3) of this section; or

b.

The proposed development should be more thoroughly and publicly reviewed because of its complexity, hazardousness or location.

c.

The proposed development is one which is likely to be controversial despite its small size, and should thus be more thoroughly and publicly reviewed.

(c)

Minor development. A development plan shall be designated as a minor development if it is neither a major development nor a development exempt under section 12.01.03 from the requirement of a development plan.

(Ord. No. 91-6, § 3(12.02.02), 2-11-1992)

(a)

All major developments must be submitted to concept review. Minor developments need not be submitted to concept review, but this review is recommended to developers for proposals that may be controversial. (Note: The purpose of concept review is to give the developer a chance to receive informal comment from staff and citizens on the development proposal before a great deal of money is spent on detailed plans. Many believe that concept review should be mandatory for all development plans, regardless of the development's size. The rationale is that site plans for small developments, like those for large developments, can be very expensive. Thus it is worth the time spent on concept review to avoid the conflict and waste that will arise if the site plan for a small development should have to be changed.)

(b)

The developer shall file a completed application and a concept plan in 21 copies as a prerequisite to obtaining concept review.

(c)

Within ten working days of receipt of an application and concept plan, the town manager shall determine that the submittals are:

(1)

Incomplete and inform the developer in writing as to the deficiencies. The developer may submit an amended application within 30 working days without payment of a reapplication fee, but, if more than 30 working days have elapsed, must thereafter re-initiate the application and pay an additional fee; or

(2)

Complete and proceed with the following procedures:

a.

The proposal shall be placed on the agenda of the next meeting of the development review board that allows the giving of required notice.

b.

Notice of concept review shall be mailed by the town to the developer and all persons who, according to the most recent tax rolls, own property within 500 feet of the property proposed for development. The notice shall be mailed at least 15 days before concept review. The expense of this mailing shall be borne by the developer.

c.

A copy of the concept plan and notice of the time and date of the concept review shall be delivered to each member of the technical review committee and members of the town council. Technical review committee members shall review the proposal and submit comments, if any, in writing to the development review board or orally at the board's concept review. The councilmembers may submit comments in writing.

(d)

The development review board shall consider:

(1)

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site and surrounding land uses.

(2)

Whether the concurrency requirements of article IV of this Land Development Code could be met if the development were built.

(3)

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system, including trails; the approximate total ground coverage of paved areas and structures; and, types of water and sewage treatment systems.

(4)

Conformity of the proposed development with the comprehensive plan, this Land Development Code and other applicable regulations.

(5)

Applicable regulations, review procedures and submission requirements.

(6)

Concerns and desires of surrounding landowners and other affected persons.

(7)

Other applicable factors and criteria prescribed by the comprehensive plan, this Land Development Code or other law.

(e)

The development review board shall issue no order, finding or other indication of approval or disapproval of the proposal, and no person may rely upon any comment concerning the proposal, or any expression of any nature about the proposal, made by any person during the concept review process as a representation or implication that the particular proposal will be ultimately approved or disapproved in any form.

(Ord. No. 91-6, § 3(12.02.03), 2-11-1992)

(a)

Option.

(1)

The developer of a proposed minor development may choose to submit the proposed development to both a preliminary and final review, or to a single final review.

(2)

If the developer chooses to submit to both a preliminary and final review, the procedures in subsections (b) and (c) of this section shall be followed.

(3)

If the developer chooses to submit to a single final review, only the procedures of subsection (b) of this section shall be followed.

(b)

General procedures.

(1)

The developer of a proposed minor development shall submit a preliminary development plan (21 copies) or a final development plan (21 copies) to the town.

(2)

Within ten working days of receipt of a plan, the town manager shall determine that:

a.

The plan is complete and proceed with the procedures in this section; or

b.

The information is incomplete and inform the developer in writing of the deficiencies.

The developer may submit an amended plan within 30 working days without payment of a reapplication fee, but, if more than 30 days have elapsed, must thereafter reinitiate the review process and pay an additional fee.

(3)

A copy of the plan shall be sent to each member of the technical review committee, development review board and councilperson. Each member shall review the proposal and submit written comments at the next meeting of the technical review committee. Members of the town council and development review board may submit written comments prior to the meeting of the technical review committee.

(4)

The town manager shall review the plan and comments of the technical review committee and determine whether the proposal complies with the requirements of this Land Development Code.

(5)

Within 15 working days of the meeting of the technical review committee, the town manager shall:

a.

Issue a preliminary development order complying with section 12.02.08 if it was a preliminary development plan that was reviewed;

b.

Issue a final development order complying with section 12.02.08 if it was a final development plan that was reviewed; or

c.

Refuse to issue a preliminary or final development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Land Development Code.

(c)

Approval of final development plans.

(1)

If the developer chose to submit a preliminary development plan for review, a final development plan (21 copies) shall be submitted within six months of approval of the preliminary plan. If this deadline is not met, the preliminary development order expires.

(2)

Within 20 working days the town manager shall determine whether the final development plan should be approved or denied based on whether the plan conforms to the approved preliminary plan and the conditions, if any, imposed during preliminary review. The town manager shall:

a.

Issue a final development order complying with section 12.02.08; or

b.

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the preliminary development order.

(Ord. No. 91-6, § 3(12.02.04), 2-11-1992)

(a)

Review of preliminary development plans.

(1)

The developer shall, within six months after completion of concept review, submit a preliminary development plan in 21 copies to the town. If more than six months elapse, the developer must re-submit the plan for concept review.

(2)

Within 15 working days of receipt of a preliminary development plan, the town manager shall determine that:

a.

The information is complete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 30 working days without payment of an additional fee, but, if more than 30 days have elapsed, must thereafter initiate a new application and pay a new fee; or

b.

The plan is complete and proceed with the rest of the procedures in this section.

(3)

The town manager shall send a copy of the preliminary development plan to each member of the technical review committee, development review board and town council and shall place the plan on the agenda of the next technical review committee meeting that allows giving, at least 15 days, notices as follows:

a.

A mailed notice to the developer; and

b.

A posted notice on the development site.

(4)

Each committee member shall submit written comments as to the proposed development's probable effect on the public facilities and services that the member represents and councilpersons and review board members may submit written comments. Interested persons shall be given a reasonable opportunity to comment orally or in writing.

(5)

Within 15 working days after the committee meets to consider the plan and comments, the town manager shall issue a written report setting forth findings and conclusion supporting the recommendations of the technical review committee.

(6)

Within 30 working days of issue of the manager's report, the development review board shall conduct an administrative hearing on the preliminary development plan to determine whether the plan satisfies the requirements of this Land Development Code. One notice shall be placed in a newspaper within the area at least ten days prior to the hearing.

(7)

The development review board shall:

a.

Issue a preliminary development order complying with section 12.02.07; or

b.

Refuse to issue a preliminary development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Land Development Code.

(b)

Review of final development plans.

(1)

The developer shall submit a final development plan (21 copies) for review within the time period in which the preliminary development order is valid.

(2)

Within 30 working days the town manager shall determine whether the final development plan should be approved or denied based on whether the plan conforms to the preliminary development order.

(3)

The town manager shall:

a.

Issue a final development order complying with section 12.02.07; or

b.

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the preliminary development order.

(4)

Construction permits shall be requested of and issued by the development permit committee.

(Ord. No. 91-6, § 3(12.02.05), 2-11-1992)

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 (21 copies) shall be submitted simultaneously with an application for review of the preliminary development plan for the first phase of the development and must be approved as a condition of approval of the preliminary plan for the first phase. A preliminary and final development plan must be approved for each phase of the development under the procedures for development review prescribed in sections 12.02.03 through 12.02.05. 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. 91-6, § 3(12.02.06), 2-11-1992)

(a)

Required contents. A preliminary development order shall contain the following:

(1)

An approved preliminary development plan (may be subject to conditions and modifications) with findings and conclusions.

(2)

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

(3)

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

(4)

With regard to the concurrency management requirements in article IV of this Land Development Code:

a.

The initial determination of concurrency.

b.

The time period for which the preliminary development order is valid. This initial determination indicates that capacity is expected to be available for the proposed project, provided that a complete application for a final development order is submitted prior to the expiration date of the preliminary development order.

c.

Notice that the preliminary development order does not constitute a final development order and that one or more concurrency determinations may subsequently be required. The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a final development order.

d.

Notice that issuance of a preliminary development order is not binding with regard to decisions to approve or deny a final development order, and that it does not constitute a binding commitment for capacity of a facility or service.

(b)

Optional contents. A preliminary development order may include one or more of the following as conditions of approval:

(1)

Agreement by the developer in a recordable written instrument running with the land that no final development order will be requested or approved unless the necessary facilities are programmed for construction within specified time periods.

(2)

Commitment by the developer in a recordable written instrument to contract for provision of the necessary services or facilities to achieve the concurrency requirement.

(3)

Schedule of construction phasing of the proposed development consistent with the anticipated availability of one or more services or facilities.

(4)

Such other conditions as may be required by the development review board to ensure that concurrency will be met for all applicable facilities and services.

(Ord. No. 91-6, § 3(12.02.08), 2-11-1992)

(a)

Required contents. A final development order shall contain the following:

(1)

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

(2)

An approved final development plan with findings and conclusions.

(3)

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

(4)

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

(5)

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

(6)

A commitment by the town to commit to the following:

a.

The necessary facilities shall not be deferred or deleted from the capital improvements element or the adopted one-year capital budget unless the subject final development order expires or is rescinded prior to the issuance of a certificate of occupancy.

b.

Contracts shall provide that construction of necessary facilities must proceed to completion with no unreasonable delay or interruption.

(b)

Optional contents. A final development order may contain:

(1)

A schedule of construction phasing consistent with availability of capacity of one or more services and facilities.

(2)

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy or within specified time periods.

(3)

Any alternate service impact mitigation measures to which the applicant has committed in a recordable written instrument.

(4)

A bond in the amount of 110 percent of the cost of services or facilities that the applicant is required to construct, contract for construction, or otherwise provide.

(5)

Such other conditions as may be required to ensure compliance with the concurrency requirement.

(Ord. No. 91-6, § 3(12.02.08), 2-11-1992)

Unless otherwise provided by law, regulation or decision, addresses for a mailed notice required by this Land Development Code shall be obtained from the records of the county tax collector. The failure of any person to receive notice shall not invalidate an action if a good faith attempt was made to comply with the notice requirements of this Land Development Code. A person may notify the town clerk by registered mail of a change of address valid until publication of the next tax roll in November of each year.

(Ord. No. 91-6, § 3(12.02.09), 2-11-1992)

Each administrative hearing shall conform to the following procedures, as supplemented by law, rule or decision.

(1)

Burden and nature of proof. The applicant for any development permit must prove by a preponderance of the evidence that the proposal satisfies the applicable requirements and standards of this Land Development Code.

(2)

Order of proceedings.

a.

The development review board shall determine whether:

1.

It has jurisdiction over the matter.

2.

Any member must abstain or is disqualified.

b.

The board may take official notice of known information related to the issue, including:

1.

State law; and

2.

Applicable ordinances, resolutions, rules and official policies of the town.

c.

Other public records and facts judicially noticeable by law.

d.

Matters officially noticed need not be established by evidence and are binding to the extent that they are relevant and material. Requests that official notice be taken shall be made on the record and an opportunity for rebuttal shall be given to opposing parties. The board may take notice without prompting or suggestion of matters listed in subsection (2)b of this section and shall state all matters officially noticed for the record.

e.

Board members may view the site of the proposed development with or without notification to the parties, but after the visit, shall place the time, manner and circumstances of the view in the record.

f.

Staff, the developer and interested persons may present information. The board may approve or deny a request from a person attending the hearing to ask a question. Unless the board specifies otherwise, if the request to ask a question is approved, the board will direct the question to the person submitting testimony.

g.

Before the hearing has concluded, the board shall restate the issues and comment upon the law and facts pertaining to the decision, and if opportunity for rebuttal is provided, may ask additional questions of any person who has testified or presented information.

(3)

Findings and order. Unless the board and the developer agree to an extension, the board shall, within 20 working days of the hearing, prepare an order including:

a.

A statement of the applicable criteria and standards against which the proposal was tested.

b.

Findings of facts which established compliance or noncompliance with the applicable criteria and standards of this Land Development Code.

c.

The reasons for a conclusion to approve, conditionally approve, or deny.

(4)

Record of proceedings.

a.

All proceedings shall be recorded stenographically or electronically and shall be transcribed, if required for review, or if ordered by the board.

b.

The board shall, where practicable, include in the hearing record each item of physical or documentary evidence presented and shall mark each item to show the identity of the person who presented it. Each exhibit received into evidence shall be retained in the hearing file until after the applicable appeal period has expired, when it may be returned to the person identified thereon, or otherwise disposed of in accordance with state law.

c.

The findings and order shall be included in the record.

(Ord. No. 91-6, § 3(12.02.10), 2-11-1992; Ord. No. 2009-03, § 9(12.02.10), 6-9-2009)

(a)

Application. Applications for development review shall be available from the town manager. 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)

General plan requirements. All preliminary and final development plans submitted pursuant to this Land Development Code shall conform to the following standards:

(1)

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

(2)

The trim line sheet size shall be 24 inches by 36 inches. A three-quarter-inch margin shall be provided on all sides, except for the left binding side where a two-inch margin shall be provided.

(3)

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

(4)

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 sections, township and range, together with the principal roads, town limits and/or other pertinent orientation information.

b.

A complete legal description of the property.

c.

The name, address and telephone number of the owners, developers and consultants 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.

Submit a copy of a boundary survey and a copy of the recorded warranty deed. If the applicant is a contractual buyer then a copy of the executed contract must be provided.

e.

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

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.

(5)

21 copies of the submittal shall be required.

(6)

Unless a format is specifically called for in the rest of this section, 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 Land Development Code have been met.

(c)

Concept plan. Each concept plan shall show:

(1)

The location of existing property or right-of-way lines both for private and public property, streets, railroads, buildings, transmission lines, sewers, bridges, culverts, drain pipes, water mains, fire hydrants and any public or private easements within 500 feet of the proposal.

(2)

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

(3)

Contour lines at one foot intervals.

(4)

All watercourses, water bodies, floodplains, wetlands, important natural features and wildlife areas, soil types and vegetative cover (to include a description of the cover.)

(5)

The approximate location of protected environmentally sensitive zones, restricted development zones and conservation areas, as established in article V of this Land Development Code.

(6)

Existing land use/zoning district of the parcel.

(7)

A depiction of the abutting property within 500 feet of the proposal, not including public rights-of-way in the measurement, showing:

a.

Land uses and locations of principal structures and major landscape features.

b.

Densities of residential use.

c.

Traffic circulation systems.

(8)

Location of proposed development in relation to any established urban serve areas.

(d)

Proposed development activities and design.

(1)

The approximate location and intensity or density of the proposed development.

(2)

A general parking and circulation plan.

(3)

Points of ingress to and egress from the site by way of existing or planned public or private road rights-of-way, pedestrian ways or bicycle paths, and proposed access points to existing or planned public transportation facilities.

(4)

Existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public water management systems.

(5)

Proposed location and sizing of potable water and waste water facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

(6)

Proposed open space areas on the development site and types of activities proposed to be permitted on them.

(7)

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.

(8)

A description of how the plan mitigates or avoids potential conflicts between land uses.

(9)

Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.

Note— Architectural elevations are required even though no authority is given for denying a development plan based on the architectural style. Requiring elevations allows the development review board to comment on the elevations and suggest changes. Once submitted, the elevations may be considered to be a part of the approved development plan and the developer may be required to build in conformity with the elevations.

(e)

Preliminary development plan. A preliminary development plan shall include the information required in a concept plan, plus the following additional or more detailed information:

(1)

Existing conditions.

a.

A recent (taken not more than one year before the date of application) aerial photograph encompassing the project area and identifying the project area and total land areas. The scale shall be no smaller than one inch equals 800 feet.

b.

A soils map of the site (existing U.S. Soil Conservation Service maps are acceptable).

c.

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

d.

A topographic map of the site clearly showing the location, identification and elevation of benchmarks, including at least one benchmark for each major water control structure.

e.

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

f.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including seasonal high-water table elevations and attendant drainage areas for each.

g.

Complete description of measures to be implemented during the construction period to mitigate adverse quantity and quality impacts off-site. Included shall be data on the quality of on site or adjoining water bodies and the quality of any existing runoff from its property.

h.

A map showing the locations of any soil borings or percolation tests, as may be required by this Land Development Code. Percolation tests representative of design conditions shall be performed if the stormwater management system will use swales, percolation (retention) or exfiltration (detention with filtration) designs. If muck soils exist, their depth and extent must be identified.

i.

A depiction of the site, and all land within 500 feet of any property line of the site, showing the locations of protected environmentally sensitive zones and restricted development zones.

j.

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

k.

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

l.

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

m.

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

(2)

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 number, location, dimensions, gross floor area, height and proposed use of buildings.

2.

Front, rear and side architectural elevations of all buildings.

3.

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

4.

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

5.

The location, dimension, type, composition and intended use of all other structures.

Note— Architectural elevations are required even though no authority is given for denying a development plan based on the architectural style. Requiring elevations allows the development review board to comment on the elevations and suggest changes. Once submitted, the elevations may be considered to be a part of the approved development plan and the developer may be required to build in conformity with the elevations.

c.

Potable water and wastewater systems.

1.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

2.

The boundaries of proposed utility easements.

3.

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.

4.

Exact locations of on-site and nearby existing and proposed fire hydrants.

d.

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 roads, public and private paved areas.

2.

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

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.

7.

Improvements to roads serving the development (off-site).

8.

A traffic study.

e.

Tree removal and protection.

1.

All protected trees (with their dimension at breast height (DBH)) to be removed and a statement of why they are to be removed.

2.

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

3.

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

4.

A statement of tree relocations and replacements proposed.

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.

Irrigations system design.

4.

A drawing to scale incorporating the tree and landscape design.

g.

Stormwater management.

1.

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.

2.

A description of the proposed stormwater management system, including:

(i)

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

(ii)

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

(iii)

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

(iv)

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.

(v)

Linkages with existing or planned stormwater management systems.

(vi)

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.

(vii)

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

3.

Drainage calculations including:

(i)

Design storms used, including depth, duration and distribution.

(ii)

Off-site inflows.

(iii)

Stage storage computations for the project and stage discharge computations for the outfall structures.

4.

Acreages and percentage of property proposed as:

(i)

Impervious surfaces (excluding water bodies).

(ii)

Pervious surfaces (green areas).

(iii)

Lakes, canals, retention areas, etc.

(iv)

Total acreage of project.

5.

Runoff routing calculations showing discharges, elevations and volumes retained and/or detained during applicable storm events. Included should be the necessary mathematical computations to demonstrate that the proposed development will not remove net storage from the basin for events up to the 100-year frequency.

6.

Calculations required for determination of minimum building floor and road elevations.

7.

The location of off-site water resource facilities such as works, surface water management systems, wells or wellfields, that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

8.

Runoff calculations shall be in accordance with the stormwater management regulations.

h.

Environmentally sensitive lands.

1.

The exact sites and specifications for all proposed drainage, filling, grading, dredging and vegetation removal activities, including estimated quantities of excavation or fill materials computed from cross sections, proposed within a protected environmentally sensitive zone or restricted development zone.

2.

Detailed statement or other materials showing the following:

(i)

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

(ii)

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

3.

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

i.

Signs.

1.

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

2.

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

(i)

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

(ii)

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

(iii)

The speed limit on adjacent streets.

3.

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

(i)

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.

(ii)

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

(iii)

A building elevation or other documentation indicating the building dimensions.

j.

Subdivision. Proposed number, minimum area and location of lots, if development involves a subdivision of land.

k.

Land use and dedications.

1.

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

2.

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.

3.

The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) shall be given.

4.

Location of proposed development in relation to any established urban service areas.

l.

Wellfield protection. Location of onsite wells, and wells within 1,000 feet of any property line, except private wells for single-family homes. Where such wells exist or are proposed, division 5.02.00 of this Land Development Code shall be complied with.

m.

Historic and archaeologic sites. The manner in which historic and archaeologic sites on the site, or within 1,000 feet of any boundary of the site, will be protected.

(f)

Final development plan. A final development plan shall include the information required in a preliminary development plan plus the following additional or more detailed information:

(1)

A metes and bounds description of lands to be subdivided, from which and without reference to the plat, the starting point and boundary can be determined.

(2)

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

(3)

All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered or lettered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions.

(4)

All interior excluded parcels shall be clearly indicated and labeled: "Not Part of This Plat/Development."

(5)

All contiguous properties shall be identified by development title, plat book and page, or if the land is unplatted, it shall be so designated. If a subdivision to be platted is a resubdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. The abutting existing right-of-way must be indicated to the centerline.

(6)

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

(7)

Where the development includes private streets, ownership and maintenance association documents shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the town or any other public agency.

(8)

All manmade lakes, ponds, and other manmade bodies of water excluding retention/detention areas shown on the final development plan shall be made a part of adjacent private lots, as shown on the final plat. The ownership of these bodies of water shall not be dedicated to the public unless approved by the town.

(g)

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

(1)

A concept plan for the entire master plan area.

(2)

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

(3)

A development phasing schedule including:

a.

The sequence for each phase;

b.

Approximate size of the area in each phase; and

c.

Proposed phasing of construction of public recreation and common open space areas and facilities.

(4)

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

(5)

Number, height and type of residential units.

(6)

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

(7)

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

(8)

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

(9)

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

(10)

A vicinity map of the area within one mile surrounding the site showing:

a.

Land use designations and boundaries.

b.

Traffic circulation systems.

c.

Major public facilities.

d.

Municipal boundary lines.

e.

Urban service area boundaries.

(11)

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

Note— A master plan is required whenever a major development is to be implemented in phases. The required information permits the department, the technical review committee, the development review board and interested citizens to review each phase independently and in the context of an overall development plan. The purpose is to ensure that adequate consideration is made of all effects of the component parts on each other, the completed project and the affected community.

(Ord. No. 91-6, § 3(12.02.11), 2-11-1992; Ord. No. 94-2, § 1(c), 2-8-1994; Ord. No. 2009-03, § 9(12.02.11), 6-9-2009)

(a)

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

(b)

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

(c)

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

(d)

Review by town council. Review of the plat by the town council shall be strictly limited to whether the plat conforms to the requirements of F.S. ch. 177. A conforming plat shall be approved and the town shall forthwith issue the development order allowing development to proceed. The town council shall return nonconforming plats to the developer with an explanation of deficiencies and a notice that a corrected plat may be resubmitted for approval.

(Ord. No. 91-6, § 3(12.02.12), 2-11-1992; Ord. No. 2009-03, § 9(12.02.12), 6-9-2009)

(a)

Applicability.

(1)

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

(2)

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

(3)

This section does not modify existing agreements between a developer and the town for subdivisions platted and final development orders granted prior to the effective date of this Land Development Code, 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, shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

(1)

An agreement that all improvement, whether required by this Land Development Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Land Development Code. (See subsection 1.04.02(1)j.)

(2)

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

(3)

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

a.

An estimate prepared and provided by the applicant's engineer.

b.

A copy of the executed construction contract provided.

(4)

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

(5)

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

(6)

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

(7)

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

(c)

Amount and type of security.

(1)

The amount of the security listed in the improvement agreement shall be approved as adequate by the town manager.

(2)

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

a.

Cashiers check.

b.

Certified check.

c.

Developer/lender/town agreement.

d.

Interest bearing certificate of deposit.

e.

Irrevocable letters of credit.

f.

Surety bond.

(3)

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

(4)

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

(d)

Completion of improvements.

(1)

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is recommended by the town engineer. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one copy of all test results. Costs of inspections by the town engineer shall be paid by the developer to the town prior to release of any security requirement.

(2)

As required improvements are completed and accepted, the developer may apply for release of all or a portion of the bond consistent with the requirement in subsection (c)(3) of this section.

(e)

Maintenance of improvements.

(1)

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

a.

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

b.

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

c.

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

d.

The original agreement shall be maintained by the town manager.

(2)

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

a.

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

b.

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

c.

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

(3)

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

(Ord. No. 91-6, § 3(12.02.13), 2-11-1992)

(a)

Generally. The town may approve a minor replat that conforms to the requirements of this division.

(b)

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

(1)

An application form provided by the department accompanied;

(2)

21 paper copies of the proposed minor replat;

(3)

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

(4)

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

(c)

Review procedure.

(1)

The town shall transmit a copy of the proposed minor replat to staff and town council for review and comments.

(2)

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

(d)

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

(Ord. No. 91-6, § 3(12.03.01), 2-11-1992; Ord. No. 2016-01, § 18, 7-12-2016)

(a)

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

(1)

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

(2)

Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum lot width for the zoning district/category where the lots are located.

(3)

If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Land Development Code, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

(b)

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

(Ord. No. 91-6, § 3(12.03.02), 2-11-1992)

Application for a development (building) permit shall be made to the town on a form provided by the town. The town shall be provided a nonrefundable application fee at the time of application which shall be established by resolution of the town council and on file in the town clerk's office and which shall be due at the time of application.

(Ord. No. 91-6, § 3(12.04.01), 2-11-1992; Ord. No. 99-6, § 5, 10-12-1999; Ord. No. 2009-03, § 9(12.04.01), 6-9-2009)

(a)

Issuance of building permits, collection of fees and inspection. Issuance of building permits, collection of fees and inspection of construction shall be by the town. Occupancy is not permitted prior to issuance of a certificate of occupancy by the town after written approval of the town manager.

(1)

The town has the duty and responsibility of administering the applicable ordinances, laws, rules and regulations governing building permits and the design, construction, erection, alteration, modification, demolition, repair, remodeling and moving of structures within the town.

(2)

The town shall provide all services, as may be necessary or required for the enforcement and administration of the regulation of building construction, remodeling or moving of structures of any type within the town. As set forth in section 6-2 of the Code of Ordinances, the town may also choose to contract with:

a.

The county;

b.

Another local government agency; or

c.

A private company to administer and enforce its building regulations.

(3)

By resolution, the town council may adopt a schedule of fees and such schedule for the issuance of building permits and making required inspections.

(4)

If the town adopts a schedule of fees by resolution, as set forth in subsection (a)(3) of this section, the town shall collect and retain all fees required in the administration and enforcement of this article.

(5)

All the rules, regulations and provisions set forth in such code are hereby declared to be the rules, regulations and provisions for building and construction for the town as fully and completely as if set forth in this section.

(6)

Ocoee fire department will concurrently review all development permits except residential and conduct such inspections as deemed necessary.

(b)

Permits for development in other than residential areas require approval of the town council.

(1)

All persons who desire to build, erect, move, place, remodel, add to, remove, reroof or remake substantial changes to any building, structure, well or septic system or pool or to install a fence or to pave a portion of their property shall apply to the town for a building permit.

(2)

Upon the issuance of any building permit, work on the construction authorized under such permit shall commence within 90 days from the issuance thereof and shall continue until such work is completed. Ordinary and usual work stoppages and stoppages over which the permittee has no control, and usual and customary delays in construction shall be permissible provided that if work under the permit has not begun within 90 days from the issuance thereof or if the work described in any permit has not been substantially completed within one year from the date of issuance thereof, or if the work having been commenced, shall not be continued until concluded, stoppages and delays as set forth herein excluded, then such permit shall expire and be of no further force and effect.

(3)

Certified foundation survey.

a.

The property owner or the general contractor, when acting as an agent for the property owner, shall file with the town a certified foundation survey applicable to the construction and/or alteration of every building for which a building permit has been issued and the survey shall be approved by the appropriate agency prior to the start of any permanent vertical construction other than the building foundation.

b.

The certified foundation survey is not required where the application for a building permit indicates that the estimated cost of construction and/or alterations will cost less than $500.00.

c.

The certified foundation survey is not required when alterations will not add to or change the original building foundation.

d.

Each application for a land use and/or building permit shall be accompanied by a site plan, drawn to scale and indicating:

1.

Property lines;

2.

Rights-of-way;

3.

Public utilities;

4.

Existing and proposed structures;

5.

Accessory buildings and structures;

6.

Proposed curb cuts;

7.

Driveways;

8.

Parking areas;

9.

Protected trees (their location, DBH, common name, estimated height);

10.

Trees proposed for removal (with data set forth in subsection (b)(3)d.9 of this section and the reason for removal);

11.

Landscape plans (with grade, spacing, size and names of proposed landscape materials);

12.

Irrigation plans;

13.

The normal high-water line; and

14.

Current waterfront line.

Extracts or copies of information contained in prior approved development orders shall be attached or upgraded as required by the town manager.

e.

Additional stormwater requirements were determined to be necessary within the town for new, enlarged or expanded structures, unless otherwise exempted by section 6.05.03 of the Land Development Code. Changes where less than 125 square feet of impervious area are increased are exempt from these additional requirements (but still require a building permit) for the initial change made upon a property, but owners shall be required to comply for any subsequent changes. These additional requirements provide for retention of the runoff from the developed state generated by the first inch of rainfall. Retention ponds, filtered recharge wells, grassed swales along street rights-of-way (and in hardship cases with special approvals in unpaved street rights-of-way), natural ponding areas, or grading and retention for street frontage. The owner shall also provide means of retention so that the waters are not moved to the adjoining property and special attention must be paid to the prevention of runoff into canals and lakes by devices that are above the recorded high-water levels experienced on the water body.

1.

The owner shall provide a survey or certified engineering drawing indicating the elevation of improvements, adjacent streets, canals and lakes with the direction of flow of rain stormwater, any grading or fill information, the types of soil and if less than three feet, the depth to the water table. Elevations above 97.5 feet MSL (mean sea level) on Lake Bessie and 99.5 feet MSL on other water bodies shall be show in one-foot increments.

2.

The owner will indicate on the survey or drawing his proposed means for handling the stormwater runoff and provide a narrative description as to his methods and quantities of water being retained. No work will be commenced until approval by the town. Computations shall be included.

3.

Upon completion of construction on (i) property located in a residential zoning district, or (ii) a lot in a planned unit development used for single-family residential purposes, the town shall inspect the stormwater retention improvements for compliance with the approved stormwater plans developed in subsections (b)(3)e.1 and (b)(3)e.2, immediately above. A certificate of occupancy may not be issued until approval of the stormwater improvements by the town.

4.

Upon completion of construction on all other property not included in subsection (b)(3)e.3 immediately above, a letter from a civil engineer, landscape architect, surveyor or architect, registered in the state, shall be submitted to the town indicating that the stormwater retention improvements have been completed and that they comply with the approved stormwater plans developed in subsections (b)(3)e.1 and (b)(3)e.2 and in compliance with the applicable ordinances of the town. A certificate of occupancy may not be issued until approval of the stormwater improvements by the town.

5.

Upon completion of the certifications required in subsections (b)(3)e.3 and (b)(3)e.4 of this section, no changes will be made to the stormwater retention improvements in any way, without resubmission of a request as required by subsections (b)(3)e.1 and 2 of this section and subsequent recertification.

6.

Where compliance with this subsection (b) has not been completed and the property is occupied, the town manager is directed to file a complaint with the special magistrate.

(c)

Building permit.

(1)

Applications for building permits shall be checked and approved by the town manager. The ordinances and checklist shall be carefully followed. If a survey is not attached, the builder/owner shall certify the plans on the plot plan as correct. In all stormwater submissions, a survey shall be provided showing elevations. If the application concerns a lakefront or canal lot, the elevations shall be verified from a properly certified survey.

(2)

No vertical walls may be erected until a foundation survey is provided, which shall include certification of the pad elevation, checked by the town manager and a copy returned to the builder. A copy shall be filed with the application.

(d)

Flood hazard areas. Any request for a development permit in flood hazard areas shall also provide data required in section 5.05.01 of this Land Development Code and section 16-46 of the Code of Ordinances.

(Ord. No. 91-6, § 3(12.04.02), 2-11-1992; Ord. No. 94-2, § 1(f), 2-8-1994; Ord. No. 2009-03, § 9(12.04.02), 6-9-2009; Ord. No. 2010-05, § 2, 9-14-2010; Ord. No. 2010-10, § 1, 12-14-2010; Ord. No. 2015-04, § 1, 4-14-2015; Ord. No. 2016-01, § 19, 7-12-2016)

(a)

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

(b)

As set forth in the comprehensive plan, the town council, acting as the land planning agency, shall review the comprehensive plan (to include the level of service standards) and this Land Development Code, at least once each year and make such changes as are needed. The town council shall concurrently review the capital improvement program. Changes to the traffic element and solid waste subelement shall include a statement of findings supporting any change. In addition, until such time as a traffic impact fee is imposed, the town council shall consider that action during their annual review.

(Ord. No. 91-6, § 3(12.05.01), 2-11-1992)

Any person, board or agency may apply to the town to amend this Land Development Code or the comprehensive plan.

(Ord. No. 91-6, § 3(12.05.02), 2-11-1992)

The town manager shall refer the application to amend this Land Development Code to the technical review committee and the town planner for their comments and to the development review board for a hearing within 60 days of its receipt. Changes to this Land Development Code must ensure that changes are consistent and appropriate with the nature of the town.

(Ord. No. 91-6, § 3(12.05.03), 2-11-1992)

(a)

The town manager shall refer the application to amend the comprehensive plan to the town planner who shall schedule a public hearing within 60 days of receipt in accordance with F.S. ch. 163, F.A.C. ch. 9J-5 and Ordinance No. 4-88 set forth in section 7-28 of the Code of Ordinances (see exhibit K1, comprehensive plan which was adopted by reference in section 7-36 of the Code of Ordinances and is on file in the town clerk's office).

(b)

In any recommended change to the plan (in particular future land use amendments), the public facility and service recommendations in the capital improvement programs shall be reviewed to ensure compatibility with public facilities, changing land use patterns and new development demands.

(c)

The applicant is responsible for all costs (advertisements (four), preparation of elements requiring changes, preparation of new maps, printing and transmittal costs to Tallahassee (UPS or U.S. Post Office)) which shall be paid in three installments (at conclusion of each hearing). Fifteen copies of any amended element must be forwarded to the department of economic opportunity, community planning and development and a total of 15 copies must be reprinted.

(Ord. No. 91-6, § 3(12.05.04), 2-11-1992)

The board shall submit their written recommendation which:

(1)

Identifies any provision of this Land Development Code, plan or law relating to the proposed change and describes how the proposal relates to them.

(2)

Includes the written comments of others.

(3)

States factual and policy considerations pertaining to the recommendation.

(4)

Includes comments of the town planner with respect to the board's recommendations.

(Ord. No. 91-6, § 3(12.05.05), 2-11-1992)

The town council shall hold a public hearing within 60 days of receipt of the board or planner's recommendation as to the proposed amendments and may enact or reject the proposals or enact a modified proposal that is within the scope of matters considered in the hearing.

(Ord. No. 91-6, § 3(12.05.06), 2-11-1992)

A developer or any adversely affected person may appeal a final decision of the town on an application for a development permit, development order, or a decision as to whether a development is a minor development or a major development. Appeals are made to the town council by filing a notice of appeal with the town within 30 working days of the decision.

(Ord. No. 91-6, § 3(12.06.01), 2-11-1992)

A developer, an adversely affected party, or any person who appeared orally or in writing before the development review board and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision on a development plan reached at the conclusion of an administrative hearing to the town council.

(Ord. No. 91-6, § 3(12.06.02), 2-11-1992)

The notice of appeal shall contain:

(1)

A statement of the decision to be reviewed, and the date of the decision.

(2)

A statement of the interest of the person seeking review.

(3)

The specific error and applicable law alleged as the grounds of the appeal.

(Ord. No. 91-6, § 3(12.06.03), 2-11-1992)

When a decision is appealed to the town council, a hearing panel or officer assigned to hear the appeal shall conduct the hearing in compliance with the following procedures as supplemented where necessary:

(1)

Scope of review.

a.

The hearing officer's review shall be limited to the record and applicable law.

b.

The hearing officer shall have the authority to review questions of law only, including interpretations of this Land Development Code, and any constitution, ordinance, statute, law, or other rule or regulation of binding legal force. For this purpose, an allegation that a decision of the decision-maker is not supported by competent substantial evidence in the record as a whole is deemed to be a question of law. The hearing officer may not re-weigh the evidence, but must decide only whether any reasonable construction of the evidence supports the decision under review.

(2)

Authority of hearing officer or board. A hearing officer shall have the authority:

a.

To request briefs to be filed on behalf of any party and prescribe filing and service requirements.

b.

To hear oral argument on behalf of any party.

c.

To adjourn, continue or grant extensions of time for compliance with these rules, either on his own motion or upon application of the party, provided no requirement of law is violated.

d.

To dispose of procedural requests or similar matters, including motions to amend and motions to consolidate.

e.

To keep a record of all persons requesting notice of the decision in each case.

(3)

Improper influence.

a.

No person who is a party, nor a person who is reasonable likely to become a party in the near future, nor anyone appearing on behalf of a party, shall communicate ex parte, i.e., outside a hearing, with a hearing officer concerning any application pending or proposed; provided, however, a hearing officer may consider requests regarding scheduling of hearings when made in writing.

b.

A person who accepts an appointment as a hearing officer is, for a period of two years from the date of termination as a hearing officer, hereby expressly prohibited from acting as agent or attorney in any proceeding, application or other matter before any proceeding, application or other matter before any commission, board, agent or office of town government, involving property which was the subject of an application which was pending during the person's term as a hearing officer.

c.

A hearing officer shall neither initiate nor consider ex parte, i.e., outside a hearing, communications concerning a pending or impending proceeding. A hearing officer, however, may obtain the advice of a disinterested expert on law, planning or other subject applicable to a proceeding before him if he gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond.

(4)

Decision of hearing officer or panel and final action.

a.

The hearing officer must affirm each contested decision or find it to be in error. The hearing officer shall prepare a written opinion stating the legal basis for each ruling.

b.

When the hearing officer affirms a contested decision pertaining to a final action of a decision-maker, that action shall be deemed to be the final action of the decision-maker and shall be subjected to no further review under this Land Development Code. The hearing officer shall submit the opinion to the decision-maker, the parties and the town.

c.

When the hearing officer finds any decision to be in error, that decision shall be referred back to the decision-maker for reconsideration in light of the hearing officer's opinion. If the decision-maker reaffirms the original decision, it shall be deemed to be the final action of the decision-maker and shall be submitted to no further review under this Land Development Code. Revised decisions of the decision-maker shall also be deemed to be final action of the decision-maker and shall be submitted to no further review under this Land Development Code, unless the revised decision raises issues of law not considered in the initial appellate hearing, in which case it may be appealed pursuant to the procedures in this division. If the decision-maker takes no action within 15 days of the hearing officer's decision the original decision of the decision-maker shall be deemed reaffirmed.

(5)

Custody of books and papers. The town clerk shall be the custodian of all documents including the application, the hearing officer's decision, and the record of the proceedings.

(Ord. No. 91-6, § 3(12.06.04), 2-11-1992)

A final legislative action of the town council may be reviewed in a court of proper jurisdiction as prescribed by law.

(Ord. No. 91-6, § 3(12.07.01), 2-11-1992)

Final actions of a hearing officer or panel may be reviewed in a court of proper jurisdiction as prescribed by law.

(Ord. No. 91-6, § 3(12.07.02), 2-11-1992)

A party to an administrative or appellate hearing may challenge the impartiality of any member of the hearing body or of the hearing officer. The challenge shall state by affidavit facts relating to a bias, prejudgment, personal interest or other facts from which the challenger has concluded that the decision-maker cannot participate in an impartial manner. Except for good cause shown, the challenge shall be delivered by personal service to the town manager no less than 48 hours preceding the time set for the hearing. The manager shall attempt to notify the person whose qualifications are challenged prior to the hearing. The challenge shall be incorporated into the record of the hearing.

(Ord. No. 91-6, § 3(12.08.01), 2-11-1992)

No member of the town council or committee shall hear or rule upon a proposal if:

(1)

Any of the following have a direct or substantial financial interest in the proposal:

a.

The decision-maker or the decision-maker's spouse, brother, sister, child, parent, father-in-law, mother-in-law;

b.

Any business in which the decision-maker is then serving or has served within the previous two years; or

c.

Any business with which the decision-maker is negotiating for or has an arrangement or understanding concerning prospective partnership or employment;

(2)

The decision-maker owns property within the area entitled to receive notice of the hearing;

(3)

The decision-maker has a direct private interest in the proposal;

(4)

The decision-maker would violate F.S. ch. 112, part III, the code of ethics for public officers and employees; or

(5)

For any other valid reason, the decision-maker has determined that he cannot impartially participate in the hearing and decision.

(Ord. No. 91-6, § 3(12.08.02), 2-11-1992)

No officer or employee of the town who has a financial or other private interest in a proposal shall participate in discussions with or give an official opinion to the hearing body or hearing officer on the proposal without first declaring for the record the nature and extent of the interest.

(Ord. No. 91-6, § 3(12.08.03), 2-11-1992)

Administrative decision-makers shall reveal any pre-hearing or ex parte, i.e., outside the hearing, contacts with regard to any matter at the commencement of the hearing on the matter. Typical preapplication discussions that do not dwell upon the particulars of the proposal are presumed and need not be stated. If the decision-maker's impartiality or ability to vote on the matter has been impaired, the decision-maker shall so state and shall abstain from participation in the decision. Appellate decision-makers shall have no ex parte contacts.

(Ord. No. 91-6, § 3(12.08.04), 2-11-1992)

State Law reference— Ex parte communications, access to officials regarding land use matters, F.S. § 286.0115.

A majority of the members of a hearing body present and voting may for reasons prescribed by this Land Development Code or other applicable law, vote to disqualify a member who has refused to disqualify himself.

(Ord. No. 91-6, § 3(12.08.05), 2-11-1992)

(a)

An abstaining or disqualified member of a hearing body shall not be counted for purposes of forming a quorum.

(b)

A member who takes a position on the issue based upon personal interest may do so only by abstaining from voting on the proposal, vacating the seat on the hearing body, physically joining the audience, and making full disclosure of his status and position at the time of addressing the hearing body.

(c)

If the hearing body is reduced to less than a quorum by abstentions or disqualifications, all members present after stating their reasons for abstention or disqualification shall be re-qualified and proceed to resolve the issues.

(d)

A member absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member has reviewed the evidence received.

(Ord. No. 91-6, § 3(12.08.06), 2-11-1992)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Major deviations means a deviation other than a minor deviation, from a final development plan.

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

(1)

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

(2)

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

(Ord. No. 91-6, § 3(12.09.01), 2-11-1992)

(a)

Inspection. The town shall implement a procedure for periodic inspection of development work in progress to ensure compliance with the development permit which authorized the activity.

(b)

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

(c)

Major deviations.

(1)

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

a.

Place the matter on the next agenda of the development review board, allowing for adequate notice, and recommend appropriate action for the board to take.

b.

Issue a stop work order, and/or refuse to allow occupancy of all or part of the development, if deemed necessary to protect the public interest. The order shall remain in effect until the department determines that work or occupancy may proceed pursuant to the decision of the development review board.

c.

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

(2)

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

a.

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

b.

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

c.

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

(d)

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

(Ord. No. 91-6, § 3(12.09.02), 2-11-1992; Ord. No. 2009-03, § 9(12.09.02), 6-9-2009)

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

(Ord. No. 91-6, § 3(12.09.03), 2-11-1992; Ord. No. 2009-03, § 9(12.09.03), 6-9-2009)

The special magistrate shall enforce this Land Development Code according to the procedures set forth in this division.

(Ord. No. 91-6, § 3(12.10.01), 2-11-1992)

The enforcement procedures are as set forth in section 11.06.00.

(Ord. No. 91-6, § 3(12.10.02), 2-11-1992)

Editor's note— Ord. No. 2014-16, § 1, adopted December 9, 2014, in effect repealed § 12.10.03, which pertained to tree removal penalty and derived from Ord. No. 91-6, adopted February 11, 1992.

In addition to the penalties prescribed in section 12.10.03, the special magistrate shall:

(1)

Direct the town manager not to issue any subsequent development orders for the development until the violation has been corrected.

(2)

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(Ord. No. 91-6, § 3(12.10.04), 2-11-1992)