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CITY OF WINTER SPRINGS
112805 _ COMM_Information_304_Private_Subdivision_M aintenance_Standards
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COMMISSION AGENDA
ITEM 304
Consent
Informational
Public Hearin
Re ular
x
Mgr.
~/
Dept.
AuthorIzatIon
November 28. 2005
Regular Meeting
REQUEST: City Manager providing the City Commission with information it requested
regarding private subdivision maintenance standards.
PURPOSE: This agenda item is needed to provide the Commission with information it requested.
CONSIDERATIONS:
The City Commission requested a copy of the deed restrictions the City of Longwood requires to be
placed in private subdivisions covenants and deed restrictions.
FUNDING: Not Applicable
ATTACHMENTS:
City of Longwood Requirements and Deed Restrictions for Infrastructures
COMMISSION ACTION:
-
PRIVATE SUBDIVISION
ReQuirements and Deed Restrictions for Infrastructures
The City of Longwood ("City") recognizes the desire for private subdivisions, including those with
limited access, private infrastructure, gated and or not gated. It also recognizes that the public
interest is served only when the "infrastructure" such as but not limited to streets, drainage, walls,
buffers, lighting, landscaping and signage of the community is allowed as a privilege, not a right,
of the developer and the subsequent property owners. The infrastructure must comply with City
standards.
The privilege of having a Subdivision runs with the land and is subject to forfeiture for failing to
comply with any of the following conditions. The City has the right to revoke privileges and/or
assume ownership including but not limited to gates, infrastructure and common areas if any of
the following requirements are not in compliance.
GENERAL REQUIREMENTS
A Subdivision with access as approved by the City will comply and include the following as
disclosures in the Declaration of Restrictions and Covenants of record:
1. Street and drainage shall be platted as separate tracts separate from the common area
tract and tract of individual lots
2. Streets and drainage improvements shall be owned and maintained by a mandatory
home/property owners association.
3. Transfer of property rights to the City of Longwood will require concurrence of 60% of the
property owners unless it occurs as forfeiture to the City.
4. Access easement rights over the tracts shall be maintained in perpetuity.
5. The Developer shall construct all infrastructure to City standards as approved by the City
and include certificates of completion and approval of maintenance as if the systems
were "public improvemenf' and as provided for in the City of Longwood Manual of
Standards.
6. Entry gates shall be equipped with override devices as approved by the City to allow
access to the community by emergency response/public safety and City personnel and
shall include a battery back-up system.
City of Longwood
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Updated: July 26, 2004
7. Prior to the recording of the project/subdivision plat the developer shall record in the
Official Records of Seminole County and file a recorded copy of same documentation
with the City of Longwood the declaration of deed restrictions and covenants. The
documents are to be to the City's satisfaction, legally sufficient and enforceable to
accomplish or otherwise ensure the following:
. Establish a "mandatory" home/property owners association (HOA) with the ability and
duty to make assessments and collect on assessments for annual routine
maintenance of all infrastructure and other common areas. Such assessments are to
be in an amount or amounts approved by the City prior to recordation to be sufficient
to meet the annual maintenance and required reserves. All assessments and
reserves shall comply with Florida Statutes, including Chapter 720.
. Establish a fund for reserves for periodic major replacement or renovation to common
areas, infrastructure, including ponds and repaving of roads. The minimum level of
reserves shall be maintained in perpetuity and replenished as part of the annual
assessments. The minimum level of reserves shall be in such amount or amounts as
approved by the City prior to recordation.
. Provide that all common area and infrastructure system funds shall be held in
accounts separate and apart from all other HOA funds and otherwise comply with
Florida Statutes.
. Require an annual audit or other financial report (in form and detail acceptable to the
City) to be submitted to the City confirming existence and proper maintenance of their
infrastructure system funds.
. Require an inspection of the street, drainage and retention system by a registered
engineer every three (3) years. This inspection shall, using good engineering
practices, include but not be limited to determining the level of maintenance and
identify any needed repairs. The. inspection shall be written in a report format.
Report must be submitted to the City within sixty (60) calendar days following
inspection and will require City inspection upon competition of such repairs. All
maintenance and repairs shall be completed within one hundred and twenty (120)
days of the date of the report.
. Require that the streets shall be resurfaced at least once every twelve (12) years or
as required and will meet current City standards.
. The Development Order and these Requirements and Deed Restrictions shall be
attached to all sale contracts and acknowledged by signature and date by the seller
and purchaser.
. Expressly hold the City harmless from any tort liability or award of damages related to
or stemming from, the common areas, infrastructure and including but not limited to
cost of maintenance and reconstruction.
. Expressly disclose that homeowners/property owners receive no discount in property
or other taxes because of private streets infrastructure.
. Declare that upon any default in any of these requirements, the City, at its option and
after due notice of its declaration of a default and the stated time to cure, may
remove the gates and upon dedication of any or all infrastructure assume the
responsibility for maintenance, using available HOA revenues, or if an insufficient
amount exists, use other financing methods as the City may elect (Le. assessments).
City of Longwood
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Updated: July 26, 2004
· Require that standard and basic traffic enforcement shall be enforced by the City of
Longwood Police Department. Code enforcement shall be enforced by the City.
8. Documents pertaining to the subdivision conditions/requirements described herein shall
be in a form acceptable to the City shall be included in deed restrictions and covenants
for each lot and using the standard developer's agreement form shall be submitted for
review by the City prior to plat recording.
Additional and Specific DEED RESTRICTIONS:
1. No fences, sheds or storage of any materials allowed in easements related to the
drainage systems and ponds.
2. All common areas, easements, water bodies, sidewalks, roadways and infrastructure are
to be maintained using best management practices.
3. All Storm water systems including swales and lot grades shall be maintained at installed
and established elevations. All storm water collection systems will receive regular
maintenance to be free a debris, inspected and cleaned not less than once a year. The
inspection and maintenance to be certified by letter thirty (30) days after each annual
inspection to the City of Longwood.
4. All homes will have and maintain gutters to receive rainwater and direct runoff to the
appropriate drainage system.
5. Disclose on lots that are at the maximum impervious surface ratio or highest set-backs
that pools, sheds and other improvements may not be able to be constructed on the
property and the City of Longwood will not accept applications for variances to construct
pools, sheds or anything that will increase the imperviousness of the property.
City of Longwood
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Updated: July 26, 2004