HomeMy WebLinkAbout2025 01 13 Public Hearing 401 - First Reading Ordinance 2025-02: Land Development and SubdivisionsPUBLIC HEARINGS AGENDA ITEM 401
CITY COMMISSION AGENDA | JANUARY 13, 2025 REGULAR MEETING
TITLE
First Reading of Ordinance 2025-02: Land Development and Subdivisions
SUMMARY
The Community Development Department has worked with the City Attorney’s Office
to draft proposed changes to Chapter 9, Land Development, of the City Code. Staff
noted that the language in the City Code pertaining to platting had not been
significantly updated since 1974; in addition to the language being fifty years old, the
language did not make a clear distinction between platting and site plans. The Florida
Legislature created a new Section 177.073, Florida Statutes, requiring that
municipalities create a program to expedite the process for issuing building permits
for residential subdivisions or planned communities in accordance with the Florida
Building Code before a final plat is recorded with the clerk of the circuit court. The
legislature also required municipalities to create a master building permit process for
applicants seeking multiple building permits for residential subdivisions or planned
communities. The City Attorney’s Office drafted changes to resolve all of the issues
mentioned above as well as to comply with the various changes to Florida Statutes.
Staff recommends City Commission approve Ordinance 2025-02.
FUNDING SOURCE
N/A
RECOMMENDATION
Staff recommends City Commission hold a Public Hearing and approve the first
reading of Ordinance 2025-02.
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ORDINANCE NO. 2025-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WINTER SPRINGS RELATING
TO SUBDIVISION APPLICATION REQUIREMENTS AND
PROCESSING PROCEDURES FOR BOTH PRELIMINARY AND
FINAL PLATS; ALTERING THE REQUIREMENTS FOR
POSTING SECURITY PRIOR TO FINAL PLAT APPROVAL TO
ENSURE COMPLETION OF REQUIRED IMPROVEMENTS;
AMENDING THE PROCESSING PROCEDURES FOR FINAL
ENGINEERING AND SITE PLANS FOR CONFORMITY WITH
CHAPTER 20; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Florida Legislature, via Chapter 2024-210, Laws of Florida, creating a
new Section 177.073, Florida Statutes, has required that the governing body of a municipality shall
create a program to expedite the process for issuing building permits for residential subdivisions or
planned communities in accordance with the Florida Building Code before a final plat is recorded
with the clerk of the circuit court; and
WHEREAS, the expedited process must include an application for an applicant to identify
the percentage of planned homes, not to exceed 50 percent of the residential subdivision or planned
community, or the number of building permits that the governing body must issue for the
residential subdivision or planned community prior to approval of the final plat; and
WHEREAS, by December 31, 2027, the expedited process must include an application for
an applicant to identify the percentage of planned homes, not to exceed 75 percent of the
residential subdivision or planned community, or the number of building permits that the
governing body must issue for the residential subdivision or planned community prior to approval
of the final plat; and
WHEREAS, the Florida Legislature has further required that the governing body of a
municipality create a two-step application process for the adoption of a preliminary plat, inclusive
of any plans, in order to expedite the issuance of building permits; and
WHEREAS, the preliminary plat application must allow an applicant to identify the
percentage of planned homes or the number of building permits that the governing body must issue
for the residential subdivision or planned community prior to the approval of a final plat; and
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WHEREAS, the City must also create a master building permit process consistent with
s. 553.794, Florida Statutes, for applicants seeking multiple building permits for residential
subdivisions or planned communities, which shall be valid for 3 consecutive years after its
issuance or until the adoption of a new Florida Building Code, whichever is earlier. After a new
Florida Building Code is adopted, the applicant may apply for a new master building permit,
which, upon approval, is valid for 3 consecutive years; and
WHEREAS, an applicant homebuilder or developer who files an application with the City
for a subdivision may contract to sell, but may not transfer ownership of, a residential structure or
building located in the residential subdivision or planned community until the final plat is
approved by the City Commission and recorded in the public records by the clerk of the circuit
court; and
WHEREAS, an applicant may not obtain a temporary or final certificate of occupancy for
each residential structure or building for which a building permit is issued until the final plat is
approved by the City Commission and recorded in the public records by the clerk of the circuit
court; and
WHEREAS, the City of Winter Springs does not currently have a clearly delineated
preliminary and final plat process and must update its ordinances to comply with current
legislation; and
WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City’s
Planning & Zoning Board/Land Planning Agency has reviewed and recommended adoption of this
Ordinance at a duly held public meeting; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens
of Winter Springs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Code Amendment. Chapter 9, of the City Code is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is
intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 9 – LAND DEVELOPMENT
ARTICLE I. – IN GENERAL
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Sec. 9-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Alley means a right-of-way providing a secondary means of access and service to abutting
property.
Block includes "tier" or "group" and means a group of lots existing within well-defined and
fixed boundaries, usually being an area surrounded by streets or other physical features and
having an assigned number, letter or other name through which it may be identified.
Boundary line adjustment. An adjustment of a boundary line between contiguous lots or
parcels, which may be platted or unplatted and which are under separate ownership or the same
ownership, where such adjustment does not create any additional lots.
Building shall mean any structure designed or built for the support, enclosure, shelter or
protection of persons, animals or chattels of any kind.
Ditch means an open cut with a slope deeper than 3:1.
Easement means any strip of land created by a subdivider for public or private utilities,
drainage, sanitation, or other specified uses having limitations, the title to which shall remain in
the name of the property owner, subject to the right of use designated in the reservation of the
servitude.
Flag lot shall mean any lot with less than the required lot width at the front set back as
specified in the bulk regulations for a zoning district that widens in a corridor or driveway like
fashion to the required minimum width farther from the street. Flag lots, although not a favored
and traditional shape of a buildable lot, are intended to allow development of parcels that would
otherwise be undevelopable due to constraints of terrain or size and shape of the original parcel.
Improvements may include, but are not limited to, street pavements, curbs and gutters,
sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or
drains, street names, signs, landscaping, permanent reference monuments (PRM's), permanent
control points (PCP's), or any other improvement required by a governing body.
Lot, tract or parcel means the least fractional part of subdivided lands having limited fixed
boundaries, and an assigned number, letter or other name through which it may be identified.
Plat means a map or delineated representation of the subdivision of lands, being a complete
exact representation of the subdivision and other information in compliance with the
requirements of all applicable sections of this chapter and of any local ordinances, and may
include the terms "replat," "amended plat" or "revised plat."
Plat, final means the final plat and supporting data representing a land survey of lots, blocks
and streets, and the engineering plans and specifications for streets, utilities and other
improvements. means the final tracing, map, or site plan presented by the subdivider to the City
Commission for final approval, and, upon approval by the City Commission, is submitted to the
clerk of the circuit court for recording.
Plan Plat, preliminary means a preliminary plan with supporting data for a proposed
development of streets, lots, block and utilities. means a map or delineated representation of the
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subdivision of lands that is a complete and exact representation of the residential subdivision or
planned community and contains any additional information needed to be in compliance with the
requirements of this chapter and Chapter 177, Florida Statutes.
Public utility includes any public or private utility, such as, but not limited to, storm
drainage, sanitary sewers, electric power, water service, gas service, telephone line, or
cablevision whether underground or overhead.
Right-of-way means land dedicated, deeded, used or to be used, for a street, alley, walkway,
boulevard, drainage facility, access for ingress and egress, or other purpose by the public, or
certain designated individuals or governing bodies.
Site and final engineering plans means engineering plans, or site plans, or their functional
equivalent, submitted by an applicant in accordance with Chapter 20, Zoning.
Street includes any accessway such as a street, road, lane, highway, avenue, boulevard, alley,
parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying
between the right-of-way lines as delineated on a plat showing such street, whether improved or
unimproved, but shall not include those accessways such as easements and rights-of-way
intended solely for limited utility purposes, such as for electric power lines, gas lines, telephone
lines, water lines, drainage and sanitary sewers and easements of ingress and egress. Streets shall
be classified as follows:
(1) Arterial.
(2) Collector.
(3) Minor, as set out in section 9-146 herein.
Subdivision means the platting of real property into three (3) or more lots, parcels, tracts,
tiers, blocks, sites, units or any other division of land, and includes establishment of new streets
and alleys, additions and resubdivisions, and when appropriate to the context, relates to the
process of subdividing or to the lands or area subdivided; and further means the division of a lot,
parcel or tract of land, whether improved or unimproved, into three (3) or more contiguous lots
or parcels of lands, designated by reference to the number or symbol of the lot or parcel
contained in the plat of such subdivision, for the purpose, whether immediate or future, of
transfer of ownership, or if the establishment of a new street is involved, any division of such
parcel. The term includes a resubdivision and, when appropriate to the context, relates to the
process of subdividing or to the land subdivided.
Swale means an open cut with a slope ratio of the front face, or roadside face, which is
shallower than 3:1.
Tree preservation, see section 5-1.
Sec. 9-2. Division of land; city commission approval required.
No owner of real property being a subdivision or lot split as defined in this chapter, shall
sell lots or tracts of land from such property without first having divided such property in
accordance with the requirements hereof. The City Commission shall be the official authority
regarding the division of land, and no division of land within the corporate limits of the city shall
be entitled to record in the office of the clerk of the circuit court of Seminole County unless it
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shall have the approval of the City Commission inscribed thereon. Before such lot or tract is
divided, the lots or tracts proposed to be divided shall be surveyed by a duly licensed surveyor
and approved by the city commission by plat, lot split resolution, or development agreement (see
section 9-14 for property zoned town center) in accordance with the specific applicable
provisions of this chapter and F.S. Ch. 177. The filing or recording of any instrument
effectuating a lot split or subdivision of land without the approval of the City Commission or
City Manager or designee as required by this chapter is declared to be unlawful. No permit shall
be issued for the construction of any building or structure or for an electrical hookup on any lot
or tract sold in violation of this chapter; provided, however, that any such violation can be
remedied by complying with the provisions of this article.
* * *
Sec. 9-4. Waiver to engineering development plan requirements.
For subdivisions or lot splits where no new streets, water, sewer, or drainage or other
infrastructure are involved, application for approval of preliminary or final engineering
development plans site and final engineering plans may be waived provided, however, that a plat
of the proposed subdivision or the metes and bounds legal description of the proposed lot split is
approved by the city commission in accordance with section 9-2.
Sec. 9-5. Variances.
(a) The city commission may grant a variance from the terms of this chapter when such
variance will not be contrary to the public interest, and where owing to special conditions, a
literal enforcement of the provisions of this chapter would result in unnecessary hardships.
Such variance shall not be granted if it has the effect of nullifying the intent and purpose of
this chapter.
(b) A written application for such variance must be submitted demonstrating that special
conditions exist which are peculiar to the lands, structures or required subdivision
improvements involved and which are not applicable to other lands, structures or required
subdivision improvements. Application shall be accompanied by the fee for a variance as
specified in the fee schedule currently in effect.
(c) Before any variance shall be granted, a public hearing on the proposed variance shall be
held by the city commission. Notice of such public hearing shall be published fifteen (15)
days prior to the hearing in a newspaper of general circulation in the county. Such notice
shall also be posted fifteen (15) days prior to the hearing in three (3) separate places in the
city, and be mailed to all persons who are record owners of property within one hundred
fifty (150) feet of the subject property. provided in accordance with Chapter 20, Zoning,
Article II. – Administration, of the City Code.
(d) The city commission shall make findings that the requirements of each portion of this
section have been met. The city commission shall further make a finding that the reasons set
forth in the application justify granting of the variance and that the variance is the minimum
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variance that would make possible the reasonable use of the lands, buildings or other
improvements.
(e) The city commission shall make a further finding that the granting of the variance would be
in harmony with the general purpose and intent of this chapter and will not be injurious to
the surrounding territory or otherwise detrimental to the public welfare.
(f) In granting any variance, the city commission may prescribe appropriate conditions and
safeguards, to such variance, and when made a part of the terms which the variance is
granted a violation of any term or condition shall be deemed a violation of this chapter and
shall be punishable as such.
* * *
Sec. 9-7. Enforcement and penalties.
(a) The city commission or any aggrieved person may have recourse to such remedies in law
and equity as may be necessary to ensure compliance with the provisions of this chapter,
including injunctive relief, to enjoin and restrain any person from violating the provisions of
this chapter and any rules and regulations adopted under this chapter, and the court may,
upon proof of the violation of this chapter, issue such temporary and permanent injunctions
as are necessary to prevent the violation of this chapter.
(b) Any person violating or failing to comply with the terms and provisions specified herein,
shall be punished, upon conviction and at the discretion of the court, by a fine not to exceed
five hundred dollars ($500.00) or by imprisonment not exceeding sixty (60) days, or by both
fine and imprisonment. Each day that a violation is permitted to exist shall constitute a
separate offense.
(c) As an additional means of ensuring compliance with the provisions of this article,
the code enforcement board or special magistrate shall have jurisdiction and authority to
hear and decide alleged violations occurring in the corporate limits of the city. Proceedings
before the code enforcement board or special magistrate shall be governed by its rules and
procedures.
Sec. 9-8. Soil, rock, etc., removal.Reserved.
(a) It shall be unlawful for any person to remove from any real property within the city any soil,
subsoil, rock, or sand without approval as provided herein. Prior to such removal such
person shall file with the city manager an application which shall include a written consent
of the owner for such removal. The city manager shall present the application to the city
commission for its approval. If the commission approves the application, the mayor shall
issue a written permit for such removal.
(b) Unless such removal becomes a public nuisance or endangers the public health, safety or
welfare, no permit would be necessary other than a building permit for the removal which
would be incident to the preparation of single-family homes or auxiliary structures such as
patios, swimming pools or driveways.
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* * *
Sec. 9-11. Lot splits.
The city commission may by resolution at a public hearing grant waivers from the platting
requirements of this chapter for divisions of land that constitute a lot split:
(a) For purposes of this section, the term "lot split" shall mean a division of a tract of land
or lot that will result in the creation of exactly one (1) additional lot or tract of land
provided the following conditions are met:
(1) The lot or tract of land to be split is a previously platted lot or legal description of
record.
(2) Each lot or tract of land created hereunder shall abut a public or approved private
street, unless perpetual cross-access easements already exist on the lot to be split
or are determined not to be necessary, or, if necessary, are provided by separate
instrument.
(3) The lot split shall in every respect meet the criteria established elsewhere in this
chapter and the City Code and Comprehensive Plan for the category of zoning and
other relevant Codes under which the property is zoned.
(b) Every lot split shall be processed in the following manner:
(1) An application form provided by the community development department shall be
completed and filed with the department, accompanied with the following:
a. An application fee approved by the city commission by resolution;
b. Twelve (12) One (1) paper copies copy of the proposed lot split;
c. A statement indicating whether new streets, water, sewer, drainage
structures, or other infrastructure are required off-site to provide sufficient
access or municipal services to the subject land; and
d. Legal descriptions and acreage of the two proposed lots or tracts of land and
a scaled drawing showing the intended division shall be prepared by a duly
licensed land surveyor registered in the state. If a lot or tract of land contains
any principal or accessory structures, a A survey showing the principal and
accessory structures, existing easements, and existing utility improvements
or infrastructure on the lot or tract of land shall accompany the application.
e. A description of the planned means of access for each resulting lot and copy
of proposed supporting cross-access easements, if any, including width of
access ways or easements.
f. Title opinion: A title opinion from an attorney or a property information
report that is prepared within the preceding thirty (30) days showing the
status of the title to the site encompassed by the lot split and all mortgages,
liens, encumbrances and defects, if any.
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(2) Special notice for residential lot splits. Any proposed lot split of a residentially
zoned property shall require public notice and notice to adjacent property owners
as provided in accordance with Chapter 20, Zoning, Article II. – Administration,
of the City Code prior to the City Commission meeting on the proposed
residential lot split. Notices provided under this subsection are hereby deemed
courtesy notices only and the failure to provide or receive said notices shall not be
a basis of appealing any decision made under this section. Applicants shall be
solely responsible for the cost of the notices required by this subsection.
(3) Upon approval of the lot split by resolution of the city commission, the resolution
shall be duly recorded in the public records of Seminole County and recorded on
the appropriate city maps and documents.
(c) No further division of an approved lot split is permitted under this section, unless a plat
is prepared and approved in accordance with this chapter.
* * *
Sec. 9-14. Town center zoned property.
The City Commission recognizes that the Town Center is subject to a master plan set forth
in the Comprehensive Plan and the Town Center District Code. Further, in accordance with the
master plan, the Town Center will be divided into a series of streets, squares, parks, blocks, and
parcels. In order to facilitate the implementation of the Town Center master plan, land may be
divided by plat, lot split resolution, or in accordance with a recorded development agreement
unless an exemption set forth in section 9-13 is applicable. All development agreements shall be
subject to approval by the city commission after the initial effective date of this section. The
development agreement shall not permit the creation of residual parcels or tracts that are
undevelopable by city standards excluding those lands that are dedicated to the public.
Moreover, the development agreement shall set forth the surveyed legal description and
proposed development plan of the land that may be divided and any other terms and conditions
deemed necessary by the city commission to permit the division of land in accordance with the
Town Center District Code and the general criteria set forth in section 9-10. Notwithstanding,
town home and single family residential projects with more than three (3) units shall require a
plat all divisions of land creating three or more resulting lots shall require approval of a
subdivision plat in accordance with Chapter 177, Florida Statutes.
Sec. 9-15. – Boundary Line Adjustments.
(a) Boundary line adjustment. An adjustment of a boundary line between contiguous lots or
parcels (hereinafter “lots” or “lot”) which may be platted or unplatted and which are
under separate ownership or the same ownership shall be exempt from the platting
requirements of this Chapter if the boundary line adjustment does not create any
additional lots and meets all of the following conditions.
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(1) It is demonstrated that the request is to correct an engineering or surveying
error in a recorded plat or is to permit a boundary change between adjacent
lots; and
(2) Both landowners whose lot lines are being adjusted provide written consent to
the boundary line adjustment; and
(3) Instrument(s) evidencing the boundary line adjustment shall be filed in the
official records of Seminole County, Florida, upon approval, and shall indicate
that the result of the boundary line adjustment will meet the standards of, and
conforms to, the requirements of the City Code, including the dimensional
requirements of the zoning district and the subdivision in which the lots are
located. However, in cases of an existing nonconforming lot of record, the
adjustment shall not increase the nonconformity of the lot; and
(4) It is demonstrated that the boundary line adjustment will not affect the
development rights or permitted density or intensity of use of the affected lots
by providing the opportunity to create a new lot(s) for resale or development
or by making the density or intensity of any lot nonconforming.
The aggregation of multiple lots under common ownership shall not be
considered a boundary line adjustment and may be accomplished through a unity
of title agreement with the City.
(b) Boundary line adjustment review and processing. Every boundary line adjustment shall
be processed in the following manner:
(1) Application. An application form provided by the planning and zoning division shall
be completed and filed with the division, accompanied with the following:
a. An application fee approved by resolution of the City Commission;
b. A narrative describing the reason(s) for the boundary line adjustment and
proposed reconfiguration;
c. An affidavit by all property owners that they consent to the boundary line
adjustment and resulting lot formation;
d. A survey of the original and proposed reconfigured lots prepared by a duly
licensed land surveyor registered in Florida. The survey shall also include:
i. The location of any principal or accessory buildings or structures and
the existing and proposed setbacks on each lot; and
ii. The existing location of all easements and utilities serving the lots; and
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iii. The location of proposed access to the lots, including the location of
proposed access easements.
e. A title opinion from an attorney or a property information report that is
prepared within the preceding thirty (30) days showing the status of the title to
the site encompassed by the boundary line adjustment and all mortgages,
liens, encumbrances and defects, if any;
f. Where required by the City Attorney, a joinder and consent from any affected
mortgage holders;
g. Proposed deeds appropriate to accomplish any necessary property
conveyances to effectuate the boundary line adjustment.
(2) Review criteria. The City Manager or designee shall approve, approve with
conditions, or deny the boundary line adjustment using the criteria established below:
a. The boundary line adjustment shall not result in the creation of any additional
lot;
b. The lots resulting after the boundary line adjustment shall meet all
dimensional requirements specified for the applicable district as outlined in
the City Code, except that in cases of an existing nonconforming lot of
records, the adjustment shall not increase the nonconformity of the lot.
c. The boundary line adjustment shall not create a nonconforming setback for
any existing building or structure;
d. All lots modified by the boundary line adjustment procedures shall have
access in compliance with the standards established by the City;
e. The boundary line adjustment shall not cause lot lines to bisect on-site sewage
disposal systems, prevent adequate access to water supply, obstruct fire lanes
or otherwise interfere with existing easements or the provision of utilities or
emergency services;
f. The boundary line adjustment shall not violate an applicable requirement or
condition of a previous land use action, subdivision, plat or site plan;
g. All boundary line adjustments shall be recorded surveys consistent with the
requirements of applicable law. All boundary lines being adjusted shall be
surveyed, and newly established lot corners shall be determined;
h. All conditions for a boundary line adjustment as established in subsection (a)
shall be satisfied.
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(c) Unity of title. The City Manager or designee shall require the affected property owners to
enter into a unity of title agreement with the city for purposes of creating the new
developable lots resulting from the boundary line adjustment. The City Manager shall be
required to execute the unity of title agreement on the City’s behalf provided the
application is in compliance with the provisions of this section. The City Manager or
designee may determine that a unity of title agreement is not required for insubstantial
boundary changes.
(d) Recording. No boundary line adjustment shall be recorded unless approved as provided in
this section. The boundary line adjustment shall be recorded with the Clerk of the Court
of Seminole County within twelve (12) months of approval by the planning official, and
one reproducible copy shall be furnished to the planning and zoning division.
ARTICLE II. – PROCEDURE FOR SECURING APPROVAL OF PLANS AND PLATS
DIVISION 1. – GENERALLY
Sec. 9-26. Maps, engineering plans and plats to be submitted in preliminary and final form.
Reserved.
Nine (9) copies of all maps, engineering plans or plats of subdivisions of any land within the
city or other projects (condominiums, mobile home parks, etc.) subject to the provisions of this
chapter, shall be submitted originally in preliminary form for preliminary approval. Subsequently
plans shall be submitted to the city commission in final form for final review and approval prior
to the approval to record such plat, or prosecute such plan. Final submittal to the city council
shall be preceded by the approval of the appropriate city agencies, as indicated in this chapter,
who shall determine whether all applicable requirements have been complied with by the
applicant.
Secs. 9-27—9-45. Reserved.
DIVISION 2. – PRELIMINARY PLAN PLAT
Sec. 9-46. Filing and contents of preliminary map and plan.
(a) Preapplication approval procedure. It is recommended that any developer contemplating
subdividing land in the city consult with city planning, building and engineering officials
before laying out any such plan. The above-referenced officials shall advise such person in
the preparation of any such plan particularly as regards the requirements of these
regulations. No person may rely upon any comment made by any participant at the pre-
application conference as a representation or implication that the application will be
ultimately approved or rejected in any form. The pre-application submission should include
the following:
(1) Data on the existing site conditions, such as physical characteristics, adjacent
community facilities and public utilities.
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(2) Description of the proposed subdivision, including the proposed number of lots,
average lot width and depth, building types and sizes, community facilities, street and
drainage improvements.
(3) Topographic map at a scale no smaller than one hundred (100) feet to one (1) inch,
showing items (1) and (2) in sketch form.
(b) Preliminary plan plat and site and final engineering plan submission.
(1) No improvements, including clearing and grading, shall be undertaken until final
engineering drawings for the subdivision, or unit division thereof, have been submitted
to and approved by the City Commission. Accordingly, the preliminary plat
application shall be accompanied by and processed concurrently with final engineering
drawings for the development, as well as a site plan if the specific plan of development
is known for each lot to be created, at the time of preliminary plat application
submission, unless final engineering drawings and/or a site plan was previously
approved by the City for the property or adequate means of providing ingress and
egress, utilities, and drainage have been or may be provided as determined by the City
Manager or designee. Final engineering drawings and site plans shall be processed in
accordance with Chapter 20, Zoning, Article II, of the City Code of Ordinances.
The applicant shall prepare and submit a preliminary plat subdivision map and/or plan
together with other supplementary material specified below, accompanied by the
appropriate form and fee to the city planner who shall process the application in
accordance with provisions of this Code.
Processing shall be as follows:
a. City planner.
b. City engineer.
c. Staff review.
d. City surveyor and City Attorney.
e. Planning and zoning board.
e.f. City council commission.
(2) Preliminary plan plat supporting data. The preliminary plan plat shall be drawn on
standard twenty-four-inch by thirty-six-inch paper for convenient filing at a reasonable
scale (normally one (1) inch equals one hundred (100) feet) and shall include the
following either on the plat or, as appropriate, in supporting final engineering and site
plans submitted concurrently with the preliminary plat:
a. Name of development; date of preliminary plan plat or revision; scale of plan plat;
north arrow; approximate acreage in the tract being subdivided; total number of
lots; name, address and telephone number of developer, surveyor and engineer.
b. Location map showing relationship between area proposed for development and
surrounding area.
c. Legal description of tract to be subdivided.
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d. Boundaries of tract shown by a heavy line.
e. Existing streets. The name, location and right-of-way width of all existing
improved streets, rights-of-way and platted streets within two hundred (200) feet
of the proposed subdivision; surface elevation, including any legally established
centerline elevations; walks, curbs, gutters, culverts, etc.
f. Proposed streets. The name of temporary designation (Street A, B, C, etc.), right-
of-way, and type and width of pavement. Include any streets shown on the
adopted comprehensive plan.
g. Existing and proposed Proposed easements or rights-of-way other than for streets
(e.g., for drainage, pedestrian ways, bridle paths, or bicycle paths), location, width
and purpose.
h. Lots. Lot lines and scaled dimension, lot numbers, and/or block numbers, and
building setback lines for irregularly shaped lots. The building setback distance is
the distance required to meet the minimum lot width of the zoning district.
i. Sites, if any, for multifamily dwellings, shopping centers, churches, industry,
parks, playgrounds, and other public and nonpublic uses exclusive of single-
family dwellings.
j. Names of abutting subdivisions, recordation date and number.
k. Existing utilities on and abutting the tract; location, size and invert elevation of
sanitary, storm, and combined sewers; location and size of water mains; location
of gas lines, fire hydrants, electric and telephone poles, and streetlights. If water
mains and sewers are not on or abutting the tract, indicate the direction and
distance to, and size of nearest ones, showing invert elevation of sewers.
l. Proposed utilities. A statement on the proposed method of water supply and
sewage disposal.
m. Other existing improvements, including buildings, on the tract.
n. Natural features, including lakes, marshes or swamps, watercourses, and other
pertinent features; wooded areas. A general description of soils and existing
vegetation on the tract shall also be provided (Seminole County Soils Survey).
o. Existing contours at one-foot intervals based on U.S. Coast and Geodetic Datum
for the tract to be subdivided and, where practicable, extending twenty-five (25)
feet beyond the tract boundary.
p. Proposed surface drainage with direction of flow and method of disposition to the
natural drainage area indicated or other acceptable stormwater systems.
q. Subsurface conditions on the tract, to a minimum depth requested by the city
engineer; location and results of tests made to ascertain subsurface soil, rock and
groundwater conditions; depth to groundwater; location and results of soil
percolation tests; location and extent of muck pockets. Tests shall indicate weight-
bearing capability of the soil after stripping and compacting.
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r. Zoning on and abutting the tract.
s. Proposed public improvements; highways or other major improvements planned
by public authorities for future consideration on or near the tract.
t. Draft of restrictive covenants, if any. If the development is a PUD or private
development of any nature, restrictive covenants will be required, if available at
the time of submission.
u. Other preliminary plans. When requested by the city, typical cross sections of the
proposed grading, roadway and sidewalk, preliminary plans of proposed potable
water and firefighting systems, sanitary sewage systems, stormwater management
systems. All elevations shall be based on U.S. Coast and Geodetic Datum. The
applicant shall provide the location and information of the hundred-year flood
elevation relative to the proposed site, based on the FEMA (Federal Emergency
Management Agency) maps and establish the wetlands boundary by the approved
governing agencies, such as the Florida Department of Environmental Regulation,
the St. John's Water Management District and the U.S. Army Corps of Engineers.
In addition, the seasonal high water elevation shall be provided, as determined by
a registered professional engineer in the State of Florida.
v. Landscaping plan and tree removal and/or land clearing application in accordance
with Chapter 5 of the City Code of Ordinances.
w. Title opinion: A title opinion from an attorney or a property information report
that is prepared within the preceding sixty (60) days showing the status of the title
to the site encompassed by the preliminary plat and all mortgages, liens,
encumbrances and defects, if any.
x. For Planned Unit Developments, the setbacks for each lot and building setback
from the perimeter of the Planned Unit Development shall be provided on the
preliminary plat.
y. Soils explorations. The results of comprehensive soils explorations, evaluation of
results and recommendations by a city-approved soils engineering and testing
firm. The soils explorations work shall include as a minimum:
i. Results of borings located by survey at suitable intervals along the proposed
roadways; classification and properties of soils encountered; and
groundwater elevation to United States Geological Survey datum found
subsequent to making the borings. The evaluation of the results and
recommendations by the soils firm shall include as a minimum:
Recommendations on the type of base construction; projected high-water
elevation to United States Geological Survey datum along the proposed
roadways, need, design, size, location, depth and details of underdrains; and
a recommendation on the elevation of street grades including depth of cut.
The results of the soils work, evaluation of results, and recommendations
shall be incorporated into the plans and specifications submitted for review.
ii. If during construction of improvements, the city determines in the field that
soils and/or groundwater conditions are found to be different than shown in
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the data submitted with final development and engineering plans, or there is
question about adequacy of the approved plans caused by conditions found in
the field, the city shall have the right to require the performance and
submission of additional soils work and/or to require modification of the
previously approved design plans including, but not limited to modification
of street grades and/or installation of additional underdrains, use of soil
cement base course, or other modifications.
z. Lot grading. At the time final engineering plans are submitted, lot grading and
drainage plans shall be submitted for review and approval. The plans shall show
minimum floor elevations for all homes, existing topography, grading of all lots,
and any drainage improvements proposed or required on the lots. The lot grading
and drainage plans shall show the lot lines, existing topography (one-foot contour
intervals), and proposed lot filling, grading and drainage at a scale of one (1) inch
is equal to one hundred (100) feet (or larger) in general accordance with FHA
standards for lot grading. Substantiating soil borings, evaluations and studies shall
also be submitted to document soil conditions, projected high-water groundwater
elevation on the lots, and adequacy of the lot grading and drainage plans.
aa. Identification of the percentage of planned homes or the number of building
permits that the City is requested to issue for the residential subdivision or
planned community before a final plat is recorded with the clerk of the circuit
court of Seminole County, if any, in accordance with Section 177.073, Florida
Statutes.
Final engineering and site plan applications shall contain all application requirements as
established in Chapter 20, Zoning, Article II, of the City Code of Ordinances. Nothing in
this Chapter shall supersede the requirements listed in Chapter 20 for such applications
nor excuse the applicant from compliance with Chapter 20.
Sec. 9-47. Action on preliminary plan by city council. Planning and Zoning Board.
Within forty-five (45) days after receipt by the city of the complete preliminary plan, the city
commission shall take action at any regular or special meeting and report to the applicant its
approval, conditional approval, disapproval or request additional information from the applicant.
Following public notice as provided in Chapter 20, the planning and zoning board shall review
the preliminary plat to determine its conformity with the land development regulations and these
subdivision regulations. Upon completing its review, the planning and zoning board shall
recommend to the city commission the approval, approval subject to conditions, or denial of the
preliminary plat. In recommending approval subject to conditions or in recommending denial,
the reasons for such action shall be stated in writing and reference shall be made to the specific
sections of the chapter with which the preliminary plat does not comply. The subdivider shall be
notified in writing of the action taken.
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Sec. 9-48. Reasons when preliminary plan is disapproved; conditional approval. Action on
preliminary plat by City Commission; effect of approval.
Upon disapproval of any plan, the city commission shall indicate those sections of this chapter
with which the plan does not comply. Conditional approval may be granted specifying conditions
which must be complied with, and such conditions shall be considered thereafter as part of the
preliminary plan.
(a) Time. The city commission shall approve or disapprove the preliminary plat:
(1) Within thirty (30) days after its receipt of the recommendation of the planning and
zoning board, or,
(2) Within thirty (30) days after being placed on the agenda of the city commission if the
planning board failed to act on the proposed subdivision within a reasonable time.
(b) Effect of Approval. Approval of the preliminary plat shall not be construed as authority for
filing of the plat with the clerk of the circuit court of Seminole County, nor as authority for
the sale of lots in reference thereto. Approval of the preliminary plat authorizes the
subdivider to install all required improvements in accordance with the approved plans and
specifications. All work shall be inspected and approved by the city engineer. No
improvements, including clearing and grading, shall be undertaken until final engineering
drawings and/or site plan for the subdivision, or unit division thereof, have been submitted
to and approved by the City Commission.
Sec. 9-49. Approval of preliminary plan to be construed only as authority to submit final
plan. Request for expedited issuance of building permits prior to final plat
approval.
Approval of the preliminary plan shall be construed as authority for submitting a final plan in
accordance with this chapter. Approval of the preliminary plan by the city council shall not be
construed as authority for the sale of lots in reference to the preliminary plan, nor as authority for
obtaining building permits, nor for the recording of a plat, nor for the installation of required
improvements. (a) Issuance of expedited building permits. Pursuant to Section 177.073, Florida
Statutes an applicant may make application for up to fifty (50) percent [seventy-five (75) percent
effective December 1, 2027] of residential building permits for those lots approved in the
preliminary plat and final engineering and site plan and the City Commission shall issue such
building permits in accordance with the Florida Building Code and Section 177.073, Florida
Statutes, before a final plat is recorded with the clerk of the circuit court, provided the residential
buildings or structures are unoccupied and all of the following conditions are met:
(1) The City Commission has approved a preliminary plat for each residential subdivision or
planned community.
(2) The applicant provides a master sheet identifying the specific lots of the subdivision, not
to exceed fifty (50) percent [seventy-five (75) percent effective December 1, 2027] of the
total, for which the applicant plans to submit application for a building permit prior to the
approval of the final plat. This master sheet shall be submitted to the City Commission with
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the preliminary plat for approval prior to approval of any requested building permit. The
City reserves the right to deny authorization for development on a specific lot or lots to
protect the interests of the City.
(3) The applicant provides proof to the City that the applicant has provided a copy of the
approved preliminary plat, along with the approved plans, to the relevant electric, gas,
water, and wastewater utilities.
(4) The applicant has submitted the required performance security as provided in Section 9-
76 herein. For purposes of a master planned community as defined in Section
163.3202(5)(b), Florida Statutes, performance security is required on a phase-by-phase
basis.
(b) Contracts to sell. An applicant may contract to sell, but may not transfer ownership of, a
residential structure or building located in the residential subdivision or planned community
until the final plat is approved by the City Commission and recorded in the public records
by the clerk of the circuit court.
(c) Certificates of occupancy. An applicant may not obtain a temporary or final certificate of
occupancy for each residential structure or building for which a building permit is issued
until the final plat is approved by the City Commission and recorded in the public records
by the clerk of the circuit court.
(d) Indemnification. An applicant requesting expedited issuance of building permits prior to the
recordation of the final plat shall indemnify and hold harmless the City, its governing body,
its employees, and its agents from liability or damages resulting from the issuance of a
building permit or the construction, reconstruction, or improvement or repair of a residential
building or structure, including any associated utilities, located in the residential subdivision
or planned community. Additionally, an applicant shall indemnify and hold harmless the
City, its governing body, its employees, and its agents from liability or disputes resulting
from the issuance of a certificate of occupancy for a residential building or structure that is
constructed, reconstructed, improved, or repaired before the approval and recordation of the
final plat of the qualified project. This indemnification includes, but is not limited to, any
liability and damage resulting from wind, fire, flood, construction defects, bodily injury, and
any actions, issues, or disputes arising out of a contract or other agreement between the
developer and a utility operating in the residential subdivision or planned community. The
indemnity obligation of the applicant shall be consistent with Section 177.073, Florida
Statutes, as it may be amended from time to time.
Secs. 9-50—9-70. Reserved.
DIVISION 3. – FINAL DEVELOPMENT PLAN, FINAL PLAT
Sec. 9-71. When final development plan plat is to be filed; extension.
(a) The final development plan including engineering and plat for all or a portion of the area
covered by the preliminary plan plat shall be submitted within one (1) year of the date of
approval of the preliminary plan plat; otherwise, such preliminary approval will
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automatically become null and void unless the city commission grants a specific extension
of time.
(b) Application for approval of the final development plan/plat, engineering and supplementary
data shall be submitted to the city planner accompanied by a check in an amount determined
by the fee schedule in force at the time of application, payable to the city to cover the cost
of handling, review and engineering inspections during the processing of the plans.
Sec. 9-72. Processing of final plans.
Processing of final plans shall be as follows:
(1) City planner.
(2) City engineer.
(3) Staff review.
(4) City surveyor and City Attorney.
(5) Only if significant changes, alterations or modifications have been made to the final
plans and plat which would cause to be construed at the time of staff review that a
substantial difference between the final and the preliminary plans/plat now exists,
plans the plat must then be sent to planning and zoning for further review. If no
substantial difference between the preliminary and final plansplat exists, this step in the
process will not be required.
(5)(6) City commission.
Sec. 9-73. Form and contents of final development plan. plat.
(a) The final development plan and plat shall conform substantially to the approved preliminary
plan plat as approved and shall include all conditional requirements specified by the city
commission on any conditional approval of the preliminary plan plat. The subdivider may
propose only a portion of the area of an approved preliminary plan plat for final
development should that be desired. Whenever developing only a portion of an approved
preliminary planplat, that portion being developed must be engineered so that section is not
dependent upon further development to ensure adequate drainage, sewerage, water and
other improvements.
(b) Additional engineering/plans to accompany the final development plan/plat:
(1) Potable water including fire protection systems.
(2) Sanitary sewer.
(3) Drainage and stormwater management facilities including underdrains.
(4) Bulkheads.
(5) Excavation and fill.
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(6) Sidewalks, bicycle paths, and bridle paths.
(7) Streets and curbs. Street grades and elevation shall be established to minimize the need
for underdrains. In soils where high groundwater is found or suspected, cuts shall be
minimized in order to reduce the need for underdrains. Wherever along the proposed
roadways projected groundwater elevation is less than one (1) foot, six (6) inches
below the bottom of swale (or bottom of road base where curb and gutter is used),
underdrains shall be required.
(8) Soils explorations. The results of comprehensive soils explorations, evaluation of
results and recommendations by a city-approved soils engineering and testing firm.
The soils explorations work shall include as a minimum:
a. Results of borings located by survey at suitable intervals along the proposed
roadways; classification and properties of soils encountered; and groundwater
elevation to United States Geological Survey datum found subsequent to making
the borings. The evaluation of the results and recommendations by the soils firm
shall include as a minimum: Recommendations on the type of base construction;
projected high-water elevation to United States Geological Survey datum along
the proposed roadways, need, design, size, location, depth and details of
underdrains; and a recommendation on the elevation of street grades including
depth of cut. The results of the soils work, evaluation of results, and
recommendations shall be incorporated into the plans and specifications submitted
for review.
b. If during construction of improvements, the city determines in the field that soils
and/or groundwater conditions are found to be different than shown in the data
submitted with final development and engineering plans, or there is question
about adequacy of the approved plans caused by conditions found in the field, the
city shall have the right to require the performance and submission of additional
soils work and/or to require modification of the previously approved design plans
including, but not limited to modification of street grades and/or installation of
additional underdrains, use of soil cement base course, or other modifications.
(9) Lot grading. At the time final engineering plans are submitted, lot grading and drainage
plans shall be submitted for review and approval. The plans shall show minimum floor
elevations for all homes, existing topography, grading of all lots, and any drainage
improvements proposed or required on the lots. The lot grading and drainage plans
shall show the lot lines, existing topography (one-foot contour intervals), and proposed
lot filling, grading and drainage at a scale of one (1) inch is equal to one hundred (100)
feet (or larger) in general accordance with FHA standards for lot grading.
Substantiating soil borings, evaluations and studies shall also be submitted to
document soil conditions, projected high-water groundwater elevation on the lots, and
adequacy of the lot grading and drainage plans.
(10) Street lighting plan, demonstrating power company participation.
(11) Landscaping plans. Where site is commercial, industrial, or multifamily in nature,
landscaping plans shall be presented along with the final development plans, unless
specifically waived by the staff at the time of processing the preliminary plan.
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(b) The final plat shall be twenty-four (24) by thirty-six (36) inches in size and shall be drawn
on linen with India ink at the scale no smaller than one hundred (100) feet to the inch
meeting all the platting requirements of Florida Statutes, and shall conform substantially to
the preliminary plat as approved. The final plat shall constitute only that portion of the
approved preliminary plat which the subdivider proposes to record and develop at the time,
provided, however, that such portion conforms to all requirements of this chapter. The final
plat shall be prepared by a registered Florida surveyor and shall show the following
information:
(1) Title, date, name and description of the subdivision and graphic scale.
(2) Name of the subdivider and registered surveyor.
(3) The lines and names of all streets and roads.
(4) Lot lines and lot and block numbers.
(5) Location, right-of-way and classification of canals and waterways.
(6) Reservations, easements, alleys and any areas to be dedicated to public use or sites for
other than residential use with notes stating their purpose and any limitations.
(7) Sufficient data to determine readily and reproduce on the ground the location, bearing
and length of every street line, lot line, boundary line whether curved or straight and
including a north point.
(8) The radius, central angle, point of tangent, and arcs and chords of all curved streets and
curved property lines.
(9) All dimensions should be to the nearest one-hundredths (100ths) of a foot and angles to
the nearest second.
(10) A legal description of the subdivision boundaries with bearings and distances.
(11) Accurate location and descriptions of all monuments and markers.
(12) The names and locations of adjoining subdivisions, streets and unsubdivided property.
(13) Surveys and surveying data on the final plat shall be in accordance with acceptable
professional practices and principles for land surveying and preparation of plats.
Special consideration shall be given to the relationship of the proposed plat to existing
abutting plats to prevent unintended overlap or omission of lands.
(14) Mortgage holders shall execute before two (2) witnesses and a notary public the
following certification on plats: "The mortgagee(s) consents and agrees to the platting
of lands embraced in this plat and to the dedication(s) shown herein; and further,
should it become necessary to foreclose the mortgage covering the property, that all
pieces and parcels dedicated to the public will be excluded from the suit and the
dedication shall remain in full force and effect."
(15) A dedication to the public by the owners of all roads, streets, alleys, easements and
other rights-of-way, however designated, shown on the plan for perpetual use for all
public purposes.
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(c) At the time the final plat is submitted to the city for approval, the plat shall be accompanied
by:
(1) A title opinion from an attorney or a property information report that is prepared within
the preceding thirty (30) days showing the status of the title to the site encompassed by
the final plat and demonstrating that the parties executing the plats are owners of the
land included therein and listing all mortgages, liens, encumbrances and defects, if any.
In addition, the title opinion shall state that taxes and assessments have been paid to
date. The City may request an update of the title opinion or property information
report prior to recording of the final plat.
(2) Improvement and maintenance security as provided in Section 9-76 below.
(3) A copy of the final declaration of restrictive covenants and easements. All land
designated on the final plat as common open space, except public rights-of-way,
including green(s) and all structures, roads and permitted drives, stormwater drainage
facilities, and recreational amenities devoted to the common use of the inhabitants of
this district shall be owned and maintained either by a
property homeowners' association, a special taxing district, community development
district, or a similar entity. In the case of a homeowners' association, the ownership of
lots shall be subject to mandatory covenants providing for the maintenance of the
common facilities in a manner that assures its continuing use for its intended purpose.
The subdivider shall submit evidence of the lawful formation of
a homeowner's association or other ownership entity to be reviewed and approved by
the city attorney for legal sufficiency prior to the final plat being scheduled for review
by the city commission. The final plat shall neither be approved nor given full force
and effect unless and until the declaration of restrictive covenants is provided to the
city by the subdivider, has been reviewed and approved by the city attorney for legal
sufficiency, and recorded in the public records of Seminole County.
Sec. 9-74. Action on final development plan final engineering and site plans; expiration of
approval.
(a) If the developer elects to request approval of a final development engineering and site plan
separately and prior to approval to record the plat of that development, the city commission
may approve such final development engineering and site plan if the plan is in substantial
conformity with the approved preliminary plan or a subsequently approved modification to
the preliminary plan. in accordance with the procedures and criteria contained in Chapter
20, Zoning, of the City Code of Ordinances. The final development engineering and site
plan may be approved if it complies with all relevant regulations included in this chapter
and Chapter 20. Approval of the plan shall be subject to fulfillment of all conditions
specified by the city staff and sanctioned by the city commission. Action to approve a final
development plan shall be taken by the city commission within thirty (30) days after receipt
by the city of the complete plan with all supporting data required by this chapter.
(b) If within two (2) years after approval of a final development engineering and site plan of a
development not part of a PUD and for which the plat has not yet been recorded, the
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development encompassed by the plan has not been completed and inspected by the city, the
final development engineering and site plan shall be resubmitted for reapproval of all streets
and areas within the scope of the plan that remain incomplete and/or unable to function
independently of completion of remaining undeveloped portions of the development
covered by the previously approved plan. Procedures for reapproval of such expired final
development engineering and site plans shall be the same as for the original approval.
Sec. 9-75. Final plat, contents and recording procedures. Reserved.
(a) The final plat shall conform substantially to the approved preliminary plan, and shall be
submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. If more than one (1) sheet is
required, a suitable index map showing the entire development with index for the
various sheets shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the centerline,
width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with acceptable
professional practices and principles for land surveying and preparation of plats.
Special consideration shall be given to the relationship of the proposed plat to existing
abutting plats to prevent unintended overlap or omission of lands.
(4) Mortgage holders shall execute before two (2) witnesses and a notary public the
following certification on plats: "The mortgagee(s) consents and agrees to the platting
of lands embraced in this plat and to the dedication(s) shown herein; and further,
should it become necessary to foreclose the mortgage covering the property, that all
pieces and parcels dedicated to the public will be excluded from the suit and the
dedication shall remain in full force and effect."
(5) A dedication to the public by the owners of all roads, streets, alleys, easements and
other rights-of-way, however designated, shown on the plan for perpetual use for all
public purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall be submitted
with the final plat.
(c) A letter from an acceptable abstractor shall certify the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with bonding procedures set forth in
section 9-76 shall be required for all developments within which improvements are to be
dedicated to the public.
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Sec. 9-76. Bonding procedures. Improvement and maintenance security.
(a) Surety-performance bond. Performance security. When requesting to record a plat for
property with streets to be dedicated to the public in which all improvements have not been
installed or have been only partially installed, the developer shall provide a corporate or
surety completion bond including a payment of vendors' clause executed by a company
authorized to do business in the state and acceptable to the city, payable to the city in the
penal sum of the amount of the engineer's estimate or alternative bid estimates for the
incompleted portions of the work to be done to provide the streets, drainage facilities, street
signs, water and sewer facilities, sidewalks and other improvements as shown on the final
development plan. As an alternative to the provision of a corporate or surety bond, the
subdivider may provide the deposit of equivalent cash in an escrow account with the city, or
a letter of credit drawn on an approved institution, drawn in a form approved by the city
attorney. For final plat applications filed after January 1, 2025, where the required
improvements have not been substantially completed prior to the submission of the final
plat, the approval of such plat shall be subject to the subdivider guaranteeing the installation
of such improvements through one (1) of the following methods:
(a) Filing a letter of credit in the amount of one hundred thirty percent (130%) of the
construction cost estimation of any unfinished portion of the required improvements
and in a form acceptable to the City Attorney, which shall be presentable and payable
to the City should the improvements not be completed within two (2) years of final plat
approval.
(b) Depositing or placing in escrow a certified check, cash or other acceptable
security as determined by the City Attorney, in the amount of one hundred thirty
percent (130%) of the construction cost estimation of any unfinished portion of the
required improvements, which shall be subject to the City’s use should the
improvements not be completed within two (2) years of final plat approval.
In addition, should the subdivider request approval of the final plat prior to substantial
completion of all improvements, the subdivider shall be required to place the following
advisory notice on the first page of the plat, underneath the signature block for the City’s
mayor, in at least 12-point boldfaced type:
ADVISORY: At the request of the Owner, this final plat has been approved prior to
the installation and completion of the subdivision improvements, which may include
roads, curbs, gutters, sidewalks, utility lines, stormwater drainage improvements,
and recreational amenities.
(b) Where the required improvements have been substantially completed prior to the submission
of the final plat, approval of such plat shall be subject to the subdivider guaranteeing the
completion of such improvements through one (1) of the methods described above in
subsection (1) or by filing a performance surety bond in the amount of one hundred thirty
percent (130%) of the construction cost estimation of any unfinished portion of the required
improvements and in a form acceptable to the City Attorney.
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(b)(c) Maintenance bonds. When requesting to record a plat for which the improvements have
been installed, inspected and approved by the city engineer and when the city is being asked to
accept such improvements, the subdivider shall provide a maintenance bond payable to the city
guaranteeing the performance of required and installed improvements for two (2) years after the
date of completion and acceptance by the city, executed and enforceable in the same manner as
the corporate or surety completion bond. The bond shall be in the amount of ten (10) percent of
the estimated construction cost of all improvements to be owned and maintained by the city. As
an alternative to the provision of a corporate or surety bond, the subdivider may provide the
deposit of equivalent cash in an escrow account with the city, or a letter of credit drawn on an
approved institution, drawn in a form approved by the city attorney.
Sec. 9-77. Approval of final plat.
The city commission may approve the final plat at a public hearing noticed at least seven (7)
days in advance in accordance with the methods described in Chapter 20, Zoning, Article II, of
the City Code of Ordinances, considering any applicable agency reports, if the plan is in
substantial conformity with the approved preliminary plans plat and if it complies with
regulations established by this chapter. Action by the city commission may be taken
expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data
by the city unless delay is requested by or caused by the applicant. If the commission certifies
that the development has met all requirements hereof, the plat shall be endorsed as finally
approved by the mayor and attested by the city clerk in order that the same may be recorded
among the public records of the county. The Building Official shall not issue a certificate of
occupancy until the final plat has been approved and recorded and all drainage, street and utility
improvements have been installed and accepted by the City as applicable.
Sec. 9-78. Recording/distribution of the final plat.
Upon completion of all approval action, the city planner shall be responsible for ensuring that the
original linen is signed and sealed, and the plat and deed restrictions, if any, are delivered to the
appropriate authority for recording. The developer shall submit to the city the recording fee as
specified in the current fee schedule.
Secs. 9-79—9-100. Reserved.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
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Ordinance No. 2025-02
Page 25 of 25
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _____ day of______________, 2025.
Kevin McCann, Mayor
ATTEST:
Christian Gowan, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
_______________________________
Anthony A. Garganese, City Attorney
Legal Ad:
First Reading:
Legal Ad:
Second Reading:
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