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HomeMy WebLinkAboutOrdinance 2025-02 Amending the Code Relating to Subdivision App Requirements and Processing for both Preliminary and Final PlatORDINANCE 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 cleric 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 Dr body must issue for the residential subdivision or planned community prior to approval A the final plat; and WHEREAS, the Florida Legislature has further required that the governing body of a municipality create atwo-step application process for the adoption of a preliminary plat, inclusive A 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 City of Winter Springs Ordinance No. 2025-02 Page 1 of 26 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 cleric of the circuit court; and WHEREAS, an applicant may not obtain a temporary or final certificate of occupancy for A ach 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, FLORIDA5 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 st�il�e�t 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 City of Winter Springs Ordinance No. 2025-02 Page 2 of 26 ARTICLE I. — IN GENERAL, Sec. 74. 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. Boundatl� line adjustment. An adjustment of a boundary line between contiguous lots or parcels, which maye 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 bulls 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. bnprovenzents 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 , bleeks and stfeets) and the engineefing plans and speeifieations for- streets, utilities and othef mprovements, means the final tracing, map, or site plan presented by the subdivider to the City City of Winter Springs Ordinance No. 2025-02 Page 3 of 26 Commission for final approval, and, upon approval by the City Commission, is submitted to the clerk of the circuit court for recording. Plat. prelinimaty rneatis a preliminary —plan =with ortin data for p red development of stree+��losk and utilities. means a map or delineated representation of the 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-pFivate 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, asset 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. City of Winter Springs Ordinance No. 2025-02 Page 4 of 26 Sec. 9-2. Division of land; city commission approval required. Ne ownef ot-reat property being a subdivision or- tOt spitt as detined in this ettaptef, shall ;ell lats of traets of land ftom sueh property without first having divided sueh praperty4n ieeor- anee t the ents hereof The City Commission shall be the official authority UVVV1ltU11VV with 1.11V 1� re ag rding the division of land, and no division of land within the corporate limits of the cites be entitled to record in the office of the cleric of the circuit court of Seminole County unless it 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 effectuatingalot split or subdivision of land without the approval of the City Commission or City anager 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 infiastructure are involved, application for approval of preiimi final engineering site and final en ing Bering 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 publishedfifteen () days prioF to the heanng in a n wspapeF of general eireulation in the county. Sueh notice City of Winter Springs Ordinance No. 2025-02 Pa5e 5 of 26 %ity, and be mailed to all pefsons who are Feeord ownefs of pr-aperty within one hundfed ifty ' provided • •. 1 Zoning, Administration, of 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 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. Sei-lie-I�ete��Reserved. City of Winter Springs Ordinance No. 2025-02 Page 6 of 26 :EffESiSlE'i.Tol .: 4 NORMAN KVRA N N RUN- ." I to It IN MIA •.. in 0 in �.,s:,�...� �•.•... 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 PI A to be split is a previously platted lot or legal description of record. (2) Each lot or tract PI A 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) Except as provided herein, every 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. T«�z-��) One 1 paper espies copy and one electronic 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 City of Winter Springs Ordinance No. 2025-02 Page 7 of 26 licensed land surveyor registered in the state. 11- ^ lot of tract ^t- land onto n «a! or strz et •es ^ A survey showing the principal and accessory structures, existing easements, and existingLy 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 co1y 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 precedingthirty hirty (30)ays showing the status of the title to the site encompassed by the lot split and all mortgages, liens, encumbrances and defects, if any. (2) Special notice for r•eside�zticil lot splits.. Andproposed 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 Cityprior 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 Wpealing_any decision made under this section. Applicants shall be solely responsible for the cost of the notices required by this subsection. O_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. (d) Lot splits performed for the purpose of conveying proper ty to the City shall be exempt from the requirements of this Section. 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 City of Winter Springs Ordinance No. 2025-02 Page 8 of 26 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 940. Notwithstanding, own home and single family residential pfojeets with more than three (3) units shall require pW 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. 9-15a —Boundary Line Ad.justinents0 (a) Boa�ndary line adjaast�nent. 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. (1) It is demonstrated that the request is to correct an en ing Bering; or surveying error in a recorded plat or is to permit a boundar change hange between adjacent lots; and (2) Both landowners whose lot lines are being ad'us� ted 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) Boarndai�) line adjustment review and processing. Every boundary line adjustment shall be processed in the following manner: (1) Application. An application form provided bathe planning and zoning division shall be completed and filed with the division, accompanied with the following: City of Winter Springs Ordinance No. 2025-02 Page 9 of 26 a. An application fee approved by resolution of the City Commission, b. A narrative describing the reasons) 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 andprincipal 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 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 hirty (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 cr•itericc. The City Manager or designee shall approve, approve with conditionsI 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 nonconforminglot of 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; City of Winter Springs Ordinance No. 2025-02 Pa6e 10 of 26 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 sewalve 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, £ 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. (c) UnitLof title. The Ci 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) Recor°drag. 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 RI7A-h1��I3 PLATS DIVISION 1. —GENERALLY Reserved. :• City of Winter Springs Ordinance No.2025-02 Pa8e 11 of 26 shall deteFinine by the PvRo whether all apphea-Die requirements have been complied with Secs. 9-27-9- .Reserved. DIVISION 2. —PRELIMINARY gbA�l-PLAT Sec. 9-46. Filing and contents of preliminary map and ply i�at. (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 pon any comment made by anparticipant at the pre. application conference as a representation or implication that the application will be ultimately pproved or rejected in any form. The pre -application submission should include the followinj4: (1) Data on the existing site conditions, such as physical characteristics adjacent community facilities and public utilities. (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 showingitems ems (1) and (2) in sketch form. (b) Prelin2inary pit plat and site and•fznal en in�oplan subn2issiorz. 1) No improvements, including clearing and aradina, 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 l�at 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 s„4a;,,;s;^n ,-,,,,p and/^r pI^n 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: City of Winter Springs Ordinance No. 2025-02 Page 12 of 26 a. City planner. b. City engineer. c. Staff review. d. Cit- sY uuveyor and City Attorney e. Planning and zoning board. �£ City c-euneil commission. (2) Preliminary plan plat supporting data. The preliminary 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 eering and site plans submitted concurrently with the preliminary plat: a. Name of development; date of preliminary plan plat or revision; scale of plan- l�at; 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. 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. £ 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. Existingproposed 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 r-equiFed to meet the minimum lot width of the zoning disti. 40ta 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. lc. 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 City of Winter Springs Ordinance No. 2025-02 Pa5e 13 of 26 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. 1. Proposed utties. 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. 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 City of Winter Springs Ordinance No. 2025-02 Page 14 of 26 to the site encompassed by 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 eering 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 the data submitted with final development and engineering ing 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,er 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 topo rrgphy (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 cleric of the circuit City of Winter Springs Ordinance No. 2025-02 Pa5e 15 of 26 court of Seminole County, in accordance with Section 177.0 73, 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 or excuse the applicant from compliance with Chapter 20, Sec. 9-47. Action on preliminary pt plat byy ceti-Planning and Zoning Board. 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, preliminary plat by City Commission; effect of approval. (a) Tinge. 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 filin og f 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 preliminaryplat 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 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. City of Winter Springs Ordinance No. 2025-02 Page 16 of 26 I »' Request for expedited issuance %Y buildinra permits prior to final plat approval. VA�M WE Will 11 11 1111 VI III all s:ewlreec-rrrann�s���rer�e�� - - - ...... . •^��s Issuance of g?�edited building permits, Pursuant to Section 177.073, Florida Statutes an applicant may make application for up to fifty (50) percent jsevent -f�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 identifvina the specific lots of the subdivision. not to exceed fift�50) percent jsevent -f�75) percent effective December 1, 20271 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 the preliminary plat for approval prior to approval of any requested building permit. The Citv reserves the right to deny authorization for development on a specific lot or lots to rotect 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, alons with the approved plans, to the relevant electric, gas, water, and wastewater utilities. �4) The applicant has submitted the required performance securityprovided 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 cleric of the circuit court. City of Winter Springs Ordinance No. 2025-02 Pa6e 17 of 26 ((J) 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. Sec. 9-71. When final development pl-a-rt plat is to be filed; extension. (a) The final A�^'^r1M�"+ N'�r i ^' Ai* �^ � ^;.,00,•;,,,,- �rr] plat for all or a portion of the area covered by the preliminary plant plat shall be submitted within one (1) year of the date of approval of the preliminary plaa plat; otherwise, such preliminary approval will automatically become null and void unless the city commission grants a specific extension of time. (b) Application for approval of the final deve'^nm^„+ 4^'^^plat, or..;,,00,•;„^ and s„rr'ow,o„+ai•s x 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) Citysurveyor and City Attorney, City of Winter Springs Ordinance No. 2025-02 Page 18 of 26 D) my 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 plan-splat exists, this step in the process will not be required. {-}fo City commission. Sec. 9-73. Form and contents of final d�elnt�nen-f-inn-.—plat• plan p.1at 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. Potableb) Additional engineer-ing/plans to aeeempany the final development plan plat: Results(5) Exeazvatian and fill. (6) Sidewalks, bieyele paths, and bridle path-s-. (7) Streets and eurbs. StFeet gFades and elevation shall be established to minimize the need for underdrains. In soils where high groundwateF is found or suspected, cuts shall be roadways projected groundwateF elevation is less than one (1) foot, six (6) inches undetAr-ains shall be r-equifed. results and reeonunendations by a eity appfoved soils engineering and testing firm. The soils exrplorations work shall include as a mi a. roadways; elassifieation and :.^ elevation to United States Geelagieal Sttfvey datiim found subsequent to making the beFings. The evaluation of the Fesults and recommendations by the soils finn shall inelude as a minimum: Reeommendations on the type of base eonstruction; City of Winter Springs Ordinance No. 2025-02 Pa5e 19 of 26 AL A AL Alk- -: :. III III Fill Pill Pill 11 will 41111 1 milli 11 NO pill .: :- - wav�.�si vo WORM .• No k�ambow�A N.HTF.1111lM. to to .::NO J10 Moo a At AN, A ruff of .: qlrqwp WE All "l Will lot top In IV I ol Will a No Solool"I'llowl MOO bl The final plat shall be twenty-four (24) by thirty-six (36) inches in size and shall be drawn on linen with India inlc at the scale no smaller than one hundred (100) feet to the inch meetin alg 1 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 survevor 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. The lines and names of all streets and roads. (4) Lot lines and lot and block numbers. City of Winter Springs Ordinance No. 2025-02 Page 20 of 26 ol Will a No Solool"I'llowl MOO bl The final plat shall be twenty-four (24) by thirty-six (36) inches in size and shall be drawn on linen with India inlc at the scale no smaller than one hundred (100) feet to the inch meetin alg 1 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 survevor 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. The lines and names of all streets and roads. (4) Lot lines and lot and block numbers. City of Winter Springs Ordinance No. 2025-02 Page 20 of 26 bl The final plat shall be twenty-four (24) by thirty-six (36) inches in size and shall be drawn on linen with India inlc at the scale no smaller than one hundred (100) feet to the inch meetin alg 1 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 survevor 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. The lines and names of all streets and roads. (4) Lot lines and lot and block numbers. City of Winter Springs Ordinance No. 2025-02 Page 20 of 26 5) Location, right-of-way and classification of canals and waterway 6) Reservations, easements, allevs and anv areas to be dedicated to bublic use or sites for other than residential use with notes slatingtpurpose 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. 01) 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 nd_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. (c) At the time the final plat is submitted to the citv for aparoval, the Mat shall be accomDanied by (1) A title opinion from an attorney or a property information report that is prepared within the precedin 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-of4ay, City of Winter Springs Ordinance No. 2025-02 Page 21 of 26 includinggreen(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 attorneyfor 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 cityby 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 engineering and site plans; expiration of approval. (a) If the developer elects to request approval of a final en ineering 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 i substantial conformity with the approved preliminary plan or a subsequently approved modification tG the preliminary r'^„. in accordance with the procedures and criteria contained in Chapter 20, Zoning, of the City Code of Ordinances. The final deyelopm^n* 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. Aetion to approve ^ fi (b) If within two (2) years after approval of a final developmenten ineering and site plan of a development not part of a PUD and for which the plat has not yet been recorded, the 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 deve oilmen engineering and site plans shall be the same as for the original approval. �ii!�SI:ESllfEtlSlEff s.:.�,.:....:..�:_:,.�.. gem ..1.,.,...�.,..:_.,..,.._:: City of Winter Springs Ordinance No. 2025-02 Page 22 of 26 oil IF OL"62�wA'MKMMMMELV IF tm . I M . . : fa AT.tJ.: r_�.♦ALw.. a-L..wr Am AMIN ®R% 1A AM III IN I��♦�:R��. other- ritxhts of wav however designated shown on the n1an fbr- ne+tnewal us.e. fMi nil ��S . ... . ssi.s ��..a�:rv.Ca�.si .tee. s _r2� iwt•'Zssr�.s.�o•��+i.na�..w. ass�.s.a: e III p4lie purposes. f With 410 lal plat ph Jewell % lil•�w..v.:..a:ru..r�. �.a�.!!_�aRaowasaisaa:♦. All a Will mvemiiioii Naimoli WImI1I Will I oil III III Map Willi al PATT!1111111111 Mama Sec. 9-76.7z^ra.7;.,.� >7..^^e,�,,..^c. Improvement and maintenance security. All ::- v W vim If III ag Go Mfg Willi City of Winter Springs Ordinance No. 2025-02 Page 23 of 26 mvemiiioii Naimoli WImI1I Will I oil III III Map Willi al PATT!1111111111 Mama Sec. 9-76.7z^ra.7;.,.� >7..^^e,�,,..^c. Improvement and maintenance security. All ::- v W vim If III ag Go Mfg Willi City of Winter Springs Ordinance No. 2025-02 Page 23 of 26 Sec. 9-76.7z^ra.7;.,.� >7..^^e,�,,..^c. Improvement and maintenance security. All ::- v W vim If III ag Go Mfg Willi City of Winter Springs Ordinance No. 2025-02 Page 23 of 26 IMM1 IN ...:�'I.: UMS9..�a:��J.: l.,.': .�.a.,.�Tl�l J9•<.L97 L..a�.'/l. aq..7LRIwI vi0 F4erney-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 throughne (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) vears of final plat �proval. (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 reauest 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 filingaa 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, ( b)Lcl 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. City of Winter Springs Ordinance No. 2025-02 Pa0e 24 of 26 Sec. 9-77. Approval of final plat. The city commission may approve the final plat at a public hearing noticed at least seven t71 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 pis plat and if it complies with regulations established by this chapter. Aetiorrby ahe eity eommission may be tale ,xpeditiously, but not to exeeed thirty (30) days after- Feeeipt of the final plat and supper-ting data )y the &y unless delay is requested by or--eaus he—appliefl*tAf 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 cleric 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. 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. City of Winter Springs Ordinance No. 2025-02 Pa5e 25 of 26 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 27t" day of January, 2025, ATTEST: Kevin McCann, Mayor Gowan, City Cleric r, a APPROVED AS TO LEGAL FORM AND SUFFIC%NCY FOR THE CITY OF WINTF,a Anthorfv A. GS ONLY: City Attorney First Reading: January 13, 2025 Legal Ad: January 15, 2025 Second Reading: January 27, 2025 City of Winter Springs Ordinance No. 2025-02 Pa5e 26 of 26 P� . J w