A. General.
1. Purpose and Intent. The purpose and intent of this subsection is to set forth a well-defined application process, review criteria, and uniform procedure for the processing of land development permits, and to ensure that developments comply with the drainage requirements of the South Florida Water Management District and other external agencies, and the respective standards described in the Engineering Design Handbook and Construction Standards, the city's Code of Ordinances, and these Land Development Regulations.
2. Applicability. The land development permit (LDP) shall be required prior to the commencement of any new construction (or modification) of site improvements, required infrastructure, and activities listed hereunder. For the purposes of this subsection, a modification shall be construed to exclude simple maintenance and repairs of existing site improvements and infrastructure, as determined by the City Engineer or designee. The LDP shall be required for the following:
a. Impervious Surfaces. Any new impervious surfaces of eight hundred (800) square feet or more;
b. Off-Street Parking Areas. Off-Street parking, vehicular use area, and loading zones on private property as described in Chapter 4, Article VI (Parking Lot, Vehicular Use Area, and Loading Zone Standards);
c. Required Improvements. Any drainage, storm water and wastewater systems, and the other required improvements (e.g. utilities, streets, sidewalks, pedestrian and bicycle paths, etc.) as described in Chapter 4, Article VIII (Roadways, Utilities, and Infrastructure Design Standards);
d. Landscaping and Irrigation. Landscaping, including its irrigation, located within rights-of-way or that which is required on private property pursuant to Chapter 4, Article II (Landscaping Design and Buffering Standards);
e. Clearing and Grubbing Activities. Any proposal to cut down, move or remove, destroy, or effectively destroy through damaging any plant material protected under Chapter 4, Article I (Environmental Protection Standards);
f. Excavation and Fill Activities. Any excavation, grading, dredging, or fill activities pursuant to Chapter 4, Article XI (Excavation and Fill Regulations);
g. Exterior Lighting. Any exterior site lighting located within public rights-of-way or that which is required in off-street parking areas or other vehicular use areas pursuant to Chapter 4, Article VII (Exterior Lighting Standards); and
h. Abutting Rights-of-Way. The application for an LDP shall generally include any off-site improvements and construction activity proposed to, or within, an abutting or contiguous right-of-way; however, the City Engineer shall have the authority to require a right-of-way permit in those instances when the scope of work is such that it is not located within close proximity of the subject property or abutting right-of-way, and is a considerable distance off-site, and is not a direct component of the subject LDP.
3. Prerequisites to the Land Development Permit. The City Engineer or designee shall not commence the review of a land development permit application in instances when the Director of Planning and Zoning or designee determines that a site plan or a modification thereof is necessary. See Chapter 2, Article II, Section 2.F. for the site plan review process. In this section, the term "site plan" is also construed to include the master site plan and technical site plan review processes (see Chapter 2, Article II, Sections 3.A. and 3.B., respectively).
The review of an LDP application may occur concurrently with the review of a final plat in instances when the City Engineer determines a plat or replat is required, but in all instances, the LDP shall not be issued until the final plat is approved.
B. Submittal Requirements. An application form for a land development permit shall be provided by the Engineering Division. Unless the City Engineer or designee determines otherwise, the applicant shall submit the completed form, pay the fee as adopted by resolution by the City Commission, and provide all documentation required hereunder:
1. Survey. Seven (7) surveys sized twenty-four inches by thirty-six inches (24" x 36"), not older than six (6) months, and one (1) additional copy sized eleven inches by seventeen inches (11" x 17"), showing the subject property and any affected rights-of-way, including alleys, shall be prepared and sealed by a licensed surveyor. The surveys shall also illustrate the following:
a. Total gross project acreage and square footage;
b. North arrow, scale, and legend;
c. Property boundaries, legal description, and property control number(s);
d. Existing natural features, including but not limited to lakes, trees and other vegetation, soils, and topography;
e. Existing buildings and structures, including dimensions, height, and use;
f. Existing utility lines and easements;
g. Existing ground elevations (street and finished floor); and
h. Permanent reference monuments and permanent control points as required by Chapter 4, Article VIII, Section 3.C.4.
2. Site Plan. Seven (7) site plans sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17") shall be prepared and sealed by a professional architect, engineer, or landscape architect registered in the State of Florida. The site plan shall be drawn to scale and indicate the following:
a. Total gross project acreage and square footage;
b. North arrow, scale, and legend;
c. Future land use map classification (FLUM) and zoning district (from official zoning map);
d. Tabular summary indicating the total building area expressed in square footage, including non- residential floor area (if applicable) and intended use of such floor area;
e. Tabular summary indicating the total number of dwelling units (if applicable), including characteristics such as number of bedrooms, bathrooms, and size of each typical unit;
f. Tabular summary indicating square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas and other paved surfaces, building coverage, and pervious and impervious surfaces;
g. Tabular summary indicating number and ratio (methodology) of required and provided off-street parking spaces and loading zones;
h. Existing buildings and structures which are to remain, and any proposed buildings and structures, including dimensions, height, setbacks, and use;
i. Proposed off-street parking spaces, loading zones, and vehicular use areas (i.e. driveways), including dimensions, setbacks, traffic control markings, and signage;
j. Proposed sidewalks and pedestrian areas, including dimensions and setbacks;
k. Proposed fences and walls, including dimensions, setbacks, height, and material;
l. Proposed location of exterior freestanding lighting fixtures; and
m. Proposed dumpster or trash receptacle location(s).
3. Civil Engineering Drawings. Seven (7) civil engineering drawings sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17") shall be prepared and sealed by a professional engineer registered in the State of Florida. The civil engineering drawings shall be drawn to scale and illustrate the same general information as that shown on the site plan following (including associated easements and dedications), in addition to containing the following:
a. Paving and grading;
b. Potable water and sanitary sewer systems;
c. Stormwater management and drainage calculations that were used in the design of the water management system;
d. Stormwater pollution prevention plan (SWPPP) and/or erosion and sedimentation control (ESC) plan;
e. Typical sections and summary of quantities;
f. Street lighting;
g. Traffic control markings; and
h. Maintenance of traffic plan.
4. Landscape Plan. A detailed landscape plan shall only be required for those permit applications associated with the required landscaping as described in Chapter 4, Article II or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit seven (7) landscape plans sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17"), all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following:
a. Existing and proposed vegetation (trees and shrubs), including species, height, and size, and any which are to remain;
b. Locations of protected or specimen trees;
c. Tabular summary of plant list indicating type of plant by common and botanical name, and quantity;
d. Proposed berms, watercourses, and other topographic features;
e. A notation on the method of irrigation;
f. Locations of required trash receptacles, bicycle racks, and trash receptacles; and
g. Locations of exterior lighting fixtures, utility structures (at grade and below grade), easements, and proposed civil engineering improvements.
5. Irrigation Plan. A detailed irrigation plan shall only be required for those permit applications associated with landscaping and irrigation lines as regulated under Chapter 4, Article II (Landscape Design and Buffering Standards) or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit seven (7) irrigation plans sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17"), all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following:
a. The irrigation system plans and specifications shall identify the materials to be used, the installation methods, and estimated monthly water savings as compared to non-microirrigation systems;
b. Irrigation system plans and specifications shall undergo final testing and adjustments to achieve design specifications prior to completion of the system and acceptance by the owner’s representative and the city;
c. The water use zones shall be shown on the irrigation plan and labeled as to their usage (e.g., turf zones, shrub zone, etc.);
d. Location and size of public water meter(s) (domestic and reclaimed) service(s), well or lake water or cistern storage source, pressure tank and rust chemical treatment;
e. Location and size of backflow prevention device, and automatic controller;
f. Static water and design pressure at point of connection and pressure-regulation valve shall be installed and maintained if static service pressure exceeds eighty (80) pounds per square inch. The pressure regulating valve shall be located after the meter;
g. Location of power source (single or three (3) phase);
h. Location, type, size, and depth of all irrigation main and lateral lines, and sleeves;
i. Location and type of all irrigation heads, quick couplers, gate valves, automatic flush valves, air vacuum relief valves, soil moisture sensors, control switches, pumps, starters, and other related equipment;
j. Installation details and outline specifications for backflow prevention device, metal caging, controller, control valves, quick couplers, emitter heads, drip lines and emitters, automatic and/or manual flush valves, air vacuum, relief valves, main line and later line pipe, wire connection details, and all other irrigation related operations;
k. Irrigation legend with symbol, size, manufacturer, model number, PSI and GPM shown on each sheet;
l. Irrigation general notes and outline specification and applicable to project;
m. Weekly and monthly watering schedule for each hydrozone;
n. Approval of irrigation system plans and specifications shall also require that the installer provide property owners and users with the following post-construction documentation, including as-constructed drawings, recommended maintenance activities and schedules, operational schedule, design precipitation rates, instructions on adjusting the system to apply less water after the landscape is established, maintenance schedule, water source-water shut-off method, and the manufacturer’s operational guide for their irrigation controller. When feasible, similar information should be made available for subsequent property transfers;
o. In order to assist the property owner with the most efficient use of the irrigation system, the contractor shall supply the following information at the completion of the installation:
(1) As-built irrigation plan:
(2) Irrigation scheduling information, with instructions for seasonal timer and sensor changes; and
(3) An irrigation valve site map detailing:
(a) Gallons per minute demands;
(b) Precipitation rates;
(c) Operating pressure requirements for each valve.
6. Tree Management Plan. A detailed tree management plan shall only be required for those permit applications associated with the removal of plant material as regulated under Chapter 4, Article I (Environmental Protection Standards). The applicant shall be required to submit seven (7) tree management plans sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17"), all of which drawn to scale, and prepared and sealed by a professional landscape architect in the State of Florida. The tree management plan shall illustrate the same general information as that shown on the site plan. The plan shall illustrate the trees that are to remain in place, as well as those which are to be relocated elsewhere on-site, including a notation regarding the reason for relocation. The plans shall also indicate the trees that are proposed to be removed and the reason for such removal.
7. Photometric Plan. A detailed photometric plan shall only be required for those permit applications associated with exterior lighting as regulated under Chapter 4, Article VII (Exterior Lighting Standards) or by the Engineering Design Handbook and Construction Standards. The applicant shall be required to submit seven (7) photometric plans sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17"), all of which drawn to scale, and prepared and sealed by a professional engineer in the State of Florida. The plans shall illustrate the same general information as that shown on the site plan, in addition to containing the following:
a. Detail of each type of exterior freestanding lighting fixtures, including material, color(s), height, and sizes;
b. Illumination levels (in footcandles), including a summary table indicating the average, minimum, and maximum footcandle levels;
c. Certification of compliance with the latest edition of the Florida Building Code and the capacity to withstand one hundred forty (140) MPH wind load; and
d. Proposed conduit routing.
8. Grading Plan. A detailed grading plan shall only be required for those permit applications associated with excavation, grading, dredging, or fill activities as regulated under Chapter 4, Article XI (Excavation and Fill Regulations). The applicant shall be required to submit seven (7) grading plans sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17"), all of which drawn to scale, and prepared and sealed by a professional engineer registered in the State of Florida. The plans shall illustrate the following:
a. A topographical map depicting existing grade, paved conditions, and vegetation on the referenced property and to a point fifty (50) feet off the property in all directions;
b. A phasing plan, where applicable;
c. Soil borings indicating the depth of the various materials to be dredged or excavated;
d. A map indicating the location of soil borings;
e. A topographical map with finished land elevations shown;
f. A description of the method(s) involved in the excavation;
g. A listing of the person or persons responsible for the work proposed;
h. Tabulation of the amount of material to be moved;
i. Plans for the abatement of nuisances such as the flowing of dust and sand;
j. The steps to be taken to protect the water resources, if applicable;
k. The height and location of proposed stockpiles;
l. The duration of stockpiling;
m. The duration of the work;
n. Traffic plans to include the treatment of internal roads, private or public street crossings;
o. Points of ingress and egress to the site;
p. Location of turn lanes, if appropriate; and
q. Methods to ensure public safety during and after the work to be performed.
9. Native Florida Ecosystem Survey or Inventory. A detailed Native Florida Ecosystem Survey or Inventory shall only be required for those permit applications associated with the development of environmentally sensitive lands in accordance with Chapter 4, Article I (Environmental Protection Standards). The evaluation of any proposed alteration of lands which are found to be environmentally sensitive shall be prepared by a professional biologist. The applicant shall be required to submit seven (7) surveys or inventories, sized twenty-four inches by thirty-six inches (24" x 36") and one (1) additional copy sized eleven inches by seventeen inches (11" x 17"), all of which drawn to scale. The surveys or inventories shall illustrate the following:
a. Site location map with the specific property clearly indicated;
b. Aerial photograph with the specific property clearly indicated (scale: one (1) inch equals six hundred (600) feet or less);
c. Detailed map of existing terrestrial and aquatic vegetation, including exotic species within the jurisdictional limits of wetland jurisdiction of the U.S. Army Corps of Engineers and the Florida Department of Environmental Regulation;
d. Soil types and conditions;
e. List of endangered, threatened and rare species and species of special concern found on the site;
f. Areas or sites where colonies of birds are nesting or roosting or where migratory species are known to concentrate;
g. Archaeologically and/or historically significant features as identified or recognized by state or federal regulations;
h. Geologically significant features;
i. Areas of previous disturbance or degradation, including present and past human uses of site;
j. Surrounding land uses;
k. Conceptual footprint of site development, including buildings, roadways, parking areas, utilities, water features, flood control structures, stormwater systems, wellfield locations, landscaped areas, buffer areas, preserve areas, and other open space areas, as an overlay to vegetation mapping;
l. Status of development approvals, including permit applications; and
m. Project operation.
(1) Description of proposed operations to be performed on the site including use, storage, handling or production of substances known to be harmful to humans, plants and/or animals;
(2) Identification of any pollutants expected to be emitted during project operation;
(3) Identification of timing and source of noise and/or vibration impacts on resident and adjacent human and animal life; and
(4) Project alternatives.
(a) Discussion of project alternatives should be provided, including options considered and rejected and the rationale for rejection of each option considered; and
(b) Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species of special concern.
C. Review Criteria. The land development permit shall be consistent with the corresponding site plan and final plat, and comply with the standards and requirements pertaining to paving, grading, and drainage as described in the city's Code of Ordinances, Land Development Regulations, Engineering Design Handbook and Construction Standards, and as regulated by the South Florida Water Management District and other external agencies.
D. Approval Process.
1. Initial Review. Within twenty (20) business days following the submittal of a land development permit application, the City Engineer or designee shall review the civil engineering drawings to ensure that the paving, grading, and drainage complies with the review criteria of Section 3.C. above. If deficiencies persist on the drawings, the City Engineer shall provide the applicant's engineer of record with a written account of all the issues, citing the specific chapter, article, section, and paragraph. Upon receipt of such findings, the engineer of record shall make the necessary corrections or revisions as defined in the written statement, and resubmit the civil engineering drawings to the Engineering Division.
2. Technical Compliance and Issuance of Permit. Once the drawings are found to be acceptable, the City Engineer or designee shall issue a written statement of technical compliance, and notify the applicant of any fees, surety (in accordance with Section 6 below based on the cost estimates provided by a duly licensed professional in the State of Florida), and permits that are required from any external agencies, such as from the South Florida Water Management District or Department of Transportation. The LDP shall be issued by the Engineering Division once the aforementioned items, the final plat, and any other documents required by the City Engineer or designee, are found to be acceptable and meets the provisions of these Regulations. The applicant will then be allowed to commence work on the impervious surface, off-street parking, vehicular use areas and loading zones, paving, grading, and drainage systems, and other required improvements as specified in Section 3.A.2. above.
3. Construction Activity. Construction shall be performed under the surveillance of, and at all times, be subject to review by the City Engineer or designee; however, this in no way shall relieve the Florida-registered engineer of record of responsibility for administration, coordination, and final compliance with the approved plans, specifications, and all applicable rules, laws, ordinance, and resolutions. The City Engineer or designee shall have the authority to enter the property during the progress of construction. The applicant's engineer of record shall submit construction progress reports at points of progress prescribed by the City Engineer, as well as final certification of completion of required improvements. The engineer of record shall coordinate joint reviews of construction with the City Engineer or designee. The City Engineer or designee shall have the authority to stop work upon failure of the developer or engineer of record to administer and/or coordinate the construction of the required improvements as prescribed by these Regulations.
4. Completion. In order for final closeout and project completion of the required improvements, the engineer of record shall certify in writing that the required improvements were installed under his responsible direction; that all improvements conform with the approved civil engineering drawings, and all laws, regulations, codes, and ordinances. In addition, the applicant's engineer of record shall submit tests and reports (concerning the work and materials used during construction of the required improvements), in addition to as-built drawings on a high quality time stable reproducible material showing the original design as compared to the actual finished work.
E. Expiration. All required improvements shall be completed within one (1) year of the date of issuance of the LDP. Unless the time period is otherwise extended, the permit shall become null and void if the applicant is unable to complete the work within the stated timeframe.
F. Extension. An applicant may petition the City Engineer to extend the approval of a land development permit for an additional time period, not to exceed one (1) year, provided that such written request for extension is filed thirty (30) days prior to the expiration of the preceding one (1) year period. The fee for the extension shall be in the amount as adopted from time to time by the City Commission.
G. Miscellaneous. No certificates of occupancy will be issued for buildings in the platted developments until all required improvements are completed, approved, and/or accepted by the city, except that it is the prerogative of the developer to post an additional one hundred ten percent (110%) surety for work that may be more prudently put in place subsequent to building construction, such as sidewalks and landscaping. Certificate of occupancies will not be issued until such work is approved and/or accepted by the city as completed.
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11)