§ 62-2801. Definitions and rules of construction.  


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  • For the purposes of this article and article VIII, the following terms shall have the meaning set forth in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

    Alley means a public or private right-of-way or passageway, less than 30 feet in width, which usually abuts the rear of the premises, or upon which service entrances or buildings abut, not generally used as a thoroughfare or for general traffic, and not otherwise officially designated as a street.

    Applicant means the record owner, or his authorized representative, of a tract of land that is to be used as a subdivision and/or site plan within the scope of this article.

    Auxiliary lane means a collective term incorporating right turn lanes, deceleration lanes and left turn lanes that facilitate the safe movement of vehicles onto and/or off of the main roadway.

    Benchmark means a relatively permanent object as described in Section 61G17-6.002(1), Florida Administrative Code.

    Block means a lot or group of lots entirely and immediately surrounded by streets or highways, railroad rights-of-way, watercourses, subdivision, multifamily boundaries, or any combination thereof.

    Board means the board of county commissioners of the county.

    BOA means the board of adjustment as described in chapter 62, article II, division 4.

    Buffer means the land development regulations concerning vegetative buffers.

    Building line means the effective building line as defined by the setback provisions of the county zoning regulations.

    Certificate of completion means the certificate issued by the county manager or his designee subsequent to final inspection certifying that all improvements have been completed inconformity with the requirements of this article, the approved construction plans and specifications.

    Certificate of occupancy (CO) means written permission to occupy a structure granted by the building official.

    Certificate of ownership means an opinion of title of a licensed attorney or title company certifying to the county, based upon an examination of an abstract of title or the official records of the county, that the applicant is the owner in fee simple to the tract submitted for subdivision. The certificate shall also state the names and nature of all liens, mortgages and encumbrances against the title to the tract, if any.

    Certified boundary survey means a survey, sketch, map or other exhibit that meets the minimum technical standards for a boundary survey as set forth in Chapter 61G17-6, Florida Administrative Code pursuant to F.S. ch. 472. The field date of the boundary survey must be current and accurately depict the conditions on site at the date of the initial submittal.

    Change of use means a change in an existing or previous use on a site or within a structure from one principal use to another principal use such that the change would require a different application of the land development regulations to the latter principal use that what is applicable to the former principal use.

    Church means a building used for nonprofit purposes by a recognized or established religion as its place of worship. Such a building may include a residential area for the pastor or minister of the sect.

    Collector means a route providing service which is of relatively moderate average traffic volume, moderate average trip length and moderate average operating speeds. A collector road provides both land access service and traffic circulation within neighborhood areas, provides access to neighborhood public facilities and serves as a distribution line between oral and arterial roads.

    Comprehensive plan means the future land use map series, future land use element and other elements of the county comprehensive plan adopted on September 9, 1988, by the board of county commissioners and as amended which establishes goals, objectives, policies and criteria relating to the use of land, the provision of supporting services, and the protection of natural resources and environment.

    Construction permit means the permit to begin construction of improvements according to the construction plans and specifications approved under this article.

    Construction plans and specifications means the engineering plans including the drawings, specifications, tests and data necessary to show construction of the proposed improvements in a subdivision or site plan.

    Corridor lots are defined as a parcel of land, which has a narrow, deeded strip of land connecting the main body of the lot, plot, or parcel to a dedicated and accepted road.

    County surveyor means the Florida licensed professional surveyor and mapper, and/or their designee employed by the board of county commissioners.

    Cul-de-sac means a street with an intersection on one end and a closed turning area on the other.

    Drainage means, but not limited to, swales, ditches, storm sewers, seepage basin, culverts, side drains, retention or detention basins, streets, cross drains and canals.

    Duplexes means a residential building designated for or occupied by two families, with the number of families in residence not exceeding the number of dwelling units provided.

    Easement means any strip of land for public or private utilities, drainage, sanitation, ingress or egress, or other public or private uses subject to the right of use designated in the reservation of the servitude.

    Engineer-of-record means a Florida registered professional engineer responsible for the design of the subdivision or site plan.

    Engineering revision means any change affecting an engineering design or engineering amendment made subsequent to the original approval.

    FDOT means Florida Department of Transportation.

    FEMA means Federal Emergency Management Agency.

    Final plat means the formal submission of a subdivision map, presented by the subdivider, for approval and recordation. The final plat shall meet the requirements of a plat defined herein.

    GML means government managed lands. A zoning classification described in article VI of this chapter, which recognizes the presence of lands and facilities which are managed by federal, state and local governments, special districts and related entities.

    Grubbing means the removal of vegetation including trees by digging, raking or dragging.

    Handicap/disabled accessibility requirements means to refer to the Florida Board of Building Codes and Standards (accessibility required).

    Improvement means an item of construction required under this article in order to improve a tract of land.

    Individual onsite sewage treatment and disposal system means a sewage treatment and disposal facility which may contain a standard subsurface, filled or mound drain field system, an aerobic treatment unit, a septic tank, a grease interceptor, a dosing tank, an effluent pump or waterless, incinerating or organic waste composting toilets, installed or proposed to be installed beyond a building sewer on land or the owner or on other land to which the owner or owners have the legal right to install a system. Appurtenances installed within the building sewer prior to treatment receptacle shall not be included in this definition, systems covered by F.S. ch. 402 are not included in this definition.

    Individual water supply means a potable water supply, which is furnished by a well on an individual lot. Private water systems, limited use commercial and limited use community water systems are under the jurisdiction of Chapter 64E-8 FAC (F.S. § 381.0062)

    Joinder in dedication means the consent to an agreement, document or plat dedication by a party who has an interest in the subject matter of the agreement, document or plat dedication, but who is not himself or herself an active party to the agreement, document or plat dedication.

    Limited access means a roadway in which access is provided only at interchanges.

    Limited access private street means a roadway not within public ownership that is designated for the exclusive use of the property it services.

    Local road means a route providing service that is of relatively low average traffic volume, short average trip length, minimal through-traffic movement and high access to abutting property. Any public roadway not classified as an arterial or collector is a local road.

    Lot means a portion of a subdivision or site plan intended as a single building site or a unit for transfer of ownership for development as a unit, or both, the boundaries of which have been clearly designated upon a plat, site development plan or recorded in official record book of the county. "Key lot," "corner lot," "lot depth" and "double-frontage lot," as used in this article, are defined in article VI of this chapter.

    Maintenance security means 25 percent of the construction cost of public improvements to be posted with the county by the subdivider, for a minimum of two years upon the construction being accepted by the county.

    Metes and bounds means a land description method that details all the boundary lines of land, together with their terminal points and angles.

    Minor arterial means a route that interconnects with and augments the major arterials. Minor arterials provide service to trips of moderate lengths at a somewhat lower level of travel mobility than principal arterials, distribute trips to smaller urban areas and communities, provide intracommunity continuity and access public facilities of community-wide significance.

    Minor/administrative site plan means expansion of a site plan/building of 50 percent or less subsequent to the issuance of a certificate of completion.

    Minor subdivision means the division of a parcel of land into not more than six contiguous residential lots, with no remainder from the parent parcel.

    NAVD - 88 means the North American Vertical Datum of 1988.

    NGVD - 29 means the National Geodetic Vertical Datum of 1929.

    Offstreet parking/offstreet loading means parking and loading that occur onsite and not on the street pavement or within a public right-of-way to preclude interference with the efficiency or safety of traffic flow.

    Open space as used in this article is defined in article VI, zoning regulations of this chapter.

    Pedestrian way (pedway) means a transportation facility designed for use by pedestrians which may also be used by other forms of nonmotorized transportation.

    Performance security means 125 percent of the construction cost of improvements to be posted with the county by the subdivider prior to recordation of the final plat.

    PCP means a permanent control point as defined in F.S. ch. 177.

    PRM means a permanent reference monument as defined in F.S. ch. 177.

    Person means any person, firm, partnership, association, corporation, company or organization of any kind.

    Phase means a specified portion of a subdivision and/or site plan that may be developed as an independent entity that is delineated in the preliminary plat or development site plan, whichever is applicable. A distinct stage of development.

    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 all applicable sections of F.S. ch. 177, Part One, and sections of this article or any other applicable policy, regulation, ordinance, or law. This term shall include a replat or road plat.

    Preapplication means a procedure/conference for establishing the subdivision/site plan process in accordance with the subdivision/site plan regulations.

    Preliminary plat means the first formal submission of a subdivision map, presented by the subdivider, with accompanying documents providing the required information about the subdivision. The preliminary plat shall meet the requirements defined herein.

    Principal arterial means a route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed and high mobility importance that services significant interregional movement between major urban centers and/or public facilities of regional importance.

    Private improvements means those improvements required, but not limited to, streets, sidewalks, drainage, preservation areas and other easements and rights-of-way, street signs and signals or water and sewer facilities privately owned and maintained.

    Public improvements means those improvements required to be dedicated to the county for use by the public, including, but not limited to streets, sidewalks, drainage, preservation areas and other easements and rights-of-way, street signs and signals, or water and sewer facilities.

    Restrictive covenants means an agreement which restricts the use of private property.

    Reviewing agencies means those agencies required to review, comment and subsequently approve or disapprove projects per their respective ordinances, articles and/or regulations.

    Sanitary sewerage system means a facility for collection, treatment at a central plant and disposal of domestic, commercial or industrial sewage, whether such facility is publicly or privately owned and operated.

    Service road means a roadway generally parallel and adjacent to a principal arterial used to control access to the arterial, to function as a street facility serving adjoining property, to segregate local traffic from through-traffic and to maintain circulation of traffic on each side of the arterial. Also known as frontage roads and marginal access roads.

    Site plan or site development plan means site and construction plans submitted for review and approval in compliance with the requirements of article VII and article VIII.

    Site plan/amendment means any changes to the original approved site plan by the applicant or successor prior to the certificate of completion.

    Street means a road which affords the principal means of access by vehicles to abutting property.

    Subdivider means the owner of record or his/her authorized representative of a tract of land that is to be used as a subdivision within the scope of this article.

    Subdivision means the division of a parcel of land, whether improved or unimproved, into three or more contiguous lots, tracts or parcels of land, 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 minor subdivision, re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided.

    Topographical map/survey means a survey of selected natural and artificial features of a part of the earth's surface to determine horizontal and vertical spatial relations. The topographic survey shall met [meet] the requirements as set forth in Chapter 61G17-6, minimum technical standards, Florida Administrative Code, pursuant to F.S. ch. 472.

    Tract means the total actual parcel of land that is being divided into a subdivision. Tract may also refer to a smaller parcel of land platted for purposes other than a buildable lot; including, but not limited to, retention areas, common areas, right-of-way, conservation, landscape buffers and recreational areas.

    Undue hardship means a hardship which exists due to conditions or circumstances peculiar to the applicant's land and does not result from the actions of the applicant.

    Urban means that area within the adjusted urban area boundary as defined by the metropolitan planning organization (MPO), the Florida Department of Transportation (FDOT), and the Federal Highway Administration.

    Variance means variance as defined in article II, division 5, section 62-253 of this chapter.

    Vesting means the three-year time period of time from site development plan approval to final certificate of occupancy (C.O.) or certificate of completion.

    Watercourse means a stream of water flowing in a definite course, provided continued flow is unnecessary if the stream has substantial existence.

    Water system means a community facility for the supply and distribution of potable water, whether the facility is publicly or privately owned and operated.

    Wetland means those areas as defined in section 62-3691, as amended.

(Ord. No. 95-30, § 1, 7-11-95; Ord. No. 01-35, § 1, 7-24-01; Ord. No. 2004-13, § 1, 4-13-04; Ord. No. 10-20, 10-12-10; Ord. No. 17-09, § 1, 5-9-17)