Brevard County |
Code of Ordinances |
CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA VOLUME II |
Chapter 62. LAND DEVELOPMENT REGULATIONS |
Article VIII. SITE PLANS |
§ 62-3203. Site development plans.
(a)
Site development plans.
(1)
Major site plan. A major site plan shall be submitted for all new site development proposals and for any existing developed site with an addition of 50 percent or greater of the original floor area or seating capacity of the existing structure.
(2)
Minor site plans. A minor site plan shall be submitted for the following site development proposals:
a.
Additions to previously approved site plans which do not exceed 50 percent of the size of the existing structure(s).
b.
Additions or alteration to site infrastructure, stormwater or parking areas 1,000 square feet or greater to existing developed sites.
(3)
Minor alteration plans. A minor alteration plan shall be submitted for additions or alterations to existing site infrastructure improvements, stormwater, or parking which does not exceed 1,000 square feet of work area and the proposed construction does not necessitate the review of more than five review agencies.
(4)
Only the specific work area identified in the minor site plans or minor alteration plan shall be subject to compliance with current code requirements of this article, unless, there is a safety concern, the improvement necessitates the modifying other existing infrastructure, or another code requirement that stipulates the area outside of the work area must comply with the current standards.
(5)
If the reviewing agency determines that the minor site plan or minor alteration plan does not require their review, they will notify the appropriate department of their findings and be exempted from review and approval.
(b)
Engineering revisions. Shall be submitted for any alterations to site infrastructure for an approved site plan under construction prior to the issuance of the certificate of completion.
(c)
[Plan process.] The site development plan process shall include a pre-application conference, formal site plan submittal, and construction permit.
(1)
Pre-application conference. The pre-application conference provides a formal review and input in the formative stages of the site plan design which should help to expedite the approval process and thus reduce plan design and development costs for the applicant.
a.
All major site plan applications meeting any of the following criteria shall have a pre-application conference. Applicants submitting a site plan application that does not require a pre-application conference may request to have a voluntary pre-application conference.
1.
Projects consisting of three acres or more; or
2.
Residential multifamily developments consisting of 20 units or greater in size; or
3.
Any site plan application that the county manager or their designee has determined the intensity of development warrants a pre-application conference.
b.
The pre-application conference schedule containing meeting dates and submittal deadlines will be posted at the beginning of each year, which may be amended as needed, with proposed meetings on average once every two weeks. Staff review comments will be provided prior to the pre-application conference.
c.
The applicant will have 180 days from the date of the pre-application conference in which to submit a formal site plan in order for the project design to be approved under the Code of Ordinances that were in effect as of the date of the pre-application conference. A formal site plan submitted beyond the 180 days after the pre-application conference will be required to comply with the code requirements in affect at the time of formal engineering plan submittal. A formal site plan submitted more than 12 months after the pre-application conference shall have another pre-application conference.
(2)
Formal site plan submittal.
a.
Review timeframes.
1.
The county shall provide review comments or approval within ten business days of the receipt of a complete site plan application for the initial submittal. Subsequent submittal will be reviewed within five working days. Instances where the proposed development plan contains a large acreage, number of units, may affect regional resources, or the intensity of the proposed use warrants, the county manager or designee may extend the aforementioned review period to a maximum of 30 calendar days. In those cases, the applicant shall be notified prior to the expiration of the original review period.
2.
The county will provide the applicant the comments and recommendations of the agencies and advise the applicant of a date for a development review conference with the applicant to review the agencies' comments and recommendations. The date of the conference may be set for a time after the expiration of such ten working day period. The conference schedule will be posted at the beginning of each year, and may be amended by the county as needed with proposed meetings on average once every two weeks. To have a project placed on the development review conference agenda, the complete submittal must be received by close of business prior to the deadline posted for the scheduled conference. Staff comments and resolutions will be reviewed with the applicant at the development review meeting.
b.
An applicant shall have 24 months from the date of formal site plan submittal for the plans to be approved by all of the necessary review agencies. Failure to meet this requirement will cause the site plan to automatically become null and void and the fees shall not be refunded.
c.
The date the site plan has obtained approval from all of the reviewing agencies shall constitute the approval date of the site plan. The site plan shall be valid for a period of 36 months from the approval date.
(3)
Construction permit.
a.
The development shall be built in accordance with the approved site development plan and accompanying specifications. The applicant shall not commence with constructing the site plan improvements until:
1.
The county has approved the site development plan and issued a construction permit, and
2.
Applicant has attended a pre-construction conference. The applicant shall notify the county two weeks prior to the start of construction of the project. At that time, it will be determined if a pre-construction conference will be required.
b.
The applicant will submit the following information to obtain a construction permit. Site plans containing more than one development phase shall obtain a construction permit for each development phase.
1.
The required sets of plans and a certified cost estimate from engineer of record for all construction or phase, in the format of quantities and unit costs. All plans and documents must be signed and sealed by a professional engineer.
2.
Engineering inspection fees as calculated per the approved fee schedule and including the public works right-of-way fees.
3.
Any other necessary information.
c.
Construction time limits. All phases of a site development plan which have been approved for construction must receive a certificate of completion for the proposed infrastructure improvements within 36 months of the date that all of the review agencies have approved the formal site plan. Any site development plan approved for construction with a valid building permit will be considered active after the 36 months' time limitation and approved for construction as long as the certificate of completion for the infrastructure is issued prior to the building permit becoming void. Failure to meet these conditions will cause the site development plan to become null and void and no fees shall be refunded.
1.
A building permit(s) may be requested for any structure within a site development plan or any phase which has received a certification of completion for the site infrastructure.
2.
An active site plan does not exempt the developer from obtaining current applicable county and state approvals and permits.
(d)
Inspections and certification of completion process. The county manager or designee and representatives of any reviewing agency shall have the right and privilege to inspect and visit the site for the purpose of ensuring that all improvements are being constructed in conformity with the provisions of this article, and such approved construction plans and specifications,
(1)
Notification. The applicant shall notify the county manager or designee prior to the start of construction in order to schedule a pre-construction meeting to start the inspection process. In cases where the aforementioned notice has not occurred, the county shall not issue certificate of completion or certificate of occupancy until the county has approved a remedial action plan and all necessary inspections are complete.
(2)
Revisions. Any changes to the approved site plans shall require the submittal of an engineering revision and a permit modification through the county permitting system, to include additional staff reviews, inspections and fees, unless the county manager or designee determines said changes do not require engineering revision to the approved site plan.
(3)
Certificate of completion process. Upon completion of construction of the project and prior to scheduling of the final inspection, the applicant or their authorized representative, shall provide the following documentation:
a.
A certification of completion—Request for final inspection form. The form must be from a professional engineer licensed in the state with their seal affixed. The form certifies that the improvements have been constructed in conformance with the approved construction plans and specifications.
b.
A complete set of testing reports for all tests performed within the county right-of-way.
c.
Three sets of an as built surveys meeting the requirements of section 5J-17, F.A.C., and signed and sealed by a surveyor licensed in the state. At a minimum, the as-built drawings must include pavement elevations, cross slopes, widths, striping, signage, stormwater retention system elevations, control structure elevations, pipe elevations, pavement drainage patterns, property line drainage patterns, and all other necessary information to ensure compliance with the approved plans.
d.
For site plans that contain public infrastructure, the as-built survey shall be tied to the county and/or the NGS geodetic GPS network. State plane coordinates (NAD83/2011 or latest adjustment) shall be shown on a minimum of four parcel boundary corners. The as-built survey shall also be submitted in a digital format as set forth by applicable county agencies. This requirement is not for minor or amended site plans. The applicant may apply for a waiver through the waiver process on a case by case basis. The as-built survey shall show a permanent benchmark set on site. The benchmark disk shall be furnished by the county with a designated P.I.D. number. The BM shall be set and approved in accordance with the county department of surveying and mapping vertical control manual.
e.
Documentation from the municipality providing utility service that states acceptance of construction of the water and/or sewer system for operation and maintenance.
f.
The fire marshal or designee shall approve the water system with regards to water for firefighting and fire flows, if applicable.
(4)
Upon receipt of the above items, the county manager or designee shall review such data and upon approval shall schedule a final inspection of the constructed improvements by the appropriate county staff and shall notify the applicant of any items of noncompliance with the approved construction plans and specifications, and the provisions and requirements of this article.
(5)
Upon approval of the submitted documentation, the county shall notify the applicant of any maintenance bonds that are required by the provisions of this article or by this Code.
(6)
A certificate of completion shall be issued by the county manager or designee when the construction of such improvements is completed in conformity with the design contained in the approved construction plans and specifications, and the provisions and requirements of this article and applicable codes. The county manager or designee shall refuse to issue a certificate of completion should a reviewing agency determine the workmanship or materials of the improvements do not meet the technical standards set forth in this article or applicable codes.
(Ord. No. 13-40, § 5, 12-3-13; Ord. No. 17-10, § 1, 5-9-17)