Fort Walton Beach Ordinance — 1877--dissolves boa — reading text

Applicant; Owner; Owner' s Agent; Contract Purchaser Throughout this LDC the term applicant refers to the person submitting applications and associated materials. The applicant shall be the property owner, a designated representative of the property owner, or a purchaser under contract. The representative may be called the owner' s agent; the purchaser under contract may be the designated representative. A notarized statement shall be provided by the owner authorizing the representative to act as an agent of the property owner with regard to the application and associated procedures. Where an action is reserved to the owner of the property, the term owner is used. 9. 00. 03 Development Permits and Development Orders Required; Exemptions; a Recording m A. A local development permit shall be required in conformance with the provisions of this LDC prior to the commencement of any development activities. B. A development order shall be required prior to applying for a local development permit for any of the activities authorized by the following: 1. Site development plan, including proposed development subject to supplemental m standards or bonus provisions; c 2. Site development plan and rezoning for planned unit development (PUD); 3. Preliminary and final subdivision plats; ap d 1; 4. Rezoning; 5. Development agreements; and r 6. Development orders for developments of regional impact as defined in Section 380. 06, F.S. n C. A local development permit shall be required for the following activities: t L Land clearing, excavation, or modification, including dredge and fill; 2. Tree removal, except on single -family lots; v 3. Construction of any principal or accessory building or structure; s 4. Storage of building materials or erection of a temporary job site office; m 5. Installation of utilities, streets, driveways and driveway connections, drainage systems and connections, building systems ( electrical, gas, mechanical, or Umioistratitic Procedure, Page 9 - 3 et Pg. 2211  F13 1.. c l on FN alnm Beads I and De. plumbing), or landscaping other than a single- family home; 6. Marine construction; 7. Moving any structure; 8. Alteration, demolition, or repair of any structure according to the requirements of the Florida Building Code; and 9. Any other construction, reconstruction, site improvement, or modification to the land or water on a site. D. Land clearing shall not be constmed to include routine landscaping maintenance. E. Projects for which a local development permit has been lawfully issued prior to the effective date of this LDC may continue, provided that: 1. The local development permit has not expired prior to the effective date of this LDC; 2. The development activity authorized by the local development permit commenced on or before the effective date of this LDC and continues in good faith according to the applicable time limits; and 3. The development activity authorized by the local development permit is in accordance with all applicable development permits. F. Recording 1. A development order, and any amendments to a development order, shall be recorded in the office of the City Clerk, at the expense of the applicant, prior to the issuance of a building or other local development permit. 2. Where the development order pertains to a final subdivision plat, a true copy of the approved final plat shall be recorded in the public records of Okaloosa County within sixty ( 60) days from the date of such approval. When recordation has not been accomplished within sixty ( 60) days, the City Council shall confirm that the final plat is not valid and provide notice to the applicant. The applicant may reapply for final plat approval. The final plat shall be provided to the City after recording. n 9. 00. 04 Commencement of Work and Expiration of Local Development Permits and m Development Orders A. A development order for a site development plan shall expire two ( 2) years after the date of issuance of the order where an application for a local development permit has E not been submitted. One ( 1) extension of up to one ( 1) year may be requested in a writing prior to the expiration date and shall be granted. a B. A development order for phased projects shall include expiration dates for each phase. When an application for a local development permit has not been submitted F for a phase of the project by the expiration date for that phase, the development order for that phase and all subsequent phases, if any, shall expire. C. A local development permit shall expire if work does not commence within one ( 1) rA year from the date of issuance of the permit. 1. Where a permit is issued by a State or Federal agency with jurisdiction over the project, the permit shall expire as set forth by the agency. E 2. One ( 1) extension of up to one ( 1) additional year may be granted, except where there is an enforceable development agreement which establishes an expiration date. Vinini, traticc Procedures Page 9 - 3 Packet;::P 7229  3. t. c I o, I NN alum B, " h Land I) r. cl upmew ( Code D. Where activity toward completion of a project under a local development permit ceases for a period exceeding six ( 6) months, the local development permit shall be considered void. No further activity shall be undertaken until a new local development permit is issued. E. Where a local development permit has been obtained prior to the expiration of the associated development order according to the timeframes established in Sections 9. 00. 04.A and 9. 00. 04. B and the local development permit expires for any reason, the development order on which the development was based may continue, but shall not be valid for more than three ( 3) years from the original date of issuance of the development order. F. When litigation is filed challenging a development, development order, or local development permit, all timeframes associated with such development, development order, or local development permit shall be tolled during litigation. 9. 00. 05 Fees Required A. The City may charge a fee for any application, local development permit, processing costs, or provision of requested information or documents in compliance with this chapter to cover the cost incurred by the City. The City shall establish a schedule of fees required by this LDC, hereafter referred to as the Fee Schedule. B. All required fees shall be paid at the time an application for development review is submitted. Multiple fees may be required for proposed development involving multiple applications. C. The City is authorized to enter into a contract with persons who have expertise necessary for the review of an application or a specific technical aspect of an application. The costs of such review shall be paid by the applicant; however, the City shall provide information regarding the basis of fees for such experts when requested by the applicant. 9. 00. 06 Improvement Agreements, Guarantees, and Sureties r Where a guarantee is required to ensure that construction of required infrastructure improvements for any development are provided by the applicant or that funds are provided to the City to pay for such infrastructure improvements, the following methods of guarantee t are permissible. E A. A surety bond may be provided, executed by a surety company authorized to do d business in the State of Florida and having a resident agent within the City. The bond shall be for a time period specified by the City Council, not to exceed one ( 1) year. The City Council may approve extension of the bond provided that the costs of construction are updated. The bond shall be enforceable by or payable to the City in an amount equal to 110 percent of the cost of constructing the infrastructure a improvements. The cost of constructing the infrastructure improvements shall be t documented by the applicant and approved by the City. The form, surety, and conditions shall be approved by the City Attorney. i B. A cashier' s check, cash, or certified check may be deposited with the City or placed