Fort Walton Beach Ordinance — 1861--Adoption of the 2012 Land Development Code — reading text

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. 9.00. 04 Commencement of Work and Expiration of Local Development Permits and 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 not been submitted. One ( 1) extension of up to one ( 1) year may be requested in writing prior to the expiration date and shall be granted. R. 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 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) 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. 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. Adminkfiatise Prucedurea Page9 - 4 I o, t ll'niton Reach Land Do, lonment Cod, 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. F. 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. 8 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 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 are permissible. A. A surety bond may be provided, executed by a surety company authorized to do 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 improvements. The cost of constructing the infrastructure improvements shall be documented by the applicant and approved by the City. The form, surety, and conditions shall be approved by the City Attorney. B. A cashier' s check, cash, or certified check may be deposited with the City or placed in escrow. The amount shall equal 110 percent of the cost of constructing the infrastructure improvements.The cost of constructing the infrastructure improvements shall be documented by the applicant and approved by the City. When adminko aflkc Prueedune. I' ui c 9 - 5 Fart o At.... Iteach the applicant satisfactorily completes a portion of the infrastructure improvements, the City may release a commensurate portion of the deposit, provided that the amount remaining on deposit is equal to 110 percent of the amount required to complete the remaining infrastructure improvements. 9.00.07 Certificate of Occupancy A certificate of occupancy is the only demonstration that the use or occupancy of land or buildings is in compliance with the requirements of this LDC and the provisions of an approved development order, development agreement, and / or local development permit. A certificate of occupancy shall be received by the applicant prior to the use or occupancy of Ind or buildings. This section shall not be construed to apply to the transfer of ownership or the change of occupants. 9. 00. 08 Certificate of Completion A certificate of completion is the only demonstration that the use or occupancy of land or buildings is in compliance with the requirements of this LDC and the provisions of the approved local development permit for renovations, additions, and alterations. A certificate of completion shall be received by the applicant prior to the use or occupancy of land or buildings. When a change of use occurs, a new certificate of occupancy and a new certificate of completion shall be required. 9. 00. 09 Temporary Certificate of Occupancy A temporary certificate of occupancy may be issued by the Building Official before the completion of the entire work covered by the local development permit, provided that such portion or portions shall be occupied safely. The Building Official shall, at the time of issuance, set a time period during which the temporary certificate of occupancy is valid. Failure to complete the project within the time allotted will result in suspension of occupancy until such time as the project is completed and ready for a certificate of occupancy. 9.00. 10 Zoning Determination A. A zoning determination is a finding of fact that an existing use complies with the requirements set forth in this LDC and the Future Land Use Map of the Comprehensive Plan. B. A zoning determination shall be limited to the use standards specified in the written determination and shall not be construed to extend to other matters regarding the use or development on the site when such matters are not specifically written in the zoning determination. C. The zoning determination shall include the condition that the use or development that is the subject of the determination may become nonconforming if this LDC is amended. D. The zoning determination shall expire one ( 1) year after issuance; however, where this LDC is amended within the one ( 1) year period, the zoning determination shall expire upon amendment of this LDC. Adminktratice I' naedurc, Page 9 - 6 Fcrf o' 01" n ncmh Land 1) cu 1", 11... I Cod, 9. 01. 00 PROCEDURES FOR REVIEW AND DECISION -MAKING 9.01. 01 Types of Applications Table 9. 01. 01 contains a list of the types of applications and identifies the entities responsible for reviewing and issuing decisions on applications. Site development plans are categorized as major developments or expedited developments, as follows: A. Major developments are proposed developments where building heights are proposed to exceed the height limits established on the Eglin AFB Tall Structures Analysis for the City of Fort Walton Beach map, proposed development subject to a development agreement, and proposed development in a PUD. B. Expedited developments include all site development plans other than those described in Section 9.01. 0l. A. Table 9. 01. 01. Types of Applications and Entities Responsible for Recommendation and Final Decision. Type of Application Staff, BOA LPA Council City Administrative Waivers ( See Chapter 8) D Amendment to the Comprehensive Plan R R D Amendment to this LDC R R D Appeal of