§ 23-217. Site development permit.  


Effective on Wednesday, September 19, 2018
  • Sec. 23-217.1 Applicability. A site development permit is required prior to any site clearing or grading and is required prior to the commencement of construction of any site improvements, including public or private infrastructure, such as roadways and utilities. A site development permit is required also prior to the application for any building permits for structures proposed on the site. Site clearing and grading not related to imminent development of a parcel of land may be granted a land alteration permit pursuant to section 23-215 in lieu of a site development permit.

    Sec. 217.2 Eligibility. Application for a site development permit will be accepted by the administrative official only following approval of a preliminary plan of the development as a preliminary subdivision plat, preliminary Planned Development Project plan, or preliminary site plan, as applicable under the requirements of this ordinance.

    Sec. 217.3 Application package. Contents of a complete application package for a site development permit are set forth below. The number of copies of application forms and plans, deadlines, and required supplementary information are set forth in a procedures manual maintained by the administrative official. All items listed shall be required prior to the processing of an application except as noted below.

    a. Completed application on forms provided by the administrative official.

    b. Itemized estimate of site development construction costs. An itemized estimate of site development construction costs, excluding the cost of buildings must be submitted for review for determining the site development permit fee. All estimates shall be prepared and signed by a registered professional engineer and verified by the building official.

    1. A preliminary estimate verified by the building official shall be submitted with any application for site development permit.

    2. No later than ten (10) days prior to the pre-construction meeting, a final estimate shall be submitted for determining the final site development permit fee.

    c. Construction time line showing any phasing of improvements.

    d. Application, review, and inspection fee. A fee as set forth in section 23-242 for review and inspections. Site development permit applications submitted prior to June 1, 2009 shall be considered dormant if the site development permit is not issued by June 1, 2010 unless an application fee is paid per the fee schedule in effect at that time.

    e. Site development construction plans prepared by a registered professional engineer. Plans shall correspond to the preliminary plan or for the development as approved by the city and shall reflect any applicable conditions of the city's approval. Plans shall include any off-site improvements required as a condition of approval or agreed to by the applicant. Construction plans shall include detailed engineering drawings for the following, as applicable:

    1. Water system. Water system plans shall be prepared in accordance with section 21-4 and utility standards promulgated by the director of public works.

    2. Sanitary sewer system. Sanitary sewer system plans shall be prepared in accordance with section 21-4 and utility standards promulgated by the director of public works.

    3. Reclaimed water system. If a reclaimed water system is proposed or required under section 21-124 of this Code, reclaimed water system plans shall be prepared in accordance with the requirements of section 21-128 and utility standards promulgated by the director of public works.

    4. Storm water drainage facilities.

    5. Public street improvements/details.

    6. Sidewalks, bicycle paths, and pedestrian trails.

    7. Grading plans. Grading plans shall indicate existing topography and illustrate all proposed changes.

    8. Topography. Contour intervals of one (1) foot, except where determined to be unreasonable by the city engineer, and flood zone boundaries. All elevations shall be referenced to United States Geological Survey datum.

    9. Soil classification.

    10. Lot grading plan. Detailed grading plans, including pad elevations and spot elevation of lot corner and midpoint of side lot lines.

    11. Erosion control plan.

    12. Paving and pavement markings for paved areas including roadways and parking areas.

    13. Landscaping plans with plant locations, specifications and irrigation system notations (meter size and number of zones); Unless waived by the administrative official, a tree survey by a professional forester or arborist providing the following:

    Map and data base indicating the location, type, caliper, and condition of all trees on site meeting the definition of a tree in section 23-214,

    An analysis in a format provided by the administrative official indicating all trees to be retained or removed,

    The number of trees required to meet the replacement requirements of section 23-302, and

    A plan to protect retained trees during construction (see section 23-302.3).

    14. Site lighting plan, showing locations and photometrics.

    Plans for any structures requiring building permits, exclusive of buildings, such as free-standing signs, fences and walls, and dumpster pads and enclosures.

    f. Utility agreements. Draft utility agreements (if applicable) in formats provided by the administrative official:

    1. Utility Agreement (if required by utilities director): setting forth requirements and responsibilities of the applicant and the city in regard to infrastructure, both on-site and off-site. The agreement shall specify agreements, if applicable, for any impact fee credits or pioneering payments to be made to the applicant for improvements to be used by other developments.

    2. Utility Capacity Agreement (required for residential developments per section 23-731.2.f.): establishing reservations of capacity in the wastewater and potable water systems and setting forth a schedule for development and payment of utility impact fees as required in section 23-731

    g. Permits from other agencies as applicable. If such permits have not been issued at the time of application for a site development permit, copies of all required permits should be submitted prior to the issuance of the site development permit. Required permits may include:

    Southwest Florida Water Management District (SWFWMD) permit;

    National Pollution Discharge Elimination Permit (NPDES);

    Department of Environmental Protection (DEP) sewer construction permit;

    Department of Transportation (FDOT) access permit, if applicable,

    Polk County Health Department water construction permit.

    (Ord. No. 2007-14, § 1, 6-5-07; Ord. No. 2008-45, § 1, 12-16-08; Ord. No. 2009-15, §§ 1—4, 6-2-09; Ord. No. 2018-07, § 1, 09-19-18)

    Sec. 217.4 Review and permitting. Review of the application package shall be conducted by the development review committee and coordinated by the administrative official.

    a. The administrative official shall review the application for completeness within ten (10) business days of receipt. An incomplete application will be accepted for commencement of review provided the applicant submits a list of items to be provided at a later date and that ½ the permit fee is paid per Table 242. Applications not meeting these minimum requirements shall be rejected and the applicant shall be notified. In no case shall a site development permit be issued prior to the review of all required information.

    b. After initial review for completeness, the application package will be forwarded to the development review committee members for detailed review against the preliminary plans as approved by the city. The review shall verify compliance with detailed city standards and specifications for construction of facilities, erosion control, tree protection, currently accepted engineering practices, provisions of all city codes, and requirements of permits from other agencies. At the end of a 30-day review period, comments will be summarized and sent to the applicant. Submission of additional information or revised plans shall trigger an additional 30-day review period.

    c. A preconstruction conference is required unless specifically waived by the administrative official. Following the conference and upon a finding that the plans meet all applicable requirements, including concurrency requirements of Article VII of this chapter, the administrative official shall issue a site development permit, provided the review fee has been paid.

    (Ord. No. 2007-14, § 1, 6-5-07)

    Sec. 217.5 Construction of site improvements. Prior to the issuance of a construction permit for site improvements, a preconstruction conference with city staff is required. Upon issuance of a site development construction permit, construction of on-site and off-site improvements may commence, subject to any conditions of the permit. Inspections by the city shall be required to verify construction in compliance with the approved plans and city standards.

    a. Final plan. Prior to final approval of site improvements by the city, the development review committee may require a final site plan or final planned development project plan for residential developments other than subdivisions pursuant to section 23-222 or 23-224, as applicable.

    b. As-built drawings. For all improvements to be dedicated to the City of Lake Wales, one (1) set of as built drawings shall be submitted along with itemized documents showing construction costs of improvements to be dedicated. All cost documents shall be signed and sealed where appropriate. This requirement shall also apply to all off-site improvements constructed by the developer on behalf of the city in accordance with the terms of an approved development agreement for which impact fee or other credits are to be granted to the applicant. Dedication of public facilities must be accepted by resolution of the city commission in accordance with section 23-226

    c. Building permits.

    1. Residential subdivisions.

    Site improvements must be completed, inspected and approved by the city in accordance with conditions of the site development permit and phasing plan, if applicable, a minimum of two (2) weeks prior to the city commission meeting at which the final plat is scheduled for review.

    No building permit shall be issued for units within a single-family residential subdivision prior to final plat recording except that permits for model houses, consistent with provisions of the procedures manual maintained by the administrative official and provided that there is adequate roadway access and water supply to the site. For the purposes of this section, "single-family" shall not include attached units such as townhouses, provided that the builder agrees that no certificate of occupancy for a unit is issued until the plat is recorded.

    Building permits for structures (such as walls) and common buildings may be issued prior to the completion of site improvements.

    2. Other developments.

    Site improvements must be completed, inspected, and approved by the city prior to the issuance of a certificate of use pursuant to section 23-213.

    Building permits for construction of buildings in non-residential and residential developments that are not subdivisions may be issued prior to the completion of site improvements only if consistent with a phasing plan approved by the development review committee.

(Ord. No. 2006-24, § 2, 6-6-2006; Ord. No. 2007-02, § 1, 3-6-07; Ord. No. 2014-08, § 1, 09-03-14)