§ 30-83. Plats; vertical construction prior to plat approval; vacation.

(a)

A plat shall be approved and recorded in the manner provided in sections 34-48 and 34-133, and, to the extent that it is not inconsistent with sections 34-48 and 34-133, part I, chapter 177, Florida Statutes.

(b)

With the exception of developments and model homes authorized by subsections 30-83(c) and (d), respectively, vertical construction shall not be permitted to commence at a development requiring a plat unless and until the plat has been approved and recorded. However, for single-family development, where it is expected or determined that the plat for a particular development cannot be approved and recorded through no fault of the developer's before vertical construction is ready to commence, the development review committee may approve vertical construction in advance of platting pursuant to terms and conditions that are acceptable to the DRC, provided that in no event may a temporary or permanent certificate of occupancy be issued for such vertical construction before the plat is approved and recorded.

(c)

For developments having an expected construction duration of six months or more and consisting of commercial, industrial, hotel, office, or multi-family uses, or other non-single family developments which, when platted, will contain three lots or less, the DRC may approve a request to allow vertical construction in advance of plat approval, provided all of the following conditions are met:

(1)

The PSP, or DP, as applicable, for such project has received final approval;

(2)

A plat has been submitted for review and approval pursuant to the applicable PSP or DP and has been deemed sufficient for initial review by the County; and

(3)

The project landowner has executed and delivered to the county, and the county has approved, an indemnification and hold harmless agreement, in form and substance acceptable to the county, acknowledging:

a.

The issuance of building permits prior to recordation of the plat;

b.

The continuing obligation of the owner to record the project plat;

c.

The owner's understanding that under no circumstances will the county issue a temporary or permanent certificate of occupancy until the plat is approved and recorded; and

d.

The owner's indemnification of the county from any damages, costs, or claims arising from the issuance of building permits prior to approval and recordation of the plat.

(d)

Model homes may be permitted on not more than twenty (20) percent of the lots in a single family residential development with an approved preliminary subdivision plan, or phase thereof, but in no event may the number of model homes exceed five (5) per phase. The model homes shall be situated on contiguous lots or clustered within a readily identified area. Not more than one (1) model home may be used as a sales office/center, subject to the requirements of subsection 38-79(5).

(1)

An applicant/developer requesting a model home permit shall submit a complete and sufficient model home application, with the applicable application fee, to the zoning division manager, and include the following documents:

a.

Three (3) copies of the site plan for the lot proposed for the model home, depicting the proposed structure, footprint, setbacks, and proposed easements for the model home being requested;

b.

Three (3) copies of the subdivision plan (or plat) indicating where the model home(s) will be located; and

c.

An executed notarized statement by the applicant/developer showing that it understands, agrees to, and shall comply with all applicable permitting restrictions, requirements and conditions, including those set forth in this section 30-83.

(2)

The following permitting restrictions, requirements, and conditions shall apply for a model home permit:

a.

The applicant/developer shall utilize a preliminary final plat with street names approved by the zoning division for issuance of a permanent street address (fee required);

b.

Permitting is at the risk and expense of the applicant/developer, including if any changes are made with respect to the final recorded plat;

c.

No certificate of occupancy shall be issued until an amended building permit (additional fee required) for a final permanent address is issued;

d.

All construction is at the applicant/developer's own risk and expense;

e.

Curb and stabilized road base shall have been installed to the satisfaction of the public works department;

f.

Drainage infrastructure shall have been completed for the development to the satisfaction of the public works department;

g.

a fully functional, readily accessible, county-approved fire hydrant shall be in place within five hundred (500) feet of the lot line of the proposed model home;

h.

The water system serving the proposed model home shall have been partially or fully cleared for service by the Florida Department of Environmental Protection;

i.

A risk affidavit and indemnification and hold harmless agreement satisfactory to the risk management division shall have been executed and provided;

j.

Temporary or permanent street signs and a street address number for each proposed model home shall be in place to facilitate emergency response, as determined by the Orange County Fire Marshal; and

k.

Applicant shall have complied with any and all other Orange County Code provisions, including zoning regulations.

(3)

A certificate of occupancy shall not be issued for a model home until a certificate of completion for infrastructure has been issued for the subdivision, or phase thereof. However, a temporary certificate of occupancy (TCO) may be issued by the division of building safety prior to issuance of a certification of completion, provided the following restrictions, requirements, and conditions are met:

a.

The public works department shall have verified completion of installation of an asphalt surface from the nearest public right-of-way to the lot line of the model home(s);

b.

The public works department shall have verified completion of installation of the drainage infrastructure and its functionality, and all inspections shall have been satisfactorily completed;

c.

All required traffic control signs and devices shall be in place from the nearest public road right-of-way to the lot line of the model home(s), as determined by the public works department;

d.

All permits issued by the division of building safety for the model home(s) have received approved final inspections;

e.

A permanent, fully functional public restroom is located in an easily accessible place within the model home(s);

f.

Sufficient and clear access for emergency vehicles shall be available, as determined by the Orange County Fire Marshal;

g.

the wastewater system serving the model home(s) shall have been partially or fully cleared for service by the Florida Department of Environmental Protection; and

h.

The applicant shall have complied with any and all other applicable Orange County Code provisions, including platting.

A TCO shall be effective for a period not to exceed ninety (90) days. An extension of no more than thirty (30) days may be granted upon good cause shown and acceptable to the county.

An appeal of a determination related to a model home application or permit shall be filed in writing within fourteen (14) days of the determination, accompanied by the applicable appeal fee. The appeal shall be heard by the development review committee.

(e)

The board of county commissioners may order the vacation and reversion to acreage of all or any part of a plat or subdivision in the manner and subject to the restrictions provided by law; provided that no reversion can occur where the subdivision street and drainage improvements have been completed.

(Code 1965, § 32-35; Laws of Fla. ch. 65-2015, § 5; Laws of Fla. ch. 83-480, § 1; Ord. No. 2009-05 , § 1, 2-24-09; Ord. No. 2016-11 , § 1, 5-24-16)

Editor's note

Ord. No. 2016-11 , § 1, adopted May 24, 2016, amended § 30-83 and in so doing changed the title of said section from "Plats; approval; vacation" to "Plats; vertical construction prior to plat approval; vacation," as set out herein.