§ 34-5. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning:

    Abutting property shall mean any property that is contiguous with the subject property or that is located immediately across any road or public right-of-way from the subject property.

    Agriculturally zoned shall mean property that has a zoning designation of either A-1 or A-2.

    Applicant shall mean any person who submits documents pursuant to this chapter.

    Building shall mean any structure designed or built for the support, enclosure, shelter or protection of persons, animals, or chattels of any kind. The word "building" includes the word "structure."

    Building envelope shall mean that area of a lot excluding the front, rear and side setbacks or other easements (e.g., major utility or conservation easements) which preclude development.

    Building setback line shall mean the measured distance from a property line beyond which a structure shall not extend.

    Conservation areas shall mean wetlands. Wetlands are areas which are identified by being inundated or saturated by surface or groundwater with a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. See chapter 15 of Orange County Code for conservation ordinance.

    Construction shall mean the introduction at the development site and use in a manner consistent with the development permits which have been issued by the county of more than inconsequential amounts of both labor and materials in the assembly and erection of the structures or infrastructures associated with the particular development.

    County engineer shall mean the director of the Orange County Public Works Department, or his authorized designee.

    Developable. shall mean the site meets the minimum tract sized requirement of the zoning district applicable to the tract less natural surface water bodies and conservation areas unless the zoning district is inconsistent with the applicable future land use map designation in the comprehensive policy plan, in which event the minimum tract size requirement shall be the smallest tract size allowed in any zoning district which is consistent with the future land use map designation.

    Developer shall mean any person engaged in developing or subdividing land.

    Development contractor shall mean any person who is engaged in construction or installation of land development improvements normally associated with the subdivision of land.

    Development review committee (DRC) shall mean a committee whose voting members shall consist of the director or manager, or their designee, of the following divisions or departments, as appropriate:

    (1)

    Public works.

    (2)

    Utilities.

    (3)

    Planning.

    (4)

    Zoning.

    The county chairman shall designate one (1) additional voting member from one (1) of the divisions or departments listed above to serve as chairman of the DRC.

    Dwelling unit (DU) shall mean a building, or portion thereof, designed or used exclusively for residential occupancy.

    Electronic data files shall mean graphic or text data generated in the process of computer aided subdivision plan and plat design which is stored on magnetic media in a stated exchange format.

    Engineer shall mean a person licensed by the State of Florida as a professional engineer pursuant to F.S. ch. 471.

    Fire flow shall mean the quantity of water available for fire fighting in a given area; it is calculated in addition to the normal water consumption in the area.

    Geodetic control shall mean geographic information system (GIS) monuments and coordinated certified corners, as defined in chapter 34, along with first order and second order National Geodetic Survey (NGS) horizontal control monuments and other monuments or corners whose coordinate values are known and contained with the Orange County Horizontal Control Book.

    Geographic information system (GIS) shall mean a data storage, analysis and management tool within a geographically referenced database. This database is a collection of information that is systematically organized and referenced to a geographic coordinate system.

    Geotechnical/soils engineer shall mean a State of Florida registered engineer who provides services related to terrain evaluation and site selection; subsurface exploration and sampling; determination of soil and rock properties; foundation engineering; settlement and seepage analysis; design of earth and earth retaining structures; as well as the design of subsurface drainage systems and the improvement of soil properties and foundation conditions.

    Improvements shall mean those facilities required by the board of county commissioners for subdivision development including, but not limited to: streets; sidewalks; sewer, water and drainage systems; landscaping; street name and regulatory signs and survey monumentation.

    Landlocked shall mean property that does not have frontage on a public right of way, does not have a recorded access easement across adjoining property to a public right of way, or does not have some other statutory or legally recognized right of access across adjoining property to a public right of way.

    Lot shall mean a portion of a subdivision or any other parcel of land intended as a unit for building development or for transfer of ownership or both.

    Person shall, for the purpose of this chapter, include an owner, agent of an owner, firm, association, partnership, trust, company, corporation, as well as an individual.

    Plat or replat shall mean a map, drawing or delineated representation of the division or subdivision of lands, being a complete and exact representation of the division or subdivision and other information in compliance with the requirements of all applicable provisions of any applicable ordinance and part I, chapter 177, Florida Statutes.

    Positive outfall shall mean a stormwater discharge into surface waters that under normal conditions would drain by gravity into one (1) of the major drainage basin systems in Orange County.

    Preliminary subdivision plan (PSP) shall mean a plan with supporting data for a proposed subdivision, developed for the purpose of establishing the general layout and provision of streets, lots, blocks, drainage and utilities.

    Residential density, for using individual on-site sewage disposal systems, shall mean the number of proposed residential dwelling units per acre of land determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel, excluding surface water bodies, as determined by the normal high water elevation, and conservation areas as defined in the county comprehensive policy plan.

    Roadway section:

    (1)

    Rural shall mean a paved street having an open drainage system, i.e., utilizing swales rather than curbs and gutters for drainage.

    (2)

    Urban shall mean a paved street having a closed drainage system, i.e., utilizing curbs and gutters rather than swales for drainage.

    Subdivision shall mean any division of land as defined in chapter 30, article III of the Orange County Code (pertaining to land development and use).

    Subdivision construction plans shall mean certified engineering drawings and supporting data for the construction of all subdivision improvements in substantial compliance with the approved preliminary subdivision plan. Submission of phased subdivision construction plans for a portion of the preliminary subdivision plan is permitted as long as the phase is self-supporting.

    Surface water body shall mean a natural or manmade depression which, under normal climatological conditions, contains water throughout the year. This shall not include engineered retention/detention ponds designed pursuant to the land development code which are not intended to be treated as an amenity for the development.

    Surveyor or land surveyor shall mean a person licensed by the State of Florida as a professional surveyor and mapper pursuant to F.S. ch. 472.

    Survey monuments shall be classified as follows:

    (1)

    Permanent control point (PCP) shall mean a permanent control point and shall be considered a reference monument.

    a.

    A PCP set in an impervious surfaces shall:

    1.

    Be composed of a metal marker with a point of reference.

    2.

    Have a metal cap or disk bearing either the Florida registration number or the professional surveyor and mapper in responsible charge of the certificate of authorization number of the legal entity, which number shall be preceded by Licensed Surveyor (LS) or Licensed Business (LB) as applicable and the letters PCP.

    b.

    A PCP set in a pervious surfaces shall:

    1.

    Consist of a metal rod having a minimum length of eighteen (18) inches and a minimum cross-section area of material of two-tenths (0.2) square inches encased in concrete. The concrete shall have a minimum cross-section area of twelve point twenty-five (12.25) square inches and be a minimum of twenty-four (24) inches long.

    2.

    Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters PCP.

    c.

    A PCP shall be detectable with conventional instruments for locating ferrous or magnetic objects.

    (2)

    Permanent reference monument (PRM) shall mean a permanent reference monument which shall:

    a.

    Consist of a metal rod having a minimum length of eighteen (18) inches and a minimum cross-section area of material of two-tenths (0.2) square inches encased in concrete. The concrete shall have a minimum cross-section area of twelve point twenty-five (12.25) square inches and be a minimum of twenty-four (24) inches long.

    b.

    Be identified with a durable marker or cap with the point of reference marked thereon bearing either the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity, which number shall be preceded by LS or LB as applicable and the letters PRM.

    c.

    Be detectable with conventional instruments for locating ferrous or magnetic objects.

    If the PRM is located in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable.

    (3)

    GIS monument shall mean an existing monument that is twelve (12) inches in diameter and eighteen (18) inches deep of poured-in-place concrete which has an underground pipe two (2) inches in diameter by thirty-six (36) inches in length and on top a countersunk brass disc with an identifying name and number and labeled "Orange County Geodetic Information System," whose coordinate values are known and contained within the Orange County Horizontal Control Book.

    (4)

    Coordinated certified corner shall mean an existing section or quarter section corner, which has been certified and/or validated pursuant to F.S. § 177.507, and filed with the Florida Department of Environmental Protection or successor agency, whose coordinate values are known and contained within the Orange County Horizontal Control Book.

    Traveled way shall mean the paved portion of the roadway, excluding the shoulders.

    Wastewater system:

    (1)

    Sewerage system, central, shall include pipe, pumps, tanks, treatment plants and all other appurtenances which serve any residential, commercial, industrial, institutional or other use.

    (2)

    Individual on-site sewage disposal system (OSDS), also referred to as septic tank system, shall mean any domestic sewage treatment and disposal facility, including standard subsurface or mounded drainfield systems, graywater systems, laundry wastewater systems, pretreatment tanks, grease traps, grinder pumps, and sump pumps, alternative systems or experimental systems, installed or proposed to be installed beyond the building on land of the owner or on other land to which the owner or owners have the legal right to install a system.

    Water system:

    (1)

    Central shall mean and include the water source, pumps, treatment plants, distribution pipes, transmission main and other appurtenances which serve two (2) or more lots or which serve any residential, commercial, industrial, institutional or other use.

    (2)

    Individual shall mean a well or any other treatment device approved by the county health department in accordance with the regulations of the state and serving only one (1) lot.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 94-4, § 1(Exh. A), 2-8-94; Ord. No. 96-2, § 2, 1-9-96; Ord. No. 2000-14, § 1, 6-27-00; Ord. No. 2009-05 , § 3, 2-24-09)