§ 34-131. Preliminary subdivision plan and supporting data.

(a)

General. The preliminary subdivision plan shall include the information listed in this section. Notes should be used whenever possible on the preliminary subdivision plan to explain, verify or identify additional information that is important to the understanding of the site and the plan of development. All property being subdivided shall have the appropriate zoning for the land uses being proposed. The preliminary subdivision plan shall be submitted on twenty-four-inch vertical by thirty-six-inch wide sheets.

(b)

Legend and supporting data. The legend and supporting data of the preliminary subdivision plan shall include:

(1)

Title and date of plan.

(2)

Name, address, telephone number, FAX and e-mail of the owner/developer (if other than owner), surveyor, engineer and other consultants.

(3)

Letter with notarized signature from property owner authorizing the application if owner is not applicant.

(4)

Scale of the plan (preferably one (1) inch equals one hundred (100) feet) and north arrow.

(5)

Location map showing the site in relation to existing roads, access points and developments.

(6)

Legal description and property appraiser's tax identification number of the tract to be subdivided and the approximate acreage.

(7)

All contiguous property under ownership or control of the applicant shall be shown, described or noted on the preliminary plan. In some instances, a conceptual master plan may be required where the size or character of the area would dictate a unified planning approach.

(8)

Boundary of the tract shown by a heavy line.

(9)

The existing zoning, the proposed minimum lot size and width, the proposed residential, commercial and industrial land use type and the residential density.

(10)

Names of all abutting subdivisions and location of adjoining platted lots and parcel lines within one hundred (100) feet (if unplatted, so state).

(11)

Existing utility transmission and drainage systems, easements and improvements including buildings located on the tract.

(12)

Adjacent zoning districts including zoning on opposite side of right-of-way.

(13)

All requests for variances shall be noted on plan with appropriate County Code reference and justification.

(14)

Number of lots.

(15)

Number of dwelling units and the projected school age population.

(16)

Lot lines, scaled dimensions and lot numbers.

(17)

Where more than one (1) setback applies to a lot, the greater setback distance shall apply.

a.

Illustrate all setbacks from streets and highways as indicated in chapter 38, article XV of the County Code.

b.

Indicate by the use of notes the applicable setbacks for the zoning district.

c.

Illustrate all setbacks on irregular shaped lots.

d.

Illustrate the fifty-foot building setback from the normal high water elevation of all surface water bodies. Where the normal high water elevation has not been established, the project engineer shall establish it to the satisfaction of the county engineer, prior to subdivision construction plan submission.

e.

Illustrate the one-hundred-fifty-foot septic tank setback from the normalhigh-water elevation (NHWE) for all surface water bodies and seventy-five-foot setback from the control elevation for all artificial water bodies.

(18)

Approximate phasing of the project, if applicable.

(19)

Location of all sites for multifamily, commercial, industrial, utility, institutional or recreational uses and other public and nonpublic uses exclusive of single-family residential lots.

(20)

Recreation facilities (to be owned and maintained by a mandatory homeowners association) with the following data:

a.

Identify the tract(s) proposed for recreation use.

b.

Type and location of all proposed recreational facilities.

c.

Setback from all property lines.

d.

Access and parking.

e.

Exterior lighting plan (if proposed).

f.

Landscape and buffer plan.

To provide flexibility regarding types of facilities to be provided, the following groups shall be established. Uses or their equivalents within a group can be interchangeable and would not require additional review:

Group A: Tennis courts, basketball courts, volleyball courts or other hard court uses.

Group B: Swimming pools, spas.

Group C: Picnic areas, trails, exercise courses, beaches.

Group D: Playfields, playgrounds, tot-lots.

If the recreation facilities are not shown on the preliminary subdivision plan, board of zoning adjustment (BZA) review of these facilities shall be required for conventionally zoned (not planned development) property.

(c)

(1)

Landscape plan. All preliminary subdivision plans submitted after October 1, 2010, shall include a landscape plan. The landscape plan design for any common or recreation areas lots within the subdivision, but not including stormwater management areas, shall:

a.

Contain no more than sixty (60) percent turf, as defined in section 24-2 of this Code, based upon the total square footage of landscaped and irrigated common areas, but not including qualified retention ponds and stormwater conveyance systems; provided however, that no more than sixty (60) percent of the landscaping on individual residential lots may be turf; and

b.

Conform to the submittal requirements set forth in chapter 24 of this Code.

(2)

In no case shall a landscape plan incorporate the use of prohibited invasive exotic plant species as described in F.S. (2009) § 581.091.

(3)

The landscape plan shall contain certification by the landscape architect or other qualified professional, whichever is appropriate, that the landscape is designed in compliance with this Code. The certification shall be stated directly on the preliminary subdivision plan and shall be submitted to the county as a component of the initial submittal of the preliminary subdivision plan. Furthermore, the landscape plan shall contain certification by the developer that the landscape plan will hereafter be maintained in compliance with this Code and that such maintenance obligations shall be included in the deed restrictions associated with the subdivision.

(4)

The following are exempt from the requirements of chapter 24 of this Code and from this section:

a.

Development applications involving one (1) single-family residence or a duplex residential project, on either a single lot or parcel; and

b.

Bona fide agricultural activities as defined in the Florida Right to Farm Act (F.S. (2009) § 823.14) provided that fertilizers are applied in accordance with the appropriate best management practices manual adopted by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy for the crop in question.

(5)

Nothing in this article shall be construed to prohibit or be enforced to prohibit any property owner from implementing county-approved low impact development techniques for stormwater management and capture or Florida friendly landscaping on his/her land.

(d)

Physical/environmental conditions. The following physical and environmental conditions shall be shown on the preliminary subdivision plan:

(1)

Existing contours at one-foot intervals based on field surveys or photogrammetric surveys using county datum for the tract to be subdivided. In order to properly assess the drainage impact that the proposed project will have on adjacent properties, the survey shall be extended a minimum of two hundred fifty (250) feet beyond the tract boundary onto adjacent parcels. (Extension across open roadways is not required.) If contours are based upon a field survey, it shall be certified by a land surveyor.

(2)

An approved conservation area determination with the identification of all conservation areas.

(3)

One-hundred-year flood elevation data for all developments within Zone A as indicated on the county flood insurance rate map, as amended, prepared by the federal emergency management agency. Where the 100-year flood elevation has not been established, the project engineer shall conduct the necessary drainage basin studies to establish the 100-year flood elevation to the satisfaction of the county engineer.

(4)

Indicate disposition of any existing structure on-site.

(e)

Required improvements. The following improvements shall be required and shall be indicated on the preliminary subdivision plans:

(1)

Streets:

a.

The following information shall be provided for existing streets:

1.

The name, location and right-of-way width of all existing streets, access points, rights-of-way and platted streets within five hundred (500) feet in each direction of the proposed entrance to the proposed subdivision;

2.

Right-of-way and setback requirements in chapter 38, article XV of the County Code.

b.

The following information shall be provided for proposed streets:

1.

The name or temporary designation and right-of-way width.

2.

A typical design cross section indicating pavement type, width, drainage features and sidewalks/bikeways. Separate cross sections for all entrance roads featuring medians.

3.

The projected average daily traffic (ADT) from the development based upon trip generation rates contained in the most recent edition of the Institute of Transportation Engineers (ITE) Manual, unless other standards are justified and approved.

4.

Proposed access improvements.

c.

Note explaining any proposed vacation of rights-of-way or easements.

(2)

Water and wastewater systems. The proposed method and source of water supply and wastewater disposal shall be shown. The developer shall show the points of connection to the existing systems and a schematic layout of the proposed system. If the source is other than Orange County, a letter shall be submitted from the appropriate utility company, confirming that service can be provided. If on-site sewage disposal systems are proposed, supporting calculations shall be provided according to subsection 34-207(2).

(3)

Stormwater management. A stormwater management plan will be provided with a schematic diagram of the proposed stormwater collection system, method of pollution control and stormwater retention/detention with preliminary calculations as to pond sizing. The direction of flow for all surface drainage and existing storm sewers on or abutting the tract shall be shown. Stormwater retention/detention areas shall be designated as "tracts."

(4)

Screen walls. Show location of all screen walls which comply with section 34-209. Maintenance responsibility shall be indicated, but in no case will it be the responsibility of the county.

(5)

Easements. Show the location, width, purpose and maintenance responsibilities for all proposed easements, facilities, or rights-of-way other than for streets.

(6)

Borrow operations. If it is anticipated that a borrow operation for export off-site will be undertaken as part of the project, it should be noted on the plans and preliminary grades and quantities shown. An excavation permit (pursuant to chapter 16, Orange County Code) will be required for material removed from the site.

(7)

Finish grade change. If it is anticipated that finished grades for lots at the perimeter of the property, excluding rights-of-way, will vary more than one (1) foot above or below existing grades, it shall be noted on the preliminary subdivision plan. If the subdivision construction plans result in exceeding these limits without being noted on the preliminary subdivision plan, it shall constitute a substantial change requiring a public hearing.

(8)

Recreation areas/parks. All recreation areas/parks shall be identified.

(f)

Individual on-site sewage disposal systems (OSDS). The applicant for any subdivision proposed for development utilizing an OSDS shall submit as part of the preliminary subdivision plan submittal the following soils information prepared by a geotechnical engineer registered to practice in the State of Florida:

(1)

At least one (1) boring, a minimum of seven (7) feet deep, for each four (4) lots for residential subdivisions or for each acre proposed for development. The county may require a greater number of soil borings than specified in the preceding sentence in the event that the on-site soils associations are classified as severe by the Soil Conservation Service of the U.S. Department of Agriculture. The county may permit a fewer number of borings where large parcel development is proposed. These borings shall be located throughout the project to provide an accurate characterization of soils and water table conditions.

(2)

The following information shall be provided for each boring location:

a.

Depth, extent and description of each soil type encountered, consistent with unified soils classification system, and relative density;

b.

Depth of water table measured from natural grade; and

c.

Determination of wet season elevation before development.

(3)

Sufficient soil samples shall be taken and tested to verify visual soil classifications.

(4)

A pre- and post-development groundwater contour map of estimated wet season water table shall be provided together with an indication of direction of flow, flow from off-site and influence upon downstream areas.

(5)

A report which summarizes results of investigations, evaluation of soil and groundwater condition for both pre- and post-development conditions, and a statement pertaining to suitability to support an OSDS and special requirements for use of an OSDS including, but not limited to, the following:

a.

Lot sizing in view of soil and water table conditions;

b.

Removal and replacement of marginal low permeability soil underlying the proposed absorption bed area;

c.

Delineation of the need to elevate proposed drainfield areas;

d.

Filling and grading requirements to accomplish a separation of two (2) feet between the bottom of the absorption bed to the estimated wet season water table.

(6)

On a site-specific basis, additional information may be required by the county to enable a complete evaluation of conditions.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 94-4, § 1(Exh. A), 2-8-94; Ord. No. 2000-14, § 1, 6-27-00; Ord. No. 2009-25 , § 7, 9-22-09)