§ 38-1760. Designation of public school sites.

The designation of public school sites meeting the standards contained in sections 38-1751 through 38-1757 shall be processed in accordance with those sections contained in chapter 34, subdivision regulations, pertaining to public school sites. The following conditions shall be met prior to acceptance by the school board, unless otherwise waived by the school board:

(a)

The school site shall be zoned to allow school use;

(b)

The school site shall have sufficient access via public records at least six (6) months prior to its scheduled opening that allows for full access and have legal access for due diligence and construction vehicles at least twenty-four (24) months prior to its scheduled opening;

(c)

No later than twenty-four (24) months prior to the school site's scheduled opening, all existing easements and utilities contained therein shall be vacated and moved to a location that does not impact the school site unless otherwise approved by the school board;

(d)

The developer shall mitigate all impacts to FEMA flood zones, associated wetland area impacts, gopher tortoises and other endangered species as required to allow use of the proposed site for school purposes, including necessary submittals of the LOMR and LOMR-F;

(e)

All utilities (water, with sufficient fire flow for the school site, wastewater, reclaimed water, and electric) at the school site shall be stubbed out at the property line no later than one (1) year prior to the scheduled opening of the school;

(f)

The school site shall contain sufficient acreage in accordance with this school siting ordinance, as determined by the school board;

(g)

Not less than ninety (90) days prior to preliminary subdivision approval, the developer must submit to the school board, at the owner/applicant's expense, the following documents:

(1)

Commitment for an owner's policy of title insurance confirming that the owner/applicant has record fee simple title to the land being conveyed, subject only to the permitted exceptions which relate to such lands (an owner's policy of title insurance shall be issued to the school board within ninety {90} days of conveyance);

(2)

A certificate of non-foreign status from the owner/applicant confirming that the owner/applicant is not a foreign person or entity for purpose of U.S. income taxation in compliance with section 1445 of the Internal Revenue Code;

(3)

A sworn affidavit from the owner/applicant confirming that there are no liens, encumbrances, agreements, deed restrictions or other matters affecting title to such lands that would prevent the utilization of the same for the intended purposes;

(4)

Partial releases, satisfactions or other instructions necessary to release or remove any outstanding mortgages, liens, encumbrances or other matters that would prevent the utilization of the same for the intended purposes;

(5)

A current Phase I environmental audit (no earlier than six {6} months prior to the conveyance) acceptable to the school board that encompasses the lands being conveyed;

(6)

No later than ninety (90) days prior to conveyance, boundary surveys and legal descriptions showing direct access to at least one dedicated public-right-of-way; and

(7)

Disclosure of interests in real estate (F.S. § 286.23).

(Ord. No. 96-31, § 2, 10-8-96; Ord. No. 2017-06 , § 1, 4-25-17)