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Frequently Asked Questions

Planning & Development Concurrency And Impact Fees

If a Final Development Order is not issued, expires, or is surrendered, an applicant may request in writing and the County shall issue a refund of facility reservation fees if the appropriate following condition is met:

 

1. For water and sewer capacity fees, capacity shall be surrendered and a refund shall be made pursuant to the adopted rules of the utility service provider if all the conditions required by said rules have been met.

2. For all other concurrency public facilities, capacity shall be surrendered, and thereupon a refund shall be made by the County at the earlier of either of the following events occuring:

a. A determination has been made by the Public Works Director that such refund will not require or result in the elimination, deferral, or delay of a project which is needed to maintain adopted level of service standards and which is listed in the adopted Capital Improvements Element schedule of improvements; or,

b. another development pays like facility reservation fees for the concurrency public facilities associated with the development for which the facility reservation fees are requested to be refunded.  Like facility reservation fees shall be deemed to be those fees associated with and collected from development located in the same impact fee district.

Capacity reservations run with the land and, thus transfer to subsequent owners of the land and cannot be transferred to another property.

Click here to visit the Development Review web page. 

An applicant may apply for a general/non-binding facility capacity review without submitting an application for development approval. The processing fee ranges from $25.00 to $100.00. In addition, you can obtain a non-binding full Concurrency Review by paying the regular fee of $250.00 for small sites, or submitting a traffic study and $800.00 for large sites. However, you cannot request a Conditional Statement or Certificate of Concurrency in conjunction with this review.

Click here to visit the Development Review web page. 

Seminole County notifies each applicant in writing of the results of the concurrency review test when they are available.

Click here to visit the Development Review web page. 

For copies of forms and for additional information, please call (407) 665-7371 or visit the Planning & Development web site.

Click here to visit the Planning & Development web page. 

An Early Concurrency Option is available, and is shown on the Process Flow Charts.  It involves applying for full Concurrency Review and payment of all County road, water, and/or sewer fees at that upfront time, when the development application is approved.  The Review and Reservation fees are for whichever of the three (3) types of facilities the developer wishes to reserve on an early basis.

If the developer pays for and reserves capacity for all three (3) types of facilities, an unconditional Certificate of Concurrency is issued.  If only one (1) or two (2) facilities are reserved, a more limited certificate would be issued.

Click here to visit the Planning & Development web page. 
 

If a project has no impact on public facilities, you may request a determination from the Current Planning Manager that you are exempt from concurrency review.

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After receiving notification from the County that there is not sufficient capacity available to serve the project as proposed, an applicant has 120 days to exercise any of the following options:

1. Amend the application for development approval to be consistent with the amount of capacity that is available.

2. Provide an assurance for the construction of the necessary facility improvement

3. Negotiate a Development Agreement that places a condition upon future development phasing consistent with available capacity.

Click here to visit the Development Review web page. 

A "certificate of vesting" is a document issued by Seminole County which certifies that a specific property is vested from concurrency review subject to certain limitations regarding size and use. A property may be divested if it does not continue to develop within specified time frames.

Certain types of development have a statutory right to develop or continue to develop without undergoing concurrency review. If a development had a valid and unexpired Final Development Order which was issued prior to March 31, 1992, it may be vested so long as the following:

a. Within four (4) years of issuance of the Final Development Order which resulted in the development being vested, the preconstruction conference for the development must have occurred; provided, however, that if the developer diligently attempted to attain the completion of the preconstruction conference for the development, but was inhibited due to adverse general market conditions, the time frames will not apply during the recessionary cycle.

b. Within three (3) years of the completion of the preconstruction conference, the developer must be issued a Certificate of Completion for the completion of the development's infrastructure; provided, however, that if the developer attempted to attain the Certificate of Completion, but was inhibited due to adverse general market conditions, the time frames will not apply during the recessionary cycle

c. As to residential preliminary plats approved by April 1, 1992, the final plat for the development must have been submitted by April 1, 1993; provided, however, that the underlying Development Order which vested the project must not have expired.

d. Final Development Orders for non-residential or multi-family residential developments must have been issued after December 8, 1987, except that all commercial site plans and commercial plats which were approved by means of a Final Development Order that is valid and unexpired, and which have completed infrastructure in place prior to March 31, 1992, are also statutorily vested.

Please note that statutory vesting involves time limits to complete development, and vesting does not occur unless all material requirements, conditions, limitations, and regulations of the Development Order are complied with. To apply for a Certificate of Vesting, you must file the following application with the Planning and Development Division: Application for Concurrency Statutory Vesting Determination (Form CMS3) - $110

Even if you do not meet or become divested under the above criteria, you may still be vested under common law principals if you are denied a Certificate of Concurrency or the Certificate is issued with unfavorable conditions. In this case, the applicant must prove by a preponderance of evidence that the real property owner, acting in good faith upon some act or omission of the County, has made a substantial change in position or has incurred such extensive obligations and expenses that it would be inequitable and unjust to destroy the right to develop or continue the development of the real property. Please note that the assignment of a particular zoning classification or the assignment of a particular land use designation to a parcel of real property does not guarantee or vest any specific development rights. The application for a Common Law Vesting Determination is Form CMS4, and the associated fee is $590.00.

Click here to visit the Development Review web page. 

Once an applicant has received notice that they have been denied either a Certificate of Concurrency or a Certificate of Vesting, the applicant has 30 calendar days to file for an appeal.

Concurrency Appeal base application fee* =  $385

Vesting Appeal base application fee*          =  $335

Actual costs associated with the Hearing Officer and Court Recorder would be paid by the non-prevailing party.

Click here to visit the Development Review web page. 

Planning and Development Most Common Questions

The Seminole County Wetlands map is available for review at the Planning & Development  Division front desk. This map shows the approximate wetland boundaries and, as such, should be used as a guide and not as a definitive source. Ultimately, an on-site review by agency personnel ( St. Johns River Water Management District, Florida Department of Environmental Protection, or Seminole County) will be necessary to determine the actual wetland boundary on a given parcel of land. The County can conduct site visits only after a permit application has been submitted for review.

Click here to visit the Planning & Development web page. 
Click here for the Planning & Development  Wetlands Information page.
Click here to visit the Planning & Development Contacts web page. 
Click here to access the Seminole County Information Kiosk which has Wetlands map data.

The answer is likely yes if only wetland issues are involved. Current regulations direct State and local agencies to avoid wetland impacts when possible. When impacts are unavoidable, they must be minimized to the fullest extent practicable. In addition, State agencies will likely require compensatory mitigation for unavoidable impacts.

Click here to visit the Planning and Development web page. 
Click here for the Planning and Development wetlands Information page.
Click here to access the Seminole County Information Kiosk which has Wetlands map data.

An arbor permit is required for the removal of trees on commercial property. You can download the application or contact the Planning & Development for permitting information at 407-665-7371.

Click here to visit the Planning & Development web page. 

Yes, if the total excavation for the pond exceeds 100 cubic yards and /or the pond is located in a flood prone area or in the wetlands. If the pond is being excavated to provide fill for a building pad and a Seminole County building permit has been issued, a separate permit is not required. A letter from the applicant stating the volume to be excavated and where it will be placed on the property is required. The letter, with a copy of the site plan showing where the pond is located and where the fill will be placed shall be submitted to the Planning and Development Division concurrently with the building permit application. For more information contact Planning and Development Division at 407-665-7371.

Click here to visit the Planning and Development web page. 

Click here to find Planning and Development Contacts.
Click here to find Wetlands Contacts.

Click here to visit the Planning and Development web page. 

Click here to view a "Property Basics 101" brochure. ( PDF) [401KB]

First you must know the current zoning of your property, zoning determines the minimum lot size for your property. The Current Planning and Development Division can be reached at (407) 665-7371. Have your Property Identification Number (PIN) when you call. It will help them locate your property. This number is on your tax bill or tax receipt. If you do not have your PIN, call the Property Appraiser Office at (407) 665-7506 or check the Internet site at  WWW.SCPAFL.ORG

Ask if your property can qualify for a lot split. If you have a parcel of record as of July 28, 1970, you may be eligible for a one time lot split to make two (2) building lots.

All divisions of property must meet the zoning ordinance requirement for minimum lot size and lot width exclusive of land in the flood zone or wetlands. Flood Zone information can be obtained calling (407) 665-7335.

Further information about the division of property may required a pre-application meeting with Planning and Development Division. An application can be mailed, faxed, downloaded or picked up at the Planning and Development Division on the 2nd Fl West Wing, County Services Building, 1101 East First Street, Sanford, Fl.

To quality for a Minor Plat Process the following criteria must be met:

  1. The parcel abuts and each created lot will abut existing dedicated right of way that conforms to the County's standards for width.
  2. Each created lot shall have a minimum lot frontage of twenty (20) feet.
  3. The development would require no additional facility improvements to potable water, sewer, drainage facilities or roads.
  4. The parcel would be subdivided into no more than four (4) agricultural or residential lots or two (2) non-agricultural or non-residential lots.
  5. If septic tanks are to be used, each lot must conform to the standards set forth in Section 35.68 of the Seminole County Land Development Code.

Any parcel of land may receive the benefit of the minor plat process on only one occasion and a replat of the property shall not be processed under the provision of Section 35.182.

Other divisions of property must be done as subdivision plats. For specific information on platting call Planning and Development at (407) 665-7371.

Click here to visit the Planning and Development web page.
Click here for the Planning and Development Wetlands Information page.

The process you must follow to petition for vacate an easement depends on the type of easement to be vacated. There are three (3) types of easements that can be vacated, utility, drainage, right of way, or a combination. The type of easement will be noted on your survey and on the recorded plat of the subdivision. If you do not have a survey, but your lot is in a platted subdivision, check your legal description for the Map Book and Page number. This is where your plat is recorded is in the Official Public Records of Seminole County. A copy of your plat can be obtained from the Clerk's Office (407) 665-4409. Or you can call the Planning and Development office and they will be able to give you the information (407) 665-7371. If the easement is dedicated to your Homeowners Association, you must contact them to vacate the easement. If the easement is dedicated to Seminole County, you can download an application or call the Planning and Development Office to obtain an application to vacate the easement. They can be reached at (407) 665-7371. The procedure for the vacation takes two (2) to three (3) months to complete. Vacations of easements must be reviewed by staff and approved by the Board of County Commissioners. The resolution vacating the easement is recorded and a certified copy is email to the applicant.

Click here to visit the Planning and Development web page. 

Start with a pre-application meeting with our Planning and Development Division. They can be reached at (407) 665-7371. Meetings are held every first four (4) Wednesdays of the month at twenty (20) minutes intervals. An application can be mailed, faxed, downloaded or picked up at the Planning and Development Division on the 2nd Fl West Wing, County Services Building, 1101 East First Street, Sanford, Fl.

Click here to visit the Planning and Development web page.

Listed species are plant or animal species that are protected by Federal and/or State laws. These include Endangered, Threatened, and Species of Special Concern. Two (2) of the more common listed animal species found in Seminole County are the southern bald eagle (Haliaeetus Leucocephalus) and the gopher tortoise (Gopherus Polyphemus). When impacts to listed species are unavoidable, permits are required from the Florida Fish and Wildlife Conservation Commission prior to issuance of County permits.

Click here to visit the Planning and Development web page. 
Click here to find Planning and Development Contacts.
Click here to find Wetlands Contacts.

Only passive recreational uses are allowed in jurisdictional wetlands. These include trails and boardwalks. Other similar uses may be allowed but all require review and potential permitting by the County prior to implementation.

Click here to visit the Planning and Development web page. 
Click here for the Planning and Development Wetlands Information page.
Click here to access the Seminole County Information Kiosk which has Wetlands map data.

"Building a Dock" brochure ( PDF) [97KB]

Click here to visit the Planning and Development web page. 

Click here to visit the Planning and Development Wetlands Information web page. 

A fill permit is required when more than 100 cubic yards of fill dirt is imported to the site and/or fill is to be placed in flood prone areas or wetlands. If the fill is being imported as part of a Seminole County building permit, no additional permits are required. However, a letter stating how much fill and what it is to be used for, shall be submitted to the Planning and Development  Division along with a copy of the site plan showing where the fill is to be placed. For more information contact Planning and Development Division at 407-665-7371.

Click here to visit the Planning and Development web page. 

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