NET BUILDABLE ACRES VESTED RIGHTS PROCESS

On April 26, 2022, the Board of County Commissioners of Seminole County (BCC) adopted an Ordinance amending the Comprehensive Plan of Seminole County, Florida, which amended the definitions of Net Buildable Acres in the Introductory Element and an Ordinance amending Section 2.3, Definitions, of the Land Development Code to provide a revised definition of Net Buildable Acres.

Net Buildable Acres is now defined as:

1. Within the area described as the “Urban Core,” defined as the lands bounded by I4 on the west, and within a ¼ mile boundary of U.S. 17/92 on the east, and all land within a ¼ mile of SR 436, that any parcel crossed by this boundary is considered wholly within the "Urban Core," the total number of acres within the boundary of a development, excluding natural lakes and wetlands or flood prone areas.

2. Within all other areas of Seminole County, the total number of acres within the boundary of a development, excluding areas devoted to road rights of way, transmission power line easements, natural lakes and wetlands or flood prone areas.

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The BCC also adopted a policy that any unexpired development application submitted prior to June 15, 2022 or any applicant with an executed contract to purchase a property signed prior to June 15, 2022 which application or contract utilizes or relies upon the prior definition of Net Buildable Acres when calculating project density, the County may enter into a written vested rights agreement with the owner of property in the unincorporated area of the County to provide that the owner’s property shall be subject to the prior definition of Net Buildable Acres when calculating project density.

The vested rights certificate shall allow a twelve (12) month period for the project to obtain Final Development Order or Preliminary Subdivision Plan utilizing the prior definition of Net Buildable Acres. The process and considerations for determination of those circumstances under which County will enter into such vested rights agreement are set forth in the Seminole County Administrative Code Section 30.34.

The fee simple owner of property or its designated agent may submit an application to the Development Services Department Director for a Vesting Certificate. The application fee $500.00 and must accompany the submittal of an application.

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IMPORTANT DATES

Date

Significance

April 26, 2022

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Adoption date of Net Buildable Acres Comprehensive Plan Amendments Ordinance

June 15, 2022

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New definition of Net Buildable Acres goes into effect

June 24, 2022

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Suggested date to have Vesting Certificate Application filed.

July 8, 2022

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Deadline to file Vesting Certificate Application.

July 15, 2022

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A Vesting Certificate must be effective

August 15, 2022

-

Last day to file an appeal to the BCC of denial of Vesting Certificate if denial was issued

by the Development Services Department Director on July 15, 2022

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