§ 72-502. Development orders, development permits, approval authority, installation of improvements, public services and facilities agreements and appeals.

(a)

Purpose. The purpose of this section is to provide for the applicability, approval and issuance of development orders and development permits to ensure that all of the provisions of this article are complied with, to ensure the installation of required improvements, to provide for public services and facilities agreements and to provide an appeal process.

(b)

Applicability. No person shall undertake the development of land in the unincorporated area of Volusia County except pursuant to a valid development order [or development permit] issued under this article unless specifically exempted as provided by this article. All development shall meet the requirements of this article prior to the approval and issuance of any development order or development permit, unless specifically exempted from the requirements of this article by provisions set forth herein, or one or more such requirements are waived in accordance with provisions set forth herein.

(c)

Approving authority. Except as otherwise provided in subsection 72-504(4) of this article, the DRC shall approve, approve with conditions or deny the development order. The DRC on their own motion and for cause, may continue consideration of an application to a subsequent meeting.

(d)

Issuance of development orders and development permits. A preliminary development order, upon issuance, shall authorize continuation to the next step in a development review process. A final development order, upon issuance, shall authorize issuance of appropriate development permits. A development permit, upon issuance, shall authorize commencement of construction of the work covered by the scope of the permit. No development or construction shall commence unless a valid final development order or development permit(s) have been issued as provided by this article. All development or construction commenced pursuant to a valid development order or development permit shall be completed in a manner which is consistent with the approved development order or development permit.

(e)

Installation of improvements. All improvements required to be installed, constructed or provided by the developer as a condition to the approval of a development order shall be installed and completed or guaranteed as specified in subsection 72-656(a)(1) of this article.

(f)

Public services and facilities agreements. In order to further the purposes of this article regarding the provision of public services and facilities to a proposed development, the county council may enter into an agreement with the developer of the proposed development which will provide a means to:

(1)

Ensure the certainty of providing public services and facilities for the proposed project;

(2)

Ensure the provision of public services and facilities to other developments in the vicinity of the proposed development;

(3)

Allocate the costs of providing public services and facilities;

(4)

Allocate the capacities of the public services and facilities;

(5)

Determine the responsibilities for construction and maintenance of the public services and facilities.

(g)

Appeals. Any person claiming to be aggrieved by a decision of the enforcement official or the DRC may file a written appeal with the LDD within 30 days after the date said decision is rendered in writing in order to have the decision reviewed by the county council. The appeal shall state fully the specific grounds for the appeal and all of the facts relied upon by the petitioner. The county council may consider those items specified in the petition and any related new evidence. The county council may upon appeal reverse, affirm or modify any order of the DRC.

(Ord. No. 94-2, §§ 4—9, 4-7-94; Ord. No. 95-42, § I, 11-2-95; Ord. No. 96-32, §§ V, VI, 12-19-96; Ord. No. 2008-25, § III, 12-4-08)