The subdivision of land for development marks the initial phase in the community planning process. Subdivision is the division of land into three or more lots, parcels, tracts, or other divisions, and encompasses the establishment of new streets, alleys, additions, and resubdivisions.
Any newly proposed subdivision must apply for and receive approval for both preliminary and final plat, with the lots being conveyed only after the plat is recorded with the Clerk of the Circuit Court. If the construction of infrastructure is required for the subdivision, it must undergo Site Plan Review and can either be bonded or built. Any proposed plat with infrastructure to be bonded must enter a Construction and Maintenance Agreement with the County.
Revisions to Subdivision Regulations Phase 1
The County's platting process and regulations were originally established in Chapter 3-5: Planning and Development, Article III: Plats in 1986, and the subdivision regulations were set forth in Chapter 3-7: Subdivision Regulations, adopted by the Board of County Commissioners (BCC) on October 6, 1992. Since then, only a few amendments have been made, leaving the regulations outdated, as of July 23, 2024. In response, the BCC directed staff to propose updates and changes to modernize these regulations, aiming to:
- Streamline the platting process by eliminating the need for public hearings.
- Align the code with the current Florida Statutes.
- Comply with Senate Bill 812 (SB 812), approved by the Governor on May 29, 2024.
- Remove outdated regulations and requirements.
Staff had been actively discussing the proposed revisions to the subdivision regulations since February 2024. They consulted with staff from Lee, Collier, and Sarasota counties to review their platting processes and the requirements of SB 812. Additionally, staff conducted four roundtable discussions with stakeholders, who were overwhelmingly supportive of the proposed changes.
To meet the requirements of SB 812, Section 177.073(2)(a), Florida Statutes, a program must be created to expedite the process of issuing building permits for residential subdivisions or planned communities before a final plat is recorded by October 1, 2024. Therefore, staff prioritized fulfilling this legislative requirement in the first phase of the revisions to Charlotte County’s subdivision regulations.
Platting Processes
Supplemental Documents
How do I apply?
Please submit your application and supporting materials to Jenny Shao, planner, at Jenny.Shao@CharlotteCountyFL.gov. Please note, we are diligently working on incorporating platting applications into Accela Citizen Access Portal to digitize the process.
How long does the process take?
Preliminary Plats:
i. Once your application has been received, staff will review the application for sufficiency, which can take 5 to 10 days. If the application is sufficient for review, staff will forward your application to the appropriate agencies and departments for review within 7 days. Reviewing agencies and departments have up to 45 days to forward their written documents and recommendations. Any response to comments should be submitted within 30 days of receipt of review comments.
ii. Within 120 days after an application has been deemed sufficient for agency review, staff will issue a decision in writing to deny, approve, or approve with conditions the preliminary plat application.
Final Plats:
i. The intake sufficiency review process follows the preliminary plat. If any changes have been made to the plat since preliminary approval, the plat may be subject to further staff review.
ii. If bonding infrastructure, the EOPC will be reviewed by the Public Works Department. Once approved, the approved EOPC, the construction and maintenance agreement and draft bond will be reviewed by staff and the County Attorney's Office.
How many building permits can be issued after preliminary plat approval?
If approved, a preliminary plat shall allow the applicant to apply for a Residential Site Development Permit, for residential building permits not to exceed 50 percent of the residential subdivision or planned community, provided the conditions as listed in Sec. 3-7-23. – Basic Application Process, generally (3) are met.
I have an approved preliminary plat from before the changes to the subdivision regulations took place. What can I do now?
Any applications received prior to October 1, 2024, may follow the provisions in place at the time of application or may withdraw the application and reapply under the current regulations.
What is a site development permit?
A residential site development permit is a type of permit that a developer may apply for, concurrently with the preliminary plat application, to request that a percentage of building permits or planned homes be issued for a residential or mixed-use subdivision, or planned community. You may apply using Accela once the permit becomes available.