§ 4-3.5-92. Conditions.

As a condition of the passage of this article, the CDD expressly agrees to and is bound as follows:

(a)

Nothing within this article shall be construed to limit the authority and ability of the board of county commissioners to create special community development districts, including within the area of the CDD.

(b)

As recited in F.S. section 190.002(3), the establishment of the CDD is not a development order and that as to the development of property within the CDD, as to Charlotte County, "all applicable planning and permitting laws, rules, regulations and policies control the development of the land to be serviced by the CDD." The CDD agrees that adoption of this article does not affect or diminish the authority of the county with regard to the approval of development activities, including but not limited to the stormwater management system and site plan approval as respective phases of the Heritage Lake Park project are submitted for review.

(c)

The CDD shall not implement a mosquito control or solid waste collection program.

(d)

The CDD will not request a franchise to operate a water and sewer system, nor shall it attempt to start in any other fashion its own utility within the CDD. The CDD further agrees that completed water and sewer lines within the CDD shall be conveyed to Charlotte County Utilities along with easements for maintenance thereof, in accordance with requirements of Charlotte County in force and effect and as amended thereafter by Charlotte County.

(e)

All infrastructure and other improvements within the CDD, including but not limited to roads, utility lines, and drainage features, as well as residential buildings and other structures, will comply with all applicable codes or regulations of the county in force and effect and as amended thereafter by Charlotte County.

(Ord. No. 2004-063, § 2, 10-5-04)