§ 34-133. Platting requirements.

(a)

Prerequisite. The county engineer shall not approve a residential subdivision plat until construction plans and related documents are approved.

(b)

General. The plat shall meet all the requirements of F.S. ch. 177, pt. I, and shall be certified by a land surveyor registered in the State of Florida. In addition, the plat shall be drawn with permanent black drawing ink on linen tracing cloth, or equally durable material, using sheets twenty-four (24) inches by thirty (30) inches. Each sheet shall have a marginal line completely around the sheet placed to leave a three-inch binding margin on the left and a one-inch margin on the other three (3) sides. If a government survey corner is used to conduct the surveys for the plat, a copy of the corner record shall be resubmitted along with the plat for approval. All plats to be recorded shall contain the required plat certificates. Prior to filing an affidavit confirming an error or correction on a recorded plat, the surveyor who was responsible for the survey and the preparation of the plat shall first submit the affidavit along with a copy of the recorded plat to the county engineer for approval. Such affidavit shall meet the requirements of F.S. § 177.141.

The plat boundary shall be field tied to the nearest government land office section line whose section corners are shown and described on the plat. Additionally, the plat boundary shall be tied to geodetic control (providing, however, that geodetic control exists within one (1) mile, as measured along an existing open public right-of-way, of the plat boundary). Two (2) coordinated certified corners could be used to meet both these sectional and geodetic control requirements. One (1) of the four (4) methods outlined below shall be used to tie the plat boundary to geodetic control:

(1)

Self-closing (looped) traverse(s) shall be conducted between two (2) geodetic control points and the plat boundary with a minimum precision of no less than one (1) part in twelve thousand (12,000) before adjustment.

(2)

Self-closing (looped) traverse(s) shall be conducted between one (1) geodetic control point, the plat boundary and a line whose azimuth has been determined by astronomic observation or global position system (GPS) with a minimum precision of no less than one (1) part in twelve thousand (12,000) before adjustment. Astronomic or GPS observation shall be performed in accordance with third order, class II requirements set forth in Standards and Specifications for Geodetic Control Networks, Federal Geodetic Control Committee, September, 1984, or as subsequently amended.

(3)

Three (3) geodetic control points tied to the plat boundary such that the field observations agree with the published coordinate values with a minimum precision of no less than one (1) part in twelve thousand (12,000).

(4)

Two (2) geodetic control points and a line whose azimuth has been determined by astronomic or GPS observation tied to the plat boundary such that the field observations agree with the published coordinate values with a minimum precision of no less than one (1) part in twelve thousand (12,000). Astronomic or GPS observation shall be performed in accordance with third order, class II requirements set forth in Standards and Specifications for Geodetic Control Networks, Federal Geodetic Control Committee, September, 1984, or as subsequently amended.

Geodetic control points that are used shall be shown on the plat by graphically identifying their location, name and number. The final, adjusted direct tie (bearing and distance) shall be shown between those geodetic control points and specific point(s) on plat boundary. If only one (1) geodetic control point was located as in method (2) above, a bearing diagram shall be shown on the plat relating the bearing structure shown on the plat to astronomic or grid north. If computer aided design and drafting (CADD) methods were used in the preparation of the subdivision plat, a copy of the associated electronic data file shall be made available to the county upon request in order to expedite entering the subdivision into the county's records. In the event of a discrepancy with county records, other survey data showing the field observations, reductions and adjustments shall be made available to the county upon request.

(c)

Estimated cost. A construction cost estimate shall be submitted, which provides the estimated cost of installing all improvements. Such estimates shall be prepared by the project engineer and shall be based upon recent bid information. As an alternative, bids of two (2) reputable contractors, or a copy of an executed contract, for the installation of the improvements may be submitted.

(d)

Surety for improvements. When platting is proposed prior to completion of construction, the subdivider shall submit to the county a developer's agreement, cash deposits, irrevocable letter of credit, or any other evidence or alternatives acceptable to the board of county commissioners. The above sureties shall cover the cost of all public improvements. One (1) or more of the following four (4) alternatives may be used upon approval by the board of county commissioners:

(1)

Record a developer's agreement acceptable to the board of county commissioners which commits the developer and/or financial institution to comply with these regulations.

(2)

Deposit cash in an escrow account in an amount equal to one hundred fifteen (115) percent of the estimated cost.

(3)

Submit an irrevocable letter of credit per section 34-203. Such irrevocable letter of credit shall be in the penal sum of one hundred fifteen (115) percent of the estimated cost.

(4)

Any other alternative acceptable to the board of county commissioners.

(e)

Environmental audit. A phase I environmental site assessment (ESA) must be conducted in accordance with the latest edition of the American Society for Testing and Materials (ASTM) standard E-1527 (Phase I ESA Process). The county will require a specified minimum off-site search distance of one-quarter (¼) mile. The minimum search distance may include areas outside the adjoining properties and shall be measured from the nearest property boundary. The ESA must be performed and signed by a Florida registered professional engineer or geologist who is able to demonstrate competence (i.e., education and previous experience) in producing ESA reports.

A previous phase I ESA may be used if it meets or exceeds the requirement of ASTM E-1527 (except as modified herein) and if the conditions of the property and area surrounding the property are not likely to have changed materially since the previous phase I ESA. Should more than one (1) year have passed since the completion of the last phase I ESA, a current site reconnaissance and records review will be required at a minimum. All supplemental phase I ESA documents must also be signed by a Florida licensed engineer or geologist.

The results shall be provided to the county prior to acceptance of all dedicated lands. Should environmental conditions requiring any remedial activity, monitoring or regulatory action be identified as a result of the ESA(s), the county will not accept any dedications of such land until the conditions on the land are fully addressed to the satisfaction of the county and all applicable regulatory agencies.

(f)

Dedication. All dedications of land required for public purposes shall be dedicated at no cost to the county or other appropriate jurisdictional authority. If the property is encumbered by a mortgage, the owner and mortgagee shall join in the dedication or in some other manner subordinate the mortgagee's interest to the dedication of the public property.

Should environmental concerns be identified as a result of the study(ies), the county will not accept any dedications of such land until the conditions on the site are remediated to the satisfaction of the county and all regulatory agencies.

(g)

Certification of payment of taxes. Certification shall be required showing that all due taxes have been paid in full and all tax certificates against the land have been redeemed.

(h)

Certificate of title and encumbrances. Title certification shall be provided as required by F.S. ch. 177, pt. I. The title opinion shall also include all easements and any other encumbrances.

(i)

MSTU requests. Letters requesting creation of municipal service taxing units (MSTU's) for street lights, retention ponds or other uses shall be submitted if required.

(j)

Outstanding liens. Any capital improvement liens existing on a parcel being subdivided must be paid in full as a prerequisite of plat approval.

(k)

Deed restrictions. The developer shall provide one (1) copy of all deed restrictions affecting the subdivision which shall include language providing that the landscape plan submitted with the preliminary subdivision plan shall be maintained in compliance with this Code. This landscape plan compliance language cannot be changed without county approval and such landscape plan compliance enforcement shall be the responsibility of the homeowners' association.

(l)

Concurrency. The developer shall provide one (1) copy of either a concurrency vested rights certificate or a capacity reservation certificate.

(Ord. No. 94-4, § 1(Exh. A), 2-8-94; Ord. No. 96-2, § 4, 1-9-96; Ord. No. 2000-14, § 1, 6-27-00; Ord. No. 2009-05 , § 3, 2-24-09; Ord. No. 2009-25 , § 8, 9-22-09)