§ 72-541. Final plat review.

(a)

After the PPL development order has been issued pursuant to section 72-540, the developer may submit an application for a FPL development order. No improvements, including streets, shall be accepted and maintained by the county unless and until the FPL has been approved by the county council, and has been duly recorded by the Clerk of the Circuit Court, County of Volusia, Florida (clerk). The clerk shall record only those FPL's which have been submitted for recording by the LDM.

(b)

Procedures. An application for an FPL development order shall be filed, processed and approved pursuant to section 72-504 of this article. The submittals shall be consistent with the issued PPL development order and shall include any conditions.

(1)

The developer shall submit as the FPL only that portion of the approved PPL which the subdivider proposes to record and develop at the time. Such portion shall conform to all requirements of this article.

(2)

The developer shall submit an appropriate number of blue line prints, as determined by the LDM, of the final plat to the LDD.

(3)

The FPL shall be prepared by a currently registered land surveyor at a scale of one inch equals 100 feet, or such other scale approved by the county registered land surveyor. All FPL's shall be prepared on standard sheet sizes as required by F.S. ch. 177, as amended, and shall be 22 inches by 28 inches, including a three-inch binding margin on the left side and a one-inch margin on the other three sides. To ensure legibility, all lettering upon the plat shall have a minimum height of 0.10 inches.

(c)

Required submittals.

(1)

The following information shall be shown on the submittals:

a.

Name of subdivision, date of survey, north point and graphic scale.

b.

A vicinity map drawn at scale of one inch equals 400 feet, or other scale deemed appropriate by the CDE.

c.

Names and locations of all adjoining or interior subdivisions, city limit lines, bulkhead lines, property lines, rights-of-way and easements.

d.

Accurate location and legal description of all monuments, markers and control points. The legal description of the property being platted shall appear on sheet 1 of the FPL.

e.

Sufficient survey data to readily determine and reproduce on the ground every straight or curved boundary line, lot line, right-of-way line, easement line, bulkhead line and setback line, including, but not limited to, linear dimensions, bearings or deflection angles, radii, arcs and central angles. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest second of a degree.

f.

All proposed rights-of-way, easements and areas to be dedicated to public use with the purpose of each stated.

g.

Areas to be used for purposes other than residential and public, if any, with the purpose, location and dimensions of each indicated.

h.

Lot and block numbers, street names and all right-of-way or easement widths.

i.

Signed certificates shall appear on sheet 1 of all FPL's. Such certificates shall be in accordance with the format and specific language set forth in section 72-4, Plat certification and dedications template. The following signed certificates shall be completed on the FPL prior to submission: Dedication, joinder and consent to dedication, all required acknowledgements, certificate of surveyor, certificate of approval by county registered land surveyor (RLS), certificate of approval by county council and certificate of approval by land development manager and certificate of clerk.

j.

The FPL shall include such additional information as may be required by F.S. ch. 177, as amended.

(2)

The following information shall be provided on sheets separate from the FPL:

a.

Name, address and telephone number of the subdivider, subdivision designer, professional engineer, registered surveyor, abutting property owners and mortgagees of the property.

b.

A title opinion which meets the requirements of F.S. ch. 177, as amended.

c.

Any deed restrictions or protective covenants, with the appropriate filing fees.

d.

Such engineering plans, cross-sections, plan and profile drawings of streets, bulkheads, bridges, sidewalks, water distribution systems, water treatment plants, sewerage collection systems, sewage treatment plants, and storm sewer systems as required by the county.

e.

A copy of the FPL reduced to 8½ inches × 11 inches.

(3)

If the developer elects to construct the improvements after the issuance of the FPL, the following information shall be provided in addition to subsections (c)(1) and (2), above:

a.

A signed and sealed professional engineer's estimate of the total construction cost or a signed contract which encompasses all proposed improvements.

b.

A performance guarantee in accordance with subsection 72-656(a).

c.

All items required in subsections 72-541(c)(4)a. through d., must be provided after subdivision improvements have been completed.

(4)

Upon completion of construction of the required improvements, the following information shall be provided in addition to subsections (c)(1) and (2), above:

a.

A signed and sealed professional engineer's certification of the constructed improvements and the total construction cost. If fire hydrants were installed, the professional engineer must certify that the water distribution system of the development meets the National Fire Protection Association capacity requirements for fire hydrants.

b.

A maintenance guarantee as provided in subsection 72-656(a) in the amount of 15 percent of the total construction cost acceptable to the Volusia County Legal Department and the CDE.

c.

One mylar and two sealed bluelines as-built construction plans signed by the professional engineer which encompass all required improvements. If the as-built construction plans were prepared on an appropriate CAD system, the applicant shall provide such computer disks to the LDM.

d.

Adequate test reports signed and sealed by a professional engineer, as required by the CDE, and to assure that all improvements substantially meet Volusia County standards and specifications.

(d)

Recording requirements.

(1)

Recording period. No plat may be recorded except during the effective period of an FPL.

(2)

Platted dedications. All streets, alleys, easements, rights-of-way, parks, school sites and public areas shown on an accepted and recorded plat, unless otherwise stated, shall be deemed to have been dedicated or granted, as appropriate, to the public for the uses of the public. The recorded plat shall constitute, unless otherwise stated, an acceptance of said offer to dedicate, grant or reserve. Reservations must be clearly indicated as such, and must include the word "reservations".

(3)

Necessary documents. Prior to recording, an applicant shall furnish the county with those documents necessary to evidence and ensure compliance with such requirements, standards, restrictions or conditions of this article as requested by the county. Such documents may include, but are not limited to, bonds or other security, agreements, restrictive covenants, deeds and easements, if evidence of compliance with such requirements, standards, restrictions or conditions is not appropriately contained in the development order or on the final plat to be recorded.

(4)

Recordation of plats. Plats shall be recorded in the following manner:

a.

All recording fees, documents and the original plat shall be submitted to the LDM. The LDM shall then transmit the required fees and documents to the clerk of the circuit court (clerk), hereinafter referred to as the clerk. The clerk shall, after recording the plat, make three mylar copies and a number of bluelines as determined by the LDM. Also, if the application was prepared on an appropriate CAD system, the applicant shall provide such computer disks to the LDM.

b.

The original plat and one mylar copy of the plat will be retained by the clerk. One mylar copy of the recorded plat shall be retained by the CDE, and the other mylar copy of the recorded plat will be returned to the applicant.

c.

No plat of lands in Volusia County subject to these regulations shall be recorded, whether as an independent instrument or by attachment to another instrument entitled to record, unless and until such plat has been approved by the county council and an FPL development order has been issued.

d.

The LDM shall obtain a statement that all current and previous taxes have been paid in accordance with F.S. § 197.192, as amended.

(Ord. No. 90-33, §§ XXVIII—XXX, 9-27-90; Ord. No. 94-2, §§ 39, 40, 4-7-94; Ord. No. 96-32, §§ XX—XXIV, 12-19-96; Ord. No. 2008-25, § III, 12-4-08; Ord. No. 2012-05, § IV, 4-19-12)