Final Plat Procedures

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Land Development code, Ordinance 88-3
Subdivision application checklist and procedures

Article 11 - Subdivision plat approval procedures

Final Plat Procedures
IV. For an FPL, submit an application and fifteen (15) blueline copies of the following exhibits: (Note: Seven (7) Additional copy of the Plan is required if the project is within the City of DeBary.

(1) The following information shall appear on the Final Plat sheets:
(a) Name of subdivision, date of survey, north point and graphic scale.
(b) A vicinity map drawn at scale of 1" = 400', or other scale deemed appropriate by the County Development Engineer (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 rights-of-way or easement widths.
(I) The appropriate certificates as set forth in Appendix "A" of the Land Development Code shall appear on Sheet #1 of the Final Plat, including: Dedication, Joinder and Consent to Dedication, all required acknowledgments, Certificate of Surveyor, Certificate of Approval by County Registered Land Surveyor (RLS), Certificate of Approval by County Council, Certificate of Approval by Land Development Manager and Certificate of Clerk.
(j) The FPL shall include such additional information as may be required by Chapter 177, Florida Statutes, as amended.
(k) An 8 1/2" x 11" copy of the proposed plat.

(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 Chapter 177 of Florida Statutes 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, walkways and bicycle facilities, water distribution systems, water treatment plants, sewage collection systems, sewage treatment plants and storm sewer systems as required by the County.

An FPL application will be considered by the DRC at a scheduled meeting. The applicant or his representative must be present at the meeting. Written comments and recommendations concerning the FPL will be given to the applicant at or before the meeting, as available.

For the purposes of Concurrency Testing an FPL is also defined as a Final Development Order pursuant to Article XIV of the Land Development Code. The developer must have a valid Concurrency Certificate of Capacity prior to recording the Final Plat and Development Order.

The DRC may continue consideration of the application or recommend that the County Council approve the application, or approve the application with conditions. A revised application may be required in order to resolve any conditions. The application and the DRC's recommendation will be transmitted to the County Manager's Office for scheduling on the next available County Council agenda for final action. The County Council will consider the application and the DRC's recommendation at a public meeting and take appropriate action as outlined in Subsection 104.08 of the Land Development Code. Notice of the final action of the County Council will be transmitted by the County Manager's Office to the Land Development Manager. Upon resolution of any conditions imposed by the County Council, the Land Development Manager will notify the developer of an intent to issue the FPL Development Order subject to resolution of any remaining conditions and for final administrative processing pursuant to Subsections 206.02 (3) and (4) and 206.03 of the Land Development Code.

Upon notification of intent to issue the FPL Development Order the developer shall submit the following to Land Development:

(1) The original Final Plat on mylar material. The Final Plat shall have been prepared by a currently registered land surveyor at a scale of 1'=100', or such other scale approved by the County Registered Land Surveyor. All FPL's shall be prepared on standard sheet sizes as required by Florida Statutes, Chapter 177, as amended, and shall be twenty-two inches by twenty-eight inches (22' X 28"), including a three inch (3") binding margin on the left side and a one inch (1") margin on the other three sides (THERE WILL BE NO EXCEPTIONS TO THESE DIMENSIONAL REQUIREMENTS AS THE CLERK'S OFFICE WILL NOT ACCEPT A FINAL PLAT FOR RECORDING UNLESS THESE REQUIREMENTS ARE STRICTLY ADHERED TO). To ensure legibility, all lettering upon the plat shall have a minimum height of 0.10 inches.

The following Certificates shall have been signed prior to submittal of the Final Plat: Dedication, Joinder and Consent to Dedication, all required acknowledgments, Certificate of Surveyor.
(2) Full payment of any monies due pursuant to the approved Development Order and/or the Land Development Code.
(3) A check payable to the Clerk of the Circuit Court for recording costs.
(4) The LDM will obtain the required proof of payment of property taxes. Please note that after November 1, the current year's taxes must be paid in addition to any prior years.
(5) If the developer has elected to construct or complete construction of the required improvements after the issuance of the FPL Development Order, the following shall be submitted in addition to (1), (2) and (3) above:
(a) A signed and sealed professional engineer's estimate of the total construction costs (includes landfill) or a signed contract which encompasses all proposed improvements and the construction costs of any required improvements and the construction costs of any required improvements which remain uncompleted.
(b) A Performance Guarantee in the amount of 115% of the total construction costs or construction costs of the improvements which remain uncompleted, in accordance with Subsection 501.01(1) of the Land Development Code, or
(6) If the developer has elected to complete construction of the required improvements before issuance of the Final Plat Development Order the following shall be submitted in addition to (1), (2) and (3) above:
(a) A signed and sealed professional engineer's certification that the required improvements have been completed in accordance with the approved PPL and the total construction costs (includes landfill).
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 Section 501.01 in the amount of 15% of the total construction cost acceptable to the Volusia County Legal Office and the County Development Engineer.
(c) One (1) mylar and two (2) sealed bluelines of as-built construction plans 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 County Development Engineer, to assure that all improvements substantially meet Volusia County Standards and Specifications.
(e) If the Final Plat was prepared on a CAD system a diskette containing the final version of the Final Plat shall be submitted.
(f) Two (2) mylar copies of the shop drawings of the utilities systems shall be submitted if utilities are to be provided by Volusia County.

Recording the Final Plat and Issuing the Final Plat Development Order
Upon submittal of the items called for in (1) through (5) above, as appropriate, and upon a determination by the Land Development Manager that all of the conditions of the approved Final Plat Development Order have been resolved, he/she shall record the Final Plat in the Public Records of Volusia County and issue the Final Plat Development Order. After recording the Final Plat, the Clerk of the Circuit Court will make three (3) mylar copies and a number of bluelines as determined by the LDM at the cost of the developer.

The original mylar and one (1) mylar copy of the Final Plat will be retained by the Clerk of the Circuit Court, one (1) mylar copy of the Final Plat will be retained by the County Development Engineer and one (1) mylar copy of the Final Plat will be returned to the developer. Blueline copies of the Final Plat will be transmitted to the appropriate staff, and one (1) copy will be retained by Land Development.

Note: If the project is within the City of DeBary, Seven (7). Additional blueline will be required to transmit to the appropriate municipality.

Completion of Construction and Inspections
Upon completion of construction of the required improvements after issuance of the Final Plat Development Order, the items called for in (5) above shall be submitted to Land Development.

Upon submittal of the items called for in (5) above, Land Development will notify Development Engineering, the county staff, and the appropriate utility provider that the subdivision is ready for final inspection. Each of those inspection agencies will conduct a final inspection of the subdivision and report the results to Land Development. Land Development shall inform the developer of the results of those inspections. In the case where the developer has elected to complete construction of the required improvements after issuance of the FPL, those inspection agencies shall have found the construction to be acceptable prior to release of the Performance Agreement or prior to the issuance of a Certificate of Occupancy for any building construction in that subdivision.

Performance Agreement, Issuance of Building Permits and Certificate of Occupancy
A Performance Agreement form may be obtained from Land Development. The Performance Agreement shall be secured by a Letter of Credit or cash escrow account. The guarantee for the Performance Agreement shall be for at least one year to provide availability of the funds for completion of the required improvements in the event that the developer does not complete construction within six (6) months.

Building permits may be issued after the Final Plat Development Order has been issued and before completion of the required improvements during the effective period of the Performance Agreement (six months maximum). However, no Certificate of Occupancy will ever be issued nor will any more Building Permits be issued after the effective period of the Performance Agreement unless construction of the required improvements has been completed, certified by the developer's engineer and accepted by the County.


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