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Cutler Bay City Zoning Code

ARTICLE XII

SUBDIVISION OF LAND

Sec. 3-180.- Purpose.

These regulations are adopted to protect and provide for the public health, safety, comfort, and welfare of the town; to guide future growth and the harmonious, orderly, and coordinated development of land in accordance with the town's growth management plan; to establish standards of design and procedures for subdivisions and replats to further the orderly layout and use of land; to ensure that public facilities are properly planned and made available and will have sufficient capacity to serve the proposed subdivision; to preserve the natural beauty and ecology of the town; to ensure appropriate development with regard to these natural features; and to provide for open spaces in subdivisions for recreational and educational purposes.

(Ord. No. 12-03, § 2(3-180), 6-20-2012)

Sec. 3-181. - Applicability.

All subdivisions of parcels of land into one or more parcels, lots or tracts shall adhere to the requirements in this article. The contents of this article are in addition to any applicable requirements set forth in chapter 28 of the Miami-Dade County Code of Ordinances and F.S. ch. 177.

(Ord. No. 12-03, § 2(3-181), 6-20-2012)

Sec. 3-182. - Waiver of plat; exemptions.

Whenever property is subdivided, a plat must be recorded, with the exception of the following:

(1)

Public dedications. A plat will not be required where the subdivision:

a.

Consists only of the dedication of a road, highway, street, alley, or easement.

b.

It is found by the town council that in these circumstances it is not necessary that a plat be recorded. In lieu of the recording of a plat, the dedication may be by deed, and may require conditions as deemed appropriate under the particular circumstances; such as improvements of sidewalks, streets, or drainage facilities or the acceptance of the dedication by the town council. The posting of a bond or irrevocable letter of credit may also be required.

(2)

Number of parcels. A plat will not be required where the land to be subdivided is to be divided into no more than six parcels and because of the isolation or remoteness of the land concerned in relation to other platted or improved lands or improvements and dedications already exist on the land and are substantially in accordance with the requirements of this article and chapter 28 of the Miami-Dade County Code.

(3)

Replat of unusual tracts. Plat recordation shall not be required in cases where previously subdivided tracts are to be replated, if such tracts are of such unusual size or shape or are surrounded by development or unusual conditions to justify, in the opinion of the community development department, the waiver of plat recordation requirements. In lieu of platting, the department may require any dedications, reservations, or improvements required in connection with platting under this chapter, including, but not limited to, the posting of a performance and maintenance bond, or an irrevocable letter of credit as may be necessary to carry out the intent and purpose of these subdivision regulations.

(Ord. No. 12-03, § 2(3-182), 6-20-2012)

Sec. 3-183. - Waiver of plat procedure.

(a)

Waiver of plat surveys. A waiver of plat application shall be required to be submitted by property owner(s) in order to permit a determination that the property qualifies under the platting and recordation exemption provisions of section 3-182. The waiver of plat application shall be signed by the owner, notarized and submitted to the town.

(b)

Preparation of waiver of plat surveys. The waiver of plat boundary and topographic survey shall be prepared by a licensed professional surveyor and mapper registered to practice in the state and shall bear the seal of the surveyor who prepared the survey.

(c)

Information to be included. The waiver of plat survey shall include the following information unless waived by the town:

(1)

Legal description of parent tract;

(2)

Legal description of each parcel to be created;

(3)

Location of property lines, existing easements, buildings, watercourses and other essential features;

(4)

Location of any sewer and water mains and any utilities, culverts and drains on the property to be subdivided;

(5)

Location, names and widths of existing and proposed streets, easements, building lines, alleys, parks, any other public ways, other public open spaces, and similar facts regarding property immediately adjacent;

(6)

Date of field survey, north arrow and graphic scale;

(7)

Proposed lot lines with dimensions;

(8)

Existing ground elevations of subject property and all other lands within 50 feet of the property;

(9)

Existing easements and restrictions of the underlying plat; and

(10)

Location of all buildings, slabs, fences, swimming pools and other permanent structures on both the subject and adjacent properties that would be nonconforming with the creation of the new proposed parcels.

(d)

Fees. The property owner shall pay all required fees at the time that the waiver of plat survey is submitted.

(e)

Opinion of title. The property owner shall provide a current opinion of title from any attorney authorized to practice law in the state.

(Ord. No. 12-03, § 2(3-183), 6-20-2012)

Sec. 3-184. - Outline of platting procedure.

The subdivider will gather information and data on existing conditions; study site suitability and development opportunities; and discuss financing, planning and marketing with those interested. The subdivider will develop a preliminary plan in sketch form, which will be submitted to staff for review by a licensed professional surveyor and mapper and for advice and assistance. With the advice and assistance of a licensed professional surveyor and mapper, appropriate town staff will review the sketch plan and programs as they relate to the total community, as well as design standards, improvement requirements and other related areas.

General information. The owner, agent or person having control of any land within the corporate limits shall submit the information required in this article to staff for recommendation.

(1)

An outline drawing and description of existing conditions of the site is required. This shall include all deed restrictions, covenants, land characteristics, availability of utilities, number of lots, typical lot dimensions, business areas, playground and park areas and other public areas, any proposed protective covenants and proposed streets and utilities and existing community facilities which serve or influence the proposed subdivision. Such information shall also include the development name and location, relationship to main traffic arteries, public transportation lines, shopping centers, schools, parks and playgrounds and other community facilities, such as hospitals and houses of worship, if applicable, title, scale, north arrow and date.

(2)

On a topographic survey, the applicant shall show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions, which shall include the location of all streets connecting to the proposed subdivision.

(3)

The information shall be submitted to and reviewed by town staff at least 15 calendar days prior to the date of the meeting at which tentative plat or waiver of plat approval shall be considered. All submissions shall be in five copies.

(Ord. No. 12-03, § 2(3-184), 6-20-2012)

Sec. 3-185. - Procedure for tentative plat.

The subdivider will submit a tentative plat (also referred to as a preliminary plat) of the proposed subdivision to the department. The tentative plat submission shall include all data required pursuant to F.S. ch. 177; chapter 28 of the Miami-Dade County Code; and this article. Included in the submission will be the request of the subdivider for approval of the tentative plat, including, but not limited to, information addressing the relationship of the plat to the total community, as well as design standards and improvement requirements. The tentative plat will be reviewed by town staff. Five copies of the submission shall be provided to the department for review and recommendation at least 15 days prior to the town staff review meeting at which tentative plat approval will be considered.

(1)

Town staff shall review formally the tentative plat submission to determine its conformity to the requirements set forth in this article. Staff shall approve, subject to any conditions as may be needed, or deny the application, specifying which parts of the submission do not comply with this article or other applicable laws.

(2)

Town staff may make such adjustments in the tentative plat as necessary to make such plat conform to all town ordinances, regulations and requirements and will approve or deny the tentative plat or refer it back to the subdivider with necessary requirements for changes noted.

(Ord. No. 12-03, § 2(3-185), 6-20-2012)

Sec. 3-186. - Public improvements and maintenance; withholding from subdivisions not approved or accepted.

The town shall withhold all public improvements of whatever nature, including the maintenance of streets from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted in the manner set forth in this article.

(Ord. No. 12-03, § 2(3-186), 6-20-2012)

Sec. 3-187. - Building permits, issuance.

(a)

Prohibition against issuance of building permits prior to plat approval. No building permits shall be issued for any structure on a lot in a subdivision on which a plat has not been approved and recorded in the manner set forth in this article, unless the recording of a plat is not required or is an exception as set forth below.

(b)

Exceptions. Building permits for the following structures may be issued prior to the final plat:

(1)

Construction trailer or trailer used as a sales office subject to the requirements set forth in section 3-196.

(2)

Model and dry model homes subject to the requirements set forth in section 3-196.

(3)

Entrance features, perimeter walls and lift stations, subject to the following conditions and requirements:

a.

The tentative or waiver of plat has been approved by town staff and is current.

b.

The owner of the property shall provide a hold harmless agreement to the town in a form to be reviewed and approved by the town attorney.

(4)

Commercial, retail and industrial buildings subject to the following conditions and requirements:

a.

The tentative or waiver of plat has been approved by town staff and is current.

b.

Only one building permit may be issued on site, and only one such permit may be issued within a subdivision.

c.

At the time of the request for such permit, there must be an active set of building plans pertaining to the site, with an active process number under the town's permitting system. The plans must have been reviewed and approved by the department and all applicable county agencies. The review of the building plans shall include, but not be limited to, a review based upon the electrical, energy, mechanical, planning, and plumbing disciplines.

d.

A letter, signed by the property owner, shall be submitted to the department, requesting the permit prior to final plat recording. The letter shall state the proposed lot and block or tract for such permit and the owner's acknowledgement and agreement that no certificate of occupancy will be sought or allowed until after the final plat is recorded. The letter shall be accompanied by a hold harmless agreement in a form to be reviewed and approved by the town attorney.

e.

No certificate of occupancy for the subject structure shall be issued until the final plat is recorded.

f.

The issuance of the building permit shall not modify or affect the adequate public facilities capacity of the underlying tentative plat in any way.

(5)

Permanent buildings to be used as single-family or townhouse production homes subject to the following conditions and requirements:

a.

The tentative or waiver of plat has been approved by the town staff and is current.

b.

Paving and drainage plans have been approved.

c.

All applicable county requirements are complied with.

d.

The proposed final plat for the subdivision in which the production homes are located has been listed on an agenda for approval by the town council.

e.

A letter, signed by the property owner, shall be submitted to the department, requesting approval of production homes prior to final plat recording. The letter shall state that the owner understands and agrees that the production home shall not be occupied until the final plat is recorded in the public records and that the penalty for violation of this occupancy prohibition shall be the demolition of the production home. Such letter shall be accompanied by a hold harmless agreement in a form to be reviewed and approved by the town attorney.

f.

No certificate of completion shall be issued for any production home until after the final plat is recorded except that a temporary certificate of completion may be issued by the department.

(Ord. No. 12-03, § 2(3-187), 6-20-2012)

Sec. 3-188. - Utilities.

Utilities on and adjacent to the tract; location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains, fire hydrants, electric and telephone poles and street lights, cable TV lines, buried telephone lines, gas mains, etc., shall be included in the preliminary plat. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to and size of nearest such lines, showing invert elevations of sewers.

(Ord. No. 12-03, § 2(3-188), 6-20-2012)

Sec. 3-189. - Ground elevations on tract.

Ground elevations shall be included in the preliminary plat and shall be based on a datum plane approved by the town. For land that slopes less than two percent, show spot elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than 200 feet apart in all directions. For land that slopes more than two percent, show contours with an interval of not more than five feet if ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two feet, if necessary because of irregular land or need for more than detailed data for preparation of plans and construction drawings.

(Ord. No. 12-03, § 2(3-189), 6-20-2012)

Sec. 3-190. - Conditions on tract or adjacent land.

(a)

Subsurface conditions on tract. If required by town staff, location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater, location and results of soil percolation tests, if individual sewage disposal systems are proposed, shall be included in the plat.

(b)

Other conditions on tract. Watercourses, marshes, rock outcropping, wooded areas, isolated preservable trees, six inches or more in diameter, houses and all other structures and other significant features shall be included in the plat.

(c)

Other conditions on adjacent land. Approximate gradient and direction of ground slope, including any embankments or retaining walls, canals, character and location of buildings, railroads, power lines, towers and other nearby nonresidential uses or adverse influences, owners of adjacent unplatted land shall be included in the plan. For adjacent platted land, refer to subdivision plat by name, recordation date and number, and show approximate build-up, typical lot size and dwelling type.

(Ord. No. 12-03, § 2(3-190), 6-20-2012)

Sec. 3-191. - Miscellaneous requirements.

The following shall be included in the tentative plat submission:

(1)

Photographs. Including camera locations, directions of view and key numbers.

(2)

Zoning. On and adjacent to the tract.

(3)

Proposed public improvements. Highways or other major improvements planned by public authorities for future construction on or near the tract.

(4)

Key plan. Showing location of the tract.

(5)

Title and certificates. Present tract designation, according to official records in the office of the appropriate recorder; title under which proposed subdivision is to be recorded, with names and addresses of owners, business name and address and telephone number; notation stating acreage, density of units per acre, scale, north arrow, datum, benchmarks, certifications of registered civil engineer or surveyor and date of survey.

(Ord. No. 12-03, § 2(3-191), 6-20-2012)

Sec. 3-192. - Scale; proposals for improvements, etc.

The tentative or waiver of plat shall be drawn to a scale sufficient in size to show all necessary detail. The plat shall show all existing conditions as required by this article and shall show all proposals, including the following:

(1)

Streets. Names, rights-of-way and paved roadway widths, approximate grades and gradients, and similar data for alleys;

(2)

Other rights-of-way or easements. Location, width and purpose;

(3)

Location of utilities. If not shown on other exhibits;

(4)

Lot lines. Numbers and block numbers;

(5)

Sites. If any reserved or to be dedicated for parks, playgrounds or other public uses;

(6)

Designation of zoning classifications. For duplex, multifamily dwellings, business, shopping centers, churches or other nonpublic uses, exclusive of single-family uses;

(7)

Minimum building setback lines. Front, rear and sides;

(8)

Site data. Including number of residential lots, lot sizes, acreage in parks, etc., total acreage, density of living units per gross acre or part thereof;

(9)

Off-street parking. To scale per lot or tract; and

(10)

Additional information. Title, scale, north arrow, date; applicant's name, address, telephone number, name of company (if incorporated, address and telephone number).

(Ord. No. 12-03, § 2(3-192), 6-20-2012)

Sec. 3-193. - Other preliminary plans.

When required by town staff, the tentative or waiver of plat shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a minimum distance of 300 feet beyond the limits of the proposed subdivision; typical cross sections of the proposed grading, roadway and sidewalk; and preliminary plan of proposed sanitary sewers and stormwater disposal, with grades and sizes indicated.

(Ord. No. 12-03, § 2(3-193), 6-20-2012)

Sec. 3-194. - Draft of protective covenants.

(a)

The tentative or waiver of plat shall be accompanied by a draft of protective covenants, whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development. Such draft of protective covenants shall include, but not be limited to, the following, where applicable:

(1)

Maximum residential density and intensity;

(2)

Maximum number of proposed residential units;

(3)

Maximum square footage of industrial development;

(4)

Maximum square footage of commercial development;

(5)

Dedication of right-of-way, common area, civic sites, or other lands or easements for public purposes;

(6)

The provision for community infrastructure, including, but not limited to, roads, sewers, water, parks, drainage, etc., at no cost to the town (such as by the creation of a community development district pursuant to F.S. ch. 190, a special taxing district, a homeowners' association, or other equivalent entity). The manner by which the provision of community infrastructure shall be provided must first have been reviewed by town staff and approved by the town council as set forth in the code and any other required governmental entity (such as, but not limited to, the county board of county commissioners in the case of a special taxing district or a community development district); and

(7)

An enforcement clause that reserves to the town the right, but not the obligation, to request the county board of county commissioners to activate a special taxing district or to otherwise enforce the obligations of the homeowners' association or other ownership entity in the event the homeowners' association or other ownership entity fails to provide for or maintain community infrastructure or otherwise fails to perform its obligations required by the protective covenant. Such clause shall further provide for the right of entry by the town for the purposes of such maintenance and enforcement or for the provision of infrastructure upon 60 days written notice to each homeowners' association (where applicable) and to each of the property owners within the subdivision. The clause shall further provide that, after the 60-day notice period has elapsed, the town council shall hold a public hearing on the issue affording all interested parties an opportunity to be heard. The town council shall then, by ordinance, authorize the town manager or his designee to enforce such rights in the same manner as the homeowners' association or other ownership entity, including, but not limited to, the right to levy and collect assessments against individual owners in the event of non-payment. Such clauses shall not be amended by the homeowners' association or other ownership entity without the prior consent of the town after a public hearing.

(b)

Town staff shall not review the tentative plat unless such draft of protective covenants has been provided to staff at least 15 business days prior to the town staff review meeting and has been reviewed by the town attorney for legal sufficiency.

(Ord. No. 12-03, § 2(3-194), 6-20-2012)

Sec. 3-195. - Typical site plan.

A site plan shall accompany the tentative plat, and shall comply with the site plan requirements pursuant to article III of this chapter.

(Ord. No. 12-03, § 2(3-195), 6-20-2012)

Sec. 3-196. - Model and dry model homes; construction and sales trailers.

(a)

Model and dry model homes and construction and sales trailers shall be allowed to be constructed upon the issuance of a building permit by the department. The construction permit for the model or dry model home or construction or sales trailer shall comply with this chapter.

(b)

In addition to subsection (a) of this section, the issuance of a permit for the construction of a construction trailer or trailer used as a sales office, model home or dry model home shall require the institution of platting or tentative platting procedures within 90 days from the date of the permit or the permit shall be deemed null and void and all construction on the approved site shall be removed forthwith. No permit for a dry model home, sales trailer, or model home shall be issued prior to the final plat unless and until the applicant has provided to the town a hold harmless agreement, in a form to be reviewed and approved by the town attorney.

(c)

The applicant for the construction of a model or dry model home shall post with the town a bond, certified check or irrevocable letter of credit for each model home or dry model home to be constructed under a permit. The purpose of the bond, certified check, or irrevocable letter of credit is to guarantee the town adequate funds for the removal of the model or dry model homes should they be abandoned by the permittee, in an amount to be determined by the director.

(d)

Should the permittee desire to convert the model home or dry model home into a residential living unit for sale or for any other purpose, a certificate of occupancy must first be approved by the town. No certificates of occupancy shall be issued while the structures are deemed model or dry model homes by the town.

(Ord. No. 12-03, § 2(3-196), 6-20-2012)

Sec. 3-197. - Final plat.

(a)

In the event the town accepts the tentative plat, the subdivider will be required to then prepare the final plat on Mylar, with appropriate information included thereon, to be resubmitted to the department at least 15 days prior to a regularly scheduled council meeting. In addition, the applicant shall submit evidence of the lawful formation of a homeowners' association or other ownership entity to be reviewed and approved by the town attorney for legal sufficiency prior to the final plat being scheduled for review by the town council.

(b)

The final plat and declaration of protective covenants (as provided for in section 3-194) will be reviewed by the town council and, if approved, adopted and signed by the mayor or his designee; the subdivider will then record the other documents with appropriate agencies, including the town. Any property that is to be maintained by a homeowners' association or other management entity pursuant to the declaration of protective covenants shall be conveyed to the homeowners' association or property owners' association by warranty deed simultaneously upon the recording of the approved final plat, which warranty deed shall be reviewed by the town attorney for legal sufficiency.

(c)

The final plat shall not be given full force and effect unless and until the declaration of restrictive covenants (as provided for in section 3-194) and newly created legal description is provided to the town by the applicant, has been reviewed and approved by the town attorney for legal sufficiency, and recorded in the public records of the county. The final declaration of restrictive covenants shall be supported by an opinion of title prepared by an attorney licensed to practice law in the state, to be provided by the applicant within 30 days prior to recording. All recording costs shall be borne by the applicant.

(Ord. No. 12-03, § 2(3-197), 6-20-2012)

Sec. 3-198. - Final plat form; contents generally.

(a)

The final plat shall be drawn in black permanent drawing ink on Mylar on sheets not to exceed 30 inches by 36 inches and shall be at a scale sufficient in size to show all necessary detail. Where necessary, the plat may be on several sheets, accompanied by an index sheet showing the entire subdivision.

(b)

For large subdivisions the final plat may be submitted for approval progressively in contiguous sections, clearly identified and accompanied by an index sheet.

(c)

The final plat shall show the following:

(1)

Name of the subdivision. The plat shall have a title or name. The full name of the town must appear in the title or name of the plat subdivision. If the land platted is an addition to land already platted, then the title of the plat shall include, with the name of such addition or subdivision, the township and range of which such platted land is a subdivision, or to which it is an addition. The community development department, after consultation with the county public works, may disapprove any name which may cause confusion as to the status or the location of any platted property.

(2)

Deed description. There shall be written or printed upon the plat a full and detailed description of the land embraced in the map or plat showing the township and range in which such lands are situated and the section and part of sections platted and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. The description must be so complete that from it, without reference to the plat, the starting point can be determined and the outlines run. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be replatted shall be given. If the plat is to be a replat of the entire previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

(3)

Names of adjacent subdivisions.

(4)

Names or numbers and width of streets immediately adjoining plat.

(5)

All plat boundaries.

(6)

Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.

(7)

Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.

(8)

Accurate location of all monuments, control points.

(9)

Length of all arcs, radii, internal angles, points of curvature and tangent bearings.

(10)

Where lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown.

(11)

The name or numbering and right-of-way width of each street or other right-of-way shown on plat.

(12)

The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered, except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."

(13)

Plat restrictions to restrict type and use of water supply; type and use of sanitary facilities; use and benefits of water areas and other open spaces and odd-shaped and substandard parcels; replat of parcels as "platted"; and restrictions of similar nature.

(14)

All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service.

(15)

The dimensions of all lots and angles or bearings.

(16)

Minimum building setback lines where required by code.

(17)

Location, dimension and purpose of any easements.

(18)

Certification by a licensed professional land surveyor and mapper to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown.

(19)

An acknowledgment by the owner of his adoption of the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such adoption and dedication. If existing right-of-way is to be closed, purpose of closing must be stated on the plat.

(20)

The signature and seal of the governing body.

(21)

All other data required by the county, the town, and the state.

(22)

Title, scale, north arrow and date.

(d)

Other data required with plat.

(1)

Restrictive covenants desired by the developer so long as they do not violate existing ordinances. Restrictive covenants shall be required covering the same restrictions included in subsection (c)(13) of this section; restrictions controlling building lines, establishment and maintenance of buffer strips and walls, and restrictions of similar nature.

(2)

The licensed land surveyor and mapper shall show on the face of the plat (or shall certify on a separate sheet, not to be recorded in the public records) the state plane coordinates (current readjustment) of at least two of the permanent reference monuments shown on the plat. This requirement may be waived by the plat division of the appropriate authority if:

a.

Any portion of the land encompassed by the plat is more than one mile from the nearest station shown on the list on file in the county public works department's survey office, as updated; or

b.

All stations within one mile of the plat have been lost.

A copy of the certified corner record (as defined in F.S. § 177.503) for the corners used shall be provided with the final plat.

(3)

Current opinion of title from any attorney authorized to practice law in this state.

(4)

Certification from the town and county that all taxes and assessments have been paid on the land within the proposed subdivision or receipted tax bills.

(5)

If a zoning change is involved, certification from the appropriate agency shall be furnished indicating that the change requested has been approved and is in effect, and that the size of lots and other features shown on the plat conform to all zoning requirements. Signing of the final plat by the director of that agency shall constitute such certification.

(Ord. No. 12-03, § 2(3-198), 6-20-2012)

Sec. 3-199. - Deed and easement submission.

(a)

For the purposes of this chapter, every deed, easement, or other document conveying, transferring or dedicating an interest in real property to the town must be in a form and substance as prescribed by applicable law and otherwise acceptable to the town attorney. Quitclaim forms of deeds, easements or other documents are unacceptable. The deed, easement or other document must be accompanied by:

(1)

An opinion of title of an attorney, licensed in the state, or an owner's policy of title insurance from a licensed state title company (with an effective date no earlier than 30 days prior to submission), certifying that the parties executing or joining in such deed, easement or other document are all of the current record owners of the property, and setting forth all exceptions to title for the property, including holders of unsatisfied mortgages on the property (which must be satisfied or released prior to acceptance by the town), and any other party holding any record interest in the property; and

(2)

A lien, possession and encumbrance affidavit executed by the current record owners of the property.

(b)

The form and substance of the opinion of title and lien, possession and encumbrance affidavit shall be in a form and substance prescribed by the town attorney from time to time. Title to the property that is the subject of such deed, easement, or other document must be free and clear of all liens, encumbrances, tenancies, restrictions, and rights of third parties, subject only to title exceptions acceptable to the town. The current record owner(s) of the property shall also provide proof of compliance with the provisions of F.S. § 196.295 or any successor legislation thereto regarding the escrowing of real estate taxes.

(Ord. No. 12-03, § 2(3-199), 6-20-2012)

Sec. 3-200. - Required improvements and submissions.

The following materials shall accompany the final plat required by this article:

(1)

Cross sections and profiles of streets, showing grades approved by the town. Profiles shall be drawn to town standard scales and elevations and shall be based upon a datum plane approved by the town.

(2)

Certificate by town, certifying that the subdivider has complied with one of the following alternatives:

a.

All improvements have been installed as required by these regulations and with the action of town staff, giving conditional approval of the tentative plat; or

b.

A bond, certified check, or irrevocable letter of credit that has been reviewed and approved by the town attorney's office has been posted with the town, running in favor of the town in the amount of 110 percent of the cost of improvements, to assure the ultimate completion of all required improvements. Upon approval of the town that the improvements are complete, the security may be released.

(3)

Signed certified copies of all utility installations.

(4)

Protective covenants, in form for recording.

(5)

Other data. Such data other certificates, affidavits, endorsements or deductions as may be required by town staff and town council, in the enforcement of this article.

(Ord. No. 12-03, § 2(3-200), 6-20-2012)

Sec. 3-201. - Revising plat after approval.

No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given of the final plat, with the exception of scrivener's errors, unless the plat is resubmitted for a new approval.

(Ord. No. 12-03, § 2(3-201), 6-20-2012)