Not withstanding any contrary definition within the Malabar Land Development Code, the term subdivision means the division of land into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and re-subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

A.

Purpose. The purpose of this Ordinance is to assist implementation of the Town of Malabar Comprehensive Plan by establishing procedures and standards for the development, platting and subdivision of real estate within the Town of Malabar. It is the intent of this Article to require a formal review process of subdivision plats in order to:

• Ensure proper legal description, identification, monumentation and recording of real estate boundaries;

• Aid in the coordination of land development in the Town of Malabar in accordance with orderly physical patterns;

• Discourage haphazard, premature uneconomic or scattered land development;

• Ensure safe and effective traffic circulation and control;

• Encourage development of an economically stable and healthful community;

• Provide for the harmonious development of the Town in keeping with its rural and riverfront character;

• Ensure adequate utilities;

• Prevent periodic and seasonal flooding by providing protective flood control and drainage facilities;

• Provide for management and/or protection of water resources.

• Provide public open spaces for recreation and recreation facilities;

• Provide for a coordinated design pattern of streets;

• Ensure land is subdivided with the installation of adequate and necessary physical improvements;

• Conserve valuable and scenic natural resources;

• Ensure that the citizens and taxpayers of the Town of Malabar will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the developer of adequate and necessary physical improvements; and

• Encourage a high degree of quality in subdivision developments;

• Ensure to the purchaser of land within a subdivision that necessary improvements of lasting quality have been provided by the developer;

• Promote the public health, safety and general welfare of the Town.

B.

Conformance Required. No subdivision of a tract of land anywhere in the incorporated area of the Town of Malabar shall be created except in conformance with this Ordinance. No subdivision shall be platted or recorded nor shall any building permit or other development order be issued unless the subdivision meets all the applicable laws of the Town and State of Florida and has been approved in accordance with the requirements of the Town of Malabar as herein established.

C.

Adjustments. After consideration and recommendation by the Planning and Zoning Board the Town Council may authorize adjustments from this chapter [Code] when in its opinion undue hardship may result from strict compliance. In granting any adjustment, the Town Council shall prescribe only conditions that they deem necessary to or desirable for the public interest. In making its findings, the Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic, the public health, safety and convenience conditions in the subdivision and in the vicinity thereof. A fee schedule for review and consideration of plats may be established by resolution of the Town Council.

D.

Recording of Plats. No final plat of any subdivision shall be recorded in the Office of the Clerk of the Circuit Court of Brevard County until the subdivision shall have been approved in the manner prescribed herein. If any such plat is recorded, the Town Council will request that it be stricken from the records.

E.

Unlawful Sale or Transfer of Property. It shall be unlawful for anyone who is the owner or agent of the owner of any land in the Town of Malabar to transfer, sell, agree to sell, convey, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a major subdivision of such land without having recorded an approved subdivision plat as required herein. If such unlawful use is made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775.082 or Section 665.083, Florida Statutes.

F.

Building Permits Subject to Final Plat Approval and Recording. No building permit shall be issued nor shall any Town services be rendered until a final plat for such impacted land has been approved and recorded pursuant to requirements herein stipulated.

G.

Effect on Previously Platted Subdivisions. This chapter [Code] shall not apply to any land forming a part of a subdivision created and recorded prior to adoption of this Ordinance, but it shall apply to any resubdividing of each prior subdivision and any new subdivision.

H.

Effect on Active Subdivision Development. Developments which have received preliminary plat approval prior to adoption of these regulations and are recorded within 180 days following adoption shall be exempt from the requirements for subdivision approval as stated herein. Such developments not having received preliminary plat approval shall be subject to the regulations as stated herein.

I.

Relationship of Deeds, Covenants, and Other Private Restrictions to the Regulations for the Subdivision of Land. It is not intended by the provisions of these regulations to repeal, abrogate, annul, or in any way, impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement. If this Code imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this article [Code] shall apply.

(Ord. No. 06-06, § 1, 3-6-06)

A.

Staff Administrative Review Responsibility. The Town Clerk, Town Building Official and other designated staff or consulting professional acting under the direction of the Town Council shall administer the provisions of this Ordinance.

B.

General Responsibility of Planning and Zoning Board and Mandated Compliance with Comprehensive Plan and Zoning. Prior to the approval of any proposed subdivision, the area to be subdivided shall be determined by the Planning and Zoning Board to be consistent and in compliance with the Comprehensive Plan and zoning policy applicable to the land and use under consideration.

C.

Burden of Proof and Other General Responsibilities of Applicant. The burden of proof of all applications, plans, plats, reports, tests, compliances, dedications, existence of agreements, liens, mortgages, surety, and other pertinent documents and instruments shall rest with and be the responsibility of the applicant or his duly authorized agent as prescribed in these regulations.

D.

Hold Harmless Provision. The owner and/or developer shall furnish to the Town Council a waiver, release and hold harmless from all liability and responsibility including provisions for indemnification for any and all damages or losses caused directly or indirectly by the breakdown, collapse or failure to any buildings, installations or structures constructed or installed in connection with the applicable development or project.

E.

Town Council to Hear Appeals of Recommendations and Decisions of Town Staff. Land development regulations and interpretations or decisions of the Town staff may be appealed to the Town Council. If the Town Council determines that the specific regulations or decisions in question create an unusual, exceptional or unnecessary hardship or injustice upon the applicant, the Town Council may grant an exception to these regulations.

F.

Appeals of Town Council Action. Any applicant, person, firm or corporation claiming to be injured or aggrieved by a final action of the Town Council may present to the Circuit Court of Brevard County a petition for a writ of certiorari to review such final action as provided by the Florida appellant rules. Such petition shall be presented to such Court within thirty (30) days after the date of such final action by the Town Council. The recommendations and decisions of staff as well as Boards, Commissions and Committees shall not be deemed to be a part of this final action of the Town Council.

(Ord. No. 06-06, § 1, 3-6-06)

It shall be the duty of the subdivider to consider the following before seeking subdivision approval:

(1)

The availability of arterials, collectors, and local streets to adequately serve the needs of the proposed development.

(2)

Whether the proposed area for development can be served by public utilities without excessive costs for utility extensions beyond presently developed areas.

(3)

Whether the proposed development conforms with the master storm drainage system of the Town.

(4)

Whether the proposed development will be in accordance with the latest approved and effective Town land use policies.

(Ord. No. 06-06, § 1, 3-6-06)

(a)

The Town shall recognize and promote the protection of threatened and endangered species identified by the most recent listings of the state department of environmental protection and the United States Fish and Wildlife Service.

(b)

For those proposed development sites in the Town characterized by habitats for threatened and endangered species, the applicant shall submit an inventory of the existing vegetation and wildlife species. The inventory shall be prepared by a professional qualified for such.

(c)

If it is determined that critical habitat is present, the applicant shall coordinate with the state department of environmental protection and any other appropriate agency to determine the minimum size of habitat needed by the identified species, the tolerance level of the identified species, the tolerance level of the identified species to habitat disturbance, and the need to preserve specific resources. The findings may result in conditions for subdivision approval that preserve and protect the habitat.

(d)

When one (1) or more of a threatened or endangered species is found on a proposed development site, development activities which may cause either direct or indirect harm to the species or their habitat shall not be allowed until a management plan has been approved by the Town. The management plan shall be prepared by the applicant and shall be subject to the review and recommended approval of the Planning and Zoning Board and approved by the Town Council prior to the commencement of any development activity.

(e)

When one (1) or more threatened or endangered species is documented to be present on a development site during the course of construction of a subdivision, all activities which may harm the individual species or their habitat shall cease. The Town shall notify the appropriate agencies for site-specific evaluation and to determine the preservation requirements for the maintenance of the individual species and habitat. The requirements shall be incorporated into a management plan recommended for approval by the Planning and Zoning Board and approved by the Town Council, and the subdivision plat shall be revised to be consistent with the management plan.

(Ord. No. 06-06, § 1, 3-6-06)

A.

Pre-Application Conference. There shall be a pre-application conference held for all projects requiring subdivision plat approval. The applicant for subdivision approval meet with the Town staff and/or designated Town consultants (collectively hereinafter referred to as staff) to discuss, informally, preliminary studies and sketches and their relationship to these regulations. This procedure is mandatory.

1.

Following the scheduling of the pre-application conference the Town shall provide the applicant the subdivision plat requirements to assist the applicant in preparing a conceptual subdivision plat for the conference.

2.

A fee as determined by resolution of the Town Council shall be remitted by the applicant to the Town prior to the pre-application conference.

3.

The purpose of the pre-application conference is to discuss basic concepts, the layout of the project, location of utilities, traffic considerations, any potential problems with the site, tree preservation and landscaping, wetlands and plans for preservation or mitigation, habitat of endangered and threatened vegetative and/or wildlife species, and any questions the applicant may have concerning the site, the requirements for subdivision plat submittal, or the preliminary plat requirements. Following the conference, the applicant should be sufficiently prepared to submit a detailed preliminary plat which will be functional, adequately address all issues and requirements of the pre-application conference, and comply with the preliminary plat requirements.

4.

The applicant shall have available five copies of the proposed subdivision plat at the pre-application conference. The proposed plat shall be legible and shall contain sufficient detail for the Town staff to provide input to the applicant. The sheets comprising the subdivision plat are not required to be signed and sealed for the pre-application conference. At a minimum, the following exhibits shall be required at the pre-application conference:

a.

A location map showing the relationship of the proposed subdivision to existing and proposed streets and other community facilities and the total ownership of the subdivider in that vicinity.

b.

General information on existing site conditions and physical characteristics, adjacent community facilities and public utilities, and surrounding property conditions.

c.

A general description of the proposed subdivision, including proposed number of lots and lot widths and depths.

d.

A drawing showing the proposed pattern of streets, lots, and stormwater conveyance, retention/detention and treatment facilities in relation to existing conditions of the site and its surroundings.

e.

The general type of vegetation existing on the site, including major trees and tree clusters, soil types, and the location and characteristics of wetlands, if present.

5.

After the pre-application conference has occurred, the plans for the proposed subdivision concept shall be submitted to the Planning and Zoning Board for conceptual review, the Planning and Zoning Board shall recommend to the Town Council approval or denial of the proposed subdivision. This process shall not be construed as a substitute for preliminary or final plat approval.

6.

After review and recommendation of the plans for the proposed subdivision concept by the Planning and Zoning Board the plans for the proposed subdivision shall be reviewed by the Town Council for conceptual approval or denial only. Conceptual approval of the Town Council shall in no way be construed as preliminary or final plat approval of the subdivision and it is not a substitute for submitting a preliminary and final plat. If the Town Council rejects the plans for the proposed subdivision concept, such rejection shall be with out prejudice to the applicant and the applicant may proceed with submission of a preliminary plat pursuant to subsection B.

7.

Formal submittal of the preliminary subdivision plat is required within ninety (90) days following the conceptual determination of the Town Council. Failure to submit within this timeframe may require an additional pre-application conference with repayment of fees.

B.

Preliminary Plat Submittal Requirements.

1.

An application for preliminary plat review of a subdivision shall be filed with the Town no later than the last Friday of any month preceding a regularly scheduled planning and zoning meeting. The number of required copies of the preliminary plat as determined by the Town staff shall be submitted to the Town staff at the time of application.

2.

A fee as determined by resolution of the Town Council shall accompany each application for preliminary plat review.

3.

All preliminary plats shall be prepared by a land surveyor registered and licensed in the state. All engineering exhibits shall be prepared by a professional engineer registered and licensed in the state.

4.

Each sheet of the preliminary plat shall be the same size and shall be no larger than twenty-four (24) inches by thirty-six (36) inches. The sheets of the preliminary plat shall be numbered consecutively, attached together, and folded.

5.

Two (2) signed and sealed certified surveys, not more than one (1) year old, by a land surveyor registered and licensed in the state shall be submitted for the property which is the subject of the preliminary plat application and, if applicable, any area encompassing off-site improvements. The survey shall be at a scale of one (1) inch equals not more than one hundred (100) feet and shall be submitted on sheets not more than twenty-four (24) inches by thirty-six (36) inches.

6.

For those sites which have existing trees, the applicant shall provide a tree survey in accordance with Article XV.

7.

An affidavit or other document approved by the Town shall be submitted by the owner of the subject property or by the owner's agent making application for preliminary plat approval. The affidavit shall state the applicant is the owner or the owner's agent of the land which is the subject of the application and that all land shown on the preliminary plat will be committed and dedicated to the use for which the preliminary plat application is being made. The affidavit or other document approved by the Town shall be witnessed by two persons and acknowledged by a notary public so as to be recordable with the Clerk of the Circuit Court of the County. When the affidavit is submitted by the owner's agent, a notarized letter authorizing the agent to represent the owner shall be required.

8.

An eight and one-half (8½) inch by eleven (11) inch transparency of the preliminary plat shall be submitted.

9.

Failure by an applicant to submit a preliminary plat meeting all submittal requirements as set forth in this chapter shall be grounds for the Town staff to reject the preliminary plat application.

C.

Preliminary Plat Procedures. The purpose of the preliminary plat is to present the proposed subdivision in an exact and precise manner in order that it may be evaluated pursuant to this Code. The preliminary plat shall be completed and approved by Town Council prior to construction of the improvements required by these regulations.

1.

Preparation of Preliminary Plat. The applicant shall retain the services of a civil engineer and/or land surveyor registered in Florida to prepare a preliminary plat of the proposed subdivision. The plat shall be clearly and legibly drawn or reproduced at a scale no smaller than one (1) inch equals two hundred (200) feet (1" = 200') and shall include the following information:

a.

Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated area of the Town.

b.

A vicinity sketch at a scale no smaller than one inch = two thousand feet (1" = 2,000 ft.), showing the location of the boundary lines and distance of the land proposed for subdivision in reference to other areas of the Town. The section, township, and range of the site and the legal description of the site shall also be included. Total project acreage and current zoning shall be included.

c.

North arrow graphic scale, and date of preparation. The scale shall be approved by the Town, but in no case shall such scale be smaller than one (1) inch to two hundred (200) feet.

d.

Name, address and telephone number of the applicant, owner of record, mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such owners, or others having an interest in the land that they will join in the dedication of the proposed subdivision.

e.

The name, business address, and registration number of the engineer and/or surveyor responsible for the plan, plat and supporting data.

f.

The names of adjacent subdivisions, if any, and plat book and page reference, together with the names of owners of record having an interest in such adjacent acreage.

g.

A contour map showing ground elevations at intervals of not more than one (1) foot, based on United States Coastal and Geodetic Survey datum, of the area to be subdivided and of a perimeter strip at least fifty (50) feet and up to one hundred and fifty (150) feet in width around the area as required by the Town. Topographical conditions on the subject subdivision including all the existing water courses, drainage ditches and bodies of water, marshes and other significant, natural or man-made features.

h.

The name, alignment, and width of all existing and proposed streets, alleys, rights-of-way, or easements, adjacent to, or within three hundred (300) feet of the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary.

i.

All existing and proposed property lines, easements and rights-of-way, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks.

j.

Access points to collector and arterial streets showing their compliance to the access requirements established by this Ordinance.

k.

All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided.

l.

Utilities such as telephone, power, water, sewer, gas, etc., on or in the vicinity of adjacent to the tract including existing or proposed water treatment plants and sewerage treatment plants. The preliminary plat shall contain a statement that all utilities are available and have been coordinated with all required agencies utilities.

m.

Sites proposed for parks, recreational areas, and schools.

n.

The locations of all temporary structures or permanent structures having a temporary use. Permanent structures having a temporary use shall contain a statement outlining the temporary use.

o.

If the property to be subdivided borders upon any public waters, then the applicant shall establish the mean high water line and so delineate it on the plat. The applicant shall provide a plan for stabilizing the shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to the DER and the Town. The zone of transition along the shoreline shall also be designated together with plans for preserving native indigenous plant communities within the zone of transition.

p.

The preliminary plat shall include a mathematically closed boundary. Permanent reference monuments shall be shown and subsequently installed at all block corners, and at all points of reverse or compound curvature, and at all points of tangency occurring within block limiting lines.

q.

Block perimeters returns at block corners or other block line intersections shall be stated in terms of tangent distances of five (5) foot intervals, with a minimum tangent distance of twenty (20) feet.

2.

Required Supplemental Information. The following information shall be submitted with the preliminary plat:

a.

Existing Land Use Policy and Proposed Policy Changes. Submit existing comprehensive plan designation and zoning classification of the property in question. Any proposed change in such classifications shall be made known to reviewing bodies by presenting proof indicating that any required applications and fees for attaining such policy changes have been submitted.

b.

On Site Wastewater Disposal Data. When a public sewage disposal system is not available, the suitability of the soil to support on site disposal shall be determined by the Brevard County branch of the Florida State Division of Environmental Health and a report of its findings shall be submitted to all reviewing bodies. An adverse report by the Brevard County branch of the Florida State Division of Environmental Health shall be deemed as sufficient grounds for disapproval of the proposed subdivision or portion thereof. Any subdivision being denied on such grounds shall not be reconsidered until the requirements of the Florida State Board of Health are met.

c.

Surface Water Management Plan. A master storm water management plan outlining the primary and secondary drainage facilities needed for the proper development of the subdivision, shall be submitted as part of the subdivision application. The master surface water management plan for the subdivision shall comply with all applicable requirements of the Surface Water Management performance criteria set forth in Article VIII of this Code.

d.

Traffic Impact Analysis. A subdivision application shall contain a traffic impact analysis pursuant to Section 1-10.2(D) [1-7.2(D)] if the subdivision generates sufficient traffic on the threshold identified in Section 1-7.2(D). The traffic impact analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development and the phasing of improvements.

e.

Required Park Land and/or Facility Improvements. All preliminary plats shall comply with the park land and recreation facility standards of Section 1-17.1(H).

f.

Required Potable Water Improvements. All preliminary plats shall comply with the potable water supply and improvement requirements of Section 1-17.1(O) and 1-7.2(I) [1-7.2(H)].

g.

Required Wastewater Improvements. All preliminary plats shall comply with the wastewater improvement requirements of Section 1-17.1(P) and 1-7.2(I).

h.

Required Wetlands Protection. The preliminary plan shall comply with all requirements for wetlands protection in Section 1-7.2(G).

i.

Erosion and Sedimentation Control Improvements. All preliminary plats shall comply with the erosion and sedimentation control requirements of Section 1-17.1 and standards contained in Section 1-7.2(K) [1-7.2(J)].

j.

Reference to Required Specifications. Specifications for all required improvements, as they are to be incorporated, shall be submitted and shall be subject to the standards set forth in Section 1-17.2 herein.

k.

Schedule of Multiple Phases if Appropriate. If the proposed subdivision is of such size that its development will be undertaken in increments, those increments and their order shall be indicated. Where increments of high elevations are undertaken before those of lower elevation, ultimate storm water disposal courses in the lower increments must be concurrently developed.

3.

Engineering exhibits. Engineering exhibits shall contain the following:

a.

The location of existing and platted property lines, streets, buildings watercourses, transmission lines, sewers, bridges, culverts and stormwater facilities, water mains, Town boundary lines, and public utility easements.

b.

Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site including individual trees as defined in Article XV.

c.

If applicable, the location and characteristics of any wetlands present on the subject property and a proposed wetland preservation and/or mitigation plan to result in no net loss of wetlands.

d.

Existing contours based on coast and geodetic data, with a contour interval of two feet, or one-foot intervals if deemed necessary by the Town.

e.

Existing ground surface elevations and proposed street elevations. Calculation of the dirt balance showing excavated spoil and its disposition and/or the volume of imported fill dirt required.

4.

Filing Fee. Upon filing the preliminary plat with the Town Clerk, the applicant shall submit a fee which shall be determined by the resolution of the Town Council, payable to the Town of Malabar. The fee is not reimbursable but is to help defray the cost of administering and processing the preliminary plat. If more than one resubmittal of a corrected or revised preliminary plat is required by the Town staff or reviewing entity an additional fee shall be charged for each resubmittal as shall be determined by resolution of the Town Council.

5.

Review Procedures. The Town Building Official and/or designated Town consultants shall coordinate the review of the preliminary plat and supplemental information as to their completeness and specific conformance with this Ordinance and within a time period to be determined by resolution of the Town Council. The Town Staff shall inform the developer's engineer whether the plans and/or plat as submitted meet the general provisions of this Ordinance. The timing of review procedures and requirements governing the number of documents to be submitted and related fees, shall be determined by resolution of the Town Council.

a.

When the staff finds that the preliminary plat and required data do not meet provisions of this Ordinance, the applicant shall be so advised in writing as soon as practicable concerning what corrections or revisions are necessary to meet the provisions of this Ordinance. Upon receipt of such findings, the applicant shall make the corrections or revisions and resubmit the preliminary plat and required data to the Town for review of the amended plan. If the applicant chooses not to provide the corrections, revisions, or other information requested by staff, the Town shall at the request of the applicant forward the application to the Planning and Zoning Board accompanied by the staff's comments, including documentation of unresolved issues.

b.

When the Staff determines that the preliminary plat and required data meet the provisions of this Ordinance, such written recommendations shall be submitted to the applicant and the subdivision application will be scheduled for the next step or steps in the review process.

Similarly, if the applicant fails to provide satisfactory response to issues identified by staff, the applicant shall be allowed to appear on the agenda of the Planning and Zoning Board. In such case, written comments of staff shall be provided to the Board and the applicant and the subdivision application shall be forwarded to the Board.

c.

Subsequent to receiving a staff recommendation, the applicant shall be scheduled for the next available regular public meeting of the Planning and Zoning Board. Prior to the Board's review, the applicant shall submit copies of the preliminary plat and required data to the Town. The number of copies to be submitted and the timing of the procedure shall be established by resolution of the Town Council. The Planning and Zoning Board may consider the physical characteristics of the property, the availability of community services, traffic impact, economic impacts, appropriateness of the type and intensity of the proposed development, existing and future development, existing and future development patterns, zoning, relationship of the project to the Town's capital improvements program, or other such factors as may relate to the Comprehensive Plan or elements thereof. The Planning and Zoning Board shall make a recommendation on the development which shall be included in the public record of the subdivision hearing.

d.

Review by the Town Council.

1.

Upon completion of the review by the Planning and Zoning Board, the preliminary plat of a subdivision shall be reviewed by the Town Council. As part of the review, the Town Council shall hold a public hearing at which time comments of the applicant, the staff and the public may be heard. A minimum of fourteen (14) days' written notice of the public hearing before the Town Council shall be given to the applicant, and public notice of the hearing shall be published in a newspaper of general circulation in the county not less than seven days prior to the date of such hearing.

2.

The Town Council, as part of its review, shall ascertain that all requirements of this code and the requirements of any other relevant Town Ordinance have been met by the applicant with regard to the proposed preliminary plat. In addition, the Town Council shall also consider those specific standards, factors, and recommendations set forth for review by the Town staff and the Planning and Zoning Board.

3.

Following such public hearing and consideration, the Town Council shall vote to approve, approve subject to changes, or disapprove the proposed preliminary plat. The decision shall be based on but not limited to the technical comments of the review staff, the functional aspects of the preliminary plat, the requirements of this code, and the council's determination as to whether the applicant has sufficiently addressed the requirements of the preliminary plat as set forth in this chapter.

4.

If a preliminary plat is approved subject to changes, the Town Council may require the applicant to submit a revised preliminary plat to be reviewed at the next regularly scheduled council meeting or may direct the Town Administrator to ensure that all required changes are made to the preliminary plat. If the council chooses to review the revised preliminary plat, the council shall determine the date on which the applicant must submit the revised preliminary plat to the Town. In such case the applicant shall submit to the Town staff copies of the revised preliminary plat. The number of required copies shall be as determined by the Town Council. In addition to the revised preliminary plat, the applicant shall submit written responses to the Town staff's review comments.

5.

If the council directs the Town Administrator to ensure that all required changes are made on the preliminary plat, the applicant shall have fourteen (14) days in which to submit the revised preliminary plat to the Town. In such case the applicant shall submit seven copies of the preliminary plat to the Town. In addition to the revised plat, the applicant shall submit written responses to the Town staff's review comments.

6.

Failure to submit revised preliminary plats according to the time schedule set forth in this section shall be grounds for denial.

7.

If the preliminary plat is denied, the applicant shall have the option to resubmit an application pursuant to all requirements, including payment of fees, as set forth in this chapter.

e.

When a proposed development is a Development of Regional Impact (DRI) as defined by F.S. § 380.06, the additional public hearing requirements for a DRI shall be followed simultaneously. Copies of all plans, reports, maps and other documents required by the regional reviewing agency shall be submitted to the Town Clerk if the proposed development is a DRI. The number of copies shall be determined by resolution of the Town Council.

f.

Use of Preliminary Plat Following Approval.

1.

Approval of the preliminary plat shall authorize the subdivider to exercise either of the following options prior to submitting the final plat:

a.

Construct Improvements Prior to Final Plat Recording: Prepare engineering plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the Town and install all required improvements in accordance with the approved plans and specifications. The subdivider shall also comply with section D.5.d. of this section. All work, as installed, shall be inspected and subject to the approval of the Town; or

b.

Record Final Plat Prior to Constructing Improvements: Prepare engineering plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the Town and provide a performance, material, and labor payment bond or escrow agreement acceptable to the Town. The subdivider shall also comply with section D.5.e. of this section.

2.

Approval of the preliminary plat shall not be construed as authority for filing or recording of the plat with the clerk of the circuit court of the county nor as authority for the sale of lots in reference thereto.

3.

Failure of the subdivider to obtain approval by the Town of all the requirements of the method chosen as provided for in subsection (a) of this section within one (1) year of preliminary plat approval shall cause the approval of the preliminary plat to become null and void.

g.

[Review Time.] The Town Council may by resolution shorten or extend the review time for development reviews generally, and direct such shortening or extension for any given application, if the Town Council determines that such action is necessary and proper to the orderly and efficient processing of land development applications.

6.

Engineering Plans.

a.

Following approval of the preliminary plat and prior to construction and/or final platting of a subdivision, five sets of final engineering plans shall be submitted to the Town for review. Engineering plans shall be approved by the Town prior to the construction phase or prior to final plat approval of a bonded project.

b.

The engineering plans shall be prepared by a professional engineer registered and licensed in the state. Each sheet of the engineering plans shall be signed by and shall bear the seal of such engineer.

c.

Each sheet of the engineering plans shall be the same size and shall be no larger than twenty-four (24) inches by thirty-six (36) inches. The sheets of the engineering plans shall be numbered consecutively and attached together.

d.

The scale of the engineering plans shall be one (1) inch equals not more than sixty (60) feet.

e.

The engineering plans shall designate the location of all water, and sewer lines within existing easements or rights-of-way held by the Town or within proposed rights-of-way or easements as depicted on the preliminary plat. The Town specifically reserves the right to designate and approve the location of water and sewer lines within such easements or rights-of-way. All proposed improvements shall conform to the Town specifications as set forth in the Code.

f.

The following are required to be shown on the final engineering drawings:

1.

The location of all proposed water and, sewer, facilities, both on site and off site, including size and grades, main and/or line routes, line sizes, manholes, fire hydrants, service connections, valves, laterals, force mains and lift stations. Standard details for the water and, sewer, systems, including type of pipe, service connections, manholes, fire hydrants, force mains and lift stations, shall be provided. The water system shall be sized so as to provide adequate fire protection in compliance with the recommendations of the National Fire Protection Association.

2.

A surface and stormwater drainage system, including location and elevation of all structures and culverts with sizes and grades and typical cross sections of drainage facilities, canals, and waterways.

3.

Sidewalks, including location, elevations, and typical cross sections.

4.

Streets, including plan and profile views, typical cross sections of proposed grading, and pavement and curbing details with compaction under pavement.

5.

Bulkheads, if applicable.

6.

If deemed necessary by the Town, subsurface conditions of the parcel, including the location and results of tests performed to ascertain the conditions of subsurface soil, rock, and groundwater, and the existing depth to groundwater.

7.

The location of stormwater retention/detention facilities with sizes, grades, and cross sections and stormwater retention/detention calculations utilizing the applicable permitting agency's requirements. The proposed facilities shall show the effect, if any on the Town's existing conveyance system and structures.

8.

Lot grading plan. Showing no runoff to abutting properties.

9.

Cross sections showing the proposed layout for all private utilities which hold franchise agreements with the Town, including electric, telephone, gas, and cable television.

10.

Location of all traffic control devices, markers, and required signs, including stop signs, traffic signals, crosswalks, street signs, and the like.

g.

The Town staff shall review the engineering plans and shall provide written comments to the applicant regarding compliance with code requirements and the technical aspects of the plans.

h.

If changes to the plans are required, five (5) sets of revised plans shall be submitted to the Town. In addition to the revised plans, the applicant shall submit written responses to the Town staff's review comments.

7.

Concurrency, Outside Agency Permits and Off-Site Easements.

a.

Following approval of the preliminary plat and prior to construction or prior to bonding for the final plat, the subdivider shall submit proof of concurrency for capacity of all applicable facilities.

b.

Following approval of the preliminary plat and prior to construction or prior to bonding for the final plat, the subdivider shall submit copies of all required outside agency permits and recorded copies of any off-site easements which may be required for construction.

c.

No permit for improvements shall be issued or construction allowed within a subdivision and no bonding shall be accepted for a subdivision unless and until all documents and permits required by this section have been submitted to and accepted by the Town.

8.

Temporary Structures. Subdivision preliminary plats showing temporary structures or permanent structures having a temporary use shall be reviewed by the Town staff within eighteen (18) months from the last approval date. Following approval of a preliminary plat subdivision master plat or site plan, such approved temporary structures may be erected prior to plan recording. All Town permit requirements, including but not limited to Town zoning regulations governing temporary structures, land clearing, excavation and pond construction, as amended, shall be satisfied. A mobile home may not be used as a temporary structure, except that mobile homes approved for use as temporary construction trailers, may be considered for exemption from the application of said definition when fully bonded to assure removal.

D.

Final Plat Procedures. As the final step in the review procedure for obtaining approval of a subdivision in the Town of Malabar, the developer shall have prepared and shall submit a final plat. No final plat shall be recorded until the required improvements have been installed or surety bond posted pursuant to Section 1-16.4.D.5.d.4. and 1-16.4.D.5.e. No such required improvements including streets, drainage and other required facilities shall be accepted and maintained by the Town, unless and until the same have been duly inspected and approved by the Town Staff, and have also been approved and accepted for maintenance by the Town Council. Prior to acceptance and approval of the required improvements the final plat shall be approved by the Town surveyor, Town Engineer and the Town Council and it shall be duly recorded by the Clerk of the Circuit Court who shall record only those final plats which have been so approved in accordance with this Ordinance.

1.

Fee for Final Plat. Upon filing application for final plat approval, the applicant shall pay to the Town of Malabar a processing fee, the amount of which shall be determined by resolution of the Town Council in order to help defray the cost of processing the final plat.

2.

Timing of Final Plat Submission. The subdivider shall be required to submit a final plat package a minimum of fifteen (15) days prior to a regularly scheduled meeting of the Planning and Zoning Board. Failure to submit the final plat within a specified amount of time shall require reapplication under the Preliminary Plat section of this Article. The timing of PUD final plat submittal requirements shall control in case of conflict with provisions herein set forth.

3.

Required Compliance. The final plat shall conform to the approved subdivision master plan, shall meet the legal requirements of platting as defined by F.S. Ch. 177, as amended, and shall consist of a fully executed correct plat map, meeting all State and Town standards, final engineering drawings and auxiliary submittals, and all required legal instruments. Notwithstanding, the final plat shall constitute only that portion of the approved preliminary plat and subdivision master plan which the subdivider proposes to record and develop within twenty-one (21) months.

4.

Content of Final Plat. The final plat shall be drawn or printed on 24 inch × 36 inch linen, chronoflex, mylar or other approved material. The final plat shall be prepared by a Florida Registered Engineer and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than 1 inch = 200 feet, or as otherwise determined by the Town. The final plat shall be prepared in accordance with the provisions of F.S. Ch. 177, as amended, and shall conform to the following requirements:

a.

Name of Subdivision. The plat shall have a title or name acceptable to the Town printed in bold lettering across the top of the sheet. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plan is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision.

b.

Title Block. The plat shall have a title block printed in bold legible letters containing the name of the subdivision; the name of the city, county and state; the section, township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or similar designation reflecting the same.

c.

Legal Description. A full and legal description of the land within the plat shall be lettered or printed upon the plat. The description shall show the section, township and range in which the lands are situated or if a land grant, so stated, and must be so completed that from it, without reference to the map, the starting point can be determined and the boundaries run.

d.

Index Sheet. If more than one (1) sheet is required for the map, the plat shall contain an index sheet on Page 1, showing the entire subdivision on the sheet indexing the area shown on each succeeding sheet and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. When more than one (1) sheet must be used to accurately portray the land subdivided, each sheet shall show the particular number of that sheet and the total number of sheets included, as well as clearly labeled match lines to each sheet.

e.

Required Survey Data. The final plat shall fully comply with F.S. Ch. 177, and shall show the length of all arcs together with central angles, radii, and points of curvature. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement, building line and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include:

i.

The scale, both stated and graphically illustrated, on each sheet.

ii.

A north arrow shall be drawn on every sheet including showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face or first page of the plat in the notes or legend.

iii.

The point of beginning shall be boldly shown together with the letters "P.O.B." in bold letters.

iv.

All intersecting street right-of-way lines shall be joined by the long chord of minimum radius of twenty-five (25) feet and all dimensions shall be shown.

v.

All adjoining property shall be identified by a subdivision title, plat book and page or if unplatted, the land shall be so designated.

vi.

Permanent reference monuments (P.R.M.) and permanent control points (P.C.P.) shall be shown in the manner prescribed by F.S. Ch. 177, as amended, and shall be installed prior to submission of the final plat.

vii.

There shall be reserved on each sheet of the plat a three-inch by five-inch space in the upper right-hand corner to be used by the Clerk of the Circuit Court for recording information and each sheet shall reserve three (3) inches on the left margin and a half inch margin on all remaining sides.

viii.

The map shall mathematically close within 0.01 feet and shall be accurately tied to all, township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter section corner or section corner or government corner.

ix.

The cover sheet or first page of the plan shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the Town or abutting unincorporated areas.

f.

Lot and Block Identification. Each lot and block shall be numbered or lettered. All lots shall be numbered in each block by progressive numbers individually throughout the subdivision in a clockwise direction starting at the northwest corner of each block of the subdivision. Blocks in each incremental plat shall be lettered consecutively throughout a subdivision in a clockwise direction starting at the northwesternmost corner of the subdivision.

g.

Street Names. The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the suffix street, avenue, boulevard, drive, place, court, or similar suffix. All proposed street names must be approved by the Brevard County, E 9-11 Department prior to final plat submittal.

h.

Not-included Parcels. "Not-included" or "excepted" parcels must be marked "not part of this plat." Where a not-included parcel is completely surrounded by areas included within the plat, sufficient easements or rights-of-way shall be provided for access, utilities, and drainage for the not-included parcel. 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 particular use or service. The intended use for all reserved areas shall be shown on the plat in note form on the cover sheet.

i.

Rights-of-way and Easements. All right-of-way and easement widths and dimensions shall be shown on a plat. The plat shall contain a statement that "no buildings, septic tanks or any kind of construction or trees or shrubs shall be placed on easements without written approval of the Town Council."

j.

Restrictions, Reservations and Restrictive Covenants. Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces, odd-shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and such covenants shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted with the final plat.

All plats and replats submitted to the Town on or after July 1, 2021, shall contain the following plat note:

Right to Repair Private Roadways: All roads, streets, and right of ways in the subdivision are private and are not required to be maintained, repaired or replaced by the Town. Such maintenance, repair and replacement is the responsibility of the subdivision community association. The Town of Malabar shall have the right, but not the obligation, to maintain, replace and repair any private roadways within the Property and associated rights of way, and improvements thereon. The Town may use the Special Assessment powers provided for in the Declaration to pay for such maintenance; provided, however, that the Town shall not be required to obtain any approval of the Members before instituting such Special Assessment. Any Owner who does not pay a special assessment assessed against such Owner's Lot pursuant to this subsection may have a lien placed upon their property, which lien shall be superior to any other lien prescribed by the Declaration and F.S. ch. 720, and may be enforced as provided by law. In the event the Town does undertake the task of maintaining, replacing and/or repairing said private roadways and/or rights of way, including any improvement thereon, the Association does hereby assign to the Town any and all assessment rights to collect and retain Special Assessments instituted pursuant to this subsection as they become due and to exercise such right as provided herein until the Town receives full reimbursement, including any costs, expenses and attorney's fees incurred for any such repair, replacement and/or maintenance, including such costs, expenses and attorney's fees incurred in enforcing the Town's rights as provided herein.

The Town shall not be responsible to the Association, Owner, or any other person or entity as a consequence of the determination not to exercise or of the determination to exercise any of the rights granted to the Town or for failure of the Town to perform any rights granted to the Town herein or by virtue of applicable law. No Owner shall be discharged from any obligations provided herein without the written consent of the Town. This subsection may not be amended without the written approval of the Town Council."

A similar provision shall appear in the subdivisions Restrictions, Reservations and Restrictive Covenants.

k.

Private Streets and Related Facilities. All plats and replats submitted to the Town on or after July 1, 2021, shall provide that streets, roads and right of ways and their related facilities shall be for private use. Private streets shall be permitted within property under single ownership, a property owners' association or a condominium or cooperative association as defined by Florida Law. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without recourse to the Town or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership.

l.

Certifications and Approvals. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law.

i.

Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication on the plat. All areas reserved for use by the residents of the subdivision as well as all areas reserved for public use, including but not limited to parks, rights-of-way for roads, streets or alleys, utility or drainage easements or rights-of-way, together with all other area lands to be used by the public or subdivision residents shall be dedicated by the owner of the land at the time the plat is recorded.

ii.

Mortgagee's Consent and Approval. All mortgages, along with the Mortgagee's Consent and Approval of the dedication shall be required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed in behalf of the corporation by the president or a vice president and the secretary or an assistant secretary, respectively, by and with the authority of the Board of Directors.

iii.

Certification of Surveyor. The plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat is a true and correct representation of the land surveyed under his responsible direction and supervision and that the survey data compiled and shown on the plat compiles with all of the requirements of this Ordinance and Chapter 177, Florida Statutes, as amended. The certification shall also state that permanent reference monuments, "P.R.M.," have been set in compliance with this Ordinance and F.S. Ch. 177, as amended, and the permanent control points, "P.C.P.," will be set under the direction and supervision of the surveyor within one (1) year from the date the plat was recorded.

When required improvements have been completed prior to the recording of a plat, the certification shall state the P.C.P.'s have been set in compliance with the laws of the State of Florida and Ordinances of the Town of Malabar.

When plats are recorded and improvements are to be accomplished under surety posted as provided for by this Ordinance, the required improvements and surety shall include installation of P.C.P.'s.

iv.

Town Engineer. The plat shall contain an approval and signature block for the Town Engineer.

v.

Mayor and Town Clerk. The plat shall contain an approval and signature block for the Mayor and the acknowledgment and signature block of the Town Clerk. Upon adoption of an Ordinance approving the plat, the Mayor shall execute the plat and the plat shall be presented to the Clerk of the Circuit Court by the Town Clerk for recording.

vi.

Certification of Title. A title certificate shall be contained on the face or first page of the plat. The title certification shall state:

(1)

That the lands as described and shown on the plat are in the name and apparent record title is held by the person, persons or organization executing the dedication,

(2)

That all taxes have been paid on said lands as required by F.S. Ch. 197.0151, as amended,

(3)

All mortgages on the land and indicate their official record book and page number. The title certification must be an opinion of an attorney at law licensed in Florida, or the certification of an abstractor, or a title insurance company licensed in Florida.

vii.

Instrument Prepared By. The name and address of the natural person who prepared the plat or under whose supervision it was prepared shall be contained on the plat as required by F.S. Ch. 695.24, as amended. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name), (address)."

m.

Existing or Recorded Streets. The plat shall show the name, location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances.

8.

Timing of Improvements and/or Posting of Surety. In addition to the foregoing requirements and items to be shown on the face of the plat, the final plat when submitted, shall be accompanied by a statement of the developer indicating whether the required improvements are to be constructed prior to the recording of the plat or after recording under guarantees posted with the Town as provided for in this Ordinance.

a.

Completion of Improvements Prior to Issuance of Building Permit. When the improvements are to be completed prior to the recording of the plat, it shall be expressly understood that no building permits shall be issued for any structure on a lot wherein the final plat has not been approved and recorded on [in] a manner prescribed in this Ordinance. The approval to construct required improvements shall not be construed as authority for the sale of lots in reference thereto.

b.

Surety. When the required improvements are to be completed after recording under guarantees, as provided in this Ordinance, the final plat upon submittal shall be accompanied by the following: A certified cost estimate shall be prepared by the applicant's engineer and shall include the cost of all required improvements and/or shall include contract bid for all work required to complete the required improvements. Such certified costs shall be subject to the approval of the Town Engineer.

c.

Additional Guarantees. Guarantees in the amount equal to one hundred twenty-five (125) percent of the sum of engineering and construction costs based on the applicant's engineer's estimate or contract bid prices. The guarantee shall be in one of the following forms:

i.

Cash deposit.

ii.

Personal bond with irrevocable letter of credit acceptable to the Town.

iii.

Surety bond (having a Best's rating of A:AAAA) from a firm licensed to do business in Florida.

d.

If the subdivider chooses to construct the improvements prior to final plat recording, the following exhibits shall accompany the final plat package. All exhibits shall be reviewed and approved by the Town staff prior to approval of the final plat.

1.

Five (5) copies of final as-built drawings prepared, signed, and sealed by a professional engineer or land surveyor registered and licensed in the state and showing the following:

a.

Potable water supply system, both on site and off site, including line sizes, service connections, valves, and fire hydrants.

b.

Sanitary sewer collection and pumping system, both on site and off site, including line sizes, manholes, laterals, force mains and lift stations.

c.

Culverts with size and grades.

d.

Sidewalks.

e.

Streets, including any off-site improvements.

f.

Location of all traffic control devices, markers, and required signs, including stop signs, traffic signals, crosswalks, street signs, and the like.

g.

Bulkheads, if applicable.

2.

A maintenance warranty bond in the amount of twenty (20) percent of the estimated construction cost, as approved by the Town, shall accompany the final plat if all improvements have been installed by the subdivider. Such maintenance warranty bond shall be from a company licensed as a surety in the state, listed by the U.S. Treasury Department, and rated A:AAAA in Best's Insurance Guide. A cash bond in the same amount as required in this subsection may be used by the subdivider in lieu of the maintenance warranty bond. The bond shall be for a period of two years and shall cover all improvements installed by the subdivider.

3.

A bill of sale shall be submitted by the subdivider conveying to the Town water, sewer, and reuse utility lines, mains, and lift stations and other personal property required to be installed in dedicated rights-of-way or easements or approved private rights-of-way in accordance with this chapter. A minimum 30' x 30' site for any sewage pump stations to be operated by Malabar shall be conveyed by warranty deed to Malabar.

4.

Submittal by the subdivider of instruments indicating that all necessary off site easements or dedications have been acquired. In lieu of originals, certified true copies will be accepted if the recording information from public records of the county is included thereon.

5.

For residential subdivisions, dedication of land by the subdivider to the Town for use as park or recreation areas or a payment to the Town in lieu of dedication of such land shall be required. The amount to be dedicated or the fee to be paid shall be determined in accordance with the requirements set forth in Article XVII.

6.

A full and complete copy of the proposed deed restrictions for the subdivision shall be submitted. The deed restrictions shall be approved by the Town Council prior to recording of the plat. The deed restrictions shall include a provision requiring the owners of property within the subdivision to notify and obtain the council's approval of any and all amendments or alterations to the deed restrictions. The deed restrictions shall provide a mechanism to assess and fund any needed repairs or replacements of commonly held assets.

7.

The certificate of completion and/or proof of acceptance of the construction of drainage, driveway connection, and utilities by all applicable outside agencies, such as the St. Johns River Water Management District, the state department of transportation, the state department of environmental protection, the county, and the Melbourne-Tillman Water Control District shall be submitted.

8.

If the developer has been permitted by the Town to bond sidewalks in lieu of installing them prior to obtaining final plat approval, a performance, labor, and material bond shall be filed by the developer.

e.

If the subdivider chooses to bond the project in lieu of constructing the improvements prior to final platting, the following is required at the time of submittal of the final plat:

1.

A guarantee by the subdivider of installation of the required improvements using one of the following methods:

a.

Filing of a performance, labor, and material payment bond by the developer or jointly by the developer and builder in the amount of one hundred twenty-five (125) percent of the estimated construction costs as determined by the Town for any portions not constructed, including water, sewer, streets and street drainage, sidewalks, and retention areas. Such performance, labor, and material payment bond shall be from a company licensed as a surety in the state, listed by the U.S. Treasury Department, and rated A:AAAA in Best's Insurance Guide.

b.

Depositing or placing in escrow a certified check, cash, or other acceptable pledge in the amount of one hundred twenty-five (125) percent of the estimated construction costs as determined by the Town. If the subdivider elects to provide an escrow agreement, he shall pay to the Town, for the administration cost of the escrow agreement, a sum of money equivalent to five (5) percent of the estimated construction costs.

2.

For residential subdivisions, dedication of land by the subdivider to the Town for use as park or recreation areas or a payment to the Town in lieu of dedication of such land. The amount to be dedicated or the fee to be paid shall be determined in accordance with the requirements set forth in this chapter.

3.

Final engineering plans.

f.

Following the completion of the requirements set forth in subsection D.5.e. of this section, the subdivider shall be required to install all of the required improvements within one (1) year of the final plat approval date. The Town Council, with justification provided by the subdivider, may extend the time for installation for a period not to exceed six (6) months. The Town may require an additional bond amount to guarantee installation if it is determined that the initial amount is no longer sufficient to fund the improvements.

g.

Upon completion of the installation of the improvements, the subdivider shall submit those requirements set forth in subsections D.5.d.1.—4., D.5.d.6.—8., of this section. Upon acceptance of all improvements by the Town, the performance, labor, and material payment bond shall be released.

h.

If the subdivider fails to install the improvements within the time periods set forth in subsection D.5.f. of this section, the Town shall be authorized to take such action to require the improvements to be installed, including forfeiture of the bond. If the bond amount is insufficient to fund all improvements, the subdivider shall be liable to the Town for the balance of the cost of the installation.

E.

Schedule of Development Phases. The applicant may schedule proposed development phases within any proposed subdivision. The scheduled development phases shall have been specified on the approved preliminary plat and shall be of such a size and design and be scheduled so that all portions completed at any time can exist independently as a subdivision in complete conformity with the requirements of this Ordinance. Any change in the schedule of phases must receive prior approval by the Town Council. If phased, the applicant shall have the option of requesting either final plat approval or the issuance of a certificate of completion on one (1) or more of the development phases in conformity with all the procedures and requirements of this Ordinance.

F.

Time Restriction on Development. The applicant may not apply for final plat approval on any portion of the approved preliminary plat which he does not propose to record and develop within the following eighteen (18) months. Failure to make application for final plat approval of a development phase or for the issuance of a certificate of completion for a development phase on an approved preliminary plat within a period of eighteen (18) months from the date of approval of the preliminary plat (or within eighteen (18) months of the final plat approval for a related phase of a multi-phase development) may result in revocation of said preliminary plat unless the applicant applies for an extension from the Town Council prior to the lapse. The request for extension must be made in writing to the Town Council a minimum of ninety (90) days prior to the scheduled expiration of the preliminary plat. The applicant must demonstrate good cause for the extension. The Town Council shall consider the request at a meeting and may extend the prescribed time period up to eighteen (18) months if the applicant presents evidence which demonstrates that the applicant has progressed in good faith toward implementing the preliminary plat.

G.

Submission of Final Plat. Upon completion of the foregoing requirements, four (4) prints of the final plat and two (2) reproducible mylars of the final plat shall be submitted to the Town Clerk and be accompanied by the following:

(a)

A statement indicating whether the required improvements are to be constructed prior to recording of the plat or after recording of the plat.

(b)

A check payable to the Town of Malabar, the amount of which shall reflect the fee for final plat approval, the amount to be based on the fee schedule determined by resolution of the Town Council.

(c)

A check made payable to the Clerk of the Circuit Court of Brevard County for recording the plat in the amount established by that office.

(d)

A copy of the homeowner's association or condominium documents if applicable. Such documents shall indicate the maintenance responsibility for the required improvements and shall provide for the formation of a special taxing district to assume maintenance responsibility for the required improvements in the event of the dissolution of the condominium or homeowners' association.

(e)

If the developer elects to construct the required improvements after recording the plat, the following shall be submitted:

(i)

A contract, executed in triplicate, between the Town and the applicant for the construction of required improvements in the form so titled and set forth in the Appendix of this Ordinance.

(ii)

Guarantees of one hundred twenty-five (125) percent of the amount defined in Section 1-16.4 H.2.

(f)

Supplementary material designated by the Town, i.e., deeds, easements, etc., when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service.

(g)

[Review procedures shall be as follows:]

1.

Review by Staff. The Town Engineer, Town Planner, Town Building Official and Town Administrator shall examine the final plat as to its compliance with the Ordinances of the Town of Malabar and shall in writing, within thirty (30) days, or at such other time as shall be determined by resolution of the Town Council, report their findings, recommendations or approval to the applicant. Such action shall be specified in writing.

a.

If any deficiency exists, a reference shall be made to the specific article or section with which the final plat does not comply. Any such deficiency shall be corrected by the applicant upon written notice.

b.

If the final plat meets the provisions of this Ordinance, complies with the Ordinances of the Town of Malabar, the Town Engineer shall recommend approval to the Town Council.

c.

No revisions shall be allowed to the final plat after it has received Town Council approval.

2.

Review Procedure Where Required Improvements Constructed Prior to Recording. Upon submittal of the reproducible final plat, certification and approvals contained on the plat shall be current and the plat shall be checked as required by this article prior to presentation to the Town Council for approval.

3.

Review Procedure Where Surety Posted. In the event the developer elects to record the plat prior to completion of the required improvements under guarantees as provided for in this Ordinance, the final plat shall be presented to the Town Council by the Town Attorney accompanied by appropriate legal instruments. See Appendices for legal forms of surety.

Upon approval by the Town Council the plat shall be submitted by the Town Clerk for recording in the Office of the Clerk of the Circuit Court.

H.

Final Plat Recording Requirements. The final plats for subdivisions, within the incorporated area of the Town of Malabar, shall not be recorded until the developer has installed the required improvements or has guaranteed to the satisfaction of the Town Council that such improvements will be installed.

1.

Completion of Required Improvements Prior to Final Plat Recording. In the event the developer exercises the right to construct and complete required improvements prior to recording of the final plat, the Town Staff shall have the right of entry upon the property to be platted for the purpose of inspecting and reviewing the construction of the required improvements during the progress of such construction. The applicant shall coordinate the construction with the Town Staff. When the required improvements are complete, the final plat along with the records and data as herein prescribed shall be submitted by the applicant to the Town Clerk as provided for in this article. When all requirements of this Ordinance have been complied with, the plat and a completion certificate, rendered on a form to be provided by the Town Clerk, shall be presented for review and approval to the Town Council by the Town Staff, not later than thirty (30) days after receipt of the completion certificate. Upon such approval, the plat shall be submitted by the Town Clerk to the Office of the Clerk of the Circuit Court for recording.

2.

Completion of Required Improvements After Recording of Plat. When the applicant desires to record the plat in lieu of prior construction of required improvements, the applicant shall file with the Town surety documents guaranteeing that such improvements will be installed. All guarantees shall be incorporated in a bonded agreement for the construction of the required improvements in the form prescribed in the appendix to this Ordinance. All agreements, guarantees and documents shall be subject to approval of the Town Attorney and Town Council. The guarantee shall be in one of the following forms unless an alternate irrevocable form is approved in writing by Town Attorney and is approved by the Town Council.

a.

Cash Deposit. The applicant shall deposit with the Town or place in an escrowed bank account subject to the control of the Town, cash in the full amount of one hundred twenty-five (125) percent of engineering and construction costs for the installation and completion of the required improvements. The applicant shall be entitled to receive all interest earned on such deposit or account. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this Ordinance the Town, after sixty (60) calendar days written notice to the applicant shall have the right to use such cash deposit or account to secure satisfactory completion of the required improvements; or

b.

Personal Bond with Letter of Credit. The applicant may furnish to the Town a personal bond secured by the unconditional and irrevocable letter of credit, in an amount equal to one hundred twenty-five (125) percent of the total estimated cost of engineering and construction for the installation and completion of the required improvements. The expiration date of the letter of credit shall be at least three (3) months following the date of certification of all improvements. The letter of credit shall be issued to the Town by a State of Florida or United States banking institution. Such letter of credit shall be in the form set forth by the Town Attorney and approved by the Town Council. In the event of default by the applicant or failure to the applicant to complete such improvements within the time required by this Ordinance, the Town, after sixty (60) calendar days written notice to the applicant, shall have the right to use any funds resulting from drafts on the letter of credit to secure satisfactory completion of the required improvements; or

c.

Surety Bond. The applicant may furnish the Town a surety bond obtained from a company having a Best's rating of A:AAAA, guaranteeing that within the time required by this Ordinance, all work required will be completed in full accordance with the plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bonded agreement. Said bond shall be in the amount equal to one hundred twenty-five (125) percent of the total estimated cost of engineering and construction for the installation and completion of all required improvements. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this Ordinance, the Town, after sixty (60) calendar days written notice to the applicant shall call on the bond to insure satisfactory completion of the required improvements.

(Ord. No. 06-06, § 1, 3-6-06; Ord. No. 2021-12, § 1, 9-27-21)