Construction methods shall be those prescribed in these regulations and those prescribed by: (1) the current Florida Department of Transportation Standards Specifications for Road and Bridge Construction; (2) the American Waterworks Association for Water Improvements Construction; and (3) the Water Pollution Control Federation for Wastewater Facilities Construction.

After submittal of the final plat and supplementary material, an applicant may construct the required improvements subject to obtaining all required permits. The Town Engineer shall be notified in advance of the date of commencement of such construction.

A.

Surveillance by Town Engineer. Construction shall be performed under the surveillance of, and shall at all times be subject to, review by the Town Engineer. However, this in no way shall relieve the applicant and his engineer of the responsibility for close field coordination and final compliance with the approved plans, specifications and the requirements of this ordinance.

B.

Construction Administration by Florida Registered Engineer. The applicant shall employ a Florida registered engineer for complete administration of the construction of the required improvements. The applicant shall require progress reports and final certification of the construction of the required improvements from such engineer be filed with the Town Engineer.

C.

Right to Enter. The Town Engineer or his duly authorized representative shall have the right to enter upon the property for the purpose of inspecting the quality of materials and workmanship and reviewing the construction of required improvements during the progress of such construction.

D.

Progress Reports. The applicant's engineer shall submit construction progress reports at point of progress prescribed by the Town Engineer. The applicant's engineer shall coordinate joint reviews of the construction with the Town Engineer.

E.

Stop Work Orders. The Town Engineer shall have the authority to stop the work upon failure of the applicant or his engineer to coordinate the construction of the required improvements as prescribed by this ordinance.

F.

Final Inspections. Upon completion of the required improvements the applicant's engineer shall give the Town Engineer not less than three (3) working days notice to make the final inspection of the required improvements, landscaping, and sign installations. The Town Engineer shall also have the authority to withhold or deny approval of Certificates of Occupancy relative to buildings and/or structures of a subdivision until the construction and installation of required improvements of that subdivision have been satisfactorily completed in accordance with the land development regulations as prescribed by this ordinance.

During construction, the applicant's engineer shall make such measurements, field tests and laboratory tests or cause them to be made to certify that the work and materials conform with the approved development plans and the provisions of this ordinance. The Town Engineer may require, at his discretion, tests and measurements which he deems necessary and which shall be performed at the expense of the applicant or his engineer.

The required improvements shall not be considered complete until a completion certificate along with the final project records, including "as built" drawings have been furnished to, reviewed and approved by the Town Engineer. The certificate shall be certified by the applicant's engineer stating that the required improvements were installed under his responsible direction and that the improvements conform with the approved construction plans and this ordinance. The applicant's engineer shall also furnish a copy of each of the construction plans on a high quality, durable reproducible material acceptable to the Town Engineer, showing the original design in comparison to the actual finished work and a copy of the measurements, tests and reports made on the work and material during the progress of the construction.

As a condition for the final release of the developer from his bond, or for the release of any cash securities deposited with the Town Clerk, the following must be furnished.

1.

A statement from the developer's engineer that all work has been completed in strict accordance with the approved development plan and appropriate specifications;

2.

Evidence by reference to plat book and page that the approved final plat has been filed;

3.

A statement from the Town Engineer that he has found the work to be in accordance with the general provisions of the development plan;

4.

The submission by the developer's engineer to the Town Engineer of a complete set of "as built" drawings together with operating manuals and parts lists for any mechanical installations made;

5.

A statement by the developer's surveyor that he has completed all the survey work required and that all indicated P.R.M.'s have been installed; and

6.

A release from the contractor, engineer, surveyor or any other person or persons performing any service or furnishing any material for the subdivision that they will not file a lien on the subdivision for nonpayment of service or material charges.

All required improvements for a project or each phase thereof shall be completed within eighteen (18) months from the date of preliminary plat approval. Time extensions for demonstrated good cause may be granted by the Town Council upon the recommendation of the Town Engineer. The applicant shall present a written request for extension to the Office of the Town Engineer. Each time extension shall not exceed one (1) year.

A.

Workmanship and Material Agreement. The applicant shall execute an agreement guaranteeing the required improvements against defect in workmanship and materials for one year after acceptance of such improvements by the Town Council. Said agreement shall be submitted to the Town Engineer along with the completion certificate and project records.

B.

Procedure for Accepting Dedications. The dedication of public space, parks, or the like on the plat shall not constitute an acceptance of the dedication by the Town. The applicant shall apply to the Town for acceptance of required improvements by the Town Council. It is the general policy of the Town not to accept any dedication of roads, streets, right of ways and travel easements and that such shall remain private and subject to private maintenance and repair. Any acceptance of a dedication shall be subject to the inspection and approval of the Town Engineer. Such acceptance shall occur only upon adoption of resolution by the Town Council which shall accept the subject dedications at such time as all improvements meet or exceed the standards set forth by this ordinance. The applicant's engineer shall furnish to the Town Engineer in writing a sealed and signed certificate stating that the required improvements have been completed in accordance with the approved plan therefor and comply with this ordinance and all other applicable codes. Should the Town accept such a road, street, or right of way dedication, the unit owners and subdivision association shall be responsible for any repair, replacement or maintenance and the provisions of Section 1-16.4 D.4.j will apply regarding the Town's obligations to repair, replace or maintain such road, street, or right of way and improvements therein.

C.

Recommendation of Town Engineer. The Town Engineer upon satisfactory completion, receipt of the applicant's engineer's completion certificate, affidavits from all contractors and others who furnished goods and services for the required improvements acknowledging payment in full therefor, and receipt of the agreement shall certify that the applicant has complied with all of the provisions of this ordinance and shall recommend to the Town Council the acceptance of the dedications and, when applicable, the maintenance of the required improvements.

D.

Acceptance by the Town Council. Upon recommendations by the Town Engineer the Town Council, by resolution shall approve the subdivision, the dedications on the plat and the maintenance of responsibilities of the required improvements.

E.

Developer's Failure to Complete Required Improvements.

1.

Premature Recording of Plats (or Where Applicant Fails to Complete Required Improvements). When a plat has been recorded and the applicant fails to complete the required improvements as required by this ordinance, the Town Council shall complete the required improvements under the guarantees provided by the applicant. In such case, the Town Council shall direct the Town Engineer to call upon the guarantees to secure satisfactory completion of the required improvements. Legal notice of such action shall be deemed to have been duly served upon posting via Certified Mail Return Receipt Requested. Upon the completion of construction of the required improvements, the Town Engineer shall report to the Town Council and the Town Council shall accept by resolution the dedications and maintenance responsibility as indicated on the Plat. In such cases, the remaining guarantees posted by the applicant shall be retained for a period of one year after completion in lieu of the agreement. Any defects occurring during this period shall be repaired using funds remaining in the guarantee.

2.

In Cases Where Plat Has Not Been Recorded. Where a applicant has elected to install the required improvements prior to recording of the plat and fails to complete such improvements within the time limitations of this ordinance, all approvals of the subdivision shall be null and void and the land shall revert to its original state. No reference shall be made to the plat with respect to the sale of lots or issuance of building permits, unless and until the plat has been resubmitted with all of the supplementary material and approvals as herein prescribed have been granted.

(Ord. No. 2021-12, § 2, 9-27-21)