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CHAPTER.5Chapter 5 PLATTING Art. I. In General Art. II. Waivers and Substitutions Art. III. Administration Art. IV. Prerequisites to Platting Art. V. Plat Preparation and Approval Art. VI. Previously Platted Subdivisions Art. Art. VII. Land Development Permit VIII. Sale or Transfer of Property ARTICLE I. IN GENERAL The purpose of this chapter is to provide a procedure for preparing plat documents consistent with development regulations of the City of Boynton Beach and to create documentation of physical characteristics of land proposed for development within the city. No person, firm, partnership, corporation or any other association shall subdivide a tract of land anywhere in the incorporated area of the City of Boynton Beach except in conformity with this chapter. No subdivision shall be platted or recorded nor shall any building permit be issued unless such subdivision or development meets all the provisions of this chapter and those of any applicable Laws of the State of Florida, and has been approved in accordance with the requirements as herein set forth, unless a waiver or substitution has been granted according to Article II of this chapter. (Ord. No. 96-55, § 1, 1-21-97) Editor's note--Ord. No. 96-55, Section 2, adopted January 21, 1997, repealed Article II. Exemption to Platting, Sections 1, 2, 3 and 4, and is hereby reserving said sections. ARTICLE II. WAIVERS AND SUBSTITUTIONS Sec. 1. Waivers. A. Eligibility. A waiver of the platting requirement may be considered when the land is to be divided into no more than two (2) contiguous lots and no more than three (3) regularly shaped areas are to be dedicated to the City of Boynton Beach (easements, tracts, parks, rights-of-way, etc.) and because: 1. Unusual conditions are created by ownership or development of adjacent lands, or 2. The land concerned is isolated or remote in its relationship to other platted or improved lands, or 3. The improvements and dedications existing on the land are substantially in accordance with the requirements of this chapter and if the waiving of the requirements for platting would not conflict with the purpose and intent of this chapter. B. Waiver application. Pursuant to Section 1 above, the developer shall submit an application for waiver of plat to the city engineer, who shall review the application and determine if one of the foregoing conditions exists and, upon affirmative determination, shall waive the requirement for platting. C. Appeal of waiver denial decisions. When the city engineer determines that an applicant is not eligible for a waiver to platting, the decision may be appealed to the City Commission as outlined in Chapter 1, Article VII. D. Requirements in lieu of platting. If platting is not required, a certified survey shall be submitted to the city engineer, who may require deeded rights- of-way and easements, reservations or improvements required in connection with platting under this ordinance, including the posting of surety to carry out the intent and purpose of this ordinance. (Ord. No. 96-55, § 3, 1-21-97; Ord. No. 02-033, §§ 3, 4, 8-20-02) Sec. 2. Substitutions. A. Eligibility. A boundary plat may be submitted when portions of an existing subdivision or parcels of land being assembled to create a single 2002 $-18 1 2 Boynton Beach Code developable property are of such simplicity or are surrounded by such development as to justify the waiving of the requirements for preparing a full replat. For the sole purpose of determining application fees, a boundary plat submittal shall be considered a pre- application submittal. B. Master plan waiver. The submission of a master plan for a boundary plat may be waived at the option of the city engineer. C. Specific boundary plat requirements. All provisions of FS 177 and this Land Development Regulation shall fully apply to every boundary plat including, but not limited to, those tangible improvements required in Chapter 6 not already in place. (Ord. No. 96-55, 8 3, 1-21-97; Ord. No. 02-033, 88 3, 4, 8-20-02) ARTICLE iii. ADMINISTRATION For the purpose of coordinating, enforcing and administering this chapter, the city engineer shall be deemed administrative officer. Information, advice or recommendations shall be rendered only by the city engineer, or his or her designee, following consulta- tion with the planning and zoning director. (Ord. No. 02-033, 88 3, 4, 8-20-02) ARTICLE IV. PREREQUISITES TO PLATTING Sec. 1. Approved master plan. Prior to consideration of any proposed platting or replatting under this chapter, master plan approval as outlined in Chapter 3 of Part lll, Land Development Regulations of the City of Boynton Beach, Florida must be obtained. For individual minor properties the master plan may be waived at the sole option of the planing and development director or his or her designee. (Ord. No. 02-033, 8 4, 8-20-02) Sec. 2. Pre-application (preliminary plat). The purpose of the optional pre-application procedure is to allow the developer and the planning and zoning director the opportunity to consult informally prior to the preparation of the plat and formal application. A. A written pre-application (letter request) shall be submitted to the planning and zoning director. The written pre-application shall consist of the following: 1. Four (4) copies of the written statement previously submitted with the master plan in accordance with city requirements. 2. Four (4) copies of the preliminary plat in accordance with city requirements. 3. A fee as adopted by the City Commission to help defray the cost of processing the preliminary plat. B. Upon receipt of the statement and fee, the planning and zoning director shall notify the city engineer of the need for plat review. (Ord. No. 02-033, 8 4, 8-20-02) ARTICLE V. PLAT PREPARATION AND APPROVAL Sec. 1. Preparation of final plat. To obtain approval for a subdivision in the City of Boynton Beach, the developer shall submit both a preliminary and a final plat to the city engineer, shall notify the planning and zoning director, and shall post surety as outlined in Section 2, paragraph A2, and Chapter 7, Article 1, Section 3, made payable to the City of Boynton Beach, together with restoration surety, as outlined in this Article, Section 2, paragraph A3, prior to placing final plat approval on a City Commission agenda. The preliminary plat shall meet requirements of the final plat, except that it shall 2003 S-20 Platting 3 be submitted without the required signatures and seals. It may also be submitted without maintenance and use covenants, condominium documents, deeds, or other legal documents not related to the survey or engineering design of the project. No improvements, including streets, drainage and the like, shall be accepted and maintained by the city unless and until the final plat has been approved by a professional surveyor and mapper, and the city engineer, as well as the City Commission; duly recorded; and all required improvements are completed, both public and private. A. Upon filing application for final plat approval, the developer shall pay a fee as adopted by resolution of the City Commission to help defray the cost ofprocessingthe final plat. In addition to the processing fee, the developer shall pay a fee equal to a percentage of the estimated cost of construction of improvements to defray the cost of administration of the subdivision. Said fee shall be as adopted by resolution of the City Commission, and shall be paid in full prior to placing final plat approval on a City Commission agenda. B. Failure to submit the final plat to the city engineer within six (6) months from the date of application shall require re-submittal. C. The final plat shall conform to the approved master plan. D. The final plat shall be drawn or printed on twenty-four by thirty-six (24 H 36) inch linen, chronoflex, mylar or other approved time stable material. The final plat shall be prepared by a professional surveyor and mapper currently registered in the State of Florida, and is to be clearly and legibly drawn with black permanent drawing ink or veritype process to a scale of not smaller than one (1) inch equals one hundred (100) feet, or as otherwise determined by the city engineer. The final plat shall be prepared in accordance with the provisions of Chapter 177, Florida Statutes, as amended, and shall conform to the following additional requirements: 1. INDEX. When more than a single sheet must be used to accurately portray the lands subdivided, the first sheet shall contain an index plus a map showing the entire subdivision delineating the number of the sheet where each portion is shown. Each sheet must show the particular number of that sheet, the total number of sheets included and clearly labeled matchlines to show where other sheets match or adjoin. 2. NAME OF SUBDIVISION. The plat shall have a title or name acceptable to the city. When the plat is a new subdivision, the name of the subdivision shall not duplicate nor be phonetically similar to the name of any existing subdivision. When the plat is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision. 3. PRIVATE STREETS AND RELATED FACILITIES. All streets and their related facilities designed to serve more than one property owner shall be dedicated to public use; however, private streets shall be permitted within property under single ownership such as a property owners' association, and shall be constructed in accordance with design requirements of public streets. 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 city or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership. 4. TITLE. The plat shall have a title 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 and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section, unit, replat, amendment, etc." 5. DESCRIPTION. Each plat shall show a full and detailed boundary description of the land embraced in the plat. The plat must be so complete that the starting point can be determined and the boundaries run without reference to the map. 2003 S-20 4 Boynton Beach Code 6. DEDICATIONS, CERTIFICATIONS AND APPROVALS. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by law, all being in the form set forth herein. a. Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication. All areas reserved for use by the residents of the subdivision shall be so dedicated. All areas reserved for public use, such as parks, rights-of- way for roads, streets or alleys, shall be so dedicated; easements for utilities, rights-of-way and easements for drainage purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. When the owner is a corporation, the dedication shall be signed on behalf of the corporation by the president or vice-president and the secretary or assistant secretary, respectively, as set forth in Sec. 1 .D.6.b. b. Mortgagee's consent and approval. All mortgages along with the mortgagee's consent and approval of the dedication are required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee(s) must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case a mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president or vice-president and the secretary or an assistant secretary, respectively, by and with the authority of the board of directors. c. Certification of surveyor. The plat shall contain the signature, registration number and official seal of the surveyor certifying that the plat complies with Chapter 177, Florida Statutes, as amended, and this ordinance. 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 P.C.P.'s. d. City approval. The plat shall be reviewed for conformity to F.S., Ch. 177, as amended, by a professional surveyor and mapper, either by or under contract to the city, and evidence of this review shall be shown on the plat. The plat shall also contain the approval and signature block and date for the mayor and the city engineer with the acknowledge-ment and signature of the city clerk. e. County approval. The plat, when required by the City Commission, shall also contain the date of approval of the board of county commissioners; the signature block of the chairman of the board; the signature block of the county engineer; and the acknowledgement and signature block of the clerk of the circuit court. f. Certification of title. A title certificate shall be contained on the face of the first page of the plat. The title certificate shall state: (1) Thatthe lands as described and shown on the plat are in the name, and that apparent record title is held by the person, persons or organizations, executing the dedication; (2) That all taxes have been paid on said lands as required by F.S., § 197.192, as amended; and, (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. 7. SURVEY DATA. The final plat shall show the length of all arcs together with central angles, radii, and points of curvature including, but not limited to, block corner radii. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement 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: 2003 S-20 Platting 5 a. The scale, both stated and graphically illustrated, shall be shown on each sheet. b. A prominent North arrow shall be drawn on every sheet included showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend. c. The point of beginning shall be boldly shown together with the letters P.O.B. in bold letters. d. All intersecting street lines shall be joined to form required safe sight comers pursuant to city standards, and all dimensions shall be shown. subdivision, then a tie to a Permanent Reference Monument from the parent plat is sufficient. If the subdivision is a re-subdivision of a part of a previously recorded subdivision, sufficient ties to controlling lines appearing on the parent plat must be provided to permit an overlay. The position and orientation of the plat shall conform to the Florida State Plan Coordinate System in the manner established by the City Engineer and prescribed in the Engineering Division's Design Handbook and associated forms. j. The cover sheet or first page of the plat shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city. e. All adjoining property shall be identified by a subdivision name, plat book and page or, if unplatted, the land shall be so designated. f. Permanent reference monuments shall be shown in the manner prescribed by F.S. Ch. 177, as amended. All information pertaining to the location of ~P.R.M. s" shall be indicated in note form on the plat. Permanent Control Points and Permanent Reference Monuments shall be designed and set as prescribed by F.S. Ch. 177, as amended. g. Reserve on each sheet of the plat a three by five (3 x 5) inch space in the upper right-hand comer to be used by the clerk of the circuit court for recording information. k. A complete legend of abbreviations shall be shown. 1. All lettering on the plat shall be at a minimum 0.10 of an inch in height. m. The plat boundary and all parcels shown on subdivision plats intended to be conveyed in fee title shall be delineated by solid lines. n. Lines intersecting curves shall be noted as radial or non-radial as the case may be. o. A note addressing any abandoned underlying lands or easements, including record information, shall be shown. h. The map shall mathematically close within one hundredth (.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 comer, section comer or government corner. i. The initial point in the description shall be accurately tied to the nearest quartersection comer or government comer. Each government comer being used shall be identified. If the subdivision being platted is a re-subdivision of a previously recorded p. Tabulation of survey data: (1) The use of tangent tables is not permitted. However, at the discretion of the City Engineer on a case by case basis, the use of a tangent table to reflect corner clip (safe sight) chords may be permitted if deemed necessary to meet requirements of neatness and clarity of the plat. Scale factors shall not be considered. Such tables, when permitted, must appear on the map sheet to which they refer and tangents shall be numbered consecutively through the entire presentation. (2) Curve data may be tabulated subject to the following conditions or exceptions: 2003 S-20 6 Boynton Beach Code (a) External boundary or centerline curve data may not be tabulated. (b) Where data is tabulated, a minimum of the arc length and the curve designation number or letter will be shown on the site. (c) Curve tables reflecting the tabulated data will appear on the map sheet on which the curves appear. 7.5. LOT AND BLOCK IDENTIFICATION. Each lot and block shall be numbered or lettered. All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block. Blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. 8. 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 modifier "street," "avenue," "boulevard," "drive," "place," "court," etc. 9. EXCLUDED PARCELS. Where an excluded parcel is completely surrounded by areas included within the plat, sufficient easements or right- of-way to provide necessary access, utilities, and drainage to the excluded parcel shall be provided. 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 of all reserved areas shall be shown on the plat in note form on the cover sheet. 10. EASEMENTS. The plat shall contain a statement that no buildings or structures shall be placed within easements. 11. 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. 12. WATERWAYS. Land which includes any existing or proposed private waterways shall be included on the original plat together with formal acceptance of maintenance by the subdivider, his grantees and assigns, for said waterways including vegetated littoral zones, and, further the duty, at their expense, of keeping same free of weeds, hyacinths, cloggage or other debris or noxious material. 13. PLANNED DEVELOPMENTS. All plats for planned developments shall be identified as to the type of development being platted. All planned unit developments shall contain "P.U.D." within the tile; all planned commercial developments shall contain "P.C.D." within the title; all planned industrial developments shall contain "P.I.D." within the title; or any combination thereof shall be identified within the title of the plat. 14. MOBILE HOME PARK SUBDIVISIONS. Mobile home subdivisions shall be in the proper zone for such development and prior to the submittal of the final plat and supporting data shall have the approval of the final zoning authority and shall meet all of the requirements of the zoning code. The dedication on the plat of a mobile home subdivision shall include the following additional provisions or wording equal hereto: "Said owner(s) hereby dedicate(s) the lots shown on the plat exclusively for mobile home or trailer parking and use incidental thereto, except as to the lots indicated for other purposes on the plat. Mobile home or trailer parking is prohibited everywhere except on the indicated lots. Areas indicated as parks or playgrounds are dedicated for the use of the owners of the lots shown on this plat." 2003 S-20 Platting 7 Mobile home subdivision plats shall conform to all the requirements of this ordinance and the requirements of Chapter 177, Florida Statutes, as amended. (Ord. No. 96-55, 8 4, 1-21-97; Ord. No. 02-033, 88 3, 4, 8-20-02; Ord. No. 03-018, 88 1-3, 6-3-03) Sec. 2. Submission of final plat. A. Upon completion of the foregoing requirements, six (6) copies of the final plat shall be submitted to the office of the city engineer and be accompanied by the following: 1. Four (4) sets of the construction plans approved for technical compliance and approved health department permits for sewer and water in accordance with city requirements; and 2. Surety guaranteeing that all work required that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, provided that no surety is required for sewage collection and transmission systems, water distribution systems and transmissions systems which will be conveyed to the city upon completion of their construction. Surety shall be in substantially the form and amount delineated in Chapter 7; and 3. Restoration surety in compliance with Chapter 7 in the amount of one hundred ten per cent (110%) of the engineer's certified cost for restoring the site to its original condition including, but not limited to, repair of access/haul routes; seed; sod; landscaping; drainage and utilities; and 4. A check payable to the City of Boynton Beach representing the fee described in Article V, Section 1.A hereinbefore; and 5. A copy of the property owners association documents. These documents shall indicate the maintenance responsibility for street lighting and shall provide for the formation of a special taxing district to assume maintenance responsibility for the street lighting system in the event of the dissolution of the property owners association; and 6. Supplementary material as required by the office of the city engineer, 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; and 7. A check payable to Palm Beach County in the amount of the plat recording fees. B. The city engineer, or his or her designee, shall examine the final plat as to its compliance with the constitution and statutes of the State of Florida and the ordinances of the City of Boynton Beach and shall in writing, within thirty (30) days, report his finding, recommendations or approval to the developer in writing. Reference shall be made to the specific article, section and paragraph with which the final plat does not comply. If deficiencies exist, they shall be corrected by the developer. If the final plat meets the provisions of this ordinance, and complies with the statutes of the State of Florida and the ordinances of the City of Boynton Beach, the city engineer shall submit the final plat to the City Commission for final plat approval. The City Commission may after its approval also require county approval prior to recording. (Ord. No. 96-55, 8 4, 1-21-97; Ord. No. 02-033, 88 3, 4, 8-20-02) Sec. 3. Final plat recording requirements. The final plat, signed and sealed, reviewed by a professional surveyor and mapper, signed by the mayor and the city engineer, and acknowledged by the city clerk, shall be presented to the Palm Beach County Clerk (or county engineer if county approval is required) to complete the formal recording process. (Ord. 02-033, 88 3, 4, 8-20-02) 2003 S-20 8 Boynton Beach Code ARTICLE VI. PREVIOUSLY PLATTED SUBDIVISIONS Sec. 1. Active subdivision development. A plat and/or improvement plans for a subdivision that has been approved under the subdivision regulations adopted by the City Commission on March 25, 1959, and amendments thereto, may be completed as approved under those regulations with respect to the approved plans and/or plat. Additions thereto which have not been approved shall be subject to the requirements of these land development regulations. Sec. 2. Reversion of subdivided land to acreage. The official records of Palm Beach County contain plats recorded prior to the adoption of these land development regulations governing development in the City of Boynton Beach. Such plats show areas within the City of Boynton Beach which have been platted as subdivisions, but which have either been partially improved or developed or remain unimproved or undeveloped. These areas, if fully or partially developed as platted, would not conform to the current needs of urbanization in the City of Boynton Beach as established herein. A. The Boynton Beach, Florida, City Commission shall have the power, on its own motion, to order the vacation and reversion to acreage of all or any part of such subdivision within the incorporated areas of the City of Boynton Beach, including the vacation of streets or other parcels of land dedicated for public purposes or any portion of such streets or other parcels. B. Such order of vacation and reversion of subdivision plats may only be made by the City Commission under the following conditions: 1. A plat of the subdivision was recorded as provided by law not less than five (5) years before the date of proposed reversion to acreage; and 2. In the subdivision or part thereof proposed to be reverted to acreage, not more than thirty-five per cent (35%) of the unimproved portion of the subdivision area has been sold as lots with sixty-five per cent (65%) left under one ownership. C. Prior to ordering such a vacation and reversion to acreage the City Commission shall hold a public hearing relative to the proposed vacation and reversion to acreage, with prior notice thereof being given by publishing in a newspaper of local circulation the date of and the subject matter of the hearing at least once within the two-week period preceding the date of such public hearing. At such public hearing, the vacation and reversion to acreage of subdivided land must be shown to conform to the comprehensive plan of the area and that the public health, safety, economy, comfort, order, and welfare will be promoted thereby. No owner of any parcel of land in a subdivision so vacated shall be deprived of reasonable access to or from such parcel to which such parcel has theretofore had access. Access after such vacation and reversion need not be the same as theretofore existing, but shall be reasonably equivalent thereto. D. The owner or owners of a subdivision subject to vacation and reversion to acreage may at their option vacate or abandon the subdivision or portion thereof, or may improve undeveloped rights- of-way or rights-of-way which have been partially improved at their cost and expense, provided such improvements comply with the provisions of this ordinance and are acceptable to the City Commission for maintenance. Sec. 3. Improvement of existing partially developed subdivisions not subject to vacation and reversion to acreage. The improvement of existing partially developed subdivisions not subject to vacation and reversion to acreage shall comply with the requirements of this ordinance and the following: 2003 S-20 Platting 9 A. ROAD AND STREET RIGHTS-OF- WAY. The existing right-of-way for local streets shall be considered sufficient, provided it is at least fifty (50) feet wide and the improvements comply with the fifty- foot typical section for road construction contained in city standards. If the existing right-of-way is less than fifty (50) feet wide, additional right-of-way shall be provided to make a total of not less than fifty (50) feet. B. EASEMENTS. Easements for proper drainage shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted, the width shall be adequate to accommodate drainage facilities plus twenty (20) feet on one side to permit equipment to enter for maintenance purposes. C. PLATTING. Compliance with platting sections of this ordinance are not required where the improvements are contained in existing platted rights- of-way and no additional right-of-way dedication is needed. Drainage rights-of-way and easements where a plat is not required shall be accomplished by separate instrument dedicating the easement and/or rights-of-way for such purposes. Sec. 4. Waiver. In portions of a subdivision which are not under the control or ownership of the developer, the city engineer may waive the additional right-of-way requirement set forth in paragraphs A through C of Section 3 hereinbefore, when it is shown to be impossible for the developer to acquire the required additional right-of-way. (Ord. 02-033, § 3, 8-20-02) ARTICLE VII. LAND DEVELOPMENT PERMIT A land development permit shall be required prior to commencement of construction of required improvements, except as provided in Chapter 6, Article I, Sec. 2. The land development permit shall be issued by the city engineer, in conjunction with approval of and agreement for construction of required improvements, and after formal approval of the final plat by the City Commission. The effective date of the land development permit shall be the date the city engineer signs it. The land development permit shall expire not more than twelve (12) months from the effective date, unless extended by the city engineer. As a final step in the review procedures to obtain development approval under this article, the developer shall have prepared and shall submit, prior to expiration of the technical compliance, a request for the land development permit. The application for the land development permit shall be accompanied by the required fee and the required number, as determined by the city engineer, of the following documents applicable to the subdivision or approved phase thereof: A. FINAL PLAT. Developments which are platting shall submit the final plat complying with Article V of this chapter, and a check for the plat recordation, payable to the Clerk of the Circuit Court of Palm Beach County, in the required amount. B. CERTIFIED SURVEY. Developments for which the requirement to plat has been waived pursuant to this chapter shall submit a check payable to the Clerk of the Circuit Court of Palm Beach County for the recordation of the survey. When construction plans are not required, the certified survey may be recorded without further review, provided, however, that the city engineer shall review any documents submitted in compliance with paragraph "C" below. C. MAINTENANCE AND USE DOCUMENTS AND OTHER DOCUMENTS. A copy of the maintenance and use covenants and any other documents required by the city engineer as a condition of Technical Compliance shall be submitted. The maintenance and use covenants shall include the maintenance responsibility for all common areas and improvements within the subdivision, and shall comply with all applicable requirements. 2003 S-20 10 Boynton Beach Code D. CONSTRUCTION PLANS AND SUPPLEMENTAL ENGINEERING INFORMATION. Construction plans shall conform with the plans which received Technical Compliance or, if modified, shall be accompanied by a written statement from the Developer% engineer which details, explains, and justifies the modifications. Construction plans shall comply with the requirements of Chapter 6 and, prior to issuance of a land development permit, shall have received all applicable approvals of requisite governmental agencies. E. DEVELOPER'S ACKNOWLEDGMENT OF RESPONSIBILITY FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS. The request shall indicate whether the required improvements are to be constructed prior to recordation or after recordation of the plat or survey. When the required improvements are to be constructed after recordation, the Developer shall submit a statement acknowledging responsibility for completion of said required improvements. The statement shall be in the form contained in the latest version of Engineering Division's Design Handbook, and shall be executed by all owners shown on the applicable final plat. The statement shall be accompanied by a guarantee for completion of required improvements, pursuant to Chapter 6. Said guarantee shall meet the applicable requirements of paragraph "F" below. F. GUARANTEES. All guarantees required pursuant to Chapter 6 shall be in one of the forms prescribed in the Engineering Division's Design Handbook or in an alternate form approved by the city attorney. The initial guarantee shall be in an amount equal to one hundred ten percent (110%) of the construction cost of the required improvements. The guarantee shall be in one of the following types: 1. Cash bond. Completion of the required improvements may be secured by cash deposited by the developer with the city or in an account subject to the control of the city in accordance with an agreement on such deposit or account. The developer shall be entitled to receive any interest earned on such deposit or account. 2. Letter of credit. Completion of the required improvements maybe secured by a clean irrevocable letter of credit issued to the city in accordance with the city letter of credit policy. The expiration date of the letter of credit shall be at least three (3) months after the completion date for construction of the required improvements pursuant to the initial land development permit of any subsequent extension thereto. 3. Performance or surety bond. Completion of the required improvements may be secured by a performance or surety bond obtained from a company acceptable to the city in accordance with the city policy on performance bonds. It shall guarantee that all work will be completed in full accordance with the approved land development permit. 4. Escrow deposit. Completion of the required improvements may be secured by an executed escrow agreement, between the Developer, a bank approved by the city, and the city as the third party beneficiary. The escrow agreement shall require that release of the funds, or any part thereof, shall be subject to city approval. (Ord. 02-033, §§ 2, 4, 8-20-02; Ord. No. 03-018, §§ 1-3, 6-3-03) ARTICLE Viii. SALE OR TRANSFER OF PROPERTY It shall be unlawful for anyone who is the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision to such land without having submitted a plan and plat of such subdivision for approval as required by this ordinance and without having recorded the approved subdivision plat as required. If such unlawful use be 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 775.083, Florida Statutes. 2003 S-20 Platting 11 The City Commission may bring injunctive action to enjoin such transfer, sale or agreement. Failure to comply with the provisions of this section shall not impair the title of land so transferred or affective validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within one year from the date of purchase thereof, be entitled to bring an appropriate action to void such sale or to bring action against the seller for any damage which he suffers as a result of the seller's unlawful act, or both. 2003 S-20 12 Boynton Beach Code