Sec. 654.110. - Procedure for approval and recordation of final plat.

(a) Title certification and real estate taxes. A final plat shall be accompanied by a title opinion of an attorney-at-law licensed in Florida or a certification by an abstractor or a title company, addressed to the City of Jacksonville and certified to a date within 30 days of submission, showing that record title to the land as described and shown on the plat is in the name of the person executing the dedication, if any, as it is shown on the plat and, if the plat does not contain a dedication, that the developer has record title to the land. The title opinion or certification shall also show mortgages not satisfied or released of record in accordance with F.S. § 177.041, other encumbrances, and a certificate from the developer's attorney, abstract company or the Tax Collector that taxes due and payable at, or prior to, the time the application for final approval or acceptance is filed have been paid. (b) Ownership of improvements. Upon approval and recordation of the final plat and after the construction of required improvements has been inspected and approved by the City, JEA or other approving entity, ownership of the improvements shall vest in the City, except that: (1) The title to the street lighting standards shall vest in the appropriate electric utility serving the area. (2) The title to water and/or sewerage system improvements located within the territory covered by a certificate of public convenience and necessity issued by the State Public Service Commission shall vest in the holder of the certificate. (3) The title to water and/or sewerage system improvements in areas not covered by certificates of public convenience and necessity shall vest in the JEA where the continuing services are to be provided by the JEA, except where the interest in titles has been expressly denied by the JEA. (4) The public rights-of-way within the subdivision must be specifically accepted by the City for maintenance of the drainage collection system and roadways. (c) Application. The Director shall process an application for final plat as provided in this Section. The Land Development Procedures Manual and current City Specifications shall be updated as required to be consistent with this Section, and Section 654.111 . The application must be accompanied by the following in order to be deemed complete: (1) An updated certification by the developers attorney or abstract company or Tax Collector that taxes due and payable at, or prior to, the time the application for final approval or acceptance is filed have been paid, and statements by the owner or dedicator submitted in writing; (2) Proof of the warranties required in subsections (d) and (e), below; and (3) A receipt from the Tax Collector showing that the fees as required for preliminary and final plat review have been paid. (d) Construction of required improvements, within, or directly related to a proposed plat; warranties required. If the required improvements, with the exception of the final wearing surface lift of asphalt on the local streets, have been constructed as indicated on the plat, the plat shall be approved pursuant to paragraph (1) below. However, in order to have a plat approved prior to the required improvements being satisfactorily constructed, the developer shall assure that the required improvements as depicted on a proposed plat and related approved engineering plans will be completed by providing a guarantee to the City in one of the three forms outlined in paragraphs (2), (3) and (4) in this Section. Additionally, a secured warranty period after completion of the required improvements ("Post-Construction Warranty Period") and warranty ("Post-Construction Warranty") is required after completion of the required improvements, whether constructed prior to platting or secured by the Guarantee, pursuant to subsection 654.110 (e), below. See Figure 1 and Figure 2 as follows for Flow Charts of the process for both public and private rights-of-way. Figure 1. Public ROW: Plat to ROW thru Warranty Process Figure 2. Private ROW: Plat to ROW thru Warranty Process The amount of the Guarantee for the required improvements shall be equal to the total of the following: (1) 100 percent of the total cost of the remaining required subdivision improvements; (2) the cost of placing permanent reference monuments ("PRMs") as required in this Chapter together with the survey costs incident to their proper placement; and (3) the costs to be secured by the Post-Construction Warranty, pursuant to subsection 651.110(e), below. Cost estimates for the required improvements shall be prepared, signed and sealed by a licensed Florida engineer and approved by the Director. The Director shall make a good faith effort to review and decide upon these cost estimates within 15 business days. The time for completion of the improvements shall be approved by the Director. All work conducted outside of the proposed plat as part of the proposed development, when located within the City's right-of-way, shall be subject to the security and warranty requirements of subsection 744.110 (c), and shall be incorporated into one of the enumerated alternatives listed below. (1) Construction of required improvements prior to plat. In the event the developer exercises the right to construct and complete required improvements prior to approval of the final plat, the City shall automatically become vested with the right to enter upon the property to be platted for purposes of inspecting the construction of improvements during the progress of the construction. The developer's engineer shall, upon completion of the entire work on one or more units of the subdivision, furnish the Director with a written certificate of the completion accompanied by the records and data as herein prescribed. If the Director finds that the completion of the required improvements complies with these regulations, the final plat shall be approved. (2) Cash deposit. The developer shall deposit with the City or place in an account subject to the control of the City cash in the form of a certified check or cashier's check. If the remaining estimated cost is $1,000 or less, the developer may provide a personal check. The developer shall be entitled to secure draws from the deposits or account as installation progresses at stages of construction established by the Director but not more frequently than monthly. A draw from the cash deposit or account may be made 30 days after the developer's engineer has certified to the City that the cost of improvements installed equals or exceeds the amount of the draw requested plus previous draws made and the Director has inspected the improvements and authorized the draw. The Director shall have the right to reduce the amount of a requested draw to an amount he feels is justified based upon his inspection of the improvements and shall also have the right to refuse to approve a requested draw so long as the developer fails to be in compliance with any of the terms and conditions of the final plat or final engineering plans and specifications for the improvements. The developer shall be entitled to receive interest earned on the deposit or account. The City, after 60 days' written notice to the developer, shall have the right to use the cash deposit or account for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required by the Director. (3) Letter of Credit. The developer shall furnish to the City an unconditional and irrevocable letter of credit issued by a state or national banking institution and in substantially similar form as approved by the Office of General Counsel and currently available on the Development Services website. During the process of construction, the Director may reduce the dollar amount of the letter of credit on the basis of work completed. The City, after 60 days' written notice to the developer, shall have the right to use any funds resulting from drafts on the letter of credit for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required by the Director. (4) Surety Bond. The developer shall furnish to the City a surety bond in the form and by a surety authorized to do business in the State and in substantially similar form as approved by the Office of General Counsel and currently available on the Development Services website, guaranteeing that, within the time required by the Director from final plat approval, the required work will be completed in full accordance with the final plat and all conditions attached thereto within the time for completion as approved by the Director from final plat approval. Copies of the plat and all conditions shall be attached to and constitute a part of the bond agreement. During the process of construction, the Director may reduce the dollar amount of the bond on the basis of work completed. The City, after 60 days written notice to the developer, shall have the right to bring action or suit on the surety bond for the completion of the improvements in the event of default by the developer or failure of the developer to complete the improvements within the time required by the Director. The final plat and any supplemental material shall be held in escrow by the Director until the developer has fulfilled all requirements of this Chapter and the Land Development Procedures Manual. Upon completion of all such requirements to the satisfaction of the Director, or his designee, and approval by the Director of the construction of all improvements; or in lieu thereof, the posting of security as provided in this Section, and payment by the developer of required plat recording fees to the Clerk of the Circuit Court, the Director shall record the plat. (e) Post-Construction Warranty. Upon the installation of the first-lift for local streets, a request may be made for acceptance of the required improvements depicted on the approved engineering plans for public local streets, and for approval for private local streets, that were secured by the Guarantee. The request shall be made by the person, firm or corporation seeking such acceptance ("Applicant") who shall first furnish the Post-Construction Warranty acceptable to the City in an amount equal to 15 percent of the total of all construction contracts issued for the required improvements that the City has accepted for maintenance (or in the case of a private local street the improvements that the City approved that a private entity will maintain), plus the cost to secure the application of the wearing surface course (final lift) as outlined in Section 654.111 (p). This security may either be an amendment to the original Guarantee posted at time of platting, or may be a new certified or cashier's check, an unconditional and irrevocable letter of credit, a surety bond, or combination thereof. If a new security is posted, the security supporting the Guarantee pursuant to Section 654.110 (d)(2)—(4) will be returned and/or released at the time of as-built drawing approval. The Post-Construction Warranty shall be furnished to secure, during the Post-Construction Warranty Period, at least the following: repair of the required improvements against faulty workmanship, construction and materials; damage done by agents of the Applicant to curb and gutter, asphalt pavement, drainage piping, structures or sidewalks; the application of the final wearing surface course, pursuant to subsection 654.111 (p); and other required improvements as shown on the approved engineering plans. Said security shall be submitted by the Applicant, for both public and private subdivisions, to the City for approval and forwarding to the Director and shall remain in force until released as stipulated below. If the Applicant or their agent takes no action to address any deficiencies, after a 60 days' written notice to the developer, the City may elect to repair and take remedial action to correct the deficiencies during the Post-Construction Warranty Period by drawing such cost from the security. The developer, owner, or assign shall provide evidence annually that the Post-Construction Warranty continues in force until such time that the Director authorizes its release and return. Local streets that do not provide access to the abutting property may be exempted from the Post-Construction Warranty requirement by the Director. (f) Reduction and Release of the Post-Construction Warranty. Upon satisfactory application of the second lift, the Director shall reduce the amount of the Post Construction Warranty to 15 percent of the actual cost of the second lift (wearing course). The Director or designee shall make a good faith effort to review the application and inspect the second lift within 15 business days. The Post-Construction Warranty shall be released 12 months after the second lift is satisfactorily applied pursuant to subsection 654.111 (p), in the applicable phase of the subdivision. For private local streets, re-inspection and release of the Post Construction Warranty may be requested any time after the satisfactory installation of the final wearing surface course. (Ord. 91-58-147, § 1; Ord. 92-471-327, § 2; Ord. 96-499-285, § 3; Ord. 97-229-E, § 23; Ord. 2007-308-E, § 1; Ord. 2013-185-E, § 6; Ord. 2018-271-E , § 1) Note— Former § 654.109 .