Sec. 654.139. - Enforcement; procedures for development prior to approval of final plat.

(a) No plat or plan of a subdivision of land shall be recorded by the Clerk of the Circuit Court until the plat has received final approval in accordance with this Chapter. (b) No person or his agent owning land within a proposed subdivision shall transfer or sell or agree to sell a lot or parcel of land located within a subdivision by reference to, by exhibition or by any other use of a plat of the subdivision before the plat has been approved and has been recorded, unless exempted by this Chapter. Notwithstanding the provisions of this subsection, nothing in this Chapter shall prohibit a developer from agreeing to sell land located within a proposed subdivision to a builder or co-developer who desires to develop and build upon the land for resale purposes. The developer shall be permitted to refer to, exhibit or otherwise use a plat of the proposed subdivision in connection with an agreement to sell before the plat has been approved and recorded; provided, however, that no document shall be recorded in the public records of Duval County, Florida, referring to or attaching a copy of a plat of a subdivision before the plat has been approved and recorded, unless the plat is exempted from this Chapter by other provisions thereof or by the Council. (c) No street number and no building permit shall be issued for the erection of a building in the City on a lot, tract or parcel of land which violates the provisions of this Chapter. (d) Upon a request by the developer at Civil Plans submittal, the Department may allow up to 50 percent of the lots within a proposed subdivision to be developed, but not occupied, so long as the developer or owner meets the following conditions: (1) Prior to Civil Plans submittal to the Department, the developer shall submit the development proposal to JEA for review. The submittal to JEA must, at a minimum, include a sheet identifying the lots being requested for home construction prior to platting. JEA may require from the developer any information necessary to understand the entire proposal. (2) Once JEA has granted preliminary approval, consistent with Section 654.108 , the Department will review the preliminary site plan, the preliminary and final engineering plans for the required improvements, and the sheet identifying the lots being requested for home construction prior to platting as approved by JEA. The Department reserves the right to deny authorization for development on a specific lot or lots to protect City interests. (3) The project must have received preliminary plat approval consistent with Section 654.109 . The preliminary plat approval is valid for 12 months from the date the Department grants the approval. (4) The Developer or owner shall provide a Guarantee consistent with Section 654.110 (d) as if they were seeking Plat approval prior to the required improvements being constructed. However, the release of any guarantee based on construction of the required improvements is limited to 50 percent of the amount of the guarantee until the project is platted. (5) The developer or owner shall provide a Warranty consistent with Section 654.110 (e). (6) A Certificate of Occupancy shall not be issued until the plat is approved by JEA and the Department and recorded in the current public records of Duval County, Florida. (Ord. 91-58-147, § 1; Ord. 2022-731-E , § 1) Note— Former § 654.127 .