Subdivision Plan Approval Procedures

Plat Submittal Checklist

 

REQUIRED SUBMITTALS FOR PLATTING

  • Plat (see *Plat Requirements below)
  • Boundary Survey:  Signed and sealed by a licensed surveyor to include as-built conditions and all easements listed in the Title Opinion.

 

Ancillary Documents:

Utility Letters:  Letters from the telephone, cable, gas and power utility companies stating that the easements as shown on the plat are adequate for their purposes. 35.44 (e)(3)

 

Link to find out utility providers in area: http://cdn.seminolecountyfl.gov/departments-services/guide-to-county-services/for-residents/my-resident-page.stml

 

Link to Utility Contact List: http://www.seminolecountyfl.gov/core/fileparse.php/3348/urlt/utilitycompanycontactlist.pdf

 

Property tax receipt:  Receipt reflecting that the property taxes are current and have been paid for the year required (for the tax bill sent out in the fall).  The contact for the applicant is the Seminole County Tax Collector, 407- 665-7641. Sec. 35.44 (d)(3)(C) 

 

Title Opinion / Certificate of Title:  (Check for liens, ownership info., property description etc.) Must be prepared within thirty days of submittal date.  The original is required to be submitted along with copies of easement documents referenced in the title opinion. If matters affecting building permit issuance are contained in the title opinion these shall be addressed on the plat or other appropriate method. Make sure that all owners and mortgage holders listed in the opinion are shown on the plat or a joinder and consent to dedication is submitted. 35.44 (d)(3)

 

  • Interpretation of the 177.041 Statute - Requires a title opinion and title search that complies with the Florida Bar, Real Property, Probate and Trust Law Section, Uniform Title Standards and be certified to Seminole County as to meeting those standards. That the search and the opinion identify the Owners, Mortgagor’s and Dedications. Contain the legal description of the subject parcel and it must match verbatim with that used on the plat and the boundary survey. Must identify all Easements, Servitudes and Rights-of-Way including, but not limited to, Murphy Act Reservations and Maintenance Maps filed pursuant to Section 95.361, Florida Statutes. That these be identified in their own subsections of the search and note as None if none exists. That the search includes legible copies of all recorded and unrecorded instruments noted within the search and  will include full size copies of any maps. That Ownership and Encumbrance Reports are not acceptable or the exceptions as noted per 627.7843, Florida Statutes. This may performed by a Florida licensed attorney or a Title Company or an Abstractor, but all must comply with the requirements.

 

  • Certificate of Title Information must state the following requirement: This certificate is made for the purpose of furnishing the information required for the filing of the above referenced subdivision plat in accordance with the provisions of Ch. 177.041 of the FL Statutes and the requirements of the Seminole County Land Development Code. The search of a minimum 30 years has been prepared expressly for the appropriate governing body as defined by Ch. 177.071 of the FL Statutes and it is not to be relied upon by any other group or person for any other purpose. 

 

Mortgagee’s Joinder and Consent:  (Needed if there is a lien on the mortgage) Required as part of the plat dedication, if applicable, preferably placed on the plat for signature.         

 

Public Disclosure:  In conformance with Ch. 286.23, F.S., when any property is conveyed to the County, the developer must make a written public disclosure or file an exemption affidavit.  This is not required for right-of-way dedication.

 

Declaration of Covenants and Restrictions: (Needed only if HOA or POA is involved) Executed, including notarized and in a form suitable for recording. To be recorded with the Plat. Sec. 35.44 (d)(2) Check to see that all exhibits are attached and all signatures are provided in the appropriate places.

 

Homeowner’s Association Documents:  These are the Articles of Incorporation validated by the Florida Department of State, Secretary of State, Division of Corporations).  One copy of the page containing the Secretary of State seal is required.  (The entire document is not needed.)

 

Appropriate bond(s): (Needed only if there is infrastructure)

 

Off-site easement documents, if applicable: The legal description for these easements should use the plat description, when appropriate, leaving the plat book and page blank to be inserted at the recording office. Please allow adequate space to insert the handwritten recording information.  Provide the original(s) to be recorded with the plat.

 

Warranty Deed for Tracts: 

  • The Developer will provide a deed to Seminole County for Lift Station tracts directly to Environmental Services, check with Becky Noggle in Environmental Services, 407-665-2026. 
  • If the Developer is dedicating to the H. O. A. for other Tracts (e.g. open space, parks/recreation areas, etc.), they will also need warranty deeds. Utilize the plat description in the legal description for these deeds leaving the plat book and page blank to be inserted at the recording office. Please allow adequate space to insert the handwritten recording information.  The original will be recorded with the plat.

 

*PLAT REQUIREMENTS

Title Block:  Name of subdivision, Section, Township and Range and the words  “Seminole County, Florida”.

Legal Description:  Complete with all appropriate information.

Vicinity Map:  To scale showing relationship between the proposed development and the surrounding areas. 

Legend:  Definition of all symbols, stated and graphic scale and north arrow. 

Plat Data:  Bearings, length of right-of-way lines, block lines, lot lines, boundary lines and the location of all required monuments and markers.

Lots Size: The total size and net buildable area of each lot is noted. Applicant can either put this information on the plat or certify the lot sizes via letter by surveyor.

Streets: The right-of-way lines, centerlines, widths, radii, central angle, arcs and names of all streets.  

Lots:  Lot lines and lot and block numbers.

Setbacks:  Setback lines if other than those specified in the Zoning Regulations ie. PD

Waterbodies:  Location and width of canals and waterways.

Wetland and Floodplain Lines: The plat clearly shows the wetland and floodplain lines. The name of the Environmental Consultant that flagged the wetlands must be noted on the plat.

Adjacent Data:  Names, locations, Plat Book and Page information for abutting streets and subdivisions.

The County Surveyor’s Certificate and signature block.

 

Dedications:  All parcels of land to be dedicated for public or private use, such as roads, easements, parks, trails, retention tracts, lift station, etc. should be shown on the plan and referenced in the notes. The purpose of each tract must be shown on the plat or referenced in the notes. The dedication statement on the face of the plat should provide for the dedication to the public of ROWs (or as an easement if private street system), easements, etc. and make sure that the language limiting responsibility for Seminole County is in the dedication statement. 

 

All lands lying below the 100-year flood plain elevation and/or wetlands must be dedicated as a conservation easement to Seminole County (or the H.O.A. if a private subdivision). State that the easement is to be owned and maintained by the H.O.A. or Property Owner, in the case of a minor plat, since there is no HOA, the conservation areas are on the individual lots and development rights granted to Seminole County or St. Johns with maintenance dedicated to the lot owners.

 

Note on plat, if applicable:  The subject property is within the County’s Urban Bear Management Area and must comply with the requirements outlined in Chapter 258 of the Seminole County Code of Ordinances (2015-33). 

For reference see Ordinance at: http://www.seminolecountyfl.gov/core/fileparse.php/4073/urlt/Bear-Management-Ordinance-Final-Approved-Document.pdf

 

Easement Language

Make sure plat shows the purpose of the easement, who owns the easement, who the easement is dedicated to, who will maintain the easement.

 

All plats must contain the following language:

The granting of easements to Seminole County does not impose any obligation, burden, responsibility or liability upon Seminole County Florida to enter upon the subject property and take any action to repair or maintain the system unless otherwise stated.

 

The following language is required for all cross accesses:

Example:  The 40’ Ingress/Egress and utility easement over the “flag” portions of Lots 1 and 2 are for the collective benefit of, use of, and unimpeded access to and from Lot 1, 2 and 3. 

 

The following language may be required for lots fronting on a public right-of-way:

Limited Access Rights: (may be required to limit access driveways for lots fronting on a road) EXAMPLE: Access rights from Lot 1 directly to Dike Road shall be dedicated to Seminole County.

 

The following language is required for all private drainage & storm-water systems and over all private drainage easements:

The drainage easements shown are dedicated to and owned and maintained by the Homeowners Association. An emergency access easement to the private drainage and storm-water system and over all drainage easements shown on this plat is hereby dedicated to Seminole County for emergency maintenance purposes in the event inadequate maintenance of the private storm drainage system creates a hazard to the public health, safety and general welfare.  The emergency access easement granted does not impose any obligation, burden, responsibility or liability upon the County to enter upon the subject property and take any action to repair or maintain the private drainage & storm-water system.

 

The following language is required for all non-County provided utilities (ie: utilities are provided by Aqua Utilities):

The utility easements described and shown hereon are to be dedicated to the H.O.A. and Seminole County.  The utilities are to be owned and maintained by the utility provider. The purpose of the utility easements shown are as follows:  Installation and maintenance of, but not limited to, sanitary sewers, water mains, power lines, telephone lines, and cablevision lines.

 

The following language is required for all County provided utilities easements (ie: utilities are provided by Seminole County):

The utility easements described and shown hereon are to be dedicated to Seminole County.  The utilities are to be owned and maintained by the utility provider. The purpose of the utility easements shown are as follows:  Installation and maintenance of, but not limited to, sanitary sewers, water mains, power lines, telephone lines, and cablevision lines.

 

Subdivisions with private roads must contain the following language:

The owner does hereby grant to Seminole County the non-exclusive and perpetual right of ingress egress over and across all of the private streets shown and does hereby grant to the present and future owners of adjacent lands and their guest, invitees and domestic help, and to delivery, pickup and fire protection services, police, authorities of the United States postal service mail carriers, representatives of utilities authorized by the owner, holders of mortgage liens on such lands, the non-exclusive and perpetual right of ingress egress over and across said streets and easements.  Regardless of the preceding provisions, the lawful owner reserves the unrestricted and absolute right to deny the right of ingress to any person who, in the opinion of the lawful owner may create or participate in a disturbance or nuisance on any part of the land shown on this plat.

 

The following language is required on all plats:

All platted utility easements shall provide that such easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television company damages the facilities of a public utility, it shall be solely responsible for the damages. This section shall not apply to those private easements granted to or obtained by a particular electric, telephone, gas, or other public utility. Such construction, installation, maintenance, and operation shall comply with the National Electrical Safety Code as adopted by the Florida Public Service Commission.

 

The following language is required for a conservation easement:

STANDARD LANGUAGE FOR PLATTED EASEMENTS, BUFFERS AND UPLAND BUFFER

NOT IN WRPA or ECON

 

The following language is required for a conservation easement:

The Conservation Easement over all wetlands and floodplain is to be owned and maintained by the Homeowner’s Association. The removal of vegetation within the easement is prohibited unless approval from Seminole County is granted to remove dead or damaged vegetation that poses a hazard or approval is granted to remove exotic or nuisance vegetation. All development rights within the easement are granted to Seminole County. No soil excavation, fill, or removal within the easement shall be permitted. Construction activity within the easement shall be limited to docks or boardwalks, limited to 4 feet in width, and their structural piers; and permission from Seminole County shall be required. 

The following language is required for an undisturbed wetland/floodplain buffer easement:

The wetland/floodplain (if applicable: and upland) buffer is to be owned and maintained by the Homeowner’s Association. The removal of vegetation within the easement is prohibited unless approval from Seminole County is granted to remove dead or damaged vegetation that poses a hazard or approval is granted to remove exotic or nuisance vegetation. All development rights within the easement are granted to Seminole County.  No soil excavation, fill, or removal within the easement shall be permitted. Construction activity within the easement shall be limited to docks or boardwalks, limited to 4 feet in width, and their structural piers; and permission from Seminole County shall be required.

 

STANDARD LANGUAGE FOR PLATTED EASEMENTS, BUFFERS AND UPLAND BUFFER

IN WRPA (outside of Lake Syvan Transitional Area) or ECON:

The following language is required for a conservation easement (WRPA & ECON):

The Conservation Easement over all wetlands and floodplain is to be owned and maintained by the Homeowner’s Association. The removal of vegetation within the easement is prohibited unless approval from Seminole County is granted to remove dead or damaged vegetation that poses a hazard or approval is granted to remove exotic or nuisance vegetation. All development rights within the easement are granted to Seminole County. No soil excavation, fill, or removal within the easement shall be permitted. Construction activity within the easement shall be limited to docks or boardwalks, limited to 4 feet in width, and their structural piers, that do not require dredging or filling of wetland and/or floodplain areas; and permission from Seminole County shall be required.  

The following language is required for an undisturbed wetland/floodplain buffer easement:

The wetland/floodplain (if applicable: and upland) buffer is to be owned and maintained by the Homeowner’s Association. The removal of vegetation within the easement is prohibited unless approval from Seminole County is granted to remove dead or damaged vegetation that poses a hazard or approval is granted to remove exotic or nuisance vegetation. All development rights within the easement are granted to Seminole County.  Signage demarking the boundary of the said buffers and wetlands shall be used to deter encroachment. Construction activity within the easement shall be limited to docks or boardwalks, limited to 4 feet in width, and their structural piers, that do not require dredging or filling of wetland and/or floodplain areas; and permission from Seminole County shall be required.

 

The following language is required for a karst feature and construction setback easement:

The Conservation Easement over Karst Features is to be owned and maintained by the Homeowner’s Association. The removal of vegetation within the easement is prohibited unless approval from Seminole County is granted. Fertilizers, pesticides, and herbicides shall be U.S. Government approved, and shall not be applied within fifty (50) feet of karst features, or natural water bodies. All development rights within the easement are granted to Seminole County. 

The following language is required for a karst feature clearing and construction setback easement:

The Karst Features clearing and construction setback buffer is to be owned and maintained by the Homeowner’s Association. Clearing within the clearing and construction setback to stimulate canopy growth is permitted. Routine maintenance shall be permitted within the fifty (50) foot setback, outside of the natural buffer. Routine maintenance is limited to mowing of grass, and removal of underbrush and dead trees. All development rights within the clearing and constructions buffer are granted to Seminole County. 

 

The following language is required for a karst feature buffer easement:

The Conservation Easement over the Karst Feature Upland Buffer is to be owned and maintained by the Homeowner’s Association. Buffers shall remain natural and undisturbed. The removal of vegetation within the buffer is prohibited unless approval from Seminole County is granted. All development rights within the easement are granted to Seminole County.

 

The following language is required for a Sensitive Natural Habitat easement:

The Conservation Easement over the Sensitive Natural Habitat is to be owned and maintained by the Homeowner’s Association. The removal of vegetation within the easement is prohibited unless approval from Seminole County is granted to remove dead or damaged vegetation that poses a hazard or approval is granted to remove exotic or nuisance vegetation. All development rights within the easement are granted to Seminole County.

 

County Surveyor's Certificate and Signature block for Final Plat: 

COUNTY SURVEYOR'S CERTIFICATE

"I have reviewed this plat and find it to be in conformity with Chapter 177 Florida Statues."

1/2 inch minimum spacing between signature line and certificate

________________________________________
Gary A. Leise, P.L.S.
Florida Registration Number 4723
County Surveyor for Seminole County, Florida

Date:_________________________________