Guidelines for preparing a Binding Development Plan

1. The form that goes along with these guidelines is provided as a sample, only.  It is recommended that you seek the assistance of an attorney to draft the Binding Development Plan and to advise you of your rights and how they may be affected by the Binding Development Plan.  Brevard County staff is not permitted to prepare, or substitute, corrected pages in your Binding Development Plan.
2. Attach a legal description of the property involved, as well as all exhibits listed in the body of your Binding Development Plan.
3. If there is a mortgage, or mortgages, on the property involved, all mortgagees must join into the agreement and sign the Binding Development Plan.  A joinder must be submitted with your final, fully-executed, Binding Development Plan.  There is a form attached to the sample Binding Development Plan that depicts a typical joinder.  It is provided as a sample, only.
4. If there is no mortgage, or mortgages, on the property involved, please submit a written, notarized, statement indicating such.
5. Return the original fully-signed document to the Planning & Zoning, along with a check for the recording fee, made out to Brevard County Clerk of Court.  The recording ree is generally $10.00 for the first page and $8.50 for each page thereafter.  Please note that if your BDP contains more than four names, including Brevard County, there will be an additional charge of $1.00 per name for recording purposes. If there is no mortgage, and you are submitting a written, notarized, statement to that effect, there is no charge for that page.  Before submitting your fully-executed Binding Development Plan, you may want to check with the Planning & Zoning Office to verify the amount of your recording fee.
6. Please remember that if you have any questions concerning the preparation of your Binding Development Plan, you should seek the advice of your attorney.

After your full-executed Binding Development Plan has been submtited, it will be reviewed for accuracy by a member of the Planning & Zoning Office and an Assistant County Attorney.  When it is found to be sufficient, it will be scheduled for signature at a Board of County Commissioner's meeting as a consent item.

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