Bay Harbor Islands City Zoning Code

For the purposes of this article, the following terms shall have the meanings set forth below:

As-built survey. A survey conducted after construction is complete, documenting the final location, dimensions, and layout of all installed features on the property.

Boundary survey. A survey that establishes the exact legal boundaries and property lines of a parcel of land. This type of survey is essential for resolving property disputes and determining the precise limits of ownership.

Final survey. Also referred to as a post-construction or as-built survey, this survey is performed upon completion of construction to assess the final condition of the property, verify compliance with approved plans and applicable codes, and document any deviations or modifications.

Pre-construction survey. Also known as a pre-construction condition survey or pre-construction inspection, this is a detailed assessment of a property and its surrounding area, conducted prior to the commencement of any construction activity to document existing conditions.

Spot survey. Also referred to as a foundation or form board survey, this is a type of land survey conducted to ensure the accurate placement of the foundation forms (wood or other materials) before the pouring of concrete. Any structure with a foundation area of 100 square feet or more must be submitted before the dry-in inspection.

Topographic survey. A detailed survey that maps both horizontal and vertical aspects of a site, including elevations, contours, natural and man-made features, and other characteristics relevant to drainage and site grading. Any structure with a foundation area of 100 square feet or more must be submitted before the dry-in inspection.

(Ord. No. 1123, § 2(Exh. A), 10-8-2025)

This section shall apply to all new principal buildings, additions to existing structures, and site modifications that alter drainage patterns within the Town of Bay Harbor Islands. All surveys must be prepared, signed, and sealed by a Florida-licensed professional land surveyor in accordance with applicable state law and town regulations.

Surveys must be dated no more than six months prior to the submission of the permit application to the town, unless the survey was previously submitted and accepted as part of the development review committee (DRC) or design review board (DRB) approval process.

(1)

The pre-construction survey. Prior to the issuance of any permit for exterior improvements, alterations, or site work on a property, a pre-construction survey shall be submitted. The survey shall be prepared by a Florida-licensed land surveyor and shall include, at a minimum:

(a)

Property boundaries;

(b)

Existing easements and servitudes;

(c)

Existing paved areas and impervious surfaces;

(d)

All existing structures and setbacks, including sheds, accessory buildings, swimming pools, pool decks, screen enclosures, fences, walls and etc.

(2)

Spot survey. For any permitted structure involving a foundation or concrete slab of 100 square feet or more, a foundation survey shall be submitted prior to the placement of the slab and before requesting the dry-in inspection. This survey shall be prepared by a licensed Florida surveyor and shall include the following:

(a)

The staked location of the structure on the property;

(b)

Rear, front, and side yard setbacks;

(c)

The elevation of the lowest habitable floor;

(d)

Finished floor elevation of the lowest slab; and

(e)

Elevation of the crown of the nearest road.

No foundation or slab work may proceed until the survey is reviewed and approved by the building department. No dry-in inspection shall be approved until the survey is accepted.

(3)

As-built survey. An as-built survey shall be conducted after the foundation or concrete slab has been poured and shall be submitted prior to the commencement of any vertical construction. At the town's discretion, an as-built survey may also be required at any stage during construction to verify compliance with approved setbacks and applicable regulations.

(4)

Final survey. Prior to the issuance of a temporary certificate of occupancy (T.C.O.) or certificate of occupancy (C.O.), pursuant to section 23-14, a final as-built survey must be submitted to and approved by the building department. The survey shall confirm compliance with:

(a)

Approved site and building plans;

(b)

Elevation and grading requirements; and

(c)

All applicable setbacks.

(5)

Topographic surveys. For any permitted work that alters the existing drainage pattern of a property, including but not limited to installation of slabs, pools, berms, swales, or other drainage features, a topographic survey shall be submitted in addition to the pre-construction survey. The topographic survey must be prepared by a Florida-licensed land surveyor and shall reflect final grading, drainage patterns, elevations, and compliance with approved drainage plans. This survey must be submitted to the town and approved prior to the commencement of any construction activity. The purpose of the topographic survey is to identify potential issues such as inadequate drainage, flood-prone areas, unstable soil conditions, erosion risks, subsidence, or proximity to existing structures, thereby allowing for the implementation of necessary preventative measures before construction begins.

(a)

If the survey does not demonstrate adequate drainage, the installation of a retention wall shall be required.

(Ord. No. 1123, § 2(Exh. A), 10-8-2025)

Failure to submit any required survey as mandated by this article shall be deemed a violation of the Town Code. Such violation may result in enforcement actions including, but not limited to, the withholding of inspections, issuance of stop work orders, revocation of permits, or denial of a certificate of occupancy or certificate of completion. Penalties and fees may also be imposed in accordance with section 12-27 of the Town Code.

(Ord. No. 1123, § 2(Exh. A), 10-8-2025)