SITE PLAN PROCEDURES AND REQUIREMENTS
(a)
Intent. It is the intent of these provisions to provide for an orderly site plan review process that ensures all applicable projects conform to the required development regulations. The procedures, standards, and required information are intended to provide a consistent and uniform method of review to ensure full compliance with the regulations and standards contained in the Zoning Code and other applicable ordinances and laws, to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these site plan review requirements to encourage cooperation and consultation between the County and the applicant to facilitate development in accordance with the Broward County Comprehensive Plan.
(b)
Applicability. Except as otherwise exempted below, this review procedure shall apply to all developments. Projects exempt from this article shall be required to comply with all other applicable development regulations.
(1)
The following activities shall not require site plan approval unless the development will occur within an area delineated on any of the Broward County Land Use Plan maps identified in Section (2) below:
a.
Maintenance or improvements of runways, taxiways, and aprons by an airport agency;
b.
Construction of bus stop shelters;
c.
Construction of sculptures, fountains, and other landscaping improvements, unless within or abutting the rights-of-way of a trafficway;
d.
Construction of signs;
e.
Demolition of structures;
f.
Canal maintenance activities;
g.
Construction of one (1) single family home on an existing single family lot;
h.
Construction of one (1) duplex on an existing lot;
i.
Site improvements such as restriping/repaving that do not include major modifications or requirements for traffic circulation (based on agency review of the development permit application, site plan review may be required);
j.
Equipment or facilities proposed by the Broward County Aviation Department or the FAA at the Fort Lauderdale-Hollywood International Airport (Airport) within the boundaries of the Airport, as legally described in the Development Order issued by Broward County dated July 8, 1998, relating to the Airport's Development of Regional Impact, including airfield pavement, air navigational aids, visual aids and facilities that are unstaffed, or any other unstaffed facilities or equipment that may be required by the FAA to be used exclusively by the FAA for the guidance or movements of aircraft, which equipment or facilities are designed, constructed, and inspected pursuant to and in strict compliance with FAA Advisory Circulars, orders, and regulations, and for which no specifications or criteria are set forth in the Florida Building Code or the Broward County Land Development Code. This exemption is strictly limited to equipment and facilities that are not occupied by people on a regular basis;
k.
Commercial economic development projects funded through the County for facade improvements only;
l.
All Florida Department of Transportation projects that occur within the right-of-way; and
m.
All County projects that occur within the right-of-way.
(2)
Lands located on a Broward County Land Use Plan map identified below shall require site plan review. The maps are as follows:
a.
Environmentally Sensitive Lands;
b.
Existing and Planned Waterwells and Zones of Influence;
c.
Wetlands;
d.
Archaeological Sites;
e.
Historic Sites;
f.
Floodplains, Flood Prone Areas and Coastal Storm Area;
g.
Priority Planning Areas; and
h.
Potential Greenways System.
(c)
Prevailing Regulations. All applications for site plan approval shall comply with the following:
(1)
The applicable provisions of this article and Chapter 5, Article IX,
Division
2, of the Broward County Code of Ordinances;
(2)
The applicable provisions of the Broward County Code of Ordinances, inclusive of this chapter, and the Florida Building Code;
(3)
The applicable provisions of the Broward County Comprehensive Plan and the Broward County Land Use Plan; and
(4)
The applicable requirements of any previously recorded plat or plat note.
(d)
Submittals. Courtesy Conceptual Plan Review and Site Plan Application.
(1)
Submitted Plans.
a.
Courtesy Conceptual Plan Review. Courtesy Conceptual Site Plan Review meetings are recommended. Plans do not need to be submitted in advance of meeting; however, any plans submitted will not be routed for agency review and comment.
b.
Site Plan Application. Applications for Site Plan Review are required at the time of submittal. Unless submitted electronically, applications shall include drawings, the overall size of which shall be 24" × 36", drawn at a scale not less than 1" = 50'.
(2)
Table of Submission Requirements is as follows:
Table 1. Submission Requirements
(Ord. No. 2022-22, § 17, 5-11-22; Ord. No. 2025-15, § 15, 4-1-25)
(a)
Depending on the location, design, size, impact, or other factor of a proposed development, the Urban Planning Division Director may require an applicant to request a Courtesy Conceptual Plan Review meeting of the site plan prior to filing a Site Plan Application. The Courtesy Conceptual Plan Review is not a replacement for the full Site Plan Application review procedure and does not qualify as a preapplication meeting.
(1)
Review for completeness of a Courtesy Conceptual Plan Review shall not be required as the review is merely conceptual. However, insufficient information may result in additional requests.
(2)
The Urban Planning Division shall schedule a meeting with the applicant and the selected review agencies to discuss the conceptual site plans.
(3)
When not required, an applicant has the option to request a Courtesy Conceptual Plan Review of the site plan prior to requesting a preapplication consultation.
(b)
No formal comments, interpretation of the code, or order shall be issued in conjunction with a Courtesy Conceptual Plan Review.
(Ord. No. 2022-22, § 17, 5-11-22; Ord. No. 2025-15, § 16, 4-1-25)
(a)
Application Procedure. The following procedures shall govern the review of applications:
(1)
Preapplication Required. Prior to the filing of a site plan application, the applicant shall attend a preapplication meeting with the Urban Planning Division staff to discuss filing requirements, including the submission requirements in Table 1 above, municipal and neighborhood notification procedures, application fee, sign posting procedures, and any other issues that may affect the application. A site plan application shall not be accepted or deemed complete until this meeting has occurred.
(2)
Completeness of application. The Urban Planning Division shall review the application to determine the completeness of required submittals based on Table 1 above. Within five (5) business days after receiving an application, the Urban Planning Division shall confirm receipt of the application using the contact information provided by the applicant. Within seven (7) business days after receipt, the Urban Planning Division shall either:
a.
Find that the application is complete and initiate the review process commencing on the eighth (8th) day after filing; or
b.
Reject the application and forward to the applicant with a notice of incompleteness specifying, with particularity, the information that is required to process the application. The applicant shall resubmit the application with the information required within thirty (30) days after receipt of the notice of incompleteness, or the application shall be deemed withdrawn. The Urban Planning Division shall review the resubmitted application in the manner provided in this section for the original application. Failure of the Urban Planning Division to issue a written notification of completeness or written specification of the area(s) of deficiency within thirty (30) days after receipt of the application shall require the County to issue the applicant a ten percent (10%) refund of the application fee.
c.
If the County makes a second request for additional information, the applicant shall resubmit the application with the required additional information within thirty (30) days after receipt of the notice of incompleteness, or the application shall be deemed withdrawn. The Urban Planning Division shall review the resubmitted application in the manner provided in this section for the original application. Failure of the Urban Planning Division to issue a written notification of completeness or written specification of areas of deficiency within thirty (30) days after receipt of the additional information shall require the County to issue the applicant a twenty percent (20%) refund of the application fee.
d.
Unless otherwise agreed to by the applicant in writing, an application may be issued a notice of incompleteness a maximum of three (3) times. Prior to the issuance of a third (3rd) notice of incompleteness, the Urban Planning Division shall offer the applicant a meeting to attempt to resolve outstanding issues that form the basis for the incompleteness. The applicant shall resubmit the application with the additional information within thirty (30) days after receipt of the applicable notice of incompleteness. If the outstanding issues are not resolved, the fourth (4th) application submitted shall be deemed complete within ten (10) days after receipt of the additional information and shall be processed in accordance with this article.
e.
Except where a notice of incompleteness is based on a final agency action of a state or federal agency denying the federal or state permit, if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the Urban Planning Division, at the applicant's request, shall proceed to process the application for approval or denial.
(3)
Agency Review.
a.
The Director shall determine to which agencies the application shall be routed based upon the type of application submitted, the intensity/density of the proposed development, and whether the application is relevant to that reviewing agency. Each agency shall review the plan in accordance with its applicable laws, rules, and procedures. The reviewing agencies are as follows:
1.
School Board of Broward County, Florida;
2.
Building Code Division;
3.
Parks and Recreation Division;
4.
Aviation Department;
5.
Broward Sheriff's Office Fire Marshal's Bureau;
6.
Broward County Health Department (BCHD);
7.
Water and Wastewater Services;
8.
Urban Planning Division;
9.
Consumer Protection Division;
10.
Environmental Resources Division;
11.
Environmental Permitting Division;
12.
Broward County Transportation Department;
13.
Traffic Engineering Division;
14.
Highway Construction and Engineering Division; and
15.
Florida Department of Transportation (FDOT), for applications where the property abuts a trafficway that is functionally classified as a state road, and propose direct vehicle access to a state road.
b.
The Director may waive agency review, in whole or in part, under this section upon a determination that such a review has already been made regarding the same land and no change in circumstances has occurred that necessitates further review, or upon a determination by the Director that further review is not necessary.
c.
Additional matters to be addressed with an application for site plan:
1.
The Broward County Health Department (BCHD) assesses availability of facilities by applying a gallons-per-day design flow demand rate to the proposed development and then determining whether the proposed development's demand will exceed the licensed capacity of the treatment plant, considering the existing utilized and "committed" capacity. The BCHD uses potable water design flow rates set forth in the Water Management Element of the Broward County Comprehensive Plan to assess adequacy of service at the time of site plan application for those properties that are not required to be platted. If the proposed land use does not have a potable water demand rate set forth in the Water Management Element, the BCHD is authorized to assign the most suitable rate.
2.
Site plan applications involving residential uses shall be forwarded to the School Board of Broward County, Florida, for a determination as to whether the project is exempt from the requirements of public school concurrency, consistent with Chapter 5 of Broward County's Land Development Code, and the Public School Facilities Interlocal Agreement.
3.
If a site plan application includes all or any part of any lands identified as a site recommended for inclusion in the Urban Wilderness Inventory by the Urban Wilderness Advisory Board pursuant to Chapter 25½ of the Code, which recommendation has been approved by the County Commission; or a site designated as a Native Vegetative Communities Category Local Area of Particular Concern within the Broward County Land Use Plan; or subject to notice of a public hearing regarding designation as a Native Vegetative Communities Category Local Area of Particular Concern or inclusion in the Urban Wilderness Inventory, which is mailed any time before a site plan application is filed, then the Urban Planning Division Director shall provide for the preparation of an environmental impact report (EIR) consistent with Section 5-182.8 of the Land Development Code.
4.
If the Broward County Aviation Department determines that the site plan application includes property that is or may be subject to the notice requirements of Federal Aviation Regulations (FAR) Part 77, Subpart B, the applicant must obtain and submit an FAA determination that it does not constitute a hazard to air navigation or require operational modifications to the airport to avoid such a hazard.
(4)
Municipal Notification. Upon acceptance of a site plan application for public or regional facilities, such as highway rest stations, transit infrastructure, landfills, government facilities, or similar uses, a copy of the application, including all attachments and drawings, shall be forwarded by the Urban Planning Division Director, electronically or by hard copy, to any municipality within a four (4) mile radius of a boundary of the site plan and to any unincorporated area neighborhood/civic organizations within a one (1) mile radius of the site plan boundary, as listed on the "Neighborhood Association/Civic Representatives List for the Broward Municipal Services District" and as delineated on the "Broward Municipal Services District Map." Municipalities and neighborhood/civic organizations shall have the same time limits as reviewing agencies to provide written comments to the Director, as specified in Section 39-413(b). Comments received from municipalities and neighborhood/civic organizations shall be attached to the compilation of comments forwarded to the applicant in accordance with Section 39-413(b) and shall be considered by the Urban Planning Division Director only as they relate to compliance with the Code.
(5)
Posted Notice. Notice of submittal of a site plan application must be provided by the applicant by posting, in accordance with this section. Within twenty-one (21) days after the issuance of a Notice of Complete Application consistent with Section 39-413(a)(2), the applicant shall securely post the sign(s) on the property in a visible location on each street frontage and shall submit to the Urban Planning Division an affidavit, including date-stamped photographic proof, of posting of the sign(s) in accordance with this section. If the applicant fails to submit the affidavit within the required timeframe, processing of the application shall cease, the application shall be deemed withdrawn, and no further action will be taken. The following requirements must be followed by the applicant for signage posting:
Public Notification Signage Posting for Site Plan Approval
*If the applicant fails to remove the sign(s) within the time frames above, the County shall have the right to remove the sign(s).
(6)
Public Participation Plan. Except as provided below, site plans located within a neighborhood or enclave identified within the BMSD Future Land Use Plan Map that consist of four (4) or more residential units; new commercial, mixed use, and industrial uses; or commercial or industrial renovations shall include a plan for citizen participation. Commercial and industrial renovations or changes of use requiring a site plan that increase required parking by less than five (5) spaces or less than fifty percent (50%), whichever is greater, are exempt from this provision. A citizen participation plan must be approved by the Director, or designee, prior to its execution by the applicant. The Director shall not issue a notice of the application's status pursuant to Section (c) below until after the applicant implements the citizen participation plan and submits to the Director a written report setting forth the results of the citizen participation plan as provided below.
a.
All citizen participation plans shall include, at a minimum, the neighborhood civic association in which the development is located or to which it is adjacent. Projects within the central county neighborhoods shall include the Central County Community Advisory Board. A minimum of one (1) meeting shall be held with the affected community.
b.
A citizen participation report shall be provided to the Director and include:
1.
A written summary of the results of the citizen participation effort prior to the first public meeting in which the application is heard;
2.
Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal;
3.
The names, dates, addresses, and number of people that participated in the process; and
4.
A written summary of the issues and/or concerns raised by residents and how the applicant proposes to resolve these issues and/or concerns. If the applicant is unable or unwilling to resolve the issues, the summary should state the reason why these issues cannot be or were not resolved.
(b)
Review responsibilities. Each review agency shall submit written comments and recommendations to the Urban Planning Division within twenty-one (21) days after acceptance of the application by the Urban Planning Division. If any reviewing agency report does not respond within said time frame, it shall be presumed that the agency has no comments or objections.
(c)
Reviewing agency reports; comments; required action. The Urban Planning Division Director shall review the application, the citizen participation report, and the reports of the reviewing agencies.
(1)
Within seven (7) business days after receiving the reviewing comments and recommendations, the Urban Planning Division shall prepare a report and issue a notice of the status of the application.
a.
For a site plan application found to be in compliance or conditionally in compliance, the notice shall state the application complies with the applicable standards and the minimum requirements of this article and that a development order will be granted, inclusive of any applicable conditions identified in the compiled report. The Urban Planning Division Director shall forward the compilation of such reviewing agency reports and the notice to the applicant and the County Commission. Each County Commissioner shall have fourteen (14) days after the date of transmittal of the notification to request that the application be placed on the County Commission quasi-judicial agenda. Absent such request, the Urban Planning Division Director shall issue an order consistent with the notice.
b.
For a site plan application found not to be in compliance with this article, the notice shall state the reason for noncompliance. The applicant shall have forty-five (45) days after the date of the notice to address any noncompliance items identified by the review agencies. The resubmitted plan shall be routed pursuant to Section 39-413(a)(3) and ensuing reviews shall be noticed and processed pursuant to Section 39-413(c). Failure to submit corrections curing deficiencies identified in the notice shall result in issuance of another notice, together with the site plan report, to the applicant and the County Commission stating the intent to deny the site plan application. A County Commissioner shall have fourteen (14) days after the date of transmittal of the notification to request that the application be placed on the County Commission quasi-judicial agenda. Absent such request, the Urban Planning Division Director shall issue a final order of denial consistent with the notice.
(2)
All site plan applications shall be issued final orders consistent with the most recent notice within one hundred twenty (120) days after the application being deemed complete as set forth in Section 39-413(a)(2) above. This period shall extend to one hundred eighty (180) days if a quasi-judicial hearing before the County Commission is requested or required.
(3)
The applicant may request, in writing or at a public hearing or meeting, one (1) extension of not less than thirty (30) days and not more than one hundred eighty (180) days, provided the applicant agrees to waive timeframes set forth in Section 125.022, Florida Statutes.
(4)
Notwithstanding Section 39-413(c)(1), the Director may place the matter on the County Commission quasi-judicial agenda for consideration within one hundred eighty (180) days after the application was deemed complete, as set forth in Section 39-413(a)(1) above in the following circumstances:
a.
The Director believes that there is a substantive question regarding the interpretation of this article as it applies to the application; or
b.
If the application generates significant public interest.
(d)
Site plan revisions. Revisions to development plans after a site plan approval/development order is issued shall require the applicant to file an application with the Director.
(1)
Applicant-initiated change(s) to a site plan application or an approved site plan of fifteen percent (15%) or more in the proposed density, intensity, or square footage of a parcel ("substantive change") shall be deemed a new application and the procedures of this article shall be repeated with the required time limitations beginning anew. Substantive revisions to a site plan application shall be documented in the "Justification Statement" of the application.
(2)
Nonsubstantive revisions to a site plan application or an approved site plan may be approved by the Director. Nonsubstantive revisions shall be considered modifications that do not qualify for Section (1) above. Nonsubstantive revisions to a site plan application shall be documented in the "Justification Statement" of the application.
(e)
Effective period of an approved site plan. An approved site plan shall expire if a building permit for the identified improvements is not issued within eighteen (18) months, or if an issued building permit expires and is not in effect for a period of ninety (90) days. In such cases, the development order granting approval shall be null and void. The Urban Planning Division Director may grant up to two (2) six (6) month extensions upon a showing by the applicant that progress is being made towards securing building permit approvals or towards renewing expired building permits. Such request(s) must be made before the expiration schedules provided in this section.
(f)
Resubmittal following final order of denial. Whenever the Urban Planning Division Director has denied a site plan application or condition thereto, the Director shall not accept the same or substantially similar request unless the Director determines that such action is permitted due to changed circumstances; to prevent an injustice; or to facilitate the proper development of the County based upon evidence provided by the applicant. A new site plan application for the property that is determined to be substantially similar to the prior denied request shall not be submitted less than one hundred eighty (180) days after the date of the final order of denial and shall be required to include a new public participation plan.
(Ord. No. 2022-22, § 17, 5-11-22; Ord. No. 2023-26, § 9, 9-7-23, eff. 9-13-23; Ord. No. 2025-15, § 17, 4-1-25; Ord. No. 2025-27, § 3, 8-21-25)
(a)
All parking, loading, and circulation shall comply with Chapter 39, Article XII, Offstreet Parking and Loading, and Chapter 5, Article IX, Division 4, Development Standards for Broward County Jurisdictional Roadways, Rights-of-Way, Natural Resource Areas, and Other Easements.
(b)
Functional landscaping and tree preservation. Compliance with the applicable provisions of Chapter 39, Article VIII, and Chapter 27, Article XI, of the Broward County Code of Ordinances is required for site plan approval.
(c)
Natural Resource Areas. If a proposed development includes all or any part of any lands identified as a Natural Resource Area, or any lands for which a notice of public hearing for designation as a Natural Resource Area has been given, the proposed development shall comply with Section 5-192(b).
(d)
Bicycle Facilities' Location. Bicycle facilities shall be indicated by site plans when such facilities are voluntarily supplied or supplied in accordance with Section 39-321.
(e)
Sidewalks. Sidewalks shall comply with Section 5-192(b)(4).
(f)
Water and Wastewater Infrastructure. Water and wastewater infrastructure shall comply with Section 5-192(b)(5).
(Ord. No. 2022-22, § 17, 5-11-22)
SITE PLAN PROCEDURES AND REQUIREMENTS
(a)
Intent. It is the intent of these provisions to provide for an orderly site plan review process that ensures all applicable projects conform to the required development regulations. The procedures, standards, and required information are intended to provide a consistent and uniform method of review to ensure full compliance with the regulations and standards contained in the Zoning Code and other applicable ordinances and laws, to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these site plan review requirements to encourage cooperation and consultation between the County and the applicant to facilitate development in accordance with the Broward County Comprehensive Plan.
(b)
Applicability. Except as otherwise exempted below, this review procedure shall apply to all developments. Projects exempt from this article shall be required to comply with all other applicable development regulations.
(1)
The following activities shall not require site plan approval unless the development will occur within an area delineated on any of the Broward County Land Use Plan maps identified in Section (2) below:
a.
Maintenance or improvements of runways, taxiways, and aprons by an airport agency;
b.
Construction of bus stop shelters;
c.
Construction of sculptures, fountains, and other landscaping improvements, unless within or abutting the rights-of-way of a trafficway;
d.
Construction of signs;
e.
Demolition of structures;
f.
Canal maintenance activities;
g.
Construction of one (1) single family home on an existing single family lot;
h.
Construction of one (1) duplex on an existing lot;
i.
Site improvements such as restriping/repaving that do not include major modifications or requirements for traffic circulation (based on agency review of the development permit application, site plan review may be required);
j.
Equipment or facilities proposed by the Broward County Aviation Department or the FAA at the Fort Lauderdale-Hollywood International Airport (Airport) within the boundaries of the Airport, as legally described in the Development Order issued by Broward County dated July 8, 1998, relating to the Airport's Development of Regional Impact, including airfield pavement, air navigational aids, visual aids and facilities that are unstaffed, or any other unstaffed facilities or equipment that may be required by the FAA to be used exclusively by the FAA for the guidance or movements of aircraft, which equipment or facilities are designed, constructed, and inspected pursuant to and in strict compliance with FAA Advisory Circulars, orders, and regulations, and for which no specifications or criteria are set forth in the Florida Building Code or the Broward County Land Development Code. This exemption is strictly limited to equipment and facilities that are not occupied by people on a regular basis;
k.
Commercial economic development projects funded through the County for facade improvements only;
l.
All Florida Department of Transportation projects that occur within the right-of-way; and
m.
All County projects that occur within the right-of-way.
(2)
Lands located on a Broward County Land Use Plan map identified below shall require site plan review. The maps are as follows:
a.
Environmentally Sensitive Lands;
b.
Existing and Planned Waterwells and Zones of Influence;
c.
Wetlands;
d.
Archaeological Sites;
e.
Historic Sites;
f.
Floodplains, Flood Prone Areas and Coastal Storm Area;
g.
Priority Planning Areas; and
h.
Potential Greenways System.
(c)
Prevailing Regulations. All applications for site plan approval shall comply with the following:
(1)
The applicable provisions of this article and Chapter 5, Article IX,
Division
2, of the Broward County Code of Ordinances;
(2)
The applicable provisions of the Broward County Code of Ordinances, inclusive of this chapter, and the Florida Building Code;
(3)
The applicable provisions of the Broward County Comprehensive Plan and the Broward County Land Use Plan; and
(4)
The applicable requirements of any previously recorded plat or plat note.
(d)
Submittals. Courtesy Conceptual Plan Review and Site Plan Application.
(1)
Submitted Plans.
a.
Courtesy Conceptual Plan Review. Courtesy Conceptual Site Plan Review meetings are recommended. Plans do not need to be submitted in advance of meeting; however, any plans submitted will not be routed for agency review and comment.
b.
Site Plan Application. Applications for Site Plan Review are required at the time of submittal. Unless submitted electronically, applications shall include drawings, the overall size of which shall be 24" × 36", drawn at a scale not less than 1" = 50'.
(2)
Table of Submission Requirements is as follows:
Table 1. Submission Requirements
(Ord. No. 2022-22, § 17, 5-11-22; Ord. No. 2025-15, § 15, 4-1-25)
(a)
Depending on the location, design, size, impact, or other factor of a proposed development, the Urban Planning Division Director may require an applicant to request a Courtesy Conceptual Plan Review meeting of the site plan prior to filing a Site Plan Application. The Courtesy Conceptual Plan Review is not a replacement for the full Site Plan Application review procedure and does not qualify as a preapplication meeting.
(1)
Review for completeness of a Courtesy Conceptual Plan Review shall not be required as the review is merely conceptual. However, insufficient information may result in additional requests.
(2)
The Urban Planning Division shall schedule a meeting with the applicant and the selected review agencies to discuss the conceptual site plans.
(3)
When not required, an applicant has the option to request a Courtesy Conceptual Plan Review of the site plan prior to requesting a preapplication consultation.
(b)
No formal comments, interpretation of the code, or order shall be issued in conjunction with a Courtesy Conceptual Plan Review.
(Ord. No. 2022-22, § 17, 5-11-22; Ord. No. 2025-15, § 16, 4-1-25)
(a)
Application Procedure. The following procedures shall govern the review of applications:
(1)
Preapplication Required. Prior to the filing of a site plan application, the applicant shall attend a preapplication meeting with the Urban Planning Division staff to discuss filing requirements, including the submission requirements in Table 1 above, municipal and neighborhood notification procedures, application fee, sign posting procedures, and any other issues that may affect the application. A site plan application shall not be accepted or deemed complete until this meeting has occurred.
(2)
Completeness of application. The Urban Planning Division shall review the application to determine the completeness of required submittals based on Table 1 above. Within five (5) business days after receiving an application, the Urban Planning Division shall confirm receipt of the application using the contact information provided by the applicant. Within seven (7) business days after receipt, the Urban Planning Division shall either:
a.
Find that the application is complete and initiate the review process commencing on the eighth (8th) day after filing; or
b.
Reject the application and forward to the applicant with a notice of incompleteness specifying, with particularity, the information that is required to process the application. The applicant shall resubmit the application with the information required within thirty (30) days after receipt of the notice of incompleteness, or the application shall be deemed withdrawn. The Urban Planning Division shall review the resubmitted application in the manner provided in this section for the original application. Failure of the Urban Planning Division to issue a written notification of completeness or written specification of the area(s) of deficiency within thirty (30) days after receipt of the application shall require the County to issue the applicant a ten percent (10%) refund of the application fee.
c.
If the County makes a second request for additional information, the applicant shall resubmit the application with the required additional information within thirty (30) days after receipt of the notice of incompleteness, or the application shall be deemed withdrawn. The Urban Planning Division shall review the resubmitted application in the manner provided in this section for the original application. Failure of the Urban Planning Division to issue a written notification of completeness or written specification of areas of deficiency within thirty (30) days after receipt of the additional information shall require the County to issue the applicant a twenty percent (20%) refund of the application fee.
d.
Unless otherwise agreed to by the applicant in writing, an application may be issued a notice of incompleteness a maximum of three (3) times. Prior to the issuance of a third (3rd) notice of incompleteness, the Urban Planning Division shall offer the applicant a meeting to attempt to resolve outstanding issues that form the basis for the incompleteness. The applicant shall resubmit the application with the additional information within thirty (30) days after receipt of the applicable notice of incompleteness. If the outstanding issues are not resolved, the fourth (4th) application submitted shall be deemed complete within ten (10) days after receipt of the additional information and shall be processed in accordance with this article.
e.
Except where a notice of incompleteness is based on a final agency action of a state or federal agency denying the federal or state permit, if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the Urban Planning Division, at the applicant's request, shall proceed to process the application for approval or denial.
(3)
Agency Review.
a.
The Director shall determine to which agencies the application shall be routed based upon the type of application submitted, the intensity/density of the proposed development, and whether the application is relevant to that reviewing agency. Each agency shall review the plan in accordance with its applicable laws, rules, and procedures. The reviewing agencies are as follows:
1.
School Board of Broward County, Florida;
2.
Building Code Division;
3.
Parks and Recreation Division;
4.
Aviation Department;
5.
Broward Sheriff's Office Fire Marshal's Bureau;
6.
Broward County Health Department (BCHD);
7.
Water and Wastewater Services;
8.
Urban Planning Division;
9.
Consumer Protection Division;
10.
Environmental Resources Division;
11.
Environmental Permitting Division;
12.
Broward County Transportation Department;
13.
Traffic Engineering Division;
14.
Highway Construction and Engineering Division; and
15.
Florida Department of Transportation (FDOT), for applications where the property abuts a trafficway that is functionally classified as a state road, and propose direct vehicle access to a state road.
b.
The Director may waive agency review, in whole or in part, under this section upon a determination that such a review has already been made regarding the same land and no change in circumstances has occurred that necessitates further review, or upon a determination by the Director that further review is not necessary.
c.
Additional matters to be addressed with an application for site plan:
1.
The Broward County Health Department (BCHD) assesses availability of facilities by applying a gallons-per-day design flow demand rate to the proposed development and then determining whether the proposed development's demand will exceed the licensed capacity of the treatment plant, considering the existing utilized and "committed" capacity. The BCHD uses potable water design flow rates set forth in the Water Management Element of the Broward County Comprehensive Plan to assess adequacy of service at the time of site plan application for those properties that are not required to be platted. If the proposed land use does not have a potable water demand rate set forth in the Water Management Element, the BCHD is authorized to assign the most suitable rate.
2.
Site plan applications involving residential uses shall be forwarded to the School Board of Broward County, Florida, for a determination as to whether the project is exempt from the requirements of public school concurrency, consistent with Chapter 5 of Broward County's Land Development Code, and the Public School Facilities Interlocal Agreement.
3.
If a site plan application includes all or any part of any lands identified as a site recommended for inclusion in the Urban Wilderness Inventory by the Urban Wilderness Advisory Board pursuant to Chapter 25½ of the Code, which recommendation has been approved by the County Commission; or a site designated as a Native Vegetative Communities Category Local Area of Particular Concern within the Broward County Land Use Plan; or subject to notice of a public hearing regarding designation as a Native Vegetative Communities Category Local Area of Particular Concern or inclusion in the Urban Wilderness Inventory, which is mailed any time before a site plan application is filed, then the Urban Planning Division Director shall provide for the preparation of an environmental impact report (EIR) consistent with Section 5-182.8 of the Land Development Code.
4.
If the Broward County Aviation Department determines that the site plan application includes property that is or may be subject to the notice requirements of Federal Aviation Regulations (FAR) Part 77, Subpart B, the applicant must obtain and submit an FAA determination that it does not constitute a hazard to air navigation or require operational modifications to the airport to avoid such a hazard.
(4)
Municipal Notification. Upon acceptance of a site plan application for public or regional facilities, such as highway rest stations, transit infrastructure, landfills, government facilities, or similar uses, a copy of the application, including all attachments and drawings, shall be forwarded by the Urban Planning Division Director, electronically or by hard copy, to any municipality within a four (4) mile radius of a boundary of the site plan and to any unincorporated area neighborhood/civic organizations within a one (1) mile radius of the site plan boundary, as listed on the "Neighborhood Association/Civic Representatives List for the Broward Municipal Services District" and as delineated on the "Broward Municipal Services District Map." Municipalities and neighborhood/civic organizations shall have the same time limits as reviewing agencies to provide written comments to the Director, as specified in Section 39-413(b). Comments received from municipalities and neighborhood/civic organizations shall be attached to the compilation of comments forwarded to the applicant in accordance with Section 39-413(b) and shall be considered by the Urban Planning Division Director only as they relate to compliance with the Code.
(5)
Posted Notice. Notice of submittal of a site plan application must be provided by the applicant by posting, in accordance with this section. Within twenty-one (21) days after the issuance of a Notice of Complete Application consistent with Section 39-413(a)(2), the applicant shall securely post the sign(s) on the property in a visible location on each street frontage and shall submit to the Urban Planning Division an affidavit, including date-stamped photographic proof, of posting of the sign(s) in accordance with this section. If the applicant fails to submit the affidavit within the required timeframe, processing of the application shall cease, the application shall be deemed withdrawn, and no further action will be taken. The following requirements must be followed by the applicant for signage posting:
Public Notification Signage Posting for Site Plan Approval
*If the applicant fails to remove the sign(s) within the time frames above, the County shall have the right to remove the sign(s).
(6)
Public Participation Plan. Except as provided below, site plans located within a neighborhood or enclave identified within the BMSD Future Land Use Plan Map that consist of four (4) or more residential units; new commercial, mixed use, and industrial uses; or commercial or industrial renovations shall include a plan for citizen participation. Commercial and industrial renovations or changes of use requiring a site plan that increase required parking by less than five (5) spaces or less than fifty percent (50%), whichever is greater, are exempt from this provision. A citizen participation plan must be approved by the Director, or designee, prior to its execution by the applicant. The Director shall not issue a notice of the application's status pursuant to Section (c) below until after the applicant implements the citizen participation plan and submits to the Director a written report setting forth the results of the citizen participation plan as provided below.
a.
All citizen participation plans shall include, at a minimum, the neighborhood civic association in which the development is located or to which it is adjacent. Projects within the central county neighborhoods shall include the Central County Community Advisory Board. A minimum of one (1) meeting shall be held with the affected community.
b.
A citizen participation report shall be provided to the Director and include:
1.
A written summary of the results of the citizen participation effort prior to the first public meeting in which the application is heard;
2.
Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal;
3.
The names, dates, addresses, and number of people that participated in the process; and
4.
A written summary of the issues and/or concerns raised by residents and how the applicant proposes to resolve these issues and/or concerns. If the applicant is unable or unwilling to resolve the issues, the summary should state the reason why these issues cannot be or were not resolved.
(b)
Review responsibilities. Each review agency shall submit written comments and recommendations to the Urban Planning Division within twenty-one (21) days after acceptance of the application by the Urban Planning Division. If any reviewing agency report does not respond within said time frame, it shall be presumed that the agency has no comments or objections.
(c)
Reviewing agency reports; comments; required action. The Urban Planning Division Director shall review the application, the citizen participation report, and the reports of the reviewing agencies.
(1)
Within seven (7) business days after receiving the reviewing comments and recommendations, the Urban Planning Division shall prepare a report and issue a notice of the status of the application.
a.
For a site plan application found to be in compliance or conditionally in compliance, the notice shall state the application complies with the applicable standards and the minimum requirements of this article and that a development order will be granted, inclusive of any applicable conditions identified in the compiled report. The Urban Planning Division Director shall forward the compilation of such reviewing agency reports and the notice to the applicant and the County Commission. Each County Commissioner shall have fourteen (14) days after the date of transmittal of the notification to request that the application be placed on the County Commission quasi-judicial agenda. Absent such request, the Urban Planning Division Director shall issue an order consistent with the notice.
b.
For a site plan application found not to be in compliance with this article, the notice shall state the reason for noncompliance. The applicant shall have forty-five (45) days after the date of the notice to address any noncompliance items identified by the review agencies. The resubmitted plan shall be routed pursuant to Section 39-413(a)(3) and ensuing reviews shall be noticed and processed pursuant to Section 39-413(c). Failure to submit corrections curing deficiencies identified in the notice shall result in issuance of another notice, together with the site plan report, to the applicant and the County Commission stating the intent to deny the site plan application. A County Commissioner shall have fourteen (14) days after the date of transmittal of the notification to request that the application be placed on the County Commission quasi-judicial agenda. Absent such request, the Urban Planning Division Director shall issue a final order of denial consistent with the notice.
(2)
All site plan applications shall be issued final orders consistent with the most recent notice within one hundred twenty (120) days after the application being deemed complete as set forth in Section 39-413(a)(2) above. This period shall extend to one hundred eighty (180) days if a quasi-judicial hearing before the County Commission is requested or required.
(3)
The applicant may request, in writing or at a public hearing or meeting, one (1) extension of not less than thirty (30) days and not more than one hundred eighty (180) days, provided the applicant agrees to waive timeframes set forth in Section 125.022, Florida Statutes.
(4)
Notwithstanding Section 39-413(c)(1), the Director may place the matter on the County Commission quasi-judicial agenda for consideration within one hundred eighty (180) days after the application was deemed complete, as set forth in Section 39-413(a)(1) above in the following circumstances:
a.
The Director believes that there is a substantive question regarding the interpretation of this article as it applies to the application; or
b.
If the application generates significant public interest.
(d)
Site plan revisions. Revisions to development plans after a site plan approval/development order is issued shall require the applicant to file an application with the Director.
(1)
Applicant-initiated change(s) to a site plan application or an approved site plan of fifteen percent (15%) or more in the proposed density, intensity, or square footage of a parcel ("substantive change") shall be deemed a new application and the procedures of this article shall be repeated with the required time limitations beginning anew. Substantive revisions to a site plan application shall be documented in the "Justification Statement" of the application.
(2)
Nonsubstantive revisions to a site plan application or an approved site plan may be approved by the Director. Nonsubstantive revisions shall be considered modifications that do not qualify for Section (1) above. Nonsubstantive revisions to a site plan application shall be documented in the "Justification Statement" of the application.
(e)
Effective period of an approved site plan. An approved site plan shall expire if a building permit for the identified improvements is not issued within eighteen (18) months, or if an issued building permit expires and is not in effect for a period of ninety (90) days. In such cases, the development order granting approval shall be null and void. The Urban Planning Division Director may grant up to two (2) six (6) month extensions upon a showing by the applicant that progress is being made towards securing building permit approvals or towards renewing expired building permits. Such request(s) must be made before the expiration schedules provided in this section.
(f)
Resubmittal following final order of denial. Whenever the Urban Planning Division Director has denied a site plan application or condition thereto, the Director shall not accept the same or substantially similar request unless the Director determines that such action is permitted due to changed circumstances; to prevent an injustice; or to facilitate the proper development of the County based upon evidence provided by the applicant. A new site plan application for the property that is determined to be substantially similar to the prior denied request shall not be submitted less than one hundred eighty (180) days after the date of the final order of denial and shall be required to include a new public participation plan.
(Ord. No. 2022-22, § 17, 5-11-22; Ord. No. 2023-26, § 9, 9-7-23, eff. 9-13-23; Ord. No. 2025-15, § 17, 4-1-25; Ord. No. 2025-27, § 3, 8-21-25)
(a)
All parking, loading, and circulation shall comply with Chapter 39, Article XII, Offstreet Parking and Loading, and Chapter 5, Article IX, Division 4, Development Standards for Broward County Jurisdictional Roadways, Rights-of-Way, Natural Resource Areas, and Other Easements.
(b)
Functional landscaping and tree preservation. Compliance with the applicable provisions of Chapter 39, Article VIII, and Chapter 27, Article XI, of the Broward County Code of Ordinances is required for site plan approval.
(c)
Natural Resource Areas. If a proposed development includes all or any part of any lands identified as a Natural Resource Area, or any lands for which a notice of public hearing for designation as a Natural Resource Area has been given, the proposed development shall comply with Section 5-192(b).
(d)
Bicycle Facilities' Location. Bicycle facilities shall be indicated by site plans when such facilities are voluntarily supplied or supplied in accordance with Section 39-321.
(e)
Sidewalks. Sidewalks shall comply with Section 5-192(b)(4).
(f)
Water and Wastewater Infrastructure. Water and wastewater infrastructure shall comply with Section 5-192(b)(5).
(Ord. No. 2022-22, § 17, 5-11-22)