(A)

The purpose of Divisions 1 and 2 is to provide rules for exemptions and other guidelines related to the platting requirements of the Town of Davie Comprehensive Plan. The requirements of this chapter are adopted for the following purposes:

(1)

To assist in orderly and efficient development of the town;

(2)

To promote the health, safety, morals and general welfare of the residents of the town;

(3)

To ensure conformance of subdivision plats with the effective land use plan, zoning requirements and public improvement plans of the town;

(4)

To ensure coordination of development of related areas of the town in contiguous territory;

(5)

To establish uniform standards for the design of subdivision plats and for minimum subdivision improvements;

(6)

To provide regular procedures for the uniform and expeditious processing and approval of subdivision plats by the proper officials;

(7)

To assure cooperation and greater convenience for subdividers.

(B)

Platting requirement:

(1)

The town may not grant an application for a building permit for the construction of a principal building on a parcel of land unless a plat including the parcel or parcels of land has been approved by the Broward County Commission and recorded in the official records of Broward County subsequent to June 4, 1953. This section will not apply to an application for a building permit which meets any of the following criteria:

(a)

Construction of two (2) or fewer residential dwelling units. Application for two (2) or fewer residential dwelling units on property under the same ownership, within five hundred (500) feet of the property exempted within the past twelve (12) months, shall not be exempt; or

(b)

Construction on any multifamily or nonresidential lot or parcel which is less than five (5) acres in size and specifically delineated on a plat recorded on or before June 4, 1953;

(c)

The town may by agreement allow building permits to be issued after plat approval and before recordation, provided no certificate of occupancy is issued prior to recordation.

(2)

Provided that, in addition to meeting the above criteria, the issuance of the building permit shall be subject to all of the following:

(a)

Compliance with the applicable land development regulations; and

(b)

Any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan or sections 12-330 through 12-338 of the Town Code has been conveyed to the public by deed or grant of easement.

(C)

The town council shall not approve for recordation in the official records any plat of lands that is not in compliance with the Davie Future Land Use Plan map or other effective land use plan map.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2011-24, § 2(Exh. A), 7-27-11)

Any subdivision of land into two (2) or more parcels shall require approval of a plat in accordance with Broward County requirements or, in cases where platting is not required by Broward County, approval by the Town of Davie of a site plan (which may be in the form of a conceptual site plan or master site plan) along with documents demonstrating unified control, providing for maintenance and control of common areas, granting easements deemed critical for site circulation, recreational trails or other purpose, and dedicating land for public amenities.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2014-23, § 2(Exh. A), 12-2-14)

Editor's note— Ord. No. 2014-23, § 2(Exh. A), adopted Dec. 2, 2014, changed the title of § 12-361 from "Replatted lots" to read as set out herein.

(A)

When an individual proposes to combine lots that are specifically delineated in a plat recorded on or before June 4, 1953, into a larger parcel, but one still smaller that five (5) acres, replatting is not required as long as any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan has been conveyed to the public by deed or grant of easement.

(B)

When a lot or parcel specifically delineated in a plat recorded on or before June 4, 1953, is combined with land which has been platted (but not specifically delineated) or with vacated rights-of-way and the enlarged parcel is less than five (5) acres in size, replatting is not required as long as the specifically delineated lot(s) or parcel(s) constitutes the majority of the enlarged lot or parcel and as long as any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan has been conveyed to the public by deed or grant of easement.

(Ord. No. 90-4, § 7, 2-21-90)

No person, firm or corporation shall create a subdivision of a tract of land in the town unless it conforms to these regulations.

(Ord. No. 90-4, § 7, 2-21-90)

Editor's note— Ord. No. O2021-030, § 2(Exh. A), adopted Nov. 3, 2021, repealed § 12-364, which pertained to dedication of road rights-of-way for platted and unplatted subdivisions and multifamily development projects and derived from Ord. No. 90-4, § 7, adopted Feb. 21, 1990; and Ord. No. 2002-35, § 1, adopted Oct. 16, 2002.

(A)

All offers to dedicate any lands to public use in the town contained on plats of lands heretofore recorded in the public records of Dade or Broward County be and the same hereby are accepted by ordinance subject to conditions as determined by the town council.

(B)

This section shall not be construed so as to conflict with any prior resolution of the Board of County Commissioners of Broward County, Florida, or of this council either specifically accepting, rejecting or abandoning any such dedication on any specific plat.

(C)

This section shall apply solely to those lands as to which there is no record of any formal action by the board of county commissioners or the council.

(D)

This section shall not be construed so as to require the council to commence construction of any of the roads, ditches, parks or other utilities which may be dedicated by the plats.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

A plat suitable for residential development shall be designed to provide for the park, open space and recreational needs of the future residents of the platted area, and the developer shall be required to comply with the provisions of this chapter prior to the approval of the proposed plat.

(B)

The developer of any residential property not subject to replatting shall be required to comply with the regulations set forth in section 12-323(F) prior to the issuance of a building permit for construction of each residential unit.

(C)

Developers, in lieu of dedicating ten (10) acres of land per one thousand (1,000) population for recreation and open space, may opt to pay a fee as provided in section 12-323(F)(2).

(Ord. No. 90-4, § 7, 2-21-90)

(A)

An application for plat review for all proposed subdivisions of land lying within the town shall be filed with the development services department. The application shall be signed by the current owner or owners of the property being platted and the name, signature, address and telephone number of the developer's or owner's representative who shall be contacted with regard to processing of the application for the plat approval. All signatures are to be notarized. Simultaneously with said filing, the developer shall file three (3) boundary and topographic surveys of the property proposed to be platted, said topographic surveys shall show existing ground elevations, together with all existing structures. All elevations shown must be referred to United States Coastal and Geodetic Survey's mean sea level.

(B)

The applicant shall pay to the development services department a fee as set by the council by means of a resolution enacted by a majority of the council at a public hearing with proper legal advertising which is on file in the town clerk's office. The sum shall be nonrefundable.

(C)

The applicant shall submit twelve (12) copies of the plat, the overall size of which shall be twenty-four inches by thirty-six inches (24″ × 36″), drawn at a scale no smaller than one inch equals forty feet (1″ = 40′) except when a smaller scale is approved by the development services department, and which shows the following:

(1)

Proposed subdivision name or identifying title. Such name shall not be the same or in any way so similar to any name appearing on any recorded plat in Broward County as would confuse the records or mislead the public as to the identity of the subdivision, except when an existing subdivision is subdivided as an additional unit or section by the same developer or his successors in title.

(2)

A plat location sketch within section.

(3)

North arrow, graphic scale and date.

(4)

Name of the owner of the property or the owner's authorized agent.

(5)

Name of the registered surveyor responsible for the plat.

(6)

Lots and blocks of adjacent recorded plats, giving plat book and page number along with names of such plats.

(7)

Plat limits with angles and distances. Plat limits must be clearly marked with a heavy line.

(8)

All existing watercourses, canals and bodies of water within or adjacent to the plat limits.

(9)

All existing streets and alleys on or adjacent to the tract, including name and right-of-way width.

(10)

The legal description of the property being platted.

(11)

All existing easements and rights-of-way within or adjacent to the plat limits and the purposes for which the easements or rights-of-way have been established, where known to the surveyor.

(12)

Location and width of all proposed ultimate rights-of-way, alleys, easements; proposed lot lines with dimensions, public areas, and parcels of land proposed or reserved for public use.

(13)

If the development abuts a trafficway, proposed points of access to the trafficway.

(14)

Access to a public right-of-way that will be utilized by the proposed development.

(15)

Space for signature of the Planning and Zoning Board of the Town of Davie.

(16)

Space for signature and seal of the Town Council for the Town of Davie.

(17)

Space for signature of the Development Services Department of the Town of Davie.

(18)

The parcel encompassed by the legal description shown on the plat shall be clearly identified with a heavy line, dimensions and courses, with independent ties to two (2) or more land corners, or independent ties to a recorded subdivision, and one (1) land corner.

(19)

Space for plat book and page number outside the border in the upper right-hand corner of each page.

(20)

Notes or legend, and any tabular data or other data pertinent to the plat, on each page that contains the drawing.

(21)

Dedication and acknowledgement.

(22)

Mortgagee approval and acknowledgement.

(23)

All plat dimensions shall be shown accurate to one-hundredths of a foot, except for riparian boundaries, which may be shown as approximate with a witness line showing complete dimension data. Rows of lots with the same dimensions may use ditto marks providing the first and last lots in the row are appropriately dimensioned.

(24)

Computation of the square footage or acreage of the land proposed to be platted accurate to the nearest one-hundredth of an acre. All survey and survey information shall be certified by a land surveyor licensed in the State of Florida.

(25)

The surveyor's certificate shall state conformity with:

(a)

Chapter 177, Florida Statutes.

(b)

National Geodetic Vertical Datum (NGVD) and National Ocean Survey Third Order Control Standards.

(c)

Applicable sections of Chapter 21 HH-6, Florida Administrative Code.

(26)

At least two (2) benchmarks referenced to the National Geodetic Vertical Datum of 1929 or the Broward County Vertical Network in conformity with the standards adopted by the National Ocean Survey for Third Order Vertical Control. No benchmark shall be established purporting to be based on the National Geodetic Vertical Datum or the Broward County Vertical Network unless the benchmark is certified by a surveyor licensed in the State of Florida and such certification is shown on the plat. The benchmarks are shown on the plat. The benchmarks shall be of a permanent nature, easily accessible, located within, along or within two hundred (200) feet of the plat boundary and described by ties to the plat boundary. The plat shall list in the plat notes the governmental benchmark from which the plat benchmarks were established. Only benchmarks established by federal, state, county or municipal governments shall be acceptable as the starting benchmark.

(27)

The plat shall be restricted to grid bearings or azimuths, with state plane coordinates shown on all permanent reference monuments and all land ties where the plat lies within sections assigned state plane coordinates that have been recorded in the public records of Broward County. Coordinates may be tabulated when necessary for legibility and must appear on each page that contains the drawing. State plane coordinates shall be derived from field measurements in conformity with the "Minimum Technical Standard for Land Surveying," pursuant to Chapter 21, Section 21HH-6, Florida Administrative Code, adopted by the Florida Board of Land Surveyors, September 1, 1981.

(28)

A mathematical closure of the plat boundary shall not exceed three hundredths (0.03) of a foot.

(29)

Additional information as requested by the Town of Davie staff.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

Given that residential dwelling units and non-residential square footages within the Regional Activity Center (RAC) and Transit Oriented Corridor (TOC) areas must be specifically allocated and tracked, the Town shall utilize the plat, replat and plat note amendment process as the method of allocating such units and square footages. The Town Council's approval of any plat, replat or plat note amendment within the RAC or TOC shall serve to allocate and reserve the specified residential units or non-residential square footages to the particular parcel of land until such time as the landowner voluntarily releases them, such as through a subsequent plat note amendment, provided that the allocation shall expire if any of the following occur:

(1)

The plat or replat is not recorded within eighteen (18) months after County approval, or in the case of a plat note amendment, the plat note amendment is not approved by the County within 18 months of Town approval.

(2)

The finding of adequacy expires.

Upon expiration pursuant to paragraphs (1) and (2) above, the residential units and/or square footages shall revert back to the pool of available densities and intensities and the Town Council shall have the discretion to reassign previously allocated residential units and/or non-residential square footages to other development applications based on the date of application. The Town Council shall similarly have the discretion to reassign residential and/or non-residential square footages upon any request for renewal of a finding of adequacy.

(B)

Plats, replats, and plat note amendments approved by the Town Council prior to August 4, 2010, shall be deemed to allocate and reserve the specified residential units or non-residential square footages as set forth in paragraph (A) above, except that such residential units and square footages shall not expire as set forth in paragraphs (1) and (2) and shall not be subject to reassignment upon a request for renewal of a finding of adequacy.

(Ord. No. 2010-16, § 2, 8-17-10)

(A)

Plats Subject to Various Reviews: All plats shall be subject to review by the development review committee, the planning and zoning board and the town council.

(B)

Development Review Committee Review: The development review committee shall review the application and plat for conformity with the requirements of this article and the Town of Davie Concurrency Management Requirements as specified in Article XI, and shall compile a list of those corrections and additions, if any, to the plat which must be made by the applicant in order to proceed for review by the planning and zoning board.

(1)

The applicant shall have a period of six (6) months from the date of the development review committee meeting at which the plat was reviewed to submit for review by the planning and zoning board.

(2)

An applicant may submit a written request for a two-month extension of the effective six-month time period from the date of the development committee meeting at which the plat was reviewed. If a written request for an extension is not submitted prior to the expiration of the effective period, the applicant must resubmit in accordance with requirements of this article.

(C)

Planning and Zoning Board Review: The applicant shall submit five (5) copies of the revised plat to the development services department for review to determine if the revised plat is in conformance with the additions and corrections required by the development review committee and may proceed for review by the planning and zoning board. Said submittal shall be signed by all of the owners of the property to be platted, indicating their approval of the plat and executing the dedications required. In addition, the approval of all persons holding mortgage liens against any property platted shall appear on the plat. Further, proof must be submitted to the council that the persons signing constitute all of the owners of the property platted and all persons holding mortgage liens against the property so platted.

(1)

Subsequent to review by the development service department of a resubmittal that had been deemed incomplete, the applicant shall resubmit in accordance with section 12-372 of this article.

(2)

Upon a recommendation to proceed for review by the planning and zoning board from the development services department, the applicant shall submit fifteen (15) copies of the revised plat within the time specified by the department. The development services department shall schedule the plat on the next most appropriate agenda for review by the planning and zoning board and town council.

The plat linen shall be submitted to the development services department before 5:00 p.m. on the date of the planning and zoning board meeting.

(D)

Town Council Review: Subsequent to review by the planning and zoning board, the development services department will schedule the plat on the next most appropriate agenda for review by the town council.

(1)

The council must act by resolution to approve or disapprove the plat.

(2)

Three (3) copies of the plat as approved by the council shall be retained by the development services department as town property. The linen of the final plat shall be returned to the developer.

(3)

Prior to plat recordation, if available, the applicant shall furnish to the development services department a digital graphic data file of the plat as approved by the county commission.

(Ord. No. 90-4, § 7, 2-21-90)

Except as provided in section 12-369, prior to the initiation of any commercial, industrial or institutional use of land, new construction, including grading, dredging and filling, clearing or grubbing, or infrastructure construction incidental to new construction in any of the zoning districts of the town, a site plan must be reviewed and approved in accordance with this division. In addition to the requirements of this division, the site plan review process shall adhere to the procedures set forth in section 12-306(F).

(Ord. No. O2019-004, § 2(Exh. A), 1-23-19; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

Editor's note— Ord. No. O2019-004, § 2(Exh. A), adopted January 23, 2019, in effect, repealed § 12-368 and enacted a new § 12-368 as set out herein. Former § 12-368 pertained to general purpose.

(A)

In general. Site plan approval is not required for the following:

(1)

Construction and related site development of one (1) single family detached dwelling on a lot lawfully established prior to February 21, 1990, where there are no other existing or proposed dwellings on such lot.

(2)

Alterations of the interior of an existing structure.

(3)

Construction solely related to an agricultural use.

(4)

The placement of temporary buildings and structures, such as construction offices and equipment shelters, which are necessary for the completion of town-approved development projects, where such buildings and structures are also exempt from a building permit pursuant to the Florida Building Code.

(B)

Town facilities. Site plan approval is not required for construction and development involving town facilities on town-owned land; provided that, the town council may direct the town administrator to conduct an alternative site plan review process as appropriate to the scope of the proposed town facility.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 2016-014, § 2(Exh. A), 7-27-16; Ord. No. O2018-009, § 2(Exh. A), 4-4-18; Ord. No. O2019-004, § 2(Exh. A), 1-23-19; Ord. No. O2024-025, § 2(Exh. A), 9-18-24)

(A)

A conceptual site plan may be submitted by the developer for informal discussion with the building official, senior planner or development services director prior to submission of the final site plan.

(B)

Data furnished on a conceptual site plan shall include information as is necessary for review.

(Ord. No. 90-4, § 7, 2-21-90)

(A)

Staff review. The development review committee members shall review site plan applications for conformity with this chapter and promptly provide the applicant with a report of any deficiencies. If there are no deficiencies, the application shall be scheduled for review at the next available meeting of the planning and zoning board. Upon receiving a report of deficiencies, the applicant must submit such revisions to demonstrate compliance with this chapter prior to the item being scheduled for review by the planning and zoning board or town council. Any revisions submitted by an applicant shall be promptly reviewed by the appropriate development review committee members and, once determined to be in compliance with the provisions of this chapter, shall be scheduled for review by the planning and zoning board at the next available meeting. Once an application has been determined to be deficient, the applicant shall have nine (9) months from the date of such report to resolve the deficiencies or the application will be considered withdrawn.

(B)

Planning and zoning board review: The planning and zoning board shall review site plan applications in accordance with the Town Charter and chapter 2, article V and make appropriate recommendations to the Town Council.

(C)

Town Council Review: Subsequent to review by the planning and zoning board, the town administrator, or designee, will schedule the site plan on the next most appropriate agenda for review by the town council. The town council shall consider the planning and zoning board recommendation and all relevant evidence presented by the town and the applicant and may, based upon said evidence, deny, approve or approve with conditions the plan.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 95-27, § 1, 6-21-95; Ord. No. 96-42, § 1, 11-6-96; Ord. No. 2005-008, § 1, 5-4-05; Ord. No. 2016-018, § 2(Exh. A), 8-17-16; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

(A)

An application for site plan review shall be filed with the planning and zoning division based on forms provided by the Town Administrator or his or her designee, along with a fee as set by resolution of the Town Council. The application shall be signed by the current owner or owners of the property to be developed and the name, signature, address, and telephone number of the developer's or owner's representative who shall be contacted with regard to processing of the application.

(B)

The Town Administrator or designee shall provide applicants with a checklist of all required plans and other materials as needed to facilitate an efficient, thorough review and to demonstrate compliance with all applicable town requirements. Within seven (7) business days of a submittal, the Town Administrator or designee shall provide the applicant with a written determination of whether the application is complete or incomplete, along with a list of any missing items. Formal review of the application will not commence until the application is deemed complete.

(C)

In the Open Space Design Overlay, the following shall be submitted in addition to the requirements as stated above:

(1)

Yield plan. A yield plan shall be presented to town staff, at time of a required pre-application conference to determine the maximum number of permitted dwelling units upon a particular parcel of land. Such plan shall be analyzed by staff based on the underlying zoning district's development regulations, subtracting road rights-of-way, easements, required wetland mitigation, or other natural resource lands from the base site area. In addition, conceptual stormwater retention plans shall also be provided to ensure that any proposed yield plan could be feasibly designed upon the subject site.

(2)

Site context map. This map shall illustrate the parcel in connection to its surrounding neighborhood. Based upon existing data sources and field inspections, it should show various kinds of major natural resource areas or features that cross parcel lines or that are located on adjoining lands.

(3)

Conservation identification. In addition, applicants are required to demonstrate that the following design process was performed by a certified landscape architect and considered in determining the layout of proposed street, house lots, and open space.

(a)

Step one: Identifying conservation areas. Identify preservation lands by two (2) steps. First, primary conservation areas (such as wetlands and floodplains) and secondary conservation area (including mature trees stands, prime farmlands, wildlife habitats and cultural features such as historic and archeological sites and scenic views) shall be identified and delineated. Second, the potentially developable area will be identified and delineated. To the maximum extent feasible, the potentially developable area shall consist of land outside identified primary and secondary conservation areas.

(b)

Step two: Locating house sites. Locate the approximate sites of individual houses within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the town's historic development pattern. The number of houses enjoying the amenities of the development should be maximized.

(c)

Step three: Aligning the streets and trails. Align streets in order to access the house lots. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.

(d)

Step four: Lot lines. Draw in the lot lines.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 2002-34, § 1, 10-16-02; Ord. No. 2004-031, § 4, 10-6-04; Ord. No. 2012-28, § 2(Exh. A), 12-5-12; Ord. No. 2013-21, § 2(Exh. A), 9-18-13; Ord. No. 2016-014, § 2(Exh. A), 7-27-16; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

(A)

In general. Site plans approved pursuant to this section shall expire three (3) years from the date of approval, which expiration shall automatically occur without further notice to the applicant for whom said plan was approved unless a Town of Davie construction permit is secured and maintained in furtherance of the approved the site plan. In the event an approved site plan is extended by any provision of this section, any ancillary development application having a town-imposed expiration provision shall automatically be extended commensurate with the site plan.

(B)

If a Town of Davie construction permit has not been secured and maintained as set forth in paragraph (A), the developer may apply for a one-year extension pursuant to the site plan modification procedure. No extension shall be granted unless the proposed development, with modifications if necessary, demonstrates compliance with all current Land Development Code requirements, provided that no adequacy determination is necessary where the level of development density or intensity is not increased. An extension approved pursuant to this paragraph (B) shall expire one (1) year from the date of approval, which expiration shall automatically occur without further notice to the applicant unless a Town of Davie construction permit is secured and maintained in furtherance of the approved site plan.

(C)

Due to the economic downturn beginning in 2008, and notwithstanding any provision to the contrary in paragraphs (A) or (B) above, site plans approved by town council which were eligible to be extended by way of Laws of Florida 2009-96 or 2010-147 shall automatically be extended as authorized by said Laws of Florida, even if the landowner did not provide written notice to the town of the intention to utilize either of these statutory extensions. The provisions of this paragraph (C) shall apply retroactively and shall nullify any automatic expiration which may have occurred between September 1, 2008, and April 20, 2011.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 91-33, 9-4-91; Ord. No. 2000-12, § 2, 4-3-00; Ord. No. 2007-006, § 1, 3-22-07; Ord. No. 2010-16, § 2, 8-17-10; Ord. No. 2011-15, § 2(Exh. A), 4-20-11; Ord. No. 2012-28, § 2(Exh. A), 12-5-12; Ord. No. 2014-23, § 2(Exh. A), 12-2-14; Ord. No. O2020-002, § 2(Exh. A), 2-5-20)

(A)

Material changes. Except as otherwise set forth in this section, any material change in use of buildings, land or water, or institution of new uses, or alteration of or addition to buildings or structures, or erection of new buildings or structures shall require a new or modified site plan and approval of the Town Council in accordance with section 12-368 except that a supermajority vote of the Town Council is necessary to approve a modification to restrictive covenants recorded in connection with a prior site plan approval.

(B)

Non-material changes. The Town Administrator or designee may approve non-material changes to a development as set forth in paragraph (C) below. For purposes of this section, a proposed change shall be considered a non-material change if in compliance with all of the following limitations:

(1)

The use of the property is not changed;

(2)

The change does not require a variance or similar action requiring Town Council approval;

(3)

The setback or yard shown on the approved site plan for both principle and accessory buildings is not reduced below five (5) percent of that which was approved;

(4)

The lot coverage is not increased by more than two (2) percent of that which was approved;

(5)

The spacing between principal and accessory buildings is not reduced below five (5) percent of that which was approved;

(6)

The height of a building or structure is not increased by more than five (5) feet or the maximum permitted in the district, whichever is less;

(7)

The gross floor area is not increased by more than two (2) percent of that which was approved, or by more than two hundred (200) square feet, whichever is less;

(8)

New or modified model dwelling units are similar in size and overall quality to previously approved models;

(9)

Changes to lot configurations in a residential development do not increase the total number of lots shown on the approved plan;

(10)

Changes to lot configurations in a residential development do not reduce the square footage of any lot by more than two (2) percent or five hundred (500) square feet, whichever is less;

(11)

Changes to lot configurations in a residential development do not decrease the overall open space on the approved plan;

(12)

Changes to landscape material, including location, planting techniques, species, or size do not affect the overall quality and function of the previously approved landscape plan; and

(13)

The character and value of improvements and amenities is not substantially reduced.

(14)

The changes are consistent with all conditions, stipulations, deed and use restrictions or representations by the developer or authorized agent as part of the prior approval by Town Council.

(C)

Approval of non-material changes. Upon making a determination that an application involves a non-material change as described in paragraph (B) above, the Town Administrator or designee shall refer the application for review by the Development Review Committee members and, if deemed necessary, by the planning and zoning board. After completion of review, the Town Administrator or designee shall be authorized to approve or deny the non-material change, The Town Administrator or designee shall have the discretionary authority to require Town Council review and approval of any modification whether non-material or material.

(Ord. No. 90-4, § 7, 2-21-90; Ord. No. 99-11, § 1, 4-7-99; Ord. No. 99-38, § 1, 10-20-99; Ord. No. 2012-28, § 2(Exh. A), 12-5-12; Ord. No. 2016-014, § 2(Exh. A), 7-27-16; Ord. No. O2021-030, § 2(Exh. A), 11-3-21)

(A)

General Purpose. The purpose of this section is to encourage the construction of planned developments. A master planned development is intended to provide greater opportunity for construction of quality development on large tracts and/or parcels of land by providing guidelines to ensure that property is developed in a cohesive, orderly, planned, and well-designed manner. Further, it is the general purpose of the master planned development to:

Provide an alternative for more efficient land use, resulting in smaller networks of utilities, safer street network, promoting greater opportunities for public and private open space;

Encourage harmonious and coordinated development of the site, considering the natural features,pedestrian and vehicular circulation, and land use relationship with surrounding properties and the general neighborhood including the overall aesthetic appearance of the master planned development;

Require the application of professional planning and design techniques to achieve overall coordinated development eliminating the negative impacts of unplanned and piecemeal development that may result from rigid adherence to the standards found elsewhere in this Code.

(B)

Applicability. A master development plan is required for any nonresidential use on any parcel of land five (5) or more acres and any residential development consisting of ten (10) of more acres except as listed below. Master development plans shall not be required for one (1) single family home on ten (10) acres of land or more. These regulations do not apply within the Griffin Road Corridor District. In addition, these regulation apply to the following districts regardless of parcel size: Planned Business Center (B-3), Planned Industrial Park (M-3), Planned Community Facilities (PCF), Suburban (S), Utilities (U), Suburban Commercial (SC), Urban Commercial (UC), Freeway Business (FB), or Business Park (BP).

(Ord. No. 2001-030, § 1, 6-20-01; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

(A)

All land included within an application to the town council for master planned development approval shall provide evidence of unity of title or unified control agreement. A plan of common development and common ownership may also be provided either through common ownership association, condominium declarations, or other forms of ownership where unity of title does not exist for all lands covered by the master planned development approval. The petitioner shall present evidence in an agreement, that any development successors in title are bound to the approval of said master planned development.

(1)

Said unity of title or unified control agreement shall be submitted to the town prior to site plan approval or within three (3) weeks of the issuance of a building permit to allow the town attorney to review said document.

(2)

Said title or agreement shall include all assessment and membership provisions and require the town to be party for any amendments to the title or agreement.

(B)

The approval of a master planned development shall include as an enforceable condition: "All plans, specifications, agreements, and requirements as herein set out, together with an enforceable agreement on the part of the developer that the land so planned shall not be developed in any other way except in substantial accord with the said plans, specifications, agreements and requirements approved as part of the master planned development."

(C)

A restrictive covenant shall be provided along with said unity of title or unified control agreement. The restrictive covenant shall provide for the maintenance of all common master plan elements, such as access drives, easements, landscaping, irrigation, lighting, shared drainage facilities, utilities, and any other elements deemed necessary by the town council to ensure the proper upkeep and maintenance of said master planned development.

(Ord. No. 2001-030, § 1, 6-20-01; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

(A)

A master planned development shall provide for more efficient use of the land in the following ways:

(1)

Access points shall be shared;

(2)

Internal roadways shall be shared;

(3)

Water and wastewater facilities shall be shared;

(4)

Landscape buffers shall not be required adjacent to any parcel which adjoins another parcel within the master development plan;

(5)

Open space and building coverage requirements can be spread throughout the entire development, resulting in no net loss of open space throughout the development, although all on-site landscaping requirements must be met, except as stated in [subsection] (4) above.

(6)

Water bodies may account for no more than twenty (20) percent of open space requirements, except as specified under open space uses, limitations in section 12-72.

(7)

Internal separation between buildings shall be no less than twenty (20) feet.

(8)

All signage shall be reviewed under the master plan development. In addition, the number of freestanding signs are limited to one (1) sign per access point only when adjacent to a road right-of-way.

(B)

The above referenced items shall be the only code required elements to be shared by all buildings and/or parcels within the master planned development. Individually identified parcels within the master planned development shall meet minimum lot requirements.

(C)

The required perimeter landscaping, swales and any entrance features shall be installed for the entire project area shown on the master planned development at least ninety (90) days after the first building permit is issued, or as otherwise set forth in the conditions of master planned development approval.

(Ord. No. 2001-031, § 1, 6-20-01; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

All master plan submittals shall be preceded by a preapplication conference with planning and zoning division staff. Master plans and master plan modifications shall be reviewed and approved pursuant to the site plan review process and site plan modification process, respectively, as set forth in sections 12-371 and 12-374. Easements and dedications associated with a master plan shall be accepted by ordinance. Any and all amendments to individual parcels shall be done through an amendment to the master development plan. Elevations not approved through the original master development plan shall be processed as site plans.

(Ord. No. 2001-031, § 1, 6-20-01; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

(A)

An application for master site plan review shall be filed with the planning and zoning division based on forms provided by the town administrator or his or her designee, along with a fee as set by resolution of the town council. The application shall be signed by the current owner or owners of the property to be developed and the name, signature, address, and telephone number of the developer's or owner's representative who shall be contacted with regard to processing of the application. All signatures shall be notarized.

(Ord. No. 2001-030, § 1, 6-20-01; Ord. No. 2004-031, § 4, 10-6-04; Ord. No. 2012-28, § 2(Exh. A), 12-5-12)

Approval of master planned developments shall expire in the same manner site plan approvals as set forth in section 12-373.

(Ord. No. 2001-030, § 1, 6-20-01; Ord. No. 2007-006, § 2, 3-22-07; Ord. No. 2010-16, § 2, 8-17-10; Ord. No. 2011-15, § 2(Exh. A), 4-20-11)

A stormwater pollution prevention plan (SWPPP) shall be submitted with all application for building and engineering permits. The SWPPP shall be in compliance with the requirements of chapter 62-621, Florida Administrative Code (F.A.C).

(A)

[Requirements.] The SWPPP shall contain sufficient information to allow the town engineer to determine whether the proposed development or construction meets the requirements of this section. The SWPPP shall include, but not limited to the following:

(1)

Site descriptions.

(a)

Potential sources of pollution that may affect the quality of the stormwater discharge.

(b)

Best management practices (BMPs) to reduce the pollutants in stormwater discharge associated with construction activity.

(c)

Appropriate erosion and sediment controls to reduce erosion and sedimentation.

(d)

Procedures for maintenance of vegetation, erosion and sediment controls.

(e)

Inspection schedule of construction activity and inspection report.

(f)

Existing and final elevation contours at an interval and scale sufficient for distinguishing drainage patterns before and after disturbance.

(g)

Critical areas within or near the project area, such as streams, lakes, wetlands, highly erodible soils, public streets, and residences.

(h)

Limits of clearing and grading and existing vegetation.

(i)

Location and name of erosion and sediment control elements with dimensions.

(j)

Location of temporary construction entrance and exit.

(k)

Spill response equipment and secondary containment of onsite fueling.

(l)

Proper maintenance of material storage and debris stockpiles.

(m)

Proper stabilization and compaction of perimeter berms, lakes and canal banks.

(n)

Any other requirements deemed necessary by the town.

(2)

Erosion and sediment controls. Construction activities could generate significant amounts of pollutants that may harm surface or ground waters. The erosion and sediment controls shall be in conformance with guidelines of the Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual, developed by the Florida Department of Environment Protection. Erosion and sediment controls shall include, but not be limited to, the following:

(a)

Sediment basins and traps, perimeter dikes, filter fabric, haybale and other measures intended to trap sediment shall be constructed to protect onsite and offsite as a first step in any land-disturbing activity and shall be made functional before land disturbance takes place.

(b)

Erosion and sediment control measures shall be adjusted to meet field conditions at the time of construction and be constructed prior to any grading or disturbance of existing surface material on balance of site. Perimeter sediment barriers, silt screens shall be constructed to prevent sediment or trash from flowing or floating on to adjacent properties. All erosion and sediment control measures shall be continuously maintained during the construction phase of the development. Turbidity barriers shall be installed at stormwater discharge locations.

(c)

Permanent or temporary soil stabilization shall be applied to denuded areas within seven (7) days after final grade is reached on any portion of the site. Temporary soil stabilization shall be applied immediately to denuded areas that may not be at final grade but will remain undisturbed for longer than fourteen (14) days. Permanent stabilization shall be applied to areas that are to be undisturbed for more than six (6) months.

(d)

Erosion and sediment control measures shall apply to all features of the construction site, including street and utility installations as well as to the protection of individual lots.

(e)

After any rainfalls of 0.25 inches or greater, sediment control structures will be inspected for integrity and shall be documented on the NPDES inspection report. Any damaged devices shall be corrected immediately.

(f)

During all phases of construction, all stormwater entering, leaving, or flowing through construction sites shall be controlled in a manner consistent with the approved stormwater plan and shall not adversely affect the drainage of the adjacent properties.

(g)

Where construction vehicle access routes intersect paved public roads, provisions shall be made to minimize the transport of sediment by tracking onto the paved surface. Where sediment is transported onto a public road surface with curbs, the road shall be cleaned thoroughly at the end of each day. Sediment shall be removed from the roads by shoveling or sweeping and transported to a sediment disposal area. Street washing shall only be allowed after sediment is removed in this manner. This provision shall apply to individual lots as well as to larger land-disturbing activities.

(h)

Underground utility lines shall be installed in accordance with the following standards in addition to other applicable criteria:

1.

Excavated material shall be placed on the uphill side of trenches.

2.

Effluent from dewatering operations shall be filtered or passed through an approved sediment-trapping device, and discharged in a manner that does not adversely affect flowing streams or off-site property.

(i)

All temporary erosion and sediment control measures shall be removed within thirty (30) days after final site stabilization. Disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation.

(j)

No person shall engage in land-disturbing activity until an engineering permit has been issued by the town engineer.

B.

Permitting requirement. Developer or contractor of construction/development activities shall submit a notice of intent (NOI) to the FDEP and obtain a State of Florida Generic Permit for National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge from the FDEP. A copy of the approved State of Florida Generic Permit for Stormwater Discharge from Construction Activities shall be submitted to the town engineer along with the town permit applications.

C.

Inspections. No land clearing, grading, filling or construction activities on land shall begin prior to inspection and approval of the town engineer or his designee. It shall be the responsibility of the developer or contractor to contact the town engineering division to arrange for said inspection.

D.

Violations and penalties. Any person found in violation of this section shall be notified in writing by the town engineer or his designee and shall pay a fine of five hundred dollars ($500.00). Any person who allows said violation to continue twenty-four (24) hours after the first notification shall pay a fine of two hundred fifty dollars ($250.00) per day for each day of violation thereafter.

(Ord. No. 2004-032, § 1, 10-21-04)

(A)

Purpose, intent and scope. This section is intended to ensure that businesses, professions and occupations proposed to be conducted within the town comply with the Town Code of Ordinances, including the Land Development Code, the Florida Building Code, the Florida Fire Prevention Code, and Broward County Local Amendments to the Florida Fire Prevention Code.

(B)

Certificate of use required. Except as provided in paragraph (C) below, no building, structure or location within the Town of Davie shall be used or occupied for the purpose of conducting any business, profession or occupation without first obtaining zoning certificate of use pursuant to this division (4).

(C)

Exceptions. A certificate of use is not required for the following:

(1)

Any business, profession or occupation lawfully established prior to January 1, 2020, and having a valid business tax receipt on January 1, 2020 for such business, profession or occupation, shall be deemed to have a certificate of use provided that a new certificate of use must be obtained upon a change of ownership, change of location, or upon any material change in the nature of the business, profession or occupation.

(2)

Where a proposed business, profession or occupation has no physical location in the town other than a post office box.

(3)

Where the business, profession or occupation is part of a temporary use permit approved pursuant to section 12-317.

(4)

Agricultural use, as defined in section 12-503, conducted on property designated as a farm pursuant to section 193.461.

(D)

Applications for certificate of use.

(1)

Applications shall be submitted on forms provided by the town administrator or designee, along with such fee as may be adopted by resolution of the Town of Davie.

(2)

Where a proposed business, profession or occupation will require completion of interior renovations to an existing building, the applicant may apply for a certificate of use prior to or concurrent with the building permit application for such interior renovations.

(3)

Applications which are deemed incomplete shall not be reviewed but instead the town administrator or designee shall inform the applicant of the deficiencies in writing. Applications which remain incomplete more than one hundred twenty (120) days after the first notice of incompleteness shall be deemed withdrawn.

(4)

Applications considered complete shall be reviewed for compliance with Town Code of Ordinances, including the Land Development Code, the Florida Building Code, the Florida Fire Prevention Code, and Broward County Local Amendments to the Florida Fire Prevention Code. Compliance reviews shall be conducted by the town's building official and other qualified town officials and inspections of the premises may be performed if needed to verify compliance, provided that applications for home occupations shall be subject only to review and inspection pursuant to the Land Development Code.

(E)

Final determination on applications. The town administrator or designee shall make a final determination on each application for certificate of use, which determination shall be writing and indicate whether the application is approved, approved with conditions or denied.

(F)

Administrative provisions.

(1)

Scope of a certificate of use. A separate certificate of use is required for each location of a business, profession or occupation within the town, including those sharing space within the same business establishment.

(2)

Term. Once issued, a certificate of use shall remain valid provided that the associated business tax receipt is obtained and renewed annually. A new certificate of use must be obtained upon any change of ownership or change of business name, change of business location, any material change in the nature of the business, profession or occupation.

(3)

Display of certificate. Once issued, the certificate of use shall be displayed conspicuously at the place of business and in such a manner as to be viewable to the public and subject to the inspection of all duly authorized officers of the town.

(4)

Periodic inspections. The town shall be authorized to conduct inspections of any premises to determine compliance with the provisions of this section, provided that such inspections shall be scheduled in advance and at time reasonably convenient for the applicant or certificate holder. Failure to obtain proper inspection of the premises shall be grounds for denial of an application for certificate of use or revocation of an existing certificate of use.

(Ord. No. O2020-003, § 2(Exh. A), 2-5-20)