The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building located on the same lot as the main building or on an adjacent lot, the use of which is clearly incidental to the use of the main building.

Accessory use means a use customarily incident to the principal use as permitted.

Amendment means any change to an adopted comprehensive plan except corrections, updates and modifications of the capital improvements element concerning costs, revenue services, acceptance of facilities or facility construction dates consistent with the plan as provided in F.S. § 163.3177(3)(b), and corrections, updates or modifications of current costs in other elements, as provided in F.S. § 163.3187(2).

Building means any structure or part thereof, either temporary or permanent, having a roof, which gives protection or shelter for any occupancy. The term "building" shall be included within the term "structure."

Building permit means:

(1)

Any permit for the erection or construction of a new building required by the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time.

(2)

Any permit for an addition to an existing building which would:

a.

Create one or more dwelling units; or

b.

Involve a change in the occupancy of a building as described in the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time.

(3)

Any permit which would be required for the nonresidential operations included in the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time, as adopted by the city.

Comprehensive plan means a plan that meets the requirements of F.S. §§ 163.3177 and 163.3178.

Cone of influence (zone of influence) means an area around one or more major water wells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth.

Developer means any person, including a government agency, undertaking any development.

Development means:

(1)

The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two or more parcels.

(2)

The following activities or uses shall be taken for the purposes of this chapter to involve "development," as defined in this section:

a.

A reconstruction, alteration of the size or material change in the external appearance of a structure on land.

b.

A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or land.

c.

Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in F.S. § 161.021.

d.

Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

e.

Demolition of a structure.

f.

Clearing of land as an adjunct of construction.

g.

Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(3)

The following operations or uses shall not be taken for the purpose of this chapter to involve "development" as defined herein:

a.

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad tract, if the work is carried out on land within the boundaries or the right-of-way.

b.

Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purposes of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, tracks, or the like.

c.

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

d.

The use of any structure or land devoted to dwelling uses or any purpose customarily incidental to enjoyment of the dwelling.

e.

A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

f.

A change in the ownership or form of ownership of any parcel or structure.

g.

The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

(4)

"Development," as designated in an ordinance, rule, or development rule includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1) of this definition.

Easement means any strip of land created by a subdivider for public or private utilities, drainage, sanitation, or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.

Floodplains means areas inundated during an identified flood event or identified by the National Flood Insurance Program as an A Zone or V Zone on flood insurance rate maps or flood hazard boundary maps.

Lot means a parcel of land fronting on a street which is or may be occupied by a building and its accessory buildings, including required open spaces. The word "lot" shall include the words "plot" and "tract."

Lot lines means the lines bounding a lot.

Parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Right-of-way means land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access or ingress, or other purpose by the public, certain designated individuals, or governing bodies.

Street means a thoroughfare which affords principal means of access to abutting property and including avenues, boulevards, courts, terraces or public ways over 20 feet in width.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the land, or attached to something having a permanent location on the land, including fences. The term "structure" shall include buildings.

Subdivision means the platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.

(Code 1979, ch. 21, § 3.1; Ord. No. 2002-0812, § 5, 6-11-2002)

Cross reference— Definitions generally, § 1-2.

No application for a building permit for the construction of a principal building on a parcel of land in the city shall be granted unless a plat including such parcel of land has been approved by the city commission and recorded in the official records of the county subsequent to June 4, 1953, which commences with Plat Book 32, page 15, official records of the county. The only exceptions to this mandatory platting rule are as follows:

(1)

If the application for a building permit is for the construction of a single-family dwelling unit on a single-family parcel and the applicant has met all other city requirements; or

(2)

If the application for a building permit is for the construction of a multifamily or nonresidential parcel which is less than five acres in size and the boundaries of which are specifically delineated on a recorded plat, and the applicant has met all other city requirements.

(Code 1979, ch. 21, § 3.9)

In instances where platting is waived as specified in section 42-191, the owner shall provide the following items:

(1)

Certified boundary survey by a registered land surveyor licensed to practice in the state.

(2)

Fully executed instruments pertaining to required deeds, right-of-way, easements or reservations as may be required by the city engineer.

(3)

Bond or other acceptable surety for all construction and maintenance of improvements as may be required by the city.

(4)

Current opinion of title from an attorney licensed to practice law in the state, or an opinion from a title insurance company licensed in the state with offices in the county showing proof of ownership of the property.

(Code 1979, ch. 21, § 3.10)

The owners of lots or parcels of land within the city as now defined, or as hereafter defined to be the limits of the city, shall cause to be made an accurate map or plat of such subdivision in the manner provided by the state statutes and further described in section 42-196. The complete plat or map shall be submitted to the city commission for approval, and upon approval by ordinance of the city commission, the plat may be recorded in the office of the clerk of the circuit court in and for the county, immediately after its approval. The map or plat so recorded shall thereupon constitute a sufficient conveyance to vest in the city the fee title to the parcels of land described for streets, highways, alleys, parks, parkways, commons, or other public uses to be held by the city in trust for the use and purposes in the instrument set forth, expressed, designated, and intended, and the ordinance of the city commission approving such plat or map shall have the force and effect of an acceptance of the streets, highways, alleys, parks, parkways, commons, or other public uses therein contained. No plat shall be accepted by the city or approved by the city commission unless and until all taxes and improvement liens levied against the lands included in such plat shall have been paid and discharged and until all taxes and improvement liens have been submitted to the city development review committee and planning and zoning board.

(Code 1979, ch. 21, § 3.11)

(a)

The plat of a proposed subdivision shall be prepared by a registered land surveyor licensed to practice in the state. The plat shall meet the requirements of F.S. ch. 177 and the county engineering division plat submission requirements. The plat should be planned in accordance with sound, established engineering principles and practices pertaining to drainage, and the drainage plan referred to in section 42-200 shall be utilized by the city commission for determining whether the proposed subdivision plat is compatible with established drainage facilities within the city.

(b)

Each plat shall provide for a minimum lot size of 8,500 square feet and shall provide frontage of not less than 85 feet on any street and each lot shall be not less than 85 feet in depth, except that this minimum frontage requirement shall not apply to any lot fronting on a cul-de-sac.

(Code 1979, ch. 21, § 3.12)

Prior to filing an application for final plat approval, an applicant shall file an application for preliminary plat review.

(1)

Procedures.

a.

Application for preliminary plat review. An application for preliminary plat review shall be filed and processed pursuant to subsections 42-73(1) through (4) and subsections 42-73(6) and (7).

b.

Preliminary development review report. Within nine working days of receiving the reviewing agencies' staff reports, the development review official shall prepare a preliminary development review report on the application. Such preliminary development review report shall be completed and available to the applicant at least two working days prior to the development review committee's review of the application.

(2)

Submission requirement. An application for preliminary plat review shall be accompanied by an application and a preliminary plat for development, the overall size of which shall be 24 inches by 36 inches, drawn to a scale no smaller than one inch equals one foot except when a smaller scale is approved by the county engineering division, plat section, and which shows the following:

a.

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 the 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.

b.

A plat location sketch.

c.

North arrow, scale and date.

d.

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

e.

Name of the registered surveyor responsible for the plat.

f.

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

g.

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

h.

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

i.

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

j.

The legal description of the property being platted.

k.

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.

l.

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.

m.

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

n.

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

(3)

Committee review. Prior to issuance of the recommendation to proceed, the development review committee shall review the application for preliminary plat review for conformity with the requirements for final plat approval of this chapter and shall complete a list of those corrections and additions, if any, to the preliminary plat which must be made by the applicant in order to receive a recommendation to approve an application for final plat approval by the development review committee.

(4)

Issuance of recommendation to proceed. Within 50 calendar days from the acceptance of an application for preliminary plat review, the development review official shall issue to the applicant a recommendation to proceed with an application for final plat approval. The recommendation to proceed shall indicate those corrections and additions established by the development review committee as necessary to receive a recommendation to approve an application for final plat approval.

(5)

Effect of recommendation to proceed.

a.

A recommendation to proceed shall have full force and effect for a period of six months from the date of the development review committee meeting at which the preliminary plat was reviewed.

b.

If an application for final plat approval is filed, based on a preliminary plat subject to an effective recommendation to proceed, the application shall include the additions and corrections required by the recommendation to proceed or be deemed an incomplete application for the purposes of subsection 42-73(4).

c.

An applicant may submit a written request for a two-month extension of the effective six-month time period of the recommendation to proceed issued for the preliminary plat pursuant to subsection (4) of this section. If a written request for an extension is not submitted prior to the expiration of the effective period, the recommendation to proceed shall have no force and effect. A complete application for final plat review shall be filed within the two-month extension period or the recommendation to proceed shall have no force or effect.

(Code 1979, ch. 21, § 3.13)

(a)

Submission requirements. An application for final plat approval shall include the following documents and be delivered to the development review official as provided for in subsection 42-73(10): The final plat linen, an original title certificate or an attorney's opinion of title, tax letter or receipt from the county revenue collection division for tax letter preparation, subdivision plat filing form, plat review service charge form, review fee, and one blueprint of the plat. The final plat linen shall be an original drawing, prepared pursuant to F.S. ch. 177, and containing original signatures. The overall size shall be 24 inches by 36 inches, with proper borders clear of all writing except for the space for plat book and page, and office of planning plat file number, drawn to a scale no smaller than one inch equals 100 feet, except when a smaller scale is approved by the county engineering division, plat section, and showing the following additional information:

(1)

Space for signature of the chairman of the county commission.

(2)

Space for signature of county administrator.

(3)

Space for engineering division director's signature and seal.

(4)

Signature of designated municipal official except where the plat is within a compact deferral area. This requirement may be met before final plat approval.

(5)

Space for county surveyor's signature and seal, if applicable.

(6)

Space for approval of the county planning council.

(7)

Plat location sketch.

(8)

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 or more land corners, or to a recorded subdivision, and one land corner.

(9)

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

(10)

Plat file number as assigned by the county office of planning, development management division, outside the border in the lower right hand corner of each page.

(11)

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

(12)

Executed dedication and acknowledgement.

(13)

Executed mortgage approval and acknowledgement.

(14)

Adjacent streets.

(15)

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 approximately dimensioned.

(16)

Computation of the square footage of each parcel of land and the acreage of the land proposed to be platted accurate to the nearest square foot. All survey and survey information shall be certified by a land surveyor licensed in the state.

(17)

At least two benchmarks referenced to the National Geodetic Vertical Datum of 1929 or the 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 county vertical network unless the benchmark is certified by a surveyor licensed in the state and such certification is shown on the plat. The benchmarks shall be of a permanent nature, easily accessible, located within, along or within 200 feet of the plat boundary and described by ties to the plat boundary. The plat shall list in the plat notes benchmarks were established. Only benchmarks established by federal, state, county or municipal governments shall be acceptable as the starting benchmark.

(18)

The plat shall be restricted to grid bearings or azimuths, 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 the 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 F.A.C. ch. 61G17-6.

(19)

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

(20)

Copies of approved certified corner records shall be submitted to the county land surveyor prior to plat recordation unless approved certified corner records are on file with the state department of environmental control pursuant to F.S. ch. 177, pt. III.

(21)

The surveyor's certificate shall state conformity with:

a.

F.S. ch. 177.

b.

North American Vertical Datum (NAVD).

c.

Applicable sections of F.A.C. ch. 61G17-6.

(b)

An application for final plat approval shall be submitted to the development review official accompanied by a valid preliminary plat recommendation to proceed and receipts of acceptance from the county engineering division and the county environmental quality control board.

(c)

Procedural requirements shall be as follows:

(1)

An application for final plat approval shall be filed and processed pursuant to subsection 42-73(1)a, subsections 42-73(6) and (7) and subsections 42-73(9) through (12).

(2)

If a notice of incompleteness is sent, the applicant may resubmit the application with the additional data required, in which event the development review official shall review the resubmitted application in the manner provided in this subsection for the original application.

(3)

If a written authorization to proceed, as provided for in subsection 42-73(10) is not received within 30 calendar days of issuance of the notification of preparedness, provided for in subsection 42-73(9), or within the effective period of the recommendation to proceed, whichever is later, the application for final plat approval shall be deemed withdrawn.

(4)

Upon acceptance of the application for final plat approval, the development review official shall forward to the reviewing agencies as provided in subsection 42-73(2), a copy of the application. The agencies will be requested to comment to the city on the preliminary plat application, and forward such comments to the development review official within 15 working days of transmittal by the development review official of the application copy and accompanying material.

(5)

Within five working days of acceptance of the application for final plat approval, the development review official shall forward to the applicant a determination as to whether the proposed plat falls within or creates a compact deferral area as defined by the county. This determination shall be made based upon the day on which the accepted application was received. A notification that a proposed plat falls within or creates a compact deferral area shall require the applicant to comply with the concurrency requirements of the county for compact deferral areas.

(6)

Within six working days of receipt of all the agency staff reports, the development review official shall prepare a written final development review report with proposed findings and a recommendation. Within 21 calendar days of acceptance of the application for final plat approval, the development review official shall forward to the applicant a notification of readiness, stating that the application is ready to be presented to the city commission.

(Code 1979, ch. 21, § 3.14; Ord. No. 2015-0922, § 3, 1-27-2015)

All plats submitted for city approval shall undergo a development review as provided in article II, division 3, subdivision II, of this chapter. The development review committee will prepare a development review report on each plat submitted for processing. The review will be forwarded to the planning and zoning board and city commission for consideration. The review will consider the following items:

(1)

Consistency with the adopted comprehensive plan including future land use, permitted uses, density, impacts to natural resources, cones of influence and level of service.

(2)

Drainage and flood protection.

(3)

Traffic circulation and roadway capacity, driveway access and parking layout.

(4)

Availability of public facilities to serve the proposed plat such as potable water, sanitary sewer, solid waste, police and fire protection, parks and schools.

(Code 1979, ch. 21, § 3.15)

(a)

Prior to consideration of a plat, the subdivider shall submit the drainage plan, project plat, and the declaration of reservations and restrictive covenants to be recorded by the subdivider, to the planning and zoning board.

(b)

The planning and zoning board, after consideration of the development review report and other factors it deems relevant, shall make appropriate recommendations to the city commission.

(Code 1979, ch. 21, § 3.16)

The city commission, may, in its sound discretion, approve only those plats and declarations of reservations and restrictive covenants that conform to the high standards and previous plats and instruments theretofore approved by the city, and shall reject all plats and documents submitted until the provisions of this chapter are fully complied with.

(Code 1979, ch. 21, § 3.17)

(a)

Before any plat of a subdivision in the city shall be approved and accepted by the city commission for recording purposes, the subdivider shall submit to the city commission a detailed drainage plan prepared by a licensed professional engineer of the state. The drainage plan will include existing topographic elevations, proposed grades, location and sizing of proposed drainage system, soil drainage characteristics and drainage calculations.

(b)

Every such plat shall provide facilities for adequate drainage of the area to be platted.

(c)

The city commission, in its sole discretion, shall refuse to approve plats for areas for which drainage facilities have not been adequately provided.

(Code 1979, ch. 21, § 3.18)

(a)

The surety on the bonds required by sections 42-219 and 42-220 shall be a reputable insurance company, authorized to transact business in the state and acceptable to the city commission.

(b)

The bond shall be conditioned upon the completion of the paving of the roads and streets, the installation of water mains and fire hydrants and the installation and construction of bridges, seawalls and bulkheads in the subdivision in accordance with specifications established by the city and within such time as may be specified in each case by the city commission.

(c)

The bond shall provide that attorney fees and costs incurred by the city in enforcing the provisions of the bond shall be a part of the penalty thereof.

(Code 1979, ch. 21, § 3.21)

No dedicated public street or alley can be constructed, improved or extended by private individuals, but only by the city or under its supervision. No such dedicated street or alley may be constructed except on street grades established by the city and adequate easements and rights-of-way shall be provided for the installation of sewers and the extension of water mains and utilities. The city shall have the right to specify the minimum paved surface which may be permitted, and no public street shall be opened which contains less than a 50-foot dedicated right-of-way.

(Code 1979, ch. 21, § 3.7)

Whenever it may be deemed necessary the city commission may cause any street, alley or public highway to be opened, straightened, diverted, widened, narrowed, vacated or closed. No street, alley or other property dedicated to the public use shall be vacated or abandoned except by an ordinance passed by the city commission. Before any street, avenue, alley or other public place, appearing on any plat of record and dedicated to the public use, can be vacated or abandoned, the person or parties so desiring the vacation or abandonment shall make application to the city commission for such vacation or abandonment, whereupon such application for vacation of street or alley shall be referred to the city planning and zoning board for its recommendation, and thereafter the city commission shall cause a public hearing to be held on such matter at a regular meeting of the commission, and notice of such public hearing shall be duly published in a newspaper of general circulation in the city.

(Code 1979, ch. 21, § 3.8)

(a)

Before any plat of a subdivision in the city shall be accepted by the city commission for recording purposes, the subdivider shall pave the streets as shown on the plat in accordance with specifications established by the county for the paving of roads and streets, and shall install all water mains and fire hydrants in the subdivision in accordance with the city's overall plan for the development of its water system.

(b)

In lieu thereof, the subdivider shall post a performance bond with the city in the full amount of the city's estimate of the cost of such improvements, the bond to guarantee completion of all improvements within a fixed period and be returnable only after one year from date of completion of the improvements.

(c)

The subdivider shall permit authorized representatives of the city to make periodical inspections as often as the city deems necessary to ensure the city's specifications are being complied with.

(Code 1979, ch. 21, § 3.19)

Before any plat of a subdivision in the city shall be approved and accepted by the city commission for recording purposes, the subdivider shall install and construct all bulkheads or seawalls along any canals, waterways or finger canals designated on the plat, or in lieu thereof, post bond of the same force and effect as the bond outlined in section 42-219.

(Code 1979, ch. 21, § 3.20)

(a)

In all new subdivisions to be developed in the city, provisions shall be made for the installation of sidewalks by and at the expense of the property owner. Such sidewalks shall either be constructed at the time of constructing the subdivision improvements or in the alternative, and at the option of the subdivider, provision shall be made for the construction thereof at the time of the issuance of the building permit by the city for each individual lot in the subdivision.

(b)

In all existing subdivisions, if at least 50 percent of the lots on one side of a given street or block which have residential structures erected thereon also have sidewalks constructed, then all future construction of residential lots on that side of the street shall provide for construction of sidewalks by the owner of the individual lot at the time of the issuance of the building permit.

(c)

All sidewalks described in subsections (a) and (b) of this section shall be constructed on the public right-of-way abutting the particular lot in question as particularly determined by the city engineer and the sidewalks shall be constructed to the standards and specifications established by the city engineer and the city building department.

(d)

It shall remain the responsibility of the abutting property owner to maintain all sidewalks in good and safe condition.

(Code 1979, ch. 21, § 3.22)