(A)

No structure, except as provided in this Code, shall be erected within the city limits without its being erected upon a lot shown on a plat which has been:

1.

Approved by the City Commission and recorded in the public records of Broward County, Florida; or

2.

If the property owner receives written authorization from Broward County stating that platting is not required.

(B)

All plats shall conform with and be processed in accordance with all requirements of this Code.

(C)

All public improvements within subdivisions, including, but not limited to, street pavement, curbs, gutters, sidewalks, storm drainage, canals, bridges, bulkheads, sanitary sewers and water distribution systems shall be provided for all platted areas in accordance with the requirements of this Code.

When in the judgement of the City Engineer determined that curbs and gutters are not required in certain subdivisions, he shall submit such recommendation in writing to the City Commission for their approval.

This section does not require any additional developer's performance bonds or inspection fees not otherwise provided for by City ordinance.

(D)

Notwithstanding the provisions of this section, structures may be constructed on unplatted property which structures are to be used exclusively and temporarily as models for sales purposes, provided that the "models" meet all other requirements of the building code and that the developer has received prior approval of the Planning and Zoning Board of the City for such structure or model.

(E)

Provided, however, that no part of the deeded or dedicated area required by this platting ordinance shall be part of or in any way encumbered by or located in any easement or right-of-way.

(A)

After December 20, 2023, no lot, tract, or other parcel of land, however designated, which is part of a subdivision recorded in the official records of Broward County after June 4, 1953, may be further subdivided or resubdivided without approval of a subdivision resurvey. A development permit shall not be issued on any property that has been further subdivided or resubdivided without the City Commission's approval. In no instance shall approval be granted to a parcel that does not comply with all minimum Code requirements due to an unauthorized subdivision or resubdivision by sale or deed transfer of any type. The following requirements shall be met for the approval of a subdivision resurvey:

1.

A survey of the subject property, containing all of the applicable information required by Section 40.402 of this Code, shall be prepared by a registered engineer or surveyor.

2.

The proposed parcel(s) shall meet the requirements of Section 40.403 and Section 40.504 - Irregular lots, as may be applicable.

3.

Any land within the parcel that is necessary to comply with the Margate trafficways plan shall be conveyed to the public by deed or grant of easement.

4.

The developer shall submit to the city clerk a performance bond for subdivision improvements and inspection fees.

5.

The developer shall file a reproducible copy of the instrument with the city clerk with payment of filing fee as specified in the Fee Schedule adopted by Resolution of the City Commission of the City of Margate and all recording fees.

(B)

The above requirements shall not apply in cases where part of one (1) single-family lot is added to another in order to increase a building site, provided no parcel remains which has less width or depth or contains less area than the minimum established for the district in which it is located.

(C)

Where are proposed development is comprised of more than one (1) parcel or lot, the Development Review Committee may require the property owner to create a unity of title in order to process an application for a site plan, special exception or rezoning.

(A)

Procedure.

1.

Over-all plan.

a.

Submission.

i.

An over-all plan for any proposed subdivision which is to be recorded in sections shall be filed with the board for review in advance of preliminary plats for a part of the area after the application receives a recommendation of approval from the Development Review Committee (DRC).

ii.

The plan will then be considered by the Board at the next available regular meeting.

iii.

Approval of over-all plan. Where an over-all plan is submitted for approval and provided that the plan meets all of the requirements of the City ordinances, such approval shall be given tentatively by the Planning and Zoning Board. All plats submitted following such over-all plan approved shall meet all of the requirements of the City ordinances and shall be in substantial conformity with the over-all plan. Such over-all plan approval shall be valid for no longer than one hundred eighty (180) days following approval. However, the subdivider or developer may apply for and receive an extension of the tentative approval upon showing that the over-all plan is in conformity with all City ordinances and that he intends to make any necessary changes to assure that any and all future developments within the purview of the over-all plan shall be in accordance with all City ordinances in existence at the time the extension of the tentative approval is requested.

b.

Processing.

i.

A subdivider seeking approval of an overall plan shall apply to the Development Review Committee. Once the Development Review Committee has reviewed the application and provided a recommendation of approval, a subdivider shall submit the plan and all supporting documents to the Board through the Development Services Department. The plat application shall be referred to the City Engineer, the Utility Department, any drainage district in which the plan may lie, and any adjacent municipality which abuts the proposed plan. The agencies involved shall report their comments and recommendations to the Board prior to scheduling the application for a Board meeting.

a.

The City Engineer shall check the plan for general engineering and drainage requirements, and conformity with the applicable trafficways plan for the City.

b.

The City Utility Department shall determine any utility easements that may be required.

c.

The Planning and Zoning Board shall check the plat for general conformance to the zoning requirements.

c.

Requirements for over-all plan if one (1) is prepared.

i.

The overall plan shall be of a scale of not more than two hundred (200) feet to the inch except that a scale of three hundred (300) feet to the inch may be used for very large areas.

ii.

The over-all plan shall show or be accompanied by the following information:

a.

Proposed subdivision name.

b.

North arrow, scale, and date.

c.

Name of registered engineer or surveyor responsible for the plan.

d.

Subdivision boundaries.

e.

All existing watercourses, canals, bodies of water and major drainage districts.

f.

All existing streets and alleys on, or adjacent to, the tract.

g.

All existing property lines, easements and rights-of-way.

h.

Location and width of all proposed streets, alleys, rights-of-way and proposed lot lines, playgrounds, public areas and parcels of land reserved for public use.

i.

A location sketch for easy identification of the area covered.

j.

Relationship to section corners, section lines, or any other major land line(s) including approximate distances from such known points or lines.

2.

Preliminary plats.

a.

Submission.

i.

Preliminary plats for all proposed subdivisions of land lying within the City of Margate, shall be filed with the Board for review.

ii.

Plats will be considered by the Board at the next regular meeting occurring at least thirty (30) calendar days subsequent to filing.

b.

Processing.

i.

A subdivider seeking approval of a preliminary plat shall apply to the development Review Committee. Once the Development Review Committee has reviewed the application and provided a recommendation of approval, a subdivider shall transmit the preliminary plat and all supporting documents to the board. The application shall then be referred by the board, to the City Engineer, Utility Department and any drainage district in which the plat may lie and the area planning board and any municipality adjacent to the proposed plat.

ii.

The City Engineer shall examine and check the preliminary plat for general engineering and drainage requirements, and conformity to the applicable trafficways plan for the City.

iii.

The Utility Department shall check against known utility facilities and easements, or such new ones as may be required.

iv.

The drainage district shall check to make sure all drainage needs are fulfilled, and that no trafficway proposed on the plat interferes with present drainage facilities, or those planned for the future.

v.

The City Planning and Zoning Board shall check lot sizes to assure conformity with minimum standards set forth by the zoning requirements, and shall coordinate the recommendations of the several agencies above mentioned.

vi.

The City Department of Environmental and Engineering Services shall assign street addresses to the lots.

c.

Requirements.

i.

The preliminary plat shall be at a scale of not more than one hundred (100) feet to the inch, provided that a scale of two hundred (200) feet to the inch may be used for large areas.

ii.

The preliminary plat shall show or be accompanied by the following information:

a.

Proposed subdivision name or identifying title which shall not duplicate nor closely approximate the name of any other subdivision in the County except in cases where the subdivision is an added section to a former subdivision or where it is a re-plat of a portion or all of a former subdivision.

b.

Location sketch with section.

c.

North arrow, scale and date.

d.

Name of the owner of the property or his authorized agent.

e.

Name of the registered engineer or surveyor responsible for the plat.

f.

Locations and names of adjacent subdivisions.

g.

Subdivision boundaries with angles and distances. Boundaries must be clearly marked with heavy line.

h.

All existing watercourses, canals, and bodies of water.

i.

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

j.

All existing property lines, easements and rights-of-way and the purpose for which the easements or rights-of-way have been established, where known to the engineer or

k.

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

d.

Limitations on plat approval.

i.

The following limitations and conditions are placed on the preliminary plat approvals given by the board:

a.

The approval of the Board shall have full force and effect for a period of eighteen (18) months from the date of approval.

b.

If no final plat has been filed for the area covered by the preliminary plat before the approval period has elapsed, the approval shall become suspended. If final plats are filed for only a portion of the preliminary plat, the approval on the remaining portions shall become suspended.

3.

Final plats.

i.

Submission.

a.

The original of the final plat, together with all supporting documents, shall be submitted to the City for review at least thirty (30) days prior to a City Commission meeting considering same. The final plat shall be accompanied by the following:

1.

Pavement and drainage plan approval.

2.

Utility plan approval (water and sewer).

3.

Drainage district approval, as applicable.

4.

Opinion of title from a licensed Florida attorney.

b.

Should final approval from an agency other than the City be pending on any of the items listed above, the application for final plat may still be submitted for consideration by the City Commission for conditional approval. Such application for final plat approval shall be accompanied by proof of submission of the required application(s) to the respective agencies for which final approval is pending. Whenever available, confirmation of receipt of an application by the agency shall also be submitted with the application for final plat approval. Any approval of a final plat application submitted pursuant to this subsection shall be conditioned and contingent upon receipt of final approval from the respective agencies.

ii.

Processing.

a.

The City Engineer shall check all final plats to verify conformity with the preliminary plat as approved by the Board.

b.

Upon approval by the City Engineer, the final plat shall be transmitted to the City Commission, for final approval.

c.

The approval of the final plat by the City Commission shall have full force and effect for a period of one (1) year from the date of approval.

d.

No later than one (1) year following formal approval by the City Commission, the subdivider shall submit to the City Clerk:

1.

Subdivider's performance bond for subdivision improvements, as otherwise required in the ordinances of the City of Margate.

2.

Subdivision improvement inspection fees.

e.

Upon approval by the City Commission, the affixing of the corporate seal of the City of Margate, the signatures of the Board Chair, Mayor, and City Clerk, the receipt of any documents required by the City Commission's approval of the final plat, and receipt of the required bonds and fees, the final plat shall be forwarded to the City Engineer for their signature. The City Engineer in turn shall forward the final plat to the Broward County Engineering Department for further processing.

f.

If the final plat is not submitted to the City Engineer within one (1) year of approval by the City Commission, the approval of the plat shall be suspended and of no further force and effect. The City shall require the filing of a new application for a new final plat.

iii.

Requirements.

a.

The final plat mylar shall be prepared in accordance with the state plat law, Chapter 177, Florida Statutes, and with these regulations. The overall size shall be twenty-four (24) by thirty-six (36) inches with borders as required by Broward County.

b.

The following features shall be incorporated in a prominent location on the plat. (If more than one (1) sheet is required, these items shall be placed on the first sheet or page.)

1.

Plat title (all lettering same type and size).

2.

Section, township and range.

3.

City of Margate, Broward County, Florida.

4.

Graphic scale.

5.

Legal description.

6.

Location sketch.

c.

The final plat shall exhibit the below listed certificates, signatures, and approvals in the currently accepted format:

1.

Dedication by owner(s) witnessed (if by corporation, two (2) designated officers' signatures and corporate seal).

2.

Acknowledgment of dedication by notary public.

3.

Surveyor's certificate, signature and seal.

4.

City Commission's approval.

5.

City Engineer's approval.

6.

County Engineer's approval.

7.

Area planning board's approval.

8.

Mortgagee approval(s).

9.

Certificate of the clerk of the circuit court.

d.

The delineation of the plat at a scale no smaller than one (1) inch equals one hundred (100) feet shall show the following information and features:

1.

Plat boundary with all courses and dimensions with ties to two (2) or more land corners, to a recorded subdivision corner and one (1) land corner.

2.

North arrow.

3.

Width of all streets, alleys, rights-of-way and easements.

4.

Street names.

5.

Lot and block numbers or designations.

6.

Permanent reference monuments.

7.

Horizontal control points.

8.

Block corner radii.

9.

Lot dimensions to the nearest hundredth of a foot, except where riparian boundaries are involved.

10.

Arc length and central angles on all curvilinear lot dimensions.

11.

Angles or bearings indicating the direction of all lines.

12.

Centerline dimensions of all streets including arc lengths, central angles, radii and tangents of all curves.

(A)

Streets and alleys.

1.

Conformity to trafficways plan. The location, direction and width of all highways shall conform to the Broward County Trafficways Plan. Relation to existing street system. The arrangement of streets in new subdivisions shall make provisions for proper extension of existing dedicated streets in existing subdivisions where in the opinion of the City Engineer such extension is required to access undeveloped or redeveloped land.

2.

Provision for platting adjoining unplatted areas. The arrangement of streets in new subdivision shall be such as to facilitate, and coordinate with the desirable future platting of adjoining unplatted property of a similar character, and to provide for local circulation and convenient access to neighborhood facilities.

3.

Protection from through traffic. Residential streets shall be laid out and arranged so as to discourage their use by high speed non-residential through traffic. Residential streets shall not connect with industrial areas unless unavoidable.

4.

Trafficway frontage. Where a residential subdivision or residential property abuts on existing or proposed trafficway, the City may require marginal access streets, reverse frontage with screen planting contained in a non-access strip along the rear property line, deep lots with or without rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to minimize conflict of through and local traffic.

5.

Plats adjacent to railroad or expressway right-of-way. Where a subdivision borders on or contains a right-of-way for a railroad, expressway, drainage canal or waterway, the City may require a street or easement approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades for future grade separations.

6.

Reserve strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed under conditions approved by the City.

7.

Private streets. Every subdivided lot or parcel shall be served from a publicly dedicated street unless approved as part of a PUD or PRC. This requirement may be waived by the board in other special situations where the board finds public safety, convenience and welfare can be adequately served by other means.

8.

Half streets. New half or partial streets shall not be permitted except where essential to reasonable subdivision of a tract in conformance with these regulations or where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street the other part of the street shall be dedicated within such tract.

9.

Future resubdivision. If lots resulting from original subdivision are large enough to permit or require resubdivision, or if a portion of the tract is not subdivided, adequate street right-of-way to permit future subdivision shall be provided as necessary.

10.

Dead-end streets. Dead-end streets shall be prohibited, except where appropriate as stubs to permit future street extension into adjoining unsubdivided tracts, or when designed as cul-de-sacs.

11.

Cul-de-sacs.

a.

Streets having cul-de-sacs, shall not exceed four hundred (400) feet in length, except in special circumstances warranting extra length.

Cul-de-sacs shall be provided at the closed end with a circular dedicated area not less than seventy (70) [feet] in diameter for turnaround purposes. Turnarounds business, commercial and industrial areas shall be one hundred (100) feet in diameter.

12.

Street rights-of-way.

a.

Unless otherwise indicated or required by the trafficways plan, or specifically accepted by the planning and zoning board, street rights-of-way shall not be less than the following:

^* (Except trafficway previously established at one hundred (100) feet width of right-of-way as shown in the Zoning Regulations of the City of Margate).

b.

Additional right-of-way width may be required to promote public safety and convenience, or to assure adequate access, circulation and parking in high density residential areas, commercial areas and industrial areas.

c.

Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with the above standards maybe required.

13.

Alleys.

a.

Alleys should be provided to serve multiple dwellings, business, commercial and industrial areas, except that the board may waive this requirement where other definite and assured provision is made for service access, off-street loading, unloading and parking consistent with and adequate for the uses permissible on the property involved.

b.

The width of an alley shall be at least twenty (20) feet in a non-residential district, or at least sixteen (16) feet in a residential district.

c.

Changes in alignment or intersections of alleys shall be made on a center line radius of not less than thirty-five (35) feet minimum.

d.

Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities for service trucks at dead-end, with a minimum external diameter of one hundred (100) feet, or as determined to be adequate by the City Engineer.

e.

Block corners adjacent to alleys shall have a minimum radius of fifteen (15) feet in residential areas and twenty-five (25) feet in business, commercial and industrial areas.

14.

Easements.

a.

Easement shall be provided for public utilities where necessary and as required by the utilities involved and shall be at least ten (10) feet in total width.

b.

Where a subdivision is traversed by a watercourse, drainage way, canal, or stream, there shall be provided a drainage easement or right-of-way conforming substantially with the lines of such watercourses. Parallel streets or maintenance easements may be required where necessary for service or maintenance.

c.

Easements may be required for drainage purposes of such size and location as may be determined by the City Engineer, or by a drainage district if the plat lies within its jurisdiction.

15.

Street alignment.

a.

Curvilinear streets are recommended for residential minor and collector streets in order to discourage excessive vehicular speeds and to provide attractive vistas.

b.

Whenever a street changes direction, or connecting street lines deflect from each other, by more than ten (10) degrees, there shall be a horizontal curve.

c.

To ensure adequate sight distance, minimum centerline radii for horizontal curves shall be as follows:

d.

A tangent of at least one hundred (100) feet shall be inserted between horizontal curves in opposite directions on collector streets. On secondary thoroughfares this tangent shall be one hundred fifty (150) feet. Said tangent distances on major thoroughfares will be evaluated considering the over-all plat layout, intersections, etc.

16.

Street intersections.

a.

Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than sixty (60) degrees, except at a "Y" intersection of two (2) minor streets.

b.

Multiple intersections involving junction of more than two (2) streets shall be prohibited except where found to be unavoidable by the board.

c.

"T" intersections of minor and collector streets are to be encouraged.

d.

As far as possible, intersections with trafficways other than secondary thoroughfares shall be located not less than eight hundred (800) feet apart, measured from centerline to centerline. Driveways, streets, and alleys intersecting with a Broward County Trafficway shall adhere to the criteria and requirements contained in the Broward County Land Development Code.

e.

Street intersections shall be a minimum of one hundred twenty-five (125) feet apart, except where both centerlines are continuous through the intersection.

f.

Property line corners at intersections shall have a minimum radii of twenty-five (25) feet. Where the angle of intersection is less than sixty (60) degrees, a greater radius may be required by the City Engineer.

17.

Excessive street widths. Streets shall not be platted to a width of more than two hundred (200) per cent of the minimum width specified in these regulations for the type of street involved.

18.

Connection to public streets. The street system of any area to be platted shall have a direct connection, over public rights-of-way, to streets or trafficways.

(B)

Blocks.

1.

The length, width and shape of blocks shall be determined with due regard to:

a.

Provision of building sites adequate for the contemplated use.

b.

Zoning requirements.

c.

Need for convenient and safe access, circulation, control of pedestrian and vehicular traffic.

d.

Limitations and opportunities of topographic features.

2.

Block length shall not exceed one thousand three hundred twenty (1,320) feet nor be less than five hundred (500) feet, unless found unavoidable by the Development Review Committee.

3.

Where found necessary, pedestrian crosswalks, not less than ten (10) feet in width, may be required in blocks over one thousand (1,000) feet in length to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities.

(C)

Lots.

1.

The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and to the character of the surrounding development.

2.

Lot dimensions and areas shall not be less than specified by applicable provisions of the zoning regulations.

3.

Corner lots shall be a minimum of five (5) feet wider than the minimum width required by the zoning regulations for interior lots.

4.

Side lot lines shall be substantially at right angles or radial to street lines.

5.

Double frontage and reverse lots for residential use shall be avoided, except where essential to provide separation of residential development from trafficways or to overcome complications of topography and orientation. A landscaped easement providing a planting screen of at least five (5) feet, and across which there shall be no right of vehicular movement or use, shall be provided along the property line of lots abutting such trafficway or other disadvantageous situation.

6.

Every lot shall abut upon and have permanent legal access to a street. Residential lots shall have a street frontage of not less than twenty (20) feet, unless relevant zoning district regulations otherwise permit. Non-residential lots shall have a street frontage determined by the regulations of the relevant zoning district.

7.

Lot arrangement and design shall be properly related to topography, to nature of contiguous property and to the character of surrounding development.

(D)

Canals and water areas.

1.

Canals or water areas connecting to navigable waterways accessible to the public shall not be dedicated to the public unless a maintenance easement of twenty (20) feet is provided along each side of the canal dedication.

2.

The minimum width of canal dedication shall be sixty (60) feet. Canal and water area improvements shall conform to any requirements set forth under authority of the local drainage district. Should a continuous canal retaining wall be required, it shall be constructed along both sides of the canal concurrently with the excavation of the canal in accordance with the specifications of Section 11-17.

(E)

Parks and recreational areas. Any plat shall contain a park or recreational area deeded or dedicated to the City of Margate consisting of such quantity of land as represents the required level of service standards outlined in the Margate Comprehensive Plan. The City shall use the same methodology to calculate park acreage needs for a proposed development as described in Section 5-182.7 Adequacy of Parks and Recreation of the Broward County Land Development Regulations, as amended from time to time. Where the area to be platted is less than sixty (60) acres, the developer shall place a sum equal to the value of the land which would be set aside for parks and recreational areas into the City's Parks and Recreation Trust Fund to be held in escrow and used by the City for the purposes mentioned in subsection (4) below. Said value of the land may be paid into the Parks and Recreation Trust Fund at the time of plat approval or incrementally as approved by the City Manager at the time building permits are issued for the construction of the units within the approved plat. The aforementioned value shall be the current appraised value of the land subdivided without improvements and shall be determined jointly by the City Commission and the subdivider. If the City Commission and the subdivider cannot agree on a land value, then the land value shall be established by appraisal. The City Commission shall appoint a professional land appraiser, the subdivider shall appoint a professional land appraiser and these two (2) shall appoint a third. The three (3) appraisers shall then determine the value of the property for the purposes of these provisions. The fees for the appraiser shall be divided equally between the City and the developer or subdivider.

It shall be discretionary with the City Commission whether or not to accept a dedication of land pursuant to this subsection where said land is encumbered by utility easements of any type.

1.

In lieu of the dedication of land area as described in paragraph (E) above, the City Commission may, in its discretion, accept a cash donation to the Parks and Recreation Trust Fund of the City to be used only for parks and recreational purposes an amount equal to the figure referred to in paragraph (E); in the event the City Commission and the subdivider cannot agree on the land value then the donation amount shall be determined as hereinabove provided for by arbitration.

2.

All real property donated shall be utilized for parks and recreation sites or facilities unless the following is found:

a.

The real property donated is found to be unsuitable for a park or recreation site; or

b.

A present park or recreation facility capable of being expanded for utilization by the citizens of a new development, subdivision or project is in such close proximity to the real property that it would provide a duplication of services. In the event that either (1) or (2) [of paragraph (E)(2)] is met, the City shall have the right to sell to the highest bidder the real property donated pursuant to the recreation donation, and all monies received by the City for said sale shall be deposited in the City of Margate Parks and Recreation Trust Fund.

(4)

All monies utilized in the Parks and Recreation Trust Fund shall be utilized only for the acquisition and development of new parks and recreation facilities or the expansion and addition to older parks and recreation facilities so as to allow their utilization for new residents of the City. In addition to the foregoing, money received from all telecommunication tower rentals may be utilized for improvements, enhancements or other necessary expenses for parks and recreation purposes.