(A)

Applicability. All requirements of this article pertaining to subdivisions and plats shall also be applicable to recorded resubdivisions and replats, unless exempted or waived in this article.

(B)

Definitions. As used in this article, the following words and terms shall have the following meanings:

(1)

Approval, preliminary: The official action taken on a proposed plat, subdivision or dedication by the planning and zoning board, committing the planning and zoning board to final approval recommendation on a final plat incorporating the design arrangements and provisions which are the basis for preliminary approval.

(2)

Approval, final: The official action of the city on a final plat which incorporates the major features and provisions of a plat which has previously been given preliminary approval.

(3)

City engineer: The City Engineer of Oakland Park or his authorized representative.

(4)

Developer: A person or his agent, who undertakes the activities covered by this chapter.

(5)

Easement: A right granted for limited use of property for a specified public or quasi-public purpose.

(6)

Improvements, public: Any of the following: Street pavement, with or without curbs and gutters; sidewalks; alley pavement; water mains; sanitary sewers; storm drains and other drainage or runoff controls facilities; street name signs; street trees, etc.

(7)

Lot or parcel of record: A quantity of real property described as a single unit and identified in a deed and/or plat recorded in the public records of a county in the State of Florida. (Lot or parcel of record includes "warranty deed," "fee simple deed," "quit claim deed," etc.)

(8)

Plat: A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this chapter and may include the terms "replat," "amended plat," or "revised plat."

(9)

Plat, final: A complete and exact subdivision plan, prepared for official recording as required by statute and ordinance, to identify and define property rights, dedications and public improvements.

(10)

Plat, preliminary: A subdivision plan, in lesser detail than a final plat, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plat.

(11)

Principal building: A building which is occupied by, or devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building. In determining whether a building is of primary importance, the use of the entire parcel shall be considered. There may be more than one (1) principal building on a parcel.

(12)

Replat: A resubdivision plan required as the result of subdividing or resubdividing land heretofore divided or platted into lots, sites, tracts or parcels.

(13)

Right-of-way: Lands conveyed or dedicated to the public to be used for a street, alley, walkway, drainage facility or other public purpose.

(14)

Subdivision:

(a)

The division or platting of land for any use so as to create one (1) or more lots, sites, tracts or parcels otherwise designated, of any size for the purpose of ownership, leasing or building development; or

(b)

The resubdivision of land heretofore divided or platted into lots, sites, tracts or parcels including the division of property other than as indicated on a recorded plat.

(C)

Platting required. An approved plat shall be filed and recorded in the public records of Broward County, Florida, in the following instances:

(1)

Any subdivision of land; or

(2)

Any resubdivision of land; or

(3)

Prior to the issuance of a building permit for construction of a principal building upon unplatted land, or land platted prior to June 4, 1953, except as provided for in (D), (E) and (F) below.

(D)

Exemptions to platting requirement. A recorded plat or re-plat is not required in the following instances providing all right-of-way required under Article VII, Street, Sidewalk and Subdivision Standards, is conveyed by deed:

(1)

Construction of one (1) single-family dwelling home or duplex unit on a lot or parcel of record as of March 1, 1989; or

(2)

Construction of a multifamily dwelling or nonresidential building on a specifically delineated lot or parcel less than five (5) acres in size on a plat recorded on or before June 4, 1953. This includes specifically delineated lots, platted prior to June 4, 1953, which are combined to form a larger parcel, as long as the enlarged parcel is less than five (5) acres.

(3)

Resubdivision of property platted after June 4, 1953, other than provided for in (5) below. However an application for a replat with waiver of recording must be filed with the community development department.

(4)

Construction of a multifamily dwelling or nonresidential building on a lot or parcel specifically delineated on a plat recorded on or before June 4, 1953, when such lot is combined with other platted property not specifically delineated, or with vacated rights-of-way or with unplatted property, provided the specifically delineated portion constitutes a majority of the enlarged lot or parcel, a principal building will not be located on any portion of unplatted property, and the enlarged parcel is less than five (5) acres. However, an application for a replat with waiver of recording must be filed with the community development department.

(5)

Modification of lot lines of contiguous parcels where the original lots and modified lots are less than five (5) acres in size and where no additional building lots or parcels are created. However, an application for a modification of lot lines and unity of title must be filed with the community development department.

(E)

Issuance of a building permit prior to plat recording.

(1)

A building permit may be issued prior to plat recording if all three (3) of the following criteria are met:

(a)

After final plat approval by the city commission and Broward County, an agreement is executed by the developer, the city and the county. Such agreement shall at the minimum require compliance with the applicable provisions of plat approval and shall prohibit the issuance of a Certificate of Occupancy until the plat is recorded; and

(b)

The developer has installed all on-site improvements required as a condition for plat approval by the city commission and the board of county commissioners, or, the developer has provided the city with a cash bond, irrevocable letter of credit, or surety bond, executed by a company authorized to do business in the State of Florida, securing the construction and installation within a reasonable period of time of improvements deemed necessary by the city commission and Broward County in accordance with section 24-192(B) of this Code; and

(c)

Has met the concurrency requirements of section 24-176; one (1) or more of the alternative funding mechanisms outlined in section 24-175(F) may supplement (b) above.

(2)

A building permit may be issued for an essential governmental facility after final plat review where the Broward County Commission and city commission find that immediate construction of the governmental facility is essential to the health, safety or welfare of the public and where the public facilities and standards will be met concurrent with the impact of the development of the governmental facility. Such a finding shall be made in a resolution if Broward County is the governmental entity seeking to construct the facility and issue the permit; and by agreement with the city in other circumstances. A Certificate of Occupancy shall not be issued until the plat is recorded.

(3)

In addition to meeting the above criteria, the issuance of the building permit under (E) and (F)(1) and (2) above shall be subject to the following:

(a)

Compliance with the applicable land development regulations; and

(b)

Notification from the county or state of the requirement for conveyance of any land within the lot or parcel necessary for roadway, highway, street, alley, parks or utilities, including any land which is necessary to comply with the Broward County Trafficways Plan, Florida Department of Transportation or Broward County Corridor Right-of-Way Maps, or City Traffic Circulation Plan by deed or grant of easement or proof that no conveyance is required.

(F)

Provision for waiver of replat recording. City commission may waive the recording of a replat in the following instances provided that all land within the lot or parcel necessary for appropriate roadway, highway, street, alley, parks or utilities, including any land within the lot or parcel which is necessary to comply with the Broward County Trafficways Plan, Florida Department of Transportation or Broward County Corridor Right-of-Way Maps, or city Traffic Circulation Plan has been conveyed to the public by deed or grant of easement:

(1)

On property platted after June 4, 1953;

(2)

For construction of a multifamily dwelling or nonresidential building on a lot or parcel specifically delineated on a plat recorded on or before June 4, 1953, when such lot is combined with other platted property not specifically delineated, or with vacated rights-of-way, or with unplatted property, provided the specifically delineated portion constitutes a majority of the enlarged lot or parcel, a principal building will not be located on any portion of unplatted property, and the enlarged parcel is less than five (5) acres.

(Ord. No. O-93-17, § 6, 10-20-93; Ord. No. O-2005-031, § 3, 10-5-05)

The following procedure shall apply to all plat applications for subdividing or resubdividing lands in the city:

(A)

Submission and processing of plats.

(1)

Copies of preliminary plat: A subdivider seeking approval of a subdivision shall submit the number of copies of the preliminary plat specified in the application to the community development department. A copy of this preliminary plat shall then be referred to appropriate staff members and other agencies for review and comments.

(2)

When considered by the planning and zoning board: The community development department shall report the recommendations of the development review committee to the planning and zoning board together with an analysis of the conformance and nonconformance of the preliminary plat to Chapter 24, Land Development Code and other applicable laws, regulations and standards.

(3)

Preliminary plat as final plat: If the preliminary plat and supporting data filed with the community development department comply in all respects with the requirements of Chapter 24, Land Development Code and other applicable laws, regulations and standards for a final plat, the planning and zoning board may, in the case of a subdivision involving no new streets, proceed to final action upon the first consideration of the plat.

(4)

Fees: Fees are established in the Land Development Fee Schedule.

(B)

Approval of preliminary plat.

(1)

Meetings, hearings: At a scheduled public meeting the planning and zoning board will receive reports on and review the preliminary plat to determine its conformance to these regulations. While no public hearing shall be required on the proposed plat unless a public right-of-way or easement is intended to be vacated, the subdivider and any other person interested in or affected by the proposed subdivision shall have a right to be heard by the planning and zoning board either in person or by letter, before the action of the planning and zoning board is taken. The planning and zoning board shall have the right to call for a public hearing if it deems the same advisable.

(2)

Action by planning and zoning board: The planning and zoning board may approve the preliminary plat as presented if found to be in conformance with these regulations. The planning and zoning board may approve the preliminary plat with conditions if found to be in substantial conformance. The planning and zoning board may disapprove the plat when not found to be in conformance. Approval of the preliminary plat subject to conditions, revisions and modifications as stipulated by the planning and zoning board shall constitute conditional approval of the subdivision and the applicant may proceed to the final plat process.

(3)

Optional city commission review: Prior to incurring the costs of preparing a final plat, an applicant may request to have the city commission review and take action on the preliminary plat by submitting a letter to the community development department and submitting the fee as specified in the land development fee schedule.

[(C)

Reserved.]

(D)

Approval of final plat.

(1)

Submission to planning and zoning board: Within six (6) months after planning and zoning board approval on a preliminary plat, a final plat and necessary supporting data shall be submitted to the community development department for final approval; provided, however, that an extension of time may be granted by the community development department upon written request.

(2)

Conformity to preliminary plat: The final plat shall conform in all important respects with the preliminary plat as previously reviewed and approved by the planning and zoning board and shall incorporate any modifications and revisions specified by the planning and zoning board in a conditional approval of the preliminary plat.

(3)

When reviewed by the planning and zoning board: The board shall review the final plat at a scheduled public meeting.

(4)

Presentation to the city commission: Within sixty (60) days after approval of a final plat by the planning and zoning board, the final plat or section thereof shall be presented for approval by the city commission. Should the plat not be presented to the city commission within sixty (60) days, the approval of the planning and zoning board shall expire unless a written request for an extension is submitted to the community development department and granted.

(5)

Copies required: Two (2) prints and one (1) reduced eight and one-half (8½) inch by fourteen (14) inch copy shall be provided to the community development department upon approval of the final plat.

(6)

Submission in sections: The community development department may permit the submission and approval of the final plat in phases, each covering a portion of the entire proposed subdivision as shown on the preliminary plat provided the infrastructure improvements are installed in an appropriate sequence as determined by the city engineer.

(Ord. No. O-93-17, § 6, 10-20-93)

Preliminary plats shall include all information required by Broward County for such plats.

(Ord. No. O-93-17, § 6, 10-20-93)

Final plats shall include all information required by Broward County for such plats.

(Ord. No. O-93-17, § 6, 10-20-93)

(A)

Infrastructure improvement plans. Prior to the construction of any infrastructure improvements required or to the submission of a bond, letter of credit or cash deposit in lieu thereof, the subdivider shall furnish the public works department with all plans, information and data necessary to determine the character of said improvements and compliance with city standards and specifications. Plans shall be reviewed by the city engineer for conformance with city standards and specifications. Following the review, the city engineer shall determine the amount of any bond required.

(B)

Bond, letter of credit or cash deposit.

(1)

No final plat of any subdivision shall be approved unless the subdivider shall file with the city a surety bond executed by a surety company authorized to do business in the State of Florida and having a resident agent in Broward County, a letter of credit drawn upon a federal or state chartered lending institution identifying the City of Oakland Park, Florida, as beneficiary and callable at a Broward County branch of such institution or a cash deposit. The bond, letter of credit or cash deposit shall be conditioned to secure construction of the infrastructure improvements required under section 24-96 in a satisfactory manner and shall remain in effect until completion of the improvements and acceptance by the city, but in no event less than two (2) years.

(2)

All bonding of construction of infrastructure improvements, regardless of form, must receive the city engineer's review and approval for any extension beyond the initial two-year period. The bond amount must be subject to adjustment if the period is extended. Thereafter, such extended bonds will be subject to an annual review. If an additional extension is requested, the city shall make a determination on whether the bonds may be extended for another year and in what amount, or if the bonds shall be called for completion of construction.

(3)

No such bond, letter of credit or cash deposit shall be accepted unless it is enforceable by or payable to the city in a sum equal to one hundred twenty-five (125) percent of the cost of constructing the infrastructure improvements, as estimated by the engineer of record, and approved by the city engineer, and in form with surety and conditions approved by the city attorney. No assignment of any bond will be made without the written consent of the city.

(4)

In case of forfeiture, the city shall proceed to call in such bond or letter of credit, and, at its option, shall either:

(a)

Proceed with the infrastructure improvements to the extent of the available money realized from such forfeiture; or

(b)

Deposit the available money in the appropriate fund for future use in the construction of such infrastructure improvements.

(5)

A one-year warranty bond, letter of credit, or cash deposit shall be required on any constructed improvement on which the city has accepted a bill of sale. The amount of such bond will be at twenty-five (25) percent of actual cost of construction as certified by the engineer or record.

(Ord. No. O-93-17, § 6, 10-20-93; Ord. No. O-1999-013, § 10, 9-1-99)