(a)

The purpose of this section is to establish the procedures and requirements for obtaining approval of a plat of subdivision as defined by F.S. ch. 177.

(b)

Plat required.

(1)

Whenever land is subdivided in the Village of Palmetto Bay a plat must be recorded in the official records of Miami-Dade County. No plat of subdivision lying within the Village of Palmetto Bay shall be recorded in the official records of Miami-Dade County until the village council approves the plat. No building permit shall be issued unless the village council has approved a final plat and recorded. Furthermore, no certificate of occupancy shall be issued prior to the final plat, including the parcel or parcels of land on which a building will be constructed, has been recorded in the official records of Miami-Dade County.

(2)

A building permit may be issued for an essential governmental facility after plat review where the village council finds that immediate construction of the governmental facility is essential to the health, safety, or welfare of the public and where the village determines that public facilities and services will be available at the adopted level of service standards concurrent with the impact of development of the governmental facility. A certificate of occupancy shall not be issued until the plat is recorded.

(c)

Conformity to comprehensive plan. The village shall consider no plat application unless the proposed plat is in conformance with the village adopted comprehensive plan.

(d)

Upon request of the applicant and payment of an application fee, a preliminary plat may be reviewed by the public works department. the comments and advice of staff, however, shall not be binding on the village or be construed to create any right for the petitioner to rely on said comments. Review of a preliminary plat shall be done in a reasonable time with specific notice to the petitioner as to what constitutes a reasonable time under the existing facts and circumstances at the time of submission.

(e)

Final plat review. All final plats must be submitted to the village council for approval. No final plat, however, shall be scheduled for said approval until the plat and all supporting documentation required under this section have been received by the staff and reviewed under the authority contained in this chapter. No application for final plat will be accepted by the village without approval of a corresponding tentative plat by Miami-Dade County. The final plat shall have incorporated all changes or modifications as required to make the tentative plat conform to village and Miami-Dade County requirements. The public works department shall submit the report to the village manager, for transmittal to the village council. The village council shall approve the final plat, as recommended by staff, if the plat is found to be in conformance with these regulations.

(Ord. No. 07-21, § 1, 7-2-2007)

(a)

Format of final plats. A land surveyor registered in the state shall prepare the final plat. The final plat shall be clearly and legibly drawn to a sheet size of 30 inches by 36 inches and to a scale of sufficient size to be legible, with letters and numbers to be no smaller than one eighth of an inch in height. The final plat, insofar as preparation is concerned, shall comply with all applicable regulations and state laws dealing with the preparation of plats.

(b)

Final plat application requirements. The final plat and application shall be filed with the public works department on forms provided by the department. The application shall be submitted along with the required number of copies and an application fee as established by the village. The recording costs for legal documents and fees for notification shall be paid prior to and as a condition for the plat to be submitted for public hearing before the village council. The following information shall be part of the final plat unless waived by the public works director:

(1)

Name of the subdivision. The plat shall have a title or name. The title of the plat shall include the name of the village, the section, township and range of which such platted land is a subdivision. The department shall disapprove any name or title, which is similar to the name of any previously, approved plat in the village and which may cause confusion.

(2)

Deed description. There shall be printed upon the plat a full and detailed description of the land embraced in the map or plat showing the township and range in which such lands are situated and the section and part of sections platted and a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. If a subdivision of a part of a previously recorded plat is made, the previous lots and blocks to be resubdivided shall be given. If the plat is a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law.

(3)

A sealed current topographic survey ("plat survey"). The plat survey shall cover the entire area being platted and extend a minimum of 100 feet beyond the plat limits. The surveyor shall certify that the survey meets the requirements of this section. The plat survey shall contain at a minimum the following information:

a.

Property boundaries;

b.

Existing watercourses, canals and bodies of water within or adjacent to the plat limits;

c.

Existing easements within or adjacent to the plat limits and the purposes for which the easements have been established;

d.

Existing streets and alleys on or adjacent to the tract, including name and right-of-way width; and,

e.

All encumbrances and restrictions specified within the owner and encumbrance report.

(4)

Location of property lines, existing easements, buildings, watercourses, elevations, permits and other essential features.

(5)

Names of adjacent subdivisions.

(6)

Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces as well as similar facts regarding property immediately adjacent.

(7)

The width and location of any street or other public rights-of-way or places shown on the village or county future transportation system plan within or adjacent to the area to be subdivided, and the width and locations of all streets or other public rights-of-way proposed by the petitioner.

(8)

All plat boundaries.

(9)

Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.

(10)

Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearing.

(11)

Accurate location of all monuments.

(12)

Length of all arcs, radii, internal angles, points of curvature and tangent bearings.

(13)

Date of field survey, north point and geographic scale.

(14)

Legal description and plan of proposed layout made and certified by a Florida licensed land surveyor along with a lot parcel analysis, including the smallest lot size, largest lot size, number of lots, acreage in each parcel, and number of parcels.

(15)

Where lots are located on a curve or when side lot lines are at angles less than 87 degrees or more than 93 degrees, the width of the lot at the front building setback line shall be shown.

(16)

The name or numbering and right-of-way width of each street or other right-of-way shown on plat.

(17)

The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive numbers, or in blocks progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not part of this plat."

(18)

A location map at the scale of one inch equals 300 feet showing existing and proposed rights-of-way.

(19)

Plat restrictions as to the following items: to restrict the type and use of water supply; type and use of sanitary facilities; type use and benefits of water areas other open spaces and odd-shaped substandard parcels; as needed due to the resubdivision of parcels as "platted," and other restrictions of similar nature.

(20)

Written confirmation from all utilities franchised to operate in the village relative to the adequacy of proposed easements shown on the plat and their ability to coexist with other utilities, which may be placed within the easement.

(21)

Schematic subdivision improvement plans for the improvements necessary to bring water, sewer and public access to the project, including all off-site improvements required by the platting process, shall be submitted in conformance with this Code.

(22)

Legal documents ensuring perpetual maintenance of any private roads, parking areas, landscaped areas, drainage systems, wetland mitigation areas and other common areas.

(23)

An original title certificate or an attorney's opinion of title, and a tax letter or receipt from Miami-Dade County documenting taxes paid in full.

(24)

Miami-Dade County DERM environmental review and resulting comments.

(25)

All areas reserved or dedicated for public purposes. No strip or parcel of land shall be reserved by the owner, unless the same is sufficient in size and area to be of some practical use or service.

(26)

The dimensions of all lots and angles or bearings.

(27)

Location, dimension and purpose of any easements.

(28)

Certification by a registered surveyor to the effect that the plat represents a survey made by him, and that all monuments shown thereon actually exist, and that their location is correctly shown.

(29)

An acknowledgment by the owner of his adoption of the plat, and of the dedication of streets and other public areas and the consent of any mortgage holders to such adoption and dedication. If existing right-of-way is to be closed, purpose of closing must be stated on the plat.

(c)

Additional required information. In addition to the plat and application form, the applicant shall submit the following information:

(1)

A complete and current ownership and encumbrances report.

(2)

The applicable base flood elevation information.

(3)

A list of all easements and rights-of-way to be vacated.

(4)

Copies of all land development and environmental licenses and permits applied for including water management, and dredge and fill permits.

(Ord. No. 07-21, § 1, 7-2-2007)

(a)

Endorsement of final plat. Upon approval of the final plat by the village council, the final plat shall be executed by the mayor or his designee and attested to by the village clerk. The public works director shall forward the signed original of the final plat to the applicant for county approval.

(1)

Effect of dedication. A plat containing dedications of any interest in property, when properly recorded, shall constitute a sufficient, irrevocable conveyance to vest all legal and equitable interests in the parcels of land so dedicated, to be held by the village in trust and the approval of the plat by the village council shall have the force and effect of an acceptance of said legal and equitable interest. Dedications to the village and the public for public purposes shall vest legal and equitable title in the village. However, nothing herein shall be construed to create any obligation on the part of the village to perform any act of construction or maintenance within a dedicated area unless or until that obligation is voluntarily planned, budgeted and implemented by the village and only for such period of time that the village elects to continue said maintenance.

(b)

Requirements for final village signature. Prior to final village signature upon a plat for recordation, the petitioner shall obtain executed approved agreements if required by the village concerning the payment of the petitioner's share of required public facilities and any other requirements of the final plat approval. The petitioner shall also provide one or more copies of the final plat, to the village in a format deemed acceptable by the public works director.

(c)

Time limitations of final plat approval. The burden is on the property owner to either record the plat within 12 months of village council approval or request from the village council, prior to expiration, one extension. The burden is also on the property owner to record the plat within the time specified by the village and Miami-Dade County. Failure to record within the time specified shall render the approval of said plat null and void.

(d)

Enforcement provisions.

(1)

Recording of plat. No plat shall be recorded in the public records of Miami-Dade County, Florida or have any validity whatsoever until it shall have been approved in a manner prescribed herein and the final plat shall incorporate all changes or modifications required by the village council. In the event any such unapproved subdivision is recorded it shall be considered invalid and the village may institute proceedings to have it stricken from the public records at the property owner's cost.

(2)

Permits. The village building official shall not issue any building permit for any structure to be constructed within the village unless and until said official receives a reproducible Mylar of the duly recorded plat.

(3)

Revision of plat after approval.

a.

After approval by the village council but prior to recording any plat in the public records, the petitioner shall provide to the public works director a copy of the subject plat reflecting all corrections and/or modifications, which may have been made subsequent to the plat approval by the village council.

b.

The public works director shall then review the plat to determine if any revisions or modifications have been made that are contrary to or inconsistent with the approval of the village council.

c.

After review, the public works director will provide the petitioner with a letter, which will either authorize recordation of the revised plat or require that the revised plat be returned to the village council.

(4)

Failure to satisfy conditions of approval. The failure to satisfy conditions of approval, whether conditions precedent or subsequent to recordation, shall be reported to the village manager. If upon written notice by the village manager the applicant fails to correct the failures the village council shall be notified. The village council upon notice to the property owner shall hold a public hearing. If the village council finds that the conditions have not been satisfied, the village council shall take immediate corrective action to ensure compliance.

(e)

Modifications to recorded plats. The modifications listed in this section may be accomplished upon a finding by the public works director that the regulations of this division have otherwise been met and through the payment of any fees for the cost of processing. The following types of development shall be deemed exempt and not subject to the provisions of the mandatory platting requirements of this Code:

(1)

The dedication of land or any interest in land to any governmental agency, entity or political subdivision.

(2)

The division of a duplex-zoned platted lot to permit individual ownership in conformance with all applicable zoning and building code provisions.

(3)

The combination of lots and/or portions of lots to create a common building site provided that the property owner presents a unity of title recordable in the public records and in a form acceptable to the village attorney identifying the boundaries of the building site and the intent to develop and convey as one site or parcel in perpetuity or so long as the proposed use and structures exists. Such instrument cannot be amended or modified without village approval. No combination shall be approved where approval would allow violation of any other provision of this Code.

(4)

The division of a nonresidential-zoned platted parcel into not more than two parcels, when the village determines that a new public right-of-way or parcel access is not required. In this instance, the public works department may require that any or all of the following items be provided and approved for all parcels:

a.

Current survey.

b.

Sketch plat.

c.

Master parking plan.

d.

Secondary access plan.

e.

Alley, access, drainage, utility, planting, or other easements.

f.

Paving and drainage plan.

g.

Sewer and water plans.

(f)

Recorded plat. No change to a recorded plat shall be created and no development is undertaken except in conformance with the recorded plat or as specifically allowed in this section.

(Ord. No. 07-21, § 1, 7-2-2007)