No development order or development permit shall be issued except in compliance with the requirements and procedures set forth in this article.

(Ord. No. 2005-005, § 4(100-010), 4-14-2005)

(A)

Application procedures. All applications hereunder shall be in the form of a town application submitted by any qualified applicant, except that town-initiated applications need not comply with application submission requirements established herein for third-party applications, other than those requirements otherwise established by law. Application submittal requirements shall be provided on or with all town development review application forms. Each application shall be accompanied by a fee as determined by the town for each type of application pursuant to the official fee schedule. Specific submittal requirements may be set forth herein for certain types of development review applications.

(B)

Third-party applicants. Qualified third-party applicants shall be limited to the following:

(1)

For vacation or abandonment of rights-of-way, the owner or authorized agent of the owner of the property contiguous to the right-of-way.

(2)

For administrative appeals, any person who has been aggrieved by an order, requirement, determination or decision on the basis of an alleged error made by the official or employee.

(3)

For all other applications, the owner, or authorized agent of the owner, having unified control or a recognizable interest in the property, provided all owners and all holders of equitable interest, including purchasers, have authorized the application as required by law. For example, for a property owned by a trust, the trust agreement may allow two (2) of three (3) trustees to authorize such an application.

(C)

Traffic study. Applications for plan amendment, site plan, special exception use, variance, or rezoning that could result in an increase in the density or intensity of permitted uses, specifically excluding any variance for one (1) single-family residence, shall submit to the town a traffic study assessing the proposed development's vehicular, pedestrian and bicycle access; on-site circulation; parking; any proposed roadway or easement vacations or road closures, whether permanent or temporary for construction purposes; and off-site roadway impacts, including net traffic impact and traffic impact within adjacent neighborhoods. The traffic study shall utilize the most current edition of the Institute of Transportation Engineers' Trip Generation manual and shall use generally accepted methodologies. The town administrator may waive any or all of the traffic study requirements upon consideration of a report issued by the town's zoning department determining that the study or any portion thereof is not necessary based upon the location, intensity of use, and other facts specific to an application.

(Ord. No. 2005-005, § 4(100-020), 4-14-2005; Ord. No. 2020-003, § 3, 2-13-2020)

(A)

Newspaper and mail notices. Where these regulations require a public hearing prior to consideration of an application by an advisory council, committee or the town council, public notice shall be given in the forms and procedures required by this article, and shall contain the following minimum information:

(1)

Explanation of the request;

(2)

Time, place and date of public hearings;

(3)

Phone number for information;

(4)

General location, and address of the lands involved, if applicable;

(5)

That the application and backup material are available for inspection at town hall, specifying the department and times the materials are available for review;

(6)

That persons may appear and be heard, subject to proper rules of conduct;

(7)

That written comments filed with the town will be entered into the record;

(8)

That the hearing may be continued from time to time as necessary;

(9)

That any person who decides to appeal a decision made at the public hearing is advised they will need a record of the proceedings and that, accordingly, they may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based;

(10)

That persons with disabilities requiring accommodations in order to participate should contact the town clerk (provide phone number) at least twenty-four (24) hours in advance of the public hearing to request such accommodation; and

(11)

Any other information required by law, noting that advertisements for comprehensive plan amendments and certain rezonings are specifically regulated by F.S. § 166.041.

(B)

Supplemental requirements for quasi-judicial hearing notices. Each newspaper and mail notice shall inform all affected persons that they will be allowed to present evidence at the hearing and bring forth witnesses, provided they notify and file the required forms provided by the town clerk's office.

(C)

Sign notices. The petitioner shall be responsible for posting a sign along each property line of the subject property with street frontage for the following applications: land use plan amendments, zoning map amendments, variances, special exception uses, and site plans. The notice shall be posted so as to be visible from each public right-of-way abutting the subject property, and shall be at least six (6) square feet in area. The sign shall state the nature of the request and the phone number to call for further information. The town administrator shall provide the applicant with the specific language required to appear on the sign for each application. The petitioner shall provide proof of the sign posting no later than one (1) business day following the posting date required by section 100-040, "Timing of public notice." Proof shall consist of one (1) or more photographs of the sign placed upon the site, as necessary to demonstrate the location of the real property upon which the sign is posted, and the exact location of the sign upon the property. A notarized affidavit, signed by the petitioner or sign company responsible for posting the sign, shall accompany the photographs. Other proof may be provided if acceptable to the town administrator. If the applicant fails to submit the affidavit, processing of the application shall cease until such affidavit is received. The sign shall be removed by the applicant within five (5) working days after the application receives final disposition. The sign shall be exempt from all sign and permit regulations.

(Ord. No. 2005-005, § 4(100-030), 4-14-2005; Ord. No. 2020-003, § 4, 2-13-2020)

(A)

All advertising timeframes established in this section shall be the minimum advertising timeframes established by state law, as may be amended from time to time, but in no case fewer than seven (7) days prior to a public hearing.

(Ord. No. 2005-005, § 4(100-040), 4-14-2005)

(A)

Newspaper advertisements for public hearings shall be provided pursuant to applicable law and as specified within this article for specific application types. At a minimum, however, the town clerk will cause to be published at least one (1) advertisement in one (1) or more newspapers of general paid circulation in the county, and of general interest and readership in the community, not one of limited subject matter.

(Ord. No. 2005-005, § 4(100-050), 4-14-2005)

(A)

Notification required. For certain types of applications, the owners of all lands located with the town under consideration for approval of an application, and the owners of all lands within the town lying within the prescribed distances in subsection (B) of the section of the exterior boundaries of the application subject site, shall be notified by the town of the application and of the first meeting at which the application will be considered. Mail notification of subsequent public hearings is not required. Such notices shall be sent U.S. Mail, postage-paid, to the persons shown upon the current tax rolls of the county to be the respective owners, unless there is actual knowledge of a subsequent property owner. The mailing of such notices shall constitute service.

(B)

Prescribed distances for notification. Properties located within the distances prescribed in subsections (B)(1) through (B)(5) of the section shall be notified by mail of any of the following pending application types:

(1)

Variances: One thousand five hundred (1,500) feet, except that variance requests from minimum distance separations required by the ULDC shall be noticed using the same distance as the request for variance.

(2)

Rezonings: One thousand five hundred (1,500) feet.

(3)

Future land use plan map amendments: One thousand five hundred (1,500) feet.

(4)

Site plans: One thousand five hundred (1,500) feet.

(5)

Appeal of administrative decisions: One thousand five hundred (1,500) feet.

(6)

Plats and waiver of plats: One thousand five hundred (1,500) feet.

(7)

Special exception uses: One thousand five hundred (1,500) feet.

(Ord. No. 2005-005, § 4(100-060), 4-14-2005; Ord. No. 2013-011, § 2, 5-9-2013; Ord. No. 2020-003, § 5, 2-13-2020)

(A)

Inaction by an applicant exceeding one-hundred eighty (180) days during the application review process shall be deemed a withdrawal of the application, unless the applicant files a request for extension. The town may approve a request for extension not to exceed ninety (90) days, only upon a determination the applicant has been making a diligent effort to proceed with the application review and approval process but has been hampered by extenuating circumstances.

(B)

Inaction by an applicant is deemed to include:

(1)

Failure to supply additional information the town deems necessary for continued review;

(2)

Failure to submit revisions in response to town development review comments;

(3)

Failure to proceed with a public hearing within three (3) months following a deferral to a date and time uncertain, whether or not the deferral was initiated by the town council or at the request of the applicant; and

(4)

Requests for more than two (2) deferrals that are granted by the town council.

(C)

Applications that are deemed withdrawn shall be subject to any reapplication fee determined by the town for such applications, and shall include resubmittal of an application and all other required application documents. An applicant's written request to proceed to the town council for a public hearing on the basis that the applicant believes the submittal complies with the ULDC, despite a town administrative determination to the contrary, shall not be considered inaction.

(Ord. No. 2005-005, § 4(100-070), 4-14-2005)

Whenever the town council has taken action to deny a request for a development order or a change to the condition of a development order, the town shall not accept the same or substantially the same request for a change to the condition of the development order for a period of twelve (12) months from the date of the denial by the town council. This time limit may be waived by the town council by an affirmative vote of a super majority of councilmembers, when the council deems such action necessary due to changed circumstances, to prevent an injustice or to facilitate the proper development of the town based upon evidence provided by the applicant.

(Ord. No. 2005-005, § 4(100-080), 4-14-2005)

These procedures shall apply to all quasi-judicial hearings held by the town council or by any board or committee which holds quasi-judicial hearings. The town attorney shall determine which matters are quasi-judicial in nature and shall direct the town clerk or its designee to designate specially such matters on the agenda. However, if a quasi-judicial hearing is held, it shall not be construed as an admission that the application was quasi-judicial, rather than legislative.

(Ord. No. 2005-005, § 4(105-010), 4-14-2005)

(A)

Applicant means the owner of record, the owner's agent, representative, or any person with a legal or equitable interest in the property which is the subject of the proceeding. Proof of applicant status must be furnished to the town prior to the proceeding.

(B)

Board means the town council or any other board or committee established by the town that hears quasi-judicial matters.

(C)

Board member means any individual serving on the board.

(D)

Ex parte communication means any oral, written, electronic or graphic communication with a board member which may directly or indirectly relate to or which could influence the disposition of the matter, other than those made on the record during a quasi-judicial hearing.

(E)

Expert means a person who is qualified in a subject matter by knowledge, skill, experience, training, and/or education.

(F)

Independent expert means a person who is qualified in a subject matter by knowledge, skill, experience, training, and/or education who is not affiliated with the applicant or any other party, and who wishes to provide testimony in the matter and have such knowledge, skill, experience and/or education considered by the board in weighing such testimony.

(G)

Material fact means a fact that bears a logical relationship to one or more issues raised by the application or the laws and regulations pertaining to the matter requested by the application.

(H)

Participants mean members of the general public who offer unsworn or sworn testimony at a quasi-judicial hearing for the purpose of being heard on the matter.

(I)

Party means the applicant or any recognized party intervenor.

(J)

Party intervenor means an individual or group who, under the recognized legal principals of standing can demonstrate that they will suffer an adverse effect to a protected interest, such as health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, or environmental or natural resources. The alleged adverse interests may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons. The town attorney shall determine if a person qualifies as a party intervenor.

(K)

Quasi-judicial or quasi-judicial matter means a proceeding that results in a decision having an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on facts arrived at from distinct alternatives presented at a hearing, and where the decision can be viewed as the result of an application of policy rather than setting of policy.

(L)

Relevant evidence means evidence tending to prove or disprove a fact that is material to the board's determination.

(M)

Staff means any person having a contractual relationship with the town, except the town attorney.

(N)

Town means the Town of Southwest Ranches

(O)

Witness means a person who testifies under oath.

(Ord. No. 2005-005, § 4(105-020), 4-14-2005)

(A)

Access permitted. Unless otherwise prohibited by state statute or a town ordinance, in accordance with F.S. § 286.0115(1), ex parte communication with any board member about quasi-judicial matters is permissible provided that the following procedures are observed. Adherence to the following procedures shall remove the presumption of prejudice arising from the ex parte communication:

(1)

Oral communication. The substance of any ex parte communication with the board member which relates to quasi-judicial action pending before the board member is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed in public and made a part of the record before final action on the matter.

(2)

Written communication. A board member may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before the board member shall not be presumed prejudicial to the action if the subject of the written communication is disclosed in public and made part of the record before final action on the matter.

(3)

Investigations and site visits. A board member may conduct investigations and site visits and may receive expert opinions regarding pending quasi-judicial matters. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made part of the record before final action on the matter.

(B)

Disclosure. Disclosures pursuant to the foregoing must be made before or during a public meeting at which a vote is taken on such matter, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication.

(C)

Noncompliance not a violation. Failure of any official to comply with this section does not constitute a violation of F.S. ch. 112.

(Ord. No. 2005-005, § 4(105-030), 4-14-2005)

(A)

Prior to being placed on the town's agenda, the applicant, in support of their application, shall submit to the town a detailed outline of how they satisfy this ULDC's criteria and requirements, copies of all exhibits that which will be presented at the hearing, and the names and addresses of all witnesses who will be called to testify in support of the application. Resumes shall also be furnished for all witnesses the applicant intends to qualify as an expert. No written materials will be accepted by the board at the hearing on the matter unless, in the board's discretion, acceptance is necessary to decide the issue.

(B)

At least seven days before a quasi-judicial hearing, staff shall prepare a report, recommendation and, if necessary, will include additional supporting materials upon which the staff's recommendation is based. A copy of the staff's materials shall be readily available for examination at the town clerk's office. A copy of the staff's resumes and expert qualifications shall remain on file with the town.

(C)

The requirements in subsections (A) and (B) of this section are necessary to ensure the board is given sufficient opportunity to review the written submissions prior to the hearing, and shall be strictly observed. Failure to comply with these requirements shall result in an item being continued until the next available agenda.

(Ord. No. 2005-005, § 4(105-040), 4-14-2005)

(A)

The town attorney may allow a person to intervene as a party intervenor if they meet the following requirements:

(1)

The individual or group, under the recognized legal principals of standing can demonstrate that they will suffer an adverse effect to a protected interest, such as health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, or environmental or natural resources. The alleged adverse interests may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

(2)

At least three (3) days prior to the hearing, the individual or group shall submit a written request to the town to intervene and to be given party intervenor status. Said request shall include a detailed outline of their interest in the application and argument in favor or against the application, copies of all exhibits which will be presented at the hearing and the names of all witnesses who will be called to testify on their behalf. Resumes shall also be furnished for all witnesses who are intended to be qualified as an expert.

(3)

The party intervenor shall provide copies of all submitted materials to all parties known at the time of submission. A certificate of service stating that each party has been provided the documentation must accompany its submission.

(4)

Any applications received or requests made for party intervenor status that are not submitted at least three (3) business days prior to the hearing on the matter, may be recognized by the town attorney upon a showing of good cause. If a late appearance is permitted, the applicant shall have the right to a continuance, without additional cost. Persons who do not demonstrate good cause are not entitled to seek delay in the proceedings.

(Ord. No. 2005-005, § 4(105-050), 4-14-2005)

(A)

Application as independent expert witness. No later than three (3) business days prior to a hearing on the matter, an individual seeking status as an independent expert witness in the matter, shall submit a request for recognition as expert to the town clerk. Such application shall set forth the area in which the individual seeks to provide expert testimony and information regarding the individual's knowledge, skill, experience, training, and/or education sufficient to determine his qualifications. A resume and/or curriculum vitae may be attached. Eligibility shall be based on adequacy of knowledge, skill, experience, training and/or education in the subject matter for which expert status is sought. Nothing in this provision shall prohibit an individual, as a member of the general public who is not sworn and/or certified as an independent expert, from providing testimony based on a specific knowledge and/or expertise. The testimony of such person shall be weighed in accordance with the provisions of this article for other members of the general public. Recognition as a party intervenor or independent expert by one governing body does not automatically provide such status before the board.

(B)

Any application received or request made to be given independent expert witness status that is not submitted at least three (3) business days prior to the hearing on the matter, may be recognized by the town attorney upon a showing of good cause. If a late appearance is permitted, the applicant shall have the right to a continuance, without additional cost. Persons who do not demonstrate good cause are not entitled to seek delay in the proceedings.

(Ord. No. 2005-005, § 4(105-060), 4-14-2005)

(A)

The town attorney, or his designee, shall conduct the proceedings and maintain order.

(B)

The town attorney, or his designee, shall call the proceeding to order and shall announce whether or not the hearing has been properly advertised in accordance with state law.

(C)

The town attorney, or his designee, shall explain the rules concerning procedure, testimony, and evidence.

(D)

The town attorney, or his designee, shall swear in all individuals and witnesses desiring to provide sworn testimony on the matter. The board shall not assign such unsworn or unqualified testimony the same weight or credibility in its deliberations.

(E)

The town attorney, or his designee, shall request that the applicant, and, if applicable, any individual, or group that has applied for party intervenor or expert status place their name on the record. The town attorney shall then state for the record whether such status should be recognized by the board for the purpose of the current proceeding.

(F)

The town attorney, or his designee, shall poll each member of the board regarding any ex parte communications. Any member who responds affirmatively shall specify those matters set forth in section 105-030.

(G)

The order of proof shall be:

(1)

A representative of the town staff shall briefly describe the applicant's request, introduce and review all relevant exhibits and evidence, report the staff's recommendation, and present any testimony in support of the staff's recommendation. Staff members shall have a maximum of thirty (30) minutes to make their full presentation, including an opening statement and direct presentation by witnesses, but excluding any cross examination or questions from the board. The presentation of the case in chief for the staff will then be considered closed, except for rebuttal as provided herein.

(2)

Any party intervenor shall present evidence and testimony in support of or opposed to the application. A party intervenor shall have a maximum of thirty (30) minutes to make a full presentation, including an opening statement and all direct presentation by witnesses, but excluding any cross examination or questions from the board. The presentation of the case in chief for the party intervenor will then be considered closed, except for rebuttal as provided herein.

(3)

Any independent expert in opposition to the application shall present evidence and testimony. An independent expert shall have a maximum of five (5) minutes to testify excluding any cross examination or questions from the board.

(4)

The applicant has the burden of proof and shall present evidence and testimony in support of the application. Applicant shall have a maximum of thirty (30) minutes to make a full presentation, including an opening statement and all direct presentation by witnesses, but excluding any cross examination or questions from the board. The presentation of the case in chief for the applicant will then be considered closed, except for rebuttal as provided herein.

(5)

Any independent experts in support of the application shall present evidence and testimony. An independent expert shall have a maximum of five (5) minutes to testify excluding any cross examination or questions from the board.

(6)

Any other persons present who wish to submit relevant information to the board shall speak next for a maximum of three minutes. Presidents or representatives of the town-recognized home owners or civic associations may speak for an additional two (2) minutes if they are speaking on behalf of the association. Speakers shall not transfer their time to any other speaker. Members of the public will be permitted to present their nonexpert opinions, but the board will be expressly advised that public sentiment is not relevant to the decision, which must be based only upon competent substantial evidence. Participants who are members of the general public need not be sworn and will not be subject to cross examination if they are not sworn. However, the board shall not assign unsworn testimony the same weight or credibility as sworn testimony in its deliberations. Any and all cross examination or questions from the board shall not be considered part of that person's time.

(7)

The applicant will be permitted to make a final argument, if any for a maximum of five (5) minutes. The applicant's final argument shall refer only to facts admitted into evidence. The board shall disregard arguments that refer to facts not in evidence.

(8)

The party intervenor will be permitted to make final comments, if any, for a maximum of five minutes. The party intervenor's final argument shall refer only to facts admitted into evidence. The board shall disregard arguments that refer to facts not in evidence.

(9)

The town staff will be permitted to make final comments, if any, for a maximum of five (5) minutes. The town staff's final argument shall refer only to facts admitted into evidence. The board shall disregard arguments that refer to facts not in evidence.

(10)

At the discretion of the town attorney, the applicant may be permitted to respond to the final comments of the party intervenor and the town staff for a maximum of three (3) minutes.

(H)

The town attorney will advise the board as to the applicable law and the factual findings that must be made to approve, approve with conditions, or deny the application.

(I)

The hearing will then be turned over to the board for open deliberation of the application. The presiding officer shall have the discretion to reopen the proceeding for additional testimony or argument by the parties. All decisions by the board shall be based on the evidence presented to the board, including, but not limited to, the materials in the agenda back-up, testimony of all witnesses, any documentary and demonstrative evidence and visual aids presented. Each board member shall weigh all the competent material and relevant evidence presented, giving each piece of evidence the weight the board member sees fit. After deliberations, a vote shall be taken to approve, approve with conditions, or deny the application. When approving an application, the board must ensure that there is competent substantial evidence in the record to support its decision and that the applicant has satisfied the applicable criteria in the town's Code.

(Ord. No. 2005-005, § 4(105-070), 4-14-2005)

Not withstanding anything contrary contained herein, the board may place further limitations on or modifications to the time allotments; provided that the town attorney agrees that said limitations or modifications does not affect the party's or the public's right to due process.

(Ord. No. 2005-005, § 4(105-080), 4-14-2005)

The board and the town attorney may ask questions of persons presenting testimony and evidence at any time during the proceedings.

(Ord. No. 2005-005, § 4(105-090), 4-14-2005)

(A)

After each witness testifies, the town staff, a party intervenor, and the applicant, shall be permitted to question the witness. Such cross examination shall be limited to matters about which the witness testified and shall be limited to five (5) minutes per side. Members of the public will not be permitted to cross examine witnesses. Cross examination shall be permitted only as would be permitted in a state court of law.

(B)

The town attorney may direct the party conducting the cross examination to stop a particular line of questioning that:

(1)

Merely harasses, intimidates or embarrasses the individual being cross examined; or

(2)

Is not relevant and is beyond the scope of the facts alleged by the individual being cross examined.

(C)

If the party conducting the cross examination continuously violates directions from the town attorney to end a line of questioning deemed irrelevant and/or merely designed to harass, intimidate and embarrass the individual, the town attorney may terminate cross examination.

(Ord. No. 2005-005, § 4(105-100), 4-14-2005)

(A)

The formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings.

(B)

All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, regardless of whether such evidence would be admissible in court.

(C)

Evidence or testimony which is not relevant, material or competent, or testimony which is unduly repetitious or defamatory should be excluded. The town attorney shall determine the relevancy of evidence.

(D)

Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, the staff, or any party shall be given an opportunity to compare the copy with the original.

(E)

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a state court.

(Ord. No. 2005-005, § 4(105-110), 4-14-2005)

The board shall take judicial notice of all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the state.

(Ord. No. 2005-005, § 4(105-120), 4-14-2005)

Statements of counsel or any nonattorney representative shall only be considered as argument and not testimony unless counsel or the representative is sworn in and the testimony is based on actual personal knowledge of the matters which are the subject of the statements.

(Ord. No. 2005-005, § 4(105-130), 4-14-2005)

(A)

The board shall consider requests for continuances made by staff, the applicant, or a party intervenor and may grant continuances in its sole discretion. Generally, as a courtesy, one continuance shall be granted if requested by the staff or the applicant. If, in the opinion of the board, any testimony or documentary evidence or information presented at the hearing justifies allowing additional time to research or review in order to properly determine the issue presented, then the board may continue the matter to a time certain to allow for such research or review. A request for a continuance for the purpose of additional research and review may be granted upon a showing of good cause.

(B)

No additional notice shall be required if a hearing is continued to a fixed date, time and place.

(Ord. No. 2005-005, § 4(105-140), 4-14-2005)

Supplementing the record after the hearing is prohibited, unless pursuant to the following conditions:

(A)

After continuation of a hearing, but prior to the final action being taken.

(B)

If a question is raised by the board at the hearing to which an answer is not available at the hearing, the party to whom the question is directed may submit the requested information in writing to the board after the hearing, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the board. The board will specifically identify the question to which a response is required. No additional information will be accepted.

(C)

All supplemental information shall be filed with the town clerk no later than three (3) days prior to the continued or next scheduled hearing and shall be subject to the provisions of section 105-030.

(Ord. No. 2005-005, § 4(105-150), 4-14-2005)

(A)

The town clerk shall preserve the official transcript of the hearing through a digital or tape recording and/or video recording.

(B)

Any person may arrange, at his sole expense, for a court reporter to transcribe the hearing.

(C)

If any person, at his sole expense, decides to order a transcription of the hearing in its verbatim, written form, that transcription shall become the official transcript.

(Ord. No. 2005-005, § 4(105-160), 4-14-2005)

An appeal from a decision of the board shall be as provided by law.

(Ord. No. 2005-005, § 4(105-170), 4-14-2005)

The town clerk shall maintain all of the evidence and documents presented at the hearing. Said evidence and documents may be maintained in electronic form.

(Ord. No. 2005-005, § 4(105-180), 4-14-2005)

Any willful false swearing on the part of any witness or person giving evidence before the board as to any material fact in the proceeding shall be deemed to be perjury and shall be punishable in the manner prescribed by law for such offense.

(Ord. No. 2005-005, § 4(105-190), 4-14-2005)

If a party or his representative fails to appear at the time fixed for the hearing, and such absence is not excused by the board, the board may proceed to hear the evidence and render a decision thereon in absentia.

(Ord. No. 2005-005, § 4(105-200), 4-14-2005)

The town, the applicant, or a party intervenor shall be entitled to compel the attendance of witnesses through the use of subpoenas. All such subpoenas shall be issued by the town clerk upon written request.

(Ord. No. 2005-005, § 4(105-210), 4-14-2005)

(A)

All applications for a development permit for development of vacant land, or an increase in density or nonresidential building area on improved land, or a change in use, shall be subject to an adequacy determination for the amount of additional demand created by the proposed development or increase in intensity of use, unless there was a previously approved site plan, plat or building permit for which the proposed level of development was previously evaluated, and a valid (nonexpired) finding of adequacy made, or the application qualifies for one (1) of the following exceptions:

(1)

Development orders or rights determined to be vested pursuant to a judicial determination or pursuant to article 150, "Vested Rights Determinations."

(2)

A valid and approved development order which was final as of November 14, 1989, under the provisions of F.S. ch. 380.

(3)

The proposed development is a government facility the town council finds is essential to the health or safety of persons residing in or using previously approved or existing development.

(B)

For purposes of adequacy determinations involving previously improved land, for the purpose of vesting the impact of existing development, the term shall be construed to include vacant structures, and previous development demolished no earlier than eighteen (18) months previous to the date of application submittal for a plat, site plan, or building permit, as applicable.

(Ord. No. 2005-005, § 4(110-010), 4-14-2005)

Adequacy determination for town roads and parks, drainage, solid waste, water and wastewater shall be made at the earliest of plat approval or plat note amendment, site plan approval or building permit. However, solid waste, water and wastewater capacity shall not be reserved until time of the building permit application, and finding of adequacy at time of plat, plat note amendment or site plan shall not be construed as a reservation of capacity.

(Ord. No. 2005-005, § 4(110-020), 4-14-2005)

Findings of adequacy made by the town shall expire three (3) years after the date a development order or development permit (in the case of a plat or site plan approval) making such a finding is issued. The town shall have no responsibility to notify an applicant of pending adequacy determination expiration. The county land development code provides for expirations of adequacy determinations made by the county for the regional road network.

(Ord. No. 2005-005, § 4(110-030), 4-14-2005)

(A)

The town administrator shall not issue a finding of adequacy for any development unless determining that planned and committed improvements have sufficient capacity to provide the adopted level of service for all existing, permitted projects and the proposed development. Except as further defined in the following subsections, the available capacity of a facility shall be determined by:

(1)

Adding together:

a.

The total capacity of existing facilities; and

b.

The total capacity of new facilities that will become available concurrent with the impact of development. The capacity of new facilities may be counted only if one (1) or more of the following is shown:

1.

The necessary facilities are in place at the time a development order is issued, or a plat or site plan are approved subject to the condition that the necessary facilities will be in place when the impacts of development occur.

2.

Construction of the new facilities is under way at the time of the application.

3.

The new facilities are the subject of a binding, executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract, or the provision of services at the time the development permit is issued.

4.

The new facilities have been included in either the town, the county or applicable agency capital improvement program annual budgets.

5.

The new facilities are guaranteed at a specific time in an enforceable development agreement. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. §§ 163.3220 through 163.3243, or an agreement or development order issued pursuant to F.S. ch. 380. Such facilities must be consistent with the capital improvements element of the town's comprehensive plan and approved by the town and/or county engineer, as applicable.

6.

The developer has contributed funds to the town and/or county, as necessary to provide new facilities consistent with the capital improvements element of the town and/or county comprehensive plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the town and/or county or other government entity.

(2)

Subtracting from that number the sum of:

a.

The design demand for the service created by existing development; and

b.

The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments.

(3)

Consistent with the town comprehensive plan, recreation and open space facilities necessary to serve a development must be in place within one (1) year from the date of issuance of a certificate of occupancy; provided that the acreage is dedicated or has been acquired, or funds are committed for the same, prior to issuance of the certificate of occupancy.

(Ord. No. 2005-005, § 4(110-040), 4-14-2005)

(A)

For the purpose of implementing this article, a proposed development shall be presumed to have the maximum impact permitted under applicable land development regulations in the absence of a complete site development plan application, deed or plat restrictions.

(B)

If an application for a building permit provides for more intensive use than that indicated when the finding of adequacy was made, the application shall be reevaluated for concurrency.

(Ord. No. 2005-005, § 4(110-050), 4-14-2005)

(A)

Levels of service (LOS).

(1)

For the purpose of issuing development permits, LOS "D" is the minimum acceptable LOS for local road segments.

(2)

The county makes all adequacy determinations for the regional roadway network.

(B)

Measurement of capacities. The procedure for the initial measuring of highway capacities is the state department of transportation Table of Generalized Daily Level-of-Service Maximum Volumes made available to local government for use from January 1996, as may be amended from time to time. The measurement of capacity may also be determined by substantiation in the form of engineering studies or other data. Traffic analysis techniques must be technically sound and justifiable as determined by the town engineer.

(C)

Dedication of right-of-way. The trafficways on the county trafficways plan abutting the development site and any public or private right-of-way for local streets abutting the site necessary to comply with the town's minimum right-of-way requirement, shall be conveyed to the public by dedication on the face of a plat, by deed or grant of easement, at the discretion of the county or the town, as applicable.

(D)

Access to trafficways. Access to a trafficway, including parcel access and new street connections, shall be approved by the county engineering division.

(E)

Access to nontrafficway collector roads. A nonvehicular access line shall be placed along the right-of-way with one (1) or more access openings as approved by the town engineer.

(F)

Satisfaction of county concurrency standards. The burden shall be on the applicant to demonstrate compliance with the standards detailed in this section. If applicable, the development application shall be reviewed to ensure that the proposed development satisfies the county concurrency standards for the regional road network as outlined in section 5-182(a) of the county land development code, as amended from time to time. The applicant shall provide the necessary documentation from the county demonstrating satisfaction of these requirements. The applicant may choose to satisfy the transportation concurrency requirements by making a proportionate share contribution to an eligible transportation project located within the Southwest [Standard] Transportation Concurrency District, pursuant to the requirements set forth in section 5-182(a)(5)b)(4) of the county land development code, as amended from time to time, and F.S. § 163.3280. The options available for and methodology for determining the amount of proportionate share mitigation, and the procedures for the town to implement such proportionate share mitigation on the town's roadway network, shall be as specified in section 5-182(a)(5)b)(4) of the county land development code, as amended from time to time.

(Ord. No. 2005-005, § 4(110-060), 4-14-2005; Ord. No. 2007-04, § 2, 2-1-2007)

(A)

The town tertiary drainage plan, as same may be amended from time to time, is hereby adopted and incorporated by reference, as if made a part hereof.

(B)

The proposed development shall be designed to provide adequate areas and easements for the construction and maintenance of a water management system to serve the proposed development and adjacent rights-of-way and implement the tertiary drainage plan, in a manner which conforms to said plan and to the regulations of the applicable water management review and permitting authority over the area.

(C)

In addition to subsection (B) of this section, the applicant shall demonstrate, prior to the issuance of the development order, that the following levels of service standards, where applicable, will be met prior to the issuance of a certificate of occupancy or certificate of completion where a certificate of occupancy is not required:

(1)

Road protection. Residential streets not greater than fifty (50) feet wide, inclusive of private or public rights-of-way, shall have crown elevations equal to the elevation for the respective area depicted on the 10-year flood criteria map. Streets with rights-of-way greater than fifty (50) feet wide shall have an ultimate edge of pavement no lower than the elevation for the respective area depicted on the 10-year flood criteria map.

(2)

Buildings. The lowest floor elevation for buildings shall be no lower than the elevation for the respective area depicted on the county 100-year flood elevation map, or floodplain protection requirements specified within Ordinance No. 2004-11 contained within the town Code (see chapter 4, "Buildings and Building Regulations.")

(3)

Off-site discharge. Off-site discharge is not to exceed the inflow limit of South Florida Water Management District primary receiving canal or the local conveyance system, whichever is less.

(4)

Storm sewers. The design frequency applicable to storm sewers is the three (3) year rainfall intensity of the state department of transportation zone 10-year rainfall curves or the town's adoption of the town tertiary drainage plan requirements, as determined by the town engineer.

(5)

Floodplain routing. Calculated flood elevations based on the 10-year and 100-year return frequency rainfall of three (3) day duration shall not exceed the corresponding elevations of the 10-year flood criteria map and the 100-year flood elevation map.

(6)

Antecedent water level. The antecedent water level is the higher elevation of either the control elevation or the elevation depicted on the map "Average Wet Season Water Levels," or as required by the local drainage district.

(7)

On-site storage. Minimum capacity above antecedent water level and below flood plain routing elevations shall be design rainfall volume minus off-site discharge occurring during design rainfall.

(8)

Best management practices (BMPs). Prior to discharge to surface water or groundwater, BMP's will be used to reduce pollutant discharge.

(9)

Development designed to remove stormwater. Additionally, development shall be designed to remove stormwater from non-water-management areas within seventy-two (72) hours of the end of the ten (10) year three (3) day design rainfall.

(10)

Drainage improvements, easements. Installation of all drainage improvements and granting of all drainage easements shown on the tertiary drainage plan, or otherwise required by the town engineer to implement said plan and its intent based upon review of site-specific surveys, site inspection or other data not available during the preparation of said plan, or not shown on the plan.

(Ord. No. 2005-005, § 4(110-070), 4-14-2005; Ord. No. 2006-05, § 6, 11-3-2005)

(A)

Potable water service must be available prior to occupancy to provide for the needs of the proposed development. Potable water service includes publicly and privately owned water treatment facilities and wells on individual parcels which will provide for the needs of the proposed development. The proposed development shall be designed to provide adequate areas and easements which may be necessary to the installation and maintenance of a potable water distribution system which will meet all applicable building, health, and environmental regulations, including the applicable provisions of the state administrative code.

(B)

A finding that potable water service is available must be based upon a demonstration that an existing water treatment facility has sufficient capacity to provide for the potable water needs of the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which potable water treatment capacity has been reserved. If potable water service is not available, but will be made available, any development order shall be conditioned on such availability. A finding that potable water service will be made available must be based upon a demonstration that there is a fiscally feasible plan to construct or expand a water treatment facility which will have sufficient capacity to provide for the potable water needs of the development proposed by the application prior to issuance of certificates of occupancy for that development and for other developments in the service area, which are occupied, available for occupancy, for which building permits are in effect or for which potable water treatment capacity has been reserved.

(C)

In addition to subsections (A) and (B) of this section, proposed developments must comply with the adopted level of service standards listed in table 110-1 and:

(1)

Where a central potable water distribution is required, the system, which will be provided, shall conform to sound standards and principles of sanitary engineering.

(2)

Where a central potable water distribution system is not required, a complete individual potable water supply system will be provided which complies with all applicable state regulations regarding on-site wells.

Table 110-1. Potable Water Service Usage Standards

(Ord. No. 2005-005, § 4(110-080), 4-14-2005)

(A)

Wastewater treatment and disposal services must be available prior to occupancy to provide for the needs of the proposed development. The proposed development shall be designed to provide adequate areas and easements that may be necessary for the installation and maintenance of a wastewater disposal system that will meet all applicable health and environmental regulations.

(B)

A finding that wastewater treatment and disposal services are available must be based upon a demonstration that a private, on-site system, approved by the county health department, will be installed within each plot prior to issuance of a certificate of occupancy, or that an existing wastewater treatment and disposal facility has sufficient plant and network capacity to provide for the wastewater treatment and disposal needs of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which wastewater treatment or disposal capacity has been reserved. If existing capacity is unavailable, conditional approval may be granted if it is shown that there is a fiscally feasible plan to construct or expand a wastewater treatment and disposal facility which will have sufficient plant and network capacity to provide for the treatment and disposal needs of the development proposed by the application prior to the issuance of certificates of occupancy for that development, and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which wastewater treatment or disposal capacity has been reserved. This determination of adequacy shall be based upon the standards of the county department of planning and environmental protection, except the town council may, where it deems appropriate, rely upon the standards of the service provider.

(C)

In addition to the requirements in subsections (A) and (B) of this section, where the town is the service provider, proposed developments must comply with the adopted level of service standards listed in table 110-2, or as required by another governing utility. Where a central wastewater collection system is required, the system which will be provided shall conform to sound standards and principles of sanitary engineering.

Table 110-2. Sanitary Sewer Service Level of Service Standards.

(Ord. No. 2005-005, § 4(110-090), 4-14-2005)

(A)

Solid waste collection and disposal sites or facilities shall be available prior to occupancy to provide for the needs of the proposed development at the level of service in table 110-3.

(B)

A finding that solid waste disposal sites or facilities are available must be based upon a demonstration that existing solid waste disposal sites or facilities have sufficient capacity to provide for the solid waste disposal needs of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which solid waste disposal capacity has been reserved. If existing capacity is unavailable, conditional approval may be granted if it is shown that there is an economically and fiscally feasible plan to expand solid waste disposal sites so that sufficient capacity will be available for the solid waste disposal of the development proposed by the application and for other developments in the service area which are occupied, available for occupancy, for which building permits are in effect or for which solid waste disposal capacity has been reserved.

Table 110-3. Solid Waste Level of Service Standards

(Ord. No. 2005-005, § 4(110-100), 4-14-2005)

(A)

Approval of a development permit for a residential development shall require a finding that, at a minimum, three (3) acres of local parkland and three (3) acres of community parkland per one thousand (1,000) potential residents is available or shall be available prior to a certificate of occupancy.

(B)

In order to provide lands for parks necessary to meet the need for such parks created by additional residential development, and to provide the funds needed to develop such lands as parks, a developer must provide for such needs according to one of the following methods as determined by the town council to most adequately provide for the needs of a particular area:

(1)

Convey land of suitable size, dimension, topography and general character to serve as a park or a substantial portion thereof which will meet park needs created by the development. The total amount of land to be dedicated either on or off the development site must equal a ratio of six (6) acres of land for every one thousand (1,000) potential residents estimated to occupy the development under the following formula:

(2)

Deposit in a nonlapsing trust fund established and maintained by the town an amount of money as set forth in table 110-4 for each dwelling unit to be constructed within the developed area. The amount of money to be deposited for each dwelling unit to be constructed shall be as follows, and for each fiscal year after September 30, 2022, shall be adjusted on October 1 by the percentage change reflected for the previous twelve (12) month period in the consumer price index (CPI) prepared by the United States Bureau of Labor Statistics. The fee per unit includes the three (3) percent administrative fee.

Table 110-4. Park Impact Fee Schedule

For the purpose of this subsection, except where otherwise specified as a condition of the development order, the following presumptions shall apply:

a.

Where single-family residential development is permitted, the presumption is that four (4) bedroom dwelling units will be constructed;

b.

Where multifamily development is permitted, the presumption is that three (3) bedroom townhouses will be constructed.

(3)

When the dedication requirements set forth in this subsection would require the dedication of more than six (6) percent of the gross residential area of any development, then the town council shall grant a credit against the excess over six (6) percent for a site which is to be privately owned and maintained for the benefit of the future residents of the developed area and which will serve their park, recreation and open space needs. Such areas may include golf courses, lakes and waterways, private parks and recreational facilities and private open space areas other than the areas necessary to meet setback requirements, front, rear and side yard requirements, parking and landscaping requirements, and other similar areas specifically required by the applicable land development regulations. Ownership and maintenance of such areas to be credited must be secured by appropriate documents in a form acceptable to the council.

(4)

Monies deposited by a developer pursuant to this section shall be expended within a reasonable period of time for the purpose of acquiring and developing land necessary to meet the need for parks created by the development in order to provide a system of parks which will be available to and substantially benefit the residents of the developed area.

(5)

The town council shall establish an effective program for the acquisition and development of lands as parks in order to meet, within a reasonable period of time, the existing need for parks, and to meet, as it occurs, the need for parks which will be created by further residential developments constructed after the effective date of the ordinance from which this ULDC is derived. The annual budget and capital program of the town shall provide for appropriations of funds as may be necessary to carry out the town's program for the acquisition of land for parks. The funds necessary to acquire lands to meet the existing need for parks must be provided from a source of revenue other than from the amounts deposited in the trust fund.

(Ord. No. 2005-005, § 4(110-110), 4-14-2005; Ord. No. 2023-001, § 2, 10-13-2022)

(A)

Adequate public school facilities must be in place or under construction within three (3) years of approval of development applications subject to the public school concurrency requirement, or as otherwise provided by F.S. § 163.3180. Pursuant to the Public School Facilities Element of the town comprehensive plan (PSFE) and the Amended Interlocal Agreement (ILA), the town, in collaboration with the county school board, shall ensure public school facilities will be available for current and future students, consistent with available financial resources and adopted level of service standards, and that such facilities will be available concurrent with the impact of proposed residential development.

(B)

Applications subject to a public school concurrency determination.

(1)

The town shall not approve an application for a plat, replat, plat note amendment, or any site plan with a residential component (hereafter referred to as "application[s]") that generates one (1) or more students, or is not exempt or vested from the requirements of public school concurrency, until the school board has reported that the school concurrency requirement has been satisfied. Residential development of up to four (4) single-family residences exempted in subsection 120-010(B) from the site plan approval requirement shall constitute a site plan for the purpose of this section.

(C)

Exemptions. The following applications shall be exempt from the requirements of public school concurrency:

(1)

An application which generates less than one (1) student at each level in the relevant concurrency service area. Such development shall be subject to the payment of school impact fees.

(2)

An application for age-restricted communities with no permanent residents under the age of eighteen (18). Exemption for an age-restricted community shall only be available subject to recordation of a declaration of restrictive covenants in the public records of the county prohibiting the residence of school-aged children in a manner consistent with federal, state, or local laws or regulations.

(3)

As may otherwise be exempted by Florida Statutes, including but not limited to applications that meet specific qualifying criteria outlined in the applicable statute, and approved by the school board.

(D)

Vested development. The following residential applications shall be vested from the requirements of public school concurrency:

(1)

Any application, for property that is included within a plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed application. This includes any unexpired application approved by the town between February 2, 1979, and the effective date of the Public School Facilities Element. In the transmittal of an application to the school board, the town shall include written information indicating that the units in the application are vested.

(E)

To be exempt or vested from the requirements of public school concurrency, an applicant is required to submit written evidence sufficient to verify that the subject development meets the exemptions stated herein and, as such, is exempt from the requirements of public school concurrency.

(F)

Level of service standards.

(1)

School type A is a bounded elementary, middle or high school that has the equivalent of at least ten (10) percent of its permanent FISH capacity available onsite in relocatables. The LOS for school type A shall be one hundred (100) percent gross capacity (including relocatables).

(2)

School Type B is a bounded elementary, middle or high school that has less than the equivalent of ten (10) percent of its permanent FISH capacity available onsite in relocatables. The LOS for School Type B shall be one hundred ten (110) percent permanent FISH capacity.

(3)

The LOS shall be achieved and maintained within the period covered by the five (5) year schedule of capital improvements contained in the effective five (5) year adopted district educational facilities plan (DEFP).

(G)

Concurrency service areas (CSAs).

(1)

The areas for implementation of public school concurrency in the town shall be known as concurrency service areas, which shall be the approved school boundaries for elementary, middle and high schools, as annually adopted by the school board. For the purpose of public school concurrency, such CSAs shall be effective starting on the first day of the school year, and ending on the last day before the beginning of the next school year.

(H)

Student generation rates.

(1)

The effective adopted student generation rates pursuant to subsection 5-182(m) of the Broward County Land Development Code shall be utilized to determine the potential student impact of submitted applications.

(I)

Public school impact application (PSIA). Any applicant submitting an application that is not exempt or vested is subject to school concurrency and is required to submit a public school impact application for review by the school board. Evidence of acceptance of the PSIA and payment of the applicable PSIA fee to the school board is required prior to town acceptance of the application.

(J)

School capacity availability determination letter (SCAD); proportionate share mitigation.

(1)

The town shall not approve an application or amendment thereto unless:

(a)

The application is exempt or vested from the requirements of public school concurrency; or

(b)

A SCAD letter has been received from the school board confirming that capacity is available; or

(c)

If capacity is not available, the proportionate share mitigation has been accepted by the school board.

(2)

The school board shall determine the potential student impact from the application on the applicable CSA by performing the review procedure specified in School Board Policy 1161, as amended.

(3)

If the school board determines that sufficient capacity is available at the adopted LOS to accommodate students anticipated from the application, the school board shall issue a SCAD letter indicating that adequate school facilities exist to accommodate the student impact and the application satisfies public school concurrency requirements.

(4)

If the school board determines that sufficient permanent capacity is not available at the adopted LOS to accommodate students anticipated from the application, the SCAD letter shall state that the application has not satisfied public school concurrency requirements and the basis for such determination. The applicant shall have thirty (30) days to propose proportionate share mitigation to the school board.

(5)

If the applicant proposes proportionate share mitigation within the thirty-day period that the school board subsequently accepts, a legally binding document shall be executed among the school board, the town, and the applicant, and recorded in the public records of the county.

(6)

Upon execution of said document, the school board shall issue an amended SCAD letter stating that, based upon the accepted proportionate share mitigation, adequate capacity will exist to accommodate the student impact anticipated from the proposed development, and that the proposed development satisfies the public school concurrency requirement.

(7)

The total amount committed for any mitigation option shall not be less than the school impact fees due for the proposed units, as calculated based upon the adopted school impact fee schedule contained in the Broward County Land Development Code. The school impact fee due for the development shall be considered included in the total proportionate share mitigation amount due or paid. If the proportionate share mitigation is not accepted by the school board, the amended SCAD letter shall state the basis upon which the mitigation proposal(s) was rejected and why the development is not in compliance with public school concurrency requirements.

(8)

The SCAD letter shall be sent to the applicant, the Broward County Development Management Division, and the town, no later than forty-five (45) days after acceptance of the PSIA by the school board.

(9)

An applicant adversely impacted by a SCAD determination may appeal such determination by written request to the school board within the designated thirty-day time period. A timely request for an appeal shall stay the requirement for an applicant to propose proportionate share mitigation until the appeal has been resolved.

(10)

If an application or approval expires, the SCAD letter will no longer be valid.

(K)

Expiration of concurrency/vesting.

(1)

The public school concurrency approval for an application shall expire if development does not commence, as outlined in paragraph (2) below, within five (5) years following the date of town council approval.

(2)

When an application receives approval, satisfaction of concurrency for the number anticipated students shall be considered vested for up to five (5) years beginning from the date the developer received approval from the town. Vesting of an application beyond five (5) years requires that one (1) of the following conditions is met within the five-year period:

(a)

The issuance of a building permit for a principal building and first inspection approval; or

(b)

Substantial completion of project water lines, sewer lines, and the rock base for internal roads.

(Ord. No. 2008-10, § 2, 7-10-2008; Ord. No. 2011-012, § 2, 9-22-2011; Ord. No. 2021-002, § 2, 1-28-2021)

Fire protection services shall be adequate to provide an effective level of life safety and property protection in all new and proposed developments, and for proposed developments in existing developed areas. A finding that adequate fire protection service is available shall be based upon a determination of the fire marshal's office that all proposed development meets the following requirements:

(A)

Water supply. All water supply facilities, either existing or proposed to be constructed by the developer, shall be adequate to meet the fire protection needs of the proposed development.

(1)

All proposed developments within fifteen hundred (1,500) feet of existing public water supply shall extend the public water supply to the new development.

(2)

Residential developments of fewer than ten (10) dwelling units not within fifteen hundred (1,500) feet of a public water supply may use approved alternative water supplies as determined by the fire marshal's office. Approved alternative water supplies may be any one or more of the following as determined by the fire marshal's office: fire wells, water tanker trucks, ground drop tanks, elevated water storage tanks, drafting site on either canal or water reservoirs, automatic fire sprinkler systems, or other equivalent methods as approved and permitted by the fire marshal's office. Note: If the proposed development is adjacent to an existing development, the combined total of dwelling units shall be computed.

(3)

Residential developments of ten (10) or more contiguous dwelling units, commercial developments, industrial developments, or assembly developments, which are not within fifteen hundred (1,500) feet of a public water system shall provide an equivalent central public water supply. The equivalent central public water supply shall approximate the fire flows as indicated in the "Required Fire Flow Table" of table 110-5. In no case shall the water supply be less than fifty (50) percent of the minimum fire flow required by the table 110-5.

Table 110-5. Required Fire Flow Table

The calculations of required fire flows for selected locations or developments, in gallons per minute (GPM), considers such factors as the construction, occupancy, exposure and communication as outlined in the ISO Fire Suppression Rating Schedule (Edition 6-80), as may be amended from time to time.

(B)

Fire hydrants. Fire hydrants shall be installed as an integral part of the potable water system for the development within the distances described in subsections (B)(1) through (B)(3) of this section. Wherever a water line is installed within a public or private road right-of-way, a fire hydrant shall be installed at intervals measured along the water line in accordance with spacing distances specified described in subsections (B)(1) through (B)(3) of this section. No distance shall be measured across a trafficway arterial, or collector road.

(1)

Residential developments shall have hydrants installed at intervals not to exceed six hundred (600) feet, with a minimum water main size of six (6) inches. In no case shall the distance from any structure to a permitted fire hydrant be more than half of the required interval spacing distance indicated in this subsection.

(2)

Commercial and industrial (non-high-hazard) developments shall have hydrants installed at intervals not to exceed three hundred fifty (350) feet, with a minimum water main size of eight (8) inches. In no case shall the distance from any structure to a permitted fire hydrant be more than half of the required interval spacing distance indicated in this subsection.

(3)

Structures with automatic fire suppression systems or standpipes shall have a fire hydrant within one hundred fifty (150) feet of the fire department connection.

(4)

High-hazard commercial and industrial developments, such as storage facilities, manufacturing operations, shopping centers, and similar operations, as defined in the building code, which have large amounts of combustible or flammable products shall be required to install fire hydrants and water main sizes as determined by computing the required fire flow for the proposed development.

(5)

All fire hydrants shall deliver the required flow with a residual pressure of twenty (20) pounds per square inch.

(C)

Fire apparatus and facilities. The applicable fire department will determine the strategic locations of fire stations and availability and suitability of fire apparatus and equipment within defined response areas for the proposed development. In no case shall any point in a development be more than four (4) miles travel distance from an existing or budgeted fire station which houses the required fire department vehicles to serve the response area.

(1)

Determination of the number and type of fire department vehicles required to provide adequate fire rescue protection for the proposed development and given response area shall be as outlined in the I.S.O. Fire Suppression Rating Schedule (Edition 6-80), as may be amended from time to time, and as specified by the responsible fire department.

(Ord. No. 2005-005, § 4(110-120), 4-14-2005)

(A)

The town council shall determine the reasonable proportion of any property to be developed that shall be required pursuant to this article to be granted, dedicated or reserved to the public. Such determinations shall be based upon a finding of a rational relationship between the required dedication, grant or reservation and the anticipated needs of the community taking into account the immediate and direct impact of the proposed development and the long-term impact of continued approval of additional developments on necessary services and facilities in the affected geographical area. Any specific dedication requirement set forth in this article shall be a general standard or guideline, and in a proper factual situation may be reduced by the town council to comply with this subsection.

(B)

The amount of money required to be deposited with the town in lieu of dedication requirements and improvements shall be determined pursuant to the specific standards set forth in this article. The use of such funds will be restricted to the acquisition, expansion and development of service facilities for new users, in a manner consistent with the principles set forth in Contractors & Builders Association v. City of Dunedin, 329 So.2d 314 (Fla. 1976), and otherwise consistent with all requirements of the Constitutions of the United States and the state and all applicable laws.

The town shall charge a three (3) percent administrative fee based on:

(1)

The value of roadway improvements which the developer is required to construct. This amount shall be reduced by the three (3) percent administrative fee.

(2)

The amount of money a developer may deposit in a road fund in lieu of the share of the cost of improvements. This amount shall be reduced by the three (3) percent administrative fee.

(3)

The park impact fee schedule in table 110-4 includes the three (3) percent administrative fee.

(4)

The value of land dedicated as a local park if required by section 110-110, "Adequacy of parks and recreation facilities." This amount shall be reduced by the three (3) percent administrative fee. The town shall deposit the administrative fee in a nonlapsing trust fund established and maintained by the town. Administrative fee monies deposited by the developer shall be expended for the administration and support of the impact fee program. Such administrative fee shall not be used for maintenance of the equipment.

(C)

Any monies required pursuant to this article shall be deposited with the town prior to the town's second and final plat signoff, or where platting is not required, prior to the issuance of a development order for earlier of a plat note amendment, site plan or building permit, unless otherwise provided in an impact agreement entered into pursuant to section 110-140, "Impact agreements."

(D)

After building permits are issued for the total development covered by a development order previously received, if the development reflected by building permits issued is less intensive than the development that was used to compute required payment of monies, then, at the developer's request and upon appropriate proof, the town shall pay a rebate of that portion of the monies previously paid to the town which is proportional to the reduction in intensity. If the developer has been required by the town council to dedicate land, other than by a DRI development order, then the amount of such rebate shall be that portion of the property appraiser's assessed value of the land at the time it was dedicated or the value of the land shown by better evidence of value presented to the town prior to the dedication which is proportional to the reduction in intensity. In either of these cases, no rebate shall be paid by the town if it is determined that the town has expended any sums paid by the developer as required herein in reliance on completion of the development under the development order, which determination shall be made by the town council.

(E)

The construction and dedication requirements of this article, or any monies paid in lieu of such requirements, shall be considered as benefits that run with the subject property. Any rights, credits or refunds that derive from such construction, dedication or payments shall inure to the property for which the corresponding development order was issued, unless otherwise provided for in an impact agreement, as described in section 110-140, "Impact agreements."

(F)

When an application for a development permit is made by a governmental agency for the construction of a public building, or by an independent educational institution of higher learning accredited by the Southern Association of Colleges and Schools which is a not-for-profit corporation pursuant to F.S. ch. 617, and has tax exempt status pursuant to 26 U.S.C.A. 501 and F.S. ch. 196, the town council may waive, upon a request therefor, dedications of land, payments of money in lieu thereof, or other fees required by this article if the town council finds that the proposed building will serve a public purpose and promote the public health, safety and welfare. Upon such waiver, the town council shall identify on the record, the source of funds that will be used to pay for the services or facilities that would otherwise have been paid for by such dedication, payments or fees. Application fees shall not be waived.

(Ord. No. 2005-005, § 4(110-130), 4-14-2005)

(A)

In lieu of the dedication of lands, or construction of facilities, or the payment of fees in lieu of dedication or construction of facilities, as calculated under the specific standards of this article, or if compliance with one (1) or more sections of this article can be ensured only if the nature and scope of the proposed development is identified by means other than by plat notation, any applicant may propose to enter into an impact agreement with the town designed to establish just and equitable fees or their equivalent and standards for service needs appropriate to the circumstances of the specific development proposed. Such an agreement may include, but shall not be limited to, provisions which:

(1)

Specify the nature of the proposed development for purposes of computing service needs generated; and may establish enforceable means for ensuring that the nature of the development will be as agreed;

(2)

Provide an estimate of the number of persons and/or students to be generated by the proposed development, which estimate may differ from that set forth in this article; provided that such estimate shall be based on sufficient economic and planning data, in a form acceptable to the town, to demonstrate that a different population generation rate is appropriate; and provided further that no estimate having more than a fifteen (15) percent deviation from the numerical standard set forth in this article shall be permitted, except in the case of residential buildings determined by the town council to be designed, managed and controlled in such a manner as to be effectively limited to occupancy by persons having no school-age children;

(3)

Provide a schedule and method for payment of the fees in a manner appropriate to the particular circumstances of the proposed development in lieu of the requirements for depositing fees set forth in section 110-130(C), which may include a credit against required fees or dedications to the extent that there is an enforceable agreement between the developer and an appropriate governmental agency to either convey, lease or option property at less than value, which agreement meets in whole or in part the service needs generated by the development; provided that the town receive, in a form acceptable to the town council, security ensuring the payment of the fees subsequent to plat recordation, which security may be in the form of a cash bond, surety bond, an irrevocable letter of credit, or a lien or mortgage on lands to be covered by the development order;

(4)

Provide restrictions on the use of the deposited fees that differ from those set forth in section 110-130(B)(2); provided that the parties to the agreement are satisfied that the fees will be used in a manner that benefits the developed area by providing new facilities for new users in the town.

(B)

Any nonstandard agreement or security proposed by a developer pursuant to this subsection shall be considered for approval by the town council. Any such agreement may provide for execution by mortgagees, lienholders or contract purchasers in addition to the landowner, and may permit any party to record such agreement in the official records of the county. The town council shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Contractors and Builders Association v. City of Dunedin, 329 So. 2d 314 (Fla. 1976). The town council may also approve standard form agreements and securities which do not require individual approval by the town council. A standard form agreement and security shall be approved by the town attorney prior to plat recordation, recordation of an agreement to place or amend the note on a plat, or the issuance of a development order for a final site plan. Execution of all standard form agreements are subject to town attorney approval.

(C)

If property is replatted, and that property is subject to an existing impact agreement, as described in this section, then prior to the recordation of the replat, said agreement shall be:

a)

Satisfied;

b)

Amended to address the replat; or

c)

Replaced by an agreement addressing the replat.

(Ord. No. 2005-005, § 4(110-140), 4-14-2005)

This article establishes the procedures and requirements for review of applications to establish special exception uses.

(Ord. No. 2020-003, § 6, 2-13-2020)

Uses identified in zoning district regulations as special exception uses shall be established only after submittal of an application for special exception use and approval by the town council.

(Ord. No. 2020-003, § 6, 2-13-2020)

(A)

Filing of petition. Applications for special exception use shall be filed on forms provided by the town and shall be submitted to the town administrator. The property owner must be the applicant for the special exception use. The applicant as owner must be the operator of the use unless otherwise provided in the special exception use permit.

(B)

Review and scheduling of petition for public hearing. Upon receipt of a completed application and processing fee, and upon receipt of any additional documentation that the town administrator may request, the town administrator shall review the application and prepare a report which, at a minimum, details the facts and circumstances pertaining to the requested special exception use. Upon completion of such report, the application shall be duly advertised and scheduled before the town council, at the next available regular council meeting that considers quasi-judicial items.

(C)

Notice. Notice shall be provided pursuant to the requirements in article 100 pertaining to special exception uses.

(D)

Application fee. There shall be an application fee deposit for each application in an amount set by the town administrator. The petitioner shall be responsible for all costs associated with petition processing plus costs incurred by the town.

(E)

Public hearing procedure. The town council shall hear the application pursuant to the town's quasi-judicial procedures set forth in article 105.

(F)

Burden of proof under quasi-judicial procedures. In making a presentation, the petitioner shall bear the burden of demonstrating by competent substantial evidence that the evidence on the record demonstrates that the special exception use should be granted.

(G)

The vote. A special exception may be granted upon receiving five (5) affirmative votes of the town council.

(H)

Recordation. The town council's decision concerning any special exception use application shall be recorded in the public records of Broward County.

(Ord. No. 2020-003, § 6, 2-13-2020)

A special exception use shall be granted only when the town council determines that the use together with sufficient safeguards established in the special exception use permit, will be congruous and in harmony with the uses, improvements and character of the surrounding area, such that it will not create or foster undesirable health, safety or aesthetic conditions, or otherwise constitute a disruption that detracts from the peaceful enjoyment or value of surrounding and nearby properties arising from any of the following:

(A)

Density or intensity of use.

(B)

Scale of use and improvements.

(C)

Placement, design and orientation of functions and improvements.

(D)

Hours of operation.

(E)

Aesthetics.

(F)

Noise.

(G)

Vibration.

(H)

Dust.

(I)

Fumes and emissions.

(J)

Odor.

(K)

Glare.

(L)

Nighttime lighting.

(M)

Shadow effect.

(N)

Vehicular traffic generation including vehicle type, site access and circulation.

(O)

Drainage.

(P)

Impact on adjacent properties.

(Q)

Parking.

(R)

Fueling of vehicles and equipment.

(S)

Number of employees.

(T)

Outdoor storage.

(U)

Other conditions, effects or impacts that may be applicable.

(Ord. No. 2020-003, § 6, 2-13-2020)

(A)

A special exception use permit, issued pursuant to the requirements of this article, grants to the applicant the right to develop and/or utilize the subject premises in accordance with the terms and conditions contained in the resolution approving the special exception use, unless otherwise provided in such resolution.

(B)

Operation of an approved special exception use shall not be commenced until the town has verified that all conditions of approval applicable to the establishment of the use have been satisfied, and has issued a certificate of use.

(C)

Approval of a special exception use shall run with the property owner once established (i.e., not expired or revoked), and shall not be transferable.

(D)

Representations made in the application and on the record at the public hearing shall be part of the conditions of approval of such use, whether or not such representations are incorporated into the special exception use permit.

(Ord. No. 2020-003, § 6, 2-13-2020)

(A)

Expiration. All special exception use approvals shall expire unless the applicant obtains a certificate of use from the town within one hundred eighty (180) days of the date of approval, unless otherwise provided in the special exception use permit. A certificate of use shall not be issued unless all conditions of special permit use approval pertaining to the establishment of the use have been satisfied.

(B)

Due diligence. It shall be the responsibility of the applicant to ensure that a special exception permit does not expire.

(C)

Extensions. The town administrator may grant a single extension of not more than six (6) months upon written request from the applicant, prior to expiration, that includes a demonstration of good cause for the delay. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors beyond the control of the applicant. The town administer may grant subsequent extensions of not more than six (6) months each only upon demonstration of delay caused by governmental action or inaction, or other factors beyond the control of the applicant.

(D)

Discontinuance. If, for any reason, the special exception use ceases or is discontinued for a period of six (6) or more months, the premises shall not thereafter be used for that special exception use without the subsequent approval of a new special exception use application in accordance with this article.

(Ord. No. 2020-003, § 6, 2-13-2020)

Applicant-initiated amendments to an approved special exception use shall be processed and reviewed in accordance with the procedures and standards set forth in this article for new special exception uses.

(Ord. No. 2020-003, § 6, 2-13-2020)

All premises for which the town has granted a special exception use permit are subject to inspection by the town on a periodic basis, but not less than annually, to ensure compliance with all requirements of this article and conditions of approval.

(Ord. No. 2020-003, § 6, 2-13-2020)

(A)

The town council may revoke or modify a special exception use permit or modify its terms of approval after conducting a public hearing that is noticed pursuant to the requirements in article 100 for special exception uses upon any of the following occurrences:

(1)

Failure to adhere to the representations made in the application and to the terms and conditions of the approval.

(2)

A repeat violation as defined in section 2-149 of this Code.

(3)

Code violation that is not remedied within the timeframe the town has allotted.

(4)

Violations of three (3) code provisions within any five (5) year period.

(B)

Upon any of the foregoing instances, the town administrator shall refer the matter to the town council for public hearing, with written notice given to the special exception use permit holder and the general public as provided in article 100 for special exception uses. At the conclusion of the hearing, the town council may modify the terms of the permit or revoke the permit.

(C)

Upon revocation of special exception use permit, the town shall not process any subsequent application for the same property or by the same applicant for twelve (12) months.

(Ord. No. 2020-003, § 6, 2-13-2020)

Except as may otherwise be provided herein, when a use that was established as permitted by right (a permitted use or use indicated by a "P" in a particular zoning district), and the ULDC is later amended to designate the use as a special exception use, that use shall be considered a lawful special exception use. Town council approval pursuant to this article is required before any expansion of the use outside of the plot or portion thereof occupied by the use as of the date the ULDC is amended to designate the use as a special exception use.

(Ord. No. 2020-003, § 6, 2-13-2020)

Approval of a site plan or site plan modification is required prior to any development of land in the town, except as follows:

(A)

Excavation and the deposit and contouring of fill on land. However, a permit is required under section 005-080, "Permits required; expiration of permits and development orders," prior to any such activity.

(B)

Development of up to four (4) single-family residences on adjacent plots if all of the following conditions are met:

(1)

No additional or expanded infrastructure is required or proposed in connection with the proposed development, excluding sanitary sewer and water line connections to existing infrastructure for service to individual plots;

(2)

No subdivision sign or community entry feature is proposed;

(3)

No private, commonly owned and/or maintained areas are required or proposed, including, but not limited to, streets, landscaping areas, recreation areas, open space areas, and drainage features, but excluding access that is provided pursuant to section 090-080(C)(2) for plots without direct frontage on a public or private street;

(4)

The applicable drainage district does not object to the waiver; and

(5)

The town administrator determines there is no public purpose to be served by requiring site plan review and approval based upon the principles contained within this article.

(C)

Administratively approved modifications to approved site plans, limited to the following, provided no variance is required for the modification, that the modification does not violate any condition of site plan approval, and further provided that the modification does not change any verbal commitment or representation from the applicant, agent or owner made at the public hearing or in the application, or other understanding upon which approval may have been based:

(1)

Relocation or substitution of landscaping materials, except that relocation or substitution of perimeter landscaping materials for nonresidential uses abutting residential plots shall not be approved administratively without express authorization from the town council for a particular site plan;

(2)

Architectural modifications, including the addition of awnings and canopies.

(D)

Construction of bus stop shelters.

(E)

Erection of certain signs as provided in section 070-050, "Sign permits."

(F)

Diminution in size of a structure.

(G)

Demolition of a structure.

(H)

Waterbody maintenance activities.

(I)

Road maintenance activities. An engineering permit is required under section 005-080, "Permits required; expiration of permits and development orders."

(J)

Clearing of land. However, a permit is required under section 005-080, "Permits required; expiration of permits and development orders."

(K)

Division of land.

(Ord. No. 2005-005, § 4(120-010), 4-14-2005; Ord. No. 2011-01, § 2(Exh. A), 11-3-2010)

In addition to the application requirements contained in section 100-020, "General application requirements," an application for site plan approval or modification shall include the items and information listed below. The overall size of the development plan shall be twenty-four (24) inches by thirty-six (36) inches, drawn at a scale not less than one (1) inch equals fifty (50) feet, unless a smaller scale is permitted by the town administrator. The administrator may waive a submittal requirement if, in the administrator's opinion, it is not necessary for proper evaluation of a proposed site plan due to the limited scope of the proposal or the existence of previously submitted information that satisfies a submittal requirement.

(A)

A recent survey prepared by a state registered surveyor and mapper, certified as to meeting the requirements of the applicable section of the state administrative code, providing a legal description, including the section, township and range, and reflecting existing natural features, such as topography, with elevations provided on a minimum one hundred (100) foot grid, including elevations of adjacent land within twenty-five (25) feet of the proposed site plan existing vegetation, including botanical name, caliper and size of crown, existing paving, existing structures within the subject site and on adjacent properties within one hundred (100) feet of the subject site, including dimensions to property lines and use of the structures, rights-of-way and easements within and abutting the development site including the dedication instruments, and water bodies including top of bank and edge of water.

(B)

Site boundaries clearly identified, and ties-to-section corners.

(D)

Existing and proposed land uses and existing uses of adjacent land.

(E)

Location and height of all structures and total floor area categorized by use, with dimensions to lot lines, and designations of use.

(F)

Building separation measurements.

(G)

Vehicular circulation system for cars, bicycles and other required vehicle types, with indication of connection to public rights-of-way.

(H)

All adjacent public and private rights-of-way and easements, with indication of ultimate right-of-way line, centerline, width, pavement width, existing median cuts and intersections, street light poles and other utility facilities and easements.

(I)

Pedestrian circulation system.

(J)

Provider of water and wastewater facilities.

(K)

Existing and proposed fire hydrant locations.

(L)

The following computations:

(1)

Gross acreage.

(2)

Net acreage.

(3)

Number of dwelling units and density for residential uses only.

(4)

Individual and total square footage of building area, and square footage and percentage of ground covered by roofed buildings or structures and designation of use for each.

(5)

Required number of parking spaces, loading and stacking spaces, including calculations.

(6)

Number of existing, proposed and total existing and proposed parking, loading and stacking spaces provided.

(7)

Pervious, impervious and paved surface, in square footage and percentage.

(M)

Indication of existing native vegetation that will be preserved, as required herein.

(N)

Site plan location sketch, including section, township, and range.

(O)

Geometry of all paved areas including centerlines, dimensions, radii and elevations.

(P)

Location of trash and garbage disposal system and provisions for accessibility to garbage trucks.

(Q)

Location, dimensions, clearances and access of all required and proposed parking and loading areas.

(R)

Areas for emergency vehicles and fire engines, and provisions for accessibility to vehicles of the required type.

(S)

Location of all drainage features, and retention/detention areas, if any.

(T)

Schematic water, sewer, paving and drainage plan including the location of all mains and lift stations (note: Final engineering plans must be submitted and approved prior to the issuance of a building permit). Preliminary surface water management calculations must be provided unless waived by the town engineer.

(U)

Location of septic tank and drain field, if applicable.

(V)

A landscape plan demonstrating compliance with section 075-030, "Landscape plans."

(W)

A parking facility lighting plan and a street lighting plan, if applicable.

(X)

Floor plans and elevation drawings of all nonresidential buildings and structures.

(Y)

Street names and addresses, or a range of addresses, for any proposed building within the site plan, in conformity with town standards.

(Z)

An application for site plan approval which abuts a trafficway that is functionally classified as a state road and which proposes direct vehicle access to the state road, shall also be accompanied by a valid pre-application approval letter from the state department of transportation issued pursuant to the "State Highway System Access Management Classification System and Standards," as amended.

(AA)

An applicant for site plan approval for a nonresidential use shall provide written documentation with the application demonstrating the specific measures that will be taken to prevent or minimize impacts upon adjacent residential plots within three hundred (300) feet of a boundary of the site plan. These impacts include the effects of excessive noise, objectionable odors, visible emissions, particulate matter, including dust, smoke, soot, and aerosols, solid wastes, hazardous wastes, fire and explosion. Specific measures include, but are not limited to, the provision of setbacks, buffers, landscaping, fencing, walls, and/or other measures as required by the ULDC.

(BB)

A master signage plan indicting the type of sign casing, size of signs, height of letters, font, colors, maximum of two (2).

(Ord. No. 2005-005, § 4(120-020), 4-14-2005; Ord. No. 2011-01, § 2(Exh. A), 11-3-2010)

(A)

The various town disciplines, applicable drainage district, fire marshal, and other coordinating agencies shall review the site plan in accordance with procedures and timeframes adopted by the town.

(B)

The town council shall conduct a quasi-judicial public hearing and act on the site plan application as provided by law.

(Ord. No. 2005-005, § 4(120-030), 4-14-2005)

(A)

Conformance to the approved and/or recorded plat, if applicable.

(B)

Consistency with the town comprehensive plan.

(C)

Conformity to the ULDC.

(D)

Conformity to the town's adopted master drainage plan and/or drainage district requirements and regulations.

(E)

For nonresidential, nonagricultural site plans, conformity to the crime prevention through environmental design (CPTED) principles, including natural surveillance, natural access control and territorial reinforcement. Adherence to CPTED principles shall be balanced with specific ULDC requirements such as those for lush landscape buffers, which may not compliment CPTED design principles in some cases.

(Ord. No. 2005-005, § 4(120-040), 4-14-2005)

If an applicant's development plans change after receiving site plan approval, the applicant shall file an application for revised site plan approval with the town administrator for town council consideration, unless section 120-010(C) exempts the proposed modification from this process. Site plan modification submission requirements are identical to those for site plan approvals. The town administrator may waive certain submission requirements if deemed unnecessary for review of the modification, based upon the principles established within this article.

(Ord. No. 2005-005, § 4(120-050), 4-14-2005)

(A)

All site plans shall expire unless:

(1)

Complete applications for a building permit for all improvements as shown on the approved site plan have been submitted within twelve (12) months following the date of approval of the site plan; and

(2)

Building permits for such improvements are issued within eighteen (18) months following the date of approval of the site plan; and

(3)

Such building permits remains valid and in effect until a certificate of occupancy, or other equivalent approval is granted for the improvements.

(B)

In lieu of the timeframes set forth in subsection (A), the Town Council may approve a phasing agreement for buildout of a site plan that includes multiple structures.

(1)

The Council may approve a phasing agreement at any time prior to expiration of the site plan.

(2)

A phasing agreement shall not allow more than three (3) years for the developer to obtain building permits for all improvements shown on the site plan, unless the terms of phased buildout are made part of a binding developer agreement between the Town and the developer.

(3)

Approval of such a developer agreement with phasing provisions shall require the affirmative vote of four (4) councilmembers, with a specific finding that the there is a overriding public interest in allowing the buildout of the site plan to be phased.

(Ord. No. 2005-005, § 4(120-060), 4-14-2005)

This article governs the processing and consideration of amendments to the town's future land use plan map.

(Ord. No. 2005-005, § 4(125-010), 4-14-2005)

Applications must include, and follow, the checklist provided in the county land use plan administrative rules document. The town administrator may waive certain submittal items contained on the checklist where the nature of the proposed amendment does not require such items be submitted in order for complete review of the application.

(Ord. No. 2005-005, § 4(125-010), 4-14-2005)

The town shall process applications for amendment to the future land use plan map in accordance with F.S. §§ 163.3184, 163.3187 and 163.3189, and F.A.C. ch. 9J-11.

(Ord. No. 2005-005, § 4(125-020), 4-14-2005)

Plan amendment applications are considered legislative actions, and are governed accordingly, and should be consistent with the policy of the town as set forth in the goals, objectives and policies of the comprehensive plan.

(Ord. No. 2005-005, § 4(125-030), 4-14-2005)

Whenever the public necessity, convenience, general welfare, or good planning and zoning practice requires, the town council may, by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this ULDC or amendments thereto. This article governs the processing and consideration of such amendments and in particular amendments to the town's official zoning map (rezonings).

(Ord. No. 2005-005, § 4(130-010), 4-14-2005)

(A)

An application for a change of zoning district boundaries or a change of zoning district for any plot may be filed at the initiation of the town council, the planning and zoning board, the owner of the property which is the subject of the change or said owner's authorized designee.

(B)

All requests pertaining to zoning modifications shall first come before the town's planning and zoning board who shall provide a recommendation to the town council.

(C)

Following the planning and zoning board's recommendation, the request shall be brought before the town council as an ordinance, which shall be, at a minimum, heard in accordance with F.S. § 166.041.

(D)

All applicants shall complete an application on forms provided by the town, which shall be submitted to the town administrator upon completion.

(E)

Upon receipt of a completed application, receipt of any additional documentation that the town may request, and upon completion of the town's planning analysis, the application shall be duly advertised and scheduled before the town council, at the next available regular council meeting.

(F)

Notice shall be given to the general public in accordance with state law and in accordance with the town's notice requirements.

(G)

There shall be an application fee for each zoning request. The amount of the application shall be set by the town administrator as that amount required to reimburse the town for all expenses associated with the petition plus the costs incurred by the town.

(1)

Time of payment. The application fee shall be paid at the time the application is filed and is a condition of the town council holding the required public hearing.

(2)

Items deferred to a later date. In the event an applicant requests a deferral to a later date, the applicant shall pay any and all related costs associated with the deferral.

(H)

The town council shall hear the application pursuant to the town's quasi-judicial procedures set forth in article 105.

(I)

In making a presentation, the applicant shall bear the burden of demonstrating by competent substantial evidence that the evidence on the record demonstrates that the zoning modification should be granted.

(J)

In furtherance of section 5.01 of the town's Charter, all quasi-judicial items require a unanimous vote of the entire town council.

(K)

The town council's decision concerning any request for rezoning shall be recorded in the public records of the county.

(Ord. No. 2005-005, § 4(130-020), 4-14-2005; Ord. No. 2021-010, § 2, 5-27-2021)

In formulating a recommendation or decision on a zoning map amendment, the reviewing agency shall consider and shall evaluate the proposed amendment in relation to the following pertinent factors.

(A)

That the request does not meet any one (1) of the following criteria whereby the request would be considered contract or spot zoning:

(1)

The proposed rezoning would give privileges not generally extended to similarly situated property in the area.

(2)

The proposal is not in the public's best interest and it only benefits the property owner.

(3)

The proposed zoning request violates the town's comprehensive plan.

(4)

The proposed change will result in an isolated district unrelated to adjacent or nearby districts.

(B)

The request shall be consistent with one (1) or more of the following four (4) criteria:

(1)

That there exists an error or ambiguity which must be corrected.

(2)

That there exists changed or changing conditions which make approval of the request appropriate.

(3)

That substantial reasons exist why the property cannot be used in accordance with the existing zoning.

(4)

That the request would advance a public purpose, including, but not limited to, protecting, conserving, or preserving environmentally critical areas and natural resources.

(C)

When determining if at least one (1) of the four (4) criteria delineated in subsection (B) has been satisfied, the reviewing agency shall consider the following:

(1)

That the request is compatible with surrounding zoning districts and land uses. A proposed zoning district that has a greater maximum permitted density than any contiguous residential zoning district is not deemed compatible and shall not be approved.

(2)

That the request is consistent with or furthers the goals, objectives, policies, and the intent of the town's comprehensive plan and the town's future land use map.

(3)

That the anticipated impact of the application would not create an adverse impact upon public facilities such as schools and streets.

(D)

The reviewing agency shall also consider:

(1)

The recommendation of staff.

(2)

The testimony of any applicants, their agents or representatives.

(3)

The facts and opinions presented to the reviewing agency during public hearings.

(Ord. No. 2005-005, § 4(130-030), 4-14-2005; Ord. No. 2021-010, § 3, 5-27-2021)

At the conclusion of any public hearing relating to an amendment to the zoning code, the reviewing agency shall take one of the following actions:

(1)

Defer consideration of the amendment to a future date; provided, however, that the reviewing agency shall be required to make a decision within three (3) months of the originally scheduled hearing.

(2)

Approve the amendment.

(3)

Approve a modified version of the amendment that may be less restrictive than the current zoning district, but more restrictive than the petitioned for zoning district. Any amendments proffered which are not consistent with the advertised notice of public hearing shall be considered as a recommendation for initiation of a new amendment, requiring compliance with all provisions of this article.

(4)

Deny the amendment.

(Ord. No. 2005-005, § 4(130-040), 4-14-2005)

(1)

Except as set forth in subsection (2) of this section, when any request for a change of zoning district is withdrawn by the applicant after the initial public hearing or is denied by the town council, no other petition for a change of zoning on the same property shall be considered within one (1) year from the date of such withdrawal or denial.

(2)

The town council, for good cause and to avoid undue hardship, upon a unanimous vote of the entire council, may permit the resubmission of a withdrawn application within the one (1) year period.

(Ord. No. 2005-005, § 4(130-050), 4-14-2005; Ord. No. 2021-010, § 4, 5-27-2021)

In furtherance of § 9.100 et seq., of the Florida Rules of Appellate Procedure, as may be amended from time to time, an appeal of a decision of the town council shall be by writ of certiorari to a court of competent jurisdiction within thirty (30) days of the town council's decision.

(Ord. No. 2005-005, § 4(130-060), 4-14-2005)

Any person affected by an administrative decision rendered by the town administrator, town personnel or consultants (hereinafter referred to as "town administrator") relating to any provision of the ULDC, which person believes the decision has been rendered in error, may appeal the decision according to the procedure established within this article.

(Ord. No. 2005-005, § 4(135-010), 4-14-2005)

(A)

An appeal from any order, requirement, decision, or determination made by the town administrator may be appealed by notifying the town administrator and town attorney, in writing that the applicant is appealing the administrative decision. The notification shall be received no later than thirty (30) calendar days after the administrative decision is "rendered." If the notification is not received within thirty (30) days after rendition of the decision, the applicant is deemed to have waived the right to challenge the decision. For the purposes of this section, the term "rendered" means the date the applicant initials or otherwise indicates receipt of the decision. However, in the event the decision is not accepted or is returned, the term "rendered" means ten (10) calendar days after the date the decision was mailed, e-mailed or faxed.

(B)

Upon receipt of a timely notice of appeal, the appeal shall be assigned to the town council or designee (hereinafter referred to as "town council") serving in an appellate capacity at one (1) of the next two (2) regularly scheduled town council meetings unless an extension of time is requested or agreed to by the applicant. The town council shall be given a copy of the evidence previously presented as well as the administrative findings. All evidence previously submitted shall be incorporated by reference into the town council review proceeding. After reviewing all of the evidence, and after conducting a properly noticed quasi-judicial public hearing to review the petition in accordance with article 105, "Quasi-Judicial Hearing Requirements," the town council shall make a final determination based on the evidence presented and the applicable criteria set forth in the following subsections.

(C)

The town attorney shall represent the town council in the administrative hearing. The town council shall render a decision relating to an appeal from an administrative decision in accordance with the criteria set forth in the following subsections, the definitions set forth within article 10, "Definition of Terms," all applicable statutes, and established case law.

(D)

Nothing in this section prohibits the town administrator from reconsidering and reversing the administrative decision at any time prior to the start of the hearing before the town council.

(E)

Within thirty (30) days after rendition of the order, requirement, decision or determination, the town council shall have the authority to reverse or affirm, wholly or in part, or modify any order, requirement, decision, or determination made by the town administrator in the interpretation or enforcement of any provision of the ULDC. The council shall have all the powers of the town administrator from whose decision the appeal is taken.

(F)

The town attorney shall, within forty-five (45) calendar days of the issue a proposed order which shall include findings of fact and conclusions of law with respect to the claim of the applicant.

(G)

Appeal of the town council's decision shall be by petition for writ of certiorari to the circuit court within thirty (30) days, as established by § 9.100 of the Florida Rules of Appellate Procedure, as may be amended from time to time, from the date of the rendition of the town council's final decision.

(Ord. No. 2005-005, § 4(135-020), 4-14-2005)

In rendering a decision relating to an appeal from an administrative decision, the planning and zoning board shall consider the following:

(A)

Whether there exists an error or ambiguity which must be corrected;

(B)

The general intent of the section of the Code which is the subject of the appeal;

(C)

The impact of any finding on the surrounding community;

(D)

The testimony and submittals of any appellants, their counsel, agents, representatives, or witnesses; and

(E)

The testimony and submittals of the town administrator, his counsel, representatives, or witnesses.

(Ord. No. 2005-005, § 4(135-030), 4-14-2005)

In rendering a decision on any appeal from an administrative decision, the planning and zoning board may modify or reverse any interpretation of the town administrator. A violation of any modification, when made a part of the findings, shall be considered a violation of the ULDC section that was the subject of the appeal, and shall be subject to enforcement procedures of the town Code.

(Ord. No. 2005-005, § 4(135-040), 4-14-2005)

(A)

No approval shall be given for a proposed development containing any element in conflict with the town Code. Any such conflict shall be resolved prior to the issuance of any development order or permit by amending the development application or, if applicable, obtaining a variance pursuant to the requirements of this article.

(B)

The town council shall conduct public hearings, take testimony, and review documentary evidence submitted by parties requesting a variance from the terms of the ULDC as set forth herein.

(Ord. No. 2005-005, § 4(140-010), 4-14-2005)

(A)

The council shall have the authority to grant a variance to provisions of the ULDC relating to the following:

(1)

Height;

(2)

Yards;

(3)

Offstreet parking and loading;

(4)

Landscaping and buffers;

(5)

Separation of uses;

(6)

Plot coverage;

(7)

Such other provisions of the Code which do not specifically prohibit such requests.

(B)

No variance request may be acted upon by the town council that would allow a use which is specifically or by inference prohibited in any zoning district classification, including an increase in density, or any provisions for which the ULDC specifically prohibits waiver or modification.

(C)

Notwithstanding the foregoing subsections (A) and (B), the town council may grant a variance from any provision of this chapter that a petitioner claims violates state or federal law, upon a finding that the petitioner satisfies the standard set forth in the applicable federal or state statutes, or legal precedent interpreting the applicable statutes, to establish that the requested relief is required by law.

(D)

Applications for variances will not be considered with respect to the following:

(1)

Where application, either formal or informal, has been made for construction or alteration of buildings, structures, or other improvements that commenced subsequent to April 14, 2005 (the date of adoption of the ordinance from which this provision is derived), and for which all necessary development orders and permits have not been issued or where the town has denied such application, but the building, structure, or other improvement is later constructed.

(2)

Where plans have been submitted and approved and permits issued and the building, structure, or other improvement is not built according to plan.

(3)

Where plans have been submitted and approved and permits issued, but additional work not shown on the approved plans has been performed.

(4)

Where a property has been subdivided and as a result an existing structure is in violation of the provisions of this ULDC.

(Ord. No. 2005-005, § 4(140-020), 4-14-2005; Ord. No. 2022-008, § 2, 2-10-2022)

(A)

Filing of petition. Petitions for variances may be filed by any property owner substantially aggrieved by the literal enforcement of the regulations set forth in section 140-020(A). Such petitions shall be filed on forms provided by the town and shall be submitted to the town administrator.

(B)

Review and scheduling of petition for public hearing. Upon receipt of a completed petition, and upon receipt of any additional documentation that the town may request, the town administrator shall review the application and prepare a report which, at a minimum, details the facts and circumstances pertaining to the variance request. Upon completion of such report, the petition shall be duly advertised and scheduled before the town council, at the next available regular council meeting.

(C)

Notice. Notice shall be given to the general public in accordance with state law and in accordance with the town's notice requirements.

(D)

Application fee. There shall be an application fee for each variance petition. The amount of the application shall be set by the town administrator as that amount is required to reimburse the town for all expenses associated with the petition plus the costs incurred by the town. The application fee shall be paid at the time the petition is filed and is a condition of the town council holding the required public hearing.

(E)

Public hearing procedure. The town council shall hear the petition for a variance pursuant to the town's quasi-judicial procedures set forth in article 105.

(F)

Burden of proof under quasi-judicial procedures. In making a presentation, the petitioner shall bear the burden of demonstrating by competent substantial evidence that the evidence on the record demonstrates that the relief sought should be granted.

(G)

The vote. In furtherance of section 5.01 of the town's Charter, all quasi-judicial items require four (4) affirmative votes of the town council.

(H)

Recordation. The town council's decision concerning any variance application shall be recorded in the public records of the county.

(Ord. No. 2005-005, § 4(140-030), 4-14-2005)

(A)

A variance will not be contrary to the public interest where the applicant has demonstrated by competent substantial evidence that it has satisfied the criteria set forth in the following subsections.

(B)

When granting any variance from the terms of the ULDC, the town council shall determine whether the applicant has met the following criteria:

(1)

That special conditions and circumstances exist which are unique to the property in question, or to the intended use of the property, that do not generally apply to other properties in the same zoning district;

(2)

That any alleged hardship is not self-created by any person having an interest in the property and is not the result of mere disregard for, or ignorance of, the provisions of the ULDC, but is instead the result of one (1) or more of the special conditions found in subsection (B)(1) of this section;

(3)

That literal interpretation of the ULDC would deprive the applicant of reasonable use of the property, in that the applicant would be deprived of rights commonly enjoyed by properties in the same zoning district, and would thereby cause an unnecessary and undue hardship;

(4)

That the variance proposed is the minimum variance that will make possible the reasonable use of the property and it will not confer on the property any special privilege that is denied to any other properties in the same zoning district;

(5)

That the granting of the variance will be in harmony with the general intent and purpose of the ULDC and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(C)

When an applicant is seeking a variance from a construction, design or site improvement standard or requirement, including, but not limited to, all requirements contained within article 80, division 2, "Design and Construction Standards," and articles 85 and 90, "Site Development Standards," and "Subdivision Design and Access Standards," the applicant must demonstrate by competent substantial evidence that the deviation from the code requirement, together with any alternative methods, mitigation, materials, or design, is consistent with generally accepted engineering practices, such that the town's engineering standards may be modified as they pertain to the petition.

(Ord. No. 2005-005, § 4(140-040), 4-14-2005)

In authorizing any variance, the town council may prescribe reasonable conditions and limitations that are reasonably necessary to mitigate any impact the variance may have on the surrounding neighborhood. A violation of any condition or limitation, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ULDC and shall serve as grounds for the termination of the variance.

(Ord. No. 2005-005, § 4(140-050), 4-14-2005)

(A)

A variance shall automatically expire under the following conditions:

(1)

If a permit or development order has not been issued by the town within six (6) months from the date the variance was granted (or date of any final court order granting or modifying the variance), in accordance with the specific plans for which that variance was granted.

(2)

If a town development order expires.

(3)

If a permit issued within the required time period has expired or has been revoked pursuant to the building code, as may be amended from time to time.

(4)

If a permit or development order is issued within the required time period, if work has not been completed and a certificate of occupancy, or final inspection for uninhabitable structures or improvements, has not been issued under that permit within a reasonable time.

(5)

If the conditions and limitations of the variance have not been satisfied.

(B)

It shall be the responsibility of the property owner to ensure that a variance does not expire.

(C)

The petitioner shall be granted an extension to an expiring variance for a single one-year period, or a portion of a year, upon the town administrator's receipt of a written request not less than forty-five (45) days before the expiration of the approved variance, stating the reasons for the extension request, and providing that the administrator finds that the applicant requires the extension for reasons beyond the applicant's control. The administrator shall determine the length of the extension based upon the nature of the circumstances resulting in the request for extension.

(D)

Whenever the town council has taken action to reject a variance, the council shall not consider any further request for the same variance on any part of the same property for a period of twelve (12) months from the date of such action (or date of any final court order denying the variance), unless the time period is waived by four (4) affirmative votes of the town council in order to prevent injustice or to facilitate the proper development of the town.

(E)

Whenever the town council has taken action to reject a variance, the council shall not consider any further request for any other variance on any part of the same property for a period of six (6) months from the date of such action (or date of any final court order denying the variance), unless the time period is waived by four (4) affirmative votes of the town council in order to prevent injustice or to facilitate the proper development of the town.

(Ord. No. 2005-005, § 4(140-060), 4-14-2005)

This article implements the policy of the Town of Southwest Ranches for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ("ADA"). For purposes of this article, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to the town's land use or zoning laws, rules, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this article.

(Ord. No. 2017-007, § 3, 7-27-2017)

(A)

A request by an applicant for reasonable accommodation under this article shall be made in writing by completion of a reasonable accommodation request form, which form shall be maintained by (and shall be submitted to) the town administrator. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request.

(B)

Should the information provided by the disabled individual to the town include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the town, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The town shall thereafter endeavor to provide written notice to the disabled individual, and/or their representative, or any request received by the town for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the town. The town will cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the town shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses (whether by retention of outside counsel or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual.

(C)

The town administrator shall have the authority to consider and act on requests for reasonable accommodation, after notice and public hearing to receive comments, input and information from the public, provided, however, the town administrator shall not be required to render a decision at said public hearing. Once a reasonable accommodation request form has been completed and submitted to the town administrator, he or she shall have forty-five (45) days from the date of receipt of the completed application to request additional information pursuant to subsection (D),or issue a written determination and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law.

(1)

Any such denial shall be in writing and shall state the grounds therefore.

(2)

All written determinations shall give notice of the right to appeal.

(3)

The notice of determination shall be sent to the requesting party (i.e., the disabled individual or his/her representative) by certified mail, return receipt requested.

(D)

If reasonably necessary to reach a determination on the request for reasonable accommodation, the town administrator may, prior to the end of said forty-five-day period, request additional information from the requesting party, specifying in sufficient detail the additional information that is required. The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information.

(1)

In the event a request for additional information is made, the forty-five-day period to issue a written determination shall no longer be applicable, and the town administrator shall issue a written determination pursuant to subsection (C) within thirty (30) days after receipt of the additional information.

(2)

If the requesting party fails to provide the requested additional information within said fifteen-day period, the town administrator shall issue a written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn, and no further action by the town with regard to said reasonable accommodation request shall be required.

(E)

In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish that they are protected under the FHA and/or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this article the disabled individual must show: (i) a physical or mental impairment which substantially limits one or major life activities; (ii) a record of having such impairment; or (iii) that they are regarded as having such impairment. Next, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicapped/disabled persons equal opportunity to use and enjoy housing. The foregoing (as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the town administrator or by the town council in the event of an appeal.

(F)

Within thirty (30) days after the town administrator's determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the town council who shall, after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed.

(G)

There shall be no fee imposed by the town in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the town council, and the town shall have no obligation to pay a requesting or appealing party's attorney's fees or costs in connection with the request, or an appeal.

(H)

While an application for reasonable accommodation, or appeal or a determination of same, is pending before the town, the town will not enforce against the applicant the particular ordinance, rule, policy, or procedure from which reasonable accommodation has been requested.

(I)

The following general provisions shall be applicable:

(1)

The town shall display a notice on the town's public notice bulletin board advising the public that disabled individuals and qualifying entities may request reasonable accommodation as provided herein.

(2)

The town shall maintain copies available for review in the town clerk's office,

(3)

A disabled individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual.

(4)

The town shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal; and appearing at a hearing, etc., to ensure the process is accessible.

(Ord. No. 2017-007, § 3, 7-27-2017)

This article shall apply to any request for vacation or abandonment of any public right-of-way, or any town interest in an easement.

(Ord. No. 2005-005, § 4(145-010), 4-14-2005)

At a minimum, an application submittal for a vacation of right-of-way shall contain the following required information:

(A)

Evidence of the applicant's notification to all utilities (public and private) that may have an interest in the area to be vacated, such notice giving the utilities up to ten (10) business days from the date of mailing to respond with concerns, objections or a finding of no objection.

(B)

A petition duly signed, witnessed, notarized and acknowledged by all persons having an interest in all lots, blocks, tracts, pieces or parcels of land, however the same may be designated, that are shown on a plat sought to be vacated.

(C)

For all other vacations, a duly signed, witnessed, notarized instrument of support from all property owners of property abutting or accessing the right-of-way proposed for vacation, and all property owners requiring travel upon such right-of-way to gain access to another street or accessway in order to access their property.

(D)

A current signed and sealed survey of the area to be vacated including the legal description.

(Ord. No. 2005-005, § 4(145-020), 4-14-2005)

(A)

The council shall conduct a public hearing on the application. The council shall base its decision on the application to approve, deny or approve with conditions for mitigation of impacts, on positive findings to the following criteria:

(1)

The vacation will not adversely affect access to neighboring properties.

(2)

The subject right-of-way or easement is not needed for any public purpose, and the vacation request will not otherwise be in conflict with the public health, safety and welfare of town residents.

(B)

Approval shall be by ordinance.

(C)

Whenever the council has acted upon a vacation of right-of-way, whether approved or denied, the council shall not thereafter consider any further application for the same or any other kind of vacations of rights-of-way for any part or all of the same property for a period of one (1) year from the date of approval or denial. The time limits set in this subsection may be waived by a majority vote of the council when the council deems such action necessary to prevent injustice or to facilitate the proper development of the town.

(D)

Vacations of right-of-way are subject to the applicable provisions of the town Charter.

(E)

The ordinance vacating the right-of-way shall be recorded in the public records of the county.

(Ord. No. 2005-005, § 4(145-030), 4-14-2005)

(A)

The town council recognizes that certain land development rights of property owners may be vested with respect to approved land uses, density or intensity of development and/or staging or phasing of development. Any person claiming vested rights to develop property shall make application for a vested rights determination with the town administrator.

(Ord. No. 2005-005, § 4(150-010), 4-14-2005)

(A)

The town administrator shall review the application and any supporting documents and shall consult with the town attorney's office. The administrator shall render a determination within thirty (30) days of receiving all information the administrator deems necessary to make the determination.

(B)

If the town administrator receives a notice of appeal from the applicant within fifteen (15) days of mailing the determination to the applicant by certified mail, the appeal shall be scheduled for a public hearing before the town council, which may uphold or reverse the administrator's determination.

(C)

All vested rights determinations shall be based upon whether vested rights have been created pursuant to the provisions set forth within this section, applicable statutes, or established case law, and shall consider whether any time limitation is applicable to such vested rights.

(D)

Standards for claims for vested rights, subject to changes in state law and applicable case law:

(1)

There was a valid, unexpired act of an agency of the town upon which the applicant reasonably relied in good faith; and

(2)

The applicant, in reliance upon the valid, unexpired act of an agency of the town, has made a substantial change in position or has incurred extensive obligations or expenses; and

(3)

It would be inequitable, unjust, or fundamentally unfair to destroy the rights acquired by the applicant;

(4)

The following are not considered development expenditures or obligations in and of themselves, without more, unless the applicant was unable to obtain further approvals because of extraordinary delays, beyond the applicant's control:

a.

Expenditures for legal and other professional services that are not related to the design or construction of improvements.

b.

Taxes paid.

c.

Expenditures for initial acquisition of land.

(5)

It is recognized that there may be additional circumstances where some vested rights have arisen which are not specified in this section.

(Ord. No. 2005-005, § 4(150-020), 4-14-2005)

In the event that the owner of a property that contains a "noncommercial farm" finds that the town's Unified Land Development Code relating to height, setbacks, or plot coverage inordinately prohibits, restricts, or limits a generally accepted farming practice, the property owner may seek a special exception from these provisions of the town's Unified Land Development Code as they pertain to the noncommercial farm.

(Ord. No. 2015-001, § 1, 12-11-2014)

(A)

In the event that the owner of a property containing a noncommercial farm seeks a special exception to deviate ten percent (10%) or less from the town's Unified Land Development Code requirements, such special exception may be approved administratively by the town administrator provided that the applicant has demonstrated by competent substantial evidence that the administrative special exception is warranted as set forth in section 155-030 below.

(B)

Applications for an administrative special exception shall be made to the town administrator. There shall be no fee for the application.

(C)

The town administrator shall review the application and any supporting documents to determine, in a quasi-judicial capacity, whether the applicant has demonstrated by competent substantial evidence that the criteria set forth in section 155-030 has been satisfied and that an administrative special exception is warranted. Within twenty (20) business days after the receipt of a complete and sufficient application, the town administrator shall either grant the application or respond to the applicant in writing the reason or reasons for denial. The decision shall be mailed by U.S. Mail to the address indicated on the application, return receipt requested. Copies of the town administrator's decision shall be provided to the town council and to the town attorney. All approvals shall be placed into recordable form and shall only be valid upon satisfaction of the requirements set forth in section (E) below.

(D)

If the applicant disagrees with the decision of the town administrator, the applicant may file a non-administrative special exception for review by the town council as set forth in section 155-040 below. The town administrator's decision shall be made part of the record.

(E)

If the applicant is granted an administrative special exception, such special exception shall remain valid until the agricultural use of a building or structure, for which a special exception is granted, is converted to a nonagricultural use or the noncommercial farm activity ceases for sixty (60) days or more. Upon any of the preceding occurrences, the administrative special exception shall be deemed to be immediately revoked, and the improvements that were the subject of the special exception shall be in violation of the chapter until they are brought into compliance with the height, setback, and/or plot coverage standards from which the special exception was granted. The property owner shall execute a deed restriction acknowledging the terms of this subsection, in a form and format approved by the town attorney, which shall be recorded, at the applicant's expense, in the public records of Broward County Florida, prior to receiving the administrative special exception. In the event that the town administrator approves a setback reduction, the reduced side shall have a buffer consisting of an opaque fence or wall, hedge or berm to a minimum height of six (6) feet.

(Ord. No. 2015-001, § 1, 12-11-2014; Ord. No. 2015-006, § 19, 9-15-2015)

(A)

To grant an administrative noncommercial farm special exception, the town administrator must find that the applicant has demonstrated by competent substantial evidence that it satisfies the following criteria:

(1)

The application relates to a "noncommercial farm," as defined by section 010-030 of the town's Unified Land Development Code.

(2)

The town's ULDC inordinately prohibits, restricts, or limits a generally accepted farming practice;

(3)

That the administrative special exception proposed is the minimum that will make possible the reasonable use of the property as a noncommercial farm;

(4)

That the granting of the administrative special exception will not negatively impact the neighboring properties.

(Ord. No. 2015-001, § 1, 12-11-2014)

(A)

In the event that the owner of a property that contains a noncommercial farm seeks a special exception to deviate more than ten percent (10%) from the town's Unified Land Development Code requirements, or in the event that an administrative noncommercial farm special exception has been denied, a special exception may be approved by the town council, in a quasi-judicial capacity, provided that the applicant has demonstrated by competent substantial evidence that the special exception is warranted as set forth in section 155-50 below.

(B)

Applications for a special exception shall be made to the town administrator. The town administrator shall confirm the sufficiency of all applications within ten (10) business days of receipt. Completed applications will be scheduled to be heard at the next available regularly scheduled council meeting as a quasi-judicial item. There shall be no cost for the application, however the applicant shall reimburse the town its cost for advertising the item. In the event that the town has other public hearing items on the agenda, the applicant shall solely pay the amount necessary to cover the cost of the additional copy. In the event that there are no public hearing items on an the agenda, the applicant shall have the option of paying the full cost of the advertisement or waiting for the next regularly scheduled council meeting containing advertised public hearing items.

(C)

The application shall be heard in accordance with the town's rules for quasi-judicial procedures. The town council shall review the application, supporting documents, and testimony received to determine whether the applicant has demonstrated by competent substantial evidence that the criteria set forth in section 155-050 has been satisfied and that an administrative special exception is warranted. The town council may deny the special exception, may approve the special exception, may approve the special exception with conditions, or it may table the item in order to obtain additional information. All final decisions of the town council shall be recorded, at the applicants expense, in the Public Records of Broward County, Florida. All approvals or approvals with conditions shall only be valid upon satisfaction of the requirements set forth in section (D) below.

(D)

If the applicant is granted a special exception or a special exception with conditions, such special exception shall remain valid until the agricultural use of a building or structure, for which a special exception is granted, is converted to a nonagricultural use or the noncommercial farm activity ceases for sixty (60) days or more. Upon any of the preceding occurrences, the administrative special exception shall be deemed to be immediately revoked, and the improvements that were the subject of the special exception shall be in violation of the chapter until they are brought into compliance with the height, setback, and/or plot coverage standards from which the special exception was granted. The property owner shall execute a deed restriction acknowledging the terms of this subsection, in a form and format approved by the town attorney, which shall be recorded, at the applicant's expense, in the public records of Broward County Florida, prior to receiving the special exception. In the event that the town council approves a setback reduction, the reduced side shall have a buffer consisting of an opaque fence or wall, hedge or berm to a minimum height of six (6) feet.

(Ord. No. 2015-001, § 1, 12-11-2014; Ord. No. 2015-006, § 20, 9-15-2015)

(A)

To grant a noncommercial farm special exception, the town council must find that the applicant has demonstrated by competent substantial evidence that it satisfies the following criteria:

(1)

The application relates to a "noncommercial farm," as defined by section 010-030 of the town's Unified Land Development Code; and

(2)

The town's ULDC inordinately prohibits, restricts, or limits a generally accepted farming practice; and

(3)

That the administrative special exception proposed is the minimum that will make possible the reasonable use of the property as a noncommercial farm; and,

(4)

That the granting of the administrative special exception will not negatively impact the neighboring properties.

(Ord. No. 2015-001, § 1, 12-11-2014)

(A)

Whenever the town council has taken action to reject a noncommercial farm special exception, the town council shall not consider any further requests for a noncommercial farm on any part of the same property for a period of twelve (12) months from the date of such action (or date of any final court order denying the noncommercial farm special exception).

(B)

An appeal from a decision of the town council shall be as provided by law.

(Ord. No. 2015-001, § 1, 12-11-2014)

(A)

Intent. It is the intent of this section to provide relief for plots, or portions thereof, that are no longer farms because of an amendment to F.S. § 193.461, that became effective on July 1, 2013.

(B)

Relief provided. Any nonresidential building or structure on a non-commercial farm that continues to be used exclusively for agricultural and related purposes, shall continue to enjoy relief from section 005-080, "Permits required; expiration of permits and development orders", and ULDC regulations governing plot coverage, height and setbacks subject to the terms in subsection (D) without the need to apply for a special exception, if:

(1)

The building or structure was constructed pursuant to a town farm certification and/or F.S. § 604.50, prior to July 1, 2013; and

(2)

The town inspects the building or structure and determines that it has sufficient structural integrity so as not to constitute a threat to life, safety and property; and

(3)

The property owner fully complies with the requirements in subsections (C) and (D).

(C)

Procedure. In order to qualify for such relief, the property owner shall:

(1)

Submit information to the town administrator on a standard form to be prepared by the town administrator, as to the farm buildings and farm structures for which relief is required, and the extent of noncompliance with the ULDC requirements; and

(2)

Execute deed restrictions and other standard forms to be prepared by the town attorney acknowledging limitations and conditions that shall apply to the relief provided under this section, including but not limited to, the terms of subsection (D). All such standard forms shall be recorded, at the applicant's expense, in the public records of Broward County, Florida. Failure of a property owner to comply with the requirements of this subsection shall cause any noncompliant nonresidential farm building or farm structure on a non-commercial farm, to be in violation of the ULDC.

(D)

Terms and limitations. Upon compliance with subsection (C), relief from plot coverage, height and/or setback requirements shall remain in effect until September 15, 2035 unless:

(1)

The agricultural use of the building or structure changes to a nonagricultural use; or

(2)

The non-commercial farm activity ceases for sixty (60) days or more; or

(3)

A town inspection determines that the building or structure has deteriorated, been damaged or altered such that it poses a threat to life, safety and property. The town reserves the right to enter the property upon reasonable notice to inspect the building or structure to ensure compliance with the provisions of this section.

Upon any of the preceding occurrences, the improvements that were the subject of the ULDC relief shall be in violation of this chapter until they are brought into compliance with the applicable ULDC height, setback, and/or plot coverage regulations.

(Ord. No. 2015-001, § 1, 12-11-2014; Ord. No. 2015-006, § 21, 9-15-2015)

(A)

No parcel of land, whether platted or unplatted, shall be subdivided unless a plat or waiver of plat has been approved by the town council in accordance with divisions 1 and 2 of this article, respectively.

(B)

No application for a building permit for the construction of a principal building on a parcel of land in the town shall be granted unless a plat including such parcel of land has been recorded in the official records of the county pursuant to county platting requirements subsequent to June 4, 1953, which commences with plat book 32, page 15, Official Records of Broward County, Florida. The only exception to the mandatory platting rule is for building permits for construction of two (2) or fewer single-family dwelling units that meet either of the following criteria and meet the eligibility criteria for waivers of plat set forth in Sec. 115-070:

(1)

Located at least one thousand (1,000) feet from any lot or portion thereof that was exempted from platting under this paragraph within twenty-four (24) months preceding the submittal of the permit application; or

(2)

Has been under different ownership than any such exempted property within one thousand (1,000) feet, at all times during the twenty-four (24) months preceding submittal of the permit application.

And is consistent with the requirements of the comprehensive plan.

(C)

No agreement shall be entered into providing for the conveyance, leasing or mortgaging thereof by reference solely to a plat, unless such plat shall have been approved and recorded as provided herein.

(D)

No conveyance, lease or mortgage or agreement to convey, lease or mortgage lands in violation of the provisions of this article shall be recorded in the public records. Any and all such conveyances, leases or mortgages, or agreements to convey, lease or mortgage, or attempts to convey, lease or mortgage lands in violation of the provisions of this division, made or attempted to be made hereafter, shall be void ab initio.

(Ord. No. 2005-005, § 4(115-010), 4-14-2005; Ord. No. 2011-02, § 2, 11-3-2010; Ord. No. 2022-007, § 2, 2-10-2022)

(A)

Consistency. An application for plat approval shall comply with the applicable provisions of the elements of the comprehensive plan and the ULDC.

(B)

Building permits prior to plat recordation. The town may allow building permits to be issued for a parcel of land for which plat approval has been given by the town council and board of county commissioners although the plat has not yet been recorded, subject to the provisions of the county land development code contained within section 5-187(c), "Building permits prior to plat recordation," and (d), "Essential government facilities," as may be amended from time to time.

(C)

Depiction of noncontiguous parcels of land. A plat shall not depict or include noncontiguous parcels of land except in the following cases:

(1)

Parcels may be separated by a right-of-way for a highway, road, railroad or utility.

(2)

Parcels may be separated by a water body or watercourse which does not exceed three hundred (300) feet.

(3)

A plat may contain up to ten (10) noncontiguous single-family lots, provided that such lots all have frontage on the same road or street and are all within a distance of fifteen hundred (1,500) feet.

(Ord. No. 2005-005, § 4(115-020), 4-14-2005)

In addition to the application submission requirements of section 100-020, "General application requirements," all plats shall be submitted consistent with the following requirements, and F.S. ch. 177. In the case of any conflict, the more restrictive provision shall apply.

(A)

Plat drawing requirements. An application for plat approval shall be accompanied by a plat drawing, the overall size of which shall be twenty-four (24) inches by thirty-six (36) inches, drawn at a standard engineering scale no smaller than one (1) inch equals one hundred (100) feet except when a smaller scale is approved by the town administrator, and which shows the following:

(1)

Proposed subdivision name or identifying title. Such name shall not be the same or in any way so similar to any name appearing on any recorded plat in 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.

(2)

A plat location sketch showing the plat in relation to a nearby intersection of two (2) arterial, collector or other well-established existing roadways.

(3)

North arrow, scale and date.

(4)

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

(5)

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

(6)

The legal description of the property being platted.

(7)

All existing easements and rights-of-way within the plat limits with the purpose and the instrument of record labeled.

(8)

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

(9)

Space for signature of the mayor.

(10)

Space for the town clerk's signature and town seal.

(11)

Space for community development director's signature.

(12)

The following language shall precede the area for the Mayor's signature on the plat: "The Town of Southwest Ranches agrees not to issue building permits for the construction, expansion, and/or conversion of a building within the plat until such time as the developer provides the town with written confirmation from Broward County that all applicable impact fees have been paid or are not due."

(13)

The parcel encompassed by the legal description shown on the plat shall be clearly identified with a heavy line, and shall show dimensions, and either bearings or interior angles of said parcel with independent ties to two (2) or more land corners, or independent ties to a recorded subdivision, and one (1) land corner. When a case arises where it is impractical to tie to a land corner because of lost or destroyed monuments, and the parcel can be adequately surveyed independent of said land corners, then the following points will be considered acceptable as land ties: Block Corners, Permanent Reference Monuments, or Permanent Control Points from a previously recorded plat. The use of these types of land ties shall be subject to approval by the director.

(14)

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

(15)

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

(16)

Dedication and acknowledgment language.

(17)

Mortgagee approval and acknowledgment language.

(18)

All plat dimensions shall be shown accurate to one-hundredths (.01) of a foot, except for riparian boundaries, which may be shown as approximate with a witness line showing complete dimension data. Rows of lots with the same dimensions may use ditto marks providing the first and last lots in the row are appropriately dimensioned.

(19)

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

(20)

At least two (2) 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 registered surveyor and mapper 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 two hundred (200) feet of the plat boundary and described by ties to the plat boundary. The plat shall list in the plat notes the governmental benchmark from which the plat benchmarks were established. Only benchmarks established by federal, state, county or municipal governments shall be acceptable as the starting benchmark.

(21)

The plat shall show grid bearings or azimuths, with state plane coordinates shown on all permanent reference monuments and all land ties where the plat lies within sections assigned state plane coordinates that have been recorded in the public records of 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, adopted by the state board of land surveyors, September 1, 1981, as may be amended from time to time.

(22)

A mathematical closure of the plat boundary shall not exceed three hundredths (.03) of a foot.

(23)

The surveyor's certificate shall state conformity with:

a.

F.S. ch. 177.

b.

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

c.

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

(24)

Space for approval of drainage district, special improvement district, or taxing district, as applicable.

(B)

Items to accompany the plat:

(1)

A conceptual access plan, drawn at a standard engineering scale no smaller than one (1) inch equals one hundred (100) feet, except when a smaller scale is approved by the director, which shows the following:

a.

The location of the centerline, with dimensions from known land ties, such as section lines or centerlines of right-of-way, of all proposed access locations on all public rights-of-way abutting the plat.

b.

The number and direction of lanes proposed for each driveway or roadway access location.

c.

The proposed minimum distance from the ultimate right-of-way line from the adjacent roadway to the outer edge of any interior service drive or parking space with direct access to the driveway in the access location.

d.

The proposed minimum distance from the ultimate right-of-way line from the adjacent roadway to any proposed gate location.

(2)

A current survey, no older than six (6) months, certified by a registered surveyor and mapper, which shows the following:

a.

All information necessary for preparation of the plat as required in subsection (A) of this section.

b.

The location of all existing structures, paved areas and easements on and abutting the property, including the edge of pavement of all abutting streets.

c.

Existing roadway details adjacent to the property including rights-of-way, pavement widths, sidewalks, driveways (curb cuts), curb and gutter, turn lanes, bus bays, medians, median openings, traffic signals and signal equipment, streetlights, pull boxes, utility poles and utility equipment, drainage structures, and fire hydrants.

(3)

An application for plat approval which abuts a trafficway that is functionally classified as a state road and which proposes direct vehicle access to the state road, shall also be accompanied by a valid preapplication approval letter from the state department of transportation issued pursuant to the "State Highway System Access Management Classification System and Standards," as may be amended from time to time.

(4)

The original plat linen drawing prepared pursuant to F.S. ch. 177, containing all items required herein, and all original signatures required for the executed dedication and acknowledgment and the executed mortgagee approval and acknowledgment shall be provided prior to town council consideration of the plat.

(5)

The original signatures of the applicable drainage district shall be required on the original plat linen prior to town council consideration of the plat. In cases where two (2) signatures are required, the linen may be accepted with one (1) signature, provided that the drainage district provides written confirmation that it will sign the plat prior to recordation.

(6)

An original title certificate or an attorney's opinion of title with all exceptions. The title certificate or attorney's opinion of title shall:

a.

Be based upon a legal description that matches the plat.

b.

Be based upon a search of the public records within forty-five (45) days of submittal.

c.

Contain the names of all owners of record.

d.

Contain the names of all mortgage holders and if there are no mortgages, it shall so state.

e.

Contain a listing of all easements and rights-of-way lying within the plat boundaries, and if there are none, it shall so state.

f.

Contain a listing of all easements and rights-of-way which abut the plat boundaries and are necessary for legal access to the plat, and if there are none, it shall so state.

(7)

A CD-ROM containing an electronic copy of the plat in final form to be considered by the town council, in a format acceptable to the town clerk, to be provided prior to council consideration of the plat.

(Ord. No. 2005-005, § 4(115-030), 4-14-2005)

(A)

At a regularly scheduled public meeting, the town council shall review the application for conformity to the ULDC and shall act upon the application. The town council shall make one of the following determinations:

(1)

That the application is in compliance with the applicable standards and minimum requirements of this Code or that vested rights exist with regard to any noncompliance, in which case the town council shall adopt a development order granting approval of the application;

(2)

That the application is not in compliance with the applicable standards and minimum requirements of this ULDC, in which case the town council shall adopt a development order denying the application; or

(3)

That the application is not in compliance with the applicable standards and minimum requirements of this ULDC, but conditions have been determined by the town council to be reasonably necessary to ensure compliance with the applicable standards and minimum requirements of this article, and that vested rights exist with regard to any noncompliance, in which case the town council shall adopt a development order granting approval of the application with said conditions.

(B)

Approval shall be by resolution of the town council.

(C)

Plats must be approved by the county commission subsequent to town council approval before recording can occur.

(D)

Town council approval of all plats, replats and delegation requests, including findings of adequacy, shall automatically expire at the later of:

(1)

Six (6) months from the date of town council approval; or

(2)

Upon expiration of such applications as provided by the Broward County Land Development Code; or

(3)

Upon expiration of the county commission approval for such applications, including findings of adequacy, as provided by the Broward County Land Development Code.

(Ord. No. 2005-005, § 4(115-040), 4-14-2005)

(A)

Signatures needed for recordation. No plat shall be recorded hereafter unless it shall bear the following signatures on behalf of the town: mayor on behalf of the town council, attestation by the town clerk, and final signoff of the town administrator once the plat has been approved by the county board of county commissioners and the plat is in final form and ready for recordation.

(B)

Recordation to comply with county requirements. The plat shall be recorded pursuant to county land development code recordation requirements.

(C)

Necessary documents and conditions. Prior to the final town signoff on the plat, an applicant shall furnish the town with those documents and materials necessary to evidence and ensure compliance with such requirements, standards, restrictions or conditions of this article, and conditions of approval, as requested by the town. Such documents and materials may include, but are not limited to, updated opinion of title, bonds or other security, agreements, restrictive covenants, payment of impact fees, deeds, and easements, if evidence of compliance with such requirements, standards, restrictions or conditions is not appropriately contained in the development order or on the plat to be recorded.

(D)

Digital information. Prior to recording the plat, an applicant shall furnish the town with a digital file in a format compatible with the town's GIS/CAD system.

(E)

Use of state plane coordinates to identify permanent reference monuments. Any plat being submitted in the town in which state plane coordinates are being used to identify permanent reference monuments (PRM) shall use the most current datum and adjustment (as of the effective date of the ordinance from which this ULDC is derived, the NAD 83 with the 1990 adjustment).

(Ord. No. 2005-005, § 4(115-050), 4-14-2005)

(A)

All streets, alleys, easements, rights-of-way, parks, school sites and public areas shown on an accepted and recorded plat, unless otherwise stated, shall be deemed to have been dedicated or granted, as appropriate, to the public for the uses and purposes thereon stated. Approval and execution of the recorded plat by the town council shall constitute, unless otherwise stated, an acceptance of said offer to dedicate, grant or reserve. Reservations must be clearly indicated as such, and must include the word "reservation," to whom it is reserved and for what purpose.

(B)

Dedication to the public of all roads, streets, alleys and other thoroughfares, however designated, shall be for the perpetual use of the public for the full width of such roads, streets, alleys and other thoroughfares, and shall be made by all persons having any interest in any and all the lands abutting on such roads, streets, alleys or other thoroughfares.

(Ord. No. 2005-005, § 4(115-060), 4-14-2005)

(A)

It shall be unlawful to subdivide land without first platting the property in accordance with division 1 of this article or obtaining a waiver of plat from the town council pursuant to this division.

(B)

The waiver of plat is intended as an economical alternative to platting under limited circumstances to ensure that the subdivision of land satisfies all zoning and land development requirements of the ULDC pertaining to plot dimensions, plot area, setbacks where applicable, legal, safe and adequate access, and other basic ULDC requirements.

(C)

Waivers of plat are authorized only in the following circumstances:

(1)

Platting is not otherwise required for issuance of a building permit pursuant to division 1 of this article; and

(2)

The waiver of plat application is for approval to move a common lot line between two (2) lawfully created lots of record a distance of up to fifty (50) feet without creating an additional lot or parcel; or

(3)

The waiver of plat application is for approval to subdivide a single tract into two (2) lots, provided that the tract has a net area at least three (3) times the minimum net lot area required in the applicable zoning district, and that the property owner deed restricts the tract to prohibit any further subdivision; or

(4)

The waiver of plat application is for approval to subdivide a single tract into two (2) lots, provided that:

(a)

The petitioner owns and permanently resides on the tract, maintains a homestead exemption pursuant to F.S. ch. 196 and has done so for a period of at least twenty (20) years preceding the date of the application;

(b)

The town shall not approve any further waiver of plat application for a tract of land subdivided pursuant to this paragraph.

(Ord. No. 2005-005, § 4(115-070), 4-14-2005; Ord. No. 2011-02, § 3, 11-3-2010; Ord. No. 2022-007, § 3, 2-10-2022)

The following items shall be submitted in addition to those required in section 100-020, "General application requirements":

(A)

Current, sealed survey showing the entire tract to be subdivided, and the delineation of the proposed lot, including dimensions and net and gross area calculations measured both in square footage and acreage, and showing all existing and proposed rights-of-way and easements.

(B)

Current warranty deed.

(C)

Agreements as required under section 090-080, "Access to development," fully executed by the property owner and other necessary third-party signators with the recording fee.

(Ord. No. 2005-005, § 4(115-080), 4-14-2005)

Review and approval shall be through the town council. The town council shall review and approve a waiver of plat at a quasi-judicial public hearing and upon determination that the proposed subdivision satisfies all applicable ULDC requirements.

(A)

Waiver of plats shall be recorded by the applicant in the official county records. A copy of the recorded documents shall be submitted to the town.

(B)

Prior to filing an application with the town, the applicant should have a preconference with the town to obtain application forms and to receive general information regarding the waiver of plat process. Following the preconference, the applicant may submit a waiver of plat application for review by the appropriate town divisions.

(C)

A waiver of plat application shall be presented to the town council after the town finds that the proposed waiver of plat is in conformity with any applicable zoning codes, or other land use controls which are known to exist.

(Ord. No. 2005-005, § 4(115-090), 4-14-2005; Ord. No. 2011-02, § 3, 11-3-2010)

All waiver of plat approvals shall expire six (6) months from the date of approval unless the requisite documents effecting the subdivision, as approved, have been recorded.

(Ord. No. 2011-02, § 3, 11-3-2010)