HomeMy WebLinkAboutBack-up from Law DeptChapter 55 SUBDIVISION REGULATIONS Ll
Sec. 55-8. Same —Same —Final plat.
Sec. 55-8. Same —Same —Final plat.,;;
(a)
(b)
(c)
Conformity to tentative plat. The final plat shall have incorporated all changes, or
modifications, as required by the plat and street committee, to make the tentative plat
conform to the requirements of this chapter. Otherwise, it shall conform to the
approved tentative plat.
Preparation. The final plat shall be prepared by a land surveyor. The final plat shall
be clearly and legibly drawn in ink on drafting linen or a Mylar base, to a sheet size of
18 inches by 28 inches or 30 inches by 36 inches and to a scale of sufficient size to
be legible. The final plat, insofar as preparation is concerned, shall comply with all
applicable regulations and state laws dealing with the preparation of plats.
Contents.
(1)
(2)
Name of subdivision. The plat shall have a title or name. The terms "town,"
"city" or "village" or any other terms suggesting a municipal corporation shall
not appear in the title or name of any plat which includes any property in the
City of Miami. The supervisor of plats of the city shall disapprove any name
or title which may be found to be sufficiently similar to the name of any
existing town, city or village or municipal corporation, or the name similar to
any previously approved plat in the incorporated or unincorporated areas of
the county which may cause confusion as to the status or the location of any
platted property.
Deed description. Description written on map or plat. There shall be written or
printed upon the plat a full and detailed description of the land embraced in
the map or plat showing the township and range in which such lands are
situated and the section and part of sections platted and location sketch
showing the plat's location in reference to the closest corner of the section in
which the plat is located. The description must be so complete that from it,
without reference to the plat, the starting point can be determined and the
outlines run. If a subdivision of a part of a previously recorded plat is made,
the previous lots and blocks to be resubdivided shall be given. If the plat is a
(3)
(4)
(5)
(8)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
resubdivision of the whole of a previously recorded plat, the fact shall be so
stated.
Names of adjacent subdivisions.
Names or numbers and width of streets immediately adjoining plat.
All plat boundaries.
Bearings and distances to the nearest established street lines, section
corners or other recognized permanent monuments which shall be accurately
described on the plat.
Municipal, township, county or section lines accurately tied to the lines of the
subdivision by distance and bearing.
Accurate location of all monuments.
Length of all arcs, radii, internal angles, points of curvature and tangent
bearings.
When lots are located on a curve or when side lot lines are at angles less
than 87 degrees or more than 93 degrees, the width of the lot at the front
building setback line shall be shown in addition to the width of the lot at the
right-of-way line.
The name or numbering and right-of-way width of each street or other right-
of-way shown on plat.
The numbering of all Tots and blocks shown on the plat. All lots shall be
numbered either by progressive numbers, or in blocks progressively
numbered, except that blocks in numbered additions, bearing the same name
shall be numbered consecutively throughout the several additions. Excepted
parcels must be marked "not part of this plat."
All areas reserved or dedicated for public purposes. No strip or parcel of land
shall be reserved by the owner, unless the same is sufficient in size and area
to be some practical use or service.
(15)
(16)
(17)
(18)
(19)
(20)
The dimensions of all lots and angles or bearings.
Location, dimension and purpose of any easements.
Certification by a registered surveyor to the effect that the plat represents a
survey made by him, and that their location is correctly shown.
An acknowledgment by the owner, or owners, of his adoption of the plat, and
of the dedication of streets and other public areas and the consent of any
mortgage holders to such adoption and dedication.
Signature of the director of the city department of public works, certifying that
the plat appears to conform to all of the provisions and requirements of this
chapter.
Signatures of the city manager and city clerk, and the impression of the city
seal, certifying that the city commission has approved the plat and accepted
the dedications thereon by resolution, and stating the number and date of
said resolution.
Signature of director of the county public works department indicating that the
plat also conforms to chapter 28 of the county Code.
Other data required with plat.
(1)
Restrictive covenants desired by the developer so long as they do not violate
existing ordinances. Restrictive covenants shall be required covering
restrictions controlling building Tines, establishment and maintenance of
buffer strips and walls, and restrictions of similar nature.
(2)
Current opinion of title from any attorney authorized to practice law in this
state.
(3)
Certification from the city and county that all taxes and assessments have
been paid on the land within the proposed subdivision or receipted tax bills.
(4)
Necessary fees as required by city Code for processing, checking and
recording plat.
(5)
(e)
Certification that all required improvements within the public right-of-way
have been completed and/or that the city is holding sufficient bond for the
completion of the improvements. The certification shall also state that the plat
appears to conform to all of the requirements of this chapter.
Approval by city commission.
(1)
(2)
Upon submission of the final plat and the additional required data, the
director of the department of public works shall cause the plat to be placed
on the next available city commission agenda for approval. After approval by
the city commission, and certification of said approval by the city manager
and city clerk, the owner of the property being platted shall be notified that his
plat is ready for recordation. The owner shall retrieve his plat from the
department of public works and carry it to the appropriate county agency for
recordation in the public records of Dade County. The plat must be recorded
within 120 calendar days of the approval by the city commission.
If the property owner has not caused the recordation of the plat within the
above -specified 120 days, the director of public works shall notify the city
commission that the plat is in default, and is deemed abandoned. The
director shall submit to the city commission, at the earliest available meeting,
a resolution for their approval rescinding their prior action and ordering the
release and/or refund of any bond for subdivision improvements. The
property owner shall be notified by registered letter, return receipt requested,
that his plat is in default and shall be informed of the date of the city
commission meeting at which recision of his plat will be considered. At that
meeting, the property owner may petition the city commission for an
extension of time, not to exceed 30 days, in which to complete the
recordation of his plat. The city commission may grant or deny the petition of
the property owner for extension of time. If the extension of time is granted
and the plat has not been recorded within the above 30-day period, the city
commission shall automatically rescind its original approval of the plat.
(Ord. No. 9584, § 1. 3-24-83; Ord. No. 10385, § 1, 2-18-88; Code 1980, § 54.5-8)
Chapter 55 SUBDIVISION REGULATIONS
Sec. 55-10. Building permits; issuance: restrictions; exceptions.
Sec. 55-10. Building permits; issuance; restrictions; exceptions.'.
(i)
A building permit may be issued for construction of improvements on private property or on
govemmental agency -owned land within the boundaries of an approved tentative plat prior to
final plat approval and recordation thereof, subject to: (1) completion and approval, by city
commission resolution, of the rights -of -way and platted easements vacation and closure
procedure as set forth in section 55-15, if applicable; (2) submittal of an opinion of title from
an attorney member of the fund in a form acceptable to the city attorney; (3) execution of the
subdivision improvements agreements and any development agreements warranted by the
city; and (4) the recording of an agreement executed by the private property owner or the
governmental agency, the developer and the city, at the private property owner's or the
governmental agency's expense. The provisions of the agreement shall include, as
applicable, but not be limited to the following:
(1)
(2)
(3)
(4)
Payment of all actual or estimated permit and other applicable regulatory
fees associated with the improvements to the city prior to issuance of any
building permits.
Acknowledge they are proceeding at their own risk and acknowledge that
they will not make a vested/property rights claim or cause of action arising or
accruing by virtue of these exceptions and agree to indemnify, defend, and
hold harmless the city, and, when applicable, post a payment and
performance bond for the city in connection with the improvements on the
tentative plat.
Agree to immediately cease all construction and relinquish any and all rights
to improvements constructed on the property to the governmental agency in
the event that the plat is not recorded within the recordation period, as
defined in subsection (10), and thus allowing the city to withdraw from the
payment and performance bond.
Acknowledge that nothing in the agreement shall prejudice the city's right to
impose conditions on approval of the plat which are required by state, county,
and/or city plat ordinances and zoning regulations or are otherwise
necessary to ensure the public health, safety and welfare of the citizens of
the city; nor shall the city be stopped from enforcing the terms of the
agreement by reason of its issuance of building permits.
Agree that the issuance of building permits is not a grant of any vested right
whatsoever to the governmental agency or developer to use to complete
construction of the project within the boundaries of the plat.
Acknowledge that a temporary certificate of occupancy or a certificate of
occupancy shall not be issued, unless and until the governmental agency or
developer obtains final plat approval and records the final plat in the official
records of Miami -Dade County, Florida, within the recordation period, as
defined in subsection (10).
Acknowledge that the condition of subsection (6), shall appear on the face of
any and all building permits issued by the city pursuant to the agreement.
Acknowledge that any building permits issued by the city for construction of
the improvements will be issued in accordance with all applicable laws and
the terms and conditions set forth in the agreement.
Acknowledge that the city reserves the right to evaluate all applications for
building permits for compliance with all existing laws, ordinances and
regulations controlling the issuance of building permits for construction within
the city.
Acknowledge that the date to obtain city final plat approval and recordation of
the plat in the official records of Miami -Dade County, Florida, the "recordation
period," is the same as the expiration date set forth in the tentative plat
approval.
In the event that the governmental agency or developer does not record the
plat by the expiration of the recordation period, the governmental agency and
developer agree to immediately cease all construction activities on the
property and to relinquish any and all rights to any improvements constructed
thereon to the governmental agency; or if requested by the city, to forthwith
remove the improvements within three months of the expiration of the
recordation period. The governmental agency and developer agree the city
shall not be held financially responsible to the governmental agency,
developer or any third parties in connection with any actions taken in
accordance herewith. The city will also be able to withdraw from the payment
and performance bond when applicable.
(12)
The governmental agency and developer agree to indemnify, defend, and
hold harmless the city from any claims, demands, liabilities, losses, causes of
action of any nature whatsoever arising out of or in connection with the
agreement, the granting of any building permits or any part thereof, from and
against all costs, fees, expenses, liabilities, any orders, judgments or decrees
which may be entered in from and against all costs, attorneys' fees,
expenses and liabilities incurred in the defense of such claim or in the
investigation thereof. The governmental agency and developer agree to also
post a payment and performance bond in favor of the city for the amount of
the project, when applicable.
(13)
A joinder by any mortagee or any other person or firm having encumbrance
of record on the property.
Notwithstanding the foregoing, as to development of private property within the city, a
building permit may be issued only upon the director of the city department of public works,
recommending the issuance of the building permit.
(Ord. No. 9584, § 1, 3-24-83; Ord. No. 9961, § 1, 2-14-85; Code 1980, § 54.5-11; Ord. No. 11361, § 2, 4-
25-96; Ord. No. 11609, § 2, 2-10-98; Ord. No. 12180, § 1, 1-10-02; Ord. No. 12788, § 2, 4-6-06; Ord. No.
13277, § 2, 7-28-11; Ord. No. 13401, § 2, 7-25-13)