HomeMy WebLinkAboutBack-Up from Law DeptSuarez -Rivas, --Rafael
To:
Subject:
Diaz, Daniel D.; Gomez, Marta; Rawlins, Tracy
55-8 City Code for Agenda Items 14-106L/ 14-2590
Ord. No. 9584, § 1, 3-24-83; Ord. No. 10981, § 2, 4-30-92; Ord. No. 11047, § 2, 3-11-93; Code 1980, § 54.5-7;
Ord. No. 12763, § 2, 2-9-06)
Sec. 55-8. Same —Same —Final plat.
(a)
Conformity to tentative plat. The final plat shall have incorporated all changes, or modifications, as required by
the plat and street conunittee, to make the tentative plat conform to the requirements of this chapter. Otherwise,
it shall conforn to the approved tentative plat.
(b)
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.
(c)
Contents.
(1)
Naive of subdivision. The plat shall have a title or naive. 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.
(2)
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 resubdivision of the whole of a previously recorded plat, the fact shall be so stated.
(3)
Names of adjacent subdivisions.
i
(4)
Names or numbers and width of streets immediately adjoining plat.
(5)
All plat boundaries.
(6)
Bearings and distances to the nearest established street lines, section corners or other recognized permanent
monuments which shall be accurately described on the plat.
(7)
Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and
bearing.
(8)
Accurate location of all monuments.
(9)
Length of all arcs, radii, internal angles, points of curvature and tangent bearings.
(10)
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.
(11)
The naive or numbering and right-of-way width of each street or other right-of-way shown on plat.
(12)
The numbering of all lots and blocks shown on the plat. All lots shall be numbered either by progressive
numbers, or in blocks progressively numbered, except that blocks in numbered additions, bearing the same
name shall be numbered consecutively throughout the several additions. Excepted parcels must be marked "not
part of this plat."
(13)
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.
(14)
The dimensions of all lots and angles or bearings.
2
(15)
Location, dimension and purpose of any easements.
(16)
Certification by a registered surveyor to the effect that the plat represents a survey made by him, and that their
location is correctly shown.
(17)
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.
(18)
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.
(19)
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.
(20)
Signature of director of the county public works department indicating that the plat also conforms to chapter 28
of the county Code.
(d)
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 lines, establishrnent 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)
3
Necessary fees as required by city Code for processing, checking and recording plat.
(5)
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.
(e)
Approval by city commission.
(1)
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.
(2)
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)
Rafael Suarez -Rivas, Senior Assistant City Attorney
Division Chief, Land Use/Transactional Division
Board Certified, City, County and
Local Government Law
City of Miami Office of the City Attorney
Telephone: 305-416-1818
Facsimile: 305-416-1801
rsuarez-rivas@miamigov.com
Beer Review Rated
PREEMIN
Aida Garcia, Litigation Assistant, (305)416-1815
4
Disclaimer: This e-mail _is- intended -only for the individual(s) or entity(s) : named within -the message. This e=mail might contain legally privileged and
confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -
client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could
constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it
to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by
the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this
communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in
this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Under Florida law, e-mail addresses and the
contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
Please consider the environment before printing this e-mail.
5