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HomeMy WebLinkAboutBack-Up from Law DeptSec. 55-1. - Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Alley is any thoroughfare or passageway (not officially designated as a street) designated as an alley by a recorded plat, deed or recorded instrument, to be a secondary means of vehicular access to the rear or side of properties otherwise abutting on a street. Block includes "tier" or "group" and means a group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified. Cul-de-sac means a street terminated at the end by a vehicular turnaround. Department of public works "Engineering Standards For Design And Construction" and "Standard Contract Documents and Specifications For Public Works Projects" are the comprehensive sets of standards and specifications covering the minimum requirements for the design and construction of subdivision improvements. Easement means any strip of land created by a subdivider for public or private utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude described as follows: (1) Private easement(s) means any easement granted to specified individuals or specified public or private entities. (2) Public easement(s) means any easement granted for the use of nonspecified utilities or to the public in general. Any reference to easement(s) in this section shall refer to a public easement(s) unless otherwise specified as private easement(s). (3) Emergency access easement is any easement designated and maintained specifically to provide access for emergency equipment, vehicles and/or personnel to provide protection for life, property, health, welfare and safety of individuals or the general public. Engineer means a civil engineer registered under F.S. ch. 471 who is in good standing with the state board of professional engineers. Final plat is the final tracing, map or drawing prepared by a land surveyor, on which the subdivider's plan of subdivision is presented to the governing body for approval, and which, if approved, will be submitted to the clerk of the circuit court for recording. Flood criteria is the minimum finished elevation required for all lands as established and shown on the flood criteria map recorded in plat book 120, page 13 of the public records of the county as the same may be modified from time to time. Governmental agency, as the context requires, means an official, officer, commission, authority council, committee, department, division, bureau, board, section, or another unit or entity of government. Land surveyor means a land surveyor registered under F.S. ch. 472 who is in good standing with the state board of professional surveyors and mappers. Lot includes any platted tract or platted parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified, intended as a single building site or unit for transfer or ownership for development. Lot of record means, and is defined, the same as the term "lot," above. Mapped street is a proposed right-of-way through an unplatted parcel of land, as shown on those maps on file in the department of public works. Phased project is a project(s) which, due to its magnitude, is to be developed in multiple phases. Such phased project shall contain a minimum of three acres of land and propose more than 499,000 square feet of gross floor area within the boundaries of a single plat. The project may occupy contiguous lands, separated only by streets or alleys. The project may be developed under a single building permit or multiple building permits. Plat and street committee is the technical committee that shall review all tentative plats before acceptance by the city commission. The composition of the committee shall be as follows: (1) Department of public works; department of planning; department of building; office of zoning; department of police; department of fire -rescue; and department of solid waste. [2] (2) Representatives from the various public utilities, and other governmental agencies or departments, as may be needed from time to time for additional input. Publicutilityincludes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, cable television or communications facility, whether underground or overhead. Right-of-way means land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals or governing bodies. Street includes any primary accessway such as a street, road, lane, highway, avenue, boulevard, parkway, circle, court, terrace, place or cul-de-sac, and also includes all of the land lying between the right- of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those accessways such as alleys, easements and rights -of -way intended solely for limited utility purposes, and easements of ingress and egress. Subdivider means the person or legal entity that applies for approval of a plat of a subdivision pursuant to this chapter. Subdivision is the platting of real property to create one or more lots, tracts or parcels, and includes establishment of new streets and alleys, additions and resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided. Supervisor of plats is the director of public works, or his/her designee, with responsibilities and authority as defined in the City Charter. Tentative plat is a survey drawing prepared by a land surveyor, indicating existing conditions and the proposed layout of the subdivision submitted for approval. (Ord. No. 9584, § 1, 3-24-83; Ord. No. 9961, § 1, 2-14-85; Ord. No. 10730, § 1, 5-24-90; Code 1980, § 54.5-1; Ord. No. 11609, § 2, 2-10-98; Ord. No. 13328, § 2, 7-12-12; Ord. No. 13467, § 3, 6-12-14; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13702, § 2, 10-26-17) Sec. 55-2. - Intent of chapter. The intent of this chapter is to regulate the subdivision, or resubdivision, of land within the corporate limits of the city, and to aid in the coordination of land development in the community in accordance with orderly physical patterns, and to implement such other regulations and other measures as may have been or may hereafter be adopted, for: (1) The establishment of standards of subdivision design which will encourage the development of safe, sound and economically stable neighborhoods, and the creation of healthy living environments. (2) The efficient, adequate and economic provision of utilities and service to land developments. (3) The prevention of traffic hazards and the provision of safe and convenient vehicular and pedestrian traffic circulation. (4) The provision of public open spaces as may be necessary. (Ord. No. 9584, § 1, 3-24-83; Code 1980, § 54.5-2) Sec. 55-3. - Application of chapter. (a) This chapter shall apply to and be enforced within the entirety of the city. (b) No person, firm, corporation or any other legal entity shall create a subdivision anywhere in the city except in conformity with this chapter. (Ord. No. 9584, § 1, 3-24-83; Code 1980, § 54.5-3) Sec. 55-4. - Plats and platting —Recording required. Whenever land within the corporate limits of the city is divided or subdivided, a plat must be recorded. (Ord. No. 9584, § 1, 3-24-83; Code 1980, § 54.5-4) Sec. 55-5. - Same —Approval before recording. No plat of any subdivision shall be entitled to be recorded in the office of the clerk of the circuit court until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be stricken from the record upon application of the city commission. (Ord. No. 9584, § 1, 3-24-83; Code 1980, § 54.5-5) State Law reference— Similar provisions, F.S. § 71.071. Sec. 55-6. - Same —Revising plat after approval. Any changes, erasures, modifications or revisions to an approved plat prior to recordation may only be made by the survey section with the approval of the supervisor of plats to correct scriveners' errors, reflect accurate legal descriptions and locate right-of-way dedications, drainage ways and easements. No changes, erasures, modifications or revisions to an approved plat prior to recordation shall be made unless resubmitted for new approval provided, however, that the governing body may, after public hearing and based only upon a recommendation of the supervisor of plats, change, modify or revise dedicated road rights -of -way or drainage easements. (Ord. No. 9584, § 1, 3-24-83; Code 1980, § 54.5-6; Ord. No. 12643, § 2, 1-13-05; Ord. No. 13467, § 3, 6-12-14) Sec. 55-7. - Same —Procedure —Conference and tentative plat. (a) Preliminary conference. The subdivider or his/her engineer or land surveyor, prior to the preparation of the tentative plat, may informally seek the advice of the supervisor of plats, or his/her designee, in order that he/she may become familiar with the subdivision requirements. (b) Tentative plat. The tentative plat shall show all of the facts and data required by the supervisor of plats to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest. (1) The following information shall be a part of the tentative plat unless waived by the supervisor of plats: a. Proposed subdivision name and identifying title and the name of the city, and the section, township and range. b. Name and address of record owner, subdivider and the land surveyor preparing the tentative plat. c. Location of property lines, existing easements, buildings, watercourses and other essential and significant features. d. The names of all subdivisions immediately adjacent. e. The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to be subdivided or in adjacent rights -of -way and easements. f. Location, names and present widths of existing and proposed rights -of -way, easements, parks and other open public spaces immediately adjacent to the land being platted. g. The location, names and widths of any existing or mapped streets or other public ways or places within the area to be subdivided, and the locations and widths of all rights -of -way and easements proposed by the subdivider. h. Date of survey, north point and graphic scale. i. Legal description and plan or proposed layout of lots made and certified by a land surveyor. j. Existing ground elevations of the property and adjacent rights -of -way on a 50-foot- grid pattern, and any other significant elevations and extending to the centerline of adjacent rights -of -way. k. The proposed lot lines with accurate dimensions and, in the case of odd or irregularly shaped lots, suggested location of buildings. I. Where there are two or more land use zoning districts within the area being platted, each district shall be shown as a separate block, tract or lot on the plat. m. The boundaries of proposed permanent utility easements over or under private property which shall not be less than 12 feet in width, except as indicated elsewhere in the chapter. Such easements shall provide satisfactory access to an existing public right-of-way shown upon the layout or upon the official map. Permanent drainage easements shall also be shown. n. Where the tentative plat submitted covers only a part of the subdivider's entire holding, a sketch of the prospective future street system of the unsubdivided part may be required, where justified because of unusual circumstances, and the street system of the unsubmitted part will be considered in the light of adjustments and connections with the street system of the part submitted. o. A location map at the scale of one inch equals 300 feet showing adjacent subdivisions and existing and proposed streets. p. A plat application signed by the owner, or owner's designee, and notarized on the form prescribed by the supervisor of plats. q. All dimensions affecting public rights -of -way and proposed dedication of the public rights -of -way shall be shown as established by the supervisor of plats. (2) The following information shall be submitted in addition to the tentative plat if requested by the supervisor of plats, or by the plat and street committee: a. Any proposed changes in the use, height, area and density districts or other regulations under the Miami 21, the zoning code for the city, applicable to the area to be subdivided. b. A preliminary site development plan. (c) Filing copies of tentative plat and plat application. At least 15 days in advance of a plat and street committee meeting, the subdivider shall file such copies of the tentative plat as may be required by the supervisor of plats, together with the plat application. The subdivider shall also pay such fees as may be required by the city Code for filing the tentative plat. Copies of the tentative plat shall be distributed by the supervisor of plats to members of the plat and street committee. (d) Review of tentative plat. (1) All tentative plats filed shall be reviewed for compliance with the provisions of this chapter at the next available regular meeting of the plat and street committee. Notification of the committee's findings shall be sent to the subdivider. (2) If the subdivider does not agree with the findings of the plat and street committee, he/she may request, in writing, from the supervisor of plats, a review of the findings of the plat and street committee. The supervisor of plats shall then convene a meeting of a committee composed of the directors, or their designees, of the departments represented on the plat and street committee to discuss the findings with the subdivider. Any determinations or agreements reached during this meeting shall be binding on both the subdivider and the city. (e) Approval of tentative plat. Approval and recommendation of the tentative plat by the plat and street committee shall be valid for a period of one year and six months under the terms and conditions stipulated by the committee for said approval, except for governmental entities and agencies, for which the approval and recommendation of the plat and street committee, subject to the terms and conditions stipulated therein, shall be valid for a period of two years. In the event that the subdivider does not submit a final plat and receive commission approval within the above -specified time limit, the tentative plat shall be deemed abandoned, and to obtain commission approval of a final plat the subdivider shall resubmit the tentative plat or a new tentative plat with a new application and payment of the required fees. A subdivider may request an extension of time in which to file a final plat by submitting a written request, prior to the expiration of the tentative plat, to the director of the public works department, stating that the subdivision is located in a "critical sewer area" as designated by Dade County department of environmental resources management and, due to the sanitary sewer connection moratorium in effect in the "critical sewer areas," that the subdivider cannot obtain required water and sewer agreements from the Dade County water and sewer authority department. Any extension granted pursuant to this section shall be for the duration of the sanitary sewer connection moratorium plus 90 days. (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; Ord. No. 13467, § 3, 6-12-14; Ord. No. 13676, § 2, 4-27-17) 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 committee, to make the tentative plat conform to the requirements of this chapter. Otherwise, it shall conform 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) Name of subdivision. The plat shall have a title or name. The terms "town," "city" or "village" or any other terms suggesting a municipality 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 and/or Miami -Dade County 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. (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 name 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. (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/her, and that their location is correctly shown. (17) An acknowledgment by the owner, or owners, of his/her 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 and city surveyor 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 the director of Miami -Dade county department of regulatory and economic resources and, if applicable, the director and county engineer of the Miami -Dade county public works/waste management 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, 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) 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 the plat is ready for recordation. The city shall deliver the plat to the appropriate county agency for county review and approval and subsequent recordation in the public records of Miami -Dade County. The plat must be recorded within 180 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 180 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/her plat is in default and shall be informed of the date of the city commission meeting at which recision of his/her 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/her 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; Ord. No. 13467, § 3, 6-12-14; Ord. No. 13676, § 2, 4-27-17)