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.
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:
Page 1
(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. U
(2) Representatives from the various public utilities, and other governmental agencies or
departments, as may be needed from time to time for additional input.
Public utility includes 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 fora 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 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)
Footnotes:
(2) ---
City Code cross references— Planning, building and zoning department, § 2-201 et seq.; fire -rescue
department, § 2-231 et seq.; public works department, § 2-261 et seq.; general services administration
department, § 2-326 et seq.; police department, § 42-1 et seq.
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.
Page 2
(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, 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 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.
Page 3
(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 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; Ord. No.
13467, § 3, 6-12-14)
Page 4