§ 125.21 ADEQUACY OF PUBLIC SCHOOL FACILITIES.

   Pursuant to the Public School Facilities Element of the City Comprehensive Plan (PSFE) and the Amended Interlocal Agreement for Public School Facility Planning (ILA), the City , in collaboration with Broward County and the School Board of Broward County (School Board), shall ensure that 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 are available concurrent with the impact of proposed residential Development .

   125.21(A)   Applications subject to a Public School  Concurrency determination. The City shall not approve an application for a residential Plat , replat, Plat note amendment, or any site plan, until the School Board has reported that the school Concurrency requirement has been satisfied or unless the City has determined that the application is exempt or vested.

   125.21(B)   Exemptions and vested Development .

   125.21(B)(1)   The following residential applications shall be exempt from the requirements of Public School   Concurrency :

   125.21(B)(1)(a)   An application which generates less than one student at each level in the relevant Concurrency Service Area (CSA). Such Development shall nevertheless be subject to the payment of school impact fees;

   125.21(B)(1)(b)   An application for age restricted communities with no permanent residents under the age of 18. Exemption for an aged restricted community shall only be applicable provided that a recorded restrictive covenant prohibiting the residence of school aged children in a manner not inconsistent with federal, State or local Law or regulations is provided;

   125.21(B)(1)(c)   A Development of Regional Impact (DRI) with a Development Order issued before July 1, 2005, the effective date of Senate Bill 360, or an application submitted before May 1, 2005; or

   125.21(B)(1)(d)   As may otherwise be exempted by Florida Statutes.

   125.21(B)(2)   The following residential applications shall be vested from the requirements of Public School   Concurrency :

   125.21(B)(2)(a)   Any application located within a previously approved Comprehensive Plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following:

   125.21(B)(2)(a)1.   The mitigation to address the impact of the new students anticipated from the Development has been accepted by the School Board consistent with School Board Policy 1161, entitled “Growth Management,” as may be amended from time to time; and

   125.21(B)(2)(a)2.   A declaration of restrictive covenant has been properly executed and recorded by the developer, or the Development is located within a boundary area that is subject to an executed and recorded tri-party agreement (between the School Board, City , and the developer) consistent with School Board Policy 1161, as may be amended from time to time.

   125.21(B)(2)(a)3.   The Applicant shall provide a letter from the School Board or other evidence acceptable to the City verifying subsections 125.21(B)(2)(a)1. and 125.21(B)(2)(a)2. above. Other evidence may include documentation as specified in the tri-party agreement.

   125.21(B)(2)(b)   Any application which is included within a residential Plat or Development Agreement for which school impacts have been satisfied for the Dwelling units included in the proposed application. This includes any unexpired applications approved by Broward County or City between February 2, 1979, and the effective date of the PSFE of the City ’s Comprehensive Plan. In the transmittal of an application to the School Board, the City shall include written information indicating that the units in the application are vested.

   125.21(B)(2)(c)   Any application that has received final site plan approval, and which has not expired, prior to the effective date of the PSFE of the City ’s Comprehensive Plan.

   125.21(B)(3)   To be exempt or vested from the requirements of Public School   Concurrency , an Applicant seeking such a determination shall be required to submit documentation with the application to the City which shall include 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 . The City shall transmit or provide written information to the School Board indicating that the units in the application are vested.

   125.21(C)   Level of service standards. The level of service standard (LOS) shall be 100% of gross capacity (with relocatable classrooms for each Concurrency Service Area (CSA) until the end of the 2018/19 school year; and commencing at the 2019/20 school year, the LOS for each CSA shall be 110% of the permanent FISH capacity. The LOS shall be achieved and maintained within the period covered by the five-year schedule of capital improvements contained in the effective Five-Year Adopted District Educational Facilities Plan (DEFP).

   125.21(D)   Concurrency Service Areas (CSAs). The areas for the implementation of Public School  Concurrency in the City shall be known as Concurrency Service Areas (CSAs) and such CSAs shall be the approved school boundaries for elementary, middle and high schools, as annually adopted by the School Board. For the purposes of Public School  Concurrency , such CSAs shall be effective on the first day of the school year and end on the last day before the beginning of the next school year.

   125.21(E)   Student generation rates. The Broward County adopted student generation rate(s) contained in the Broward County Land Development Code shall be utilized to determine the potential student impact anticipated from the residential Development proposed in submitted applications.

   125.21(F)   Review procedure.

   125.21(F)(1)   Public School Impact Application (PSIA). Any Applicant submitting an application with a residential component, that is not exempt or vested, is subject to Public School  Concurrency and shall be required to submit a Public School Impact Application (PSIA) for review by the school district. Evidence of acceptance of the PSIA and payment of the applicable application fee to the school district shall be required prior to acceptance of the application by the City.

   125.21(F)(2)   School Capacity Availability Determination Letter (SCAD).

   125.21(F)(2)(a)   No residential application or amendments thereto shall be approved by the City , unless the residential Development is exempt or vested from the requirements of Public School   Concurrency , or until a School Capacity Availability Determination (SCAD) Letter has been received from the school district confirming that capacity is available, or if capacity is not available, that proportionate share mitigation has been accepted by the School Board. The SCAD Letter shall be sent to the Applicant , the Broward County Development Management Division if the application relates to a Plat , and the City , no later than 45 days after acceptance of the completed PSIA by the school district.

   125.21(F)(2)(b)   The school district shall determine the potential student impact from proposed residential Development on the applicable CSA by performing the review procedure specified in School Board Policy 1161, as amended.

   125.21(F)(2)(c)   If the school district determines that sufficient permanent capacity is available at the adopted LOS to accommodate students anticipated from the Development , the school district shall issue a SCAD Letter indicating that adequate school facilities exist to accommodate the student impact and that the proposed Development satisfies Public School   Concurrency requirements.

   125.21(F)(2)(d)   If the SCAD Letter states that the Development has not satisfied Public School Concurrency requirements, the SCAD Letter shall state the basis for such determination, and the Applicant shall have 30 days to propose proportionate share mitigation to the school district.

   125.21(F)(2)(e)   If the Applicant proposes proportionate share mitigation within the 30-day deadline, upon the subsequent acceptance of the proposed mitigation by the School Board, and upon the execution of a legally binding document among the School Board, the City and the Applicant , an amended SCAD Letter shall state that adequate capacity anticipated from the accepted proportionate share mitigation will be available to accommodate the student impact anticipated from the proposed Development and that the proposed Development satisfies Public School   Concurrency requirements. 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 provided in the Broward County Code of Ordinances. The school impact fee 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.

   125.21(F)(2)(f)   An Applicant adversely impacted by a SCAD determination may appeal such determination by written request to the School Board within the designated 30-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.

   125.21(F)(2)(g)   If an application or approval expires, the SCAD Letter will no longer be valid.

   125.21(G)   Term of Public School Concurrency .

   125.21(G)(1)   The Public School   Concurrency approval for a residential site plan shall be considered vested, unless the site plan approval expires as provided for within the City Code .

   125.21(G)(2)   The Public School   Concurrency approval for a Plat , replat, Plat note amendment or findings of adequacy shall be considered vested for up to five Years from the date of Broward County’s approval. Vesting of a residential application beyond the five Years requires that one of the following conditions are met within the five-Year period: 1) the issuance of a Building Permit for a Principal Building and first inspection approval; or 2) substantial completion of project water lines, Sewer lines and the rock base for internal roads. If the Development was denied, the school district shall deduct students associated with the Development from its database.

(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2012-12, passed 6-18-2012)

§ 125.22 IMPACT ON ENVIRONMENTALLY SENSITIVE LANDS AND ARCHAEOLOGICAL RESOURCES.

   125.22(A)   If a proposed Development includes all or any part of any lands identified as jurisdictional Wetlands as defined in §§ 62-340.100 through 62-340.550 of the Florida Administrative Code, the City shall require Development authorizations from all applicable external agencies regarding impacts of wetland habitat.

   125.22(B)   If the proposed Development Permit includes any Archaeological Site listed in the Florida Site File then an appropriate survey shall be required.

   125.22(B)(1)   Archaeological resources.

   125.22(B)(1)(a)   If a professional archaeological survey has not been conducted within those portions of the property subject to the Development Permit , a Reconnaissance Level Archaeological Survey shall be conducted and an archaeological summary report prepared by a professional archaeologist. The archaeologist shall be familiar with the kind and character of Archaeological Sites known or expected to be present in Broward County and shall meet the Professional Qualifications Standards established by federal regulation (see 36 C.F.R. pt. 61). The archaeological report submitted by the Applicant shall include a brief history of the area, the field survey methods, the results of the field survey and an assessment of any identified Archaeological Sites.

   125.22(B)(1)(b)   If the subject property contains a designated Archaeological Site , or an Archaeological Site identified pursuant to 125.22(B)(1)(a) above:

   125.22(B)(1)(b)1.   Permit approval shall include requirements for management of the Archaeological Site . It shall be the purpose of the management plan to provide for protection and preservation of the site to the extent feasible and to allow salvage Excavation only where other methods of preservation would not permit reasonable Development of the subject property. The proposed plan for management shall be reviewed by the City Manager after consultation with any other agencies deemed appropriate;

   125.22(B)(1)(b)2.   A note shall be placed on the face of the Plat or site plan identifying the site using the Florida Site File number and historical name, if any;

   125.22(B)(1)(b)3.   A note shall be placed on the face of the Plat or site plan referencing the management agreement;

   125.22(B)(1)(b)4.   The boundaries of the Archaeological Site shall be delineated on the face of the Plat or site plan; and

   125.22(B)(1)(b)5.   If preservation of the entire Archaeological Site is not feasible, only that portion of the site which cannot be preserved may be subject to an Archaeological Salvage Excavation operation as authorized through the State of Florida Division of Historical Resources and outlined in the Management Plan.

   125.22(B)(1)(b)6.   If, through the Site Assessment Survey , the archaeologist determines that the site would not be likely to yield important prehistorical or historical information, and this determination is accepted by the City Manager after consultation with any other agencies deemed appropriate, then, based on the findings of the Site Assessment Survey , the City Manager may waive compliance with subsections125.22(B)(1)(b)2., 125.22(B)(1)(b)3., 125.22(B)(1)(b)4. and 125.22(B)(1)(b)5. above, in whole or in part. However, the City Manager may require that a monitoring program be established for all State authorized Excavation activities within or in the immediate vicinity of the Archaeological Site .

   125.22(B)(1)(b)7.   If otherwise in compliance with the applicable standards and minimum requirements of this Code, the application for a Development Permit may be approved subject to the management agreement containing those conditions set forth in the management plan and which have been determined by the City Commission to be reasonably necessary to minimize disturbance of the Archaeological Site . The execution and recordation of the management agreement shall be a condition of the Development Order . Such an agreement shall also provide for recordation of releases upon satisfaction of the conditions, where applicable.

   125.22(B)(2)   Procedural requirements. For purposes of this section, the Applicant shall not have met the procedural requirements for the submittal of a complete application for a Development Permit, as determined by the City Manager, until the Applicant has submitted an archaeological report which contains all relevant information required by this section, as determined by the City Manager, to evaluate the archaeological significance of the site.

   125.22(C)   If a proposed Development includes all or any part of any lands designated by Broward County as a Natural Resource Area (NRA), Local Area of Particular Concern (LAPC), Upland Tree Resources (UTR), Environmentally Sensitive Lands (ESL) or Environmentally Sensitive Land that is also a Local Area of Particular Concern (ESL/LAPC), the City shall require Development authorizations from the Broward County Environmental Protection Department regarding potential impacts to these habitats.

(Ord. 2010-21, passed 10-4-2010)

§ 125.23 CONFORMITY TO THE CITY CERTIFIED LAND USE PLAN.

   The Development of land within the City shall conform to the Certified Land Use Plan .

(Ord. 2010-21, passed 10-4-2010)

PART 3: PLATS

§ 125.30 LAND REQUIRED TO BE PLATTED.

   125.30(A)   No application for a Building Permit for the Construction of a principal Building on a Parcel Of Land shall be granted unless a Plat including such Parcel Of Land has been approved by the City Commission and the Broward County Commission and recorded in the Official Records of Broward County subsequent to June 4, 1953, which commences with Plat Book 32, page 15, Official Records of Broward County, Florida.

   125.30(B)   The Construction of a Single-Family   Dwelling Unit or Duplex on a Lot or parcel which Lot or parcel was of record as such in the Official Records of Broward County as of March 1, 1989 shall not be required to be platted, provided that the Applicant has met all City requirements for obtaining Plat approval prior to the issuance of the Building Permit .

(Ord. 2010-21, passed 10-4-2010)

§ 125.31 BUILDING PERMITS PRIOR TO PLAT RECORDATION.

   125.31(A)   City Commission and Broward County Commission approval required. The City Commission may allow Building Permits to be issued for a Parcel Of Land for which Plat approval has been given by the City Commission and the Broward County Commission although the Plat has not yet been recorded, provided such authorization is granted in an agreement among the developer, the City, and Broward County. Such agreements shall be in a form acceptable to the City Attorney and shall at a minimum require compliance with the applicable provisions of Plat approval and prohibit the issuance of a Certificate Of Occupancy until the Plat is recorded. The City Commission shall be required to make a finding prior to the issuance of the Building Permit that facilities and services will be available at the adopted level of service concurrent with the impact of Development.

   125.31(B)   Essential governmental facilities. The City Commission may allow Building Permits to be issued for an essential governmental facility after final Plat application where the City Commission finds that immediate Construction of the governmental facility is essential to the health, safety, or welfare of the public and where the Commission determines that public facilities and service will be available at the adopted level of service concurrent with the impact of the Development of the governmental facility. Such authorization shall be granted by agreement between the City and Broward County and shall be in a form acceptable to the City Attorney. A Certificate Of Occupancy shall not be issued until the Plat is recorded.

(Ord. 2010-21, passed 10-4-2010)

§ 125.32 MANDATORY PLAT REVIEW.

   125.32(A)   Application. An application for Plat review shall be filed and processed pursuant to § 125.05(A) through (C).

   125.32(B)   Plat Drawing Requirements. An application for Plat review shall be accompanied by a Plat for Development, the overall size of which shall be 24 inches x 36 inches, drawn at a scale no smaller than one inch = 100 feet except when a smaller scale is approved by the City Manager and the Broward County Engineering Division, Plat Section, and which shows the following:

   125.32(B)(1)   The 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 Broward 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 or her successors in title.

   125.32(B)(2)   A Plat location sketch showing the Plat in relation to a nearby intersection of two Arterial, collector, or other well-established existing Roadways .

   125.32(B)(3)   North arrow, scale and date.

   125.32(B)(4)   Name of the Owner of the property or the Owner ’s authorized agent.

   125.32(B)(5)   Lots and blocks of adjacent recorded Plats , giving Plat book and page number along with names of such Plats .

   125.32(B)(6)   All existing Streets and alleys on or adjacent to the tract, including name and Right-Of-Way width.

   125.32(B)(7)   The legal description of the property being platted.

   125.32(B)(8)   All existing easements and Rights-Of-Way within the Plat limits with the purpose and the instrument of record labeled.

   125.32(B)(9)   Location and width of all proposed Ultimate Rights-Of-Way , alleys, easements; proposed Lot lines with dimensions, public areas, and parcels of land proposed or reserved for public Use .

   125.32(B)(10)   If the Development abuts a Trafficway , proposed points of access to the Trafficway .

   125.32(B)(11)   Access to a Public Right-Of-Way that will be utilized by the proposed Development .

   125.32(B)(12)   Space for signature of the Broward County Mayor.

   125.32(B)(13)   Space for signature of the Broward County Administrator.

   125.32(B)(14)   Space for Highway   Construction and Engineering Division Director’s signature and seal.

   125.32(B)(15)   Space for signature of the City Mayor and City Manager .

   125.32(B)(16)   Space for the Broward County Surveyor’s signature and seal, if applicable.

   125.32(B)(17)   Space for approval of Broward County Planning Council.

   125.32(B)(18)   Space for approval of Broward County Environmental Protection Department.

   125.32(B)(19)   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 or more land corners, or independent ties to a recorded subdivision, and one 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 Broward County Surveyor.

   125.32(B)(20)   Space for Plat book and page number outside the border in the upper right-hand corner of each page.

   125.32(B)(21)   Space for Plat file number, as assigned by the Broward County Development Management Division, outside the border in the lower right-hand corner of each page.

   125.32(B)(22)   Notes or legend, and any tabular data or other data pertinent to the Plat , on each page that contains the drawing.

   125.32(B)(23)   Executed dedication and acknowledgment language.

   125.32(B)(24)   Executed mortgagee approval and acknowledgment language.

   125.32(B)(25)   Adjacent Streets.

   125.32(B)(26)   All Plat dimensions shall be shown accurate to one-hundredth 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.

   125.32(B)(27)   Computation of the square footage of each Parcel Of Land and the acreage of the land proposed to be platted accurate to the nearest square foot. All survey and survey information shall be certified by a land surveyor licensed in the State of Florida.

   125.32(B)(28)   At least two benchmarks referenced to the National Geodetic Vertical Datum of 1929 or the Broward 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 Broward County Vertical Network unless the benchmark is certified by a surveyor licensed in the State of Florida and such certification is shown on the Plat . The benchmarks shall be of a permanent nature, easily accessible, located within, along or within 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.

   125.32(B)(29)   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 Broward 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 Chapter 21, § 21HH-6, Florida Administrative Code, adopted by the Florida Board of Land Surveyors, September 1, 1981.

   125.32(B)(30)   A mathematical closure of the Plat boundary shall not exceed three-hundredths of a foot.

   125.32(B)(31)   Copies of approved certified corner records shall be submitted to the Broward County Land Surveyor prior to Plat recordation, unless approved certified corner records are on file with the State of Florida Department of Natural Resources pursuant to F.S. Chapter 177, Part III.

   125.32(B)(32)   The Surveyor’s Certificate shall state conformity with:

   125.32(B)(32)(a)   F.S. Chapter 177.

   125.32(B)(32)(b)   National Geodetic Vertical Datum (NGVD) and National Ocean Survey Third Order Control Standards.

   125.32(B)(32)(c)   Applicable sections of Chapter 21, § HH-6, Florida Administrative Code.

   125.32(B)(33)   Space for approval of drainage district, special improvement district, or taxing district, as applicable.

   125.32(B)(34)   Such other information as required by the City .

   125.32(C)   Procedural requirements.

   125.32(C)(1)(a)   The agencies shall prepare comments and forward such staff report to the City Manager . A final development review report shall be issued at a regularly scheduled development review meeting.

   125.32(C)(1)(b)   Upon approval of the final Plat by the reviewing agencies and receipt of the Broward County Development Review Report, the final Plat will be scheduled for the next available City Commission meeting.

   125.32(C)(2)   Prior to recording the Plat an Applicant shall furnish the City with a digital file in a format compatible with the City ’s GIS/CAD system according to the following guidelines:

   125.32(C)(2)(a)   If the Plat is prepared utilizing a CAD/GIS or other automated system capable of exporting a “DXF” file, then the file submitted must contain all the line and text data utilized in the preparation of the final Plat document, as submitted and as amended; or

   125.32(C)(2)(b)   If the Plat is prepared by hand drafting but utilizes a coordinate geometry (COGO) computer program in the calculation of the parcel or parcels, then the file submitted must contain the coordinate values, point numbers, distance and direction of all lines, arcs, and radius points utilized in finalizing the Plat document for recordation, as submitted and as amended; or

   125.32(C)(2)(c)   If the Plat is prepared without the use of any of the above, then an affidavit to that effect must be submitted and signed by the surveyor of record whose name appears on the face of the Plat .

   125.32(C)(3)   Any Plat being submitted in the City 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 date of this ordinance the NAD 83 with the 1990 adjustment).

   125.32(D)   Depiction of non-contiguous parcels of land. A Plat may not depict or include non-contiguous parcels of land except in the following cases:

   125.32(D)(1)   Parcels may be separated by a Right-Of-Way for a Highway , road, railroad, or Utility .

   125.32(D)(2)   Parcels may be separated by a waterbody or watercourse which does not exceed 300 feet.

   125.32(E)   Single-Family subdivisions. No application for a Building Permit for the Construction of a Single-Family unit shall be granted unless a Plat including Lots has been approved by the City Commission. This provision shall not apply to those Single-Family units specified in § 125.30.

(Ord. 2010-21, passed 10-4-2010)