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125.34(A) Completion of required improvements. All improvements required from the developer as a condition to the approval of an application for a
, including but not limited to water,
, paving, drainage,
signs, fire hydrants, and connected
lighting, shall be installed and completed prior to the issuance of the first
for a principal
.
125.34(B) Water,
and drainage improvements. Any water,
or drainage improvements proposed or required to be constructed within the proposed road
shall be installed and completed before acceptance of any proposed or required road improvements by the appropriate agency.
125.34(C) Paved access. Prior to the issuance of the first
, the developer shall provide paved fire access to all existing and proposed vertical
within the site. Said paved access shall be approved by the .
(Ord. 2010-21, passed 10-4-2010)
125.35(A) When an application for a
is made for the
of
, as defined in § 1.01, the
may waive, upon a request therefor, dedications of land, payments of money in lieu thereof, if the
finds that the proposed project will provide
for
,
, and/or
as defined in § 1.01. Prior to consideration of any waiver request, the developer shall obtain certification from Broward County stating that the project qualifies as
at a specified income level.
125.35(B) The percentage of any waiver granted shall be as follows:
Very Low Income | 100% |
Low Income | 75% |
Moderate Income | 50% |
125.35(C) Any such waiver shall be only for that portion of the
that qualifies as
.
125.35(D) Upon such waiver, the
shall identify on the record the source of funds that will be used to pay for the services or facilities that would otherwise have been paid for by such dedications, payments, or fees.
125.35(E) Developers shall enter into an agreement with the
upon terms and conditions determined by the
to be necessary to reasonably ensure that
is constructed, that any waiver hereunder enhances the affordability of the housing, and that such units are rented or sold to
meeting the income limitations defined in § 1.01. The requirement for the agreement may be waived by the
if, in the opinion of the
, adequate alternate assurances exist.
(Ord. 2010-21, passed 10-4-2010)
PART 4: SITE PLANS
PROCEDURES
125.40(A) Generally. Review of a site plan is required prior to any of land in the .
125.40(B) Approval authority.
125.40(B)(1) Administrative review site plans. Site plans for the deposit and contouring of fill on land and the
of a
residential or
(s) shall be subject to approval by the .
125.40(B)(2)
review site plans. All other site plans shall be subject to approval by the .
(Ord. 2010-21, passed 10-4-2010)
125.41(A) Procedures. An application for site plan approval shall be filed and processed pursuant to § 125.05(A) through (C).
125.41(B) Submission requirements.
125.41(B)(1) Site plan. A site plan shall be not less than 24 inches by 36 inches, drawn at a scale not less than one inch = 50 feet. The Site Plan shall include the following:
125.41(B)(1)(a) A legal description, including the section, township, and range.
125.41(B)(1)(b) Clearly identified property and site boundaries, ties-to-section corners and adjacent properties (showing land
and zoning designations for each property).
125.41(B)(1)(c) Proposed land
(s).
125.41(B)(1)(d) Location and
of all
and
with dimensions to
lines, and designations of
.
125.41(B)(1)(e)
separations.
125.41(B)(1)(f) Circulation system for
, bicycles, and pedestrians, showing loading area(s), all parking, and connection to
.
125.41(B)(1)(g) All adjacent
, with indication of ultimate
line, center line, width, paving width, existing
cuts and intersections,
light
,
signals and other
facilities and easements. Location of all cross Streets and driveways within 350 feet of property limits.
125.41(B)(1)(h) Provider of water and
services.
125.41(B)(1)(i) Location of septic tank and drain field, if applicable.
125.41(B)(1)(j) Provider of stormwater services.
125.41(B)(1)(k) Existing and proposed fire hydrant locations.
125.41(B)(1)(l) The following computations:
125.41(B)(1)(l)1. Gross acreage.
125.41(B)(1)(l)2. Net acreage. Gross acreage covered by the property excluding road easements and
, if any.
125.41(B)(1)(l)3. Number of
units and density for residential
.
125.41(B)(1)(l)4. Square footage of ground covered by
or
and designation of
.
125.41(B)(1)(l)5. Required number of parking spaces for
and bicycles.
125.41(B)(1)(l)6. Number of parking spaces provided for
and bicycles.
125.41(B)(1)(l)7. Pervious and impervious surfaces, in square footage and percentage.
125.41(B)(1)(m) Site plan location sketch, including section, township, and range, showing the nearest public
.
125.41(B)(1)(n) Geometry of all paved areas including centerlines, elevations and dimensions for lengths, widths and radii.
125.41(B)(1)(o)
and
storage location(s) and paved access for collection vehicles.
125.41(B)(1)(p)
loading areas and paved access for vehicles of the required type, if applicable.
125.41(B)(1)(q) Areas for fire-rescue vehicles, and access for vehicles of the required type, if applicable.
125.41(B)(1)(r) Proposed street names and addresses, or a range of addresses, for any proposed
within the site plan, in conformity with
standards. Address assignment shall be based on a
the site faces or accesses. Driveways serving as access to a location that connect to
cannot be used for addressing purposes.
125.41(B)(1)(s) Other such information as required by the
.
125.41(B)(2) Additional submission requirements. In addition to the site plan, the following items shall be included:
125.41(B)(2)(a) Survey. A survey that is dated less than one year from the submittal of the site plan application and prepared by a Florida Professional Surveyor and Mapper, certified as to meeting the requirements of the applicable section of the Florida Administrative Code, reflecting existing natural features, such as topography, vegetation, existing paving, existing , and water bodies.
125.41(B)(2)(b)
plan and irrigation plan.
plan and irrigation plan with landscape calculations, existing with indication of existing
that will be preserved, as required herein.
125.41(B)(2)(c) Lighting plan. Lighting plan showing photometric measurements and spillage onto adjacent properties and
, if applicable.
125.41(B)(2)(d)
Plan.
plan, for all
that will be on-site.
125.41(B)(2)(e) Elevations.
125.41(B)(2)(e)1. For administrative review site plans, a minimum 24-inch by 36-inch rendition of the
elevations of all sides shall be submitted with the site plan. Any
and electrical switchgear that is to be located on exterior wall planes of a multi-family residential or commercial Building that is visible from any
, from pedestrian access ways, and from areas accessible to the general public shall be shown.
125.41(B)(2)(e)2. For
review site plans, a minimum 24-inch by 36-inch color rendition of the
elevations of all sides shall be submitted with the site plan. The rendition shall be placed upon an easel in the lobby of the place of the
meeting at least 30 minutes prior to the commencement of the
meeting where the site plan will be considered. In addition, 11-inch by 17-inch color renderings depicting the architectural design elements and theme for all sides of a
shall be submitted with the site plan. All sides of a
are required to possess similar architectural design elements and theme that is depicted on the primary side of the same
. Any
and electrical switchgear that is to be located on exterior wall planes of a multi-family residential or commercial
that is visible from any
, from pedestrian access ways, and from areas accessible to the general public shall be shown.
125.41(B)(2)(f) Pavement markings and
signing plan.
125.41(B)(2)(g) Schematic water and
plan including the location and size of all mains and lift stations (Final engineering plans must be submitted and approved).
125.41(B)(2)(h) Paving and drainage plan showing location of all drainage features, and
, if any.
125.41(B)(2)(i) Materials chart requirement for
review site plans:
125.41(B)(2)(i)1. All
for site plan approval, where applicable, shall create and present to the
, a materials chart, which shall consist of actual samples, indicating the color, type and the manufacturer’s name and identifying numbers of roofing materials, and the color, type and the manufacturer’s name and identifying numbers of paint, to be used in the project.
125.41(B)(2)(i)2. The
shall maintain the materials chart until the issuance of the Certificate of Completion or the
, and for such additional time as it may determine is necessary.
125.41(B)(2)(i)3. The
shall also provide the
with the information from the materials chart in written form, including the name of the manufacturer and the manufacture’s designation number for each item used on the materials chart. This sheet shall be attached to the site plan approval application and shall be incorporated as part of the application.
125.41(B)(2)(j) Applications submitted that utilize an existing approved site plan, or portion thereof, shall either include: a current “as built” or existing conditions survey delineating all
, parking spaces and easements of record; or the certification of a surveyor,
or architect, duly licensed by the
, that the existing conditions are identical with those shown on the submitted site plan.
125.41(B)(2)(k) Other such information as required by the
.
125.41(C) Review process for
review site plans.
125.41(C)(1) The reviewing disciplines shall review the site plan and prepare comments for inclusion in a development review report to be issued at a regularly scheduled development review meeting.
125.41(C)(2) The
shall discuss the development review report with the representatives of the reviewing disciplines and shall address all comments raised by the reviewing disciplines.
125.41(C)(3) Upon completion of the review of the site plan by the reviewing disciplines, the site plan shall be scheduled for the next available
meeting.
125.41(D) Site plan amendments. Any change to an approved site plan shall be considered an amendment. The
shall file an application for a site plan amendment with the . However, no application will be considered for property that is the subject of pending Code enforcement action by the or that has an unpaid Code enforcement lien unless the amendment to the site plan is necessary to cure the violation.
125.41(D)(1) Administrative review site plan amendments.
125.41(D)(1)(a) Any site plan amendment that meets all of the following criteria shall be considered an administrative review minor site plan amendment:
125.41(D)(1)(a)1. The amendment does not require modifications or deletion of any conditions of the original site plan approval or any approved amendments thereto.
125.41(D)(1)(a)2. The amendment does not rely on any shared parking analysis or cross parking agreement that has been performed or entered into more than five Years from the date of the site plan amendment application.
125.41(D)(1)(a)3. The amendment does not exceed 5% of the originally approved
.
125.41(D)(1)(a)4. The amendment does not result in any increase in the
of the
.
125.41(D)(1)(a)5. The amendment does not require a variance or special exception approval.
125.41(D)(1)(a)6. The amendment does not result in a change to any of the
elevations (except the addition of canvas awnings or the addition, deletion or modifications of windows or doors as long as the changes match the existing finishes).
125.41(D)(1)(a)7. The amendment does not change the location of any
on the property.
125.41(D)(1)(a)8. The amendment does not alter the location of any points of ingress or egress from the
.
125.41(D)(1)(b) Administrative review site plan amendments shall be reviewed by staff and may be approved by the
. An
may appeal the denial of a minor site plan amendment to the
by paying the cost recovery fee for a full site plan review.
125.41(D)(1)(c)
review site plan amendments. Any site plan amendment that does not meet the criteria for a administrative review site plan amendment shall be considered as a
review site plan amendment.
review site plan amendments shall be processed in the same manner as site plan applications.
125.41(E) Issuance of
.
125.41(E)(1) Site Plans and site plan amendments that require
approval. The adoption of a resolution by the shall be considered as the for site plans and site plan amendments that require Commission approval. Subsequent to the adoption of that Order, a site plan reflecting all conditions of site plan approval and referencing the resolution or order number must be submitted to the , which shall constitute the approved site plan. At that time, a final shall be stamped on the plans reflecting compliance with all conditions of site plan approval. Such stamp must be obtained within 180 days of adoption of the resolution approving the site plan. This time period may be extended for an additional 90 days upon approval of the . Notice for such an extension shall be the same as for the original site plan approval.
125.41(E)(2) Administrative review Site Plan. The approval of a administrative review site plan by the shall be considered the final
for that plan. A final
shall be stamped on the plans reflecting compliance with all conditions of site plan approval.
125.41(F) Effective period of site plan approval.
125.41(F)(1)
review Site Plan. An approved review site plan shall be effective until the is completed except that if, after one from the date the site plan is approved by the a
for a principal
has not been issued and remains in effect, the site plan shall be null and void. For the purpose of this section, a
for a principal
shall cease to be in effect once required inspections have lapsed or once a certificate of completion or
is issued. In those cases where a includes more than one principal
and it is contemplated that the shown on a site plan will not be completed with a
for a principal
continuously in effect, approval by the of a phasing schedule must be obtained as part of the overall site plan approval. There shall be no extensions to this time frame. In the event that a natural or man-made disaster, act of God, or other such occurrence where the has to suspend the issuance of
occurs during the one period to obtain a
for a principal structure, the may grant an extension of the expiration of the one- period by the number of business days that the has suspended the issuance of
plus up to 60 additional calendar days.
125.41(F)(2) Administrative Review Site Plan. An approved administrative review site plan shall be effective until the is completed except that if, after one from the date the site plan is approved by the a
for a has not been issued and remains in effect, the site plan shall be null and void. There shall be no extensions to this timeframe. In the event that a natural or man-made disaster, act of God, or other such occurrence where the has to suspend the issuance of
occurs during the one- period to obtain a
for a principal structure, the may grant an extension of the expiration of the one period by the number of business days that the has suspended the issuance of
plus up to 60 additional calendar days.
125.41(G) Conformity to recorded
. If a site plan depicts land previously recorded by
, the application for site plan approval or revised site plan approval shall conform to such
.
125.41(H) Conformity to zoning regulations. depicted in a site plan shall conform to all applicable zoning ordinances and regulations.
(Ord. 2010-21, passed 10-4-2010; Am. Ord. 2012-05, passed 3-19-2012; Am. Ord. 2012-13, passed 8-20-2012; Am. Ord. 2018-15, passed 11-19-2018)
An
that proposes a site plan that includes multiple
on a single property shall submit one of the following documents:
125.42(A) Unity of Title. A unity of title, approved for legal form and sufficiency by the
, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees or lessees and others presently or in the future having any interest in the property; or
125.42(B) Covenant in Lieu of Unity of Title. A declaration of restrictive covenants, approved for legal form and sufficiency by the
, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. To the extent applicable, the declaration shall contain the following necessary elements:
125.42(B)(1) The subject site will be developed in accordance with the approved site plan. No modification shall be submitted to the
for approval without the written consent of the then
(s) of the phase or portion of the property for which modification is sought.
125.42(B)(2) If the subject property will be developed in phases, that each phase will be developed in accordance with the approved site plan.
125.42(B)(3) In the event of multiple ownerships subsequent to site plan approval, that each of the subsequent
shall be bound by the terms, provisions and conditions of the declaration of restrictive covenants. The
shall further agree that he or she will not convey portions of the subject property to such other parties unless and until the
and such other party (parties) shall have executed and mutually delivered, in recordable form, an instrument to be known as an “easement and operating agreement” which shall contain, among other things:
125.42(B)(3)(a) Easements in the common area of each
for ingress to and egress from the other
;
125.42(B)(3)(b) Easements in the common area of each
for the passage and parking of
;
125.42(B)(3)(c) Easements in the common area of each
for the passage and accommodation of pedestrians;
125.42(B)(3)(d) Easements for access roads across the common area of each
to public and private roadways;
125.42(B)(3)(e) Easements for the installation,
, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such
;
125.42(B)(3)(f) Easements on each such
for construction of
and improvements in favor of each such other
;
125.42(B)(3)(g) Easements upon each such
in favor of each adjoining
for the installation,
, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations;
125.42(B)(3)(h) Easements on each
for attachment of
;
125.42(B)(3)(i) Easements on each
for
overhangs and other overhangs and projections encroaching upon such
from adjoining
for marquees, canopies, lights, lighting devices, awnings, wing walls and the like;
125.42(B)(3)(j) Appropriate reservation of rights to grant utility easements;
125.42(B)(3)(k) Appropriate reservation of rights to road
and curb cuts;
125.42(B)(3)(l) Easements in favor of each such
for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and
125.42(B)(3)(m) Appropriate agreements between the Owners of the several
as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like.
In addition, such easement and operating agreement shall contain such other provisions with respect to the operation, maintenance and development of the property as agreed to by the parties, to insure that even although the property may have several
, it will be constructed, conveyed, maintained and operated in accordance with the approved site plan. Non-use variances created solely by separate ownerships, pursuant to this section, shall be waived.
125.42(B)(4) Duration and Release. The declaration of restrictive covenants shall be in effect for a period of 30 years from the date the documents are recorded in the public records of Broward County, Florida, after which time they shall be extended automatically for successive periods of ten years unless released in writing by the and the
, acting for and on behalf of the
, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the property for the purposes herein intended.
125.42(B)(5) Enforcement. Enforcement of the declaration of restrictive covenants shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.
(Ord. 2015-07, passed 3-16-2015)
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