HomeMy WebLinkAboutO-2026-001 TX-037-25 Modify City Platting RequirementsORDINANCE 2026-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”; AT PART 6, ENTITLED “DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS”, ARTICLE 640, ENTITLED “PLATS”, TO MODIFY THE CITY’S PLATTING REQUIREMENTS TO BE
CONSISTENT WITH UPDATES IN STATE LAW DUE TO THE PASSAGE OF
“LAW OF FLORIDA 2025-164,” WHICH MODIFY FLORIDA STATUTES SECTION 177.01, ENTITLED “ADMINISTRATIVE APPROVAL OF PLATS BY BY DESIGNATED MUNICIPAL OFFICIAL”, WHICH UPDATES REQUIRE THE ELIMINATION OF THE PUBLIC HEARING, QUASI-
JUDICIAL PROCESS BY THE CITY COMMISSION TO APPROVE PLATS,
AND TO ESTABLISH THE “ADMINISTRATIVE AUTHORITY OF THE CITY TO BE THE CITY’S COMMUNITY DEVELOPMENT DIRECTOR, OR DEPUTY; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in Florida law, “plat” means a map or delineated representation of the
subdivision of lands, being a complete exact representation of the subdivision and other
information in compliance with the requirement of all applicable state requirements and of any
local ordinances; and
WHEREAS, platting is required whenever a developer wishes to subdivide a large piece
of property into smaller parcels and tracts, and these smaller areas become the residential lots,
streets and parks of a new residential subdivision; and
WHEREAS, state law establishes consistent minimum requirements for the establishment
of plats, and local governing bodies have the power to regulate and control the platting of lands;
and
WHEREAS, prior to approval by the appropriate governing body, the plat must be
reviewed for conformity with state and local law and sealed by a professional surveyor and mapper
who is either employed by or under contract to the local governing body; and
WHEREAS, before a plat is offered for recording with the clerk of the circuit court, it
must be approved by the appropriate governing body, and evidence of such approval must be
placed on the plat; and if not approved, the governing body must return the plat to the professional
surveyor and mapper or the legal entity offering the plat for recordation; and
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WHEREAS, Florida Senate Bill 784, Introduced by Senator Ingogliahe, was signed into
law by the Governor and became “Law of Florida 2025-164, which bill modifies chapter 177 of
the Florida statutes; and
WHEREAS, the new law requires local governments to review, process, and approve
plats or replat submittals without action or approval by the governing body through an
administrative authority and official designated by ordinance; and
WHEREAS, the administrative authority must be a department, division, or other agency
of the local government, and includes an administrative officer or employee which may be a county
or city administrator or manager, or assistant or deputy thereto, or other high-ranking county or
city department or division director with direct or indirect oversight responsibility for the local
government’s land development, housing, utilities, or public works programs; and
WHEREAS, under the new law the authority must provide written notice in response to a
submittal within seven days acknowledging receipt, identifying any missing documents or
information required, and providing information regarding the approval process including
requirements and timeframes; and
WHEREAS, unless the applicant requests an extension, the authority must approve,
approve with conditions, or deny the submittal within the timeframe identified in the initial written
notice. A denial must be accompanied by an explanation of why the submittal was denied,
specifically citing unmet requirements; and
WHEREAS, the authority or local government may not request or require an extension of
time; and
WHEREAS, as the City Code currently requires a public hearing, quasi-judicial process
held by the City Commission, this requirement needs to be modified to authorize an administrative
review process as now required under state law; and
WHEREAS, the City needs to modify the City’s Code to appoint an administrative
authority to regulate and review plats, and needs to comply with the shortened deadlines provided
for under state law; and
WHEREAS, the new law became effective July 1, 2025, and the City has modified its
Ordinances to be consistent with the new law.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The preceding “WHEREAS” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 28 entitled the “Land Development Code”; Part 3, “Special
Zoning Districts,”
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 6. DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS
* * *
ARTICLE 640. PLATS
Sec. 640-10. Applicability.
(1) No principal building may be constructed on any lot unless a plat or replat including the lot has been approved by both the city commission and county commission, administratively (for the City to receive, review, and process the plat or replat submittal, including designating an administrative official responsible for approving, approving with
conditions, or denying the proposed plat or replat), as required by Florida Statute
177.071and recorded in the official records of Broward County subsequent to June 4, 1953. The administrative authority for the City shall be the Director of Community Development, or her Deputy Director.
(2) This article will not apply to an application for a building permit which meets any of the
following criteria:
(A) Construction of two (2) or fewer residential dwelling units. Applications for two (2) or fewer residential dwelling units on property under the same ownership, within five hundred (500) feet of property exempted within the past twelve (12) months, shall not be exempt (note: this exception shall be superseded by the platting provisions of the
comprehensive plan until such time as the comprehensive plan is amended to provide for this exemption); or
(B) Construction of a multifamily or nonresidential principal building on a lot or parcel less than five (5) acres in size, which lot or parcel has been specifically delineated on a plat recorded on or before June 4, 1953, provided that any land within the lot or parcel which
is necessary to comply with the Broward County Trafficways Plan and the city's minimum road right-of-way criteria has been conveyed to the public by deed or grant of easement, as required by the city engineer; or
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(C) A building permit may be issued for a parcel of land for which a plat approval has been given by the Broward County Board of County Commissioners although the plat has not
yet been recorded, provided such authorization is granted in an agreement among the
developer, the city and the county. Such agreement shall at a minimum require compliance with the applicable provisions of plat approval and shall prohibit the issuance of a certificate of occupancy until the plat is recorded. The city and county shall be required to make a finding that facilities and services will be available at the adopted
level of service standards concurrent with the issuance of the building permit; or
(D) A building permit may be issued for an essential governmental facility after preliminary plat review where the Broward County Board of County Commissioners finds the immediate construction of the governmental facility is essential to the health, safety or welfare of the public and where the board of county commissioners determines that
public facilities and services will be available at the adopted level of service standards
concurrent with the impact of the development of the governmental facility. Such a finding shall be made by agreement with the city. A certificate of occupancy shall not be issued until the plat is recorded.
Sec. 640-20. Supplemental application requirements.
In addition to the general application requirements in article 605, the applicant shall provide
the following materials:
(A) The applicant shall submit proof of plat submittal to the Broward County Development Management Division for concurrent processing.
(B) The proposed plat, containing all of the data requirements in section 640-30, and in the
quantity specified on the application form.
(C) A conceptual access plan, drawn at a standard engineering scale no smaller than one (1) inch = one hundred (100) feet, except when a smaller scale is approved by the community development director. The conceptual access plan shall include:
(1) The location of the centerline, with dimensions from known land ties, such as
section lines or centerlines of right-of-way, of all proposed access locations on all
public rights-of-way abutting the plat.
(2) The number and direction of lanes proposed for each driveway or roadway access location.
(3) The proposed minimum distance from the ultimate right-of-way line from the
adjacent roadway to the outer edge of any interior service drive or parking space
with direct access to the driveway in the access location.
(4) The proposed minimum distance from the ultimate right-of-way line from the adjacent roadway to any proposed gate location.
(D) A current survey (no older than six (6) months) which shows the following:
(1) The location of all existing structures, paved areas and easements on the property.
(2) Existing roadway details adjacent to the property including rights-of-way, pavement widths, sidewalks, driveways (curb cuts), curb and gutter, turn lanes, bus
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bay, medians, median openings, traffic signals and signal equipment, street lights, pull boxes, utility poles and utility equipment, drainage structures, and fire
hydrants.
(E) An application for plat approval which abuts a trafficway which is functionally classified as a state road and which proposes direct vehicle access to the state road, shall also be accompanied by a valid preapplication approval letter from the Florida Department of Transportation issued pursuant to the "state highway system access management
classification system and standards," as amended.
(F) Master sheet required. Where a plat proposes development in phases, or where the graphical portion of plat covers multiple sheets, a master plat sheet shall be submitted covering all proposed phases/land area.
(G) Location of off-site water and sewer lines, proposed connection location, and route the
lines will take.
(H) Improvements plan. Any proposed improvements to be constructed in connection with the plat shall be described in an improvements plan as set forth in section 640-90.
(I) Tax receipts. All plat submittals shall include tax receipts for all parcels included in the subdivision together with a notarized statement that no lien or liens are imposed on
properties included in the plat.
(J) Deed restrictions. Any existing or proposed deed restrictions for properties included in the plat must accompany the plat application.
Sec. 640-30. Plat drawing and data requirements.
(A) The plat drawing shall be printed on twenty-four-inch × thirty-six-inch paper.
(B) The plat shall be drawn at a standard engineering scale no smaller than one (1) inch = one
hundred (100) feet except when a smaller scale is approved by the Broward County Highway Construction and Engineering Division, Plat Section.
(C) The plat shall contain the following:
(1) 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 successors in title.
(2) A plat location sketch showing the plat in relation to a nearby intersection of two (2)
arterial, collector or other well-established existing roadways.
(3) North arrow, scale and date.
(4) Lots and blocks of adjacent recorded plats, giving plat book and page number along with names of such plats.
(5) All existing streets and alleys on or adjacent to the tract, including name and right-of-
way width.
(6) The legal description of the property being platted.
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(7) All existing easements and rights-of-way within the plat limits with the purpose and the instrument of record labeled.
(8) 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.
(9) A signature block for the mayor, and community development department, providing spaces for the date of approval, signature, attestation by the city clerk adjacent to the
mayor's signature block, and a space for the city seal to be set upon the plat linen.
Language preceding the mayor's signature on the plat drawing shall state that the city agrees not to issue building permits for the construction, expansion, or conversion of a building within the plat until such time as the developer provides the city with written confirmation from Broward County that all applicable impact fees have been paid or are
not due.
(10) The land 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 (2) or more land corners, or independent ties to a recorded subdivision, and one (1) 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 County Surveyor.
(11) Notes or legend, and any tabular data or other data pertinent to the plat, on each page
that contains the drawing.
(12) Dedication and acknowledgment language.
(13) Mortgagee approval and acknowledgment language.
(14) All plat dimensions shall be shown accurate to one-hundredths 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.
(15) 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 professional surveyor and mapper licensed in the State
of Florida.
(16) The Surveyor's Certificate shall state conformity with:
(a) F.S. ch. 177.
(b) National Geodetic Vertical Datum (NGVD) and National Ocean Survey Third
Order Control Standards.
(c) Applicable sections of Chapter 21 HH-6, Florida Administrative Code.
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Sec. 640-40. Plat processing.
(A) Any person seeking plat approval must submit the appropriate application, copies, and fee to
the community development department.
(B) The community development director, as the administrative authority of the City, shall coordinate staff review of the plat, pursuant to the DRC procedures identified in Section 715-60, and issuance of review findings to the applicant. When the community development director determines that the plat application satisfies all requirements of this article, the
director shall schedule the plat for the next available city commission meeting.
(C) Public notice shall be made in accordance with article 610.
(D) The city commission shall review the plat for final disposition and approval of street names for all new streets within the plat.
(E) Plat applications are matters that are quasi-judicial in nature as defined by section 2-1.3,
Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall
utilize the quasi-judicial hearing procedures set forth in the code. The petitioner shall bear the burden of providing competent substantial evidence that the plat should be granted.
(F) Approval to be granted via resolution.
(C) Within seven (7) business days after receipt of a plat or replat submittal, the
administrative authority shall provide written notice to the applicant acknowledging receipt of the plat or replat submittal and identifying any missing documents or information necessary to process the plat or replat submittal for compliance with section 177.091, Florida Statutes. The written notice must also provide information regarding the plat or replat approval process, including requirements regarding the completeness
of the process and applicable timeframes for reviewing, approving, and otherwise processing the plat or replat submittal.
(D) Unless the applicant requests an extension of time, the administrative authority shall approve, approve with conditions, or deny the plat or replat submittal within the timeframe identified in the written notice provided to the applicant under subsection (C).
If the administrative authority does not approve the plat or replat, he or she must notify the applicant in writing of the reasons for declining to approve the submittal. The written notice must identify all areas of noncompliance and include specific citations to each requirement the plat or replat submittal fails to meet. The administrative authority, or an official, an employee, an agent, or a designee of the governing body of the City, may not
request or require the applicant to file a written extension of time.
(E)(1) Before a plat or replat is offered for recording, it must be administratively approved as required by this article, consistent with the requirements of S. 177.094, Florida Statutes by the appropriate governing body, and evidence of such approval must be placed on the plat or replat. If not approved, the governing body must return the plat or replat to the
professional surveyor and mapper or the legal entity offering the plat or replat for recordation. For the purposes of this part:
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(a) When the plat or replat to be submitted for approval is located wholly within the boundaries of a municipality, the governing body of the municipality has
exclusive jurisdiction to approve the plat or replat.
(b) When a plat or replat lies wholly within the unincorporated areas of a county, the governing body of the county has exclusive jurisdiction to approve the plat or replat.
(c) When a plat or replat lies within the boundaries of more than one county,
municipality, or both governing body, two plats or replats must be prepared and
each county or municipality governing body has exclusive jurisdiction to approve the plat or replat within its boundaries, unless each county or municipality with jurisdiction over the plat or replat agrees the governing bodies having said jurisdiction agree that one plat is mutually acceptable.
(F) Any provision in a county charter, or in an ordinance of any charter county or consolidated government chartered under s. 6(e), Art. VIII of the State Constitution, which provision is inconsistent with anything contained in this section shall prevail in such charter county or consolidated government to the extent of any such inconsistency.
Sec. 640-50. Plat review criteria; city commission action. Reserved.
(A) Every plat shall comply with all requirements of this code. The city commission may approve, approve with conditions, or deny a plat application by resolution, based upon its findings relative to the review criteria.
Sec. 640-60. Effect of approval. Reserved
City commission plat approval signifies that the plat satisfies all city requirements for plats, and that the city accepts any right-of-way and easement dedications shown on the plat. The plat does not become effective until it is recorded after approval by the county commission. City commission plat approval does not authorize construction, but is a prerequisite to a site plan approval becoming effective, and to issuance of building permits.
Sec. 640-70. Amendment of plat. Reserved.
(A) Subsequent to city commission approval of a plat, the plat may be amended by the city commission, except for the following amendments that may be approved administratively.
(1) Adjustment of lot boundaries within the approved limits of the plat, provided the overall lot pattern and location of streets does not change.
(2) Increases of up to fifteen (15) percent of the proposed number of square feet of use listed in the restrictive note on a plat.
(3) Increases in excess of fifteen (15) percent of the proposed number of square feet of use listed in the restrictive note on a plat, if there is a corresponding reduction (in terms of
9 ORDINANCE #2026-001
trip generation) in the number of square feet proposed for another nonresidential use within the plat.
(4) Redistribution of dwelling units or nonresidential building area within a plat that consists
of multiple parcels.
(5) Amendment of the nonvehicular access line location or length.
(B) The application submittal requirements for administrative approval of a plat amendment shall include the general application requirements of article 605, and any supplemental materials
required on the city application form.
(C) The director may require city commission approval of any plat amendment for which administrative approval is authorized.
Sec. 640-80. Plat expiration.
Plat expiration shall be governed by the plat expiration provisions of the Broward County
Land Development Code. City plat approval shall be deemed to have expired when the plat has
expired under the Broward County Land Development Code.
Sec. 640-90. Improvement plans.
(A) Contents of an improvements plan. The improvements plan associated with a plat application shall include information on the type and material of proposed improvements and the cost and schedule to construct said improvements. Part 4 of this code establishes the improvements
and facilities that are required when subdividing and developing.
(B) Modification of improvements plan. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the city engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the city's engineer may, upon approval of the administrative
authority by the city manager, require modifications provided these modifications are within the spirit and intent of the city commission's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the city. The city engineer shall issue any authorization under this section in writing, sending a copy to the administrative authority community development director.
(C) Guarantee of improvements. Prior to city commission approval, t The developer shall post a surety bond or other acceptable security pursuant to the requirements of article 420, "Approval, Guarantee and Construction of Off-Site Improvements". The city administrative authority shall also have the discretion of conditioning the construction of the improvements upon issuance of a building permit or certificate of occupancy.
* * *
Section 3. If any section, clause, sentence, or phrase of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this Ordinance.
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Section 4. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 5. It is the intention of the Mayor and City Commission of the City of Dania
Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed
to “section,” “article,” or other appropriate word.
Section 6. That this ordinance be codified in the City’s code of ordinances, Land
Development Code by Municode.
Section 7. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on December 09, 2025.
PASSED AND ADOPTED on second reading on January 13,2025. First Reading: Motion by: Commissioner Rimoli
Second by: Commissioner Lewellen
Second Reading: Motion by: Commissioner Lewellen
Second by: Commissioner Rimoli
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
SIGNATURES ON THE FOLLOWING PAGE
11 ORDINANCE #2026-001
ATTEST:
____ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY