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HomeMy WebLinkAbout2026-009-498_-_Administrative_Approval_of_Plat_-_Adopted_-_PdfORDINANCE NO. 2026-009-498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 34 ARTICLE VII OF THE CODE OF ORDINANCES SECTION 34- 209 PLATS; SECTION 34-210 ADMINISTRATIVE PROHIBITION OF ACTION ON OR APPROVAL OF TENTATIVE PLATS AND WAIVERS OF PLATS, VESTED RIGHTS PROCEDURE; 34-214 SECTION RIGHTS; VESTED 34-211 SECTION PROCEDURE FOR PLATTING; SECTION 34-215 FINAL PLAT; SECTION 34-216 BUILDING PERMITS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens adopted its own Land Development Regulations (LDR) in 2010 to foster development and maintain stable neighborhoods, and WHEREAS, the Florida legislature has passed Senate Bill (“SB”) 784 requiring 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, SB 784 eliminates the requirement for City Council public hearings to approve plats and replats and shifts the responsibility of the approval process to designated administrative staff with the intent of reducing delays, eliminating redundant hearings and providing clear timelines for applicants, and WHEREAS, City Staff recommends that the City Council amend Chapter 34 of the Code of Ordinances as outlined in Exhibit “A” attached hereto, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Chapter 34 of the City of Miami Gardens Code of Ordinances is hereby amended as outlined in in Exhibit “A” attached hereto. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Page 1 of 14 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 7.EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 27th DAY OF MAY, 2026. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 24, 2026. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Vice Mayor Stephens Seconded by: Councilwoman Baskin VOTE: 5-0 Mayor Harris Yes Page 2 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Vice Mayor Stephens, III Yes Councilwoman Baskin Yes Councilman Leon Yes Councilwoman Powell Yes Councilwoman Julien Absent Page 3 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 EXHIBIT A  Land Development Code Amendments Page 4 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Subpart B - LAND DEVELOPMENT CODE Chapter 34 - ZONING AND LAND DEVELOPMENT ARTICLE VII. PLATS, SUBDIVISIONS, EXCAVATIONS, ADDRESS ASSIGNMENT Miami Gardens, Florida, Code of Ordinances Created: 2025-10-01 16:32:37 [EST] (Supp. No. 18) Page 1 of 10 ARTICLE VII. PLATS, SUBDIVISIONS, EXCAVATIONS, ADDRESS ASSIGNMENT Sec. 34-209. Plats. (a) Purpose and intent. This article is intended to aid in the coordination of land development in the community in accordance with orderly physical patterns and to implement the master plan, or parts, thereof, and such zoning regulations and other measures in furtherance of such master plan as may have been or may hereafter be adopted. The public health, safety, comfort, and welfare requires the harmonious, orderly, and progressive development of land within the city. It is the further intent of this article to secure: (1) The establishment of standards of subdivision design which will encourage the development of sound and economically stable communities, and the creation of healthy living environments. (2) The efficient, adequate and economic supply of utilities and services to land developments. (3) The prevention of traffic hazards and the provisions of safe and convenient vehicular and pedestrian traffic circulation in land developments. (4) The provision of public open spaces in land developments for recreational and educational purposes. (b) Applicability. (1) No person, firm, corporation or any other association, shall create a subdivision of a tract of land anywhere in the city except in conformity with this chapter. (2) No tentative or final plat containing any restriction of any nature based on race, ethnicity, national origin, religion, sexual orientation or gender shall be submitted by a subdivider or presented to the plat division of the appropriate authority or the governing body for approval. (c) Plats and platting, recording; exceptions. Whenever land is subdivided a plat must be recorded, except that the recording of a plat will not be required if: (1) The subdivision involved consists only of the dedication of a road, highway, street, alley or easement, and due to unusual conditions and circumstances, the administrative official finds that it is not necessary that a plat be recorded. In lieu of the recording of a plat, the dedication may be required by deed, and may be subject to compliance with such conditions the administrative official deems appropriate under the particular circumstances, such as improvements of sidewalks, streets, or drainage facilities and the acceptance of the dedication by the governing body, with platting and waiver decisions made administratively by the administrative official. Posting of bond or other surety acceptable to the city may be required. (2) The land to be subdivided is to be divided into no more than six lots, and because of: a. Unusual conditions created by ownership or development of adjacent lands; b. The isolation or remoteness of the land concerned in relation to other platted or improved lands; or c. Improvements and dedications existing on the land substantially in accordance with the requirements of this chapter, the administrative official determines that waiving the requirement for platting would not conflict with the purpose and intent of this article. Page 5 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 2 of 10 In lieu of platting, the administrative official may require any dedications, reservations, or improvements required in connection with platting under this article, including the posting of a performance and maintenance bond, as may be necessary to carry out the intent and purpose of this chapter. (3) The administrative official determines that resubdivision of land heretofore platted is of such unusual size or shape, or is surrounded by such development or unusual conditions to justify the waiving of the requirement for recording a plat. In lieu of the recording of a plat, such conditions may be imposed as may be deemed necessary and appropriate to preserve the public interest. (4) A parcel of land conveyed by a recorded warranty deed that is dated prior to January 1, 1958, the effective date of the county Code provisions in effect prior to the adoption of these regulations; provided, however, that the parcel may be diminished in size as a result of a public dedication of any portion of that parcel. (d) Procedure for waiver of plat. (1) To determine if the waiving of the requirement for platting would not conflict with the purpose and intent of this article, and the exceptions contained in subsection (c) of this section are applicable, a waiver of plat survey shall be submitted by the property owner. (2) A waiver of plat application shall be submitted, signed by the owner and notarized on the form prescribed by the administrative official. (3) The waiver of plat survey shall be prepared by a professional surveyor and mapper licensed in the state, and shall bear the embossed seal of the surveyor and mapper. (4) The application for waiver of plat survey shall include the following items, unless waived by the administrative official: a. Legal description of the parent tract. b. Legal description of each lot to be created. c. Location of property lines, existing easements, buildings, watercourses and other essential features. d. The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to be subdivided. e. Location, names and present widths of existing and proposed streets, highways, easements, building lines, alleys, parks and other open public spaces and similar facts regarding property immediately adjacent. f. Date of field survey, north point and graphic scale. g. The width and location of all streets or other public ways proposed by the developer. h. The proposed lot lines with dimensions. i. Existing ground elevations of the property and extending not less than 25 feet beyond the boundaries of property. j. Existing easements or restrictions shown on underlying plat shall be shown. k. The location of all buildings, swimming pools, slabs, fences and other permanent structures on the adjacent properties that would be nonconforming with the creation of this division of land. (5) The property owner shall pay such fees as may be prescribed for checking the waiver of plat and investigating such matters concerning it as may be required. Page 6 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 3 of 10 (Ord. No. 2010-10-218, § 2(7-10), 4-7-2010) Sec. 34-210. Administrative prohibition of action on or approval of tentative plats and waivers of plats; vested rights procedure. (a) Whenever any zoning hearing for a district boundary change within the city is initiated by the city, the administrative official may order that no tentative plat or waiver of plat, pertaining to any or all property involved in the application, shall be acted upon or approved until the hearing upon said application has been finally concluded in accordance with the provisions of this chapter. No such order shall issue unless the administrative official first determines that the processing and approval of tentative plats and waiver of plats would create a risk of land use contrary to the zoning which is most appropriate for the area. Said order shall not prevent processing and approval of a tentative plat or waiver of plat which would be permissible if the zoning application were to be granted. (b) Should the administrative official issue an order pursuant to this section, administrative personnel shall schedule the zoning application for the first public hearing date after appropriate legal notice. The administrative official's order shall expire upon final action upon the zoning application. If the application for zoning change is not decided at the hearing for which it is first scheduled, the zoning appeals board shall at said time decide whether the administrative official order shall remain in effect, and the Board shall review the continued effectiveness of the order at any subsequent hearing to which the application is deferred and not decided. the administrative official shall determine whether the order shall remain in effect, and shall review the continued effectiveness of the order during the zoning application approval process. (Ord. No. 2010-10-218, § 2(7-20), 4-7-2010) Sec. 34-211. Vested rights. (a) Any property owner claiming a vested right to obtain action upon or approval of a tentative plat or waiver of plat contrary to this section may submit an application for a vested rights determination in accordance to section 34-62. (b) The application shall have attached an affidavit setting forth the facts upon which the applicant bases his/her claim for vested rights. The applicant shall also attach copies of any contracts, letters and other documents upon which a claim of vested rights is based. The mere existence of zoning shall not vest rights. (c) The city, in addition to all review criteria set forth in section 34-62, shall review the application and determine whether the applicant has demonstrated an act of development approval by an agency of Metropolitan Miami-Dade County or the City of Miami Gardens upon which the applicant has in good faith relied to his detriment, such that it would be highly inequitable to deny the landowner the right to obtain action on or approval of a tentative plat. (d) Any appeal of the city's determination shall be made following the procedures outlined in section 34-46. (e) The provisions of this section shall not prohibit the zoning appeals board from considering the issue of vested rights on appeal from a determination made pursuant to this section and in accordance with the procedures set forth in section 34-46, during any hearing in which such decision is properly before the board. during other hearings where such rights are in issue, provided that a decision upon a claim of such rights shall be a final determination thereof and further administrative hearings thereon shall be neither required nor permitted. (Ord. No. 2010-10-218, § 2(7-30), 4-7-2010) Page 7 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 4 of 10 Sec. 34-214. Procedure for platting. (a) Preliminary conference. The subdivider or his/her engineer, or professional surveyor and mapper, prior to the preparation of the tentative plat, may informally seek the advice of the administrative official in order that to become familiar with the subdivision requirements and with the provisions of the master plan affecting the territory in which the proposed subdivision is located. (b) Tentative plat. The tentative plat shall show on a map all of the facts and data required by the various departments to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest. (1) Required information. The following information shall be part of the tentative plat unless waived by the administrative official. a. Proposed subdivision name and identifying title and the name of the city and the section, township and range. b. Location of property lines, existing easements, buildings, watercourses, elevations, permits and other essential features. c. The names of all subdivisions immediately adjacent. d. The location of any existing sewers and water mains, or any underground or overhead utilities, culverts and drains on the property to be subdivided. e. Location, names and present widths of existing and proposed streets, highways, alleys, parks and other open public spaces and similar facts regarding property immediately adjacent. f. The width and location of any street or other public ways or places shown upon the official map or the master plan, within the area to be subdivided, and the width and locations of all streets or other public ways proposed by the developer. g. Date of field survey, north point and graphic scale. h. Legal description and plan of proposed layout made and certified by a professional surveyor and mapper licensed in the state. i. The proposed lot lines with approximate dimensions and in the case of odd or irregularly shaped lots, suggested location of building setback lines. j. Where the tentative plat submitted covers only a part of the subdivider's entire holding, a master tentative plat of the prospective future street system of the unsubdivided part will be required, and the street system of the unsubmitted part will be considered in the light of adjustments and connection with the street system of the plat submitted. k. A plat application signed by the owner and notarized on the form prescribed by the plat division of the appropriate authority. l. The numbering of all lots, blocks and the lettering of all tracts shall be shown on the tentative plat. All lots or tracts shall be numbered or lettered progressively. All blocks shall be progressively numbered except that blocks in numbered additions bearing the same name shall be numbered consecutively throughout the several additions. m. A location map at the scale of one inch equals 300 feet showing existing and proposed rights-of- way. (2) Additional requested information. The following information shall be submitted in addition to the tentative plat if requested by the administrative official. Page 8 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 5 of 10 a. The names of owners of record of immediately adjacent property. b. Any changes in the use, height, area, zoning districts or other regulations applicable to the area to be subdivided, and any boundaries of such districts, affecting the tracts; all parcels of land proposed to be dedicated to public use and the conditions of such dedications. c. Typical cross-section of the proposed grading and roadways or sidewalks and topographic conditions. d. Location of closest available subdivision or public water supply system. e. Location of closest available subdivision or public sewage disposal system. f. Provisions for collecting and discharging surface drainage. g. Preliminary designs of any bridges or culverts which may be required. h. A boundary survey. i. If required by these regulations or if proposed by the subdivider, the proposed location of any type of sidewalks, street lighting standards and species of street trees, the location of curbs, gutters, water mains, sanitary sewers and storm drains and the sizes and types thereof, the character, width and depth of pavement and sub-base, and the location of manholes and basins and underground conduits. j. The boundaries of proposed permanent utility easements over or under private property. Such easements shall provide satisfactory access to an existing public highway or other public open space shown upon the layout. Permanent drainage easements shall also be shown. k. All dimensions affecting public rights-of-way and proposed dedication of the public rights-of-way shall be established by a professional surveyor and mapper licensed in the state and shown on the grading and drainage plan accompanying approved and valid tentative plats when said plan is submitted for approval, with the same degree of accuracy as, and identical to, the corresponding dimensions shown on the final plat. l. A copy of owners' deed or a current opinion of title from any attorney authorized to practice law in the state. (3) Filing copies of tentative plat and plat application. The subdivider shall file such copies as may be required by the administrative official, together with the plat application. (4) Checking and investigating. The subdivider shall pay such fees as may be prescribed by the city and city's professional surveyor and mapper of record for checking the tentative plat and investigating such matters concerning it as may be required by law and this article. (5) Approval of tentative plat. Upon review by city for compliance with Florida Statutes, and this chapter, the administrative official shall issue a letter indicating tentative approval and any conditions the tentative plat shall be subject to, and shall confer upon the subdivider the right for a nine month period from the date of approval that the terms and conditions under which the tentative approval was granted will not be changed if the final plat is in accordance with the tentative approval. (6) Appeal of the city's administrative plat decision. Decisions of the administrative official may be appealed within 14 days to the zoning appeals board as an appeal of an administrative determination as set forth in section 34-46. The 14-day appeal period provided herein shall commence on the day after notification that the city has taken action on the particular matter, such notification to be given by the city through the posting of a short, concise statement of the action taken on a conspicuous bulletin board that may be seen by the public at reasonable times and hours in the office of the Page 9 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 6 of 10 planning and zoning department. Where the 14th day falls on a weekend or legal holiday the appeal period shall be deemed to extend through the next business day. (Ord. No. 2010-10-218, § 2(7-60), 4-7-2010) Sec. 34-215. Final plat. (a) Conformity to tentative plat. The final plat shall incorporate all changes or modifications as required to make the tentative plat conform to the requirements of this chapter. Otherwise, it shall conform to the tentative plat, and it may constitute only that portion of the approved tentative plat which the subdivider proposed to record and develop at the time, provided that such portion conforms with all requirements of this chapter and meets with the approval of the various departments concerned. (b) Preparation. The final plat shall be prepared by a professional surveyor and mapper licensed in the state. The final plat shall be clearly and legibly drawn, to a sheet size of 30 inches by 36 inches and to a scale of sufficient size to be legible, with letters and numbers to be no smaller than one-eighth of an inch in height. 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 the subdivision. The plat shall have a title or name. The title of the plat shall identify the location of the plat as being within the city, and the applicable section, township and range. The administrative official shall disapprove any name or title upon a finding that it is sufficiently similar to the name of any previously approved plat in the city which may cause confusion as to 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 a location sketch showing the plat's location in reference to the closest centers of each section embraced within the plat. 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 be a resubdivision of the whole of a previously recorded plat, the fact shall be so stated. Vacation of previously platted lands must be accomplished in the manner provided by law. (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) Section lines or other boundaries accurately tied to the lines of the subdivision by distance and bearing, as provided by state law. (8) Accurate location of all monuments. (9) Length of all arcs, radii, internal angles, points of curvature and tangent bearings. (10) Where 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. (11) The name or numbering and right-of-way width of each street or other right-of-way shown on plat. Page 10 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 7 of 10 (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) Plat restrictions to restrict type and use of water supply; type and use of sanitary facilities; use and benefits of water areas and other open spaces and odd-shaped and substandard parcels; resubdivision of parcels as "platted," and restrictions of similar nature. (14) 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 of some practical use or service. (15) The dimensions of all lots and angles or bearings. (16) Minimum building setback lines. (17) Location, dimension and purpose of any easements. (18) Certification by a professional surveyor and mapper licensed to practice in the state as to the accuracy of the monuments shown thereon, and their location. (19) An acknowledgment by the owner of the land being platted, and a dedication statement identifying the dedication of streets and other public areas and the designated purposes therefore, and the consent of any mortgage holders to such adoption and dedication. If existing right-of-way is to be closed, the purpose of closing must be stated on the plat. (20) The signature and seal of the city. Where property is being replatted, the signatures of the city council shall be affixed or denied pursuant to the procedures established in F.S. § 177.101 (1971), unless the vacation of prior plats has previously been validly accomplished. (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 the same restrictions controlling building lines, establishment and maintenance of buffer strips and walls, and restrictions of similar nature. (2) The face of the plat (or certification from a professional surveyor and mapper licensed in the state, on a separate sheet, not to be recorded in the public records) shall show the Florida State Plane Coordinates (current readjustment) of at least two of the permanent reference monuments shown on the plat. This requirement may be waived by the administrative official if: a. Any portion of the land encompassed by the plat is more than one mile from the nearest station shown on the list on file in the county public works department's survey office, as updated; or b. All stations within one mile of the plat have been lost. A copy of the certified corner record (as defined in F.S. 177.503 (1993)), for the corners used shall be provided with the final plat. (3) Current opinion of title from any attorney authorized to practice law in the state. (4) 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. (5) Clerk's fees for recording the plat. (6) The city shall be submitted a statement to the county's plat division certifying that all required improvements within the public right-of-way have been completed or that the city is holding sufficient bond or other surety for the completion of the improvements. The certification shall also state that the plat appears to conform to all of the requirements of the county's platting regulations. Failure of the Page 11 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 8 of 10 county to act on said plats within 45 days of the acknowledged receipt of the plat shall be deemed an approval of the plat. (7) No plat shall be recorded in the clerk's office until the plat is signed by the director of the county department of public works, certifying that the plat appears to conform to all of the requirements of this chapter. A certification of the director of the county department of public works need not appear if the administrative official submits an affidavit to the clerk stating that the county has not acted on said plat within 45 days of the acknowledged receipt of the subject plat. (e) Final approval; rejection, for plats. Approval of plats by the city shall not be final until adopted by resolution of the zoning appeals board. Final approval of plats shall be an administrative decision of the designated administrative official in accordance with this chapter. A plat shall not be denied if the plat complies with this chapter. After approval has been given as provided in this article, the administrative official shall inform the subdivider, or agent, as the case may be, that the plat has been given final approval and is ready for recording. In the event the plat has been rejected, the administrative official will so notify the subdivider or agent in writing with all reasons for such rejection. (f) Fees for plats. The city shall charge and collect fees for subdivision platting at the rates established by city council. (Ord. No. 2010-10-218, § 2(7-70), 4-7-2010) Sec. 34-216. Building permits. (a) Building permits, issuance. No building permit shall be issued for construction of any improvements on a parcel that was not legally created in compliance with these regulations, except that permits may be issued for a construction trailer or sale office trailer, single-family homes and townhouses to be used as models, entrance features, perimeter walls, lift stations and commercial and industrial buildings, provided that the developer complies with the following requirements. (1) For construction trailer or trailer used as sales office. No permits will be approved until at least a tentative plat has been approved and the county plat committee and the city's public works department have reviewed and permitted paving and drainage plans. In addition, no permit shall be issued unless the trailer complies with the department of environmental resources management's requirements for providing potable water and sanitary facilities. (2) For permanent buildings to be used as single-family or townhouse models. Permits for models will be approved when: a. The tentative plat has been approved by the county plat committee and is current. b. Paving and drainage plans have been approved by the city's public works department. c. All the department of environmental resources management's requirements, including the approval of water and sewer extension plans are complied with. d. A letter signed by the property owner has been submitted to the city's planning and zoning department, requesting the construction of models prior to final plat recording. The letter shall include the number of models being requested (only one of each model will be allowed, or only one townhome building) together with the lot and block numbers for each such model. The letter shall state that the owner understands and agrees that the model home shall not be occupied until the plat is recorded in the public records and that the penalty for violation of this occupancy prohibition shall be the demolition of the model. The letter shall also state that the owner agrees and shall release and hold the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature and kind for and as a result of the issuance of building Page 12 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 9 of 10 permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the models, will cause a copy of the owner's letter to be placed in the plat file. e. No certificate of occupancy shall be issued for any model until after the final plat is recorded except that a temporary certificate of occupancy may be issued by the planning and zoning department. (3) Entrance features, perimeter wall and lift station. Permits may be issued after tentative plat approval by the county plat committee and receipt of a letter signed by the owner requesting the permit prior to final plat recording and releasing and holding the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature or kind for and as a result of the issuance of building permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the request, will cause a copy of the owner's letter to be placed in the plat file. (4) For commercial and industrial buildings. a. The tentative plat has been approved by the county plat committee and is current. b. Only one building permit may be issued, on a site, and only one such permit may be issued within a subdivision. c. Paving and drainage plans (if required) shall have been approved by the city's public works department. d. At the time of request, there must be an active set of building plans pertaining to the site, with an active process number under the city's permitting system. The plans must have approvals from the following disciplines or an indication that such approvals are nonapplicable: building, department of environmental resources management, county fire, electrical, energy, impact fees, mechanical, planning, plumbing, public works and structural. e. A letter, signed by the property owner, has been submitted to the city's planning and zoning department, requesting the permit prior to final plat recording. The letter shall state the proposed lot and block or tract for such permit, and the owner's acknowledgment and agreement that no certificate of occupancy will be sought or allowed until after the final plat is recorded. The letter shall also state that the owner agrees and shall release and hold the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature or kind for and as a result of the issuance of building permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the request, will cause a copy of the owner's letter to be placed in the plat file. f. No certificate of occupancy for the subject structure will be issued until the plat is recorded. g. The issuance of the building permit shall not modify or affect the concurrency capacity of the underlying tentative plat in any way. (5) For permanent buildings to be used as single-family or townhouse production homes. Permits for single-family or townhouse production homes will be approved when: a. The tentative plat has been approved by the county plat committee and is current. b. Paving and drainage plans have been approved by the city's public works department. c. All DERM requirements, including the approval of water and sewer extension plans are complied with. Page 13 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6 Created: 2025-10-01 16:32:36 [EST] (Supp. No. 18) Page 10 of 10 d. The proposed final plat for the subdivision in which the production homes are to be located has been listed on an agenda for approval by the zoning appeals board. been approved by the designated administrative official. e. A letter, signed by the property owner, has been submitted to the administrative official, requesting approval of production homes prior to final plat recording. The letter shall state that the owner understands and agrees that the production home shall not be occupied until the plat is recorded in the public records and that the penalty for violation of this occupancy prohibition shall be the demolition of the production home. The letter shall also state that the owner agrees and shall hold the city, its employees and agents, harmless from any and all liability and causes of action of whatsoever nature and kind for and as a result of the issuance of building permits and any construction prior to final plat approval and recordation. The administrative official, should he/she approve the models, will cause a copy of the owner's letter to be placed in the plat file. The owner's letter shall be filed in the public records of the county. The recorded letter shall be effective only until the final plat is recorded and shall thereafter be deemed automatically withdrawn and of no further legal force or effect. f. No certificate of occupancy shall be issued for any production home until after the final plat is recorded except that a temporary certificate of occupancy may be issued by the planning and zoning department. (6) Right-of-way dedication. a. No permit shall be issued for a building or use on a lot, plot, tract, or parcel in any district until that portion of the applicant's lot, plot, tract, or parcel lying within the required official zoned right-of-way has been dedicated to the public for road purposes, and standard pavement improvements have been made, bonded for or an improvement agreement signed prior to building permit issuances except as otherwise provided in section 34-216. Any deviation from this section shall require an administrative variance or waiver pursuant to the provisions of section 34-50. b. Any lot, plot, tract or parcel under single ownership is exempt from the provisions of this section where that lot, plot, tract, or parcel: 1. Is located outside the urban development boundary (as shown on the comprehensive development master plan); 2. Is to be used only for agricultural or residential purposes; and 3. Is not located adjacent to a zoned section line road. c. Where a site plan for a multiple-family housing development, apartment development, or apartment hotel development containing frontage on a public or dedicated road and containing interior private streets or roads within the development has been submitted to and approved by the department, it shall be exempt from the provisions of this section, except that if full right-of- way dedications or improvements as required by the public works department are lacking, the same shall be provided or a non-use variance obtained. (Ord. No. 2010-10-218, § 2(7-80), 4-7-2010) Page 14 of 14Ordinance No. 2026-009-498 Docusign Envelope ID: 73373484-E516-8509-809A-7FC36CC5DFE6