Item Coversheet
Town of Miami Lakes
Memorandum

To:Planning and Zoning Board
From:Brandon Schaad, Director of Planning
Subject:Permit Issuance Before Recording of Final Plat
Date:11/15/2016

Recommendation:
It is recommended that the Planning and Zoning Board review the attached ordinance and provide a recommendation to the Town Council.
Background:

Currently, the Land Development Code (LDC) prohibits the issuance of building permits on sites subject to platting or replatting before recording of the final plat by the County. The proposed ordinance would allow issuance of some building permits, but no permanent certificates of occupancy/completeness, after approval of the final plat by the Town but prior to its final recordation by the County. A number of other jurisdictions in Miami-Dade County, including the County itself, have similar provisions in their codes.

Specifically, the proposed ordinance would allow issuance of building permits prior to plat recording for the following construction types and circumstances:

  • construction trailers used as sales offices, so long as paving and drainage plans have been approved and all DERM requirements for providing potable water and sanitary sewer have been met;
  • single family homes and townhomes, for up to 25 percent of the total lots, so long as the tentative plat has been approved by the County's Plat Committee (which occurs after approval of the tentative plat by the Town), the final plat has been approved by the Town Council, paving and drainage plans have been approved, DERM's requirements for any needed water/sewer extensions have been met and a letter is submitted releasing the Town from any liability;
  • multifamily, commercial and industrial buildings, where the tentative plat has been approved by the County's Plat Committee, the final plat has been approved by the Town Council, paving and drainage plans are approved, and a letter is submitted releasing the Town from any liability; and,
  • perimeter walls and lift stations, where the tentative plat has been approved by the County's Plat Committee, the final plat has been approved by the Town Council and a letter has been submitted releasing the Town from any liability.
According to the proposed language, a temporary certificate of completion could be issued prior to plat recording for homes to be used as model homes, but otherwise no certificate of occupancy or completion could be issued until the final plat is recorded. The penalty for occupying structures built under these provisions prior to plat recording (except for the model homes as specified) would be demolition of the structures.

The Town Council approved the ordinance on first reading at its September 6, 2016 meeting.
ATTACHMENTS:
Description
Proposed Ordinance
New Business Item 7-26-2016