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Amend/Revise the Level of Approved Development
Broward County > Planning and Redevelopment Division > Development Management > Amend/Revise the Level of Approved Development

The information provided below is a general summary of the County's process to amend or revise the level of approved development. The specific regulations, contained in the Broward County Land Development Code, have been adopted by ordinance of the County Commission and cannot be superseded by this presentation of information. Please contact us for details.

All plat applications are approved with a restrictive note that must appear on the recorded plat. The restrictive note establishes the level of development intensity used to determine the plat's impact upon regional services and facilities. Impact fee amounts and concurrency obligations are based upon the approved level of development. The project must be developed in conformity with the recorded plat note, unless a revision or amendment to the note is approved by the County Commission.

Types of Requests & Submittal Requirements
An application to amend or revise the level of development may be filed with us. These applications are categorized into three (3) types: full review, minor review, and requests to place a note on a pre-1979 plat. Please contact our staff if you need assistance in determining the type of the application to file.

 

Amend or Revise Note: Full and Minor Reviews -  Application requirements include the submittal of one (1) original of each document and an electronic copy of each item listed below.  Each document listed below must also be submitted electronically as a separate pdf on a CD, flash drive, etc.: 

  • Copy of recorded or approved plat.
  • Letter of approval from applicable municipality, dated within six (6) months of this application, specifically stating the precise note language. If the property is located within a Development of Regional Impact (DRI), the letter shall also indicate if the proposed note is consistent with the approved DRI Development Order.
  • Current letter from the appropriate utility service stating the location of the closest approved potable water line and/or sanitary sewer line and the exact distance to the property (this applies only if on-site wells and/or septic tanks are currently in use or proposed).
  • Signed and sealed sketch and legal description for any new parcel or tract created by the application.
  • Residential Applications Only - Provide a current School Capacity Availability Determination (SCAD) or a receipt from the School Board of Broward County documenting that a Public School Impact Application (PSIA) and fee have been accepted by the School Board.
  • A check for the application fees made payable to the Broward County Board of County Commissioners.  Please consult the Development Permit Application Fee Schedule

 

Place a Note on a Pre-1979 Plat - An applicant may choose to place a note on a plat which was approved prior to the time plat note restrictions were required, to vest the property for a certain level of development. The procedure for this review is similar to the process for a new plat, except that an agreement to place a note on the plat is recorded in the public records instead of a plat drawing. The time frame to record the agreement and comply with all conditions of approval is 12 months/1 year from the date of approval. Please see the link at the end of this section for information about the platting process or contact our staff if you have questions about this process.

Additional Documentation For Existing Buildings
Additional information is required if there are existing buildings on the property and/or if buildings were demolished within eighteen (18) months of this application as follows:

  1. To receive a credit against impact and concurrency fees, attach an "as built" survey dated within eighteen (18) months of this application. (Other evidence may be accepted for demolished buildings if it clearly documents the use, gross square footage and/or number and type of dwelling units.)
  2. If the proposed note amendment is for non-residential development and existing non-residential buildings will remain on the property, attach one of the following:
    • An "as built" survey prepared within six (6) months of this application showing the existing buildings.
    • A copy of the latest approved site plan showing the existing buildings along with evidence from the municipality documenting that the site plan is the latest approved site plan.
    • Other evidence may be accepted if it clearly documents the use, gross square footage and/or number and type of dwelling units.

Completeness of Application
It is recommended that applicants discuss their request and proposed note language with us before filing the application.

All plat information including the name of the plat, project number, plat book and page, copies of the plat report and recorded plat, and other plat information is a matter of public record and can be obtained from us and the County Records, Taxes and Treasuring Division. If you have any questions regarding filling out the application, please contact us.

As per Section 5-181(a) of the Broward County Land Development Code, the Planning and Redevelopment Division Director has seven (7) working days to determine if an application is complete. A complete application is defined as having met all submittal requirements. If the application is not complete, it can be rejected and returned to the applicant. The application may be re-submitted after the applicant provides the additional documentation needed to make the application complete.

Time Frames
Your request will be scheduled for the next County Commission meeting in accordance with the published Filing Deadlines schedule. Full review requests are scheduled for a County Commission meeting approximately seven (7) week from a filing deadline date. Minor Review requests are scheduled for a County Commission meeting approximately one (1) month from a filing deadline date. Applications to place a note on a pre-1979 plat are processed like a new plat application.  

Review Process
The application will be reviewed by County agencies appropriate to the type of request. During the review period, our staff will advise the applicant of any issues which may result in a deferral or denial recommendation. A staff report will be generated from recommendations made by County agencies. A copy of the staff report will be available to the applicant prior to the scheduled County Commission meeting.

Affidavit of Application
A blank affidavit will be attached to the staff report. If the applicant signs the affidavit, agreeing with staff recommendations, the request will remain on the County Commission's Consent Agenda. If the affidavit is not signed by the applicant, before the County Commission meeting, the request will be automatically deferred for at least 2 weeks and will be rescheduled for discussion at a later County Commission meeting.

Approval and Recordation
If the County Commission approves the request, the approval is subject to the conditions set forth in the staff report. A condition of approval requires the recordation of an agreement documenting the changes to the plat note in the public records. In addition, other conditions of approval may include impact fee payments, new or replacement impact fee agreements and securities, and construction requirements.

For full and minor review requests and requests to place a note on a pre-1979 plat, the applicant has twelve (12) months from the date of approval to comply with all conditions of approval and record the agreement to amend note.

Failure to complete this process within this time frame shall render the approval null and void.

Please contact us for questions regarding agreement processing.