Amend or 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in the Broward County Land Development Code, have been adopted by ordinance of the County Commission and cannot be superseded by this presentation of information.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 consult with staff of the Development Management Division 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 the Development Management Division. 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.

1.	Full Review - This includes major changes in land use and/or increases in density or intensity which may include trips, students, square footage, and number of dwelling units. The following items are required for submittal: • A completed notarized application form.     • Twenty-two (22) folded copies of the plat.     • Letter of approval from the 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.     • A current letter is required from the appropriate utility service area stating the location of the closest approved potable water system and/or sanitary sewer line and the exact distance to the property if on-site wells for potable water and/or septic tanks are currently in use or proposed.     • A check made payable to the Broward County Board of County Commissioners for the application fees. Please consult the Development Permit Application Fee Schedule.
2.	Minor Review - This includes decreases in trips, no changes in trips, or no major change in land use. The following items are required for submittal: • A completed notarized application form.     • Six (6) folded copies of the plat.     • Letter of approval from the applicable municipality, dated within six (6) months of this application, specifically stating the precise note language.     • A check made payable to the Broward County Board of County Commissioners for the application fees. Please consult the Development Permit Application Fee Schedule.
3.	Place a Note on a Pre-1979 Plat - An applicant may want 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 twelve months (12) 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:

•	To receive a credit against impact 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.)
•	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:     1) An "as built" survey prepared within six (6) months of this application showing the existing buildings. 2) 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. 3) 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 Development Management staff before they file 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 the Development Management Division and the County Records Division. If you have any questions regarding filling out the application, please contact Development Management staff.

As per Section 5-181(a) of the Broward County Land Development Code, the Development Management 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 "Filing Deadlines" schedule that can be obtained from the Development Management Division or printed from this web site. 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. Please refer to the link at the end of this section for information about the platting process.

REVIEW PROCESS

The application will be reviewed by County agencies appropriate to the type of request. During the review period, Development Management 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 APPLICANT

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 & 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, the applicant has six (6) months from the date of approval to comply with all conditions and record the agreement to amend note. For 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 and record the agreement to amend note.

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

Please contact Development Management Division staff for questions regarding agreement processing and refer to the links below for more information.