PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS REGARDING PLATS
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EXECUTIVE SUMMARY:
executive summary
The Board of County Commissioners is asked to consider adopting an ordinance to amend Article 4, Site Development Standards; Division 21, Subdivision Regulations and Article 10, Development Review Procedures, Land Development Regulations, Martin County Code. The amendments, regarding plats, are proposed for clarification and consistency with Chapter 177, Florida Statutes.
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DEPARTMENT: Public Works
PREPARED BY: Name: Lisa A. Wichser, P.E., CFM
Title: Chief Project Engineer
REQUESTED BY: Michael J. Grzelka, P.E., County Engineer and Thomas M. Walker, Jr., PSM, MPA, GISP, County Surveyor and Mapper
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Section 177.071, Florida Statutes (F.S.) was amended to require administrative approval of plats with no further action by the governing body of a County beginning July 1, 2025. At its meeting on July 21, 2025, the Board of County Commissioners adopted Resolution 25-7.15 that: delegates the Board’s authority to approve plats, accept dedications of land pursuant to plats, and execute any documents necessary related to plats to the County Administrator; and updates the textual components of plats. At the meeting, the Board of County Commissioners was informed that certain amendments to the Land Development Regulations related to plats and the development review procedures were necessary, but not ready for consideration during a public hearing.
The proposed amendments to the Land Development Regulations are hereby proposed. In general, the proposed amendments are intended to: update the regulations for consistency with Chapter 177, F.S.; clarify or provide plain language; provide consistent references to various statutes, codes, and regulations; and correct paragraph numbering. More specific amendments are summarized below.
Article 4 DIVISION 21. SUBDIVISION REGULATIONS
Sec. 4.911. - General Provisions.
• 4.911.A. Applicability.: updates for consistency with Chapter 177, F.S.
• 4.911.B. Subdivision defined.: updates for consistency with Chapter 177, F.S.
• 4.911.E. Approval of Final Site Plans.: introduces a requirement for a platted lot to exist prior to approval of a non-residential final site plan
• 4.911.F. Issuance of building permits.: updates for consistency with Chapter 177, F.S.
• 4.911.F. Authority of county inspectors.: moves the authority of county inspectors (to 4.913. - Required and Improvements Infrastructure.)
• 4.911.G. Testing requirements.: moves the testing requirements (to 4.913. - Required Improvements and Infrastructure.)
Sec. 4.912. - Plat requirements.
• 4.912.A. Purpose and Intent.: includes the provision for a successor agency, officer, or provision of law (from 4.912.B. Definitions.)
• 4.912.B. Definitions.: updates for consistency with Chapter 177, Florida Statutes by removing redundant definitions; introduces a definition for Utility; moves the provision for a successor agency, officer, or provision of law (to 4.912.A. Purpose and Intent.)
• 4.912.C. Plat Standards.: reorders, consolidates, and clarifies the plat standards; moves the provisions for inspection of PRMs, PCPs, and lot corners prior to recordation (to 4.912.E. Monuments.)
• 4.912.E. Monuments.: broadens the title; updates for consistency with Chapter 177, F.S.; includes provisions for inspections of PRMs, PCPs, and lot corners prior to recordation (from 4.912.C. Plat Standards.)
Sec. 4.913. - Required improvements and infrastructure.
• 4.913.B. Authority of county inspectors.: includes the authority of county inspectors (from 4.911. - General Provisions.)
• 4.913.C. Testing.: includes testing requirements (from 4.911. - General Provisions.)
• 4.913.E. Provision of security in lieu of completion.: removes the option to post an escrow account
ARTICLE 10 - DEVELOPMENT REVIEW PROCEDURES
Sec. 10.1. - General.
• 10.1.B. Glossary.: includes parking areas in the definition of Final Site Plan; introduces a definition for Infrastructure Final Site Plan
Sec. 10.5. - Application review process.
• 10.5.F.8. Decision-maker.: updates Table 10.5.F.9. Responsibility of Review and Final Action for Applications for consistency with Chapter 177, F.S.
Sec. 10.7. Functions of the County Administrator.
• 10.7.B.: updates for consistency with Chapter 177, F.S.
Sec. 10.12. Appeal of final actions.
• 10.12.A.: updates for consistency with Chapter 177, F.S.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed ordinance amending Article 4, Site Development Standards; Division 21, Subdivision Regulations and Article 10, Development Review Procedures, Land Development Regulations, Martin County Code regarding plats.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
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