New Findings of Adequacy
The information provided below is a general summary of the County's findings of adequacy process. 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in the Broward County Land Development Code, have been adopted by ordinance of the County Commission and cannot be superseded by this presentation of information.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 Planning and Environmental Regulation Division for details.
Expiration of Findings of Adequacy
As of January, 1997, plat approvals and approvals of amendments to plats which either change or intensify the permitted levels of development have been subject to the expiration of the findings of adequacy made by the Board of County Commissioners at the time of approval. These findings, regarding the adequacy of services and facilities expire five (5) years from the date of approval if either of the following has occurred:
- No building permit for a principal building (excluding dry models, sales and construction offices) and first inspection approval has been issued; or
- The construction of project water lines, sewer lines, drainage, and the rock base for internal roads have not been substanially completed.
- The owner(s) of the property is responsible for providing evidence to the County from the appropriate governmental entity, documenting that either one of the above requirements has been met.
If the findings of adequacy expire, then no additional building permits can be issued until the Broward County Board of County Commissioners makes a subsequent finding that the application satisfies the adequacy requirements set forth within the Broward County Land Development Code.
Application and Review Process
If the findings of adequacy expire, the property owner(s) must file an application for a new Findings of Adequacy. The application and review process are similar to the plat process, with three (3) exceptions:
- Instead of documentation that a plat has been submitted to the appropriate municipality, the applicant must submit a letter from the municipality concurring with the request for a new findings of adequacy.
- The requirement to record a plat mylar in the public records is replaced by the requirement to record an agreement in the public records which amends the note on the face of the plat, extending the findings of adequacy for an additional five (5) years.
- The applicant has up to twelve (12) months from the date of County Commission approval to record an agreement, instead of the eighteen (18) months allowed to record the plat mylar.
Similar to filing an application for plat approval, at the end of the thirty-seven (37) working day review process the Planning and Environmental Regulation Division issues a new Development Review Report, which updates all the conditions necessary to bring the application into compliance with the current Broward County Land Development Code, and other advisory comments on issues that will have to be addressed prior to receipt of a certificate of occupancy. The new Development Review Report also includes a staff recommendation of either approval, deferral for one or more reasons, or denial for one or more reasons. After transmittal of the Development Review Report, an applicant has five (5) months to submit a "written authorization to proceed."
If the "written authorization to proceed" is not received within the five (5) month period, the application for new findings of adequacy shall be deemed withdrawn.
If there are any objections to the Development Review report, they must be specified in the "written authorization to proceed." If any new objections are raised after the submission of the letter to proceed, staff will recommend deferral of the application at the County Commission meeting.
County Commission Meeting and Affidavit of Application
After receipt of the letter to proceed, staff will schedule the application for the next available County Commission plat meeting in accordance with the published Filing Deadline Schedule. The time frame is approximately three (3) weeks from a filing deadline.
A copy of the final Development Review Report, transmitted to the County Commission, will be available for the applicant's review prior to the County Commission meeting. A blank affidavit will be attached to the Development Review 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 two (2) weeks and will be rescheduled for discussion at a later County Commission meeting.
Approval and Recordation Process
The Broward County Commission takes final action on applications for new findings of adequacy. If the application is approved, the applicant has up to twelve (12) months to record an agreement authorizing the new findings of adequacy for a specific level of development, with a new five (5) year time frame to obtain permits. During the twelve (12) month period all conditions of approval must be either completed or secured via agreements (and a form of security) acceptable to the County Attorney. The recordation process is coordinated by the Planning and Environmental Regulation Division. No building permits for the development affected by the new findings of adequacy may be issued until the agreement is recorded.
Each application is approved with a restrictive note limiting the type and amount of development that may be constructed. A property owner may return to the County Commission to request changes to the note, after approval or recordation of the agreement amending the restrictive note. The County Commission will review the application for any additional impacts of the proposed change. A property owner may also return to the County Commission after approval or recordation to change other conditions of approval.