Change or Waive Requirements of the Land Development Code
The information provided below is a general summary of the County’s process to change or waive requirements of the Land Development Code. 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in the Broward County Land Development Code, have been adopted by ordinance of the County Commission and cannot be superseded by this presentation of information.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.
An application to request changes or modifications to conditions of plat approval and/or to request waivers of the Broward County Land Development Code may be filed with the Planning and Environmental Regulation Division. These applications are categorized into two (2) types.
Types of Requests
Roadway Related Requests to amend, change, modify, delete, and/or waive the following:
- Non-Vehicular Access Line (NVAL)
- Roadway Improvements such as Turn Lanes, Bus Bays, Traffic Signals, etc.
- Right-of-Way Dedications
- Sidewalk and Paved Access
- Design Criteria
Non-Roadway Related Requests to amend, change, modify, delete, and/or waive the following:
- Design Criteria
- Waste Water Disposal/Source of Potable Water
- Fire Protection
- Parks and/or School Dedications
- Impact Fees
- Environmental Impact Report
- Other Changes to Plat Conditions or Waivers to the Land Development Code
Submittal Requirements for All Requests
- A letter from the applicable municipality, stating their position on the request, dated no more than six (6) months from the date of application.
- Six (6) folded copies of the approved or recorded plat. If the request is for a
single family dwelling unit or a duplex, a survey and a site plan may be accepted in lieu of a plat.
- An application fee in accordance with the Development Permit Application Fee
Schedule. The check must be made payable to the Broward County Board of County
- A fully completed application form. This includes justification for your request and a narrative explaining the request in detail, including the dimensions and locations of openings, etc. The contact person listed on the application must be able to answer any questions staff may have.
Additional Submittal Requirements for Roadway Related Requests
- Six (6) copies of a proposed site plan which shows at a minimum: the onsite traffic circulation system, adjacent roadway details, and the location of all existing and proposed driveways. If a site plan is not available, six (6) folded copies of a drawing demonstrating the rationale for the request which should include relevant dimensions and must be drawn to scale, may be accepted.
- A valid pre-application approval letter from the Florida Department of Transportation
is required for all roadway and/or access related requests which abut a Trafficway that is functionally classified as a State road. This requirement includes the creation or amendment of vehicular access and/ or any improvements requiring permits from the State. The expiration date on the letter must not expire prior to the scheduled County Commission meeting date. (For further explanation see Section 5-195 (b)(10)of the Land Development Code.)
NOTE: Some non-roadway related requests may require additional or less documenation. Please
contact Development and Environmental Regulation staff for verification of the required documentation for your request.
Completeness of Application
It is recommended that applicants discuss their request with the appropriate County staff before they file the application. For roadway related requests, it is especially important for applicants to meet with staff of the Highway Construction and Engineering Division and the Transit Division. 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 Planning and Environmental Regulation Division and the County Records Division. If you have any questions regarding filling out the application, please contact Planning and Environmental Regulation staff.
As per Section 5-181(a) of the Broward County Land Development Code, the Planning and Environmental Regulation 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.
Your request will scheduled for the next County Commission meeting in accordance with the Filing Deadlines schedule. Generally, this type of request is scheduled for a County Commission meeting approximately one (1) month from a filing deadline date.
Your application will be reviewed by County agencies appropriate to the type of request. A staff report will be generated from recommendations made by County agencies. A copy of the staff report will be available for your review 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 and Recordation
All approvals are subject to the conditions set forth in the staff report. A condition of approval of some requests, including amendments to the non-vehicular access line, may require the recordation of agreements to document the changes in the public records. In addition, County Commission policy requires a recordable agreement listing all of the plat required improvements associated with the request. The applicant shall prepare and deliver all required documents, bonds, deeds, easements, and agreement(s) to the Highway Construction and Engineering Division within eighteen (18) months of approval. Failure to complete this process within the eighteen (18) month time frame shall render the approval null and void.