§ 28-1. Definitions.

For the purposes of this chapter, the following terms shall have the following meanings. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

(a)

Final plat is the final tracing, map or drawing or chart on which the subdivider's plan of subdivision is presented to the governing body for approval, and which, if approved, will be submitted to the Clerk of the Circuit Court for recording.

(b)

Flood criteria is the minimum finished elevation required for all lands as established and shown on the flood criteria map recorded in Plat Book 53, pages 68, 69, and 70 of the public records of this County as the same may be modified from time to time.

(c)

Lot is a portion of a subdivision or other parcel of land, however designated, intended as a single building site or unit for transfer of ownership or for development.

(d)

The manual of public works construction of the Department of Public Works is the comprehensive set of specifications prepared by the County's Department of Public Works covering the minimum requirements for the design and construction of engineering works such as, but not limited to: Streets, roads and highways, sidewalks, filling and grading, excavating, harbors and docks, drainage installation and structures, water control work and water supply, paving installations, curbs and gutters, bridges and overpasses and underpasses, underground sewage collections and disposal systems, underground utility line construction, levees, pumping stations and similar works.

(e)

Master plan is the comprehensive plan prepared by the County's Department of Planning and Zoning which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the County and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

(f)

Official map is the map established by the County showing the streets, highways and parks laid out, adopted and established by the County or additions thereto resulting from the approval of subdivision plats by the governing bodies and the subsequent filing of such approved plats.

(g)

Streets, alleys, easements and rights-of-way.

(1)

Alley is a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(2)

Arterial street is a heavily traveled street of considerable continuity used primarily as a main traffic artery.

(3)

Collector street is a street which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.

(4)

Cul-de-sac or dead-end street is a minor street with only one (1) outlet terminating at one (1) end with a turnaround.

(5)

Easement or servitude is a strip reserved by the subdivider for public utilities, drainage and other public purposes, the title to which shall remain in the property owner, subject to the right of use designated in the reservation of the servitude.

(6)

Limited access highway or freeway is a highway which permits no access except at authorized and controlled points, the acquisition of rights-of-way for such highway usually including the acquisition of access rights thereto. Access may also be limited through methods other than acquisition of access right.

(7)

Marginal access street is a minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.

(8)

Minor street is a street used primarily for access to the abutting properties.

(9)

Parkway is a route intended to be used primarily by passenger vehicles which may have a varying width of right-of-way and which right-of-way is or is intended to be developed with a park-like character.

(10)

Width of street is the shortest distance between the lines delineating the right-of-way of a street.

(11)

Right-of-way is a strip of ground dedicated by the subdivider, deeded by the owner, for public use.

(12)

Mapped street is any approved street shown on an official map, or the projection of an existing street through an unsubdivided parcel of land, whether the street is dedicated, or in existence or not. For the purpose of this definition all normal five-acre fractional lines shall be deemed the center line of mapped street, unless waived by the plat division of the appropriate authority.

(13)

Limited access line is a designated line across which there shall be no vehicular access.

(h)

Subdivider is any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

(i)

Subdivision is:

(1)

The division of land for any use so as to create one (1) or more lots, sites, tracts or parcels otherwise designated of any size for the purpose of transfer of ownership, leasing, or building development. The division of land, zoned for single-family residential use, shall not be deemed a subdivision if the land is being divided into parcels, each of which is more than one and one-quarter (1¼) acres in size exclusive of any official right-of-way.

The division of land, zoned for agricultural, general or interim use or which is unzoned, shall not be deemed a subdivision if the land is being divided into parcels each of which is five (5) acres or more in size, including any official right-of-way.

Separate parcels created pursuant to Section 33-257(2) or pursuant to Section 33-31 of the Code shall not be deemed a subdivision of real property.

(2)

The dedication of a road, highway, street, alley, easement through or on a tract of land regardless of area.

(3)

The resubdivision of land heretofore divided or platted into lots, sites or parcels.

(j)

Tentative plat is a preliminary map, drawing or chart indicating the proposed layout of the subdivision submitted for approval. Said preliminary map, drawing or chart shall not be considered a boundary survey as defined in Chapter 21HH-6 of the Florida Administrative Code, as same may be amended from time to time. It shall be considered a specific purpose survey as defined in said Chapter 21HH-6; said specific purpose being for subdivision design, therefore conceptual in nature, and subject to change prior to the boundary survey being made for which a plat of record is being filed.

(k)

Decorative masonry wall is a wall of masonry composition, at least five (5) feet in height, with a struck natural, painted, stuccoed, or painted struck block finish on both sides with a continuous concrete cap. For the purpose of this definition, a combination of fence and landscaping that creates a satisfactory buffer shall be considered acceptable substitutes for a decorative masonry wall.

(l)

Plat division of the appropriate authority is the competent staff, including a professional land surveyor, of the governing body created to review plats or an independent land surveying firm under contract by the governing body to review plats. By definition, the independent land surveying firm shall not be the same as the land surveyor recording the plat, so as to prevent any conflict of interest. Municipalities without a plat division may request the County's plat division to review both tentative and final plats, in which case the subdivider shall pay the same fees to the County as a subdivider within the unincorporated areas of the County would pay.

(m)

County's plat division by definition shall be a committee consisting of one (1) member from each of the following Miami-Dade County Departments: Public Works; Planning and Zoning; Environmental Resources Management; Parks and Recreation; and the Miami-Dade Water and Sewer Department.

(Ord. No. 77-6, § 1, 2-1-77; Ord. No. 78-12, § 1, 3-21-78; Ord. No. 80-120, § 2, 10-21-80; Ord. No. 81-63, § 2, 6-2-81; Ord. No. 82-71, § 1, 7-20-82; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 18, 9-3-98)