Responsibilities of the Applicant:
By submitting this Land Use Application, and signing below, I acknowledge the following
responsibilities and further acknowledge that there is no express or implied guarantee of
approval following submittal of this application and payment of associated fees.
1. Filing fees may not be the total cost of a hearing. Some requests require notices to be
mailed to property owners up to a mile from the subject property. In addition to mailing
costs, fees related to application changes, plan revisions, deferrals, re-advertising, etc.,
may be incurred. Application withdrawn within 30 days of the filing are eligible for a
refund of 25% of the hearing fee but after that time hearings withdrawn or returned
will be ineligible for a refund. I understand that fess must be paid promptly.
2. The South Florida Building Code requirements may affect the ability to obtain a
building permit even if this Land Use Application is approved; and that a building
permit will probably be required. The applicant is responsible for obtaining permits and
inspections for all structures and additions proposed or built without permits. And that
a Certificate of Use and Occupancy must be obtained for the use of the property after
it has been approved by the Town Council (if approval is granted), and that failure to
obtain the required permits and/or Certificates of Completion or of Use and Occupancy
will result in enforcement action against any occupant and owner. Submittal of a Land
Use Application may not forestall enforcement action against the property.
3. The Department Environmental Resources Management (DERM), and other agencies
will review zoning applications which may affect the scheduling of hearings and the
outcome of the application process. These reviews may require additional public
hearings before DERM’s Environmental Quality Control Board (EQCB), or other boards,
and /or the proffering of agreements to be recorded. The applicant also acknowledges
that they must comply promptly with any DERM conditions and advise this office in
writing if this Land Use Application will be withdrawn.
4. Any covenant to be proffered must be submitted to the Town of Cutler Bay Legal
Counsel, on Town form, at least one (1) month prior to the anticipated hearing date. The
covenant will be reviewed, and the applicant will be notified if changes or corrections
are necessary. Once the covenant is acceptable, the applicant is responsible for
submitting the executed covenant with a current ‘Opinion of Title’ within one (1) week
of the hearing, and that Legal Counsel must carry a cover letter indicating subject
matter, application number and hearing date.
5. The Town of Cutler Bay Department of Public Works reviews Land Use Applications
and may require corrections or conditions for approval.
6. Each party will be limited to a presentation of 20 minutes. This time limitation may be
extended by the Chair of the meeting.
7. The applicant is responsible for tracking the status of the application and all hearings
that may be associated with the application and review process.