Boyn01½ Chapter 1.5
PLANNING AND DEVELOPMENT GENERALLY
Art. I. In General
Art. II. Community Redevelopment Agency
Board
Art. III. Reserved
Art. IV. Reserved
Art. V. Reserved
Art. VI. Concurrency Requirements
Art. VII. Federal Highway Corridor
Community Redevelopment Plan
Art. VIII. Proportionate Fair Share Mitigation of Transportation Impact
ARTICLE I. IN GENERAL
Sec. 1. Planning and development
board—Establishment and composition.
A. A City of Boynton Beach Planning and Development Board is hereby created and established, consisting of seven (7) regular members and two (2) alternate members appointed by the City
Commission of the City of Boynton Beach, Florida.
B. The mayor and City Commission shall appoint the members of the planning and development board in accordance with the appointment procedures followed by the commission. The nomination
shall be subject to the confirmation of a majority vote of the City Commission.
C. All members of the planning and development board must be residents of the City of Boynton Beach, Florida.
D. The commission in appointing members to the planning and development board shall give preference, when possible, to design professionals licensed in the disciplines of architecture,
landscape architecture, landscape design and planning.
E. The authority, functions, powers and duties of the Planning and Development Board as hereinafter set forth in this Chapter shall, within boundaries of the Community Redevelopment
Area, be vested in and
be performed by the Community Redevelopment Agency as modified in Article II of Chapter 1.5. All references to the Planning and Development Board in this Chapter shall be construed
to mean the Community Redevelopment Agency when applied to land development activity within the boundaries of the Community Redevelopment Area.
(Ord. No. 00-71, § 2, 12-19-00)
Sec. 2. Terms of offices; removal; vacancies.
A. On first appointment to the board, three (3) members and two (2) alternate members shall each have an initial term of one (1) year. On first appointment to the board, four (4) members
shall have two-year terms. Thereafter, the term of office for each member of the planning and development board shall be two (2) years. Subsequent alternate members shall be appointed
for one-year terms.
B. The members of the planning and development board shall hold office until the first Tuesday in April of the year such members' terms expire. Each member shall hold office until
his successor is duly appointed and qualified. Any member appointed to serve in lieu of any member on account of death, resignation, removal or disability of such member, shall serve
only for the unexpired term of such original member.
C. Should a member of the planning and development board move outside of the jurisdictional boundaries of the city, the member shall become disqualified, and a new member shall be appointed
by the City Commission.
D. Any vacancy occurring shall be filled by the City Commission.
E. The City Commission shall appoint two (2) alternates to serve when members of the planning and development board are absent. The alternates shall reside within the jurisdictional
boundaries of the city and all other restriction set forth in Sections 1 through
1
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6 as to members of the planning and development board shall apply to the alternates. Alternate members shall have preference in appointment to vacancies created by death, resignation,
removal or end of term of regular members.
F. A member of the board is permitted to have three (3) absences during any one year period. The fourth absence shall result in removal from the board.
(Ord. No. 97-44, § 1, 9-2-97; Ord. No. 01-60, § 2, 12-18-01)
Sec. 3. Selection of chair and vice chair: rules
of procedure.
A. At the first regular meeting of the planning and development board in April of each year, the Board shall elect a chairman and vice chairman from among its members.
B. The planning and development board shall meet on the fourth Tuesday of each and every month, and at such other times as the chairman may determine. The board shall operate in accordance
with Robert's Rules of Procedure as amended and clarified from time to time. All meetings of the board shall be open to the public, and a record of all meetings shall be kept and maintained
in accordance with Florida Public Records Laws.
C. The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings,
showing the vote of each member on each question, or if absent or abstaining, indicating such fact. No member shall abstain from voting unless he or she has a conflict of interest pursuant
to the provisions contained herein or in accordance with Chapter 112, Florida Statutes. The records of the board shall be filed in the office of the city clerk and shall be public records.
(Ord. No. 01-13, § 2, 3-6-01)
Sec. 4. Advisory authority, functions, powers,
and duties.
A. The planning and development board shall have the authority and duty to consider and recommend upon applications, as hereinafter set forth, after first considering the recommendations
thereon of the city planning and zoning department, and after a determination of fact that application will not generate excessive noise or traffic; tend to create a fire, disease or
other equally or dangerous hazards; provoke excessive overcrowding or concentration of people or population; be in harmony and compatible with the present and future developments of
the area concerned; conserve the value of buildings and encourage the most appropriate use of land and water; provide adequate light and air; promote such distribution of population
and such classification of land uses, development and utilization as will tend to facilitate and provide adequate provisions for public requirements, including, but not limited to, transportation,
water flowage, water supply, drainage sanitation educational opportunities, recreation, soil fertility, environmental protection, and food supplies; prohibit wasteful and excessive scattering
of population of settlements; conform to the character of the district and its particular suitability for particular uses; be consistent with the needs of the city for land areas for
specific purposes to serve population economic activities; protect the tax base; facilitate and carry forward the intent and purpose of the city's comprehensive plan; would not be disruptive
to the character of the neighborhood or adverse to play grounds, parks, schools and recreation areas; would not be adverse to the promotion of public health, safety, comfort, convenience,
order, appearance, prosperity or general welfare.
B. The planning and development board shall have all powers heretofore vested in the planning and zoning board and the community appearance board.
C. The planning and development board shall be responsible for all duties heretofore carried out by the planning and zoning board and the community appearance board.
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D. All references in the Land Development Regulations of the City of Boynton Beach to the planning and zoning board or to the community appearance board shall hereinafter be construed
to mean the Planning and Development Board.
E. Provide recommendations to the community redevelopment agency for matters related to the central business district.
1. The board shall have the power to issue nonbinding recommendations to the community redevelopment agency on matters specifically referred to it by the community redevelopment agency.
2. The board shall have no other powers with respect to the central business district and the community redevelopment agency unless specifically granted or assigned by the City Commission.
3. All administrative staff and any other staff support for the duties of the board as set forth in this subsection shall exclusively be provided by the City of Boynton Beach Department
of Community Improvement under the direction and supervision of the city manager.
(Ord. No. 97-15, § 1, 5-20-97)
Sec. 4.1 Quasi-Judicial Authority, functions,
powers, and duties.
A. The Planning and Development Board shall have the authority and duty to hear and decide, in a quasi-judicial capacity, administrative appeals, special exceptions and variances.
Requests for administrative appeals, special exceptions and variances will not be processed unless written application and a fee have been submitted to the Development Department.
B. Administrative Appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made
by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section.
C. Special Exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when
such special exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose
and intent of this section. The following standards apply to the board power to grant special exceptions:
1. The board shall find that in granting the special exception, the public interest will not be adversely affected.
2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made part of the terms under which
the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or business tax receipt associated therewith.
3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both.
D. Variances. The board has the authority and duty to authorize upon appeal such variance from the terms of a city ordinance as will not be contrary to the public interest when, owing
to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship.
1. In order to authorize any variance from the terms of an ordinance, the board must find that:
a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings
in the same zoning district.
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b. That special conditions and circumstances do not result from the actions of the applicant for the variance.
c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning
district.
d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building.
f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise
detrimental to the public welfare.
g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition
of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance
stating that the above-mentioned conditions exist with respect to the acquisition of additional property.
h. For variances to the Chapter 21 Signs, the Planning and Development Board may grant a variance if it finds that the unusual shape or topography of the property in question prevents
signage allowable under the provisions of Chapter 21 from adequately identifying the business or other activity located on such property. No variances may be granted to signs expressly
prohibited by Chapter 21. The board may only grant a variance to:
(1) Allow a setback less than that required under the chapter;
(2) Allow the area, height or both of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area;
(3) Allow the number of signs to be increased over the maximum allowed by this code.
2. In granting a variance:
a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this section.
b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both.
c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of
the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan, if the board finds that the variance meets the conditions set
forth in this section for granting the same, and the variance would only allow for the construction of a single-family detached dwelling.
E. Procedures for Variances, Special Exceptions and Appeals of Administrative Actions.
1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district
involved or any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts
shall be considered grounds for the authorization of a variance.
2. Review of Administrative Orders. In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section,
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reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or
regulation adopted pursuant to this section, and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from whom
the appeal is taken. A majority vote shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the
applicant on any matter upon which the board is required to pass under this section.
3. Appeals from decision of Administrative Official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting
any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer
from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board.
4. Stay of Work and Proceeding on Appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official
from whom the appeal is taken shall certify to the board that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings
or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer from whom the appeal
is taken and on due cause shown.
5. Hearing of Appeals. The board shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide
the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by the Planning
Department), a current certified survey
accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals.
6. Review of Decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within
twenty (20) days after rendition of the decision by the Planning and Development Board. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari
to the Palm Beach County Circuit Court.
7. Withdrawal or Denial of Application.
a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the
same property or any portion thereof.
b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any
portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such
an application, in whole or in part, has been twice or more denied or withdrawn.
c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form
prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests
for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations
for reapplication provided herein shall not apply.
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F. Advertising Requirements. Required advertisements for the applicant's request must appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen (15)
days prior to the scheduled Planning and Development Board Meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that
scheduled public hearing.
(Ord. No. 97-15, § 1, 5-20-97; Ord. No. 00-64, §§ 5 and 6, 12-5-00; Ord. No. 06-096, § 2, 1-2-07)
Sec. 4.2. Additional authority, functions, powers,
and duties, as assigned by the City
Commission.
The Planning and Development Board shall have such additional authority, functions, powers and duties, as assigned to the board by ordinance.
(Ord. No. 97-15, § 1, 5-20-97)
Sec. 4.3 Authority Granted by the City
Commission.
A. The following applications/types of requests shall preliminarily be reviewed by the Planning and Development Board prior to approval by the City Commission:
1. Annexation.
2. Code review.
3. Comprehensive plan text amendment.
4. Consistency review.
5. Development of regional impact
amendment.
6. Height exception.
7. Land use plan amendment/rezoning.
8. Rezoning.
9. Telecommunication towers (waiver or reduction of separation requirements and/or special exception regarding application rejection).
10. Conditional Use Approval.
B. The following applications/types of requests that are processed and reviewed by the Planning and Zoning Department shall be approved by the planning and development board:
1. Abandonment.
2. Administrative appeal.
3. Community Design Plan appeal.
4. Concurrency appeal.
5. Concurrency time extension.
6. Landscape appeal.
7. Master plan modification.
8. Master plan time extension.
9. Major site plan modification.
10. New site plan.
11. Site Plan time extension.
12. Subdivision - master plan.
13. Use approval.
14. Zoning code appeal.
15. Conditional use approval time
extension.
C. No action of the Planning and Development Board or the Community Redevelopment Board when the Community Development Agency is conducting review of a project within the redevelopment
area, shall be considered a final action of the City until ratified by the City Commission. The procedure for ratification shall be as follows:
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1. All matters which have been reviewed and acted on by the Planning and Development Board shall be reduced to writing as a proposed Development Order. The form of the proposed Development
Order shall be approved by the City Attorney.
2. All proposed Development Orders shall be submitted to the City Commission at the second regular City Commission meeting following action by the Planning and Development Board or
the Community Redevelopment Agency. The item shall be consolidated on the “public hearing” portion of the agenda with other agenda items concerning the same development. When a legislative
item, such as a land use amendment is consolidated with a quasi-judicial item, such as a rezoning, both items shall proceed using the quasi-judicial process, but consolidation shall
not alter the legal standard for review, or the burden of proof.
3. The City Commission may table a proposed Development Order to insure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested
parties. All documents and evidence that were submitted to the Planning and Development Board or Community Redevelopment Agency Board constitute part of the record of the proceeding
before the City Commission and it is presumed that the City Commission accepted and considered the documents and evidence in its consideration of the issues before the Commission.
4. Following ratification of a proposed Development Order by the City Commission, the City Clerk shall date and sign the Development Order and issue it as a final order.
(Ord. No. 97-22, § 1, 6-17-97; Ord. No. 97-41, §§ 1, 2, 8-19-97; Ord. No. 00-64, § 7, 12-5-00; Ord. No. 06-013, § 2, 2-7-06)
Sec. 5. Commission designated statutory
planning agency.
The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the local
government Comprehensive Planning Act, having the general responsibility for the conduct of a comprehensive planning program and the preparation, supervision and amendment of the comprehensive
plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said act.
Sec. 6. Review of board decisions.
All decisions of the planning and development board shall be advisory to the City Commission, unless otherwise stated in this Article or by ordinance. Disposition of an application
or request made through the planning and development board shall not be deemed final until acted on by the City Commission, unless otherwise stated in this Article or by ordinance. Once
final, a decision may be reviewed by the filing of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance
with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed.
Any determination decisions of the Planning and Development Board must first be appealed to the City Commission within twenty (20) days after rendition of the decision by the Planning
and Development Board, prior to any appeal to a court of competent jurisdiction. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari
to the Palm Beach County Circuit Court.
(Ord. No. 97-15, § 1, 5-20-97)
Sec. 7. Comprehensive plan adopted; authority,
purpose, preemption.
A. Authority. Ordinance No. 89-38 is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act. Section 163.3184,
et. seq., Florida Statutes, and Chapter 9J-5, Florida Administrative Code.
B. Purpose and intent.
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1. It is hereby declared that the purpose of such ordinance is to preserve and enhance the existing quality of life; encourage the most appropriate use of land, water and resources
consistent with the public interest; address current problems which have occurred because of the use and development of land; and deal effectively with future problems which may occur
as a result of the use and development of land. Through the implementation of the 1989 Comprehensive Plan and those elements adopted herein by Ordinance No. 89-38, it is the intent
of the City Commission of the City of Boynton Beach, Florida, to preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement
and fire prevention, and general welfare; to prevent the overcrowding of land and to avoid undue concentration of populations; to minimize urban sprawl; to encourage the development
and redevelopment of the coastal community; to ensure that the existing rights of property owners be preserved in accord with the Constitutions of the State of Florida and of the United
States; to plan for and guide growth and development within the city by providing greater specificity and certainty in the land planning process, by preparing a financially feasible
plan, by establishing a concurrency management system, by providing for appropriate minimum levels of service for the necessary public facilities to accommodate existing populations
and future growth, by coordinating local decisions relating to growth and development, and by ensuring consistency with the state, regional and county comprehensive plans.
2. The provisions of the elements adopted by Ordinance No. 89-38 are declared to be the minimum requirements necessary to accomplish the aforesaid stated intent, purpose and objectives
of the ordinance; and they are declared to be the minimum requirements to maintain, through orderly growth and development, the character and stability of present and future land use
and development in this city. Nothing in this plan is to be construed to limit the powers and authority of the City Commission of the City of Boynton Beach to enact ordinances, rules
or regulations that are more restrictive than the provisions of this plan.
3. Nothing in this comprehensive plan, or in the land development regulations adopted consistent with its requirements shall be construed or applied to as to result in an unconstitutional
temporary or permanent taking of private property or the abrogation of validly existing vested rights.
C. Adoption; elements. Pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Section 163.3184, et seq., Florida Statutes, the City of Boynton
Beach hereby adopts the 1989 Comprehensive Plan of this city, consisting of the following elements; Future Land Use, Housing, Utilities (which includes the sub-elements of Sanitary Sewer,
Potable Water, Solid Waste, Drainage and Natural Groundwater Aquifer Recharge), Conservation, Recreation and Open Space, Traffic Circulation, Coastal Management, Inter-governmental Coordination
and Capital Improvement.
D. Preemption. In the event that the 1989 Comprehensive Plan is more restrictive than existing development regulations, the provisions of the 1989 comprehensive Plan shall prevail.
E. Future land use map.
1. Adoption. The designation boundaries hereinafter set forth and delineated on the future land use map, including all explanatory matter thereon, is hereby adopted. The future land
use map shall be maintained as a digital format GIS document. The most recent version of the land use map shall be kept on file, in printed form, in the office of the City Clerk.
2. Updates. The City Commission may amend the future land use map from time to time by ordinance. The revision dates and ordinance numbers shall be maintained in a separate data file
in the office of the City Clerk.
(Ord. No. 01-61, § 1, 12-18-01; Ord. No. 05-025, § 2, 6-21-05)
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Sec. 8. Position of director of planning created;
appointment, tenure.
Pursuant to the charter of the city, there is hereby created the classified position of director of planning, said position to be filled by appointment by the city manager, said officer
to serve at the pleasure of the city manager.
Sec. 9. Duties, responsibilities of director of
planning.
The duties and responsibilities of the director of planning shall be:
A. To formulate and carry out technical details and phases of the general plan for the future comprehensive development of the city. This shall include supervising and directly participating
in the performance of the specialized planning activities and research essential to the preparation of the general plan. Incumbent shall be responsible for the coordination and successful
execution of studies and programs. Work shall be performed under general direction of the city manager.
B. To coordinate the above plans with the planning and development board as appropriate.
C. To serve as principal agent of the city in all contracted planning activities. This shall include preparation of the scope of work of each contract, as well as supervision of progress
once contract is consummated.
D. To act as technical advisor to department heads and similar officials on all planning matters.
E. To perform related work as required or directed by city manager.
ARTICLE II. COMMUNITY
REDEVELOPMENT AGENCY BOARD
Sec. 1 Community Redevelopment Agency
Board - establishment and composition.
A. The Boynton Beach Community Redevelopment Agency is created and set out in Section 2-13 of the Boynton Beach Code of Ordinances.
B. The provisions of Article II of Chapter 1.5 shall apply only within the CRA boundaries as set out in Section 2-13 of the Code of Ordinances. The provisions of this Article shall
supercede and prevail over any other Code sections that ma pertain to the properties located within the CRA boundaries.
(Ord. No. 00-70, § 2, 12-19-00)
Sec. 2. Advisory authority functions, powers and
duties.
A. The CRA board shall have the authority and du to consider and recommend upon applications as hereinafter set forth, after first considering the recommendations of its staff and after
a determination of fact that application will contribute to reduction of slum and blighted conditions; enhance the tax base; implement and further the intent and purpose of the City's
redevelopment plan.
B. The CRA board shall have all powers and duties heretofore vested in the planning and development board.
(Ord. No. 00-70, § 2, 12-19-00)
Sec. 2.1 Quasi-Judicial Authority, functions,
powers and duties.
A. The CRA board shall have the authority and duty to hear and decide, in a quasi-judicial capacity, administrative appeals, special exceptions and variances.
B. Administrative appeals. The board has the authority to hear and decide appeals when it is alleged
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that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant
to the section.
C. Special exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when
such special exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose
and intent of this section. The following standards apply to the board power to grant special exceptions:
1. The board shall find that in granting the special exception, the public interest will not be adversely affected.
2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made part of the terms under which
the special exception is granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or business tax receipt associated therewith.
3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both.
D. Variances. The board has the authority and duty to authorize upon appeal such variance from the teams of a city ordinance as will not be contrary to the public interest when, owing
to special conditions, a literal enforcement of the provisions of the city ordinance would result in unnecessary and undue hardship.
1. In order to authorize any variance from the terms of an ordinance, the board must find:
a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not
applicable to other lands, structures or buildings in the same zoning district.
b. That special conditions and circumstances do not result from the actions of the applicant for the variance.
c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning
district.
d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building.
f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise
detrimental to the public welfare.
g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition
of such property would cause the adjacent property or structures to become nonconforming. The applicant for such variances shall provide an affidavit with the application for variance
stating that the above mentioned conditions exist with respect to the acquisition of additional property.
2. In granting a variance:
a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a violation of this section.
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b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both.
c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of
the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan if the board finds that the variance meets the conditions set forth
in this section for granting the same, and the variance would only allow for the construction of a single-family detached dwelling.
E. Procedures for variances, special exceptions and appeals of administrative actions.
1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district
involved or any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts
shall be considered grounds for the authorization of a variance.
2. Review of administrative orders. In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section
and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from whom the appeal is taken. A majority vote shall be
necessary to reverse an order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is
required to pass under this section.
3. Appeals from decision of administrative official. Appeals to the board may be taken by any
person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the
order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof.
4. Stay of work and proceeding on appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official
from whom the appeal is taken shall certify to the board that, by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings
or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on the application, on notice to the officer from whom the appeal
is taken and on due cause shown.
5. Hearing of appeals. The board shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide
the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by staff), a
current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the
board as for appeals.
6. Review of decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within
twenty (20) days after rendition of the decision by the CRA board. The decision of the City Commission shall be deemed final subject only to review by writ of certiorari to the Palm
Beach County Circuit Court.
7. Withdrawal or denial of application.
a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a
2006 S-26
6F Boynton Beach Code
subsequent application affecting the same property or any portion thereof.
b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any
portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such
an application, in whole or in part, has been twice or more denied or withdrawn.
c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form
prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests
for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations
for re-application provided herein shall not apply.
F. Advertising requirements. Required advertisements for the applicant's request must appear in newspaper of general circulation in the City of Boynton Beach, at least fifteen (15)
days prior to the scheduled CRA board meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public
hearing.
(Ord. No. 00-70, § 2, 12-19-00; Ord. No. 06-096, § 2, 1-2-07)
Sec. 2.2. Additional authority, functions, powers,
and duties, as assigned by the City
Commission.
The CRA shall have such additional authority, functions, powers and duties, as assigned to the board by ordinance.
(Ord. No. 00-70, § 2, 12-19-00)
Sec. 2.3. Authority granted by the City
Commission.
A. The following applications/types of requests are processed and reviewed by the Planning and Zoning Department and shall be reviewed and recommendations made by the CRA board to the
City Commission for approval on the consent agenda:
1. Administrative appeal.
2. Community Design Plan appeal.
3. Land use plan amendment/rezoning.
4. Telecommunication towers (waiver or reduction of separation requirements and/or special exception regarding application rejection).
5. Conditional Use Approval.
6. Concurrency time extension.
7. Master plan modification.
8. Master plan time extension.
9. Major site plan modification.
10. New site plan.
11. Parking lot variance.
12. Sign code variance.
13. Site Plan time extension.
14. Subdivision - master plan.
15. Use approval.
16. Zoning code appeal.
17. Zoning code variance.
18. Conditional use approval time extension.
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Planning and Development Generally 6G
B. The following applications/types of requests are processed and reviewed by the Planning and Zoning Department and shall be reviewed by the CRA board and a recommendation made to
the City Commission which shall be approved as provided by state law and placed on the appropriate part of the City Commission agenda pursuant thereto:
1. Abandonment.
2. Annexation.
3. Code review.
4. Comprehensive plan text amendment.
5. Consistency review.
6. Development of regional impact amendment.
7. Height exception.
8. Concurrency appeal.
9. Rezoning.
(Ord. No. 00-70, § 2, 12-19-00)
Sec. 3. Commission designated statutory planning agency.
The City Commission is hereby designated as the city's local planning agency to act on behalf of the city under the terms and provisions of the local government Comprehensive Planning
Act, having the general responsibility for the conduct of a comprehensive planning program and the preparation, supervision and amendment of the comprehensive plan or elements or portions
thereof applicable to the areas under the jurisdiction of the city as provided in said act.
(Ord. No. 00-70, § 2, 12-19-00)
Sec. 4. Review of board and City Commission decisions.
A final decision of the CRA board or the City Commission may be reviewed by the filing of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and
for Palm Beach County, Florida, and in accordance with the procedure and within the tine provided by court rule and such time shall commence to run from the date of the decision sought
to be reviewed.
(Ord. No. 00-70, § 2, 12-19-00)
ARTICLE III. RESERVED
ARTICLE IV. RESERVED
ARTICLE V. RESERVED
ARTICLE VI. CONCURRENCY
REQUIREMENTS
Sec. 1. Short title, authority, intent and purpose.
A. Short title. This article shall be known and cited as the "Boynton Beach Concurrency Management Ordinance."
B. Authority. This article is adopted pursuant to the authority granted to municipalities under Article VIII, Section 2, Florida Constitution, Chapter 163, Florida Statutes, Rule 9J-5
and Rule 9J-5.0055, Florida Administrative Code, and the City of Boynton Beach Charter, which establish the right and power of municipal corporations to provide for the health, welfare,
economic order, aesthetics, interest, safety and convenience of existing and future residents, employees, visitors, property owners and businesses within the city by enacting and enforcing,
among other things, a comprehensive plan, zoning and
subdivision regulations, and other land development regulations.
C. Intent and purpose. This article is intended to implement and be consistent with the City of
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6H Boynton Beach Code
Boynton Beach Comprehensive Plan, Chapter 163 Florida Statutes, and Rule 9J-5 and Rule 9J-5.0055, Florida Administrative code, in order to ensure that public facilities are available
to serve development projects, as well as all other persons and land uses within the city, consistent with the levels of service which are adopted in the city's comprehensive plan.
Sec. 2. Applicability.
A. Generally. Unless otherwise provided for in this article, the requirements of this article shall apply to all development orders or permits submitted after the effective date, within
the city, with respect to maintaining the adopted level of service for potable water, sanitary sewer, drainage, solid waste, recreation, parks and road facilities.
B. Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County Traffic Performance Standards Ordinance shall supersede this article in the case of all conflicts
of such ordinance with this article, including conflicts where the Palm Beach County Traffic Performance Standards Ordinance would be less restrictive than this article.
C. Maintaining levels of service in portions of water or sewer service areas outside of city. For the purpose of maintaining the adopted levels of service in those portions of the
water or sewer service areas for which the city provides such facilities, this article shall apply, as appropriate, if a determination of concurrency or similar action with respect to
potable water or sanitary sewer facilities is either required by or requested from another local government. The city may enter into an agreement with any such local government with
respect to the administration or enforcement of concurrency requirements for potable water or sanitary sewer facilities, provided that such agreement is consistent with Florida law.
D. Other laws of United States, the State of Florida, and Palm Beach County. Nothing in this article shall be construed to supersede any federal or state laws, laws of Palm Beach County
which apply within the city, or any provisions of the City of
Boynton Beach Codes or Regulations which are not specifically in conflict with this article, including any such laws which concern the design, construction, provision, operation, or
utilization of, or connection to public facilities.
E. Development orders, permits, or projects approved by Palm Beach County, for land annexed into city. If land is annexed into the city and, prior to annexation, was subject to development
orders, permits or development projects approved by Palm Beach County, then the development order, permit or project shall continue to comply with the Palm Beach County Adequate Public
Facilities Ordinance with respect to potable water, sanitary sewer, drainage, solid waste, roads, parks and recreation facilities, as said Ordinance applies to the last development order
or permit which was issued by Palm Beach County, and any subsequent development orders or permits which are issued by the city. However, the developer, property owner or their agents
may request of the City Commission, that, upon annexation, the property be subject only to the requirements of this article. For any land which is subject to this paragraph, any land
development orders or permits which are issued by the city after five (5) years of the date of annexation shall be subject to the provisions of this article, unless an appeal is granted
in accordance with Section 13 or Section 14.
Sec. 3. Reserved.
Sec. 4. Categories of development orders and
permits.
A. General.
1. The time limits specified in this section for the expiration of development orders and permits shall supersede any time limits set forth elsewhere in these Land Development Regulations.
Expiration of a planned zoning district master plan, as set forth in this article, however, shall cause the development order for same to expire only with respect to exemption determinations,
certifications of concurrency and conditional certifications of
2006 S-26
Planning and Development Generally 6I
concurrency, and shall not, by itself, cause the zoning for the planned zoning district to expire.
2. All references to the "effective date" in this section shall apply only with respect to exemptions which are allowed in accordance with Sections 10 or 14.
3. A "lot" shall be construed to be a parcel which contains at least one whole lot which is shown on a recorded plat or is part of an unrecorded subdivision of land which has occurred.
B. All references to categories of development orders or permits in this article shall mean development orders or permits in accordance with the following classification system:
1. "A" Category development orders and permits shall consist of development orders or permits for the following types of development projects:
A1. Any construction of public facilities, either prior to or after the effective date, that are identified in the City of Boynton Beach or Palm Beach County Comprehensive Plans.
A2. Any development project, either prior to or after the effective date, which, in and by itself, does not create demand for any public facility.
A3. The replacement of an existing structure, either prior to or after the effective date, where no additional demand for any public facility would be created for non-residential
uses, or no additional dwelling units would be constructed for residential uses, provided that an application for a building permit for such replacement is submitted within two (2) years
of the date of the completion of the demolition or removal of the previous structure.
A4. Any construction of public schools by the school board of Palm Beach County, either prior to or after the effective date.
A5. Any construction of a single-family detached or duplex dwelling on a lot lying within a subdivision which was platted prior to
January 13, 1978, or on a lot lying within any other subdivision which occurred, prior to the effective date, where the current zoning is generally limited to single-family or duplex
dwellings.
A6. Any construction of a single-family detached or duplex dwellings, either prior to or after the effective date, where the subdivision and subsequent development of the property
would not involve the creation of more than three (3) parcels either at a single point in time or cumulatively since January 13, 1978, for property lying within the city as of the effective
date, or as of the date of the application for annexation, for property annexed into the city, for property annexed after the effective date.
A7. Any construction of additions or improvements to existing dwelling units, either prior to or after the effective date, provided that the number of dwelling units is not increased.
A8. Any construction of structures for, or establishment of, a nonresidential use, either prior to or after the effective date, which would generate not more than five hundred (500)
net vehicle trips per day on a one-time or cumulative basis, within any five-year period.
A9. Any platting, construction, or conversion of residential uses, either prior to or after the effective date, which would generate not more than two hundred (200) net vehicle trips
per day on a one-time or cumulative basis, within any five-year period.
A10. Any additions to existing nonresidential structures or uses, including recreational and community facilities which are accessory uses to residential uses, which would generate
not more than five hundred (500) vehicle trips per day on a one-time or cumulative basis, within any five-year period.
A11. The use of any structure or site which was in existence, prior to the effective date, regulations, including expansion of such use into portions of the structure or site which
are manifestly
2006 S-26
6J Boynton Beach Code
intended for such use, provided that all such uses would be lawful under the city's zoning regulations.
A12. Any subdivision platted after January 13, 1978, but prior to the effective date, which has been bonded and the required improvements have been constructed and accepted, prior
to the effective date, and at least one subdivided parcel has been sold off to a different owner.
A13. Any subdivision platted after January 13, 1978, but prior to the effective date, which has been bonded and the required improvements have been constructed and accepted, prior
to the effective date, but all lots and parcels are still under single ownership.
A14. Any subdivision platted after January 13, 1978, but prior to the effective date, which has been bonded, and the twenty-one-month limit for completion of bonded improvements has
not expired.
A15. Any subdivision platted after January 13, 1978, but prior to the effective date, which has been bonded and the required improvements are under construction, and the twenty-
2006 S-26
6J Boynton Beach Code
Planning and Development Generally 7
one-month time limit for the completion of bonded improvements has expired, but construction is still proceeding in good faith, in the judgement of the city engineer.
A16. Any preliminary plat which has been approved, prior to the effective date, and application for permit from the Palm Beach County Health Department for the construction of
utilities has been approved, prior to the effective date, provided that the final plat is submitted within one year of the approval of the preliminary plat, and is recorded within eighteen
(18) months of the approval of the preliminary plat.
A17. Completion of any undeveloped portion of a site plan or conditional use, a portion of which had been built or was under construction, prior to the effective date, or for which
a building permit was applied for or issued, and the building permit has not expired according to the adopted building code.
A18. Any development of regional impact (DRI), or a substantial deviation from a DRI, which was submitted or approved prior to the effective date, or development project within
such DRI, except that the provision of public facilities to serve the project and the issuance of development orders or permits may be limited in accordance with the development schedule
contained in the DRI development order, application for a development approval, or support documents for the application for development approval or development order.
A19. Any site plan or conditional use approved, prior to the effective date, or any development order which has been reviewed by the community redevelopment agency and has received
final approval, prior to the effective date, provided that a building permit is applied for within one year of the date of approval of the site plan or other development order listed
in this paragraph.
A20. Any building permit issued, prior to the effective date, provided that the permit has not expired according to the adopted building code.
A21. Any revision to a previously approved development order or permit, either prior to or after the effective date, where such addition or
revision does not create additional demand for any public facility.
A22. Any development order or permit which was the subject of a court order regarding the land use, zoning, planning, use, or development of a parcel, and litigation was initiated
prior to adoption of the comprehensive plan. Development orders or permits which are the subject of such court orders, or subsequent development orders or permits which are consistent
with such court orders shall be exempt for as long as the court order remains in effect.
2. "B" Category development orders and permits shall consist of development orders or permits for the following types of development projects:
B1. Any unplatted portion of subdivision master plan approved, prior to the effective date, and which is served by master sized utilities, drainage facilities, or roads constructed
as part of a portion which was platted, or for which a preliminary plat and Palm Beach County Health Department permits were approved, prior to the effective date. The rules set forth
in this paragraph shall also apply where the unplatted portion is included in a boundary plat, and would be served by master-sized utilities or roads, and replatting at a later date
is either intended or required.
B2. Any preliminary plat which is approved, prior to the effective date, and which does not have an approved permit from the Palm Beach County Health Department for the construction
of utilities, as of the effective date, provided that a final plat and Palm Beach County Health Department permits are submitted within one year of the approval of the preliminary plat,
and if the plat is recorded within eighteen (18) months of the approval of the preliminary plat.
3. "C" Category development orders and permits shall consist of development orders or permits for the following types of development projects:
C1. A subdivision platted after January 13, 1978, but prior to the effective date, has been bonded and has been partially constructed,
but has not been accepted by the city,
the twenty-one-month time limit for
construction of bonded improvements has
8 Boynton Beach Code
expired, and construction is not proceeding in good faith, in the judgement of the city engineer.
C2. An unplatted portion of a subdivision master plan which has been approved, prior to the effective date, which would not be served by master-sized utilities, drainage facilities,
or roads constructed as part of a portion which was platted, or for which a preliminary plat and Palm Beach County Health Department permits were approved, prior to the effective date.
The rules set forth in this paragraph shall also apply where the unplatted portion is included in a boundary plat, but would not be served by master-sized utilities or roads, and replatting
at a later date is either intended or required.
C3. A subdivision master plan or planned zoning district master plan which has been approved, prior to the effective date, provided that the preliminary plat for the project or the
first phase thereof is submitted within eighteen (18) months of the date of the master plan approval.
4. "D" Category development orders and permits shall consist of development orders or permits for the following types of development projects:
D1. Any project for which the development order or permit is issued either prior to or after the effective date, and which is not exempt with respect to all public facilities according
to the criteria set forth in the "A", "B", or "C" categories and Section 10, unless an appeal has been granted in accordance with Section 14.
D2. A preliminary boundary plat, final boundary plat, or recorded boundary plat, submitted or approved either prior to or after the effective date, which does not show all necessary
easements and dedications or is not connected to a definite plan for the development of the property within the boundary plat.
5. "E" Category development orders and permits shall consist of development orders or permits for the following types of development projects:
E1. Any project for which the development order or permit has expired, according to the criteria set forth for "A", "B", "C", and "D" Category projects, and applicable provisions
of Sections 9, 10, 12, 13 and 14.
E2. Any subdivision preapplication. With respect to this article, approval of a subdivision preapplication shall be construed only to be a finding that property is suitable for platting
and development for the use which is proposed, and shall not be construed to be a development order or permit for which exemption may be determined or for which concurrency may be certified.
E3. Any land use amendment or rezoning petition, and any land use category or zoning district, except for planned zoning district and development of regional impact applications.
E4. Any project for which the development order or permit, which, in and by itself, would not establish a specific intensity or density of use.
Sec. 5. Minimum levels of service adopted for
public facilities.
The following levels of service are hereby adopted and shall be utilized in the administration and enforcement of this article. Where a conflict occurs between the levels of service
set forth in this article and those which are set forth in the city's comprehensive plan, the levels of service in the comprehensive plan shall supersede those which are set forth in
this article.
The method for calculating the capacity of public facilities, populations, levels of service, and all other numbers or ratios related to levels of service shall be that which is utilized
in the comprehensive plan support documents, except where these methods have been refined in this section and in accordance with Section 7 of this article, or an appeal is granted in
accordance with Chapter 1, Article VII, Section 2.
A. Potable water level of service shall mean the capacity of potable water facilities to produce and deliver not less than two hundred (200) gallons of
1997 S-5
Planning and Development Generally 9
potable water per capita, which shall be calculated by dividing the maximum production capacity of the city's water treatment facilities, on a maximum daily flow basis, by the peak population
which corresponds to the number of dwelling units, lodging units and beds in group quarters which are connected to the city's water system.
B. Sanitary sewer level of service shall mean the capacity of sanitary sewer facilities to treat and dispose of not less than ninety (90) gallons of sewage per capita, which shall be
calculated by dividing the maximum treatment capacity of the city's proportionate share of wastewater treatment facilities, on a maximum month average daily flow basis, by the peak population
which corresponds to the number of dwelling units, lodging units and beds in group quarters which are connected to the city's portion of the sanitary sewer system.
C. Solid waste level of service shall mean the capacity of solid waste transfer and disposal facilities to process not less than seven and two-tenths (7.2) pounds of solid waster per
capita, which shall be calculated by dividing the capacity of solid waste facilities, as defined by the Palm Beach County Solid Waste Authority, by the resident population of the county
or portions of the county served by such facilities. Until such time as all exemptions to concurrency requirements are approved by the appropriate local governments in Palm Beach County,
or the solid waste authority can verify that solid waste facility capacity is available to serve any particular development project, solid waste facilities shall be construed to be available
until the point in time at which the Palm Beach County Solid Waste Authority reasonably projects that the capacity of such facilities will be used up.
D. Drainage level of service shall mean that drainage facilities for development projects shall be designed for a three-year design storm for a duration of the time of concentration
for the watershed, for development projects which are subject to South Florida Water Management District design and/or permitting requirements, and shall mean that drainage facilities
for all other development projects shall be designed to accommodate the first hour of a three-year storm on site.
E. Roadway levels of service shall mean the average annual daily traffic levels for roadway links and peak hour traffic levels for intersections, as set forth in the Palm Beach County
Traffic Performance Standards Ordinance, except that, if said ordinance is repealed or if exemptions or exceptions to said ordinance are granted, the following levels of service shall
apply to the following roadway links:
1. Level of service "C" or better under daily and peak hour conditions on all unspecified city local and collector highway facilities;
2. Level of service "C" for average daily and level of service "D" for daily peak season and year-round peak hour conditions on all nonspecified arterial facilities;
3. Level of service "D" for year-round daily and peak hour conditions on Seacrest Boulevard south of S.E. 23rd Avenue; U.S. 1 between Boynton Beach Boulevard and Woolbright Road; I-95
through the city; Boynton Beach Boulevard from Old Boynton Road to I-95; N.W. 22nd Avenue between Congress Avenue and I-95; Congress Avenue between Boynton Beach Boulevard and N.W. 22nd
Avenue; and for Boynton Beach Boulevard east of I-95;
4. Level of service "Maintain" for all facilities where level of service standards have been exceeded.
F. Recreation facilities levels of service shall mean not less than the ratio of the number and/or size of the particular type of recreation facility available to the residents of the
city, as defined by the recreation and open space element support documents, to the peak population which corresponds to the number of dwelling units, lodging units and beds in group
quarters within the corporate limits of the city, as set forth in Attachment "A" to Ordinance No. 90-18. Private recreation facilities which are provided as part of a development project
may be used to satisfy the requirements for maintaining the levels of service for these facilities, if these facilities would meet the adopted levels of service, as set forth in this
paragraph. For development projects which are exempt, no existing private recreation facilities shall be reduced in size and/or number, so as to cause the level of service to be lower
than those which are set
10 Boynton Beach Code
forth in this paragraph, unless an appeal is granted in accordance with Section 13 or 14.
G. District parks level of service shall mean not less than the ratio of developed district park acreage available to the residents of the city, as defined by the recreation and open
space element support documents, to the peak population which corresponds to the number of dwelling units, lodging units and beds in group quarters within the corporate limits of the
city.
H. Neighborhood parks levels of service shall mean not less than the ratio of developed neighborhood park acreage available to the number of peak season residents of the neighborhood
or development project, as follows:
1. For all residential development projects that consist of more than one hundred (100) dwelling units, that public or private parks or recreation areas are available to residents,
such that the ratio of any such private parks or recreation areas to the number of the peak season residents to is not less than two and one-half (2.5) acres per thousand residents,
or the ratio of public park acreage to the number of peak season residents within a walking distance of one-half (0.5) mile or within the neighborhood, as defined in the recreation element
support documents, is not less than two and one-half (2.5) acres per thousand residents; and further provided that all dwellings within the development project are not more than one-half
(0.5) mile walking distance from a public or private park or recreation facility which is available to the residents of the dwelling.
2. For all property which is annexed after the effective date, and which was platted or developed in the unincorporated area of Palm Beach County, or that have received approval of
development orders or permits from Palm Beach County, the level of service shall be that which is created by existing or approved public or private park or recreation facilities which
serve the property or project exclusively, provided that no such level of service shall be more stringent than that which is set forth in subsection 1 above.
3. For all development projects which are not subject to the requirements set forth in subsection
1 or 2 above, the levels of service set forth in subsection 1 above, or not less than the levels of service for the neighborhood planning area as set forth in Chapter 2, which shall
be calculated as the ratio of developed neighborhood park acreage to the peak season population which corresponds to the number of dwelling units, lodging units and beds in group quarters
within the neighborhood. For development projects which are exempt, no existing private recreation areas shall be reduced in area, so as to cause the levels of service to be less than
those which are set forth in subsection 1 above, except if an appeal is granted in accordance with Section 13 or 14.
I. The levels of service for potable water, sanitary sewer, solid waste, and parks and recreation facilities shall not be applied to development orders or permits for non-residential
uses, including hospitals, since these levels of service are expressed in terms of facility capacity per capita. These levels of service shall be applied, however, to development orders
or permits for lodging facilities and group quarters, and shall be applied to all new Developments of Regional Impact and Substantial Deviations thereto, which are approved after the
effective date, where the land use for such DRIs would be different than that which was shown on the Future Land Use Map of the City or Palm Beach County, as of the effective date.
(Ord. No. 96-50, § 1, 1-21-97)
Sec. 6. Public facilities shall be available for
development projects consistent with
adopted levels of service.
Except as provided elsewhere in this article, no development order or permit which is submitted after the effective date shall be approved, unless public facilities are or will be available
to serve the development project, such that the minimum levels of service set forth in Section 5 are maintained, concurrent with the impacts of the development project. For public facilities
to be determined to be available as such, the following conditions shall be met, given the proposed timing and phasing of the development project:
A. For potable water, sanitary sewer, and solid waste facilities, and primary drainage facilities or any secondary drainage facilities which are required
1997 S-5
Planning and Development Generally 11
improvements according to the subdivision and platting regulations:
1. The necessary public facilities are or will be in place at the time that any development permits are issued; or
2. Any development permits which are or will be issued will be subject to the condition that the necessary public facilities will be in place when the impacts of the development occur,
meaning that, at the time of issuance, such public facilities either exist, a binding contract for the construction of same has been executed, performance security for same has been
posted, or construction of same is scheduled in the capital improvements program of any governmental agency so as to be available when the impact of development occurs and construction
of such facilities is financially feasible, based on currently available revenue sources adequate to complete such construction; or
3. The necessary public facilities are or will be under construction at the time that any development permits are issued, and that, at the time of issuance, such public facilities
either exist, a binding contract for the construction of same has been executed, surety for same has been posted, or construction of same is scheduled in the capital improvements program
of any governmental agency so as to be under construction when the development permits are issued and construction of such facilities is financially feasible, based on currently available
revenue sources adequate to complete such construction; or
4. The necessary public facilities are guaranteed in an enforceable development agreement that is consistent with any of the provisions set forth in subsection 1 through 3 above.
An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued
pursuant to Chapter 380, Florida Statutes. The agreement shall guarantee that the necessary public facilities will be in place when the impacts of the development occur.
B. For parks and recreation facilities, concurrency requirements may be satisfied by complying with the standards set forth in subsection A.1 through 4 above, or by complying with
the following standards:
1. At the time a development permit is issued, the necessary public facilities are the subject of a binding executed contract which provides for commencement of the actual construction
of the required public facilities within one year of the issuance of the development permit; or
2. The necessary public facilities are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the public facilities within
one year of the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220,
Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes.
C. For roads that are the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT), the requirements set forth in subsection (a) above shall be satisfied
if the development order or permit complies with the Palm Beach County Traffic Performances Standards Ordinance. In the event that the Palm Beach County Traffic Performance Standards
Ordinance is repealed, the conditions which apply shall be those which were set forth in the most recent Palm Beach County Traffic Performance Standards Ordinance which was in effect
in the City, except that any levels of service for particular roadway links which are adopted in the city's comprehensive plan shall apply to those links.
D. For a roadway facility that is not the responsibility of Palm Beach County or the Florida Department of Transportation (FDOT) and which is subject to the Proportionate Fair-Share
Agreement pursuant to Chapter 1.5, Article VIII of the city's Land Development Regulations, the timing of improvements set as a condition of development approval is determined by the
five (5)-year capital
2007 S-28
12 Boynton Beach Code
improvement schedule in the Capital Improvement Element of the Comprehensive Plan, or otherwise established by said Agreement.
E. In determining whether public facilities are available consistent with the requirements of this section and Section 5, the demand for such public facilities which would be created
by other development orders and permits which are exempt, or for which certification of concurrency or conditional certification of concurrency has been issued shall be taken into account.
(Ord. No. 07-006, § 2, 3-20-07)
Sec. 7. Adoption of methodology for determining
whether concurrency requirements are
met.
The City Commission may adopt, by resolution, a methodology for determining whether the adopted levels of service would be maintained upon approval of development orders or permits,
and how the approval of such orders or permits shall be conditioned so as to maintain the adopted levels of service. This methodology may refine but shall not be inconsistent with the
provisions of Sections 5 and 6, or the levels of service as defined in the comprehensive plan. This methodology shall be considered to be an amendment to the comprehensive plan support
documents. Upon adoption, this methodology shall be altered or amended only by resolution.
Sec. 8. Administration of article.
A. The planning director or his duly authorized representative is hereby authorized to administer the provisions of this article, except that the city manager may designate other departments,
officials, or employees of the city to administer this article or any portion thereof.
B. The planning director shall review all applications for residential development orders and permits described in Section 9.D.1 for compliance with the requirements of Sections 5 and
6, for the
purpose of determining whether the adopted levels of service for solid waste, parks, and recreation facilities would be maintained.
C. The city's development department shall review all applications for development orders and permits described in Section 9.D.1 for compliance with the requirements of Sections 5 and
6, for the purpose of determining whether the adopted levels of service for drainage facilities would be maintained. The development department shall transmit its findings and necessary
conditions of approval to the planning director.
D. The city's utilities department shall review all applications for residential development orders and permits described in Section 9.D.1 for compliance with the requirements of Sections
5 and 6, for the purpose of determining whether the adopted levels of service for potable water and sanitary sewer would be maintained. The utilities department shall transmit its findings
and necessary conditions of approval to the planning director.
E. The Palm Beach County Traffic Engineer shall review each application for area development orders and permit which are subject to such review according to the Palm Beach County Traffic
Performance Standards Ordinance, and the review and approval of such development orders and permits shall be in accordance with said ordinances. In addition, the city may review each
traffic impact study in accordance with said ordinance.
F. The City Engineer shall review all applications for development orders and permits for compliance with the requirements of Section 5, for the purpose of determining whether the adopted
levels of service for roadways within the city which are not the responsibility of Palm Beach County or the Florida Department of transportation would be maintained.
(Ord. No. 96-50, § 2, 1-21-97; Ord. No. 07-006, § 3, 3-20-07)
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Planning and Development Generally 13
Sec. 9. Procedures for certification or conditional certification of concurrency.
A. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, parks, recreation and road facilities are available concurrent with the impacts of
development on each facility, the following procedures are hereby established to ensure that no development order or permit is issued unless there are adequate public facilities available
to serve the proposed development project, or that the development order or permit is conditioned on the availability of public facilities concurrent with the impacts of development.
B. Exemptions, nonapplicability. The requirements of this section shall not apply to development orders and permits which are not defined as such in Section 3, and shall not apply
to development orders or permits which are fully exempt in accordance with Section 10 or 14.
C. Review to determine adequacy of public facilities.
1. General. No development order or permit as set forth in Section 9.D.1.a through c which is submitted after the effective date or this article shall be approved without the simultaneous
issuance of a concurrency exemption determination, certification of concurrency, or conditional certification of concurrency for each public facility. In no case shall land development
be permitted to proceed unless a development permit has been issued for which certification of concurrency has issued.
2. Rules of general applicability.
a. Timing. A land development order or permit may be submitted for concurrency review at any time during the year. For development orders and permits which are required to be submitted
to the planning director according to Section 9.D.1, the deadline for submittal of applications to the planning director shall be thirty (30) days prior to the regularly scheduled technical
review committee meeting which is prior to the regularly scheduled planning and development board meeting; except that where the
development order or permit is subject to the Palm Beach County Traffic Performance Standards Ordinance, this deadline shall be sixty (60) days. All deadlines and procedures which are
set forth elsewhere in this article shall be construed to be amended as necessary, in order to ensure compliance with the Palm Beach Countywide Traffic Performance Standards Ordinance.
b. Assignability and transferability. An exemption determination, certification of concurrency, or conditional certification of concurrency shall be assignable within a development
project, but shall not be assignable or transferable to any other development project.
c. Phasing. In determining whether a certification of concurrency or conditional certification of concurrency would comply with the requirements of Sections 5 and 6, the planning
director may consider the phasing of development and its coordination with public facility capital improvements for a period of up to five (5) years, or for a longer period of time if
approved as a part of a development agreement. Any such phasing plan shall be a condition of the approval of the development order or permit.
d. Categories of development orders and permits for which concurrency may be certified or conditionally certified.
(1) Potable water. Certification of concurrency or conditional certification of concurrency for potable water facilities shall be issued only for "A" category development orders
and permits, as defined in Section 4.
(2) Sanitary sewer. Certification of concurrency or conditional certification of concurrency for sanitary sewer facilities shall be issued only for "A" category development orders
and permits, as defined in Section 4.
(3) Drainage. Certification of concurrency or conditional certification of concurrency for potable water facilities shall be made only for "A", "B", "C" and "D" category development
orders and permits, as defined in Section 4.
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14 Boynton Beach Code
(4) Solid waste. Certification of concurrency or conditional certification of concurrency for solid waste facilities shall be issued only for "A" category development orders and
permits, as defined in Section 4.
(5) Neighborhood parks. Certification of concurrency or conditional certification of concurrency for neighborhood park facilities shall be issued only for "A", "B", "C" and "D"
category development orders and permits, as defined in Section 4.
(6) District parks. Certification of concurrency or conditional certification of concurrency for district park facilities shall be issued only for "A" category development orders
and permits, as defined in Section 4.
(7) Recreation facilities. Certification of concurrency or conditional certification of concurrency for recreation facilities shall be issued only for "A" category development orders
and permits, as defined in Section 4.
(8) Roads. Certification of concurrency or conditional certification for road facilities shall be issued only for "A" category development orders and permits, as defined in Section
4.
[d.1.] Expiration and effect.
Expiration of certification of concurrency and conditional certification of concurrency.
Certification of concurrency shall be valid for the life of the development order or permit as defined in Section 4, and shall be valid for the life of all subsequent development
orders and permits, provided that neither the original or subsequent development orders or permits have been allowed by the applicant to expire. Expiration of development orders and
permits shall be defined by the time limitations set forth in Section 4. If the development order or permit is in a category for which concurrency cannot be certified for all public
facilities, the applicant shall submit, prior to the expiration date of the development order, an application for a development order or permit for which the remaining public facilities
for which a certification of concurrency or conditional certification of concurrency can be issued; otherwise, all certifications of concurrency and conditional certifications of concurrency
shall expire. Time extension for certifications in such cases may be granted only in accordance with Section 12.
If a project has received certification of concurrency for some public facilities, and has received conditional certification of concurrency for other public facilities, any of which
are to be constructed by a governmental agency or pursuant to a valid development order or permit issued to others, then all such certifications shall be valid until such time as the
public facilities which are to be constructed by others or by government agencies are available, such that a certification of concurrency for said public facilities can be made. In
such cases, the applicant shall file a written request to renew the certification of concurrency or conditional certification of concurrency, prior to the expiration date of the development
order or permit, and thereafter on a yearly basis, prior to the anniversary of the expiration date of the development order or permit.
If a project has received concurrency certification for some public facilities, and conditional for other public facilities all of which are to be constructed by the developer, then
all such certifications shall be valid only until the expiration date of the development order or permit. Time extensions beyond any such expiration date for any certifications of concurrency
or conditional certifications of concurrency may be approved only in accordance with Section 12.
After the point in time at which certification of concurrency is issued for all public facilities, the life of the development order or permit shall be that which is specified in
Section 4, and time extensions for such certification, beyond the expiration date of the development order or permit, may be approved only in accordance with Section 12.
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Planning and Development Generally 15
Any certification of concurrency or conditional certification of concurrency for potable water or sanitary sewer facilities shall be contingent upon the developer paying a reservation
fee for same, in accordance with Chapter 26 of the City's Code of Ordinances, within thirty (30) days of the approval of the development order or permit. If the reservation fee is not
paid within this time, then certification of concurrency or conditional certification of concurrency shall expire, unless a time extension is granted in accordance with Section 12.
e. Effect.
(1) Certification of concurrency. Receipt of certification of concurrency shall constitute proof that public facilities are or will be available, consistent with the adopted levels
of service set forth in Section 5, and the conditions set forth in Section 6, and shall specify the public facilities which are to be constructed, timing of construction, and responsibility
for construction. Certification of concurrency shall reserve capacity in the public facilities which are available, until the certification of concurrency expires.
(2) Conditional certification of concurrency. If a certification of concurrency cannot be issued for any particular public facility then the development order or permit may be issued
a certification of conditional concurrency, if there is reasonable likelihood that the necessary public facilities would be provided by the developer, a governmental agency, or by other
developers. The conditional certification of concurrency shall specify the public facilities which are to be constructed, timing of construction, and responsibility for construction.
A conditional certification of concurrency shall reserve capacity in the public facilities which shall be specified as such, until the conditional certification of concurrency expires.
f. Amendment of certification. An amendment to a certification of concurrency or conditional certification of concurrency shall be required in order to amend any development order
or permit for which such certification has been made, if the amendment would increase or decrease the
demand for any public facility. The amendment of the certification shall require evaluation and reservation of capacity only for any additional demand for public facilities which would
be created by the amendment to the development order or permit. Furthermore, the amendment of the certification shall be approved if the amendment to the development order or permit
is exempt from concurrency requirements in accordance with Sections 14 and 10.
g. Effect of development agreement in conjunction with certification of concurrency or conditional certification of concurrency. A developer may enter into a development agreement
with the City of Boynton Beach, in conjunction with the approval of the development order or permit and issuance of certification of concurrency or conditional certification of concurrency,
in order to meet the conditions for the issuance of development permits which are set forth in Section 6. The effect of the development agreement shall be to bind the city and the developer
pursuant to the terms of the development agreement for the duration of the agreement. Any public facility which is included in the five-year schedule of capital improvements in the city's
CIE and which is included in the development agreement shall not be delayed, deferred, or removed from the five-year schedule of capital improvements set forth in the CIE, provided,
however, that the development agreement may state that the capital improvement may be deferred for up to one year. The city may delay, defer or remove a capital improvement from the
five-year schedule in such cases only if the level of service in the comprehensive plan is amended accordingly, and all development agreements shall include a provision for same.
D. Procedure for review of land development orders and permits for compliance with this article.
1. Submission of development order or permit to planning director. For each of the
following development orders and permits listed below for which an application is submitted to the city after the effective date, either a copy of the application shall be submitted
to the planning director, or the planning director shall be notified by the appropriate city department that the application has been received:
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16 Boynton Beach Code
a. All development orders; and
b. All subdivision final plats; and
c. All development permits which are not fully exempt, in accordance with Section 10 or Section 14, or for which certification of concurrency has not been issued for all public facilities.
2. Application requirements. Before processing, all such development order or permit applications shall be substantially complete and shall include the following:
a. For nonresidential uses, the gross square footage and type of uses that would occupy such floor area.
b. For nonresidential uses, the square footage and type of use, for any exterior uses which, in and by themselves, would create demand for public facilities.
c. For residential uses and lodging facilities, the number and type of dwelling units or lodging facilities; and, in the case of group quarters, the number of beds.
d. For applications for which the development project would generate more than five hundred (500) net vehicle trips per day, a traffic impact study shall be submitted which shall
comply with the requirements of the Palm Beach County Traffic Performance Standards Ordinance, unless the development project qualifies as a "previous approval" under the terms of said
ordinances. All applications which generate five hundred (500) or more gross vehicle trips per day shall include a calculation of the number of net vehicle trips.
e. The proposed timing of the project, and phasing plan for the project, if any.
3. Determination of completeness. The planning director shall initiate review of the application upon receipt of same, and shall determine whether the application is complete with
respect to
this article, and includes data necessary to evaluate the application, within ten (10) days of receipt. If it is determined that the application is not complete, the applicant shall
be notified of the deficiencies. The planning director shall take no further action on the application unless the deficiencies are remedied. For applications which were submitted to
other city departments or other governmental agencies, the planning director shall notify the city department or other governmental agency which had sent the application or notice of
same to the planning director. For applications which were submitted directly to the planning department, the planning director shall notify the applicant directly.
4. Review and recommendation of city departments and service providers. Within two (2) days of the day on which the planning director determines that the application is complete,
the application shall be forwarded to the utilities department for all residential development orders and permits, the engineering department for all development orders and permits,
and the Palm Beach County Engineer for development orders and permits which are subject to the Palm Beach County Traffic Performance Standards Ordinance; however, if the application
originated from either the utilities or engineering department, the planning director shall only notify that department that the review of the application for compliance with this article
shall commence.
5. Decision by planning director.
a. Determination of nonapplicability. The planning director may determine that the application is not a development order or permit, as defined in Section 3. In such cases, no further
action by the planning director or by the city shall be required.
b. Exemption determination. The planning director may determine that the application is for a development order which is exempt, in accordance with Section 10, for any public facility.
In such cases, the planning director shall issue an exemption determination for such public facilities and
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Planning and Development Generally 17
shall proceed in accordance with subsection c below with respect to any public facilities for which the development order or permit is not exempt.
c. Certification of concurrency. Within fifteen (15) days receipt of a statement from the utilities department, engineering department, and Palm Beach County Engineer, as required,
the planning director shall review that statements and the application, and determine whether the application complies with the requirements of Sections 5 and 6. For development orders,
certification of concurrency shall be issued only if the development order is conditioned upon development permits not being issued unless the conditions set forth in Section 6 are met.
If the application complies with the above requirements for all public facilities, the planning director shall issue a certification of concurrency. The certification of concurrency
shall specify the public facilities which are to be constructed, timing of construction, and responsibility for construction. If the planning director determines that the application
fails to meet the requirements of this subsection, the applicant shall be notified of such deficiency, and the planning director shall determine whether a conditional certification of
concurrency may be issued.
d. Conditional certification of concurrency. If a certification of concurrency cannot be issued for any particular public facility then the development order or permit may be issued
a certification of conditional concurrency, if there is reasonable likelihood that the necessary public facilities would be provided by the developer, a government agency or by others.
The conditional certification of concurrency shall specify the public facilities which would be necessary to serve development project, in order to maintain the adopted levels of service.
The conditional certification of concurrency shall also specify timing of construction, and responsibility for construction for these public facilities.
(Ord. No. 07-006, § 4, 3-20-07)
Sec. 10. Exemptions.
A. General rules concerning exemptions:
1. "Exemption" or "Exempt" shall mean that neither the city nor the applicant shall be required to demonstrate that the particular development order or permit complies with the concurrency
requirements set forth in Sections 5 and 6 would be met, that certification of concurrency or conditional certification pursuant to Section 9 shall not be required as a condition of
the approval or continued validity of the development order or permit, and that concurrency certification shall not be required in order for the development project to proceed, provided
that the conditions set forth in subsection 2 below are met.
2. A development order or permit shall continue to be exempt and may proceed to the next stage of the development approval and permitting procedure for as long as development proceeds
or is completed in good faith as defined by the expiration criteria set forth in Section 4.
3. "Effective date" with respect to exemptions shall mean February 1, 1990, with respect to concurrency requirements for roads, and shall mean June 1, 1990, with respect to concurrency
requirements for all other public facilities.
4. Substantially complete applications for development orders or permits which were submitted to the city prior to the effective date shall have the same exemption status as development
orders or permits which were approved prior to the effective date. The determination of whether an application is substantially complete shall be solely within the judgement of the
appropriate city department, agency, official, or employee to which the application is submitted, except that the city manager may review any such determination and substitute his own
determination.
5. Development orders or permits, other than those which are listed in Section 10.B, and which create demand for public facilities, may be determined to be exempt if an appeal is filed
and granted in accordance with Section 14. The development order or permit in question shall be similar in nature to one of the categories of development orders or permits which is
exempt.
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18 Boynton Beach Code
6. Development orders or permits which are accessory to an exempt development order or permit set forth shall be construed to be exempt in accordance with the rules that apply to the
principal development order or permit, including expiration dates.
7. The expiration of exemptions shall be timed from the date of the most recent approval, time extension, revision, modification, or amendment of the particular development order or
permit which was granted prior to the effective date, or which was submitted prior to the effective date and subsequently approved.
8. An exemption shall not be construed to relieve any other lawful requirements related to provision of public facilities, or to nullify conditions of approval of the development order
or permit which are related to the provision of public facilities or other improvements.
B. Exempt development orders and permits:
1. All development orders and permits and only those which are listed as "A" category development orders or permits in Section 4 shall be exempt from concurrency requirements set forth
in Sections 5 and 6, with respect to maintaining adopted levels of service for potable water, sanitary sewer, solid waste, recreation and district parks facilities.
2. All development orders and permits and only those which are listed as "A", "B" or "C" category development orders or permits in Section 4 shall be exempt from the concurrency requirements
set forth in Sections 5 and 6, with respect to maintaining adopted levels of service for drainage, road and neighborhood parks facilities.
C. Exemption rules which are specific to particular types of public facilities: The following rules shall apply to exempt development orders and permits, with respect to particular
types of public facilities:
1. Potable water facilities. The exemption rules set forth in this section shall also apply where a determination of exemption is required of or requested
from the city for development projects located outside the corporate limits of the City of Boynton Beach but are located within the city's water service area. The type of development
order or permit issued by the City of Boynton Beach which is most similar to the type of development order or permit issued by the other local government shall be used in such cases
to determine the exemption category and status.
2. Sanitary sewer facilities. The exemption rules set forth in this section shall also apply where a determination of exemption is required of or requested from the city for projects
located outside the corporate limits of the City of Boynton Beach, but are located within the city's sewer service area. The type of development order or permit issued by the City of
Boynton Beach which is most similar to the type of development order or permit issued by the other local government shall be used in such cases to determine the exemption category and
status.
3. Drainage facilities. Exemption of a development order or permit from the concurrency requirements set forth in this article shall not relieve the obligation of applicant for development
order or permit to obtain necessary permits or other approvals from Lake Worth Drainage District, South Florida Water Management District or the city, and to comply with applicable laws,
policies and permit conditions which are administered by these agencies. Furthermore, all exempt development orders or permits shall be subject to any permits or approvals, and conditions
attached thereto, which were issued for the particular development order or permit by the South Florida Water Management District, Lake Worth Drainage District or city.
4. Solid waste facilities. Reserved.
5. Recreation facilities. For development projects which are exempt, no existing private recreation facilities shall be reduced in size or number below the levels of service which
are set forth in Section 5, except in accordance with Sections 14 or 15.
6. District park facilities. Reserved.
7. Neighborhood park facilities.
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Planning and Development Generally 19
a. For exempt development projects. For development projects which are exempt, no existing private recreation or park areas shall be reduced in size such that the level of service
would be reduced below that which is set forth in Section 5, except by an appeal granted in accordance with Sections 14 or 15.
b. For annexed development projects. For development projects which were approved in Palm Beach County and subsequently annexed, and which are exempt, no existing private recreation
or park areas shall be reduced in size such that the level of service would be reduced below that which is set forth in Section 5, except by an appeal granted in accordance with Sections
14 or 15.
8. Roads.
a. All "A", "B" and "C" category projects shall be exempt, and shall be construed to be projects with "previous approval" in accordance with the Palm Beach County Wide Traffic Performance
Standards Ordinance.
b. All exempt development orders and permits shall be required to provide traffic improvements in accordance with the conditions of the approval of the development order or permit.
c. All complete applications for development orders or permits which were received after November 7, 1989 and before February 1, 1990, and which included an application for rezoning
shall be required to comply with the provisions of Chapter 2, Section 9.C.4.h.(5) of the City of Boynton Beach Land Development Regulations, except that the levels of service for roadway
links shall be those which were set forth in the city's comprehensive plan during this time period.
Sec. 11. Concurrency review board.
A. Reserved.
B. Reserved.
C. Concurrency review board. A concurrency review board is hereby established, which shall consist of the utilities director, the recreation and parks director, the public works director,
the city engineer, the planning and zoning director, and the director of development, or their duly authorized representatives. The city manager may include himself and/or the city
attorney on this board, at the discretion of the city manager, either permanently or for the purpose of reviewing particular applications. A quorum of this board shall consist of three
(3) members, and all actions by the board shall be by simple majority vote, unless the votes are evenly split, in which case, the vote of the board shall simply be transmitted to the
planning and development board. The concurrency review board or its members may consult with the city attorney, city manager and any other government officer or agency involved with
the provision or regulation of public facilities, as well as the state land planning agency and the regional planning council, with respect to any matter which is to be considered by
the board.
D. All actions by the concurrency review board, city manager, planning and development board and City Commission with respect to an appeal shall be based upon applicable provisions
of Florida law, the city's comprehensive plan, other applicable provisions of the city's Land Development Regulations, the provisions of this article, the plans, programs, and regulations
of those agencies which provide or regulate public facilities, accepted engineering principals, and applicable criteria set forth in Sections 13 or 14.
E. Reserved.
F. The concurrency review board shall review each appeal with respect to the criteria set forth in Section 11.D, and shall forward its recommendation as well as the vote of each of
its members to the planning and development board, and shall notify city manager of its recommendations. Any action by the concurrency review board may be appealed as outlined in Chapter
1, Article VII, Section 2.
G. Duties.
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20 Boynton Beach Code
1. Hear and decide appeals of administrative decisions or determinations denying certificate of concurrency and/or a conditional certificate of concurrency.
2. Hear and decide appeals for time extensions to a certificate of concurrency or conditional certificate of concurrency.
3. Hear and decide appeals when a determination is made that a particular development order or permit is not exempt from concurrency requirements.
(Ord. No. 96-50, § 3, 1-21-97; Ord. No. 02-033, §§ 2, 4, 8-20-02)
Sec. 12. Reserved.
Sec. 13. Reserved.
Sec. 14. Certification of concurrency or exemption upon request.
Any property owner, contract purchaser, developer or prospective developer, or their agent, may, with the written consent of the property owner, request the planning department to certify
that the development order or permit for the property is exempt from the concurrency requirements, or is not exempt but otherwise complies with such requirements, with the following
exceptions:
A. Any development order or permit has been issued or is contemplated for a single-family or duplex lot located within a subdivision plat which was recorded prior to January 13, 1978;
and
B. Any development order or permit which has been issued or which is contemplated on property lying within any recorded subdivision plat for which the on-site water, sewer, paving and
drainage improvements have been accepted by the city, or the twenty-one-month time limit for the completion of such improvements has not expired; and
C. Any structure which has received a certificate of occupancy or is otherwise lawfully occupied; and
D. Any site plan or conditional use for which less than one year has passed since the approval date of same; and
E. Any property, use of property, or structure for which a development order or permit has not been issued or applied for.
For the development orders and permits listed under subsections A through E above the planning department shall not be required to provide a written exemption determination, or is not
exempt but otherwise complies with the city's concurrency requirements.
Sec. 15. Reserved.
ARTICLE VII. FEDERAL HIGHWAY
CORRIDOR COMMUNITY
REDEVELOPMENT PLAN
Sec. 16. Adoption of plan; Applicability.
A. The City Commission hereby adopts the Federal Highway Corridor Community Redevelopment Plan, prepared by Michele Mellgren and Associates, Inc., dated April 3, 2001.
B. The Federal Highway Corridor Community Redevelopment Plan constitutes a partial update of the existing 1983 CRA Redevelopment Plan.
(Ord. No. 01-20, §§ 1, 2, 5-15-01)
Sec. 17. Conflicting ordinances.
All laws and ordinances in conflict with any provisions of this article are hereby repealed.
(Ord. No. 01-20, § 3, 5-15-01)
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Planning and Development Generally 21
Sec. 18. Severability.
Should any section or provision of this article or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of
this article.
(Ord. No. 01-20, § 4, 5-15-01)
Sec. 19. Effective date.
This article shall become effective immediately upon passage.
(Ord. No. 01-20, § 5, 5-15-01)
ARTICLE VIII. PROPORTIONATE
FAIR-SHARE MITIGATION OF
TRANSPORTATION IMPACT
Sec. 1. Purpose and intent.
The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors, to be known as the Proportionate Fair-Share Program, as required by and in a manner consistent with F.S. § 163.3180(16), as amended from time to time.
(Ord. No. 07-006, § 5, 3-20-07)
Sec. 2. Applicability.
The Proportionate Fair-Share Program shall apply to all developments that fail to meet the standards of this division on a roadway within the city that is not the responsibility of
Palm Beach County or the Florida Department of Transportation (FDOT). The Proportionate Fair-Share Program does not apply to Developments of Regional Impact (DRIs) using proportionate
fair-share under F.S. § 163.3180(12), projects exempted from this division, or for projects that received traffic concurrency approval prior to January 1, 2007.
(Ord. No. 07-006, § 5, 3-20-07)
Sec. 3. General requirements.
An applicant may choose to satisfy the transportation concurrency requirements by making a proportionate fair-share contribution, so long as each of the following requirements are met:
A. The proposed development is consistent with the comprehensive plan and applicable land development regulations.
B. The road improvement necessary to maintain the LOS for transportation is identified in the five (5)-year schedule of capital improvements in the Capital Improvement Element of the
Comprehensive Plan.
C. Any improvement project proposed to meet the developer's fair-share obligation shall meet the city's design standards for locally maintained roadways.
D. Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the Comprehensive Plan, the city shall coordinate with Palm Beach County and
other affected jurisdictions such as FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate
fair-share mitigation.
(Ord. No. 07-006, § 5, 3-20-07)
Sec. 4. Application process.
A. In the event of a lack of capacity, the applicant shall have the opportunity to satisfy transportation concurrency requirements through the Proportionate Fair-Share Program subject
to the requirements of subsection (b).
B. Prior to the submittal of an application, eligible applicants shall schedule a pre-application meeting with city staff. Subsequent to the pre-application meeting, eligible applicants
shall submit a completed development application and all documentation requested by the city. If the impacted
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22 Boynton Beach Code
facility is on the Strategic Intermodal System (SIS), then FDOT will be notified and invited to participate in the pre-application meeting. The city shall also have the option of notifying
and inviting Palm Beach County.
C. City staff shall review the application and certify that the application is sufficient and complete within fourteen (14) working days. If an application is determined to be insufficient,
incomplete or inconsistent with the general requirements of the Proportionate Fair-Share Program as indicated in subsection (b), then the applicant will be notified in writing of the
reasons for such deficiencies. If such deficiencies are not remedied by the applicant within thirty (30) days of receipt of the written notification, then the application will be deemed
withdrawn and all fees forfeited to the city, unless the city determines that the applicant is working toward a remedy of the stated deficiencies in good faith, in which case the city
may extend the deadline as deemed appropriate by the city.
D. Pursuant to F.S. § 163.3180(16)(e), as amended from time to time, proposed proportionate fair-share mitigation for development impacts to facilities on the SIS requires the concurrency
of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair-share agreement.
E. When an application is deemed sufficient and complete in accordance with subparagraph C., above, the applicant shall be advised in writing and a proposed proportionate fair-share
obligation and binding agreement prepared by the city shall be executed by the applicant and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed
proportionate fair-share mitigation on a SIS facility, no later than sixty (60) days from the date at which the applicant received the notification of a sufficient and complete application.
If the agreement is not received by the city within these sixty (60) days, then the application will be deemed withdrawn and all fees forfeited to the city, unless the city determines
that the applicant is working toward a remedy of the stated deficiencies in good
faith, in which case the city may extend the deadline as deemed appropriate by the city.
F. No proportionate fair-share agreement will be effective until approved by the city through an administrative approval.
(Ord. No. 07-006, § 5, 3-20-07)
Sec. 5. Determining proportionate fair-share obligation.
A. Proportionate fair-share mitigation for transportation concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities.
B. A development eligible for participation under the Proportionate Fair-Share Program shall not be required to pay more than its proportionate fair-share. The fair market value of
the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.
C. The methodology used to calculate a development's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180(12), as follows:
The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by
the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction
cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.
Mathematically stated as:
Proportionate Fair-Share = ? [[(Development Tripsi)/(SV Increasei)] x Costi]
Where:
Development Tripsi = Those peak hour trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the city's
concurrency management system;
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SV Increasei = Peak hour service volume increase provided by the eligible improvement to roadway segment "i" per subsection (b);
Costi = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering review,
inspection, administration, and physical development costs directly associated with construction at the anticipated cost, including contingencies, in the year it will be incurred.
D. For the purposes of determining proportionate fair-share obligations, the City Engineer shall determine improvement costs based upon the actual and/or anticipated cost of the improvement
in the year that construction will occur.
E. If an improvement is proposed by the applicant, then the value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by
the City Engineer or by some other method approved by the City Engineer.
(Ord. No. 07-006, § 5, 3-20-07)
Sec. 6. Impact fee credit for proportionate fair-share mitigation.
A. Proportionate fair-share contributions shall be applied as a credit against road impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used
to address the same capital infrastructure improvements contemplated by road impact fees which may hereafter be established by the city.
B. The proportionate fair-share obligation is intended to mitigate the transportation impacts of a proposed project. As a result, any road impact fee credit based upon proportionate
fair-share contributions for a proposed project cannot be transferred to any other project.
(Ord. No. 07-006, § 5, 3-20-07)
Sec. 7. Proportionate fair-share agreements.
A. Upon execution of a proportionate fair-share agreement ("agreement"), the applicant shall receive a certification of concurrency reservation for capital road facilities. Should the
applicant fail to apply for a development permit within twelve (12) months, then the agreement shall be considered null and void, and the applicant shall be required to reapply, unless
the city and the applicant mutually agree to an extension.
B. Payment of the proportionate fair-share contribution is due in full no later than issuance of the first building permit, and shall be non-refundable. If the payment is submitted
more than ninety (90) days from the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment, pursuant to subsection (e)
and adjusted accordingly.
C. In the event an agreement requires the applicant to pay or build one hundred percent (100%) of one (1) or more road improvements, all such improvements shall be commenced prior to
issuance of a building permit and assured by a binding agreement that is accompanied by a performance security, as determined by the city, which is sufficient to ensure the completion
of all required improvements.
D. Dedication of necessary rights-of-way for facility improvements pursuant to a proportionate fair-share agreement shall be completed prior to issuance of the first building permit.
E. Any requested change to a development subsequent to the issuance of a development order may be subject to additional proportionate fair-share contributions to the extent the change
would generate additional traffic that would require additional mitigation.
F. Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the agreement. The application fee and any associated
advertising costs paid to the city will be nonrefundable.
(Ord. No. 07-006, § 5, 3-20-07)
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Sec. 8. Appropriation of fair-share revenues.
A. Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the CIE, or as otherwise established in the terms of
the proportionate fair-share agreement. Proportionate fair-share revenues may be used as the fifty percent (50%) local match for funding under the FDOT TRIP, or any other matching requirement
for state and federal grant programs as may be allowed by law.
B. In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement
within the city that would mitigate the impacts of development pursuant to the requirements of subsection (b).
(Ord. No. 07-006, § 5, 3-20-07)
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